[House Report 111-706]
[From the U.S. Government Publishing Office]
111th Congress
2d Session HOUSE OF REPRESENTATIVES Report
111-706
_______________________________________________________________________
Union Calendar No. 429
REPORT ON THE ACTIVITY
of the
COMMITTEE ON ENERGY AND COMMERCE
for the
ONE HUNDRED ELEVENTH CONGRESS
January 3, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, January 3, 2011.
Hon. Lorraine C. Miller,
Clerk, House of Representatives,
Washington, DC.
Dear Ms. Miller: Pursuant to clause 1(d) of rule XI of the
Rules of the House of Representatives, I present herewith a
report on the activity of the Committee on Energy and Commerce
for the 111th Congress, including the Committee's review and
study of legislation within its jurisdiction and the oversight
activities undertaken by the Committee.
Sincerely,
Henry A. Waxman,
Chairman.
C O N T E N T S
----------
Page
Jurisdiction..................................................... 1
Rules for the Committee.......................................... 3
Members and Organization......................................... 13
Committee Staff.................................................. 20
Legislative and Oversight Summary................................ 23
Subcommittee on Commerce, Trade, and Consumer Protection......... 29
Subcommittee on Communications, Technology, and the Internet..... 61
Subcommittee on Energy and Environment........................... 87
Subcommittee on Health........................................... 127
Subcommittee on Oversight and Investigations..................... 215
Appendix I--Oversight Plan for the 111th Congress................ 241
Appendix II--Statistical Summary of Activity..................... 249
Appendix III--Public Laws........................................ 251
Appendix IV--Publications of the Committee....................... 253
Union Calendar No. 429
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-706
======================================================================
REPORT ON THE ACTIVITY OF THE COMMITTEE ON ENERGY AND COMMERCE FOR THE
111TH CONGRESS
_______
January 3, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
ACTIVITY OF THE COMMITTEE ON ENERGY AND COMMERCE, 111TH CONGRESS
Committee Jurisdiction
The jurisdiction of the Committee on Energy and Commerce,
as prescribed by clause 1(f) of rule X of the Rules of the
House of Representatives in the 111th Congress, is as follows:
(1) Biomedical research and development.
(2) Consumer affairs and consumer protection.
(3) Health and health facilities (except health care
supported by payroll deductions).
(4) Interstate energy compacts.
(5) Interstate and foreign commerce generally.
(6) Exploration, production, storage, supply, marketing,
pricing, and regulation of energy resources, including all
fossil fuels, solar energy, and other unconventional or
renewable energy resources.
(7) Conservation of energy resources.
(8) Energy information generally.
(9) The generation and marketing of power (except by
federally chartered or Federal regional power marketing
authorities); reliability and interstate transmission of, and
ratemaking for, all power; and siting of generation facilities
(except the installation of interconnections between Government
waterpower projects).
(10) General management of the Department of Energy and
management and all functions of the Federal Energy Regulatory
Commission.
(11) National energy policy generally.
(12) Public health and quarantine.
(13) Regulation of the domestic nuclear energy industry,
including regulation of research and development reactors and
nuclear regulatory research.
(14) Regulation of interstate and foreign communications.
(15) Travel and tourism.
The committee shall have the same jurisdiction with respect
to regulation of nuclear facilities and of use of nuclear
energy as it has with respect to regulation of non-nuclear
facilities and of use of non-nuclear energy.
In addition, clause 3(e) of Rule X of the Rules of the
House of Representatives provides that the Committee on Energy
and Commerce shall review and study on a continuing basis laws,
programs, and Government activities relating to nuclear and
other energy and nonmilitary nuclear energy research and
development including the disposal of nuclear waste.
RULES FOR THE COMMITTEE ON ENERGY AND COMMERCE, U.S. HOUSE OF
REPRESENTATIVES, 111TH CONGRESS
(Adopted January 14, 2009)
Rule 1.--General Provisions
(a) Rules of the Committee.--The Rules of the House are the
rules of the Committee on Energy and Commerce (hereinafter
``the Committee'') and its subcommittees so far as is
applicable.
(b) Rules of the Subcommittees.--Each subcommittee of the
Committee is part of the Committee and is subject to the
authority and direction of the Committee and to its rules so
far as applicable. Written rules adopted by the Committee, not
inconsistent with the Rules of the House, shall be binding on
each subcommittee of the Committee.
Rule 2.--Meetings
(a) Regular Meeting Days.--The Committee shall meet on the
fourth Tuesday of each month at 10 a.m., for the consideration
of bills, resolutions, and other business, if the House is in
session on that day. If the House is not in session on that day
and the Committee has not met during such month, the Committee
shall meet at the earliest practicable opportunity when the
House is again in session. The chairman of the Committee may,
at his discretion, cancel, delay, or defer any meeting required
under this section, after consultation with the ranking
minority member.
(b) Additional Meetings.--The chairman may call and
convene, as he considers necessary, additional meetings of the
Committee for the consideration of any bill or resolution
pending before the Committee or for the conduct of other
Committee business. The Committee shall meet for such purposes
pursuant to that call of the chairman.
(c) Notice.--The date, time, place, and subject matter of
any meeting of the Committee or its subcommittees scheduled on
a Tuesday, Wednesday, or Thursday when the House will be in
session shall be announced at least 36 hours (exclusive of
Saturdays, Sundays, and legal holidays except when the House is
in session on such days) in advance of the commencement of such
meeting. The date, time, place, and subject matter of other
meetings shall be announced at least 72 hours in advance of the
commencement of such meeting.
(d) Agenda.--The agenda for each Committee or subcommittee
meeting, setting out all items of business to be considered,
shall be provided to each member of the Committee at least 36
hours in advance of such meeting.
(e) Availability of Texts.--No bill, recommendation, or
other matter reported by a subcommittee shall be considered by
the Committee unless the text of the matter reported, together
with an explanation, has been available to members of the
Committee for at least 36 hours. Such explanation shall include
a summary of the major provisions of the legislation, an
explanation of the relationship of the matter to present law,
and a summary of the need for the legislation.
(f) Waiver.--The requirements of subsections (c), (d), and
(e) may be waived by a majority of those present and voting (a
majority being present) of the Committee or subcommittee, or by
the chairman with the concurrence of the ranking member, as the
case may be.
Rule 3.--Hearings
(a) Notice.--The date, time, place, and subject matter of
any hearing of the Committee or any of its subcommittees shall
be announced at least one week in advance of the commencement
of such hearing, unless a determination is made in accordance
with clause 2(g)(3) of Rule XI of the Rules of the House that
there is good cause to begin the hearing sooner.
(b) Memorandum.--Each member of the Committee or
subcommittee shall be provided, except in the case of unusual
circumstances, with a memorandum at least 48 hours before each
hearing explaining (1) the purpose of the hearing and (2) the
names of any witnesses.
(c) Witnesses.--(1) Each witness who is to appear before
the Committee or a subcommittee shall file with the clerk of
the Committee, at least two working days in advance of his or
her appearance, sufficient copies, as determined by the
chairman of the Committee or a subcommittee, of a written
statement of his or her proposed testimony to provide to
members and staff of the Committee or subcommittee, the news
media, and the general public. Each witness shall, to the
greatest extent practicable, also provide a copy of such
written testimony in an electronic format prescribed by the
chairman. Each witness shall limit his or her oral presentation
to a brief summary of the argument. The chairman of the
Committee or of a subcommittee, or the presiding member, may
waive the requirements of this paragraph or any part thereof.
(2) To the greatest extent practicable, the written
testimony of each witness appearing in a nongovernmental
capacity shall include a curriculum vitae and a disclosure of
the amount and source (by agency and program) of any federal
grant (or subgrant thereof) or contract (or subcontract
thereof) received during the current fiscal year or either of
the two preceding fiscal years by the witness or by an entity
represented by the witness.
(d) Questioning.--(1) The right to interrogate the
witnesses before the Committee or any of its subcommittees
shall alternate between majority and minority members. Each
member shall be limited to 5 minutes in the interrogation of
witnesses until such time as each member who so desires has had
an opportunity to question witnesses. No member shall be
recognized for a second period of 5 minutes to interrogate a
witness until each member of the Committee or subcommittee
present has been recognized once for that purpose. While the
Committee or subcommittee is operating under the 5 minute rule
for the interrogation of witnesses, the chairman shall
recognize in order of appearance members who were not present
when the meeting was called to order after all members who were
present when the meeting was called to order have been
recognized in the order of seniority on the Committee or
subcommittee, as the case may be.
(2) The chairman with the concurrence of the ranking
minority member, or the Committee by motion, may permit an
equal number of majority and minority members to question a
witness for a specified, total period that is equal for each
side and not longer than thirty minutes for each side. The
chairman with the concurrence of the ranking minority member,
or the Committee by motion, may also permit committee staff of
the majority and minority to question a witness for a
specified, total period that is equal for each side and not
longer than thirty minutes for each side.
(3) Each member may submit to the chairman of the Committee
or the subcommittee additional questions for the record, to be
answered by the witnesses who have appeared. Each member shall
provide a copy of the questions in an electronic format to the
clerk of the Committee no later than ten business days
following a hearing. The chairman shall transmit all questions
received from members of the Committee or the subcommittee to
the appropriate witness and include the transmittal letter and
the responses from the witnesses in the hearing record.
Rule 4.--Vice Chairmen; Presiding Member
The chairman shall designate a member of the majority party
to serve as vice chairman of the Committee, and shall designate
a majority member of each subcommittee to serve as vice
chairman of each subcommittee. The vice chairman of the
Committee or subcommittee, as the case may be, shall preside at
any meeting or hearing during the temporary absence of the
chairman. If the chairman and vice chairman of the Committee or
subcommittee are not present at any meeting or hearing, the
ranking member of the majority party who is present shall
preside at the meeting or hearing.
Rule 5.--Open Proceedings
Except as provided by the Rules of the House, each meeting
and hearing of the Committee or any of its subcommittees for
the transaction of business, including the markup of
legislation, and each hearing, shall be open to the public,
including to radio, television, and still photography coverage,
consistent with the provisions of Rule XI of the Rules of the
House.
Rule 6.--Quorum
Testimony may be taken and evidence received at any hearing
at which there are present not fewer than two members of the
Committee or subcommittee in question. A majority of the
members of the Committee or subcommittee shall constitute a
quorum for those actions for which the House rules require a
majority quorum. For the purposes of taking any other action,
one-third of the members of the Committee or subcommittee shall
constitute a quorum.
Rule 7.--Official Committee Records
(a)(1) Journal.--The proceedings of the Committee and its
subcommittees shall be recorded in a journal which shall, among
other things, show those present at each meeting, and include a
record of the vote on any question on which a record vote is
demanded and a description of the amendment, motion, order, or
other proposition voted. A copy of the journal shall be
furnished to the ranking minority member.
(2) Record Votes.--A record vote may be demanded by one-
fifth of the members present or, in the apparent absence of a
quorum, by any one member. No demand for a record vote shall be
made or obtained except for the purpose of procuring a record
vote or in the apparent absence of a quorum. The result of each
record vote in any meeting of the Committee and its
subcommittees shall be made available in the Committee office
for inspection by the public, as provided in Rule XI, clause
2(e) of the Rules of the House. The Chairman also shall make
the record of the votes on any question on which a record vote
is demanded available on the Committee's website not later than
2 business days after such vote is taken. Such record shall
include a description of the amendment, motion, order, or other
proposition, the name of each member voting for and each member
voting against such amendment, motion, order, or proposition,
and the names of those members of the committee present but not
voting.
(b) Archived Records.--The records of the Committee at the
National Archives and Records Administration shall be made
available for public use in accordance with Rule VII of the
Rules of the House. The chairman shall notify the ranking
minority member of any decision, pursuant to clause 3(b)(3) or
clause 4(b) of the Rule, to withhold a record otherwise
available, and the matter shall be presented to the Committee
for a determination on the written request of any member of the
Committee. The chairman shall consult with the ranking minority
member on any communication from the Archivist of the United
States or the Clerk of the House concerning the disposition of
noncurrent records pursuant to clause 3(b) of the Rule.
Rule 8.--Subcommittees
(a) Establishment.--There shall be such standing
subcommittees with such jurisdiction and size as determined by
the majority party caucus of the Committee. The jurisdiction,
number, and size of the subcommittees shall be determined by
the majority party caucus prior to the start of the process for
establishing subcommittee chairmanships and assignments.
(b) Powers and Duties.--Each subcommittee is authorized to
meet, hold hearings, receive testimony, mark up legislation,
and report to the Committee on all matters referred to it.
Subcommittee chairmen shall set hearing and meeting dates only
with the approval of the chairman of the Committee with a view
toward assuring the availability of meeting rooms and avoiding
simultaneous scheduling of Committee and subcommittee meetings
or hearings whenever possible.
(c) Ratio of Subcommittees.--The majority caucus of the
Committee shall determine an appropriate ratio of majority to
minority party members for each subcommittee and the chairman
shall negotiate that ratio with the minority party, provided
that the ratio of party members on each subcommittee shall be
no less favorable to the majority than that of the full
Committee, nor shall such ratio provide for a majority of less
than two majority members.
(d) Selection of Subcommittee Members.--Prior to any
organizational meeting held by the Committee, the majority and
minority caucuses shall select their respective members of the
standing subcommittees.
(e) Ex Officio Members.--The chairman and ranking minority
member of the Committee shall be ex officio members with voting
privileges of each subcommittee of which they are not assigned
as members and may be counted for purposes of establishing a
quorum in such subcommittees. The chairman emeritus shall be an
ex officio member without voting privileges of each
subcommittee of which the chairman emeritus is not assigned as
a member and may not be counted for purposes of establishing a
quorum on any such subcommittee.
(f) Subcommittee on Witness Inquiry.--There shall also be
established a Subcommittee on Witness Inquiry that may examine
witnesses in executive session pursuant to House Rule XI,
clause 2(g)(2) and 2(k)(5). The subcommittee shall be comprised
of two members of the majority party appointed at the
discretion of the chairman and one member of the minority party
appointed at the discretion of the ranking minority member.
Subsections (a), (b), (c), (d), and (e) shall not apply to the
Subcommittee.
Rule 9.--Opening Statements
(a) Written Statements.--All written opening statements at
business meetings conducted by the committee or any of its
subcommittees shall be made part of the permanent record.
(b) Length.--Statements shall be limited to 5 minutes each
for the chairman and ranking minority member (or their
respective designee) of the Committee or subcommittee, as
applicable, and 3 minutes each for all other members. At any
business meeting of the full Committee, the chairman may limit
opening statements for Members (including, at the discretion of
the Chairman, the chairman and ranking minority member) to one
minute.
Rule 10.--Reference of Legislation and Other Matters
All legislation and other matters referred to the Committee
shall be referred to the subcommittee of appropriate
jurisdiction within two weeks of the date of receipt by the
Committee unless action is taken by the full Committee within
those two weeks, or by majority vote of the members of the
Committee, consideration is to be by the full Committee. In the
case of legislation or other matter within the jurisdiction of
more than one subcommittee, the chairman of the Committee may,
in his discretion, refer the matter simultaneously to two or
more subcommittees for concurrent consideration, or may
designate a subcommittee of primary jurisdiction and also refer
the matter to one or more additional subcommittees for
consideration in sequence (subject to appropriate time
limitations), either on its initial referral or after the
matter has been reported by the subcommittee of primary
jurisdiction. Such authority shall include the authority to
refer such legislation or matter to an ad hoc subcommittee
appointed by the chairman, with the approval of the Committee,
from the members of the subcommittees having legislative or
oversight jurisdiction.
Rule 11.--Managing Legislation on the House Floor
The chairman, in his discretion, shall designate which
member shall manage legislation reported by the Committee to
the House.
Rule 12.--Committee Professional and Clerical Staff Appointments
(a) Delegation of Staff.--Whenever the chairman of the
Committee determines that any professional staff member
appointed pursuant to the provisions of clause 9 of Rule X of
the House of Representatives, who is assigned to such chairman
and not to the ranking minority member, by reason of such
professional staff member's expertise or qualifications will be
of assistance to one or more subcommittees in carrying out
their assigned responsibilities, he may delegate such member to
such subcommittees for such purpose. A delegation of a member
of the professional staff pursuant to this subsection shall be
made after consultation with subcommittee chairmen and with the
approval of the subcommittee chairman or chairmen involved.
(b) Minority Professional Staff.--Professional staff
members appointed pursuant to clause 9 of Rule X of the House
of Representatives, who are assigned to the ranking minority
member of the Committee and not to the chairman of the
Committee, shall be assigned to such Committee business as the
minority party members of the Committee consider advisable.
(c) Additional Staff Appointments.--In addition to the
professional staff appointed pursuant to clause 9 of Rule X of
the House of Representatives, the chairman of the Committee
shall be entitled to make such appointments to the professional
and clerical staff of the Committee as may be provided within
the budget approved for such purposes by the Committee. Such
appointee shall be assigned to such business of the full
Committee as the chairman of the Committee considers advisable.
(d) Sufficient Staff.--The chairman shall ensure that
sufficient staff is made available to each subcommittee to
carry out its responsibilities under the rules of the
Committee.
(e) Fair Treatment of Minority Members in Appointment of
Committee Staff.--The chairman shall ensure that the minority
members of the Committee are treated fairly in appointment of
Committee staff.
(f) Contracts for Temporary or Intermittent Services.--Any
contract for the temporary services or intermittent service of
individual consultants or organizations to make studies or
advise the Committee or its subcommittees with respect to any
matter within their jurisdiction shall be deemed to have been
approved by a majority of the members of the Committee if
approved by the chairman and ranking minority member of the
Committee. Such approval shall not be deemed to have been given
if at least one-third of the members of the Committee request
in writing that the Committee formally act on such a contract,
if the request is made within 10 days after the latest date on
which such chairman or chairmen, and such ranking minority
member or members, approve such contract.
Rule 13.--Supervision, Duties of Staff
(a) Supervision of Majority Staff.--The professional and
clerical staff of the Committee not assigned to the minority
shall be under the supervision and direction of the chairman
who, in consultation with the chairmen of the subcommittees,
shall establish and assign the duties and responsibilities of
such staff members and delegate such authority as he determines
appropriate.
(b) Supervision of Minority Staff.--The professional and
clerical staff assigned to the minority shall be under the
supervision and direction of the minority members of the
Committee, who may delegate such authority as they determine
appropriate.
Rule 14.--Committee Budget
(a) Preparation of Committee Budget.--The chairman of the
Committee, after consultation with the ranking minority member
of the Committee and the chairmen of the subcommittees, shall
for the 111th Congress prepare a preliminary budget for the
Committee, with such budget including necessary amounts for
professional and clerical staff, travel, investigations,
equipment and miscellaneous expenses of the Committee and the
subcommittees, and which shall be adequate to fully discharge
the Committee's responsibilities for legislation and oversight.
Such budget shall be presented by the chairman to the majority
party caucus of the Committee and thereafter to the full
Committee for its approval.
(b) Approval of the Committee Budget.--The chairman shall
take whatever action is necessary to have the budget as finally
approved by the Committee duly authorized by the House. No
proposed Committee budget may be submitted to the Committee on
House Administration unless it has been presented to and
approved by the majority party caucus and thereafter by the
full Committee. The chairman of the Committee may authorize all
necessary expenses in accordance with these rules and within
the limits of the Committee's budget as approved by the House.
(c) Monthly Expenditures Report.--Committee members shall
be furnished a copy of each monthly report, prepared by the
chairman for the Committee on House Administration, which shows
expenditures made during the reporting period and cumulative
for the year by the Committee and subcommittees, anticipated
expenditures for the projected Committee program, and detailed
information on travel.
Rule 15.--Broadcasting of Committee Hearings
Any meeting or hearing that is open to the public may be
covered in whole or in part by radio or television or still
photography, subject to the requirements of clause 4 of Rule XI
of the Rules of the House. The coverage of any hearing or other
proceeding of the Committee or any subcommittee thereof by
television, radio, or still photography shall be under the
direct supervision of the chairman of the Committee, the
subcommittee chairman, or other member of the Committee
presiding at such hearing or other proceeding and may be
terminated by such member in accordance with the Rules of the
House.
Rule 16.--Subpoenas
The chairman of the Committee may, after consultation with
the ranking minority member, authorize and issue a subpoena
under clause 2(m) of Rule XI of the House. If the ranking
minority member objects to the proposed subpoena in writing,
the matter shall be referred to the Committee for resolution.
The chairman of the Committee may authorize and issue subpoenas
without referring the matter to the Committee for resolution
during any period for which the House has adjourned for a
period in excess of 3 days when, in the opinion of the
chairman, authorization and issuance of the subpoena is
necessary. The chairman shall report to the members of the
Committee on the authorization and issuance of a subpoena
during the recess period as soon as practicable but in no event
later than one week after service of such subpoena.
Rule 17.--Travel of Members and Staff
(a) Approval of Travel.--Consistent with the primary
expense resolution and such additional expense resolutions as
may have been approved, travel to be reimbursed from funds set
aside for the Committee for any member or any staff member
shall be paid only upon the prior authorization of the
chairman. Travel may be authorized by the chairman for any
member and any staff member in connection with the attendance
of hearings conducted by the Committee or any subcommittee
thereof and meetings, conferences, and investigations which
involve activities or subject matter under the general
jurisdiction of the Committee. Before such authorization is
given there shall be submitted to the chairman in writing the
following: (1) the purpose of the travel; (2) the dates during
which the travel is to be made and the date or dates of the
event for which the travel is being made; (3) the location of
the event for which the travel is to be made; and (4) the names
of members and staff seeking authorization.
(b) Approval of Travel by Minority Members and Staff.--In
the case of travel by minority party members and minority party
professional staff for the purpose set out in (a), the prior
approval, not only of the chairman but also of the ranking
minority member, shall be required. Such prior authorization
shall be given by the chairman only upon the representation by
the ranking minority member in writing setting forth those
items enumerated in (1), (2), (3), and (4) of paragraph (a).
Rule 18.
The chairman shall maintain an official Committee website
for the purposes of furthering the Committee's legislative and
oversight responsibilities, including communicating information
about the Committee's activities to Committee members and other
members of the House. The ranking minority member may maintain
an official website for the purpose of carrying out official
responsibilities, including communicating information about the
activities of the minority members of the Committee to
Committee members and other members of the House.
Rule 19.
The chairman of the Committee is directed to offer a motion
under clause 1 of Rule XXII of the Rules of the House whenever
the chairman considers it appropriate.
MEMBERSHIP AND ORGANIZATION OF THE COMMITTEE ON ENERGY AND COMMERCE
One Hundred Eleventh Congress
Committee on Energy And Commerce
(Ratio 36-23)
HENRY A. WAXMAN, California,
Chairman
JOE BARTON, Texas, Ranking Member JOHN D. DINGELL, Michigan,
RALPH M. HALL, Texas Chairman Emeritus
FRED UPTON, Michigan EDWARD J. MARKEY, Massachusetts
CLIFF STEARNS, Florida RICK BOUCHER, Virginia
NATHAN DEAL, Georgia FRANK PALLONE, Jr., New Jersey
ED WHITFIELD, Kentucky BART GORDON, Tennessee
JOHN SHIMKUS, Illinois BOBBY L. RUSH, Illinois
JOHN B. SHADEGG, Arizona ANNA G. ESHOO, California
ROY BLUNT, Missouri, Deputy Ranking MemberSTUPAK, Michigan
STEVE BUYER, Indiana ELIOT L. ENGEL, New York
GEORGE RADANOVICH, California GENE GREEN, Texas
JOSEPH R. PITTS, Pennsylvania DIANA DeGETTE, Colorado, Vice
MARY BONO MACK, California Chairman
GREG WALDEN, Oregon LOIS CAPPS, California
LEE TERRY, Nebraska MIKE DOYLE, Pennsylvania
MIKE ROGERS, Michigan JANE HARMAN, California
SUE WILKINS MYRICK, North Carolina JAN SCHAKOWSKY, Illinois
JOHN SULLIVAN, Oklahoma CHARLES A. GONZALEZ, Texas
TIM MURPHY, Pennsylvania JAY INSLEE, Washington
MICHAEL C. BURGESS, Texas TAMMY BALDWIN, Wisconsin
MARSHA BLACKBURN, Tennessee MIKE ROSS, Arkansas
PHIL GINGREY, Georgia ANTHONY D. WEINER, New York
STEVE SCALISE, Louisiana JIM MATHESON, Utah
PARKER GRIFFITH, Alabama G.K. BUTTERFIELD, North Carolina
ROBERT E. LATTA, Ohio CHARLIE MELANCON, Louisiana
JOHN BARROW, Georgia
BARON P. HILL, Indiana
DORIS O. MATSUI, California
DONNA M. CHRISTENSEN, Virgin
Islands
KATHY CASTOR, Florida
JOHN P. SARBANES, Maryland
CHRISTOPHER S. MURPHY, Connecticut
ZACHARY T. SPACE, Ohio
JERRY McNERNEY, California
BETTY SUTTON, Ohio
BRUCE L. BRALEY, Iowa
PETER WELCH, Vermont
SUBCOMMITTEE MEMBERSHIPS AND JURISDICTION
(RATIOS DO NOT INCLUDE EX-OFFICIO
MEMBERS)
Subcommittee on Commerce, Trade, and Consumer Protection
(Ratio 18-11)
BOBBY L. RUSH, Illinois, Chairman
JAN SCHAKOWSKY, Illinois
Vice Chairman
JOHN P. SARBANES, Maryland
BETTY SUTTON, Ohio
FRANK PALLONE, Jr., New Jersey
BART GORDON, Tennessee
BART STUPAK, Michigan
LEE TERRY, Nebraska
GENE GREEN, Texas
CHARLES A. GONZALEZ, Texas
ANTHONY D. WEINER, New York
JIM MATHESON, Utah
G. K. BUTTERFIELD, North Carolina
JOHN BARROW, Georgia
DORIS O. MATSUI, California
KATHY CASTOR, Florida
ZACHARY T. SPACE, Ohio
BRUCE L. BRALEY, Iowa
DIANA DeGETTE, Colorado
JOHN D. DINGELL, Michigan (Ex
Officio-non-voting)
HENRY A. WAXMAN, California (Ex
Officio)
ED WHITFIELD, Kentucky
Ranking Member
GEORGE RADANOVICH, California
CLIFF STEARNS, Florida
JOSEPH R. PITTS, Pennsylvania
MARY BONO MACK, California
SUE WILKINS MYRICK, North Carolina
TIM MURPHY, Pennsylvania
PHIL GINGREY, Georgia
STEVE SCALISE, Louisiana
ROBERT E. LATTA, Ohio
JOE BARTON, Texas, (Ex Officio)
Jurisdiction: Interstate and foreign commerce, including all trade
matters within the jurisdiction of the full committee; regulation of
commercial practices (the FTC), including sports-related matters;
consumer affairs and consumer protection, including privacy matters
generally; consumer product safety (the CPSC); and product liability;
and motor vehicle safety; regulation of travel, tourism, and time; and
toxic substances and noise pollution.
Subcommittee on Communications, Technology, and the Internet
(Ratio 21-13)
RICK BOUCHER, Virginia, Chairman
CLIFF STEARNS, Florida, Ranking MemberDWARD J. MARKEY, Massachusetts
FRED UPTON, Michigan BART GORDON, Tennessee
NATHAN DEAL, Georgia BOBBY L. RUSH, Illinois
JOHN SHIMKUS, Illinois ANNA G. ESHOO, California
JOHN B. SHADEGG, Arizona BART STUPAK, Michigan
ROY BLUNT, Missouri DIANA DeGETTE, Colorado
STEVE BUYER, Indiana MIKE DOYLE, Pennsylvania
GEORGE RADANOVICH, California JAY INSLEE, Washington
MARY BONO MACK, California ANTHONY D. WEINER, New York
GREG WALDEN, Oregon Vice Chairman
LEE TERRY, Nebraska G.K. BUTTERFIELD, North Carolina
MIKE ROGERS, Michigan CHARLIE MELANCON, Louisiana
MARSHA BLACKBURN, Tennessee BARON P. HILL, Indiana
PARKER GRIFFITH, Alabama DORIS O. MATSUI, California
ROBERT E. LATTA, Ohio DONNA M. CHRISTENSEN, Virgin
JOE BARTON, Texas (Ex Officio) Islands
KATHY CASTOR, Florida
CHRISTOPHER S. MURPHY, Connecticut
ZACHARY T. SPACE, Ohio
JERRY McNERNEY, California
PETER WELCH, Vermont
JOHN D. DINGELL, Michigan
HENRY A. WAXMAN, California
(Ex Officio)
Jurisdiction: Interstate and foreign telecommunications, including but
not limited to all telecommunication and information transmission by
broadcast, radio, wire, microwave, satellite, or other mode.
Subcommittee on Energy and Environment
(Ratio 21-13)
EDWARD J. MARKEY, Massachusetts,
Chairman
FRED UPTON, Michigan, Ranking Member MIKE DOYLE, Pennsylvania
RALPH M. HALL, Texas JAY INSLEE, Washington
CLIFF STEARNS, Florida G.K. BUTTERFIELD, North Carolina
ED WHITFIELD, Kentucky Vice Chairman
JOHN SHIMKUS, Illinois CHARLIE MELANCON, Louisiana
JOHN B. SHADEGG, Arizona BARON P. HILL, Indiana
ROY BLUNT, Missouri DORIS O. MATSUI, California
JOSEPH R. PITTS, Pennsylvania JERRY McNERNEY, California
MARY BONO MACK, California PETER WELCH, Vermont
JOHN SULLIVAN, Oklahoma JOHN D. DINGELL, Michigan
MICHAEL C. BURGESS, Texas RICK BOUCHER, Virginia
STEVE SCALISE, Louisiana FRANK PALLONE, Jr., New Jersey
PARKER GRIFFITH, Alabama ELIOT L. ENGEL, New York
JOE BARTON, Texas (Ex Officio) GENE GREEN, Texas
LOIS CAPPS, California
JANE HARMAN, California
TAMMY BALDWIN, Wisconsin
MIKE ROSS, Arkansas
JIM MATHESON, Utah
JOHN BARROW, Georgia
HENRY A. WAXMAN, California
(Ex Officio)
Jurisdiction: National energy policy generally; fossil energy,
renewable energy resources and synthetic fuels; energy conservation;
energy information; energy regulation and utilization; utility issues
and regulation of nuclear facilities; interstate energy compacts;
nuclear energy and waste; Superfund, RCRA, and the Safe Drinking Water
Act; The Clean Air Act; and, all laws, programs, and government
activities affecting such matters.
Subcommittee on Health
(Ratio 23-14)
FRANK PALLONE, Jr., New Jersey,
Chairman
JOHN SHIMKUS, Illinois, Ranking MemberOHN D. DINGELL, Michigan
RALPH M. HALL, Texas BART GORDON, Tennessee
ED WHITFIELD, Kentucky ANNA G. ESHOO, California
JOHN B. SHADEGG, Arizona ELIOT L. ENGEL, New York
ROY BLUNT, Missouri GENE GREEN, Texas
STEVE BUYER, Indiana DIANA DeGETTE, Colorado
JOSEPH R. PITTS, Pennsylvania LOIS CAPPS, California, Vice
MIKE ROGERS, Michigan Chairman
SUE WILKINS MYRICK, North Carolina JAN SCHAKOWSKY, Illinois
JOHN SULLIVAN, Oklahoma TAMMY BALDWIN, Wisconsin
TIM MURPHY, Pennsylvania MIKE ROSS, Arkansas
MICHAEL C. BURGESS, Texas ANTHONY D. WEINER, New York
MARSHA BLACKBURN, Tennessee JIM MATHESON, Utah
PHIL GINGREY, Georgia JANE HARMAN, California
JOE BARTON, Texas (Ex Officio) CHARLES A. GONZALEZ, Texas
JOHN BARROW, Georgia
DONNA M. CHRISTENSEN, Virgin
Islands
KATHY CASTOR, Florida
JOHN P. SARBANES, Maryland
CHRISTOPHER S. MURPHY, Connecticut
ZACHARY T. SPACE, Ohio
BETTY SUTTON, Ohio
BRUCE L. BRALEY, Iowa
HENRY A. WAXMAN, California
(Ex Officio)
Jurisdiction: Public health and quarantine; hospital construction;
mental health and research; biomedical programs and health protection
in general, including Medicaid and national health insurance; food and
drugs; and drug abuse.
Subcommittee on Oversight and Investigations
(Ratio 11-7)
BART STUPAK, Michigan, Chairman
MICHAEL C. BURGESS, Texas BRUCE L. BRALEY, Iowa,
Ranking Member Vice Chairman
GEORGE RADANOVICH, California EDWARD J. MARKEY, Massachusetts
JOHN SULLIVAN, Oklahoma DIANA DeGETTE, Colorado
MARSHA BLACKBURN, Tennessee MIKE DOYLE, Pennsylvania
PHIL GINGREY, Georgia JAN SCHAKOWSKY, Illinois
PARKER GRIFFITH, Alabama MIKE ROSS, Arkansas
ROBERT E. LATTA, Ohio DONNA M. CHRISTENSEN, Virgin
JOE BARTON, Texas (Ex Officio) Islands
PETER WELCH, Vermont
GENE GREEN, Texas
BETTY SUTTON, Ohio
JOHN D. DINGELL, Michigan
(Ex Officio--non-voting)
HENRY A. WAXMAN, California
(Ex Officio)
Jurisdiction: Responsibility for oversight of agencies, departments,
and programs within the jurisdiction of the full committee, and for
conducting investigations within such jurisdiction.
Committee Organization and Membership Changes
The Committee on Energy and Commerce organized on January
14, 2009, the Honorable Henry A. Waxman (D-CA), presiding. The
membership of the full Committee was increase by one additional
member for the 111th Congress, bringing the total number of
members on the Committee to 58 (36 Democrats and 22
Republicans). Ten were new to the Committee: Reps. Christensen
of the Virgin Islands, Castor of Florida, Sutton of Ohio,
Sarbanes of Maryland, Murphy of Connecticut, Space of Ohio,
McNerney of California, Braley of Iowa, Welch of Vermont, and
Gingrey of Georgia. On January 22, 2009, the House approved a
resolution that provided an additional Republican member to the
Committee; the additional seat was filled by Hon. Steve Scalise
(R-LA). The final number of those serving on the Committee was
59 (36 Democrats and 23 Republicans).
Also during the January 14, 2009, organizational meeting,
the Committee adopted the Rules of the Committee for the 111th
Congress. The subcommittee jurisdictions, ratios, and
memberships were also approved. Subcommittee changes in the
111th Congress included establishing five subcommittees rather
than six subcommittees in the previous Congress. Two
subcommittee names were changed and the Committee further
approved realigning certain environmental and toxic substance
jurisdictions between the Subcommittees on Energy and
Environment and Commerce, Trade, and Consumer Protection.
Several changes in the membership of the Committee and its
subcommittees occurred during the second session of the 111th
Congress. Hon. Greg Walden (R-OR), who had served as ranking
minority member of the Subcommittee on Oversight and
Investigations in the 111th Congress, resigned from the
Committee on Energy and Commerce on February 22, 2010, creating
vacancies on several subcommittees and the position of ranking
minority member of the Subcommittee on Oversight and
Investigations. On February 23, 2010, the House approved H.
Res. 1095, electing Hon. Parker Griffith (R-AL) to the
Committee on Energy and Commerce, to rank after Mr. Scalise of
Louisiana. At a business meeting of the Committee on February
23, 2010, a resolution was approved that made changes in the
minority ranking members and subcommittee memberships: Hon.
Michael C. Burgess (R-TX) was approved by the Committee to
replace Mr. Walden as ranking minority member of the
Subcommittee on Oversight and Investigations, and Hon. Ed
Whitfield (R-KY) was approved to serve as ranking minority
member of the Subcommittee on Commerce, Trade, and Consumer
Protection in lieu of Mr. Radanovich, who until then had served
in that position in the 111th Congress. Mr. Griffith was
approved to serve on three subcommittees: Energy and
Environment, Oversight and Investigations, and Communications,
Technology, and the Internet.
On March 21, 2010, Hon. Nathan Deal (R-GA) resigned from
the House of Representatives, creating a vacancy on the
Committee on Energy and Commerce, including the ranking
minority member position on the Subcommittee on Health. On
March 25, 2010, pursuant to H. Res. 1223, Hon. Robert E. Latta
(R-OH) was elected to the Committee on Energy and Commerce, to
rank after Mr. Griffith of Alabama, filling the vacancy created
by Mr. Deal's resignation. At a business meeting held on April
15, 2010, a resolution offered by Mr. Barton was approved by
the Committee that made further changes in the minority's
ranking members and subcommittee membership: Hon. John Shimkus
(R-IL) was approved to replace Mr. Deal as ranking member of
the Subcommittee on Health; Hon. John Sullivan (R-OK) became a
member of the Subcommittee on Health, to rank after Mrs.
Myrick, which filled the vacancy created by Mr. Deal's
resignation; Mr. Sullivan was removed from the Subcommittee on
Commerce, Trade, and Consumer Protection membership, replaced
by Mr. Latta, who would rank after Mr. Scalise of Louisiana.
The resolution also filled two other vacancies created by the
resignation of Mr. Deal by placing Mr. Latta on the
Subcommittee on Oversight and Investigations and the
Subcommittee on Communications, Technology, and the Internet,
ranking on both subcommittees after Mr. Griffith of Alabama.
COMMITTEE STAFF--MAJORITY AND MINORITY
Committee Majority
Philip S. Barnett, Staff Director
Karen Nelson, Deputy Committee
Staff Director for Health
Kristin Amerling, Chief Counsel
Karen Lightfoot, Communications
Director
Bruce Wolpe, Senior Advisor
Pat Delgado, Policy Director,
Communications, Technology, and
the Internet
Michelle Ash, Chief Counsel,
Commerce, Trade, and Consumer
Protection
Greg Dotson, Chief Counsel, Energy
and Environment
Meredith Fuchs, Chief
Investigative Counsel
Ruth Katz, Chief Public Health
Counsel
David Leviss, Chief Oversight
Counsel
Andy Schneider, Chief Health
Counsel
Roger Sherman, Chief Counsel,
Communications, Technology, and
the Internet
Earley T. Green, Chief Clerk
Sharon E. Davis, Chief Legislative
Clerk
Sheila Klein, Office Manager/
Executive Assistant to the Staff
Director
Brian Cohen, Senior Investigator
and Policy Advisor
Tim Powderly, Senior Counsel,
Communications, Technology and the
Internet
Lorie Schmidt, Senior Counsel,
Energy and Environment
Tracy Sheppard, Senior
Environmental Counsel
Alexandra Teitz, Senior Counsel,
Energy and Environment
Robin Appleberry, Counsel
Jeff Baran, Counsel
Joel Beauvais, Counsel
Stacia Cardille, Counsel
Robert L. Clark, Counsel
Shawn Chang, Counsel
Sarah Despres, Counsel
Jack Ebler, Counsel
Molly Gaston, Counsel
Althea Gregory, Counsel
Purvee Kempf, Counsel
Angelle Kwemo, Counsel
Felipe Mendoza, Counsel
Timothy Robinson, Counsel
Naomi Seiler, Counsel
Rachel Sher, Counsel
Anna Tindall, Counsel
Timothy Westmoreland, Counsel
Tiffany Benjamin, Investigative
Counsel
Amy Levine, Subcommittee Counsel,
Communications, Technology, and
the Internet
Alex Barron, Professional Staff
Member
Katie Campbell, Professional Staff
Member
Alison Cassady, Professional Staff
Member
Stephen Cha, Professional Staff
Member
Melissa Cheatham, Professional
Staff Member
Michal Freedhoff, Professional
Staff Member
Emily Gibbons, Professional Staff
Member
Tim Gronniger, Professional Staff
Member
Tiffany Guarascio, Professional
Staff Member
Virgil Miller, Professional Staff
Member
Laura Vaught, Professional Staff
Member
Tiffany Guarascio, Professional
Staff Member
Scott Schloegel, Investigator,
Oversight and Investigations
Andy Bindman, Robert Wood Johnson
Fellow
Jennifer Owens, Investigator
Peter Ketcham-Colwill, Policy
Analyst
Jennifer Berenholz, Deputy Clerk
Elizabeth B. Ertel, Financial
Administrator
Mark Noble, Director of New Media
Lindsay Vidal, Deputy Press
Secretary
JR Deng, Chief Information Officer
Jeffrey Wease, Deputy Information
Officer
Sean Corcoran, Assistant Clerk
Alvin Banks, Special Assistant,
Health
Allison Corr, Special Assistant,
Health
Sarah Fisher, Special Assistant,
Communications, Technology, and
the Internet
Caitlin Haberman, Special
Assistant, Energy and Environment
Elizabeth Letter, Special
Assistant, Press
Billie McGrane, Special Assistant,
Full Committee
Alison Neubauer, Special
Assistant, Oversight and
Investigations
Mitch Smiley, Special Assistant,
Full Committee
Will Wallace, Special Assistant,
Commerce, Trade, and Consumer
Protection
Ronald Allen, Staff Assistant
Byron Gwinn, Staff Assistant
Gabe Stutman, Staff Assistant
Detailees from U.S. Agencies
Christopher Wells, GPO
Michael Ostheimer, FTC
Jeffrey Cohen, FCC
Rebecca Brown, EPA
Eric Flamm, HHS/FDA
Greg Guice, FCC
Art Horowitz, EPA
Derrick Franklin, HHS
Minority Committee Staff
David L. Cavicke, Chief of Staff
Amanda Mertens Campbell, General
Counsel
Heather Couri, Deputy Chief of
Staff
Lawrence A. Neal, Deputy Chief of
Staff for Communications
R. Clayton Alspach, Counsel
James ``Ike'' Brannon, Chief
Economist
William Carty, Professional Staff
Member
Karen E. Christian, Counsel
Stacy Cline, Counsel
Samuel Costello, Legislative
Analyst
Gerald Couri, Sr. Professional
Staff Member
R. Nathan Crow, Professional Staff
Member
Aaron Cutler, Counsel
Neil R. Fried, Senior Counsel
Garrett J. Golding, Legislative
Analyst
Sean Hayes, Counsel
James Hopper, Staff Assistant
Peter E. Kielty, Legislative
Analyst
Ryan Long, Chief Counsel
Elizabeth Lowell, Research Analyst
Brian McCullough, Sr. Professional
Staff Member
Lisa Miller, Communications
Director
Mary Neumayr, Counsel
Krista Rosenthall, Counsel
Alan M. Slobodin, Chief Counsel
Samuel Spector, Counsel
Peter Spencer, Professional Staff
Member
Andrea Spring, Professional Staff
Member
Linda Walker, Administrative &
Human Resources Coordinator
Shannon Weinberg, Counsel
Kathryn Wheelbarger, Deputy Chief
of Staff
Jean Woodrow, Director of
Information Technology
LEGISLATIVE AND OVERSIGHT ACTIVITY OF THE COMMITTEE ON ENERGY AND
COMMERCE
Summary
During the 111th Congress, the Committee on Energy and
Commerce had an extraordinarily active legislative and
oversight record. Of the 1,478 bills referred to the Committee,
32 measures became public law and 6 were pending action by the
President when this report was filed. The full Committee and
its subcommittees held a combined total of 169 days of hearings
and 27 days of markups.
Overview of Committee Legislative Activities
Major legislative accomplishments of the Committee included
enactment of the following measures:
The Patient Protection and Affordable Care Act,
comprehensive health reform legislation that guarantees
universal access to health insurance while curbing insurance
company abuses, controlling costs, expanding the Medicare
prescription drug benefit, and reducing the deficit;
The Children's Health Insurance Program
Reauthorization Act, which funds health coverage for millions
of low-income children and their parents;
The Family Smoking Prevention and Tobacco Control
Act, which grants the Food and Drug Administration (FDA)
authority to regulate the advertising, marketing, and
manufacturing of tobacco products;
The Consumer Assistance to Recycle and Save Act
(known as the ``Cash for Clunkers Act''), which offers
consumers incentives to trade in old, gas-guzzling vehicles;
Provisions in the American Recovery and
Reinvestment Act that provide funds to develop renewable energy
sources, increase funding for Medicaid to address the effects
of the recession, improve healthcare technology, and expand
broadband Internet access for businesses and households in
underserved communities;
The Ryan White HIV/AIDS Treatment Extension Act,
which authorizes funding for medical and support services for
people living with HIV/AIDS;
The Medicare and Medicaid Extenders Act, which
averts a 25% cut in physician fees in Medicare by maintaining
current levels for all of 2011;
The 21st Century Communications and Video
Accessibility Act, which makes the Internet and smart phones
more accessible to individuals with disabilities;
The Formaldehyde Standards for Composite Wood
Products Act, which establishes national standards to reduce
formaldehyde emissions from trailers, furniture, and other wood
products;
The Commercial Advertisement Loudness Mitigation
Act (known as the ``CALM Act''), which addresses the increase
in volume consumers experience when television programming goes
to a commercial;
The Truth in Fur Labeling Act, which eliminates
consumer and retailer confusion about whether clothes they are
purchasing contain fur by requiring labeling of all articles of
apparel containing fur;
The DTV Delay Act, which extended the deadlines
related to the transition from analog to digital television
broadcasting for approximately four months to avoid consumer
disruption and confusion;
The Satellite Television Extension and Localism
Act of 2010, which reauthorizes and amends certain provisions
of the Communications Act of 1934 that govern satellite
retransmission of television broadcast signals and accounts for
the completion of the digital television transition;
Six public health-related measures, including new
initiatives on the safe disposal of prescription drugs and
Alzheimer's disease, as well as reauthorizations of and
improvements in programs on stem cell transplantation,
gynecologic cancers, and early hearing detection for newborns;
The FDA Food Safety and Modernization Act, which
grants the FDA new authorities to protect the nation's food
supply;
The Local Community Radio Act of 2010, which would
expand the ability of the FCC to license low-power FM radio
stations and enhance local programming;
The James Zadroga 9/11 Health and Compensation
Act, which would provide funding for health care for the
responders to the 9/11 terrorist attacks.
The Committee also reported the American Clean Energy and
Security (ACES) Act, comprehensive legislation to create clean
energy jobs, reduce the nation's dependence on foreign oil, and
curb global warming. This bill was passed by the House and sent
to the Senate. Other important Committee bills that the House
approved and sent to the Senate included:
The Home Star Energy Retrofit Act, which would
encourage energy efficiency investments in homes across the
country;
The Grid Reliability and Infrastructure Defense
Act, which would protect the electric grid against cyber
threats;
The Chemical and Water Security Act, which would
strengthen security at chemical plants and drinking water
facilities;
The Data Accountability and Trust Act, which would
enhance protections for consumers victimized by data breaches;
The Radio Spectrum Inventory Act, which would
require that the National Telecommunications and Information
Administration (NTIA) and the Federal Communications Commission
(FCC) develop jointly a publicly-accessible spectrum inventory;
The Assistance, Quality, and Affordability Act
(AQUA) of 2010, which would have reauthorized the Safe Drinking
Water Act State Revolving Loan Fund; and
More than two dozen public health-related bills,
including new initiatives on children's vision care, heart
disease in women, diabetes, autism and concussion management
for school-aged children, as well as reauthorizations of and
improvements in current programs on arthritis, emergency
medical services for children, and National Institutes of
Health (NIH) pediatric research.
Additional detail on 111th Congress legislative activity is
provided in the description of Subcommittee activity that
follows the list of hearings held by the full Committee.
Overview of Committee Oversight Activities
On February 10, 2009, the Committee adopted an Oversight
Plan pursuant to clause 2(d) of rule X of the Rules of the
House of Representatives (included in appendix I) identifying a
range of programs and policies the Committee would review
concerning energy, the environment, public health and health
care, communications, and consumer protection and trade. Over
the course of the 111th Congress, the Committee conducted
oversight and investigations both on issues described in this
plan and on matters beyond those contemplated at the time the
plan was approved. These activities informed the development of
a number of important bills, and helped reduce waste, fraud,
abuse, and mismanagement in the public and private sector.
The Committee began the 111th Congress with a series of
hearings in the full Committee and the Subcommittee on Energy
and Environment regarding one of the important areas
highlighted in the Oversight Plan: climate change and the
nation's energy security. These hearings led to the development
of clean energy, energy efficiency, and climate change
provisions in the American Clean Energy and Security Act. This
comprehensive energy security legislation was approved by both
the Committee and the House of Representatives in 2009.
Another key area identified in the Oversight Plan was the
need to review the poor performance of our health care system,
including waste, fraud, and abuse in federal health programs,
and practices of the health insurance industry. Hearings held
by the Subcommittee on Health and Subcommittee on Oversight and
Investigations led to development of numerous provisions in the
Patient Protection and Affordable Care Act, comprehensive
health care reform legislation signed into law this year,
including curbs on wasteful spending in the Medicare and
Medicaid programs, provisions to ensure affordability of health
coverage, and prohibitions on insurance company discrimination
based on pre-existing conditions, health status, and gender.
In the area of consumer protection, the Oversight Plan
identified several issues, including the need to examine
consumer credit matters and activities of the National Highway
Traffic Safety Administration (NHTSA). Committee oversight
activities in these areas in the 111th Congress informed the
development of legislation to expedite rulemakings concerning
consumer credit or debt and a bill to require motor vehicle
safety standards relating to vehicle electronics and to provide
additional tools to promote NHTSA vehicle safety activities.
The Committee also conducted oversight on a range of
communications issues set forth in the Oversight Plan,
including review of the management, operations, and activities
of the Federal Communications Commission (FCC), National
Telecommunications and Information Administration public safety
communications, and Universal Service Reform. This oversight
informed the development of a number of bills, including
legislation to allow the funding for the interoperable
emergency communications grant program to remain available
until expended through 2012 as well as legislative proposals to
construct a nationwide interoperable broadband network for
public safety and to reform the universal service program.
The oversight activities of the Committee in the 111th
Congress complied with the provisions in clause 2 of House rule
XI requiring at least one oversight hearing on federal programs
or operations the Government Accountability Office (GAO) has
identified as being at ``high-risk'' and at least one oversight
hearing every 120 days on waste, fraud, abuse, or mismanagement
in government programs the Committee authorizes.
Committee hearings on waste, fraud, abuse, or mismanagement
in federal programs authorized by this Committee included:
Subcommittee on Oversight and Investigations,
Hearing on the Salmonella Outbreak: The Continued Failure to
Protect the Food Supply (Feb. 11, 2009) (examining a deadly
food safety outbreak at a peanut butter manufacturing plant and
flaws GAO identified in its ``high-risk'' series regarding Food
and Drug Administration management of oversight over the
nation's food supply);
Subcommittee on Commerce, Trade, and Consumer
Protection, Hearing on Revisiting the Toxic Substances Control
Act of 1976 (Feb. 26, 2009) (examining deficiencies in the
Environmental Protection Agency's (EPA) process for assessing
and controlling toxic chemicals that GAO identified in its
high-risk series);
Subcommittee on Oversight and Investigations,
Hearing on Institutional Review Boards that Oversee
Experimental Human Testing for Profit (Mar. 26, 2009)
(examining inadequacies in FDA's management of the process for
certifying institutional review boards and assessing the
sufficiency of their oversight of human testing protocols);
Subcommittee on Oversight and Investigations,
Hearing on Commercial Sales of Military Technologies (June 4,
2009) (examining the government's mismanagement of export
controls on sensitive technology with military applications,
including concerns GAO identified in its high-risk series
regarding the failure of the Department of State and the
Department of Commerce to coordinate export control activities
over sensitive technology);
Subcommittee on Health, Hearing on Medical
Devices: Are Current Regulations Doing Enough for Patients?
(June 18, 2009) (examining whether FDA has made sufficient
efforts to bring medical devices under modern regulatory
authorities, a core problem identified by GAO);
Subcommittee on Oversight and Investigations,
Hearing on Federal Oversight of High Containment Bio-
Laboratories (Sept. 22, 2009) (examining the following concerns
GAO identified regarding federal government mismanagement of
high containment bio-laboratories: (1) allowing continuing
expansion of these labs since 2001 without a clear, coordinated
national strategy; (2) the absence of a legislative or
executive mandate to a single federal agency to track the
expansion of these labs; and (3) the failure of the federal
government to develop more stringent safety and security
protocols to reduce accidents in these labs that result from
human error and systems failure);
Subcommittee on Commerce, Trade, and Consumer
Protection, Hearing on Public Sales of Hurricane Katrina/Rita
FEMA Trailers: Are They Safe or Environmental Time Bombs? (Apr.
28, 2010) (examining EPA's assessment of formaldehyde, which
GAO has criticized for not having been completed);
Subcommittee on Oversight and Investigations,
Hearing on The Role and Performance of FDA in Ensuring Food
Safety (May 6, 2010) (examining reports by GAO and the HHS
Office of Inspector General concerning FDA's management of
international food imports and inspections of domestic food
facilities); and
Subcommittee on Health, Hearing on Cutting Waste,
Fraud, and Abuse in Medicare and Medicaid (Sept. 22, 2010)
(examining Department of Health and Human Services efforts to
reduce waste, fraud, and abuse in the Medicare and Medicaid
programs identified in Office of Inspector General reports).
Additional detail on the Committee's 111th Congress
oversight activity on items in the Oversight Plan and other
issues is provided in the description of Subcommittee activity
contained in this report.
Hearings Held
The U.S. Climate Action Partnership.--Legislative hearing
providing the perspective of U.S. Climate Action Partnership
members, a coalition of businesses and nongovernmental
organizations seeking legislation to address the climate change
threat. Hearing held on January 15, 2009. PRINTED, Serial
Number 111-1.
The American Clean Energy and Security Act of 2009, Days 1
and 2.--Legislative hearing on the discussion draft of the
``American Clean Energy and Security Act of 2009''. This
hearing examined the views of the Administration and a broad
range of stakeholders on the discussion draft. Day 2 was held
jointly with the Subcommittee on Energy and Environment.
Hearing held on April 21 and 22, 2009. PRINTED, Serial Number
111-29.
Comprehensive Health Reform Discussion Draft, Day 2, Part
1.--Legislative hearing on the health care reform discussion
draft. Testimony was heard from Secretary of Health and Human
Services Kathleen Sebelius. Hearing held on June 24, 2009.
PRINTED, Serial Number 111-54.
Preparing for the 2009 Pandemic Flu.--Oversight hearing on
what was known about H1N1 influenza strain and what steps the
government has taken and plans to take in response to the surge
in cases. Hearing held on September 15, 2009. PRINTED, Serial
Number 111-64.
A Review of the Department of Health and Human Services
Fiscal Year 2011 Budget.--Oversight hearing on the U.S.
Department of Health and Human Services budget proposal for
fiscal year 2011. Testimony was heard from HHS Secretary
Kathleen Sebelius. Hearing held on February 4, 2010. PRINTED,
Serial Number 111-95.
Effects of Developments in Synthetic Genomics.--Oversight
hearing examining recently reported advances in synthetic
biology and their potential impact. Hearing held on May 27,
2010. PRINTED, Serial Number 111-127.
Subcommittee on Commerce, Trade, and Consumer Protection
Legislative Activities
FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS ACT
Public Law 111-199 (H.R. 4805, S. 1660)
To amend the Toxic Substances Control Act to reduce the
emissions of formaldehyde from composite wood products.
Summary
H.R. 4805 establishes national technology-based limits
(i.e., limits based on the technological feasibility of the
standards) on formaldehyde emissions from most composite wood
products. It does so by requiring the Environmental Protection
Agency (EPA) to issue regulations, not later than January 1,
2013, to apply formaldehyde emissions standards that are
equivalent to the California standards for hardwood plywood,
medium-density fiberboard, and particleboard that is sold,
supplied, offered for sale, or manufactured anywhere in the
United States. EPA's regulations must ensure compliance with
the federal standard and must include provisions relating to
labeling, chain of custody requirements, provisions for sale of
products or finished goods that were manufactured before the
compliance deadline but are allowed to continue to be sold
within a specified time period after the deadline (or product
``sell-through''), third-party testing and certification, and
other matters of implementation.
H.R. 4805 also requires that the Department of Housing and
Urban Development (HUD) update its regulations to reflect the
standards established by EPA. Under the bill, the new limits
will go into effect 180 days after EPA issues its regulations.
Finally, EPA will be free to make further limitations at any
time subsequent to the initial rulemaking.
Legislative History
On March 10, 2010, H.R. 4805 was introduced by Rep. Matsui
of California. It was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Financial
Services. On March 11, 2010, H.R. 4805 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
Similar legislation in the Senate was introduced by Sen.
Klobuchar of Minnesota as S. 1660 on September 10, 2009.
On March 18, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on two bills,
including H.R. 4805. Testimony was received from the EPA Office
of Prevention, Pesticides, and Toxic Substances; the Composite
Panel Association; the American Home Furnishings Alliance; the
Sierra Club; and a health scientist specializing in chemical
safety.
On April 28, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing titled ``Public Sales of
Hurricane Katrina/Rita FEMA Trailers: Are they Safe or
Environmental Time Bombs?'' The Subcommittee received testimony
from the Federal Emergency Management Agency, EPA, General
Services Administration, a producer of a documentary film on
the subject, the chief medical officer of Louisiana's Recovery
School District, and the National Association of State Agencies
for Surplus Property.
On May 26, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection was discharged from further consideration
of H.R. 4805, and the full Committee met in open markup session
to consider the measure. H.R. 4805 was ordered favorably
reported to the House, amended, by a voice vote.
The Senate companion bill, S. 1660, introduced by Sen.
Klobuchar of Minnesota on August 10, 2009, was reported by the
Senate Committee on Environment and Public Works on April 19,
2010, and passed the Senate with an amendment by unanimous
consent on June 14, 2010.
On June 15, 2010, S. 1660 was received in the House and
held at the desk.
On June 22, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 4805 (H. Rept. 111-509).
On June 22, 2010, the Committee on Financial Services was
discharged from further consideration of H.R. 4805.
On June 23, 2010, the House took up S. 1660, the Senate
companion bill to H.R. 4805, as amended, and passed the bill
under suspension of the rules by a voice vote, clearing the
measure for the White House.
On July 7, 2010, S. 1660 was signed into law by the
President and became Public Law 111-199.
CONSUMER FINANCIAL PROTECTION AGENCY ACT OF 2009 DODD-FRANK RESTORING
AMERICAN FINANCIAL STABILITY ACT OF 2010
Public Law 111-203 (H.R. 3126, H.R. 4173, S. 3217)
To establish the Consumer Financial Protection Agency.
(H.R. 3126)
To promote the financial stability of the United States by
improving accountability and transparency in the financial
system, to end ``too big to fail,'' to protect the American
taxpayer by ending bailouts, to protect consumers from abusive
financial services practices, and for other purposes. (H.R.
4173 as enacted)
Summary
H.R. 3126 improves consumer protection in the financial
arena by creating one commission whose sole mission is consumer
financial protection. H.R. 3126 pulls the consumer protection
functions from each of the banking agencies, and some consumer
financial protection functions from the Federal Trade
Commission (FTC), and gives those functions to the new
commission. The legislation calls for the Consumer Financial
Protection Agency (CFPA) to ensure that: (1) consumers have,
understand, and can use the information they need to make
responsible decisions about consumer financial products or
services; (2) consumers are protected from abuse, unfairness,
deception, and discrimination; (3) markets for consumer
financial products or services operate fairly and efficiently
with ample room for sustainable growth and innovation; and (4)
traditionally underserved consumers and communities have access
to financial services.
H.R. 3126 consolidates in this new commission all consumer
protection functions related to financial products, including
rulemaking, supervision and examination, and enforcement. CFPA
would have its own authority to issue rules prohibiting unfair,
deceptive, and abusive acts, and would become the sole
rulemaking authority for consumer financial protection
statutes, including the Truth in Lending Act, the Equal Credit
Opportunity Act, and the Fair Debt Collection Practices Act. In
addition, H.R. 3126 provides the FTC with additional
authorities to conduct rulemaking and enforce against unfair or
deceptive acts or practices.
Legislative History
On July 8, 2009, H.R. 3126 was introduced by Rep. Frank of
Massachusetts, Chairman of the Committee on Financial Services.
The bill was referred to the Committee on Financial Services,
and in addition to the Committee on Energy and Commerce. That
same day, H.R. 3126 was referred to the Subcommittee on
Commerce, Trade, and Consumer Protection.
On July 8, 2009, the Subcommittee held a legislative
hearing titled ``The Proposed Consumer Financial Protection
Agency: Implications for Consumers and the FTC.'' This hearing
examined the proposal by the Obama Administration for the
creation of a new consumer protection agency, a proposal that
had been introduced that day as H.R. 3126. Testimony was
received from the Chairman of the FTC, the Department of the
Treasury, Consumers Union, a former general counsel of the FTC,
a former manager of a state consumer enforcement office, a
professor of law, and the CEO of the American Financial
Services Association.
On October 22, 2009, the Committee on Financial Services
considered H.R. 3126 and subsequently ordered reported the
bill, amended, by a rollcall vote of 39-29.
On October 29, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection was discharged from further
consideration of H.R. 3126, and the Committee on Energy and
Commerce met in open markup session to consider the bill as
ordered reported by the Committee on Financial Services. The
Committee considered amendments to the bill and subsequently
ordered H.R. 3126 favorably reported to the House, amended, by
a rollcall vote of 33-19.
On December 2, 2009, Rep. Frank of Massachusetts introduced
H.R. 4173, the ``Wall Street Reform and Consumer Protection Act
of 2009,'' a broader bill that includes the provisions of H.R.
3126 within title IV of the legislation.
On December 9, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 3126 (H. Rept. 111-367, Part 1).
On December 11, 2009, the House considered H.R. 4173 and
subsequently passed the bill, as amended, by a rollcall vote of
223-202.
On January 20, 2010, the Senate received H.R. 4173 with the
House amendment and referred H.R. 4173 to the Senate Committee
on Banking, Housing, and Urban Affairs.
On May 20, 2010, the Senate Committee on Banking, Housing,
and Urban Affairs was discharged from further consideration of
H.R. 4173, and the measure was laid before the Senate by
unanimous consent. During consideration, the Senate struck all
after the enacting clause and substituted the language of S.
3217, as amended. H.R. 4173 was then passed by the Senate,
amended, by a rollcall vote of 59-39. The Senate then insisted
upon the Senate amendments and requested a conference.
On May 25, 2010, the Senate appointed conferees: Senators
Dodd, Johnson, Reed, Schumer, Shelby, Crapo, Corker, Gregg,
Lincoln, Leahy, Harkin, and Chambliss.
On June 9, 2010, the House disagreed with the Senate
amendment and agreed to a conference. Subsequently, a motion to
instruct conferees failed by a rollcall vote of 198-217.
The Speaker appointed the following conferees from the
House: Reps. Waxman, Rush, and Barton as conferees from the
Committee on Energy and Commerce for consideration of sections
3009, 3102(a)(2), 4001, 4002, 4101-4114, 4201, 4202, 4204-4210,
4301-4311, 4314, 4401-4403, 4410, 4501-4509, 4601-4606, 4815,
4901, and that portion of section 8002(a)(3) which adds a new
section 313(d) to title 31, United States Code, of the House
bill, and that portion of section 502(a)(3) which adds a new
section 313(d) to title 31, United States Code, sections
722(e), 1001, 1002, 1011-1018, 1021-1024, 1027-1029, 1031-1034,
1036, 1037, 1041, 1042, 1048, 1051-1058, 1061-1067, 1101, and
1105 of the Senate amendment, and modifications committed to
conference.
Upon conclusion of the conference, a conference report on
H.R. 4173 was filed in the House (H. Rept. 111-517) and on June
30, 2010, the House agreed to the conference report by a
rollcall vote of 237-192.
On July 15, 2010, the Senate agreed to the conference
report by a rollcall vote of 60-39, clearing the measure for
the White House.
On July 21, 2010, H.R. 4173 was signed into law by the
President and became Public Law 111-203.
TRUTH IN FUR LABELING ACT OF 2010
Public Law 111-313 (H.R. 2480, S. 1076)
To improve the accuracy of fur product labeling.
Summary
H.R. 2480 amends the Fur Products Labeling Act by removing
the authority of the Federal Trade Commission to exempt apparel
from labeling if it is valued under a certain amount. As a
result, all articles of apparel containing fur will be required
to be labeled. The legislation also instructs the FTC to review
the Fur Products Name Guide.
Legislative History
On May 19, 2009, H.R. 2480 was introduced by Rep. Moran of
Virginia and referred to the Committee on Energy and Commerce.
Similar legislation had been introduced as H.R. 4904 in the
109th Congress, and as S. 3610 in the 110th Congress. S. 1076,
the Senate companion bill in the 111th Congress, was introduced
by Sen. Menendez of New Jersey. On May 20, 2009, H.R. 2480 was
referred to the Subcommittee on Commerce, Trade, and Consumer
Protection.
On May 13, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on two bills,
including H.R. 2480. Testimony was received from
representatives of the Bureau of Consumer Protection of the
Federal Trade Commission, the Humane manufacturers.
On June 30, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session to consider H.R.
2480 and subsequently favorably forwarded H.R. 2480 to the full
Committee, amended, by a voice vote.
On July 15, 2010, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2480, where it was
ordered favorably reported to the House, amended, by a voice
vote.
On July 27, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 2480 (H. Rept. 111-571).
On July 28, 2010, H.R. 2480 was considered in the House
under suspension of the rules and passed, as amended, by a
voice vote.
On July 29, 2010, the Senate received H.R. 2480. On August
5, 2010, H.R. 2480 was referred to the Senate Committee on
Commerce, Science, and Transportation.
On December 7, 2010, the Senate Committee on Commerce,
Science, and Transportation was discharged by unanimous
consent, and the bill was passed by the Senate without
amendment by unanimous consent, clearing the measure for the
White House.
On December 18, 2010, H.R. 2480 was signed into law by the
President and became Public Law 111-313.
PEDESTRIAN SAFETY ENHANCEMENT ACT OF 2010
Awaiting White House Action (S. 841, H.R. 734)
To direct the Secretary of Transportation to study and
establish a motor vehicle safety standard that provides for a
means of alerting blind and other pedestrians of motor vehicle
operation.
Summary
The Pedestrian Safety Enhancement Act of 2010 directs the
Secretary of Transportation to establish a motor vehicle safety
standard that provides for a means of alerting blind and other
pedestrians of motor vehicle operation by quiet cars.
Legislative History
On January 28, 2009, H.R. 734 was introduced by Rep. Towns
of New York and Rep. Stearns of Florida. The bill was referred
to the Committee on Energy and Commerce. On February 2, 2010,
H.R. 734 was referred to the Subcommittee on Commerce, Trade,
and Consumer Protection. Similar legislation in the Senate was
introduced by Sen. Kerry of Massachusetts as S. 841 on April
21, 2009, and was referred to the Senate Committee on Commerce,
Science, and Transportation.
The Senate Committee was discharged of S. 841 by unanimous
consent on December 9, 2010, and that same day the Senate
considered S. 841 and passed the bill with an amendment by
unanimous consent.
On December 10, 2010, the House received S. 841 with an
amendment.
On December 13, 2010, S. 841 was referred to the Committee
on Energy and Commerce, and also to the Committee on
Transportation and Infrastructure.
On December 15, 2010, the House considered a motion to pass
S. 841, as amended by the Senate, under suspension of the
rules. Following debate, the vote was postponed until December
16, 2010, when the House passed S. 841, as amended, by a
rollcall vote of 379-30, clearing the measure for the White
House.
On December 28, 2010, S. 841 was presented to the
President.
S. 841, as approved by the House and the Senate, was
awaiting action by the President when this report was filed.
RESTORE ONLINE SHOPPERS' CONFIDENCE ACT
Public Law 111-___ (S. 3386, H.R. 5707)
To protect consumers from certain aggressive sales tactics
on the Internet.
Summary
The ``Restore Online Shoppers' Confidence Act'' addresses
several tactics used in online commerce, including post-
transaction marketing and ``data pass.'' Post-transaction
marketing is when a consumer purchasing from a trusted vendor
is presented an offer from an unrelated seller, and the third-
party seller does not make clear it is a distinct entity and
that agreeing to the offer constitutes a second transaction
with different terms. The Act makes it unlawful for such post-
transaction third party sellers to charge a consumer without
disclosing the entity's lack of affiliation with the initial
seller, providing a description of goods or services being
purchased, and receiving the consumer's express informed
consent.
Data pass is where the first seller shares a consumer's
credit card number with the third-party seller without the
consumer's knowledge or consent. The Act makes it unlawful for
the initial seller to disclose the consumer's billing
information to the post-transaction third party seller.
Legislative History
On July 1, 2010, H.R. 5707 was introduced by Rep. Space of
Ohio. The bill was referred to the Committee on Energy and
Commerce. On July 13, 2010, H.R. 5707 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
Similar legislation in the Senate was introduced by Sen.
Rockefeller of West Virginia as S. 3386 on May 19, 2010.
On June 9, 2010, S. 3386 was referred to the Senate
Committee on Commerce, Science, and Transportation. The
Committee considered S. 3386 on August 2, 2010, and ordered the
bill reported with an amendment.
On November 30, 2010, the Senate took up S. 3386 as amended
under unanimous consent and agreed to further amendments. On
that day, the Senate passed S. 3386 with an amendment by
unanimous consent.
On December 1, 2010, the House received S. 3386, as
amended, and referred the bill to the Committee on Energy and
Commerce.
On December 15, 2010, the House considered a motion to pass
S. 3386, as amended by the Senate, under suspension of the
rules, and the House passed S. 3386, as amended, by a voice
vote, clearing the measure for the White House.
On December 29, 2010, S. 3386 was signed into law by the
President and became Public Law 111-___.
(The Public Law number had not been assigned when this
report was filed.)
COLLEGE FOOTBALL PLAYOFF ACT OF 2009
(H.R. 390)
To prohibit, as an unfair and deceptive act or practice,
the promotion, marketing, and advertising of any post-season
NCAA Division I football game as a national championship game
unless such game is the culmination of a fair and equitable
playoff system.
Summary
H.R. 390 makes it unlawful for any person to promote,
market, or advertise a post-season National Collegiate Athletic
Association (NCAA) Division I Football Bowl Subdivision (FBS)
football game as a championship or national championship game,
unless the game is the final game of a single elimination post-
season playoff system for which all NCAA Division I FBS
conferences and unaffiliated Division I FBS teams are eligible.
A similar prohibition applies to all merchandise connected to
such a national championship game. H.R. 390 deems such action
an unfair or deceptive act or practice as prohibited under
section 18 of the Federal Trade Commission Act. The FTC is also
granted the authority to promulgate rules or guidelines to
implement the requirements of H.R. 390. These requirements
would take effect on January 31, 2011, effectively requiring
that a new playoff system be in place to crown a champion for
the 2011-2012 college football season.
Legislative History
On January 9, 2009, H.R. 390 was introduced by Rep. Barton
of Texas and referred to the Committee on Energy and Commerce.
The bill as introduced was substantially similar to a previous
bill, H.R. 7330, which had been introduced by Mr. Barton in the
110th Congress. On January 15, 2009, H.R. 390 was referred to
the Subcommittee on Commerce, Trade, and Consumer Protection.
On May 1, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing pertaining to H.R. 390
titled ``The Bowl Championship Series: Money and Other Issues
of Fairness for Publicly Financed Universities.'' Testimony was
received from the commissioner of a major college football
conference (who at the time served as coordinator of the Bowl
Championship Series); the commissioner of a major, but not BCS-
affiliated conference; the President and CEO of a major bowl
game; and the athletic director of Boise State University,
which in recent years has had a very successful football team
but no access to the BCS or its championship game.
On December 9, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection met in open markup session and
forwarded H.R. 390, amended, to the full Committee, by a voice
vote.
No further action was taken on H.R. 390 in the 111th
Congress.
INFORMED P2P USER ACT
(H.R. 1319, S. 3027)
To prevent the inadvertent disclosure of information on a
computer through certain ``peer-to-peer'' file sharing programs
without first providing notice and obtaining consent from an
owner or authorized user of the computer.
Summary
H.R. 1319 reduces inadvertent disclosures of sensitive
information by making users of certain file-sharing programs
more aware of how such programs work, how files are shared, and
the potential risks involved with the use of such programs. The
bill prohibits developers of covered file-sharing programs from
installing, or making available for installation or
downloading, a covered-file sharing program without first
providing consumers with notice that the program allows files
on the consumer's computer to be searched and copied. The
developer must then obtain the informed consent of the
consumer.
Under H.R. 1319, any covered file-sharing program must
provide notice and obtain consent twice: when the program is
first installed or downloaded and again immediately before the
file-sharing function is activated for the first time. The bill
also makes it unlawful to prevent the reasonable efforts of a
consumer to block the installation of a file-sharing program.
Finally, the program must provide a reasonable means to disable
or remove the program.
Legislative History
On March 5, 2009, H.R. 1319 was introduced by Rep. Bono
Mack. Similar legislation, H.R. 7176, had been introduced by
Rep. Bono Mack in the 110th Congress. On March 6, 2009, H.R.
1319 was referred to the Subcommittee on Commerce, Trade, and
Consumer Protection. Similar legislation in the Senate was
introduced by Sen. Klobuchar of Minnesota as S. 3027 on
February 23, 2009.
On May 5, 2009, the Subcommittee held a legislative hearing
on two bills, including H.R. 1319. Testimony was received from
witnesses representing the Bureau of Consumer Protection of the
FTC, three non-profit technology groups, three industry
associations, and one company that provides peer-to-peer
security services.
On September 30, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection was discharged from further
consideration of H.R. 1319, and the Committee on Energy and
Commerce met in open markup session to consider the measure.
H.R. 1319 was ordered favorably reported to the House, amended,
by a voice vote.
On December 8, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 1319 (H. Rept. 111-361). That
same day, H.R. 1319 was considered in the House under
suspension of the rules and passed, as amended, by a voice
vote.
On December 9, 2009, the Senate received H.R. 1319, read
the bill twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 1319 in the 111th
Congress.
PROTECTING CONSUMER ACCESS TO GENERIC DRUGS ACT OF 2009
(H.R. 1706, S. 369)
To prohibit brand name drug companies from compensating
generic drug companies to delay the entry of a generic drug
into the market.
Summary
H.R. 1706 makes unlawful certain drug patent legal
agreements in which a generic drug company receives payment or
value from a brand-name drug company in exchange for an
agreement not to research, develop, manufacture, market, or
sell the generic drug. Violations would be treated as unfair
and deceptive acts or practices and as unfair methods of
competition under Section 5 of the Federal Trade Commission
Act. The bill would create exceptions allowing such agreements
if the generic company receives only: (1) the right to market
the generic drug before the expiration of the patent or other
exclusivity period; (2) the waiver by the brand-name company of
any statutory extensions of exclusivity; and (3) a covenant not
to sue on the given generic product. H.R. 1706 also authorizes
the FTC to exempt agreements otherwise prohibited if they
further the interests of consumers and competition. Violations
of the Act would be treated as cause for forfeiture of the 180-
day exclusivity period the generic company is entitled to under
the Federal Food, Drug, and Cosmetic Act.
Legislative History
On March 25, 2009, H.R. 1706 was introduced by Rep. Rush
and referred to the Committee on Energy and Commerce, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned. As introduced, H.R.
1706 was substantially similar to H.R. 1902, a bill that Rep.
Rush introduced in the 110th Congress. On March 26, 2009, H.R.
1706 was referred to the Subcommittee on Commerce, Trade, and
Consumer Protection. Similar legislation in the Senate was
introduced by Sen. Kohl of Wisconsin as S. 369 on February 3,
2009.
On March 31, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on H.R. 1706.
Testimony was received from a commissioner of the FTC, a
professor of law with expertise on the antitrust issues raised
by ``pay-for-delay'' agreements, a representative of AARP, a
representative of the major trade association for brand-name
drug manufacturers, and two executives representing different
generic-drug manufacturers.
On June 3, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 1706, amended, to the full Committee, by a rollcall vote
of 16-14.
On July 31, 2009, the Committee on Energy and Commerce met
in open markup session to consider H.R. 3200, America's
Affordable Health Choices Act of 2009. During consideration of
H.R. 3200, Rep. Rush offered an amendment to the legislation
with contents substantially similar to the provisions of H.R.
1706. The amendment was considered and adopted by a voice vote.
The Committee subsequently ordered H.R. 3200 reported favorably
to the House, amended, by a rollcall vote of 31-28.
On October 14, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 3200 to the House, amended (H.
Rept. 111-299).
No further action was taken on H.R. 1706 or the relevant
part of H.R. 3200 in the 111th Congress.
CARBON MONOXIDE POISONING PREVENTION ACT
(H.R. 1796, S. 1216)
To amend the Consumer Product Safety Act to require
residential carbon monoxide detectors to meet the applicable
American National Standards Institute/Underwriters Laboratory
(ANSI/UL) standard by treating that standard as a consumer
product safety rule and to encourage states to require the
installation of such detectors in homes.
Summary
H.R. 1796 requires the Consumer Product Safety Commission
(CPSC) to publish the existing voluntary industry standard for
carbon monoxide alarms as a mandatory consumer product safety
standard. The bill would make it unlawful for manufacturers or
distributors to import or distribute any new residential carbon
monoxide alarm that does not comply with the standard. The bill
also requires the CPSC to adopt certain minimum requirements
for the content of portable generator labels and instruction
manuals to warn consumers about the carbon monoxide hazard
posed by the incorrect use of such generators. In addition, the
bill establishes a grant program to assist states in carrying
out carbon monoxide poisoning prevention programs.
Legislative History
On March 30, 2009, H.R. 1796 was introduced by Rep.
Matheson and referred to the Committee on Energy and Commerce.
Similar legislation, S. 3660, had been introduced in the 110th
Congress by Sen. Klobuchar of Minnesota, who also introduced
this same legislation as S. 1216 in the 111th Congress. On
March 31, 2009, H.R. 1796 was referred to the Subcommittee on
Commerce, Trade, and Consumer Protection.
On March 18, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on two bills,
including H.R. 1796. Testimony was received from the Office of
Hazard Identification and Reduction at the CPSC, a physician
specializing in poison control, and two manufacturers of in-
home toxic alert devices.
On June 30, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 1796, amended, to the full Committee, by a voice vote.
On July 15, 2010, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1796, which it
subsequently ordered reported favorably to the House, amended,
by a voice vote.
On July 27, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 1796 (H. Rept. 111-573).
On July 28, 2010, H.R. 1796 was considered in the House
under suspension of the rules and passed, as amended, by a
voice vote.
On July 29, 2010, H.R. 1796 was received in the Senate. On
August 5, 2010 H.R. 1796 was read twice, and referred to the
Committee on Commerce, Science, and Transportation.
No further action was taken on H.R. 1796 in the 111th
Congress.
MERCURY POLLUTION REDUCTION ACT
(H.R. 2190, H.R. 2065, S. 1428)
To amend the Toxic Substances Control Act to phase out the
use of mercury in the manufacture of chlorine and caustic soda.
Summary
H.R. 2190 is intended to eliminate a significant source of
mercury pollution by prohibiting the use of mercury during the
manufacture of chlorine or caustic soda in the United States.
In addition, the bill prohibits the export of mercury and
mercury compounds by chlor-alkali facilities, effective
immediately upon enactment.
Legislative History
On April 30, 2009, H.R. 2190 was introduced by Rep.
Schakowsky and referred to the Committee on Energy and
Commerce. On May 4, 2009, H.R. 2190 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
Similar legislation in the Senate was introduced by Sen.
Whitehouse of Rhode Island as S. 1428 on July 9, 2009.
On May 12, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on two bills,
including H.R. 2190. Testimony was received from a professor of
law representing the Center for Progressive Reform; a professor
of public health and former Assistant Administrator for
Prevention, Pesticides, and Toxic Substances at EPA; and an
executive at a company in the chlor-alkali industry.
On June 3, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 2190, amended, to the full Committee, by a rollcall vote
of 16-10.
On October 21, 2009, the Committee on Energy and Commerce
met in open markup session to consider H.R. 2190, which it
subsequently ordered reported favorably to the House, amended,
by a rollcall vote of 29-14.
On December 16, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 2190 (H. Rept. 111-381).
No further action was taken on H.R. 2190 in the 111th
Congress.
DATA ACCOUNTABILITY AND TRUTH ACT
(H.R. 2221, S. 3742)
To protect consumers by requiring reasonable security
policies and procedures to protect data containing personal
information, and to provide for nationwide notice in the event
of a security breach.
Summary
H.R. 2221 both reduces the number of data breaches and
provides new rights to individuals whose personal information
is compromised when a breach occurs. The bill has two major
requirements: (1) an entity holding data containing personal
information must adopt reasonable and appropriate security
measures to protect such data; and (2) that same entity must
notify affected consumers in the event of a breach unless the
entity determines there is ``no reasonable risk of identity
theft, fraud, or other unlawful conduct.''
In addition, the bill requires information brokers to
implement reasonable procedures that will ensure data accuracy
and provide consumers with access to information and the
ability to dispute inaccurate information in certain
circumstances.
Legislative History
On April 30, 2009, H.R. 2221 was introduced in the House by
Rep. Rush of Illinois and referred to the Committee on Energy
and Commerce. Similar legislation, H.R. 958, had been
introduced by Rep. Rush in the 110th Congress. On May 4, 2009,
H.R. 2221 was referred to the Subcommittee on Commerce, Trade,
and Consumer Protection. Similar legislation in the Senate, S.
3742, was introduced by Sen. Pryor of Arkansas on August 5,
2010.
On May 5, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing on two bills, including H.R.
2221. Testimony was received from witnesses representing the
Bureau of Consumer Protection of the Federal Trade Commission,
non-profit technology groups, and three industry associations.
On June 3, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 2221, amended, to the full Committee, by a voice vote.
On September 30, 2009, the Committee on Energy and Commerce
met in open markup session to consider H.R. 2221, which was
subsequently ordered favorably reported to the House, amended,
by a voice vote.
On December 8, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 2221 (H. Rept. 111-362). That
same day, H.R. 2221 was considered in the House under
suspension of the rules and passed, as amended, by a voice
vote.
On December 9, 2009, the Senate received H.R. 2221 with the
House amendment, read twice, and referred to the Senate
Committee on Commerce, Science, and Transportation.
Further action was taken on S. 3742, a related measure. On
August 5, 2010, S. 3742 was introduced by Sen. Pryor of
Arkansas, referred to the Senate Committee on Commerce, Science
and Transportation, and subsequently referred to the
Subcommittee on Consumer Protection, Product Safety, and
Insurance.
On September 22, 2010, the Senate Committee on Commerce,
Science, and Transportation Subcommittee on Consumer
Protection, Product Safety, and Insurance held a legislative
hearing on S. 3742.
No further action was taken on these bills in the 111th
Congress.
CONSUMER CREDIT AND DEBT PROTECTION ACT
(H.R. 2309)
To provide authority to the FTC to expedite rulemakings
concerning consumer credit or debt and to direct the Commission
to examine and promulgate rules with regard to debt settlement
and automobile sales.
Summary
H.R. 2309 provides the FTC with streamlined authority to
issue rules regarding unfair or deceptive acts or practices
with regard to consumer credit and debt. It gives the FTC the
authority to seek civil penalties for such practices, and
enables state attorneys general to enforce the FTC's rules in
this area. In addition, the bill directs the FTC to issue rules
regarding unfair or deceptive acts or practices in two specific
areas: auto sales and debt settlement.
Legislative History
H.R. 2309 was developed after a series of hearings related
to consumer credit and debt, as follows:
On March 5, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing titled ``Consumer Protection
in the Used and Subprime Car Market.'' Testimony was received
from the acting directors of both the Bureau of Consumer
Protection at the FTC and the Bureau of Justice Assistance at
the Department of Justice, two representatives of consumer
protection organizations, a representative of the independent
automobile dealership industry, and the president of a company
that maintains a large database of automobile histories.
On March 24, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing titled ``Consumer Credit and
Debt: The Role of the Federal Trade Commission in Protecting
the Public.'' Testimony was received from the FTC Chairman; two
professors of law with expertise on regulatory issues related
to consumer credit; director of a consumer advocate
organization; and the chief executive officer of an
independent, local financing company that has worked
extensively with the FTC.
On May 7, 2009, H.R. 2309 was introduced by Rep. Rush and
referred to the Committee on Energy and Commerce. On May 11,
2009, H.R. 2309 was referred to the Subcommittee on Commerce,
Trade, and Consumer Protection.
On May 12, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on two bills,
including H.R. 2309. Testimony was received from the acting
director of the Bureau of Consumer Protection at the FTC, a
representative of a consumer advocacy group, and a
representative of the U.S. Chamber of Commerce.
On June 3, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 2309, amended, to the full Committee, by a rollcall vote
of 16-9.
No further action was taken on H.R. 2309 in the 111th
Congress.
BEREAVED CONSUMER'S BILL OF RIGHTS ACT OF 2009
(H.R. 3655)
To direct the FTC to establish rules to prohibit unfair or
deceptive acts or practices related to the provision of funeral
services.
Summary
H.R. 3655 directs the FTC to prescribe rules prohibiting
unfair or deceptive acts or practices in the provision of all
funeral goods or services. Specifically, all providers of these
goods and services are required to provide consumers with
accurate, itemized price information for each specific funeral
good or service offered for sale. The bill further prohibits
providers from making misrepresentations about federal, state,
and local requirements, and prohibits conditioning the
provision of any one funeral good or service on the purchase of
another funeral good and service.
The bill also requires that contracts for funeral goods or
services be written clearly and include disclosures about any
fees, penalties, or costs that may be incurred in the future.
With specific regard to cemeteries, the bill requires that
consumers be provided with written rules and regulations and an
explanation of the burial right that has been purchased.
Cemeteries further are required to keep clear records of all
burials.
In addition, H.R. 3655 authorizes both the FTC and the
states to enforce the Act's requirements. Also, the bill makes
clear that it is not Congress's intent to preempt states' laws
providing protections to consumers of funeral services or
funeral goods except where there are conflicts between the
respective laws.
H.R. 3655 directs the FTC to issue the rules required under
this Act within one year of enactment, in accordance with the
Administrative Procedures Act. The bill also would ensure that
the FTC's rules apply to all providers of funeral goods or
services, even those that are nonprofit.
Legislative History
H.R. 3655 was developed following news of a grave reselling
scheme at Burr Oak Cemetery in Alsip, Illinois, as well as a
hearing about consumer protections relating to funerals and
cemeteries.
On July 27, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a field hearing in Chicago, Illinois
titled ``Oversight of Cemeteries and Other Funeral Services:
Who's In Charge?'' Testimony was received from relatives of
those buried at Burr Oak Cemetery, a representative of the
FTC's Bureau of Consumer Protection, the Illinois State
Comptroller, and representatives of a bereaved consumer's
advocacy group, a trade association for funeral homes and
cemetery operators, and a local Chicago-area funeral home.
On September 25, 2009, H.R. 3655 was introduced by Rep.
Rush and referred to the Committee on Energy and Commerce. On
September 29, 2009, H.R. 3655 was referred to the Subcommittee
on Commerce, Trade, and Consumer Protection.
On January 27, 2010, the Subcommittee on Commerce, Trade,
and Consumer Protection held a legislative hearing on H.R.
3655. Testimony was received from representatives of the FTC's
Bureau of Consumer Protection, the Illinois Cemetery Oversight
Task Force, a trade association for funeral homes, as well as
the former director of another trade association for funeral
homes and cemeteries.
On March 24, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 3655, amended, to the full Committee, by a voice vote.
On July 21, 2010, the Committee on Energy and Commerce met
in open markup session to consider H.R. 3655, which it
subsequently ordered favorably reported to the House, amended,
by a voice vote.
On December 7, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 3655 (H. Rept. 111-672).
No further action was taken on H.R. 3655 in the 111th
Congress.
CALLING CARD CONSUMER PROTECTION ACT
(H.R. 3993, S. 562)
To require accurate and reasonable disclosure of the terms
and conditions of prepaid telephone calling cards and services.
Summary
H.R. 3993 requires calling card providers and distributors
to clearly and conspicuously disclose all relevant and
applicable information to consumers. These disclosures must
include contact information for the provider, the number of
minutes available or the dollar value of the card. Entities
also are required to disclose any applicable fees, additional
charges, limitations, changes in value, or expiration dates
associated with the use of the card. In some cases, these
disclosures also are required to appear on calling card
advertisements and voice prompts. The bill provides the FTC
with the authority to enforce these requirements and to
promulgate regulations to carry out the Act. States also are
authorized to enforce the Act.
Legislative History
On November 3, 2009, H.R. 3993 was introduced by Rep. Engel
and referred to the Committee on Energy and Commerce. Similar
legislation had been introduced in the 110th Congress, as H.R.
3402 by Rep. Engel and as S. 2998 by Sen. Nelson of Florida.
Sen. Nelson also introduced this bill, as S. 562, in the 111th
Congress. On November 4, 2009, H.R. 3993 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On December 3, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection held a legislative hearing on H.R.
3993. Testimony was received from the director of the FTC's
Division of Marketing Practices, the executive director of
National Consumers League, a state utility commissioner, a
community organizer for African immigrants, and the president
of the industry association for wholesale marketers.
On March 24, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 3993 to the full Committee, by a voice vote.
On May 5, 2010, the Committee on Energy and Commerce met in
open markup session to consider H.R. 3993, which it
subsequently ordered favorably reported to the House, amended,
by a voice vote.
On June 15, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 3993 (H. Rept. 111-507).
On June 23, 2010, H.R. 3993 was considered by the House
under suspension of the rules and passed, as amended, by a
rollcall vote of 381-41.
On June 24, 2010, the Senate received H.R. 3993, read
twice, and referred to the Committee on Commerce, Science, and
Transportation.
No further action was taken on H.R. 3993 in the 111th
Congress.
GUARANTEE OF A LEGITIMATE DEAL ACT OF 2010
(H.R. 4501)
To require certain return policies from businesses that
purchase precious metals from consumers and solicit such
transactions through an Internet website.
Summary
H.R. 4501 requires online purchasers of precious metals to
wait until receiving an affirmative acceptance of the amount
offered before melting down a consumer's jewelry. Online
purchasers of precious metals are required to promptly return
jewelry to a consumer if the consumer declines the amount
offered. In addition, the bill sets a standard for the amount
of insurance provided by online purchasers of precious metals
on shipments of jewelry or precious metals.
Legislative History
On January 21, 2010, H.R. 4501 was introduced by Rep.
Weiner and referred to the Committee on Energy and Commerce. On
January 22, 2010, H.R. 4501 was referred to the Subcommittee on
Commerce, Trade, and Consumer Protection.
On May 13, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on two bills,
including H.R. 4501. Testimony was received from
representatives of the FTC's Bureau of Consumer Protection
Enforcement Division, Consumers Union, and a trade association
for the jewelry industry.
On June 30, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 4501, amended, to the full Committee, by a voice vote.
On July 15, 2010, the Committee on Energy and Commerce met
in open markup to consider H.R. 4501, which it subsequently
ordered reported favorably to the House, amended, by a voice
vote.
On December 7, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 4501 (H. Rept. 111-673).
On December 8, 2010, the House passed H.R. 4501, as
amended, by a rollcall vote of 324-81.
On December 9, 2010, the Senate received H.R. 4501, read
twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 4501 in the 111th
Congress.
FOREIGN MANUFACTURERS LEGAL ACCOUNTABILITY ACT OF 2010
(H.R. 4678, S. 1606)
To require foreign manufacturers of products imported into
the United States to establish registered agents in the United
States who are authorized to accept service of process against
such manufacturers.
Summary
H.R. 4678 requires foreign manufacturers and producers that
import products into the United States to designate a
registered agent who is authorized to accept service of process
here in the United States. The agent would have to be
registered in a state with a substantial connection to the
importation, distribution, or sale of products of the foreign
manufacturer or producer. The CPSC, the Food and Drug
Administration, and the EPA would each be required to
determine, based on the value or quantity of goods manufactured
or produced, which foreign manufacturers and producers under
their respective authority would be required to designate a
registered agent. Registering an agent consistent with the Act
constitutes acceptance by the manufacturer of personal
jurisdiction of the state and federal courts of the state in
which the agent is located. Finally, the Act prohibits the
importation into the United States of products from foreign
manufacturers that fail to designate a registered agent.
Legislative History
On February 24, 2010, H.R. 4678 was introduced by Rep.
Sutton and referred to the Committee on Energy and Commerce,
and in addition to the Committees on Ways and Means, and
Agriculture, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned. On
February 25, 2010, H.R. 4678 was referred to the Subcommittee
on Commerce, Trade, and Consumer Protection. Similar
legislation in the Senate was introduced as S. 1606 by Sen.
Whitehouse of Rhode Island on August 6, 2009.
On June 16, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on two bills,
including H.R. 4678. Testimony was received from
representatives of the CPSC, Consumers Union, and the American
Association of Exporters and Importers, as well as from a
professor of law, and a former police officer whose family
members suffered health problems from toxic Chinese drywall in
their home.
On June 30, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 4678, amended, to the full Committee, by a voice vote.
On July 21, 2010, the Committee on Energy and Commerce met
in open markup session to consider H.R. 4678, which it
subsequently ordered reported favorably to the House, amended,
by a rollcall vote of 31-22.
On December 16, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 4678 (H. Rept. 111-683, Part 1).
No further action was taken on H.R. 4678 in the 111th
Congress.
NATIONAL MANUFACTURING STRATEGY ACT OF 2010
(H.R. 4692, S. 3662)
To require the President to prepare a quadrennial National
Manufacturing Strategy.
Summary
H.R. 4692 directs the President, every four years, to
submit to Congress, and publish on a public website, a National
Manufacturing Strategy, with the first edition due one year
after enactment.
To facilitate this task, the bill directs the President to
establish ``the President's Manufacturing Strategy Board''
within the Department of Commerce, with members drawn from both
the public and private sector, to: (1) advise the President and
Congress on issues affecting the nation's manufacturing sector;
(2) conduct a comprehensive analysis of such sector; (3)
develop a Strategy; and (4) report annually to the President
and Congress on the current state of U.S. manufacturing.
Through the development of each Strategy, the President must
enter into an agreement with the National Academy of Sciences
(NAS) to conduct a study concerning U.S. manufacturing and
related assessments and reviews, with results to be reported to
both the President and Congress.
The President is also required to evaluate each annual
budget and include information regarding that budget's
consistency with the goals and recommendations included in the
latest Strategy. Lastly, the Comptroller General must submit to
Congress an assessment and analysis of the Strategy in the
years 2013, 2017, and 2021.
Legislative History
On February 25, 2010, H.R. 4692 was introduced by Rep.
Lipinski and referred to the Committee on Energy and Commerce,
and in addition to the Committee on the Budget, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned. On February 26, 2010,
H.R. 4692 was referred to the Subcommittee on Commerce, Trade,
and Consumer Protection. Similar legislation in the Senate was
introduced as S. 3662 by Sen. Stabenow of Michigan on July 28,
2010.
On July 14, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on H.R. 4692.
Testimony was received from the federal Chief Technology
Officer, the CEO of an Illinois steel company, an economic
policy scholar, a researcher of defense research programs, and
representatives from a non-profit advocate for domestic
manufacturing and an association of machinists and aerospace
workers.
On July 21, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection was discharged from further consideration
of H.R. 4692, and the full Committee met in open markup session
to consider the measure. H.R. 4692 was ordered favorably
reported to the House, amended, by a voice vote.
On July 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 4692 (H. Rept. 111-574).
On July 28, 2010, the Committee on the Budget was
discharged from further consideration of H.R. 4692.
On July 28, 2010, H.R. 4692 was considered in the House
under suspension of the rules and passed, as amended, by a
rollcall vote of 379-38.
On July 29, 2010, H.R. 4692 was received in the Senate. On
August 5, 2010, H.R. 4692 was read twice and referred to the
Committee on Commerce, Science, and Transportation.
No further action was taken on H.R. 4692 in the 111th
Congress.
CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT ASSISTANCE ACT OF 2010
(H.R. 5156)
To provide for the establishment of a Clean Energy
Technology Manufacturing and Export Assistance Fund to assist
United States businesses with exporting clean energy technology
products and services.
Summary
H.R. 5156 establishes a fund administered by the
International Trade Administration (ITA) to assist United
States businesses with manufacturing and exporting clean energy
technology products and services. The purpose of the bill is to
ensure that clean energy technology firms, including parts
suppliers and engineering and design firms, have the
information and assistance they need to compete domestically
and globally and to create jobs in the United States. The fund
would be used to promote policies that reduce production costs
and encourage innovation, investment, and productivity, as well
as to implement a national clean energy technology export
strategy.
Under H.R. 5156, United States businesses are given
information, tools, and other assistance to promote clean
energy technology manufacturing in the United States, and
facilitate the export of clean energy technology products and
services. The Secretary of Commerce must report to Congress
within the first six months regarding use of funds, and after
five years to assess the program's effectiveness and whether it
should be continued.
Legislative History
H.R. 5156 was developed after a series of meetings among
staff, scholars, and stakeholders, as well as a hearing on
relevant issues.
On October 7, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection held a hearing titled ``Growing U.S.
Trade in Green Technology.'' Testimony was received from the
Deputy Assistant Secretary for Manufacturing and Services at
the Department of Commerce, the president of a business
coalition for sustainable energy, a representative of the
General Electric Company, and two scholars--one a professor and
one a public policy fellow--with expertise in international
economics.
On April 27, 2010, H.R. 5156 was introduced by Rep. Matsui
and referred to the Committee on Foreign Affairs, and in
addition to the Committee on Energy and Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned. On April 28, 2010,
H.R. 5156 was referred to the Subcommittee on Commerce, Trade,
and Consumer Protection. The Subcommittee held a hearing on
H.R. 5156 on June 16, 2010.
On June 30, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 5156, amended, to the full Committee by a voice vote.
On July 21, 2010, the Committee on Energy and Commerce met
in open markup session to consider H.R. 5156, which it
subsequently ordered reported favorably to the House, amended,
by a voice vote.
On July 27, 2010, the Committee on Energy and Commerce
reported H.R. 5156 to the House, amended (H. Rept. 111-572,
Part I).
On July 27, 2010, the Committee on Foreign Affairs was
discharged from further consideration of H.R. 5156.
On July 28, 2010, H.R. 5156 was considered in the House
under suspension of the rules and passed, as amended, by a
voice vote.
On July 29, 2010, H.R. 5156 was received in the Senate. On
August 5, 2010, H.R. 4692 was read twice and referred to the
Committee on Commerce, Science, and Transportation.
No further action was taken on H.R. 4692 in the 111th
Congress.
MOTOR VEHICLE SAFETY ACT OF 2010
(H.R. 5381, S. 3302)
To require motor vehicle safety standards relating to
vehicle electronics and to reauthorize and provide greater
transparency, accountability, and safety authority to the
National Highway Traffic Safety Administration.
Summary
H.R. 5381 improves auto safety and strengthens the vehicle
safety programs at the National Highway Traffic Safety
Administration (NHTSA). The bill has four key objectives: (1)
improve electronics expertise at NHTSA and develop new vehicle
safety standards; (2) increase transparency and accountability
in auto safety; (3) provide additional resources to NHTSA; and
(4) improve the enforcement authorities of NHTSA.
Legislative History
H.R. 5381 was developed after a series of hearings related
to motor vehicle safety. Similar legislation was introduced in
the Senate as S. 3302 by Sen. Rockefeller of West Virginia on
May 4, 2010.
On May 18, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing titled ``Auto Safety:
Current Mandates and Emerging Issues.'' Testimony was received
from the former administrator of the National Highway Traffic
Safety Administration (NHTSA), as well as current
representatives of NHTSA, the National Transportation Safety
Board, an automobile manufacturers' industry group, an auto
insurance industry group, and two auto safety advocacy groups.
On March 11, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing titled ``NHTSA Oversight:
The Road Ahead.'' Testimony was received from the Administrator
of NHTSA, the former Administrator of NHTSA, and
representatives of a consumer advocacy group and an automobile
manufacturers' industry association.
On May 6, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on draft
language of the Motor Vehicle Safety Act of 2010. Testimony was
received from the Administrator of NHTSA, the former
Administrator of NHTSA, representatives of two associations for
automobile manufacturers, the executive director of an auto
safety consumer advocacy group, and an information policy
scholar.
On May 20, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session to consider
draft language of the Motor Vehicle Safety Act of 2010.
On May 25, 2010, H.R. 5381 was introduced by Rep. Waxman
and referred to the Committee on Energy and Commerce.
On May 26, 2010, the Committee on Energy and Commerce met
in open markup to consider H.R. 5381, which it subsequently
ordered reported favorably to the House, amended, by a rollcall
vote of 31-21.
On July 14, 2010, the Committee on Energy and Commerce
reported H.R. 5381 to the House, amended (H. Rept. 111-536).
No further action was taken on H.R. 5381 in the 111th
Congress.
BEST PRACTICES ACT
(H.R. 5777)
To foster transparency about the commercial use of personal
information and provide consumers with meaningful choice about
the collection, use, and disclosure of such information.
Summary
H.R. 5777 requires a covered entity to make available to
individuals information about the covered entity's privacy
practices, including a description of the information collected
and the specific purposes for such collection. The FTC is
directed to determine the means and timing of notices, may
allow for or require shorter notices, and may issue model
notices. A covered entity must provide an individual with the
ability to opt out of the collection and use of covered
information and must obtain express affirmative consent before
collecting, using, or disclosing sensitive information. A
covered entity that participates in a Safe Harbor Self-
Regulatory Choice Program approved by FTC is not subject to
certain requirements.
H.R. 5777 also includes data security, access, data
minimization, accountability, and accuracy requirements. The
bill grants enforcement authority to FTC and the states,
including civil penalty authority, and grants FTC streamlined
rulemaking authority to implement the bill. Finally, the bill
authorizes a limited private right of action and contains a
preemption provision of certain state laws that expressly
require covered entities to implement requirements with respect
to the collection, use, or disclosure of covered information.
The preemption provision does not apply to state laws that
address health information or financial information, data
breach laws, trespass, contract, or tort laws, and other laws
that relate to acts of fraud.
Legislative History
H.R. 5777 was developed after a series of hearings related
to data privacy.
On June 18, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a joint hearing with the Subcommittee
on Communications, Technology and the Internet titled
``Behavioral Advertising: Industry Practices and Consumers'
Expectations.'' Testimony was received from a consumer privacy
advocate; the president of an industry research firm; the
executive director of an industry coalition devoted to self-
regulation of privacy practices; a professor of computer
science and public affairs; and privacy officers from three
large internet corporations, including Yahoo!, Facebook, and
Google.
On November 19, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection held a joint hearing with the
Subcommittee on Communications, Technology and the Internet
titled ``Exploring the Offline and Online Collection and Use of
Consumer Information.'' Testimony was received from a leading
privacy advocate, a professor with expertise on information
privacy, an internet marketing executive for a small
educational retailer, and privacy officers for a marketing
firm, a market research firm, and Wal-Mart Stores, Inc.
On February 24, 2010, the Subcommittee on Commerce, Trade,
and Consumer Protection held a joint hearing with the
Subcommittee on Communications, Technology and the Internet
titled ``The Collection and Use of Location Information for
Commercial Purposes.'' Testimony was received from a professor
with expertise on computer science, engineering, and public
policy; the director of an internet safety advocacy group; the
general counsel of a wireless communications industry
association; and representatives of three firms with business
based on location-data technology.
On July 19, 2010, H.R. 5777 was introduced by Rep. Rush and
referred to the Committee on Energy and Commerce.
On July 22, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on H.R. 5777, as
well as on a different discussion draft related to privacy.
No further action was taken on H.R. 5777 in the 111th
Congress.
TOXIC CHEMICALS SAFETY ACT OF 2010
(H.R. 5820, S. 3209)
To amend the Toxic Substances Control Act to ensure that
the public and the environment are protected from risks of
chemical exposure.
Summary
H.R. 5820 would establish a risk-based framework to ensure
that all chemical substances to which the American people are
exposed will be reviewed for safety and restricted where
necessary to protect public health and the environment. The
chemical industry would be required to develop and provide to
the EPA essential data to inform this review. H.R. 5820 would
authorize EPA to exempt chemicals already known to be safe from
certain requirements of the act, and would direct EPA to
prioritize chemicals for review based on existing evidence of
risk. The bill also would improve EPA's authority to compel
testing where necessary. Non-confidential information submitted
to EPA would be shared with the public, and critical
confidential information would be shared among regulators, with
states, and with workers in the chemical industry.
H.R. 5820 would create incentives, as well as a review
process, for safer alternatives to existing chemicals,
promoting innovation and investment in green chemistry.
Chemical manufacturers and processors would be required to
provide basic information on chemical safety to their
commercial purchasers (with protections for confidential
information), allowing downstream users to identify and select
safer materials. A workforce education and training program in
green chemistry would be created, promoting and ensuring the
long-term viability of American jobs.
Other provisions of H.R. 5820 would establish an expedited
process for EPA to reduce exposure to chemical substances that
are known to be persistent, bioaccumulative, and toxic (PBT);
promote research to advance understanding of children's
vulnerability to the harms of chemicals; direct EPA to address
community exposures to toxic chemicals in certain ``hot spot''
locations; encourage the reduction of the use of animals in
chemical testing; and require EPA to engage in international
efforts to control dangerous chemicals.
Legislative History
H.R. 5820 was developed after a series of hearings related
to regulation of toxic substances. Similar legislation was
introduced in the Senate as S. 3209 by Sen. Lautenberg of New
Jersey on April 15, 2010.
On November 17, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection held a hearing titled ``Prioritizing
Chemicals for Safety Determination.'' Testimony was received
from representatives of EPA, the Centers for Disease Control
and Prevention, a policy organization for international
environmental law, an industry association for manufacturers of
grocery products, and a chemical manufacturers' association.
On March 4, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing titled ``TSCA and
Persistent, Bioaccumulative, and Toxic Chemicals: Examining
Domestic and International Actions.'' Testimony was received
from representatives of EPA, the Bureau of Oceans at the
Department of State, the Washington state Department of
Ecology, the Natural Resources Defense Council, and an industry
association for producers of metals, as well as a former
principal environmental scientist for the Procter and Gamble
Company.
On July 22, 2010, H.R. 5820 was introduced by Rep. Rush and
referred to the Committee on Energy and Commerce. On July 26,
2010, H.R. 5820 was referred to the Subcommittee on Commerce,
Trade, and Consumer Protection.
On July 29, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held a legislative hearing on H.R. 5820.
Testimony was received from representatives of EPA, two
chemicals industry associations, and three environmental
protection advocacy groups, as well as from the vice president
of a small construction company.
No further action was taken on H.R. 5820 in the 111th
Congress.
COIN AND PRECIOUS METAL DISCLOSURE ACT
(H.R. 6149)
To require disclosures to consumers by coin and precious
metal bullion dealers.
Summary
H.R. 6149 requires those who sell bullion or certain coins
as investments to disclose prior to sale all fees associated
with purchasing the items, the items' purchase price, the value
of the metal in them, and the value for which they could be
sold to other dealers. The bill does not apply to rare and
collectible coins whose value is not significantly attributable
to their metal content and is not affected by the price of
precious metals. In addition, the bill allows the FTC to
require additional disclosures through rulemaking.
Legislative History
On September 16, 2010, H.R. 6149 was introduced by Rep.
Weiner of New York and referred to the Committee on Energy and
Commerce.
On September 23, 2010, the Subcommittee on Commerce, Trade,
and Consumer Protection held a hearing on H.R. 6149. Testimony
was received from a private citizen who had been a customer of
a gold firm, a professor of business, and representatives of
FTC, Consumers Union, and a company that sells gold as an
investment.
No further action was taken on H.R. 6149 in the 111th
Congress.
REQUESTING THAT THE PRESIDENT TRANSMIT TO THE HOUSE OF REPRESENTATIVES
ALL INFORMATION IN HIS POSSESSION RELATING TO SPECIFIC COMMUNICATIONS
WITH CHRYSLER LLC (``CHRYSLER'')
(H. Res. 462)
Summary
H. Res. 462 requests the President, not later than 14 days
after adoption of the resolution, to provide the House
information relating to communications with Chrysler LLC.
Specifically, the resolution seeks documents in the President's
possession referring or relating to scheduled Chrysler plant
closings: (1) that were discussed as part of the required
February 17, 2009, Chrysler viability determination filing; (2)
that were identified in the March 30, 2009, announcement by the
Administration; (3) that were prepared for the 11:30 a.m.
conference call on April 30, 2009, between members of the
President's Auto Task Force (hereafter in this resolution
referred to as the ``Task Force'') and Members of Congress,
including transcripts; (4) revealing the President's knowledge
regarding such plant closings prior to March 30, 2009; (5)
included in Chrysler's April 30, 2009, bankruptcy filing in New
York; (6) that identifies who was aware of such plant closings
that would be announced prior to April 30, 2009, among the
Administration, Chrysler, the Task Force, and the International
Union, United Automobile, Aerospace and Agricultural Implement
Workers of America (also referred to as the ``UAW''); and (7)
the interaction and procedures for identifying the 789 Chrysler
dealerships in the United States scheduled for closure, as
announced on May 14, 2009.
Legislative History
On May 20, 2009, H. Res. 462 was introduced by Rep.
LaTourette of Ohio and referred to the Committee on Energy and
Commerce.
The Committee met in open session on June 10, 2009, and
considered H. Res. 462. Subsequently, the Committee ordered H.
Res. 462 reported to the House without amendment and without
recommendation by a voice vote.
On June 12, 2009, the Committee on Energy and Commerce
filed the House report on H. Res. 462 without recommendation
(H. Rept. 111-147).
There was no further action on H. Res. 462 in the 111th
Congress.
Oversight Activities
IMPLEMENTATION OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008
On January 16, 2009, Chairmen Waxman and Rush, together
with Sens. Rockefeller and Pryor, sent a letter to the CPSC
expressing concerns over the Commission's implementation of the
Consumer Product Safety Improvement Act of 2008 (P.L. 110-314).
This letter, which urged Acting Chair Nancy Nord and
Commissioner Thomas Moore to take swift corrective action,
highlighted four issues of particular concern: (1)
Applicability of testing and certification requirements to
certain children's books and certain children's apparel; (2)
Guidance to resellers of children's products such as thrift and
consignment stores; (3) Component part testing; and (4)
Guidance to small business generally.
On February 5, 2009, Chairmen Waxman and Rush, together
with Sens. Rockefeller and Pryor, sent a letter to the CPSC to
urge that Acting Chair Nancy Nord and Commissioner Thomas Moore
act before February 10, 2009, to establish interim industry
guidance and a clear timeline for full compliance with the
Consumer Product Safety Improvement Act of 2008 (P.L. 110-314).
LEADERSHIP OF THE CONSUMER PRODUCT SAFETY COMMISSION
On February 4, 2009, Chairmen Waxman and Rush, together
with Sens. Rockefeller and Pryor, sent a letter to President
Obama to request an immediate change of leadership at the CPSC,
citing the inability of the Commission's leaders to effectively
implement the provisions of the Consumer Product Safety
Improvement Act of 2008 (P.L. 110-314). This letter also
highlighted broader dysfunction at the Commission, resulting in
a lack of guidance to industry and the proliferation of fear
and misinformation about the Act.
CONSUMER PROTECTION IN THE USED AND SUBPRIME CAR MARKET
On March 17, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held an oversight hearing titled
``Stimulating the Economy through Trade: Examining the Role of
Export Promotion.'' The Subcommittee examined the extent to
which U.S. exports could aid economic growth, with a particular
focus on the impact of export promotion programs sponsored by
the federal government, and the assistance available to help
U.S. businesses expand markets for U.S. products. Witnesses
included representatives of the International Trade
Administration at the Department of Commerce, the Foreign
Agriculture Service at the Department of Agriculture, the
Government Accountability Office, the National Association of
Manufacturers, and the U.S. Chamber of Commerce.
EXAMINING THE STATUS OF U.S. TRADE WITH CUBA AND ITS IMPACT ON ECONOMIC
GROWTH
On April 27, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held an oversight hearing titled
``Examining the Status of U.S. Trade with Cuba and its Impact
on Economic Growth.'' The Subcommittee examined the economic
embargo against Cuba in the context of the global financial
downturn and explored the potential economic impact of
normalizing U.S.-Cuba trade relations. Witnesses included the
former Chief of Mission at the U.S. Interests Section in
Havana, as well as representatives of the International Trade
Administration at the Department of Commerce, the Bureau of
Industry and Security at the Department of Commerce, the U.S.
Chamber of Commerce, and two non-profit organizations, one that
promotes U.S.-Cuba trade and the other that monitors human
rights issues in Latin America.
IT'S TOO EASY BEING GREEN: DEFINING FAIR GREEN MARKETING PRACTICES
On June 9, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held an oversight hearing titled ``It's Too
Easy Being Green: Defining Fair Green Marketing Practices.''
The Subcommittee examined ``green'' marketing claims, their
interpretation by consumers, and the role of the FTC in
establishing guidelines for fair and effective green marketing
practices. Witnesses included representatives of FTC, Consumers
Union, and three different environmental standards-setting
programs.
U.S.-AFRICA TRADE RELATIONS: CREATING A PLATFORM FOR ECONOMIC GROWTH
On June 24, 2009, the Subcommittee on Commerce, Trade, and
Consumer Protection held a joint oversight hearing, with the
Committee on Foreign Affairs Subcommittee on Africa and Global
Health titled ``U.S.-Africa Trade Relations: Creating a
Platform for Economic Growth.'' The Subcommittees examined how
increased trade with Sub-Saharan Africa could be an engine for
both U.S economic recovery and Africa's economic growth.
Witnesses included a professor with expertise on African
economics, as well as representatives of the Office of the U.S.
Trade Representative, the U.S. Trade and Development Agency,
the International Trade Association at the Department of
Commerce, The Corporate Council on Africa, the U.S. Chamber of
Commerce, and Motorola.
CONSUMER PRODUCT SAFETY COMMISSION OVERSIGHT: CURRENT ISSUES AND A
VISION FOR THE FUTURE
On September 10, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection held an oversight hearing titled
``Consumer Product Safety Commission Oversight: Current Issues
and a Vision for the Future.'' The Subcommittee received the
testimony of Chairman Inez Tenenbaum, which outlined a vision
for the Commission under her leadership.
THE MINORITY BUSINESS DEVELOPMENT AGENCY: ENHANCING THE PROSPECTS FOR
SUCCESS
On October 15, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection held an oversight hearing titled ``The
Minority Business Development Agency: Enhancing the Prospects
for Success.'' The Subcommittee examined how the Minority
Business Development Agency (MBDA), in consultation with the
Department of Commerce, can optimize use of its resources in
order to create more opportunities for minority business owners
and workers. Witnesses included the National Director of MBDA,
as well as the presidents of the Chicago Minority Business
Development Council, the El Paso (TX) Hispanic Chamber of
Commerce, and the U.S. Pan Asian American Chamber of Commerce.
THE NFL STARCAPS CASE: ARE SPORTS' ANTI-DOPING PROGRAMS AT A LEGAL
CROSSROADS?
On November 3, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection held an oversight hearing titled ``The
NFL StarCaps Case: Are Sports' Anti-Doping Programs at a Legal
Crossroads?'' The Subcommittee examined the integrity of the
drug-testing programs and policies of professional sports
leagues in light of a recent federal court ruling regarding
state preemption of these collectively bargained policies.
Witnesses included the commissioner of the National Football
League, the executive director of the National Football League
Players Association, an executive at Major League Baseball, the
general counsel of the Major League Baseball Players
Association, CEO of the U.S. Anti-Doping Agency, and two
professors of law with expertise on sports law.
DRIVEN TO DISTRACTION: TECHNOLOGICAL DEVICES AND VEHICLE SAFETY
On November 4, 2009, the Subcommittee on Commerce, Trade,
and Consumer Protection held a joint oversight hearing, with
the Subcommittee on Communications, Technology, and the
Internet titled ``Driven to Distraction: Technological Devices
and Vehicle Safety.'' The Subcommittee examined safety issues
concerning drivers distracted by wireless or other electronic
communications devices built in or brought into the vehicle.
Witnesses included the Secretary of Transportation and the
Chairman of the Federal Communications Commission, as well as
representatives of a wireless communications industry
association, an automobile manufacturers' industry association,
and four organizations that study transportation safety.
THE BP OIL SPILL AND GULF COAST TOURISM: ASSESSING THE IMPACT
On July 27, 2010, the Subcommittee on Commerce, Trade, and
Consumer Protection held an oversight hearing titled ``The BP
Oil Spill and Gulf Coast Tourism: Assessing the Impact.'' The
Subcommittee examined both the damages suffered by the tourism
industry in the Gulf region and the process by which the
independent Gulf Coast Claims Facility will evaluate tourism-
related claims. Witnesses included the administrator of the
Gulf Coast Claims Facility, the president of the U.S. Travel
Association, the owner of a New Orleans-based restaurant group,
as well as representatives from the tourism or food and lodging
associations of the Alabama Gulf Coast, the Mississippi Gulf
Coast, and Florida.
IMPLEMENTATION OF THE VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT
On August 5, 2010, Chairman Waxman sent a letter to four
Commissioners and the Chairman of the Consumer Product Safety
Commission (CPSC) to reexamine the manner in which it had
implemented the Virginia Graeme Baker Pool and Spa Safety Act
(P.L. 110-140). Specifically, this letter expressed concern
about pool drain covers that could be considered safe under
CPSC rules but that recent evidence demonstrated were not safe.
Hearings Held
Revisiting the Toxic Substances Control Act of 1976.--
Hearing on critical gaps in the statute and how these gaps
hinder effective chemical safety policy in the United States.
Hearing held on February 26, 2009. PRINTED, Serial No. 111-7.
Consumer Protection in the Used and Subprime Car Market.--
Hearing on the current state of consumer protection in the auto
market, with particular attention to purchases by lower income
individuals. Hearing held on March 5, 2009. PRINTED, Serial No.
111-9.
Stimulating the Economy through Trade: Examining the Role
of Export Promotion.--Hearing on the role of exports in U.S.
economic growth, the impact of export promotion programs
sponsored by the federal government, and the assistance
available to help U.S. businesses expand markets for U.S.
products. Hearing held on March 17, 2009. PRINTED, Serial No.
111-15.
Consumer Credit and Debt: The Role of the Federal Trade
Commission in Protecting the Public.--Hearing on the role of
the Federal Trade Commission in consumer credit and debt
issues. Hearing held on March 24, 2009. PRINTED, Serial No.
111-19.
H.R. 1706, Protecting Consumer Access to Generic Drugs Act
of 2009.--Legislative hearing on a bill designed to protect
consumer access to generic drugs. Hearing held on March 31,
2009. PRINTED, Serial No. 111-25.
Examining the Status of U.S. Trade with Cuba and its Impact
on Economic Growth.--Hearing on the economic embargo against
Cuba in the context of the global financial downturn and to
explore the potential economic impact of normalizing U.S.-Cuba
trade relations. Hearing held on April 27, 2009. PRINTED,
Serial No. 111-32.
The Bowl Championship Series: Money and Other Issues of
Fairness for Publicly Financed Universities.--Hearing on issues
of competitive fairness and the extent to which public colleges
and universities are adversely impacted by the inequitable
distribution of revenue generated from the Bowl Championship
Series system. Hearing held on May 1, 2009. PRINTED, Serial No.
111-34.
H.R. 2221, the Data Accountability and Trust Act and H.R.
1319, the Informed P2P User Act.--Legislative hearing on two
consumer protection bills. Hearing held on May 5, 2009.
PRINTED, Serial No. 111-36.
H.R. 2309, the Consumer Credit and Debt Protection Act and
H.R. 2190, the Mercury Pollution Reduction Act.--Legislative
hearing on two consumer protection bills. Hearing held on May
12, 2009. PRINTED, Serial No. 111-38.
Auto Safety: Current Mandates and Emerging Issues.--Hearing
on the status of existing congressional mandates on the
National Highway Traffic Safety Administration (NHTSA) as well
as emerging issues in vehicle, highway, passenger, and
pedestrian safety in preparation for NHTSA reauthorization.
Hearing held on May 18, 2009. PRINTED, Serial No. 111-40.
It's Too Easy Being Green: Defining Fair Green Marketing
Practices.--Hearing on ``green'' marketing claims, their
interpretation by consumers, and the role of the FTC in
establishing guidelines for fair and effective green marketing
practices. Hearing held on June 9, 2009. PRINTED, Serial No.
111-45.
Behavioral Advertising: Industry Practices and Consumers'
Expectations.--Joint hearing with the Subcommittee on
Communications, Technology, and the Internet on the potential
privacy implications of behavioral advertising. Hearing held on
June 18, 2009. PRINTED, Serial No. 111-53.
U.S.-Africa Trade Relations: Creating a Platform for
Economic Growth.--Hearing on the opportunities and challenges
of U.S. investment in and trade with Sub-Saharan Africa.
Hearing held on June 24, 2009. PRINTED, Serial No. 111-55.
The Proposed Consumer Financial Protection Agency:
Implications for Consumers and the FTC.--Hearing on the
Administration's proposal to create a new agency responsible
for consumer protection with regard to financial products and
services. Hearing held on July 8, 2009. PRINTED, Serial No.
111-57.
Oversight of Cemeteries and Other Funeral Services: Who's
in Charge?--Hearing on consumer protections relating to
funerals and cemeteries. Hearing held on July 27, 2009.
PRINTED, Serial No. 111-59.
Consumer Product Safety Commission Oversight: Current
Issues and a Vision for the Future.--Hearing on the
relationship between Congress and the Consumer Product Safety
Commission, with the Commission under new leadership. Hearing
held on September 10, 2009. PRINTED, Serial No. 111-63.
Growing U.S. Trade in Green Technology.--Hearing on the
benefits and challenges of increasing U.S. involvement in the
global green economy. Hearing held on October 7, 2009. PRINTED,
Serial No. 111-68.
The Minority Business Development Agency: Enhancing the
Prospects for Success.--Hearing on the Department of Commerce's
Minority Business Development Agency. Hearing held on October
15, 2009. PRINTED, Serial No. 111-71.
The NFL StarCaps Case: Are Sports' Anti-Doping Programs at
a Legal Crossroads?--Hearing on the integrity of the drug-
testing programs and policies of professional sports leagues in
light of a federal court ruling regarding state preemption of
these collectively bargained policies. Hearing held on November
3, 2009. PRINTED, Serial No. 111-78.
Driven to Distraction: Technological Devices and Vehicle
Safety.--Joint hearing with the Subcommittee on Communications,
Technology, and the Internet on safety issues concerning
drivers distracted by wireless or other electronic
communications devices built in or brought into the vehicle.
Hearing held on November 4, 2009. PRINTED, Serial No. 111-79.
Prioritizing Chemicals for Safety Determination.--Hearing
on the options for prioritizing chemicals for safety
determinations in the event that the Committee amends the Toxic
Substances Control Act (TSCA). Hearing held on November 17,
2009. PRINTED, Serial No. 111-80.
Exploring the Offline and Online Collection and Use of
Consumer Information.--Joint hearing with the Subcommittee on
Communications, Technology, and the Internet on the collection
and commercial use of consumer data in the offline and online
marketplace. Hearing held on November 19, 2009. PRINTED, Serial
No. 111-83.
H.R. 3993, the Calling Card Consumer Protection Act.--
Legislative hearing on a consumer protection bill relating to
the use of telephone calling cards. Hearing held on December 3,
2009. PRINTED, Serial No. 111-86.
H.R. 3655, the Bereaved Consumer's Bill of Rights Act of
2009.--Legislative hearing on a bill that would require the FTC
to prescribe rules prohibiting unfair or deceptive acts or
practices in the provision of funeral goods and services.
Hearing held on January 27, 2010. PRINTED, Serial No. 111-93.
The Collection and Use of Location Information for
Commercial Purposes.--Hearing on privacy and other issues
related to the commercial collection, use, and sharing of
location-based information. Hearing held on February 24, 2010.
PRINTED, Serial No. 111-98.
TSCA and Persistent, Bioaccumulative, and Toxic Chemicals:
Examining Domestic and International Actions.--Hearing on U.S.
and international efforts to protect public health and the
environment from persistent, bioaccumulative, and toxic
chemicals, how the Toxic Substances Control Act (TSCA) is
currently being used to manage these chemicals, and how the
TSCA process might be improved. Hearing held on March 4, 2010.
PRINTED, Serial No. 111-102.
NHTSA Oversight: The Road Ahead.--Hearing on the operations
of the National Highway Traffic Safety Administration. Hearing
held on March 11, 2010. PRINTED, Serial No. 111-104.
H.R. 1796, the Residential Carbon Monoxide Poisoning
Prevention Act, and H.R. 4805, the Formaldehyde Standards for
Composite Wood Products Act.--Legislative hearing on two
consumer protection bills relating to environmental health and
safety. Hearing held on March 18, 2010. PRINTED, Serial No.
111-106.
Public Sales of Hurricane Katrina/Rita FEMA Trailers: Are
They Safe or Environmental Time Bombs?--Hearing on public sales
by the General Services Administration of travel trailers and
mobile homes that were purchased and provisioned by the Federal
Emergency Management Agency (FEMA) as emergency housing for
thousands of displaced Gulf Coast residents following
Hurricanes Katrina and Rita. Hearing held on April 28, 2010.
PRINTED, Serial No. 111-114.
H.R. __, the Consumer Product Safety Enhancement Act.--
Hearing on a discussion draft relating to consumer product
safety. Hearing held on April 29, 2010. PRINTED, Serial No.
111-116.
H.R. __, the Motor Vehicle Safety Act.--Legislative hearing
on a discussion draft of the Motor Vehicle Safety Act, which
would strengthen the National Highway Traffic Safety
Administration and improve vehicle safety. Hearing held on May
6, 2010. PRINTED, Serial No. 111-120.
H.R. 4501, the Guarantee of a Legitimate Deal Act, and H.R.
2480, the Truth in Fur Labeling Act.--Legislative hearing on
two consumer protection bills, one relating to the sale of gold
products and the other relating to Federal Trade Commission fur
labeling requirements. Hearing held on May 13, 2010. PRINTED,
Serial No. 111-123.
H.R. 4678, the Foreign Manufacturers Legal Accountability
Act and H.R. 5156, the Clean Energy Technology Manufacturing
and Export Assistance Act.--Legislative hearing on two bills
relating to the maintenance of a strong, fair manufacturing
sector. Hearing held on June 16, 2010. PRINTED, Serial No. 111-
136.
H.R. 4692, the National Manufacturing Strategy Act.--
Legislative hearing on a bill to require the President to
formulate a National Manufacturing Strategy. Hearing held on
July 14, 2010. PRINTED, Serial No. 111-143.
H.R. 5777, the BEST PRACTICES Act, and a discussion draft
to require notice to and consent of an individual prior to the
collection and disclosure of certain personal information
relating to that individual.--Legislative hearing on pending
privacy legislation. Hearing held on July 22, 2010. PRINTED,
Serial No. 111-147.
The BP Oil Spill and Gulf Coast Tourism: Assessing the
Impact.--Hearing on both the damages suffered by the Gulf
region tourism industry and the process by which the
independent Gulf Coast Claims Facility will evaluate tourism-
related claims. Hearing held on July 27, 2010. PRINTED, Serial
No. 111-150.
H.R. 5820, the Toxic Chemicals Safety Act of 2010.--
Legislative hearing on pending legislation which would amend
the Toxic Substances Control Act of 1976 to ensure that the
public and the environment are protected from risks resulting
from chemical exposure. Hearing held on July 29, 2010. PRINTED,
Serial No. 111-151.
H.R. 6149, the Coin and Precious Metal Disclosure Act.--
Legislative hearing on a bill addressing the sale to consumers
of gold and other precious metals for investment purchases.
Hearing held on September 23, 2010. PRINTED, Serial No. 111-
160.
Do-Not-Track Legislation: Is Now the Right Time? Hearing on
the feasibility of establishing a mechanism that provides
Internet users a simple and universal method to opt-out from
having their online activity tracked by data-gathering firms.
Hearing held on December 2, 2010. PRINTED, Serial No. 111-162.
Subcommittee on Communications, Technology, and the Internet
Legislative Activities
THE DIGITAL TELEVISION TRANSITION EXTENSION
Public Law 111-4 (S. 328, S. 352)
To amend the Communications Act of 1934 and the Digital
Television Transition and Public Safety Act of 2005 to extend
for approximately four months the deadlines related to the
transition from analog to digital television broadcasting.
Summary
S. 352 requires the Federal Communications Commission (FCC)
to extend for a 116-day period the licenses for recovered
spectrum, including the license period and construction
requirements associated with those licenses.
The bill extends to July 31, 2009, provided additional
budget authority is enacted, the deadline for requesting
digital-to-analog converter box coupons. The bill, S. 352,
authorizes upon request the issuance of one replacement coupon
for each coupon that expired without being redeemed.
Legislative History
On January 26, 2009, S. 328 was introduced and passed in
the Senate with an amendment by unanimous consent.
The bill was received by the House and held at the desk on
January 27, 2009. On that day, the House called up S. 328, as
amended, under suspension of the rules and at the conclusion of
debate, the vote on the bill was postponed.
On January 28, 2009, the House returned to the unfinished
business and the vote was taken on S. 328, as amended, which
failed to pass by a rollcall vote of 258-168, two-thirds of
those voting in favor being required for passage under
suspension of the rules.
On January 29, 2009, S. 352, a bill similar to S. 328, was
introduced and passed without amendment in the Senate by
unanimous consent.
On February 4, 2009, S. 352 was called up for consideration
by the House and passed under a rule by a rollcall vote of 264-
158, clearing the measure for the White House.
On February 9, 2009, S. 352 was presented to the President.
On February 11, 2009, S. 352 was signed into law by the
President and became Public Law 111-4.
THE AMERICAN RECOVERY AND REINVESTMENT ACT
Public Law 111-5 (H.R. 1, H.R. 629)
A legislative package to stimulate the economy through
creation of jobs and promotion of investment.
Summary
H.R. 1, the American Recovery and Reinvestment Act of 2009
(Recovery Act), addressed broadband deployment and adoption in
two primary ways. First, it created a grant program called the
Broadband Technology Opportunities Program (BTOP), to be
administered by the National Telecommunications and Information
Administration (NTIA), an entity within the Department of
Commerce. Second, the Recovery Act provided funding for a new
broadband grant, loan, and loan guarantee program, the
Broadband Initiatives Program (BIP), administered by the Rural
Utility Service (RUS), an entity within the Department of
Agriculture.
Legislative History
On January 22, 2009, the Committee on Energy and Commerce
met in open markup session to consider five committee prints of
draft legislation on portions of the economic recovery package
within the jurisdiction of the Committee. Following the
approval of the committee prints relating to legislation on
broadband, energy, and health, a unanimous consent request by
Chairman Waxman was agreed to that all text after section 1 of
H.R. 629, the Energy and Commerce Recovery and Reinvestment Act
of 2009, be struck and replace with the text of the five
committee prints approved by the Committee, as amended. H.R.
629, as amended, was ordered favorably reported to the House.
On January 26, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 625 (H. Rept. 111-7, Part 1).
The legislative provision contained in this and other Committee
reports became part of H.R. 1, the American Recovery and
Reinvestment Act of 2009, which was introduced on January 26,
2009.
On January 28, 2009, H.R. 1 was considered by the House and
passed by a rollcall vote of 244-188.
On February 10, 2009, the Senate passed H.R. 1 with an
amendment by a rollcall vote of 61-37. The Senate insisted upon
their amendment, asked for a conference with the House, and
appointed conferees: Inouye, Baucus, Reid, Cochran, and
Grassley.
The House agreed to a motion to disagree with the Senate
amendment and agreed to a conference on February 10, 2009, by a
rollcall vote of 403 to 0. The Speaker appointed the conferees
from the House: Obey, Rangel, Waxman, Lewis of California, and
Camp.
On February 12, 2009, the conference report on H.R. 1
(House Rept. 111-16) was filed in the House.
On February 13, 2009, the House agreed to the conference
report by a rollcall vote of 246-183. On the same day, the
Senate agreed to the conference report by a rollcall vote of
60-38, clearing the measure for the White House.
On February 17, 2009, H.R. 1 was signed into law by the
President and became Public Law 111-5.
THE LOCAL COMMUNITY RADIO ACT OF 2010
Public Law 111-___ (H.R. 1147, H.R. 6533)
To expand the ability of the FCC to license low-power FM
(LPFM) radio stations while protecting full-power FM stations
from any potential or actual interference.
Summary
H.R. 1147 amends Section 632 of the Department of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act of 2001 in its entirety. The bill directs
the FCC to modify its rules to eliminate third-adjacent minimum
distance separation requirements between LPFM stations and
full-power FM stations, including translator and booster
stations. The bill directs the FCC to retain its rules adopted
in 2000 that provide third-adjacent channel protection for
full-power noncommercial FM stations that broadcast radio
reading services via a subcarrier frequency from potential LPFM
station interference. The bill directs the FCC to ensure, when
licensing FM translator stations, that there is enough spectrum
for both FM translator stations and LPFM stations, taking into
consideration the needs of the local community.
Legislative History
On February 24, 2009, Reps. Mike Doyle (D-PA) and Lee Terry
(R-NE) introduced H.R. 1147, the Local Community Radio Act of
2009. On February 24, 2009, H.R. 1147 was referred to the
Committee on Energy and Commerce, and then referred to the
Subcommittee on Communications, Technology, and the Internet on
February 25, 2009.
On June 11, 2009, the Subcommittee on Communications,
Technology, and the Internet held a hearing on H.R. 1147,
receiving testimony from a representative of the FCC and a
consumer advocate.
On October 8, 2009, the Subcommittee on Communications,
Technology, and the Internet met in open markup session to
consider H.R. 1147. Subsequently, the Subcommittee forwarded
H.R. 1147, amended, to the full Committee by a voice vote.
On October 15, 2009, the Committee on Energy and Commerce
met in open markup session to consider H.R. 1147 as approved by
the Subcommittee. The Committee ordered H.R. 1147 favorably
reported to the House, as amended, by a voice vote.
On December 14, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 1147 (H. Rept. 111-375).
On December 16, 2009, H.R. 1147 passed the House, as
amended, under suspension of the rules by a voice vote.
On December 17, 2009, the Senate received H.R. 1147 with
the House amendment and referred the legislation to the Senate
Committee on Commerce, Science, and Transportation.
On December 16, 2010, Reps. Doyle and Terry introduced a
similar bill, H.R. 6533, the Local Community Radio Act of 2010,
which was referred to the Committee on Energy and Commerce on
December 16, 2010.
On December 17, 2010, H.R. 6533 was called up on the House
floor and passed under suspension of the rules by a voice.
H.R. 6533 was received by the Senate on December 17, 2010.
On December 18, 2010, H.R. 6533 was passed by the Senate
without amendment by unanimous consent, clearing the measure
for the White House.
On December 28, 2010, H.R. 6533 presented to the President.
H.R. 6533, as approved by the House and the Senate, was
awaiting action by the President when this report was filed.
THE COMMERCIAL ADVERTISEMENT LOUDNESS MITIGATION ACT (CALM ACT)
Public Law 111-311 (H.R. 1084, S. 2847)
To require the Federal Communications Commission to
promulgate rules concerning the loudness levels of commercial
advertisements accompanying any video programming broadcast or
distributed by a multichannel video programming distributor.
Summary
H.R. 1084, the ``Commercial Advertisement Loudness
Mitigation Act'' or the ``CALM Act'', would require the FCC to
incorporate into its rules the standard developed by an
industry standards-setting body for moderating the loudness of
commercials in comparison to the accompanying video
programming.
Legislative History
On February 13, 2009, H.R. 1084 was introduced by Rep. Anna
G. Eshoo (D-CA) and referred to the Committee on Energy and
Commerce. On February 23, 2009, H.R. 1084 was referred to the
Subcommittee on Communications, Technology, and the Internet.
On June 11, 2009, the Subcommittee on Communications,
Technology, and the Internet held a hearing on H.R. 1084,
receiving testimony from a representative of the FCC, a
television industry association, a consumer advocacy
association, and an engineer.
On October 8, 2009, the Subcommittee on Communications,
Technology, and the Internet met in open markup session to
consider H.R. 1084 and favorably forwarded H.R. 1084 to the
full Committee, amended, by a voice vote.
On November 19, 2009, the Committee on Energy and Commerce
met in open markup session to consider H.R. 1084 as approved by
the Subcommittee. Subsequently, the Committee ordered H.R. 1084
favorably reported to the House, as amended, by a voice vote.
On December 14, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 1084 (H. Rept. 111-374).
On December 15, 2009, H.R. 1084 passed the House, as
amended, under suspension of the rules, by a voice vote.
On December 16, 2009, the Senate received H.R. 1084 with
the House amendment and referred the bill to the Senate
Committee on Commerce, Science, and Transportation.
Previously on December 8, 2009, S. 2847, a companion bill
to H.R. 1084, was introduced by Sen. Whitehouse of Rhode Island
and referred to the Senate Committee on Commerce, Science, and
Transportation.
On September 28, 2010, the Committee on Commerce, Science,
and Transportation reported S. 2847, with an amendment. On
September 29, 2010, the Senate report was filed on S. 2847 (S.
Rept. 111-340).
On September 29, 2010, S. 2847 was passed in the Senate
with an amendment by unanimous consent.
On November 15, 2010, the House received S. 2847, where it
was held at the desk.
On November 17, 2010, the House called up S. 2847 under
suspension of the rules. Following completion of debate on the
bill, further proceedings were postponed.
On December 2, 2010, the House resumed unfinished business
and passed S. 2847, as amended, under suspension of the rules
by a voice vote, clearing the measure for the White House.
On December 15, 2010, S. 2847 was signed into law by the
President and became Public Law 111-311.
TO ALLOW THE FUNDING FOR THE INTEROPERABLE EMERGENCY COMMUNICATIONS
GRANT PROGRAM ESTABLISHED UNDER THE DIGITAL TELEVISION TRANSITION AND
PUBLIC SAFETY ACT OF 2005 TO REMAIN AVAILABLE UNTIL EXPENDED THROUGH
FISCAL YEAR 2012
Public Law 111-96 (H.R. 3633, S. 1694)
To allow for the funding for the interoperable emergency
communications grant program to remain available until expended
through 2012.
Summary
H.R. 3633 extends the funding window for the interoperable
emergency communications grant program established under the
Digital Television Transition and Public Safety Act of 2005.
The Public Safety Interoperable Communications Program (PSIC)
funds state projects that provide public safety personnel with
interoperable communications equipment and training for system
users. Under current law, funding for these critical
interoperability projects will expire in September 2010. This
extension will allow funds to remain available until expended
through fiscal year 2012.
Legislative History
On September 22, 2009, S. 1694 was introduced in the Senate
and referred to the Committee on Commerce, Science, and
Transportation.
On September 23, 2009, H.R. 3633 was introduced in the
House by Rep. Harman of California and referred to the
Committee on Energy and Commerce. H.R. 3633 was subsequently
referred to the Subcommittee on Communications, Technology, and
the Internet on September 24, 2009.
On October 8, 2009, the Subcommittee on Communications,
Technology, and the Internet met in open markup session to
consider the legislation and forwarded H.R. 3633 without
amendment to the full Committee by a voice vote.
On October 15, 2009, the Committee on Energy and Commerce
met in open markup session and H.R. 3633 was ordered favorably
reported without amendment by a voice vote.
On October 14, 2009, the Senate companion bill to H.R.
3633, S. 1694, was passed by the Senate by unanimous consent.
On October 15, 2009, the House received S. 1694 and
referred the bill to the Committee on Energy and Commerce.
On October 28, 2009, S. 1694 was called up on the House
floor and passed the House under suspension of the rules by a
rollcall vote of 420-0, clearing the measure for the White
House.
On November 6, 2009, S. 1694 was signed into law by the
President and became Public Law 111-96.
THE SATELLITE TELEVISION EXTENSION AND LOCALISM ACT OF 2010
Public Law 111-175 (H.R. 2994, S. 3333)
To amend provisions of the Communications Act of 1934 to
extend to December 31, 2014, allowing satellite retransmission
of network station signals to a subscriber who is located
outside of the local market of the station and resides in an
unserved household.
Summary
H.R. 2994, the ``Satellite Home Viewer Reauthorization Act
of 2009'' (SHVRA), reauthorizes and amends certain provisions
of the Communications Act of 1934 that govern satellite
retransmission of television broadcast signals. The bill amends
the Communications Act to account for the completion of the
digital television transition; reauthorizes provisions of the
Communications Act regarding certain good faith negotiating
requirements set to expire at the end of 2009; improves
regulatory parity between cable operators and satellite
providers; creates incentives to expand local-into-local
service to every television market in the United States, and
directs the FCC to study two issues relating to the ability of
consumers to receive local television signals.
Legislative History
On June 16, 2009, the Subcommittee on Communications,
Technology, and the Internet held a hearing on a discussion
draft of the Satellite Home Viewer Reauthorization Act of 2009
(SHVRA), receiving testimony from satellite television
providers, content producers, a representative of television
broadcasters and operators, and a satellite industry small
business CEO.
On June 23, 2009, H.R. 2994 was introduced by Subcommittee
Chairman Boucher and referred to the House Committee on Energy
and Commerce. On June 24, 2009, H.R. 2994 was referred to the
Subcommittee on Communications, Technology, and the Internet.
On June 25, 2009, the Subcommittee on Communications,
Technology, and the Internet met in open mark-up session to
consider H.R. 2994 and subsequently favorably forwarded H.R.
2994, amended, to the full Committee by a voice vote.
On October 15, 2009, the Committee on Energy and Commerce
met in open mark up session to H.R. 2994 as approved by the
Subcommittee. The Committee ordered H.R. 2994 favorably
reported to the House, as amended, by a voice vote.
On December 2, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 2994 (H. Rept. 111-349).
On May 7, 2010, S. 3333, the Satellite Television Extension
and Localism Act of 2010, was introduced and passed by
unanimous consent in the Senate.
On May 11, 2010, S. 3333 was received in the House. On May
12, 2010, S. 3333 passed the House under suspension of the
rules, by a voice vote, clearing the legislation for the White
House.
On May 27, 2010, S. 3333 was signed into law by the
President and became Public Law 111-175.
THE TRUTH IN CALLER ID ACT OF 2010
Public Law 111-331 (S. 30, H.R. 1258)
To protect against a practice commonly referred to as
caller ID ``spoofing,'' where a caller falsifies the original
caller ID information during the transmission of a phone call.
Summary
H.R. 1258 amends the Communications Act of 1934 to make it
unlawful for any person in the United States, in connection
with any real time voice communications, regardless of the
technology or network used, to cause any caller identification
service to transmit misleading or inaccurate caller
identification information (``spoofing'') with the intent to
defraud or deceive. It prohibits construing this Act to prevent
blocking caller identification and declares that this Act does
not prohibit lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United
States, a state, or a political subdivision of a state, or of a
U.S. intelligence agency.
Legislative History
On March 3, 2009, H.R. 1258 was introduced by Reps. Eliot
Engel (D-NY) and Joe Barton (R-TX) and referred to the
Committee on Energy and Commerce. On March 4, 2009, H.R. 1258
was referred to the Subcommittee on Communications, Technology,
and the Internet.
On October 8, 2009, the Subcommittee on Communications,
Technology, and the Internet met in open markup session and
forwarded H.R. 1258, amended, to the full Committee, by a voice
vote.
On March 10, 2010, the Committee on Energy and Commerce met
in open markup session and H.R. 1258 was ordered favorably
reported, as amended, by a voice vote.
On April 13, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 1258 (H. Rept. 111-461).
On April 14, 2010, H.R. 1258 passed the House, as amended,
under suspension of the rules by a voice vote.
On April 15, 2010, the Senate received H.R. 1258 as amended
by the House and placed the bill on the Senate Legislative
Calendar.
S. 30, the Senate companion bill to H.R. 1258, was
introduced on January 7, 2009, and referred to the Committee on
Commerce, Science, and Transportation. Consideration by the
Senate Committee was held on November 11, 2009 and reported
without amendment.
On February 23, 2010, S. 30 passed the Senate with an
amendment by unanimous consent.
On February 24, 2010, S. 30 was received in the House and
subsequently referred to the Committee on Energy and Commerce.
On December 15, 2010, S. 30, as amended by the Senate,
passed the House under suspension of the rules by a voice vote,
clearing the measure for the White House.
The bill S. 30, as approved by the House and the Senate,
was presented to the President on December 17, 2010.
On December 22, 2010, S. 30 was signed into law by the
President and became Public Law 111-331.
TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010
Public Law 111-260 (H.R. 3101, S. 3304)
MAKING TECHNICAL CORRECTIONS IN THE TWENTY-FIRST CENTURY COMMUNICATIONS
AND VIDEO ACCESSIBILITY ACT OF 2010
Public Law 111-265 (S. 3828)
To update the communications laws to help ensure that
individuals with vision, hearing, and other disabilities are
able to utilize fully broadband services and equipment and
better access video programming devices.
Summary
H.R. 3101 updates the communications laws to help ensure
that individuals with disabilities are able to utilize fully
communications services and equipment and better access video
programming. The bill requires that all equipment that enables
voice communications be compatible with hearing aids; requires
makers of Internet access equipment, including hardware and
software makers, to ensure that their products are accessible,
unless doing so is not achievable; and requires providers of
Internet access services or makers of Internet access equipment
to make the user interfaces for such products accessible if
achievable.
The bill requires the FCC to conduct inquiries and issue
reports to Congress regarding closed captioning and video
description of programming, on user interfaces in equipment
designed to display video programming, and on video programming
guides and menus. H.R. 3101 also requires the FCC to issue
regulations to ensure that equipment used to view video
programming, including devices with small screens, be capable
of displaying closed captioning, passing through video
description services, and conveying emergency information.
The bill reinstates the FCC's video description rules that
were vacated by the D.C. Circuit Court of Appeals in 2002, and
grants the Commission authority to expand the hourly
requirements of those rules after a period of years and after a
series of reports. H.R. 3101 requires the FCC to issue
regulations to mandate the provision of closed captioning with
video programming distributed over the Internet to ensure that
video programming providers convey emergency information in a
manner that is accessible to individuals who are visually
impaired. Finally, H.R. 3101 requires that user interfaces for
equipment used to view video programming are accessible and
requires that remote controls for such devices have a button or
functionally equivalent mechanism to access accessibility
features.
Legislative History
On June 26, 2009, H.R. 3101 was introduced by Rep. Edward
J. Markey (D-MA) and referred to the Committee on Energy and
Commerce. On July 7, 2009, H.R. 3101 was referred to the
Subcommittee on Communications, Technology, and the Internet.
On June 10, 2010, the Subcommittee on Communications,
Technology, and the Internet held a hearing on H.R. 3101,
receiving testimony from a person with disabilities, an
organization representing Americans with disabilities, a
telecommunications association, a wireless association, a cable
association and a consumer electronics association.
On June 30, 2010, the Subcommittee on Communications,
Technology, and the Internet met in open markup session and
forwarded H.R. 3101, amended, to the full Committee, by a voice
vote.
On July 21, 2010, the Committee on Energy and Commerce met
in open markup session and H.R. 3101 was ordered favorably
reported, as amended, by a voice vote.
On July 26, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 3101 (H. Rept. 111-563). The
same day, H.R. 3101 passed the House, under suspension of the
rules, by a rollcall vote of 348-23.
On July 27, 2010, the Senate received H.R. 3101 with the
House amendment and on August 5, 2010, the bill was placed on
the Senate Legislative Calendar. For further action on this
bill, see action on S. 3304 and S. 3828.
On August 3, 2010, S. 3304, a Senate companion bill to H.R.
3101, was reported to the Senate, as amended, by the Senate
Committee on Commerce, Science, and Transportation.
On August 5, 2010, S. 3304 passed the Senate with an
amendment by unanimous consent.
On August 9, 2010, the House received S. 3304 and held the
bill at the desk.
On September 22, 2010, S. 3828, a bill to make technical
corrections to S. 3304 and the amendments made by that Act, was
introduced and passed in the Senate without amendment by
unanimous consent.
On September 23, 2010, S. 3828 was received in the House
and referred to the Committee on Energy and Commerce.
On September 28, 2010, the House called up both S. 3304, as
amended, and S. 3828 and passed each bill under suspension of
the rules by voice votes, clearing the measures for the White
House.
On September 30, 2010, both S. 3304 and S. 3828 were
presented to the President.
On October 8, 2010, S. 3304 was signed into law by the
President and became Public Law 111-260.
On October 8, 2010, S. 3828 were signed by the President
and became Public Law 111-265.
THE RADIO SPECTRUM INVENTORY ACT
(H.R. 3125)
To require an inventory of spectrum bands managed by the
National Telecommunications and Information Administration
(NTIA) and the Federal Communications Commission (FCC).
Summary
H.R. 3125 requires the NTIA and the FCC to develop jointly
a publicly-accessible spectrum inventory and submit regular
reports to Congress regarding such an inventory. It also
requires those agencies to make periodic recommendations as to
which spectrum frequencies, if any, should be reallocated or
otherwise made available for shared access.
Legislative History
On July 8, 2009, Rep. Waxman of California with Reps.
Boucher of Virginia, Barton of Texas, and Stearns of Florida,
and 14 additional members of the Committee on Energy and
Commerce, introduced H.R. 3125, the Radio Spectrum Inventory
Act. The bill was referred to the Committee on Energy and
Commerce on July 8, 2009. On July 9, 2009, H.R. 3125 was
referred to the Subcommittee on Communications, Technology, and
the Internet.
On December 15, 2009, the Subcommittee on Communications,
Technology, and the Internet held a hearing on H.R. 3125,
receiving testimony from a public policy foundation, academia,
a representative of a private corporation, a wireless
association, a broadcasters association and a representative of
a small technology company.
On January 21, 2010, the Subcommittee on Communications,
Technology, and the Internet met in open markup session to
consider H.R. 3125. The Subcommittee adopted an Amendment in
the Nature of a Substitute offered by Subcommittee Chairman
Boucher and forwarded H.R. 3125 to the full Committee, amended,
by a voice vote.
On March 10, 2010, the Committee on Energy and Commerce met
in open markup session on H.R. 3125, and adopted an amendment
in the nature of a substitute (manager's amendment) by a voice
vote, which was offered by Chairman Waxman on behalf of himself
and Reps. Boucher, Barton, and Stearns. Subsequently, H.R. 3125
was ordered favorably reported to the House, amended, by a
voice vote.
On April 13, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 3125 (H. Rept. 111-462).
On April 14, 2010, the House passed H.R. 3125, as amended,
under suspension of the rules, by a voice vote.
On April 15, 2010, the Senate received H.R. 3125 as passed
by the House, and referred the bill to the Senate Committee on
Commerce, Science, and Transportation.
There was no further action taken on H.R. 3125 in the 111th
Congress. (Additional activity related to provisions of this
legislation may be found in the Subcommittee's section on
Oversight Activities under ``Spectrum Policy and Wireless
Consumer Protection.'')
THE SPECTRUM RELOCATION IMPROVEMENT ACT OF 2009
(H.R. 3019)
To improve the process of clearing federal users from
spectrum that has been reallocated for commercial use.
Summary
H.R. 3019 amends the National Telecommunications and
Information Administration Organization Act to require the NTIA
to post on its website detailed transition plans from each
federal entity that is eligible for payments from the Spectrum
Relocation Fund for costs related to the reallocation of
frequencies from federal to nonfederal use; requires the
federal entities, to the fullest extent possible, to provide
for sharing and coordination of eligible frequencies with
commercial licensees; requires federal entities to complete
spectrum relocation within one year of receiving relocation
payments.
Legislative History
On June 24, 2009, H.R. 3019 was introduced by Reps. Inslee
of Washington, Boucher of Virginia, and Upton of Michigan, and
referred to the Committee on Energy and Commerce. On June 25,
2009, H.R. 3019 was referred to the Subcommittee on
Communications, Technology, and the Internet.
On December 15, 2009, the Subcommittee on Communications,
Technology, and the Internet held a hearing on H.R. 3019,
receiving testimony from policy groups, private companies, a
wireless association, a broadcasters association, and academia.
On January 21, 2010, the Subcommittee on Communications,
Technology, and the Internet met in open markup session to
consider the bill and forwarded H.R. 3019 to the full Committee
without amendment by a voice vote.
On March 10, 2010, the Committee on Energy and Commerce met
in open markup session to consider H.R. 3019 and subsequently
ordered the bill favorably reported to the House without
amendment by a voice vote.
No further action was taken on H.R. 3019 in the 111th
Congress.
Oversight Activities
THE AMERICAN RECOVERY AND REINVESTMENT ACT
The Subcommittee on Communications, Technology, and the
Internet held general oversight hearings to examine issues
related to the broadband programs created by the American
Recovery and Reinvestment Act (Recovery Act), the Broadband
Technology Opportunities Program (BTOP) established within the
National Telecommunications and Information Administration
(NTIA), and the Broadband Initiatives Program (BIP)
administered by the Rural Utility Service (RUS) within the U.S.
Department of Agriculture. The hearings examined efforts by the
NTIA, the Federal Communications Commission (FCC), and the RUS
to carry out the broadband programs established by the Recovery
Act.
The first of these hearings occurred on April 2, 2009. At
the hearing, the Subcommittee received testimony from
representatives of the NTIA, FCC, and RUS, as well as from
industry stakeholders and other experts regarding
implementation of the broadband programs.
On September 10, 2009, the Subcommittee held another
hearing at which it received testimony focusing on the BTOP and
the BIP programs. This hearing featured the head of NTIA,
Assistant Secretary for Communications and Information Lawrence
E. Strickling as well as RUS Administrator Jonathan Adelstein.
On March 4, 2010, the Subcommittee held a third hearing
focusing on the BTOP and the BIP. Representatives of the NTIA
and RUS testified before the subcommittee.
DIGITAL TELEVISION TRANSITION
Since June 12, 2009, full-power television stations
nationwide have been broadcasting exclusively in a digital
format. The benefits of the DTV transition include more
broadcast television programming with better picture and sound
quality and the freeing up of spectrum for innovative and wide-
reaching wireless services.
The Digital Television Transition and Public Safety Act of
2005 (``DTV Act''), established February 17, 2009 as the date
by which all full-power television stations must have converted
to digital-only broadcasts. The DTV Act also established a
coupon program administered by the NTIA that offered eligible
households up to two $40 coupons, each of which could be used
to acquire a converter box to enable analog televisions not
connected to cable, satellite, or other pay-TV services to
receive broadcasters' digital signals.
On January 8, 2009, the Obama-Biden transition team asked
the House Committee on Energy and Commerce and the Senate
Committee on Commerce, Science and Transportation to consider
postponing the DTV transition date. The President-elect's team
cited numerous problems with the planned DTV transition,
including inadequate consumer education and support, as well as
the fact that over a million households were then on a waiting
list to receive a coupon, with little hope of actually
receiving one prior to the February 17, 2009, deadline.
Congress responded to this request by passing S. 352, the DTV
Delay Act, which set a new DTV transition date of June 12,
2009. As part of the Recovery Act, Congress also appropriated
$650 million for additional funding for the Converter Box
Coupon Program and DTV transition consumer education efforts.
S. 352, the DTV Delay Act, was signed by President Obama on
February 11, 2009.
On March 26, 2009, the Subcommittee held a hearing titled
``Oversight of the Digital Television Transition.'' The hearing
focused on the administration of the Converter Box Coupon
Program by the NTIA, outreach and consumer education efforts by
the FCC, and the status of the transition from the perspective
of stakeholders.
On April 9, 2009, Chairman Waxman and Subcommittee Chairman
Boucher requested information from manufacturers and retailers
of TV converter boxes to determine whether there would be an
adequate supply of coupon-eligible converter boxes to meet
demand during the transition to digital television.
On November 9, 2009, Chairman Waxman and Subcommittee
Chairman Boucher sent a letter to Acting Comptroller General of
the Government Accountability Office (GAO) to request
assistance in examining the status of low-power broadcast and
TV translator stations' transition to digital-only broadcast.
FEDERAL COMMUNICATIONS COMMISSION
During the 111th Congress, the Committee conducted vigorous
oversight of the Federal Communications Commission. All five
FCC Commissioners appeared before the Subcommittee on
Communications, Technology, and the Internet twice, and FCC
Chairman Genachowski appeared at an additional hearing devoted
to the topic of distracted driving. Acting Chairman Copps also
testified at an additional hearing on the digital television
transition.
On September 17, 2009, the Subcommittee on Communications,
Technology and the Internet held a hearing titled ``Oversight
of the Federal Communications Commission'' that became the
first oversight hearing of the agency since Julius Genachowski
became Chairman of the Commission. Other witnesses for the
hearing were Commissioners Michael J. Copps, Robert M.
McDowell, Mignon Clyburn, and Meredith Attwell Baker. Topics of
the hearing included the National Broadband Plan (NBP), public
safety interoperable broadband network, universal service and
intercarrier compensation reform, special access, net
neutrality, spectrum availability, wireless competition, as
well as FCC management and process, among others.
On November 17, 2009, Chairman Waxman and Subcommittee
Chairman Boucher sent a letter to Acting Comptroller General of
the GAO requesting assistance in examining a number of issues
pertaining to the FCC's fee structure.
On February 2, 2010, Chairman Waxman sent a letter to FCC
Chairman Genachowski to express the importance of adopting
permanent network neutrality rules that do not undermine
copyright laws and efforts to protect content from theft.
The Subcommittee also conducted oversight of the FCC's
Broadband Plan through four separate hearings solely dedicated
to the plan and topics therein. On March 25, 2010, the
Subcommittee on Communications, Technology, and the Internet
held another hearing at which it received testimony from all
five FCC Commissioners concerning the NBP as well as on a
variety of communications policy matters.
On May 5, 2010, Chairman Waxman and Senate Committee on
Commerce, Science, and Transportation Chairman Rockefeller sent
a letter to Julius Genachowski, Chairman of the FCC, following
the opinion of the U.S. Court of Appeals for the District of
Columbia Circuit in Comcast Corp v. Federal Communications
Commission. The ruling created legal and regulatory uncertainty
regarding the FCC's authority to adopt regulations and
implement the broad objectives of the NBP. The Chairmen called
on the FCC to consider all viable options to move forward after
the Comcast decision, including a change in the classification
of broadband services, to protect broadband consumers and
implement the NBP. The Chairmen noted that if there is a need
to rewrite communications law to provide consumers, the FCC,
and industry with an updated framework for telecommunications
policy, they are committed as Committee Chairmen to doing so.
NATIONAL BROADBAND PLAN
The Subcommittee on Communications, Technology, and the
Internet held a series of oversight hearings following the
FCC's release of its National Broadband Plan (NBP). The NBP was
the result of provisions initially adopted by the Committee on
Energy and Commerce during the January 22, 2009, markup of the
broadband programs in title VI of the American Recovery and
Reinvestment Act of 2009. The Committee adopted an amendment
directing the FCC to submit a National Broadband Plan to
Congress. The statute required that the plan seek to ensure
that all American people have access to broadband capability
and establish benchmarks for meeting that goal.
The statute also required that the NBP include an analysis
of the most effective mechanisms for ensuring broadband access;
a strategy to achieve affordability for broadband access; an
evaluation of the status of broadband deployment; and a plan
for advancing broadband use in relation to a variety of
national purposes, such as public safety, health care delivery,
energy independence, and education.
On March 16, 2010, after holding dozens of public
workshops, issuing 31 public notices and receiving comments
from more than 700 parties, the FCC released the NBP.
Generally, the NBP presents an analysis of the state of
broadband deployment and adoption in the United States and puts
forth numerous recommendations for action by the FCC, the
executive branch, and Congress.
The first oversight hearing concerning the NBP, held on
March 25, 2010, was titled ``Oversight of the Federal
Communications Commission: The National Broadband Plan.'' All
five FCC commissioners provided testimony.
On April 21, 2010, the Subcommittee held the second in this
series of hearings addressing issues raised in the NBP. Titled
``The National Broadband Plan: Deploying Quality Broadband
Services to the Last Mile,'' the hearing examined assessments
in the NBP of the availability of broadband and how to best
deploy it to areas that are unserved and underserved, so that
all Americans can benefit from quality broadband services.
Witnesses included a representative from the FCC and the RUS, a
representative of a public utility association, consumer
advocates, and an economist.
On April 29, 2010, the Subcommittee held a third hearing,
titled ``The National Broadband Plan: Competitive Availability
of Navigation Devices,'' to examine recommendations in the NBP
to stimulate competition and innovation in the market for set-
top boxes and other video navigation devices. The Subcommittee
received testimony from a consumer advocate, a cable
association, a satellite television provider, and companies
that produce and utilize set-top boxes.
On May 13, 2010, the Subcommittee held the fourth of this
series of hearings addressing issues raised in the NBP. The
hearing, titled ``The National Broadband Plan: Promoting
Broadband Adoption,'' examined recommendations in the NBP for
increasing broadband adoption, including ways to ensure that
all Americans are able to subscribe to broadband and educating
consumers about the benefits of broadband. The Subcommittee
received testimony from the FCC, a state telecommunications
representative, a library association, and non-profit
organizations.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
On June 4, 2009, the Subcommittee on Communications,
Technology, and the Internet held a hearing to examine issues
related to the Internet Corporation for Assigned Names and
Numbers (ICANN), including the expiring Joint Project Agreement
(JPA) between the Department of Commerce and ICANN, as well as
ICANN's proposed introduction of new generic Top Level Domains
(gTLDs). The Subcommittee received testimony from the
Department of Commerce, the Chief Executive Officer of ICANN, a
technology policy group, and industry representatives.
On August 4, 2009, Chairman Waxman of California, Chairman
Emeritus Dingell of Michigan, Subcommittee Chairman Boucher of
Virginia, and Committee members Reps. Markey of Massachusetts,
Stupak of Michigan, Eshoo of California, Doyle of Pennsylvania,
Matsui of California, Christensen of the Virgin Islands, Space
of Ohio, and McNerney of California sent a letter to U.S.
Department of Commerce Secretary Locke regarding the expiration
of the JPA between the United States and the ICANN, which
promotes the stability, security, and functionality of the
Internet Domain Name System (DNS). The members emphasized that
rather than replacing the expiring JPA with additional JPAs or
Memoranda of Understanding that expire every few years, a
permanent instrument should be in place to ensure that ICANN
remains perpetually accountable to the public and to all of its
global stakeholders. Such permanent instrument should provide
for periodic reviews of ICANN's performance with respect to
transparency and accountability, create a mechanism for ICANN's
implementation of any new gTLDs and internationalized domain
names, and ensure that ICANN will adopt measures to maintain
timely and public access to accurate and complete WHOIS
information, as well as include commitments that ICANN will
remain a not-for-profit corporation headquartered in the United
States.
PUBLIC SAFETY BROADBAND COMMUNICATIONS
During the 111th Congress, the Committee on Energy and
Commerce conducted extensive oversight to ensure that our
nation's first responders have access to interoperable networks
that will allow them to communicate effectively during any
emergency.
On Thursday, September 24, 2009, the Subcommittee on
Communications, Technology, and the Internet held a hearing
titled ``A National Interoperable Broadband Network for Public
Safety: Recent Developments.'' The hearing focused on three
proposals that emerged in the aftermath of the FCC's
unsuccessful auction of the ``D Block'' of 700 MHz spectrum in
2008. The Subcommittee considered proposals from the Major
Cities Chiefs Association and the Competitive Commercial
Carriers, as well as a restructured auction of the D Block by
the FCC based on a public/private partnership.
On June 17, 2010, the Subcommittee held a hearing on a
bipartisan staff discussion draft to provide funding for the
construction and maintenance of a nationwide, interoperable
public safety broadband network. The discussion draft was
developed jointly by staff for Chairman Waxman, Subcommittee
Chairman Boucher, full Committee Ranking Member Barton, and
Subcommittee Ranking Member Stearns. The Subcommittee received
testimony from the FCC, a public policy group, the New York
Police Department, a fire fighters association, an emergency
communications association, an academic, and telecommunications
companies.
On June 30, 2010, Chairman Waxman, Subcommittee Chairman
Boucher, Ranking Member Barton, and Subcommittee Ranking Member
Stearns sent a letter to FCC Chairman Julius Genachowski
requesting information related to the market for public safety
communications equipment and devices.
SPECTRUM POLICY AND WIRELESS CONSUMER PROTECTION
The Subcommittee on Communications, Technology, and the
Internet spent significant time monitoring the development of
wireless broadband services and the impact of wireless carrier
practices on consumers. The Subcommittee took note of the
structure of the industry and how that structure affects
competition and choice for consumers. Wireless carriers have
suggested that the current U.S. allocation of spectrum for
mobile broadband services compares poorly with other nations of
the Organisation for Economic Co-operation and Development
(OECD) and is inadequate to meet rapidly growing demand. That
view has been echoed by FCC Chairman Julius Genachowski. As
part of the NBP, the FCC has issued several notices seeking
comment on current use of spectrum and the need for additional
spectrum to meet the demand for wireless broadband services.
On May 7, 2009, the Subcommittee on Communications,
Technology, and the Internet held a hearing to examine issues
related to the status of wireless competition in the United
States. The hearing examined issues affecting wireless
competition such as the role of states in regulating terms and
conditions of wireless services, handset exclusivity and
availability, local number portability, voice and data roaming,
tower siting, and wireless backhaul. Representatives from
medium-size and rural wireless carriers, along with public
interest and consumer groups, testified at the hearing.
To provide policymakers with greater transparency
concerning current uses of spectrum and the availability of
spectrum for new and innovative services, Chairman Waxman,
Subcommittee Chairman Boucher, Ranking Member Barton,
Subcommittee Ranking Member Stearns, and several other members
of the Committee on Energy and Commerce introduced H.R. 3125,
the Radio Spectrum Inventory Act in July 2009. The legislation
would require an inventory of the radio spectrum bands managed
by the NTIA and the FCC, including the amount and type of use.
Rep. Inslee of Washington also introduced legislation
regarding spectrum policy that the Subcommittee considered
along with H.R. 3125 at a hearing on December 15, 2009, and a
Subcommittee markup on January 21, 2010. The bill, H.R. 3019,
would amend the National Telecommunications and Information
Administration Organization Act to require the NTIA to post on
its website detailed transition plans from each Federal entity
that is eligible for payments from the Spectrum Relocation Fund
for costs related to the reallocation of frequencies from
federal to nonfederal use. It would require the federal
entities, to the fullest extent possible, to provide for
sharing and coordination of eligible frequencies with
commercial licensees.
On November 17, 2009, Chairman Waxman and Subcommittee
Chairman Boucher sent a letter to Gene Dodaro, Acting
Comptroller General of the GAO, requesting the agency to
examine a number of important spectrum issues. Specifically,
Chairmen Waxman and Boucher asked GAO to evaluate matters
related to federal spectrum uses, commercial spectrum uses, and
spectrum sharing opportunities.
President Obama has also indicated an increased focus
within the Administration on spectrum policy and management. On
June 28, 2010, the President signed a Presidential Memorandum
to commit the federal government to a sustained effort to make
available 500 MHz of federal and commercial spectrum over the
next 10 years to foster investment and economic growth and to
meet the burgeoning demand for mobile and fixed broadband.
On July 14, 2010, in response to a letter from Sen.
Rockefeller of West Virginia as Chairman of the Senate
Committee on Commerce, Science, and Transportation, FCC
Chairman Genachowski announced that the Commission had begun
creating an inventory of existing spectrum allocation,
assignment, and utilization. On August 31, 2010, Chairman
Waxman, Subcommittee Chairman Boucher, Ranking Member Barton,
and Subcommittee Ranking Member Stearns sent letters to FCC
Chairman Genachowski and Assistant Secretary for Communications
and Information Larry Strickling outlining certain requirements
for a spectrum inventory outlined in the House-passed
legislation (H.R. 3125) that merit inclusion in the
commission's effort to create an inventory. The provisions
included a requirement that the agencies jointly submit reports
to congressional committees containing recommendations as to
which spectrum frequencies, if any, should be reallocated or
otherwise made available for shared access, among others.
On November 15, 2010, the NTIA issued a report in response
to the Presidential Memorandum detailing efforts by NTIA to
nearly double commercial wireless spectrum. The plan included a
timetable for identifying spectrum that can be made available
for wireless broadband over the next 10 years, as well as a
fast track evaluation that identified 115 megahertz of spectrum
to be made available within 5 years.
TRAFFIC PUMPING
On October 14, 2009, Chairman Waxman, Subcommittee Chairman
Boucher, and Subcommittee on Oversight and Investigations
Chairman Stupak sent letters to AT&T, Qwest, Sprint, and
Verizon requesting information concerning access charges and
so-called ``traffic pumping'' arrangements. They sought details
on the nature and scope of these arrangements as well as the
steps companies take to resolve undisputed charges. The members
were concerned that certain companies may be engaged in
regulatory arbitrage to the detriment of consumers.
On February 16, 2010, Chairman Waxman and Subcommittee
Chairmen Boucher and Stupak sent letters to 24
telecommunications companies to assist the Committee in its
ongoing review of access charges and traffic pumping
arrangements. The Committee sought additional information
concerning allegations that the existing access charge regime
may create incentives for companies to charge excessive rates
for completing calls. The Committee has not reached a
conclusion whether legislative changes are appropriate or
necessary concerning this practice.
COMMUNICATIONS ACT UPDATE
On May 24, 2010, there was a joint announcement made by
House Chairman Waxman and Subcommittee Chairman Boucher of the
Committee on Energy and Commerce with Sen. Rockefeller, Senate
Chairman of the Committee on Commerce, Science, and
Transportation, and Sen. Kerry of Massachusetts, Senate
Chairman of the Senate Subcommittee on Communications,
Technology, and the Internet, that they will start a process to
develop proposals to update the Communications Act. This
process would include bicameral, bipartisan, staff-led
stakeholder sessions.
The first set of staff-led stakeholder sessions convened on
June 25, 2010, addressing broadband regulation and FCC
authority, with a focus on protecting consumers and promoting
broadband investment. A follow-up session held on July 2, 2010,
covered the same topic in more detail. On July 16, 2010, a
third bicameral, bipartisan stakeholder meeting was held to
address spectrum policy, with a follow-up session on July 23,
2010. A fifth bipartisan House-only session was held on August
6, 2010, to discuss issues related to broadband regulation and
FCC authority, this time with a focus on ensuring the integrity
and protection of content against theft.
BROADBAND AND INTERNET FREEDOM
In response to the Comcast v. FCC decision by the D.C.
Circuit that called into question the ability of the FCC to
oversee and regulate broadband Internet access services,
Chairman Waxman and Subcommittee Chairman Boucher sought to
reach a bipartisan agreement on legislation that would protect
and promote an open Internet. The proposal was designed to be
an interim measure to protect net neutrality while Congress
considers a permanent solution. It contained four key consumer
protections that would restore FCC authority to prevent
blocking of Internet content; applications, and services;
prevent phone and cable companies from unjustly or unreasonably
discriminating against any lawful Internet traffic; prohibit
wireless broadband providers from blocking websites, as well as
applications that compete with voice or video conferencing; and
direct the FCC to issue transparency regulations.
The proposed legislation was not introduced as a bill
because it failed to garner bipartisan support. On December 1,
2010, however, Chairman Waxman sent a letter to FCC Chairman
Julius Genachowski that attached an authorized copy of the
proposed legislation so that the Commission and the public
would have access to an accurate version of the proposed
compromise.
COMMUNICATIONS NETWORKS AND CONSUMER PRIVACY
The Subcommittee on Communications, Technology, and the
Internet focused extensively on the topic of consumer privacy.
On April 23, 2009, the Subcommittee held a hearing titled
``Communications Networks and Consumer Privacy: Recent
Developments.'' The hearing reviewed technologies used by
network operators to monitor their subscribers' use of the
Internet and how those technologies affect consumer privacy.
The hearing explored three ways to monitor consumer usage on
broadband and wireless networks: Deep packet inspection (DPI);
information collection by digital set-top boxes; and wireless
Global Positioning System (GPS) tracking.
Several joint hearings were held on this subject by the
Subcommittee on Communications, Technology, and the Internet
and the Subcommittee on Commerce, Trade, and Consumer
Protection. On June 18, 2009, the subcommittees held the first
joint hearing titled ``Behavioral Advertising: Industry
Practices and Consumers' Expectations.'' Over the last decade,
advertisers, ad agencies, and online ad networks have developed
sophisticated advertising tools that track individual users'
online activities over time in order to deliver advertising
tailored to users' online activities. This practice, called
behavioral advertising, may be valuable, but it also raises
important privacy concerns. There are currently no federal laws
specifically governing the online advertising industry or the
practice of online behavioral targeting.
On November 19, 2009, the two subcommittees held another
joint hearing on privacy issues titled ``Exploring the Offline
and Online Collection and Use of Consumer Information.'' The
hearing examined the collection and commercial use of consumer
data in the offline and online marketplaces. Central to the
hearing's review of offline data collection was an examination
of the information broker industry, companies that are in the
business of buying and selling consumer information.
Information brokers maintain billions of data records on
millions of individuals. Although much of the information
collection and commercial uses of personal information are not
regulated under federal law, many companies and trade
associations have implemented privacy safeguards and offer
consumers choices about certain uses of their information.
Privacy practices vary widely, however, and consumer advocates
have called the current framework, which largely relies on
voluntary practices, inadequate.
On February 24, 2010, the two Subcommittees held a third
joint hearing titled ``The Collection and Use of Location
Information for Commercial Purposes.'' With the development of
cheaper and more efficient location-based technologies,
increased use of smart phones, the launch of geo-enabled Web
browsers, and the proliferation of location-based applications,
consumers everywhere are using the thousands of different
location-based services (LBS) and applications, which collect
and use location data, to communicate, socialize, travel, play,
and shop. A wide range of stakeholders have raised privacy
concerns regarding the collection and use of location
information. Some of the concerns mirror privacy concerns that
have been raised in other contexts, including discussions about
the collection and use of personally identifiable information
in the online environment.
On May 4, 2010, Subcommittee Chairman Boucher and
Subcommittee Ranking Member Stearns released a discussion draft
of legislation to assure the privacy of personally identifiable
information about individuals both on the Internet and offline.
COMPETITION IN THE COMMUNICATIONS MARKETPLACE
During the 111th Congress, the Subcommittee on
Communications, Technology, and the Internet examined the state
of competition in the communications marketplace with an
emphasis on wireless competition. On May 7, 2009, the
Subcommittee on Communications, Technology, and the Internet
held a hearing titled ``An Examination of Competition in the
Wireless Industry.'' At the hearing Chairman Waxman and
Subcommittee Chairman Boucher both noted the increasing role
that wireless technology plays in the lives of Americans as
evidenced by the number of people who rely solely on wireless
phones and have no landline service.
On October 22, 2009, the Subcommittee held a hearing titled
``Video Competition in a Digital Age.'' The hearing examined
competition in the video programming marketplace, including
access by multichannel video programming distributors and
consumers to programming both offline and online. The
Subcommittee received testimony from video programmers and
distributors, content creators, and a public policy group.
The Subcommittee also carefully examined the proposed joint
venture between Comcast and NBC Universal. On February 4, 2010,
the Subcommittee held a hearing titled ``An Examination of the
Proposed Combination of Comcast and NBC Universal.'' The
hearing focused on the proposed Comcast/NBC Universal joint
venture and its potential impact on the video programming and
broadband marketplace. The Subcommittee received testimony from
representatives of Comcast and NBC Universal (NBCU), as well as
a representative of the NBC affiliates board, a regional cable
and broadband provider, a consumer advocacy group, and a public
policy group.
On July 8, 2010, the Subcommittee held a field hearing at
the Everett Dirksen Federal Building in Chicago, Illinois
titled ``Comcast and NBC Universal: Who Benefits?'' This
hearing focused on the proposed Comcast/NBC Universal joint
venture, its potential impact on the video programming and
broadband marketplace, and updates to the voluntary commitments
made by Comcast and NBC Universal since the February hearing.
On December 7, 2010, Chairman Waxman sent a letter to FCC
Chairman Julius Genachowski expressing his belief that the
Commission and the Department of Justice should impose
conditions on the proposed combination of Comcast and NBCU in
order to protect consumers and promote competition. The
conditions include program access requirements to protect
competing program distributors, program carriage requirements
to protect unaffiliated cable programmers, open Internet
requirements to protect and promote the emerging online video
market, and conditions that measurably strengthen the creative
and economic opportunities of independent writers, producers,
and directors.
On August 26, 2010, Chairman Waxman, Subcommittee Chairman
Boucher, and Subcommittee on Energy and the Environment
Chairman Markey released a report by the GAO that examined
changes in the wireless industry over the past decade, consumer
and stakeholder perspectives of regulatory policies and
industry practices, and FCC strategies to monitor industry
competition. GAO recommended that the FCC expand its data
collection on such metrics as special access rates, prices, and
capital expenditures in order to improve its monitoring and
annual reporting on competition in the wireless market.
The GAO report, titled ``Enhanced Data Collection Could
Help FCC Better Monitor Competition in the Wireless Industry,''
reviewed the changes in the wireless industry since 2000,
noting an increase in consumer usage of wireless services and
the consolidation among wireless carriers during this period.
These changes have benefited consumers through lower prices and
better coverage. Industry consolidation, however, has also
reduced the ability of small and regional carriers to be
competitive, raising concerns that a lack of competition in the
market could result in higher fees and deteriorating service
for consumers.
GAO recommended that the FCC more closely monitor industry
practices that may jeopardize wireless competition as part of
its statutory reporting and monitoring of wireless competition.
The report also recommended that the FCC collect original data
on pricing, capital expenditures by wireless carriers, and
other metrics, and continue to examine the impact of early
termination fees and exclusive handset arrangements.
DISTRACTED DRIVING
On November 4, 2009, the Subcommittee on Communications,
Technology and the Internet and the Subcommittee on Commerce,
Trade, and Consumer Protection held a joint hearing titled
``Driven To Distraction: Technological Devices and Vehicle
Safety.'' The hearing examined safety issues related to drivers
distracted by wireless or other electronic communications
devices built in or brought into the vehicle. The Subcommittees
received testimony from the FCC, the U.S. Department of
Transportation, consumer advocates, and representatives of the
wireless and automobile industry.
CYBERSECURITY
On May 1, 2009, the Subcommittee on Communications,
Technology, and the Internet held a hearing titled
``Cybersecurity: Network Threats and Policy Challenges.'' The
hearing explored threats to critical infrastructure, including
communications networks, power grids, and governmental
information systems. The Subcommittee received testimony from a
non-profit organization, an Internet security association, and
a company that provides cybersecurity-related clearinghouse
services.
UNIVERSAL SERVICE FUND OVERSIGHT AND REFORM
During the 111th Congress, the Subcommittee on
Communications, Technology, and the Internet conducted
oversight of the Federal Universal Service Fund (USF), with a
particular emphasis on controlling the size of the fund and
whether to allow use of USF support for the deployment of
broadband.
On March 12, 2009, the Subcommittee held a hearing titled
``The Universal Service Fund: Reforming High Cost Support.''
The purpose of the hearing was to examine the core principles
of universal service in light of advances in technology and the
changes in the communications marketplace. The Subcommittee
reviewed aspects of the USF as administered by the FCC,
possible reforms to the High Cost Fund, and the growing demand
for advanced services, including broadband and high-speed
mobile in high cost areas of the country. Chairman Waxman and
Subcommittee Chairman Boucher expressed the importance of the
principles of universal service and their commitment to
comprehensive reform of the USF.
On April 1, 2009, Chairman Waxman, Subcommittee Chairman
Boucher, Ranking Member Barton, and Subcommittee Ranking Member
Stearns sent a letter to Acting FCC Chairman Michael Copps to
request information concerning Universal Service Fund (USF)
disbursements. The Committee sought targeted information about
the top recipients of high-cost subsidy dollars from the USF.
The Committee made this information available to the public by
posting the FCC's response on the Committee on Energy and
Commerce website.
Legislation was developed from this oversight activity. On
November 17, 2009, the Subcommittee held a hearing on a
discussion draft of the Universal Service Reform Act of 2009.
The draft proposed alternatives for the Commission to consider
in broadening the contribution base; required the FCC to target
support better to high-cost areas, and provide for broadband to
be included as a supported service; it made a number of other
changes to the fund's administration.
On September 16, 2010, the Subcommittee held a hearing on
H.R. 5828, a bill to reform the federal universal service
provisions of the Communications Act of 1934. Introduced by
Subcommittee Chairman Boucher and Rep. Terry of Nebraska, the
bill would comprehensively reform the USF High Cost Fund.
On June 15, 2010, Chairman Waxman, Subcommittee Chairman
Boucher, Ranking Member Barton, and Subcommittee Ranking Member
Stearns sent a letter to FCC Chairman Genachowski requesting an
update to the June 2009 information request concerning USF
disbursements. The FCC response updating this information was
again posted on the Committee on Energy and Commerce website.
Hearings Held
Reauthorization of the Satellite Home Viewer Extension and
Reauthorization Act.--Oversight hearing on reauthorization of
the Satellite Home Viewer Extension and Reauthorization Act.
Hearing held on February 24, 2009. PRINTED, Serial No. 111-5.
Universal Service: Reforming the High-Cost Fund.--Oversight
hearing on the Universal Service Fund. Hearing held on March
12, 2009. PRINTED, Serial No. 111-13.
Oversight of the Digital Television Transition.--Oversight
hearing on the administration of the DTV Converter Box Coupon
Program by the NTIA, outreach and consumer education efforts by
the FCC, and the status of the transition from the perspective
of other stakeholders. Hearing held on March 26, 2009. PRINTED,
Serial No. 111-23.
Oversight of the American Recovery and Reinvestment Act:
Broadband.--Oversight hearing to examine issues related to the
broadband programs created by the Recovery Act. Hearing held on
April 2, 2009. PRINTED, Serial No. 111-26.
Communications Networks and Consumer Privacy: Recent
Developments.--Oversight hearing focusing on technologies
utilized by network operators to monitor consumer usage and how
those technologies intersect with consumer privacy. Hearing
held on April 23, 2009. PRINTED, Serial No. 111-31.
Cybersecurity: Network Threats and Policy Challenges.--
Oversight hearing to explore threats to critical
infrastructure, including communications networks, power grids,
and governmental information systems. Hearing held on May 1,
2009. PRINTED, Serial No. 111-35.
An Examination of Competition in the Wireless Industry.--
Oversight hearing to examine issues related to the status of
wireless competition in the United States. Hearing held on May
7, 2009. PRINTED, Serial No. 111-37.
Oversight of the Internet Corporation for Assigned Names
and Numbers (ICANN).--Oversight hearing to examine issues
related to the Internet Corporation for Assigned Names and
Numbers (ICANN). Hearing held on June 4, 2009. PRINTED, Serial
No. 111-42.
H.R.1147, the Local Community Radio Act of 2009, H.R.1133,
the Family Telephone Connection Protection Act of 2009, and
H.R.1084, the Commercial Advertisement Loudness Mitigation Act
(CALM Act).--Legislative hearing on three bills referred to the
Subcommittee. Hearing held on June 11, 2009. PRINTED, Serial
No. 111-47.
Discussion Draft of Legislation to Reauthorize the
Satellite Home Viewer Act.--Legislative hearing on a discussion
draft of legislation to reauthorize the Satellite Home Viewer
Act. Hearing held on June 16, 2009. PRINTED, Serial No. 111-51.
Behavioral Advertising: Industry Practices and Consumers'
Expectations.--Oversight hearing to examine the potential
privacy implications of behavioral advertising. Hearing held
jointly with the Subcommittee on Commerce, Trade, and Consumer
Protection on June 18, 2009. PRINTED, Serial No. 111-53.
Oversight of the American Recovery and Reinvestment Act:
Broadband Part 2.--Oversight hearing to examine the
Administration's implementation of the broadband programs
created under the American Recovery and Reinvestment Act of
2009. Hearing held on September 10, 2009. PRINTED, Serial No.
111-62.
Oversight of the Federal Communications Commission.--
Oversight hearing on views of FCC Commissioners on matters of
policy and process. The first oversight hearing since Julius
Genachowski became Chairman of the Federal Communications
Commission (FCC). Hearing held September 17, 2009. PRINTED,
Serial No. 111-65.
A National Interoperable Broadband Network for Public
Safety: Recent Developments.--Oversight hearing to focus on
three main proposals that have emerged in the aftermath of the
FCC's unsuccessful ``D Block'' auction in 2008. Hearing held on
September 24, 2009. PRINTED, Serial No. 111-67.
Video Competition in a Digital Age.--Oversight hearing to
examine competition in the video programming marketplace,
including access by multichannel video programming distributors
and consumers to programming both offline and online. Hearing
held on October 22, 2009. PRINTED, Serial No. 111-76.
Driven To Distraction: Technological Devices and Vehicle
Safety.--Oversight hearing to examine safety issues concerning
drivers distracted by wireless or other electronic
communications devices built in or brought into the vehicle.
Hearing held jointly with the Subcommittee on Commerce, Trade,
and Consumer Protection on November 4, 2009. PRINTED, Serial
No. 111-79.
Discussion Draft of the Universal Service Reform Act of
2009.--Legislative hearing on draft legislation to reform the
federal universal service provisions of the Communications Act
of 1934. Hearing held on November 17, 2009. PRINTED, Serial No.
111-81.
Exploring the Offline and Online Collection and Use of
Consumer Information II.--Oversight hearing on the state of
competition in the sports programming marketplace, including
the nature of programming distribution, consumer choice, and
other issues. Hearing held jointly with the Subcommittee on
Commerce, Trade, and Consumer Protection on November 19, 2009.
PRINTED, Serial No. 111-83.
H.R. 3125, the Radio Spectrum Inventory Act, and H.R. 3019,
the Spectrum Relocation Improvement Act of 2009.--Legislative
hearing on legislation to require an inventory of spectrum
bands managed by the NTIA and the FCC, and on legislation to
improve the process of clearing federal users from spectrum
that has been reallocated for commercial use. Hearing held on
December 15, 2009. PRINTED, Serial No. 111-89.
An Examination of the Proposed Combination of Comcast and
NBC Universal.--Oversight hearing to examine the proposed
Comcast/NBC Universal joint venture and its potential impact on
the video programming and broadband marketplace. Hearing held
on February 4, 2010. PRINTED, Serial No. 111-94.
The Collection and Use of Location Information for
Commercial Purposes.--Oversight hearing to examine privacy
concerns raised by use of location-based technologies. Hearing
held jointly with the Subcommittee on Commerce, Trade, and
Consumer Protection on February 24, 2010. PRINTED, Serial No.
111-98.
Oversight of the American Recovery and Reinvestment Act:
Broadband, Part Three.--Oversight hearing to examine the
Administration's implementation of the broadband programs
created by the American Recovery and Reinvestment Act of 2009.
Hearing held on March 4, 2010. PRINTED, Serial No. 111-101.
Oversight of the Federal Communications Commission: The
National Broadband Plan.--Oversight hearing to explore details
of the FCC's recently released National Broadband Plan. Hearing
held on March 25, 2010. PRINTED, Serial No. 111-109.
The National Broadband Plan: Deploying Quality Broadband
Services to the Last Mile. Oversight hearing to examine
assessments in the National Broadband Plan of the availability
of broadband and how to best deploy it to areas that are
unserved and underserved, so all Americans can benefit from
quality broadband services. Hearing held on April 21, 2010.
PRINTED, Serial No. 111-111.
The National Broadband Plan: Competitive Availability of
Navigation Devices.--Oversight hearing to examine
recommendations contained in the National Broadband Plan to
stimulate competition and innovation in set-top boxes and other
video navigation devices. Hearing held on April 29, 2010.
PRINTED, Serial No. 111-117.
The National Broadband Plan: Promoting Broadband
Adoption.--Oversight hearing to examine recommendations in the
National Broadband Plan for increasing broadband adoption,
including ways to ensure that all Americans are able to
subscribe to broadband and educating consumers about the
benefits of broadband. Hearing held on May 13, 2010. PRINTED,
Serial No. 111-124.
H.R. 3101, the 21st Century Communications and Video
Accessibility Act of 2009.--Legislative hearing on legislation
that would update the communications laws to help ensure that
individuals with vision, hearing, and other disabilities are
able to utilize fully broadband services and equipment and
better access video programming devices. Hearing held on June
10, 2010. PRINTED, Serial No. 111-131.
Discussion Draft to Provide Funding for the Construction
and Maintenance of a Nationwide, Interoperable Public Safety
Broadband Network, and for Other Purposes, and H.R. 4829, the
Next Generation 911 Preservation Act of 2010.--Legislative
hearing on a discussion draft of legislation that would provide
funding for constructing and maintaining an interoperable
public safety broadband network, and for other purposes, and on
legislation that would facilitate the migration from the
current generation of emergency communications systems to IP-
based emergency services known as Next Generation 911. Hearing
held on June 17, 2010. PRINTED, Serial No. 111-138.
Comcast and NBC Universal: Who Benefits?--Oversight hearing
to examine the proposed Comcast/NBC Universal joint venture and
its potential impact on the video programming and broadband
marketplace. Field hearing held in Chicago, Illinois, on July
8, 2010. PRINTED, Serial No. 111-142.
H.R. 5828, the Universal Service Reform Act of 2010.--
Legislative hearing on a bill to reform the federal universal
service provisions of the Communications Act of 1934. Hearing
held on September 16, 2010. PRINTED, Serial No. 111-156.
Subcommittee on Energy and Environment
Legislative Activities
THE AMERICAN RECOVERY AND REINVESTMENT ACT
Public Law 111-5 (H.R. 1, H.R. 629)
A legislative package to stimulate the economy through
creation of jobs and promotion of investment.
Summary
The energy provisions of H.R. 1, the American Recovery and
Reinvestment Act of 2009 (Recovery Act), were designed to
accelerate deployment of smart grid technology, provide energy
efficiency funds for the nation's schools and hospitals, offer
support for the nation's governors and mayors to tackle their
energy challenges, and establish a new loan guarantee program
to keep renewable energy on track during the economic crisis.
These provisions aimed to ensure that existing programs could
be scaled up so that funds would be invested promptly and
effectively.
The energy provisions included initiatives to jumpstart
smart grid demonstration projects in geographically diverse
cities, suburbs, and rural areas. This included an increase in
federal matching grants for smart grid technology from 20% to
50%. Under the Act, grantees are required to utilize open
internet-based protocols and standards when available and
lessons learned during demonstration projects will be available
to help others to deploy smart grid infrastructure.
The Act also created a temporary loan guarantee authority
to provide loan guarantees for commercial renewable energy
systems and electric power transmission systems that began
construction by September 30, 2011. In addition, the Act
increased the threshold for household eligibility for the
Weatherization Assistance Program from 150% to 200% of the
federal poverty income levels, and increased the per-home
maximum assistance from $2,500 to $5,000.
The Act further conditioned the award of State Energy
Program funding from the Economic Recovery Act upon a
notification to the Secretary of Energy by the governor that
the governor will seek to adopt certain utility regulatory
policies to encourage utility-sponsored gains in energy
efficiency and updated energy-efficient building codes.
In order to allow colleges and hospitals to become more
energy efficient, the Act also waived certain caps on grants
and loans so that larger energy efficiency projects will be
adequately supported.
Legislative History
On January 22, 2009, the Committee on Energy and Commerce
met in open markup session to consider five committee prints of
draft legislation on portions of the economic recovery package
within the jurisdiction of the Committee. Following the
approval of the committee prints relating to legislation on
broadband, energy, and health, a unanimous consent request by
Chairman Waxman was agreed to that all text after section 1 of
H.R. 629, the Energy and Commerce Recovery and Reinvestment Act
of 2009, be struck and replace with the text of the five
committee prints approved by the Committee, as amended. H.R.
629, as amended, was ordered favorably reported to the House.
On January 26, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 625 (H. Rept. 111-7, Part 1).
The legislative provision contained in this and other Committee
reports became part of H.R. 1, the American Recovery and
Reinvestment Act of 2009, which was introduced on January 26,
2009.
On January 28, 2009, H.R. 1 was considered by the House and
passed by a rollcall vote of 244-188.
On February 10, 2009, the Senate passed H.R. 1 with an
amendment by a rollcall vote of 61-37. The Senate insisted upon
their amendment, asked for a conference with the House, and
appointed conferees: Inouye, Baucus, Reid, Cochran, and
Grassley.
The House agreed to a motion to disagree with the Senate
amendment and agreed to a conference on February 10, 2009, by a
rollcall vote of 403-0. The Speaker appointed the conferees
from the House: Obey, Rangel, Waxman, Lewis of California, and
Camp.
On February 12, 2009, the conference report on H.R. 1
(House Rept. 111-16) was filed in the House.
On February 13, 2009, the House agreed to the conference
report by a rollcall vote of 246-183. On the same day, the
Senate agreed to the conference report by a rollcall vote of
60-38, clearing the measure for the White House.
On February 17, 2009, H.R. 1 was signed into law by the
President and became Public Law 111-5.
AMERICAN CLEAN ENERGY AND SECURITY ACT OF 2009
H.R. 2454 (H.R. 2998, S. 1733)
To create clean energy jobs, achieve energy independence,
reduce global warming pollution and transition to a clean
energy economy.
Summary
H.R. 2454, the American Clean Energy and Security Act
(ACES), creates millions of new clean energy jobs, enhances
America's energy independence, and protects the environment.
Key provisions in the bill:
(1) Require electric utilities to meet 20% of their
electricity demand through renewable energy sources and energy
efficiency by 2020.
(2) Invest in new clean energy technologies and energy
efficiency, including energy efficiency and renewable energy
($90 billion in new investments by 2025), carbon capture and
sequestration ($60 billion), electric and other advanced
technology vehicles ($20 billion), and basic scientific
research and development ($20 billion).
(3) Establish new energy-saving standards for new buildings
and appliances.
(4) Reduce carbon emissions from major U.S. sources by 17%
by 2020 and more than 80% by 2050 compared to 2005 levels.
Complementary measures in the legislation, such as investments
in preventing tropical deforestation, will achieve significant
additional reductions in carbon emissions.
(5) Protect consumers from energy price increases.
ACES requires retail electric suppliers to meet a growing
percentage of their load with electricity generated from
renewable resources and electricity savings. The combined
renewable electricity and electricity savings requirement
begins at 6% in 2012 and gradually rises to 20% in 2020. At
least three quarters (75%) of the requirement must be met by
renewable energy, except that upon receiving a petition from
the governor, the Federal Energy Regulatory Commission (FERC)
can reduce the renewable requirement to three-fifths (60%). In
2020, 15% of the electricity load in each state must be met
with renewable electricity and 5% with electricity savings.
Upon petition by the governor, the renewable requirement can be
reduced to 12% and the electricity savings can be increased to
8%.
In addition, the legislation requires the federal
government to meet 20% of its energy needs with renewable
energy by 2020.
ACES requires major sources of carbon emissions to obtain a
pollution permit called an ``allowance'' for each ton of carbon
dioxide or its equivalent that they emit. Through 2025, 13% of
these allowances are allocated to investments in clean energy
and energy efficiency. Using the Environmental Protection
Agency (EPA) estimates of allowance prices, ACES invests
roughly $190 billion through 2025 in clean energy and energy
efficiency programs, including: $90 billion in state programs
to promote renewable energy and energy efficiency; $60 billion
in carbon capture and sequestration technologies; $20 billion
in electric and other advanced technology vehicles; and $20
billion in basic research and development into clean energy and
energy efficiency. The investments in carbon capture and
sequestration include $10 billion generated through a small
``wires charge'' on electricity generated through fossil fuels.
Investments in clean energy continue after 2025, with 5% of
allowances being devoted to renewable energy and energy
efficiency, 5% to carbon capture and sequestration, and 1.5% to
research and development.
ACES establishes a new Clean Energy Deployment
Administration with $7.5 billion in funding to support private
investments in clean energy technologies, including nuclear
power. Other provisions promote private investment in clean
energy by reforming the existing title 17 loan guarantee
program.
ACES includes provisions to promote the deployment of smart
grid technology and transmission planning and siting. The
transmission provisions include federal backstop siting
authority in the Western interconnection for transmission lines
needed to meet demand for renewable energy.
ACES establishes targets for new standards for building
efficiency, requiring new buildings to be 30% more efficient in
2012 and 50% more efficient in 2016. States receive allowances
that they can sell to support adoption and enforcement of state
energy efficiency codes that meet the new standards. The
Department of Energy (DOE) must provide a federal backstop if a
state declines to adopt or enforce compliant codes. ACES also
establishes programs to help building owners retrofit existing
buildings, replace antiquated mobile homes with energy-
efficient models, and improve energy efficiency in multi-family
assisted housing projects.
ACES adopts new efficiency standards for lighting products,
commercial furnaces, and other appliances. The legislation also
modifies the DOE appliance standard-setting process to make it
more effective.
The bill requires EPA to promulgate carbon emission
standards for heavy-duty vehicles and off-road vehicles, such
as construction equipment, trains, and large ships. ACES also
integrates consideration of climate change into the existing
transportation planning process to further reduce
transportation-related energy consumption.
ACES contains measures to increase the efficiency of water
use and promote energy savings by the federal government and
other public institutions. The legislation also creates a new
energy efficiency program for small utilities with dedicated
funding. Additionally, ACES authorizes a high efficiency gas
turbine research program.
ACES contains three primary programs for reducing dangerous
carbon emissions that cause global warming: (1) a cap on large
domestic sources of emissions; (2) a program to reduce tropical
deforestation; and (3) an offset program. In addition, ACES
caps emissions of global warming pollutants that are
substitutes for ozone-depleting chemicals, and it requires EPA
to set performance standards for some uncapped sources of
emissions. Taken together, these programs will reduce carbon
emissions by 28% to 33% below 2005 levels by 2020. By 2050,
ACES will reduce carbon emissions by 80% below 2005 levels
through these programs.
Starting in 2012, ACES establishes annual tonnage limits on
emissions of carbon and other global warming pollutants from
large U.S. sources such as electric utilities and oil refiners.
Under these limits, carbon pollution from large sources must be
reduced by 17% below 2005 levels by 2020 and 83% below 2005
levels by 2050. To achieve these limits, ACES establishes a
system of tradable permits called ``emission allowances''
modeled after the successful Clean Air Act program to prevent
acid rain. This market-based approach provides economic
incentives for industry to reduce carbon emissions at the
lowest cost to the economy.
ACES directs EPA and the Department of State to use 5% of
the allowances to secure agreements from developing nations to
prevent tropical deforestation. This program will reduce carbon
emissions by an additional 10 percentage points below 2005
levels by 2020.
ACES allows capped sources to increase their carbon
emissions if they can obtain offsetting emission reductions
from uncapped sources at a lower cost. The legislation allows
capped sources to use offsets to acquire up to 2 billion tons
of emission credits annually. Half of these credits must come
from domestic sources, except that if insufficient domestic
offsets are available, up to 1.5 billion tons of emission
credits can be obtained from international offset projects.
Starting in 2017, ACES requires capped sources to turn in five
tons of international offsets to receive four tons of emission
credits. This mechanism will reduce carbon emissions by up to
an additional five percentage points below 2005 levels by 2020.
ACES contains multiple provisions to ensure the integrity
of offsets, including review by an independent scientific
panel. Offsets may not be obtained from sources in a foreign
nation until the United States has entered into an agreement
with the originating nation establishing the terms of the
offset program.
ACES directs the Secretary of Agriculture to establish a
program governing the generation of offset credits from
domestic agricultural and forestry sources. The Secretary must
promulgate methodologies for assessing the amount of offset
credits, including activity baselines, additionality
requirements, quantification methods, and leakage. The
legislation also directs the Secretary to establish
requirements to account for and address reversals, and it
allows for the issuance of term offset credits.
ACES contains numerous cost-containment measures including
unlimited banking, a two-year compliance period (which allows
borrowing one year in advance), and a strategic reserve of
allowances that are available for auction if allowance prices
exceed 160% of their three-year average. The proceeds of any
sales from the reserve will be used to acquire additional
international offsets, which will replenish the reserve at a
low cost and result in additional reductions in carbon
emissions. In addition, ACES establishes a minimum floor price
for auctioned allowances of $10 (in 2009 dollars) to provide
stability and investment certainty.
ACES uses a combination of regulatory requirements and
financial incentives to ensure that new coal-fired power plants
will operate with carbon capture and sequestration (CCS)
technology. All new coal plants permitted after 2020 must use
CCS when they commence operations. Coal plants permitted
between 2015 and 2020 lose eligibility for federal financial
assistance if they do not use CCS when they commence
operations; if they do not use CCS when they commence
operations, they must retrofit CCS by no later than 2025
without federal financial assistance. Coal plants permitted
between 2009 and 2015 lose eligibility for federal financial
assistance if they do not retrofit CCS within five years after
commencing operations; if they do not retrofit CCS by this
date, they must retrofit CCS by no later than 2025 without
federal financial assistance. The 2025 retrofit deadline is
accelerated if four gigawatts of electricity generation is
deployed with CCS before 2025; it may also be extended by EPA
by up to 18 months on a case-by-case basis.
ACES requires that major U.S. sources of emissions obtain
an allowance for each ton of carbon or its equivalent emitted
into the atmosphere.
For the period from 2012 through 2025, 55% of the
allowances would be used to protect consumers from energy price
increases; 19% would be used to assist trade-vulnerable and
other industries make the transition to a clean energy economy;
13% would be used to support investments in clean energy and
energy efficiency; and 10% would be used for domestic
adaptation, worker assistance and training, prevention of
deforestation, and international adaptation. The remainder (3%
of allowances) will be used to help ensure that ACES is budget
neutral.
From the period from 2026 through 2050, up to 58% of the
allowances will be used to protect consumers; 19% would be used
for domestic adaptation, worker assistance and training,
prevention of deforestation, and international adaptation; 12%
would be used to support investments in clean energy and energy
efficiency; 7% would be used to ensure budget neutrality; and
at least 4% would be used to assist trade-vulnerable and other
industries.
Under ACES, approximately 80% of allowances are distributed
without charge during the early years of the program to ease
the transition to a clean energy economy. This transition
period starts to phase out after 2025. By 2031, about 70% of
the allowances would be auctioned.
ACES establishes five programs to protect consumers from
energy price increases: one for electricity price increases;
one for natural gas price increases; one for heating oil price
increases; one to protect low- and moderate-income families;
and one to provide tax dividends to consumers. In combination,
these programs substantially reduce the cost impact of ACES on
American consumers.
Electricity price increases would be regional in nature,
with the greatest increases occurring in the coal-dependent
regions of the country. To mitigate these price increases, the
regulated utilities that distribute electricity to consumers
would receive 32% of allowances through 2025 under a formula
that distributes half of the allowances based on emissions and
half based on electricity generation. These utilities are
directed to use these allowances exclusively to keep rates low
and, to the extent they use rebates, to do so to the maximum
extent practicable by reducing the fixed-rate portion of
consumer electricity bills. ACES contains a ratepayer fairness
provision that ensures against windfalls by providing that no
local distribution company should receive more allowances than
necessary to cover its direct and indirect costs.
To mitigate increases in natural gas prices, the regulated
utilities that distribute natural gas to consumers would
receive 9% of allowances from 2016 through 2025. One-third of
these allowances must be used for energy efficiency programs.
The remainder must be passed through to consumers through lower
prices under provisions similar to those that apply to the
regulated electric utilities.
To mitigate increases in home heating oil prices, states
would receive 1.6% of allowances through 2025 under a formula
based on home heating oil use. These allowances must be used
for rebates to consumers and investments in energy efficiency.
The electricity, natural gas, and heating oil provisions
mitigate the costs of ACES on all consumers. In addition, ACES
directs that 15% of the allowances be auctioned and the
proceeds distributed back to consumers through a combination of
refundable tax credits and electronic benefit payments.
Under ACES, many of the allowance provisions phase out
starting in 2026. As these allowance allocations are phased
out, ACES directs that the remaining allowances be auctioned
and the proceeds distributed to consumers through tax credits.
Pursuant to the Inslee-Doyle program, energy-intensive,
trade-exposed industries that make products such as iron,
steel, cement, and paper would receive allowances to cover
their increased costs. The number of allowances set aside for
this program would equal 15% of the allowances in 2014 and then
decrease based on the percent reductions in the carbon
emissions cap. These allowances would phase out after 2025
unless the President decides the program is still needed.
The legislation also provides that if the United States
does not join a multilateral agreement, a border adjustment for
energy-intensive trade-exposed sectors will be available to the
President in 2020. The President must receive a joint
resolution of Congress in order to waive use of the border
adjustment for these sectors.
In addition, oil refiners would receive 2% of allowances
starting in 2014 and ending in 2026, and merchant coal
producers and electricity producers obligated to supply
electricity under long-term contracts would receive 5% of
allowances through 2025. The legislation provides an additional
0.25% of allowances for small business refiners from 2014
through 2026.
States would receive 10% of allowances from 2012 through
2015; 7% of allowances in 2016 and 2017; 6% of allowances from
2018 through 2021; and 5% of allowances thereafter for
investments in renewable energy, energy efficiency, and
pollution reducing transportation projects. Two percent of
allowances from 2014 through 2017 and 5% thereafter would be
available to electric utilities to cover the costs of
installing and operating carbon capture and sequestration
technologies (from 2014 through 2017, a small portion of these
allowances would be used to offset the costs to the Treasury of
the Carbon Storage Research Corporation, which would invest an
additional $10 billion in carbon capture and sequestration
technologies). Three percent of allowances from 2012 through
2017 and 1% of allowances from 2018 through 2025 would be
available for investments in electric vehicles and other
advanced automobile technology and deployment. One-and-a-half
percent of allowances in each year would be allocated to
support research and development in advanced clean energy and
energy efficiency technologies.
From 2012 through 2021, 2% of allowances would be allocated
to prepare the United States to adapt to the impacts of climate
change. The amount of allowances allocated for domestic
adaptation would increase to 4% from 2022 through 2026 and to
8% thereafter. Half of these allowances would be used for
wildlife and natural resource protection and half for other
domestic adaptation purposes, including public health.
From 2012 through 2025, 5% of allowances would be allocated
to prevent tropical deforestation and build capacity to
generate international deforestation offsets. The allowances
allocated to this program would be reduced to 3% from 2026
through 2030 and to 2% thereafter. From 2012 through 2021, 2%
of allowances would be allocated for international adaptation
and clean technology transfer. The amount of allowances
allocated for these purposes would increase to 4% from 2022
through 2026 and to 8% thereafter. Half of these allowances
would be used for adaptation and half for clean technology
transfer.
From 2012 through 2021, 0.5% of allowances would be
allocated for worker assistance and job training. This amount
would increase to 1% thereafter. ACES also provides that 0.75%
of allowances for vintage years 2012 and 2013 shall be
deposited in a new Energy Efficiency and Renewable Energy
Worker Training Fund to ensure adequate funding under the Green
Job Acts.
From 2012 through 2016, 0.28% of allowances would be
allocated to the Secretary of Agriculture to support
agricultural activities that sequester carbon but may not be
eligible for offset credits and to support investments in
renewable energy infrastructure.
One percent of allowances in 2012 would be allocated to
projects that produced early emission reductions between
January 1, 2001, and January 1, 2009.
Legislative History
The Subcommittee on Energy and Environment held 11 hearings
prior to the House passage of the American Clean Energy and
Security Act of 2009 (ACES).
The Subcommittee on Energy and Environment held eight
hearings that contributed to the development of the ACES
discussion draft: (1) ``The Climate Crisis: National Security,
Public Health, and Economic Threats'' held on February 12,
2009; (2) ``Energy Efficiency: Complementary Policies for
Climate Legislation'' held on February 24, 2009; (3)
``Renewable Energy: Complementary Policies for Climate
Legislation'' held on February 26, 2009; (4) ``The Role of
Offsets in Climate Legislation'' held on March 5, 2009; (5)
``The Future of Coal Under Climate Legislation'' held on March
10, 2009; (6) ``Consumer Protection Provisions in Climate
Legislation'' held on March 12, 2009; (7) ``Competitiveness and
Climate Policy: Avoiding Leakage of Jobs and Emissions'' held
on March 18, 2009; and (8) ``Preparing for Climate Change:
Adaptation Policies and Programs'' held on March 25, 2009.
On March 31, 2009, Chairman Waxman and Subcommittee
Chairman Markey released a discussion draft of the American
Clean Energy and Security Act. The legislation was available
for review by both majority and minority Committee members, as
well as outside experts and the public, for nearly seven weeks
prior to Committee markup.
From April 21, 2009, to April 24, 2009, the Committee and
Subcommittee held a legislative hearing on the ACES discussion
draft, spanning four days. Nearly 70 witnesses testified,
including former Vice President Al Gore and former Speaker of
the House Newt Gingrich.
On May 15, 2009, Chairman Waxman and Subcommittee Chairman
Markey introduced H.R. 2454, the American Clean Energy and
Security Act of 2009. H.R. 2454 was referred to the Committee
on Energy and Commerce, and in addition to the Committees on
Foreign Affairs, Financial Services, Education and Labor,
Science and Technology, Transportation and Infrastructure,
Natural Resources, Agriculture, and Ways and Means, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
From May 18, 2009, to May 21, 2009, the full Committee met
in open markup session to consider H.R. 2454. A manager's
amendment in the nature of a substitute offered by Mr. Waxman
and Mr. Markey was adopted by a voice vote. During the 4 days
of markup, there were 96 amendments offered of which 36
amendments were adopted. On May 21, 2009, the Committee on
Energy and Commerce ordered H.R. 2454 favorably reported to the
House, amended, by a rollcall vote of 33-25.
On June 5, 2009, the Committee on Energy and Commerce filed
the House report on H.R. 2454 (H. Rept. 111-137 Part 1).
Prior to the consideration of H.R. 2454 by the House, the
Subcommittee on Energy and Environment held two additional
hearings on the legislation. On June 9, 2009, the Subcommittee
held a legislative hearing on ``Allowance Allocation Policies
in Climate Legislation: Assisting Consumers, Investing in a
Clean Energy Future, and Adapting to Climate Change.'' On June
12, 2009, the Subcommittee held a legislative hearing on ``The
Future of the Grid: Proposals of Reforming National
Transmission Policy.''
On June 22, 2009, Chairman Waxman and Subcommittee Chairman
Markey filed a substitute amendment to H.R. 2454 with the
Committee on Rules. The substitute amendment reflected
contributions of other committees, as well as technical
changes. On June 23, 2009, Chairman Waxman and Subcommittee
Chairman Markey introduced H.R. 2998, containing identical text
as the substitute amendment filed with the Committee on Rules.
H. Res. 587, providing a rule for the consideration by the
House of H.R. 2454, was reported to the House on June 26, 2009,
and subsequently passed the House by a rollcall vote of 217-
205.
On June 26, 2009, H.R. 2454 passed the House, amended, by a
rollcall vote of 219-212.
On July 7, 2009, H.R. 2454 was read a second time, and
placed on the Senate Legislative Calendar under General Orders
(Calendar No. 97).
No further action was taken on H.R. 2454 in the 111th
Congress.
CONSUMER ASSISTANCE TO RECYCLE AND SAVE ACT
Public Law 111-32 (H.R. 2751, H.R. 520, H.R. 1550, H.R. 1606, H.R.
2346, H.R. 2640, H.R. 2454, S. 247, S. 1135, S. 1200, S. 1248)
To accelerate motor fuel savings nationwide and provide
incentives to registered owners of high polluting automobiles
to replace such automobiles with new fuel efficient and less
polluting automobiles.
Summary
The bill authorizes a new ``Cash for Clunkers'' program.
Under this program, consumers may trade in their old, gas-
guzzling vehicles and receive vouchers worth up to $4,500 to
help pay for new, more fuel efficient cars and trucks.
New passenger cars that achieve at least 22 mpg are
eligible for a $3,500 voucher if the performance of the new car
is at least 4 mpg higher than the old vehicle and a $4,500
voucher if the performance of the new car is at least 10 mpg
higher than the old vehicle. Light duty trucks that achieve at
least 18 mpg are eligible for a $3,500 voucher if the
performance of the new truck is at least 2 mpg higher than the
old vehicle and a $4,500 voucher if the performance of the new
truck is at least 5 mpg higher than the old vehicle. Large
light duty trucks that achieve at least 15 mpg are eligible for
a $3,500 voucher if the performance of the new truck is at
least 1 mpg higher than the old vehicle and a $4,500 voucher if
the performance of the new truck is at least 2 mpg higher than
the old vehicle. Consumers can also trade in a pre-2002 work
truck (defined as a pick-up truck or cargo van weighing from
8,500-10,000 pounds) and receive a voucher worth $3,500 for a
new work truck in the same or smaller weight class. Consumers
can also ``trade down,'' receiving a $3,500 voucher for trading
in an older work truck and purchasing a smaller light-duty
truck weighing from 6,000-8,500 pounds. Work truck purchases
are capped such that the total funds used to purchase work
trucks cannot exceed 7.5 percent of all program funds. The bill
also includes important consumer protections and protections
against program fraud.
Legislative History
Prior to the introduction of H.R. 2751, the Committee on
Energy and Commerce held a legislative hearing on the
discussion draft of H.R. 2454, the American Clean Energy and
Security Act (ACES) from April 21, 2009 to April 24, 2009.
Provisions of ``cash for clunkers'' were discussed during the
hearing.
From May 18, 2009 to May 21, 2009, the full Committee met
in open markup session to consider H.R. 2454. Rep. Betty Sutton
of Ohio offered an amendment to H.R. 2454, containing language
almost identical to legislation that would later be introduced
as H.R. 2751. On May 19, 2009, the Committee approved Rep.
Sutton's amendment by a rollcall vote of 50-4 with 1 member
voting ``present.''
On May 21, 2009, the Committee on Energy and Commerce
ordered H.R. 2454 favorably reported to the House, amended, by
a rollcall vote of 33-25.
On June 5, 2009, the Committee on Energy and Commerce filed
the House report on H.R. 2454 (H. Rept. 111-137, Part 1).
On June 8, 2009, Rep. Sutton introduced H.R. 2751, the
Consumer Assistance to Recycle and Save Act. The text of the
legislation was nearly identical to the language of Rep.
Sutton's amendment to H.R. 2454 as approved by the Committee on
Energy and Commerce. H.R. 2751 was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways
and Means.
On June 9, 2009, H.R. 2751 passed the House under
suspension of the rules by a rollcall vote of 298-119 with 2
members voting ``present.''
On June 10, 2009, the Senate received H.R. 2751 as passed
by the House and placed on the Senate Legislative Calendar.
Further action on the substance of the bill as passed by the
House was taken when its language was inserted as part of H.R.
2346, as noted below. H.R. 2751 was amended on December 19,
2010, by the Senate with the language of the FDA Food Safety
Modernization Act. (For further information, see H.R. 2749/S.
510 under the Subcommittee on Health.)
On June 11, 2009, the House and Senate met in conference to
reconcile the difference between their respective versions of
H.R. 2346, the Supplemental Appropriations Act of 2009. The
conferees agreed to include in title XIII of H.R. 2346 the
provisions of H.R. 2751, as passed by the House, which
appropriated $1 billion for the program.
On June 12, 2009, the House conferees filed a conference
report on H.R. 2346 (H. Rept. 111-151). The House agreed to the
conference report on June 16, 2009, by a rollcall vote of 226-
202.
On June 18, 2009, the Senate agreed to the conference
report by a rollcall vote of 91-5, clearing the measure for the
White House.
On June 24, 2009, H.R. 2346 was signed into law by the
President and became Public Law 111-32.
On July 31, 2009, the House passed H.R. 3435, making
supplemental appropriations for fiscal year 2009 for the
Consumer Assistance to Recycle and Save Program, and then the
bill was passed by the Senate on August 6, 2009. H.R. 3435
appropriated an additional $2 billion for the ``Cash for
Clunkers'' program. H.R. 3435 was signed into law by the
President on August 6, 2009, and became Public Law 111-47.
DIESEL EMISSIONS REDUCTION ACT OF 2010
Awaiting White House Action (H.R. 5809, H.R. 2454)
The Diesel Emissions Reduction Act of 2010 is an Act to
amend the Energy Policy Act of 2005 to reauthorize and modify
provisions relating to the diesel emissions reduction program.
Summary
This Act reauthorizes the Diesel Emissions Reduction Act
(DERA) for 2012 through 2016 at $100,000,000 annually, half the
authorization levels for 2007 through 2011. DERA authorizes the
Environmental Protection Agency and States to provide loans and
grants to reduce diesel air pollution from trucks, other
vehicles, and engines, and to conserve fuel. H.R. 5809 allows
the use of rebates for purchases of diesel retrofit equipment.
This Act adds American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, Puerto Rico, and the Virgin Islands
to the list of States eligible to receive grants, and adjusts
the State grant distribution formula accordingly.
This Act makes several additional changes to improve the
administration and effectiveness of the DERA program.
Legislative History
On May 19, 2009, during the full Committee consideration of
H.R. 2454, the American Clean Energy and Security Act (ACES),
an amendment was offered by Rep. Christensen of the Virgin
Islands to reauthorize DERA and amend it by providing for
participation in the program by specified U.S. territories and
protectorates. The amendment was agreed to by voice vote.
On May 21, 2009, the Committee on Energy and Commerce
ordered H.R. 2454 favorably reported to the House, amended, by
a rollcall vote of 33-25.
On June 5, 2009, the Committee on Energy and Commerce filed
the House report on H.R. 2454 (H. Rept. 111-137 Part 1).
On June 26, 2009, H.R. 2454 passed the House, amended, by a
rollcall vote of 219-212.
On November 18, 2010, S. 3973 was introduced by Sen.
Voinovich of Ohio and referred to the Senate Committee on
Environment and Public Works.
On November 30, 2010, the Senate Committee on Environment
and Public Works ordered S. 3973 favorably reported to the
Senate without amendment.
On December 2, 2010, H.R. 6482 was introduced as a House
companion bill to S. 3973 by Reps. Richardson and Matsui of
California and referred to the Committee on Energy and
Commerce.
On December 16, 2010, the Senate called up H.R. 5809 and by
unanimous consent amended H.R. 5809 to change the title and
striking all after the enacting clause, and inserting the
language of a modified version of S. 3973. H.R. 5809, as
amended, was passed by the Senate by unanimous consent.
On December 21, 2010, the House agreed to the Senate
amendment to H.R. 5809, under suspension of the rules, by a
voice vote, clearing the measure for the White House.
On December 29, 2010, H.R. 5809 was presented to the
President.
H.R. 5809, as approved by the House and the Senate, was
pending action by the President at the time this report was
filed.
REDUCTION OF LEAD IN DRINKING WATER ACT
Awaiting White House Action (S. 3874, H.R. 5320, H.R. 5289)
To amend the Safe Drinking Water Act to reduce lead in
drinking water.
Summary
S. 3874 redefines ``lead-free'' under the Safe Drinking
Water Act with respect to faucets and plumbing fixtures to
lower the permissible amount of lead in a faucet or fixture
from 8% lead to .25% lead in the wetted surfaces. The Act
exempts faucets and plumbing fixtures from the prohibition on
the use or sale of parts that are not lead free when they are
used exclusively for nonpotable water or water that is not
anticipated to be used for human consumption.
Legislative History
On May 12, 2010, H.R. 5289, the Get the Lead Out Act, was
introduced by Rep. Eshoo of California, and was subsequently
referred to the Committee on Energy and Commerce.
On May 13, 2010, the Subcommittee on Energy and Environment
held a legislative hearing on proposed legislative language to
reauthorize the Safe Drinking Water Act state revolving fund,
including the provisions of H.R. 5289.
On May 18, 2010, H.R. 5320, the Assistance, Quality, and
Affordability (AQUA) Act, was introduced by Reps. Waxman and
Markey, and was subsequently referred to the Committee on
Energy and Commerce. That same day, the bill was referred to
the Subcommittee on Energy and Environment. The provisions of
H.R. 5289 were included in section 15 of the introduced bill.
On May 19, 2010, the Subcommittee on Energy and Environment
met in open markup session to consider H.R. 5320. Mr. Markey
offered a manager's amendment in the form of an amendment in
the nature of a substitute, which was adopted, amended, by a
voice vote. H.R. 5320 was forwarded to the full Committee,
amended, by a rollcall vote of 18-13.
On May 26, 2010, the full Committee met in open markup
session to consider H.R. 5320 as approved by the Subcommittee.
A manager's amendment in the form of an amendment in the nature
of a substitute was offered by Mr. Waxman and adopted, amended,
by a voice vote. Subsequently, the Committee ordered H.R. 5320
favorably reported to the House, amended, by a rollcall vote of
45-1.
On July 1, 2010, the Committee on Energy and Commerce filed
the House report on H.R. 5320 (H. Rept. 111-524).
On July 30, 2010, H.R. 5320 passed the House, as amended,
under suspension of the rules by a voice vote.
On August 2, 2010, the Senate received H.R. 5320 and on
August 5, 2010, referred the bill to the Senate Committee on
Environment and Public Works. No further action was taken on
H.R. 5320 during the 111th Congress.
On April 29, 2010, S. 3874, the Reduction of Lead in
Drinking Water Act, was introduced in the Senate. It was
referred to the Committee on Environment and Public Works,
which reported the bill favorably without amendment on November
30, 2010. The bill passed the Senate by unanimous consent on
December 16, 2010.
On December 17, 2010, the House considered S. 3874 under
suspension of the rules, and passed the bill without amendment,
clearing the measure for the White House.
S. 3874, as approved by the House and the Senate, was
awaiting action by the President when this report was filed.
TO EXCLUDE AN EXTERNAL POWER SUPPLY FOR CERTAIN SECURITY OR LIFE SAFETY
ALARMS AND SURVEILLANCE SYSTEM COMPONENTS FROM THE APPLICATION OF
CERTAIN ENERGY EFFICIENCY STANDARDS UNDER THE ENERGY POLICY AND
CONSERVATION ACT
Awaiting White House Action (H.R. 5470)
To exclude an external power supply for certain security or
life safety alarms and surveillance system components from the
application of certain energy efficiency standards under the
Energy Policy and Conservation Act.
Summary
This measure amends the Energy Policy and Conservation Act
to exclude an external power supply for certain security or
life safety alarms and surveillance system components from the
application of no-load mode energy efficiency standards.
Legislative History
On May 28, 2010, H.R. 5470 was introduced in the House by
Rep. Pallone of New Jersey and referred to the Committee on
Energy and Commerce. H.R. 5470 was referred to the Subcommittee
on Energy and Environment on June 8, 2010.
On December 8, 2010, the House considered a motion to pass
H.R. 5470, under suspension of the rules. Following debate, the
House agreed to suspend the rules and pass H.R. 5470 by a voice
vote.
On December 9, 2010, the Senate received H.R. 5470.
On December 21, 2010, the Senate passed H.R. 5470 without
amendment by unanimous consent, clearing the measure for the
White House.
On December 28, 2010, H.R. 5470 was presented to the
President.
H.R. 5470, as approved by the House and the Senate, was
awaiting action by the President when this report was filed.
CHEMICAL AND WATER SECURITY ACT OF 2009
H.R. 2868 (H.R. 3258, H.R. 2883, S.3599)
To amend the Homeland Security Act of 2002 to enhance
security and protect against acts of terrorism against chemical
facilities, to amend the Safe Drinking Water Act to enhance the
security of public water systems, and to amend the Federal
Water Pollution Control Act to enhance the security of
wastewater treatment works, and for other purposes.
Summary
H.R. 2868 extends the authority of the Department of
Homeland Security (DHS) to implement and enforce the Chemical
Facility Anti-Terrorism Standards (CFATS), and improves these
standards in a number of ways (Title I). It also requires the
Environmental Protection Agency (EPA) to establish parallel
security programs for drinking water (Title II) and wastewater
facilities (Title III).
Title I of H.R. 2868 amends the Homeland Security Act of
2002 to modify and make permanent the authority of the
Secretary of Homeland Security (the Secretary) to regulate and
enhance security to protect chemical facilities against
intentional acts, including acts of terrorism. The bill enacts
in law many of the current CFATS regulations. The bill also
makes changes to the CFATS program that reduce the likelihood
and consequences of a terrorist attack by requiring covered
chemical facilities to assess the feasibility of alternative
chemicals and processes, and in some circumstances to adopt
those alternatives. This title also requires each CFATS-
regulated chemical facility to conduct a security vulnerability
assessment and subsequently implement a site security plan that
applies layered security measures to address the
vulnerabilities. It also provides DHS with the authority and
resources to inspect these facilities and ensure compliance.
Title II of H.R. 2868 replaces Section 1433 of the Safe
Drinking Water Act (SDWA) to strengthen security at drinking
water facilities to prevent an intentional act that causes a
chemical release, contaminates the water supply, or otherwise
disrupts the ability of a water system to provide a safe and
reliable supply of drinking water. The bill requires the EPA
Administrator to establish risk-based performance standards for
community water systems serving more than 3,300 people and for
other exceptional public water systems that the Administrator
determines pose a security risk.
Title III of H.R. 2868 amends the Federal Water Pollution
Control Act, more commonly known as the Clean Water Act, to
enhance the security of operations at wastewater treatment
works from intentional acts that may substantially disrupt the
ability of the facility to operate safely and reliably, or have
a substantial adverse impact on critical infrastructure, public
health or safety, or the environment. This title preserves the
historic regulatory oversight of sewage treatment facilities by
the EPA and ensures that security regulations appropriately
balance water quality and security goals. By charging EPA with
security in the water sector, this Act ensures seamless
security-related requirements for public utilities with both
wastewater and drinking water responsibilities.
Legislative History
H.R. 2868, the ``Chemical Facility Anti-Terrorism Act of
2009'', was introduced on June 15, 2009, by the Chairman of the
Committee on Homeland Security, Hon. Bennie G. Thompson (D-MS),
Committee on Energy and Commerce Chairman Henry A. Waxman (D-
CA), Subcommittee on Energy and Environment Chairman Edward J.
Markey (D-MA), and Reps. Sheila Jackson-Lee (D-TX) and Yvette
D. Clarke (D-NY). The bill was referred to the Committee on
Homeland Security, and sequentially to the Committee on Energy
and Commerce. H.R. 2868 was referred to the Subcommittee on
Energy and Environment on June 16, 2009.
On July 20, 2009, H.R. 3258, the ``Drinking Water System
Security Act of 2009'', was introduced by Chairman Waxman,
Subcommittee on Energy and Environment Chairman Markey, and
Reps. Pallone of New Jersey, Capps of California, Sarbanes of
Maryland, and Schakowsky of Illinois. H.R. 3258 was referred to
the Subcommittee on Energy and Environment on July 27, 2009.
The Subcommittee on Energy and Environment held a
legislative hearing on these two bills on October 1, 2009, and
titled the hearing ``H.R. 2868, the Chemical Facility Anti-
Terrorism Act of 2009, and H.R. 3258, the Drinking Water System
Security Act of 2009.'' The Subcommittee received testimony
from two panels of witnesses. The witnesses on the first panel
were the Hon. Peter Silva, Assistant Administrator, Office of
Water, U.S. Environmental Protection Agency (EPA), and the Hon.
Rand Beers, Under Secretary, National Protection and Programs
Directorate, U.S. Department of Homeland Security (DHS). The
second panel was comprised of four witnesses: the Director of
the Newport News Waterworks (Virginia) and President of the
Board of Directors of the Association of Metropolitan Water
Agencies; the Vice President for Federal Affairs at the
American Chemistry Council; a legislative representative of the
CWA-UAW Legislative Alliance; and the International EHS
Manager, Fujifilm Imaging Colorants Chair, Safety and Security
Committee, Society of Chemical Manufacturers and Affiliates.
On October 14, 2009, the Subcommittee on Energy and
Environment met in open markup session to consider H.R. 2868
and H.R. 3258. Mr. Markey offered a manager's amendment to H.R.
2868, which was adopted by a voice vote, amended. Subsequently,
H.R. 2868 was favorably forwarded to the full Committee,
amended, by a rollcall vote of 18-10. During consideration of
H.R. 3258, Mr. Markey also offered a manager's amendment, which
was adopted by a voice vote, amended. H.R. 3258 was favorably
forwarded to the full Committee, amended, by a voice vote.
On October 21, 2009, the full Committee met in open markup
session to consider H.R. 2868 and H.R. 3258 as approved by the
Subcommittee on Energy and Environment. During consideration of
H.R. 2868, a manager's amendment in the nature of a substitute
to H.R. 2868 offered by Mr. Markey was adopted by a voice vote,
as amended by two amendments agreed to during consideration of
the substitute amendment. The Committee subsequently ordered
H.R. 2868 favorably reported to the House, amended, by a
rollcall vote of 29-18.
The Committee then took up H.R. 3258, in which a manager's
amendment in the form of an amendment in the nature of a
substitute was offered by Mr. Waxman to the bill. The
substitute amendment was adopted by a voice vote. The Committee
subsequently ordered H.R. 3258 favorably reported to the House,
amended, by a voice vote.
On October 23, 2009, the Committee on Energy and Commerce
filed the House reported on H.R. 2868 (H. Rept. 111-205, Part
2). That same day, the Committee also filed the House report on
H.R. 3258 (H. Rept. 111-313).
On November 5, 2009, H. Res. 885, a resolution to provide a
rule for the consideration of H.R. 2868, passed the House by a
rollcall vote of 233-182. The rule provided for an amendment in
the nature of a substitute (as printed in part A of H. Rept.
111-327), which made the following changes to H.R. 2868:
designated the ``Chemical Facility Anti-Terrorism Act of 2009''
as Title I; created a new Title II, incorporating provisions of
H.R. 3258, the ``Drinking Water System Security Act of 2009,''
as reported by the Committee on Energy and Commerce; created a
new Title III, incorporating provisions of H.R. 2883, the
``Wastewater Treatment Works Security Act of 2009'' (Clean
Water Act); and changed the title of H.R. 2868 to the
``Chemical and Water Security Act of 2009''.
On November 6, 2009, the House considered H.R. 2868 and
passed the bill, as amended, by a rollcall vote of 230-193.
On November 9, 2009, H.R. 2868 was received by the Senate
and read twice and referred to the Senate Committee on Homeland
Security and Governmental Affairs.
On March 3, 2010, the Senate Committee on Homeland Security
and Governmental Affairs held a hearing on H.R. 2868.
On July 28, 2010, the Senate Committee on Homeland Security
and Governmental Affairs met in open markup session to consider
H.R. 2868 as passed by the House. An amendment in the nature of
a substitute was offered by Sen. Collins of Maine, and was
adopted without objection. Subsequently, the Committee ordered
H.R. 2868 favorably reported to the Senate, as amended, by a
rollcall vote of 13-0.
On December 16, 2010, the Senate Committee on Homeland
Security and Governmental Affairs reported H.R. 2868 to the
Senate, amended (S. Rept. 111-370).
No further action was taken on H.R. 2868 or H.R. 3258
during the 111th Congress.
AMERICAN MEDICAL ISOTOPES PRODUCTION ACT OF 2009
H.R. 3276
To promote the production of molybdenum-99 in the United
States for medical isotope production, and to condition and
phase out the export of highly enriched uranium for the
production of medical isotopes.
Summary
H.R. 3276 provides the Department of Energy new legal
authority and resources to assist and accelerate private sector
projects to establish a robust domestic supply of molybdenum-99
produced without the use of highly enriched uranium. The Act
authorizes $163 million over five years for the Department of
Energy to evaluate and support private-sector projects for the
domestic production of molybdenum-99 without the use of highly
enriched uranium.
The bill also amends the Atomic Energy Act to allow the
domestic use of highly enriched uranium for medical isotope
production only if the reactor operator is working to convert
to the use of low enriched uranium. In addition, the bill
amends the Atomic Energy Act to prohibit the issuance of export
licenses for highly enriched uranium for medical isotope
production seven years after the date of enactment. This period
can be extended for no more than four years by the Secretary of
Energy. The bill would also allow for the temporary suspension
of the restriction of HEU export licenses if there is a
critical shortage in the supply of molybdenum-99 available to
satisfy the domestic United States medical isotope needs, the
Secretary of Energy certifies to Congress that the export of
U.S.-origin HEU for the purposes of medical isotope production
is the only effective temporary means to increase the supply of
molybdenum-99 necessary to meet U.S. medical isotope needs
during that period, and Congress passes a joint resolution
approving the temporary suspension.
Legislative History
On July 21, 2009, H.R. 3276 was introduced by Reps. Markey
of Massachusetts and Upton of Michigan, and was referred to the
Committee on Energy and Commerce.
On July 22, 2009, H.R. 3276 was referred to the
Subcommittee on Energy and Environment.
On September 9, 2009, the Subcommittee on Energy and
Environment held a legislative hearing on H.R. 3276. The
Subcommittee received testimony from representatives of the
National Nuclear Security Administration (NNSA), the Committee
on Medical Isotope Production Without Highly Enriched Uranium
at the National Academy of Sciences (NAS), and the Council on
Radionuclides and Radiopharmaceuticals (CORAR).
On October 14, 2009, the Subcommittee on Energy and
Environment met in open markup session. A manager's amendment
in the nature of a substitute offered by Mr. Markey was adopted
by a voice vote. H.R. 3276 was forwarded to the full Committee,
amended, by a voice vote.
On October 21, 2009, the full Committee met in open markup
session to consider H.R. 3276 as approved by the Subcommittee
on Energy and Environment. A manager's amendment in the nature
of a substitute offered by Mr. Markey was adopted by a voice
vote. The Committee ordered H.R. 3276 favorably reported to the
House, amended, by a voice vote.
On November 4, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 3276 (H. Rept. 111-328).
On November 5, 2009, H.R. 3276 was considered by the House
under suspension of the rules and passed, as amended, by a
rollcall vote of 400-17.
On November 6, 2009, H.R. 3276 was received by the Senate
and read twice and referred to the Senate Committee on Energy
and Natural Resources.
On December 3, 2009, the Senate Committee on Energy and
Natural Resources held a hearing on H.R. 3276.
On December 16, 2009, the Senate Committee on Energy and
Natural Resources met in open markup session to consider H.R.
3276 as passed by House. H.R. 3276 was ordered favorably
reported to the Senate, amended, by a voice vote.
On January 28, 2010, the Senate Committee on Energy and
Natural Resources filed the Senate report on H.R. 3276 (S.
Rept. 111-120).
No further action was taken on H.R. 3276 during the 111th
Congress.
RADIOACTIVE IMPORT DETERRENCE ACT
H.R. 515 (S. 232)
To prohibit the importation of certain low-level
radioactive waste into the United States.
Summary
H.R. 515 amends the Atomic Energy Act of 1954 by inserting
a new Sec. 277, Importation of Low-Level Radioactive Waste. The
bill provides that the Nuclear Regulatory Commission shall not
issue licenses authorizing the importation into the United
States of low-level radioactive waste and radioactive waste
below regulatory concern. The bill provides exceptions to the
prohibition for federal government or military use and for the
return to the United States for management and disposal of low-
level radioactive waste resulting from the use in a foreign
country of certain United States origin nuclear material.
The bill also authorizes the President to waive the
prohibition in subsection a. for a specific license application
upon a finding that the importation would meet an important
national or international policy goal. Such a waiver must
specify the policy goal to be achieved, how it is to be
achieved, and the amount of material to be imported. H.R. 515
also provides that licenses issued before the date of enactment
of this section may continue in effect on their original terms,
but may not be extended or amended with respect to the amount
of material permitted to be imported.
Legislative History
On January 14, 2009, H.R. 515 was introduced by Reps.
Gordon of Tennessee, Terry of Nebraska, and Matheson of Utah,
and was referred to the Committee on Energy and Commerce and in
addition to the Committee on Ways and Means.
On January 15, 2009, H.R. 515 was referred to the
Subcommittee on Energy and Environment.
On October 16, 2009, the Subcommittee on Energy and
Environment held a legislative hearing on H.R. 515. The
Subcommittee received testimony from Margaret M. Doane,
Director, Office of International Programs, U.S. Nuclear
Regulatory Commission (NRC); Leonard C. Slosky, Executive
Director, Rocky Mountain Low Level Waste Board; and Val
Christensen, President, EnergySolutions.
On November 3, 2009, the Subcommittee on Energy and
Environment met in open markup session to consider H.R. 515. A
manager's amendment in the nature of a substitute offered by
Mr. Markey was adopted by a voice vote. H.R. 515 was then
forwarded to the full Committee, amended, by a voice vote.
On November 19, 2009, the full Committee met in open markup
session to consider H.R. 515 as approved by the Subcommittee on
Energy and Environment. Subsequently, the Committee ordered
H.R. 515 favorably reported to the House, as amended by the
Subcommittee, by a rollcall vote of 34-12.
On December 2, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 515 (H. Rept. 111-348, Part 1).
That same day the House passed H.R. 515 under suspension of the
rules, amended, by a rollcall vote of 309-112.
On December 3, 2009, the Senate received H.R. 515 with the
House amendment and it was referred to the Senate Committee on
Environment and Public Works.
No further action was taken on H.R. 515 during the 111th
Congress.
HOME STAR ENERGY RETROFIT ACT OF 2010
H.R. 5019 (S. 3177, S. 3434, S. 3663)
To provide for the establishment of the Home Star Retrofit
Rebate Program, and for other purposes.
Summary
H.R. 5019 is intended to improve the energy efficiency of
American homes, to increase employment in the home construction
and renovation industries, to promote domestic manufacture of
energy efficient products and materials, to foster private
enterprise in energy efficiency retrofit services and quality
assurance, and to assist homeowners requiring assistance with
energy efficiency financing.
The Home Star program is designed to facilitate homeowner
investment and prompt a surge in interest in home retrofitting
and its benefits, with a goal of creating longer-term awareness
of the benefits of energy efficiency retrofits that can outlive
the two-year program. In addition, Home Star would promote
increases in employment in the home retrofitting industry and
in the manufacture of energy efficient products.
There are two primary components to the Home Star program.
First is the two-year Home Star Retrofit rebate program. Second
is the Home Star energy efficiency loan program which stands up
a financing mechanism to encourage energy efficiency home
retrofits after the completion of the rebate program.
The Home Star retrofit rebate program provides for two
tracks for home retrofit projects: the Silver Star program and
the Gold Star program. Home retrofit projects have
traditionally been hindered by consumer uncertainty about what
measures are cost effective and certain to produce savings when
installed. The Silver Star program addresses this problem by
describing a menu of specific energy-saving technologies that
are known to be widely available on the national market and
highly cost-effective when installed as prescribed by their
manufacturers. Under the bill, specific rebates are available
for the installation of such measures, reflecting 50% of their
cost to the homeowner, up to a maximum of $3,000, for a total
retrofit representing an investment of $6,000 or more.
Another impediment to home retrofitting has been the lack
of public awareness of the benefits of whole-house energy
analysis techniques. This approach to retrofitting involves
determining the most cost-effective set of combined measures to
improve a building's overall efficiency. The Gold Star program
promotes the use of this approach by offering rebates for
whole-home retrofit projects that use whole-house analysis
tools designated by the Secretary to achieve an energy
efficiency improvement of 20% or more, with a $3,000 initial
rebate for combined measures that reach a 20% overall level of
improvement, and an additional $1,000 rebate available for each
additional 5% overall improvement, to a maximum of $8,000. A
rebate under the Gold Star program cannot represent more than
50% of the total cost of the retrofit project.
The Home Star retrofit rebate program reflects that policy
that home energy efficiency retrofit practice should evolve
toward the whole-house analysis model as opposed to the less
effective measure-by-measure approach. Rebate levels available
for the Gold Star program are higher than the Silver Star
program. Additionally, the Silver Star program expires one year
after enactment, while the Gold Star program continues for the
second year. Two-thirds of the intended federal funding,
however, is directed for the Silver Star rebates in the first
year, with the expectation that consumers will be quick to take
advantage of such savings on such items.
The Home Star bill includes a number of provisions designed
to address the administrative challenge of processing rebates
for thousands of contractors performing retrofits in millions
of homes. Home Star would operate through a central data base
and rebate processing center to which all rebate claims will be
submitted. A percentage of these claims would be selected for
quality assurance. In addition, the bill provides for tight but
realistic timeframes for processing rebates applications and
distributing federal resources to qualified contractors, with
the goal of making contractors whole for the discounts they
must offer within 30 days of rebate applications.
The legislation also includes a number of provisions
designed to ensure quality and cost effectiveness in the Home
Star program. The bill includes incentives for contractors to
become accredited by the Building Performance Institute or
other programs recognized by the Secretary of Energy in order
to participate in Gold Star whole-home retrofit projects. The
bill also provides incentives for encouraging contractors to
employ workers trained and certified to perform retrofit work
and installation. In addition, because of the significant
unemployment and need for marketable skills in relatively low-
income areas, the legislation encourages training and hiring
efforts in such areas.
The bill offers to states funding to create quality
assurance programs to assign and supervise spot-checks
confirming that appropriate products are used in retrofits
designed for optimum savings of energy. Under the bill, the
Secretary of Energy would pay quality assurance providers to
inspect a percentage of finished projects and confirm that
Silver Star and Gold Start rebates have been paid
appropriately. Those states that elect to create quality
assurance programs to support Home Star would also develop
quality assurance frameworks to recognize the accredited
contractors that are using certified workforces with
appropriate training and proven skills.
The legislation also responds to the need for flexible
financing support for home energy retrofit activities at a time
when consumer credit terms are very tight and banks are
constrained in consumer lending. The Home Star energy
efficiency loan program provides (1) seed funding to states
that they can use to provide loans at lower interest rates; (2)
revolving-fund loans; and (3) loans that are tied to the
property through tax payment or utility-bill recovery such that
any homeowner can pass the obligation along with the property
to a new owner.
Legislative History
Prior to the introduction of H.R. 5019, on March 18, 2010,
the Subcommittee on Energy and Environment held a hearing on
proposed legislation to provide for the establishment of a Home
Star Retrofit Rebate program. The Subcommittee received
testimony from the Honorable Cathy Zoi, Assistant Secretary for
Energy Efficiency and Renewable Energy, U.S. Department of
Energy (DOE); Mr. Larry Laseter, President of WellHome, on
behalf of the Home Star Coalition; the Honorable John Engler,
President and Chief Executive Officer, the National Association
of Manufacturers; Mr. Michael Thaman, Chairman and Chief
Executive Officer, Owens Corning; and Mr. Christopher A.S.
Pratt, on behalf of the National Association of Home Builders.
On March 24, 2010, the Subcommittee on Energy and
Environment met in open markup session to consider a Committee
Print dated March 22, 2010, on H.R. __, a bill to provide for
the establishment of a Home Star Retrofit Rebate Program, and
for other purposes. A manager's amendment in the nature of a
substitute was offered by Mr. Markey and adopted by a voice
vote, amended. Several amendments were offered to the manager's
amendment during subcommittee consideration and three
amendments were adopted by a voice vote. Subsequently, the
Subcommittee voted to forward the Committee Print, amended, to
the full Committee by a voice vote.
On April 14, 2010, H.R. 5019 was introduced by Rep. Welch
of Vermont, along with Reps. Waxman, Markey, Cardoza (D-CA),
and Ehlers (R-MI), and was referred to the Committee on Energy
and Commerce. The text of the bill as introduced was identical
to the text of the Committee Print approved by the Subcommittee
on March 24, 2010.
On April 15, 2010, the full Committee met in open markup
session to consider H.R. 5019. A manager's amendment in the
nature of a substitute offered by Mr. Waxman was adopted, as
amended by four other amendments offered to the substitute.
Subsequently, the Committee ordered H.R. 5019 favorably
reported to the House, amended, by a rollcall vote of 30-17.
On April 29, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 5019 (H. Rept. 111-469, Part 1).
On May 6, 2010, H.R. 5019 was passed by the House, amended,
by a rollcall vote of 246-161.
On May 7, 2010, H.R. 5019 was received by the Senate and
read twice and referred to the Senate Committee on Finance.
No further action was taken on H.R. 5019 during the 111th
Congress.
GRID RELIABILITY AND INFRASTRUCTURE DEFENSE ACT
H.R. 5026 (H.R. 2165, S. 1462)
To amend the Federal Power Act to protect the bulk-power
system and electric infrastructure critical to the defense of
the United States against cybersecurity and other threats and
vulnerabilities.
Summary
H.R. 5026 amends the Federal Power Act to add a new section
215A, giving FERC new authorities to protect the electric grid
against cyber and other threats and vulnerabilities.
The bill gives FERC the authority to issue emergency orders
if the President notifies the Commission that a ``grid security
threat'' exists. A grid security threat is a substantial
likelihood of a cyber attack, electromagnetic weapon attack, a
geomagnetic storm, or a direct physical attack on the bulk-
power system or defense critical electric infrastructure that
would have a significant adverse effect on the reliability of
the bulk-power system or defense critical electric
infrastructure. (Defense critical electric infrastructure is
defined as electric infrastructure outside the bulk-power
system that serves a facility designated by the President as
critical to the defense of the United States.) An emergency
order is discontinued when the President determines the grid
security threat no longer exists, FERC determines the emergency
measures are no longer needed to protect against the threat, or
one year elapses from the date the order was issued.
H.R. 5026 gives FERC, after notice and opportunity for
comment, authority to require measures to protect against grid
vulnerabilities to cyber and electromagnetic weapon attacks if
FERC determines that NERC reliability standards do not
adequately address such vulnerabilities. Before promulgating
such a rule or issuing such an order to address a grid security
vulnerability, FERC, to the extent practicable in light of the
urgency of the need for action, is required to request and
consider recommendations from NERC regarding such a rule or
order. FERC may establish an appropriate deadline for NERC's
submission of such recommendations. If NERC later submits an
adequate standard, the corresponding FERC standard must be
rescinded.
The bill also requires FERC to direct NERC to submit under
section 215 for FERC approval reliability standards (1) to
protect the bulk power infrastructure against geomagnetic
storms and (2) to require adequate availability of large
transformers to ensure the reliability of the bulk power system
in the event of a physical or other attack or a geomagnetic
storm. The large transformer standard must allow compliance
entities to choose to comply either individually or jointly
(e.g., through a spare transformer sharing program). Both
standards must balance risks and the cost of protecting against
those risks.
FERC is also required, within 180 days of enactment, to
promulgate a rule or issue an order requiring measures to
address the ``Aurora vulnerability'' to cyber attack that was
identified three years ago.
The bill directs the President to designate not more than
100 facilities located in the United States that are the most
critical to the defense of the United States and most
vulnerable to interruption of an external supply of electricity
to the facility. If FERC identifies a vulnerability in electric
infrastructure serving such facilities to a cyber or
electromagnetic weapon attack that has not adequately been
addressed, FERC has authority to require measures to protect
such infrastructure. Infrastructure can be exempted from this
authority, on a case-by-case basis, if FERC, in consultation
with the owner or operator of the designated critical facility,
determines that such infrastructure is adequately protected.
H.R. 5026 also includes provisions to protect sensitive
information and provide for Department of Energy assistance to
industry in protecting the grid and obtaining information
regarding grid security threats and vulnerabilities.
Legislative History
On April 29, 2009, H.R. 2165, the Bulk Power System
Protection Act of 2009, was introduced by Rep. Barrow of
Georgia, along with Reps. Waxman and Markey. On October 27,
2009, the Subcommittee on Energy and Environment held a
legislative hearing on this bill and related legislation. The
Subcommittee received testimony from: Mr. Joseph McClelland,
Director of the Office of Electric Reliability, Federal Energy
Regulatory Commission (FERC); the Honorable Patricia Hoffman,
Principal Deputy Assistant Secretary for the Office of
Electricity, U.S. Department of Energy (DOE); the Honorable
Gary A. Brown, Chairman of the New York Public Service
Commission; Mr. David Cook, Vice President and General Counsel,
North American Electric Reliability Corporation (NAERC); and
Mr. John DiStasio, General Manager and Chief Executive Officer,
Sacramento Municipal Utility District (SMUD). In preparation
for that hearing, the Subcommittee convened a classified
briefing on grid security vulnerabilities and threats for
members of the full Committee on Energy and Commerce and staff
with appropriate clearances.
After the hearing, the majority and minority staffs of the
Subcommittee and full Committee joined in a bipartisan effort
to develop grid security legislation. The results of this
effort were embodied in a Committee print, dated March 22,
2010.
On March 24, 2010, the Subcommittee on Energy and
Environment met in open markup session to consider a Committee
Print dated March 22, 2010, on H.R. ___, to amend the Federal
Power Act to protect the bulk-power system and electric
infrastructure critical to the defense of the United States
from cybersecurity and other threats and vulnerabilities.
Subsequently, the Subcommittee approved the text of the
Committee Print to be forwarded to the full Committee, without
amendment, by a voice vote.
On April 14, 2010, H.R. 5026 was introduced by Reps. Markey
and Upton, and was referred to the Committee on Energy and
Commerce. The text of the bill as introduced was identical to
the text of the Committee Print approved by the Subcommittee on
March 24, 2010.
On April 15, 2010, the full Committee met in open markup
session to consider H.R. 5026. A manager's amendment in the
nature of a substitute by Mr. Waxman was adopted by a voice
vote. Subsequently, the Committee ordered H.R. 5026 favorably
reported to the House, amended, by a rollcall vote of 47-0.
On May 25, 2010, the Committee on Energy and Commerce filed
the House report on H.R. 5026 (H. Rept. 111-493).
On June 9, 2010, H.R. 5026 was considered by the House
under suspension of the rules and passed, as amended, by a
voice vote.
On June 10, 2010, H.R. 5026 was received by the Senate and
read twice and referred to the Senate Committee on Energy and
Natural Resources.
On August 5, 2010, the Senate Committee on Energy and
Natural Resources met in open markup session to consider H.R.
5026 as passed by the House. The Committee approved an
amendment in the nature of a substitute by a voice vote. The
Committee amendment included provisions of S. 1462, the
``American Clean Energy Leadership Act of 2009'', which was
ordered favorably reported to the Senate on June 17, 2009.
Subsequently, the Committee ordered H.R. 5026 favorably
reported to the Senate, amended, by a voice vote.
On September 27, 2010, the Senate Committee on Energy and
Natural Resources filed the Senate report on H.R. 5026 (S.
Rept. 111-331).
No further action was taken on H.R. 5026 during the 111th
Congress.
COLLINSVILLE RENEWABLE ENERGY PROMOTION ACT
H.R. 4451 (H.R. 3228, S. 3532)
To reinstate and transfer certain hydroelectric licenses
and extend the deadline for commencement of construction of
certain hydroelectric projects.
Summary
H.R. 4451 authorizes the Federal Energy Regulatory
Commission (FERC) to reinstate the terminated licenses for the
Upper and Lower Collinsville Dams hydroelectric projects and to
extend for two years the date by which the licensee is required
to commence construction. If FERC exercises this authority for
either of the two licenses, the bill requires FERC to transfer
such license to the Town of Canton. Before taking these
actions, the bill requires FERC to complete an environmental
assessment for the projects to update the environmental
analysis that was previously performed.
After a 30-day public comment period, FERC is required to
consider the public comments on the environmental assessment
and incorporate terms and conditions in the reinstated licenses
that FERC determines are necessary based on the public
comments. FERC is required to make a final decision regarding
the reinstatement within 270 days of the date of enactment of
the Act. If FERC reinstates the licenses and extends the
deadline for commencing construction, the transfer of the
licenses to the Town of Canton must also take place within 270
days of the date of enactment of the Act.
Legislative History
On January 13, 2010, H.R. 4451 was introduced by Rep.
Christopher Murphy of Connecticut, and referred to the
Committee on Energy and Commerce.
On January 15, 2010, H.R. 4451 was referred to the
Subcommittee on Energy and Environment.
On March 24, 2010, the Subcommittee on Energy and
Environment met in open markup session. H.R. 4451 was forwarded
to the full Committee, without amendment, by a voice vote.
On May 26, 2010, the full Committee met in open markup
session to consider H.R. 4451 as approved by the Subcommittee
on Energy and Environment. An amendment in the nature of a
substitute, offered by Mr. Murphy, was adopted by a voice vote.
Subsequently, H.R. 4451 was ordered favorably reported,
amended, to the House by a voice vote.
On June 14, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 4451 (H. Rept. 111-505).
On June 16, 2010, H.R. 4451 was considered by the House
under suspension of the rules and passed, as amended, by a
voice vote.
On June 17, 2010, H.R. 4451 was received by the Senate and
read twice and referred to the Senate Committee on Energy and
Natural Resources.
On June 24, 1010, S. 3532, companion legislation identical
to H.R. 4451 as passed by the House, was introduced by Senators
Dodd (D-CT) and Lieberman (I-CT). That same day, S. 3532 was
referred to the Senate Committee on Energy and Natural
Resources.
No further action was taken on H.R. 4451 or S. 3532 during
the 111th Congress.
ASSISTANCE, QUALITY, AND AFFORDABILITY (AQUA) ACT OF 2010
H.R. 5320 (H.R. 5289)
To amend the Safe Drinking Water Act to increase assistance
for states, water systems, and disadvantaged communities; to
encourage good financial and environmental management of water
systems; to strengthen the Environmental Protection Agency's
ability to enforce the requirements of the Act; to reduce lead
in drinking water; to strengthen the endocrine disruptor
screening program; and for other purposes.
Summary
H.R. 5320 is a bill to amend the Safe Drinking Water Act
(SDWA) to authorize increased assistance to states, water
systems, and disadvantaged communities, encourage improved
financial and environmental management of water systems,
provide the Environmental Protection Agency (EPA) with
additional tools for enforcement, reduce lead in drinking water
fixtures and piping, and amend the Endocrine Disruptor
Screening Program (EDSP) for chemicals in drinking water.
The bill reauthorizes and increases the authorization
levels for the drinking water state revolving fund (SRF) and
technical assistance for small systems. It adds projects
designed to improve the sustainability and long-term viability
of water systems to the list of priorities that should inform
state funding decisions and encourages public water systems to
improve their managerial capacity and reduce their
environmental impact. It provides priority for SRF funds for
water systems serving disadvantaged communities that cannot
afford to comply with new drinking water standards and requires
states to provide additional assistance to water systems
serving disadvantaged communities and struggling to comply with
existing drinking water standards.
The bill also changes the legal definition of ``lead-free''
for pipes and fixtures from 8% lead to 0.25% lead in wetted
surfaces. It increases the funding available to the territories
for drinking water infrastructure. It provides additional tools
for enforcement of the Safe Drinking Water Act by clarifying
requirements for technical assistance and follow-up inspections
and amends the Endocrine Disruptor Screening Program for
chemicals in drinking water by outlining transparent procedures
for requiring testing and updating methods.
Legislative History
On May 13, 2010, the Subcommittee on Energy and Environment
held a legislative hearing on proposed legislative language to
reauthorize the Safe Drinking Water Act state revolving fund.
At this hearing, witnesses representing rural and metropolitan
water systems, and state administrators testified on the SRF-
related portions of the legislation. The Subcommittee also
received testimony on the provisions related to the Endocrine
Disruptor Screening Program (EDSP) from Sarah Janssen,
representing the Natural Resources Defense Council, and Terry
Quill, of Quill Law Group. Cynthia Dougherty, Director of the
U.S. Environmental Protection Agency (EPA) Office of Ground
Water and Drinking Water, offered testimony on all provisions
of the bill.
On May 18, 2010, H.R. 5320 was introduced by Reps. Waxman
and Markey, and subsequently referred to the Committee on
Energy and Commerce. That same day, the bill was referred to
the Subcommittee on Energy and Environment.
On May 19, 2010, the Subcommittee on Energy and Environment
met in open markup session to consider H.R. 5320. A manager's
amendment in the form of an amendment in the nature of a
substitute offered by Mr. Markey was adopted, amended, by a
voice vote. H.R. 5320 was then favorably forwarded to the full
Committee, amended, by a rollcall vote of 18-13.
On May 26, 2010, the full Committee met in open markup
session to consider H.R. 5320 as approved by the Subcommittee.
A manager's amendment in the form of an amendment in the nature
of a substitute offered by Mr. Waxman was adopted, amended, by
a voice vote. Subsequently, the Committee ordered H.R. 5320
favorably reported to the House, amended, by a rollcall vote of
45-1.
On July 1, 2010, the Committee on Energy and Commerce filed
the House report on H.R. 5320 (H. Rept. 111-524).
On July 30, 2010, the House considered H.R. 5320 under
suspension of the rules and passed, as amended, by a voice
vote.
On August 2, 2010, the Senate received H.R. 5320 and on
August 5, 2010, the bill was referred to the Senate Committee
on Environment and Public Works.
No further action was taken on H.R. 5320 during the 111th
Congress. Provisions in this bill relating to reduction in lead
in drinking water were enacted under S. 3874/H.R. 5289.
BLOWOUT PREVENTION ACT OF 2010
H.R. 5626
To protect public health and safety and the environment by
requiring the use of safe well control technologies and
practices for the drilling of high-risk oil and gas wells in
the United States, and for other purposes.
Summary
H.R. 5626 establishes new federal regulatory requirements
to prevent future spills from oil and gas wells. These new
requirements apply to all oil and gas wells on the Outer
Continental Shelf (OCS) and to other high-risk wells that could
cause extensive and widespread harm to public health and safety
or the environment in the event of a blowout.
To ensure greater accountability, the bill requires the oil
company CEO to certify that the well design is safe, that the
blowout preventer (BOP) has redundant systems for all
foreseeable blowout scenarios and failure modes, and that the
company can promptly control and stop a blowout if the BOP and
other well control measures fail.
The Committee's investigation of the April 2010 explosion
on Deepwater Horizon rig contracted by BP to drill for oil
revealed multiple flaws in BP's BOP, including emergency
controls that did not activate, dead batteries, leaking
hydraulic systems, and disconnected rams. To increase the
reliability of this essential safety device, H.R. 5626 sets
minimum standards for BOPs, including the requirement that the
BOP have two sets of blind shear rams and redundant emergency
backup control systems that can activate when communications
from the rig are severed.
To ensure wells are drilled with the highest possible
safety standards, the bill requires the installation of at
least three barriers across each hydrocarbon flow path, the
installation and pressure testing of lockdown devices, adequate
centralization of casing, the circulation of drilling fluids
prior to cementing, and cement bond logs for all cementing
programs intended to provide a barrier to hydrocarbon flow. New
standards will also require steps to minimize the risk of
ignition of hydrocarbons during a blowout or well control
event. In addition, oil companies are required to maintain a
team of experienced and highly qualified engineers to advise
the well operator on safety.
To ensure compliance with the new requirements, H.R. 5626
requires that BOPs, well designs, and cementing procedures be
certified as safe by independent, third-party inspectors
selected by the federal regulator, not the oil company.
H.R. 5626 protects whistleblowers that raise safety
concerns and establishes requirements for well operators and
contractors to stop work when there are conditions indicating
an immediate risk of a blowout.
The legislation also establishes significant civil and
criminal penalties for violations, including criminal fines of
up to $10,000,000 per day for knowing and willful violations.
The bill establishes an independent Well Control Technical
Advisory Committee to review proposed regulations, respond to
requests for advice from the federal officials, assess
implementation, and provide periodic reports assessing
available well control technologies and practices.
H.R. 5626 also provides the Chemical Safety and Hazard
Investigation Board with unrestricted access to personnel and
records in investigating oil spills.
The provisions of the Act apply to (1) all wells on the OCS
and (2) other wells if they could cause extensive and
widespread impacts in the event of a blowout and are not
effectively regulated by the state. For wells drilled on the
OCS, the federal regulator has the responsibility to enforce
the provisions of the Act. For wells drilled offshore in state
waters that could cause extensive and widespread impacts, the
state has the responsibility to enforce the provisions of the
Act or comparable provisions, unless the state lacks an
adequate regulatory regime, in which case the federal regulator
enforces the provisions. For wells drilled on land that could
cause extensive and widespread impacts, the state or the
federal government has the primary responsibility to regulate
the wells effectively, depending on where the wells are
located.
Legislative History
On June 29, 2010, H.R. 5626 was introduced by Chairmen
Waxman, Markey, and Stupak, and subsequently referred to the
Committee on Natural Resources, and in addition to the
Committee on Energy and Commerce.
On June 30, 2010, H.R. 5626 was referred to the
Subcommittee on Energy and Environment. That same day, the
Subcommittee held a legislative hearing on H.R. 5626. The
Subcommittee received testimony from the Honorable David J.
Hayes, Deputy Secretary of the Interior; Mr. John Martinez,
Consulting Production Engineer, Production Associates; and Mr.
Elgie Holstein, Senior Director for Federal Strategy,
Environmental Defense Fund.
On July 15, 2010, the Committee on Energy and Commerce met
in open markup session to consider H.R. 5626, discharging the
Subcommittee from further consideration. A manager's amendment
in the form of an amendment in the nature of a substitute was
offered by Mr. Waxman. The Committee adopted several amendments
to the manager's amendment by voice votes, and then agreed to
the amendment in the nature of a substitute, as amended, by a
voice vote. Subsequently, H.R. 5626 was ordered favorably
reported to the House, amended, by a rollcall vote of 48-0 with
1 member voting ``present.''
On July 29, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 5626 (H. Rept. 111-581, Part 1).
Key provisions of H.R. 5626 were incorporated into H.R.
3534, the Consolidated Land, Energy, and Aquatic Resources
(CLEAR) Act of 2009, a bill reported by the House Committee on
Natural Resources. On July 30, 2010, the House passed H.R.
3534, as amended, by a rollcall vote of 209-193 with 1 member
voting ``present.'' H.R. 3534 was received by the Senate and
placed on the Senate Legislative Calendar on August 3, 2010. It
was then read a second time and placed on the Senate
Legislative Calendar under General Orders.
No further action was taken on H.R. 5626 or H.R. 3534
during the 111th Congress.
RESOLUTION OF INQUIRY
(H. Res. 449)
Resolution of inquiry requesting the President to provide
certain documents in his possession to the House of
Representatives relating to the Environmental Protection
Agency's April 2009 proposed finding that greenhouse gas
emissions are a danger to public health and welfare, having
considered the same, report thereon without amendment and
without recommendation.
Summary
H. Res. 449 requests the President to transmit to the House
of Representatives, not later than 14 days after adoption of
the resolution, all documents in his possession produced by the
Administrator of the Environmental Protection Agency (EPA) or
the Director of the Office of Management and Budget relating
to: (1) The untitled, undated memo marked ``Deliberative--
Attorney Client Privilege,'' which begins ``The NPRM fails to
articulate the process by which the Administrator came to the
conclusion on p. 30''; (2) Interagency comments or documents
related to the Environmental Protection Agency's April proposed
finding that greenhouse gas emissions are a danger to public
health and welfare; (3) Cost benefit or systematic risk
analysis related to the Environmental Protection Agency's April
proposed finding that greenhouse gas emissions are a danger to
public health and welfare; (4) Scientific evidence or opinion
that demonstrates health effects of greenhouse gases.
Legislative History
On May 15, 2009, H. Res. 449 was introduced by Rep.
Sensenbrenner of Wisconsin and referred to the Committee on
Energy and Commerce.
On June 10, 2009, the Committee on Energy and Commerce met
in open markup session to consider H. Res. 449. The Committee
ordered the resolution to be reported to the House without
amendment and without recommendation by a voice vote.
On June 12, 2009, the Committee on Energy and Commerce
filed the House report on H. Res. 449 (H. Rept. 111-146).
No further action was taken on H. Res. 449 during the 111th
Congress.
RESOLUTION OF INQUIRY
(H. Res. 1466)
Resolution of inquiry requesting the President and
directing the Secretary of Energy to provide certain documents
to the House of Representatives relating to the Department of
Energy's application to foreclose use of Yucca Mountain as a
high level nuclear waste repository.
Summary
H. Res 1466 would request the President and direct the
Secretary of Energy to produce, not later than 14 days after
adoption of the resolution, all documents in possession of the
Secretary of Energy or Director of the Office of Management and
Budget related to (1) the Department of Energy's (DOE's) motion
to withdraw its licensing application for the Yucca Mountain
repository, (2) the elimination of funding for Yucca Mountain,
(3) DOE's reprogramming of fiscal year 2010 funds to bring the
Yucca Mountain project to an orderly close, (4) DOE's
discontinuation of monitoring and data collection at the Yucca
Mountain site, and (5) DOE's efforts to preserve documents
supporting its Yucca Mountain license application.
Legislative History
On June 22, 2010, H. Res. 1466 was introduced by Rep.
Sensenbrenner of Wisconsin and referred to the Committee on
Energy and Commerce.
On July 17, 2010, the Committee on Energy and Commerce met
in open markup session to consider H. Res. 1466. The Committee
ordered the resolution to be reported to the House without
amendment and without recommendation by a voice vote.
On July 19, 2010, the Committee on Energy and Commerce
filed the House report on H. Res. 1466 (H. Rept. 111-550).
No further action was taken on H. Res. 1466 during the
111th Congress.
Oversight Activities
IMPACTS OF H.R. 3795, THE OVER-THE-COUNTER DERIVATIVES MARKETS ACT OF
2009, ON ENERGY MARKETS
On December 2, 2009, the Subcommittee on Energy and
Environment held an oversight hearing on the impacts of H.R.
3795, the Over-the-Counter Derivatives Markets Act of 2009, on
Energy Markets. The hearing examined the impact of potential
Commodity Futures Trading Commission (CFTC) regulation on
organized energy markets currently regulated by the Federal
Energy Regulatory Commission (FERC), both under current law and
under the provisions of H.R. 3795. At the time of the hearing,
the bill had recently been reported by the House Agriculture
and Financial Services Committees.
The hearing examined concerns that the broad definition of
``swap'' in H.R. 3795 would significantly disrupt transmission
and electricity markets by creating the potential for
conflicting or duplicative regulation by the CFTC. The
Subcommittee heard testimony regarding concerns that the
definition of ``swap'' potentially subjects a number of FERC-
regulated markets to CFTC regulation and, by application of the
exclusive jurisdiction provision of the Commodity Exchange Act,
could strip FERC of its regulatory authority and its ability to
ensure ``just and reasonable'' prices. The Subcommittee also
examined the question of whether H.R. 3795 could undermine
authorities that Congress gave FERC in the aftermath of the
California energy crisis to prevent, investigate, and penalize
market manipulation.
The Subcommittee heard testimony from the Chairman of the
Federal Energy Regulatory Commission and the Chairman of the
Commodity Future Trading Commission. The Subcommittee received
further testimony from the Edison Electric Institute, the
American Public Power Association, the National Rural Electric
Cooperative Association, the Electric Power Supply Association,
and PJM Interconnection, Inc. Each of the witnesses addressed
the potential for regulatory duplication or conflict, impacts
on FERC's existing regulatory authority, and impacts on the
functioning of FERC-regulated energy markets, including those
operated by Regional Transmission Organizations and Independent
System Operators.
COAL COMBUSTION WASTE DISPOSAL
On December 10, 2009, the Subcommittee on Energy and
Environment held an oversight hearing to examine the safe
drinking water and health impacts associated with current coal
combustion waste disposal practices. Coal-fired power plants
generate over 130 million tons of coal combustion waste each
year, the second largest single waste stream in the United
States. Despite containing hazardous constituents, coal
combustion waste is exempt from federal hazardous waste
management regulation. At the time of the hearing, the
Environmental Protection Agency was preparing a proposed rule
regulating coal combustion waste disposal.
The hearing reviewed the regulatory status of coal
combustion waste as well as the negative health and drinking
water consequences associated with current disposal practices.
The Subcommittee heard testimony from three citizens whose
health and drinking water were negatively impacted by coal
combustion waste disposal. The Subcommittee received further
testimony from Earthjustice, the Electric Power Research
Institute, an expert in public health policy, and a practicing
physician.
THE EXXONMOBIL-XTO MERGER: IMPACTS ON U.S. ENERGY MARKETS
On January 20, 2010, the Subcommittee on Energy and
Environment held an oversight hearing to examine the proposed
merger of ExxonMobil Corporation and XTO Energy Inc., and the
ramifications for U.S. oil and natural gas markets.
The purpose of the hearing was to examine the intended
merger of two of the largest players in the U.S. oil and gas
exploration and production market. The proposed ExxonMobil-XTO
merger would create the largest natural gas producer in the
United States with the largest base of domestic natural gas
reserves in the industry. The new entity would leverage XTO's
significant experience and technical expertise in development
of unconventional natural gas deposits to create a new
international unconventional resource division within the
merged company's exploration and production business segment.
XTO's specialization in unconventional onshore gas production,
especially its experience with hydraulic fracturing, was
considered to be a key component in the merger agreement. The
Subcommittee heard testimony from the Chairman and CEO of
ExxonMobil Corporation, and the Chairman of the Board and
Founder of XTO Energy, Inc.
ENDOCRINE DISRUPTING CHEMICALS IN DRINKING WATER
On February 25, 2010, the Subcommittee on Energy and
Environment held an oversight hearing to examine the science
and regulation of endocrine disruptors that may be found in
sources of drinking water. The hearing reviewed the progress of
the Environmental Protection Agency (EPA) in screening
contaminants for their potential to disrupt the human endocrine
system under the Endocrine Disruptor Screening Program (EDSP).
EPA issued the first test orders for the program in October of
2009, selecting 67 pesticide chemicals to undergo the first
round of testing. The Deputy Assistant Administrator in EPA's
Office of Prevention, Pesticides and Toxic Substances testified
that EPA is on track to obtain endocrine screening data on
several hundred chemicals within the next several years.
The hearing also focused on the state of the science and
ongoing research on endocrine disrupting chemicals. The
Director of the National Institute for Environmental Health
Sciences testified that even low exposures to endocrine
disruptors can have effects on the body, and that these effects
can be observed long after exposure has ceased. The
Subcommittee also heard testimony from the Natural Resources
Defense Council and the president of a toxicological consulting
firm.
OVERSIGHT OF THE FEDERAL ENERGY REGULATORY COMMISSION
On March 23, 2010, the Subcommittee on Energy and
Environment held an oversight hearing on the Federal Energy
Regulatory Commission (FERC). The hearing examined how the FERC
was implementing its statutory duties and authorities. The
Subcommittee received testimony from the Federal Energy
Regulatory Commission members: Chairman Jon Wellinghoff,
Commissioner Marc Spitzer, Commissioner Philip Moeller, and
Commissioner John Norris. FERC initiatives discussed by the
witnesses included: integration of renewable resources into the
power system; implementation of smart grid and energy storage
technologies and systems; promotion of demand response
measures; development of electric transmission, including
planning, siting, and cost-allocation; oversight and protection
of the electricity and natural gas markets against fraud or
manipulation; promotion of just and reasonable rates and fair
competition in electricity and natural gas markets; and
protecting the security of the grid against cyber security
threats and other vulnerabilities.
CLEAN ENERGY POLICIES THAT REDUCE OUR DEPENDENCE ON OIL
On April 28, 2010, the Subcommittee on Energy and
Environment held an oversight hearing on clean energy policies
that reduce U.S. dependence on oil. The hearing examined the
U.S. Environmental Protection Agency's policies that reduce our
dependence on oil, including motor vehicle tailpipe greenhouse
gas standards and associated endangerment finding. The impact
of oil dependence on our economy and national security and how
EPA regulations and future policies can reduce that dependence
were also discussed in the hearing.
The Subcommittee heard from a panel of both governmental
and stakeholder witnesses. The EPA Administrator delivered
testimony on regulations that reduce our dependence on oil,
including tailpipe standards, the renewable fuels standard, and
the EPA's endangerment finding. The President of the National
Petrochemical and Refiners Association also provided testimony
on the recent EPA regulations. The Chairman, President, and CEO
of FedEx Corporation discussed the impact of oil dependence on
our economic and national security, and ways that the U.S.
might reduce its dependence on oil as a transportation fuel.
The Vice President for North America of Better Place commented
on the economic and national security benefits of the
electrification of transportation systems. A Security Fellow at
the Truman National Security Project delivered testimony on the
impacts of our reliance on oil on national security and our
armed forces.
BP OIL SPILL
On April 20, 2010, the Deepwater Horizon, an oil rig
contracted by BP to drill a deepwater well in the Gulf of
Mexico, exploded. Eleven people died and 15 were injured. After
a second explosion on April 22, 2010, the Deepwater Horizon
sank, and on April 24, 2010, remotely operated vehicles (ROVs)
confirmed that the oil was spewing from the site into the Gulf
of Mexico.
A total of four member-level briefings were convened by the
Subcommittee on Energy and Environment: (1) a May 4, 2010,
briefing by representatives from BP, Transocean, and
Halliburton for members and staff regarding the ongoing events
and response; (2) a May 19, 2010, briefing titled ``Sizing up
the BP Oil Spill: Science and Engineering Measuring Methods;''
(3) a May 21, 2010, briefing titled ``Oceans Under Siege:
Environmental Impacts of the BP Oil Spill;'' (4) a June 9,
2010, briefing titled ``Beneath the Surface of the BP Spill:
What's Happening Now, What's Needed Next.''
The Subcommittee on Energy and Environment held a series of
five oversight hearings on the explosion of the Deepwater
Horizon oil drilling rig and subsequent spill.
On May 27, 2010, the Subcommittee held a hearing titled
``Combating the BP Oil Spill.'' The hearing examined the
ongoing response to the spill. The Subcommittee received
testimony from representatives of EPA, the National Oceanic and
Atmospheric Administration (NOAA), the Department of the
Interior (DOI), the Army (Civil Works), and the United States
Coast Guard (USCG) on behalf of the Unified Area Command.
On June 10, 2010, the Subcommittee held a hearing titled
``The BP Oil Spill: Human Exposure and Environmental Fate.''
The hearing examined the potential impacts to humans and the
environment associated with the spill. The Subcommittee
received testimony from a number of scientists and academics
from: the Department of Marine and Geochemistry at the Woods
Hole Oceanographic Institution; the Louisiana State University
Health Services Center-New Orleans, School of Public Health;
and the Natural Resources Defense Council.
On June 15, 2010, the Subcommittee held a hearing titled
``Drilling Down on America's Energy Future: Safety, Security
and Clean Energy.'' The Subcommittee received testimony from
the top executives of the five largest oil companies:
ExxonMobil, Chevron, ConocoPhillips, Shell Oil Co., and BP
America, Inc. Each of the witnesses discussed the impacts of
the nation's dependence on oil; the safety of drilling
operations especially those associated with the oil spill in
the Gulf of Mexico; and actions to develop and promote the use
of renewable and alternative energy sources that can reduce our
overall dependence on oil.
On July 20, 2010, the Subcommittee held a joint hearing
with the Subcommittee on Oversight and Investigations on ``The
Role of the Interior Department in the Deepwater Horizon
Disaster.'' Testimony was received from past and present
Secretaries of the Interior. The hearing examined DOI's role in
the regulation of deepwater drilling prior to the disaster, and
DOI's actions to respond to the spill.
On August 19, 2010, the Subcommittee held a hearing titled
``The BP Oil Spill: Accounting for the Spilled Oil and Ensuring
the Safety of Seafood from the Gulf.'' The hearing examined
potential impacts to the marine environment and fisheries that
are associated with the spill and its cleanup. The Subcommittee
received testimony from two panels of witnesses, representing
government agencies, scientists, and members of the seafood
industry. The first panel included: the Senior Scientist in the
Office of Response and Restoration at NOAA; the Assistant
Administrator in the Office of Research and Development at EPA;
and the Acting Deputy Director at the Center for Food Safety
and Applied Nutrition at the Food and Drug Administration
(FDA). The second panel included: a professor of Oceanography
at Florida State University; the Chief Executive Officer of
Motivatit Seafood, LLC; the Vice President of the Louisiana
Shrimpers Association; the President of Dean Blanchard Seafood,
Inc.; and the Senior Scientist with the Oceans Programs at the
Natural Resources Defense Council.
The subcommittee also sent a total of 46 letters regarding
the Deepwater Horizon rig, the Macondo well spill and response.
Of the 46 letters sent by the subcommittee 25 went to BP, 8
went to other oil companies, and 13 letters went to a variety
of federal agencies and commissions. BP received letters from
the subcommittee regarding: publicly available live video feeds
of the well; flow rate estimates; evidence of an undersea oil
plume; access to data and video for independent scientists;
relief well efforts; hurricane response plans; and efforts to
stop the flow of oil. The five largest oil companies received
letters regarding their Oil Spill Response Plans (OSRPs) for
the Gulf of Mexico. The June 15, 2010 hearing revealed that the
OSRPs were virtually identical for all five companies, and
contained outdated and erroneous information. The EPA, USCG,
DOI, the U.S. Government Accountability Office (GAO), the U.S.
General Services Administration (GSA), the Federal Trade
Commission (FTC), and the National Oil Spill Commission all
received letters from the subcommittee. Topics covered by these
letters included: the use and safety of oil dispersants;
reports of formaldehyde-contaminated trailers being used as
living quarters for those aiding in the spill cleanup; the
status of thousands of temporarily abandoned wells in the Gulf
of Mexico; evolving flow rate estimates; live video feeds,
wellbore integrity, and the actions to shut in the Macondo
well.
PIPELINE SAFETY OVERSIGHT AND LEGISLATION
On September 23, 2010, the Subcommittee on Energy and
Environment held a hearing on pipeline safety oversight and
legislation. The hearing addressed the recent pipeline safety
incidents and proposals for reauthorization or reform of the
pipeline safety statute. The hearing examined several high-
profile pipeline incidents that highlighted the issue of
pipeline safety, including the July 26, 2010, rupture of the
Enbridge line 6B, in Marshall, Michigan; the September 9, 2010,
rupture of the Enbridge line 6A, in Romeoville, Illinois; and
the September 9, 2010, explosion of a PG&E natural gas pipeline
in San Bruno, California.
The Subcommittee heard testimony from Rep. Mark Schauer (D-
MI) regarding his legislative proposal: H.R. 6008, the
``Corporate Liability and Emergency Accident Notification
(CLEAN) Act.'' The Subcommittee also received testimony from
the Administrator of the Pipeline and Hazardous Materials
Safety Administration (PHMSA) on the nature of PHMSA's
oversight of recent incidents, and how those incidents bear on
proposals for reform or reauthorization of the pipeline safety
statute. The Administrator also provided PHMSA's technical and
policy views on H.R. 6008. The Vice Chairman of the National
Transportation Safety Board (NTSB) discussed the status,
preliminary findings, and expected process for the
investigations of the recent pipeline safety incidents. He also
commented on NTSB's recommendations for reform and
reauthorization of the pipeline safety statute.
The Executive Vice President of Enbridge Inc. provided
testimony on the causes of recent safety incidents; cleanup and
remediation actions taken by Enbridge; compensation of
homeowners, residents, and state, local and federal
governments; and the steps Enbridge has taken with regard to
the improvement of safety. The subcommittee also received
testimony from the Vice President of the Pipeline Safety Trust
and a number of industry witnesses, who all discussed the
extent to which recent pipeline safety incidents bear on
proposals for reform or reauthorization of the pipeline safety
statute and provided their views on the Administration's
proposal for reauthorization of the pipeline safety statute and
on H.R. 6008. The industry witnesses included the President and
CEO of the Interstate Natural Gas Association of America, the
President and CEO of the Association of Oil Pipelines, and the
Senior Vice President and Chief Operating Officer for the
American Gas Association.
HYDRAULIC FRACTURING
The Subcommittee conducted an investigation into hydraulic
fracturing, a method of oil and gas extraction in which water,
chemicals, and propping agents are pumped into production wells
at high pressure. Combined with horizontal drilling techniques,
hydraulic fracturing has opened up vast new reserves of natural
gas previously thought unattainable. This investigation was not
completed prior to adjournment of the 111th Congress.
The widespread adoption of the hydraulic fracturing
practice has raised concerns about impacts on human health and
the environment, including potential contamination of sources
of drinking water. Federal agencies currently do not have
access to a full accounting of the types and quantities of
chemicals used in hydraulic fracturing fluids, although some
states require limited disclosure. Oil and gas exploration and
production facilities are exempt from the Toxic Release
Inventory reporting requirements, and the Energy Policy Act of
2005 exempted hydraulic fracturing from regulation under the
Safe Drinking Water Act unless it involves fracturing fluids
that contain diesel.
As Chairman of the House Committee on Oversight and
Government Reform, Chairman Waxman wrote to the CEOs of
Halliburton, BJ Services, and Schlumberger and requested data
on the types and volume of chemicals used in their hydraulic
fracturing fluids between 2005 and 2007. The companies provided
information which revealed that Halliburton and BJ Services
continued to use diesel fuel in their fracturing fluids even
after signing a voluntary Memorandum of Agreement with the
Environmental Protection Agency in 2003 agreeing not to use
diesel fuel in 2003. The responses indicated that the companies
also used other potentially dangerous chemicals in hydraulic
fracturing fluids.
On February 17, 2010, the Subcommittee sent letters to
eight companies engaged in hydraulic fracturing in the United
States. The Subcommittee requested the most recent data on the
types and quantities of chemicals used in hydraulic fracturing
fluids with additional information on whether the companies
injected these fluids in, near, or below an underground source
of drinking water. The Committee also requested documents
related to any allegations that the hydraulic fracturing caused
harm to human health or the environment. In addition, the
Committee requested information on the chemical contents of
water produced from hydraulic fracturing operations and how the
companies dispose of this waste. On May 6, 2010, the
Subcommittee sent document request letters to six more
companies in order to assess a broader range of industry
practice.
Using the information provided, the Subcommittee has
compiled a detailed account of hydraulic fracturing as
currently practiced in the United States. However, the oil and
gas service companies were unable to respond to two components
of the request: information on whether hydraulic fracturing has
been performed in or near underground sources of drinking water
and information on the recovery and disposal of water and other
fluids that flow back to the surface of the well. To obtain
this information, the Subcommittee sent letters to ten oil and
natural gas producers in the United States on July 19.
Documents have been received in response to this request and
are currently under review.
Hearings Held
The Future of Coal Under Climate Legislation.--Hearing on
the future of coal under an economy-wide cap on greenhouse gas
emissions, including the technologies and policies that may
help reduce coal's carbon footprint. Hearing held March 10,
2009. PRINTED, Serial No. 111-10.
Consumer Protection Policies in Climate Legislation.--
Hearing on proposals designed to assist consumers under a cap-
and-trade system to reduce greenhouse gas emissions. Hearing
held March 12, 2009. PRINTED, Serial No. 111-14.
Competitiveness and Climate Policy: Avoiding Leakage of
Jobs and Emissions.--Hearing on domestic legislative provisions
to prevent the leakage of jobs and carbon emissions from the
Untied States to countries that do not take similar action to
curb their greenhouse gas emissions. Hearing held March 18,
2009. PRINTED, Serial No. 111-17.
Preparing for Climate Change: Adaptation Policies and
Programs.--Hearing on ongoing adaptation efforts, and potential
policies in climate change legislation to assist in those
efforts. Hearing held March 25, 2009. PRINTED, Serial No. 111-
21.
The American Clean Energy and Security Act of 2009.--
Hearings on the views of the Administration and a broad range
of stakeholders on the discussion draft. Hearings held April
21-24, 2009. PRINTED, Serial No. 111-29.
Allowance Allocation Policies in Climate Legislation:
Assisting Consumers, Investing in a Clean Energy Future, and
Adapting to Climate Change.--Hearing on examining allocation
policies under the American Clean Energy and Security Act
(ACES). Hearing held June 9, 2009. PRINTED, Serial No. 111-44.
The Future of the Grid: Proposals for Reforming National
Transmission Policy.--Hearing on proposals for new legislation
on transmission planning, cost allocation, and siting
authority. Hearing held June 12, 2009. PRINTED, Serial No. 111-
48.
H.R. 3276, the American Medical Isotopes Production Act of
2009: Solving the Medical Isotope Crisis.--Legislative hearing
on H.R. 3276, the American Medical Isotopes Production Act of
2009. Hearing held September 9, 2009. PRINTED, Serial No. 111-
61.
Legislative Hearing on H.R. 3258, the Drinking Water System
Security Act of 2009, and H.R. 2868, the Chemical Facility
Anti-Terrorism Act of 2009.--Legislative hearing on H.R. 3258,
the Drinking Water System Security Act of 2009, and H.R. 2868,
the Chemical Facility Anti-Terrorism Act of 2009. Hearing held
October 1, 2009. PRINTED, Serial No. 111-68.
Legislative Hearing on H.R. 515, the Radioactive Import
Deterrence Act. Hearing held October 16, 2009. PRINTED, Serial
No. 111-73.
Protecting the Grid: H.R. 2165, the Bulk Power System
Protection Act of 2009, and H.R. 2195.--Legislative hearing on
pending bills to address the protection of the electric grad
from cyber and other malicious attacks. Hearing held October
27, 2009. PRINTED, Serial No. 111-77.
Impacts of H.R. 3795, the Over-the-Counter Derivatives
Markets Act of 2009, on Energy Markets.--Hearing to address the
impacts on organized energy markets regulated by the Federal
Energy Regulatory Commission (FERC) of H.R. 3795, reported by
the House Agriculture and Financial Services Committees.
Hearing held December 2, 2009. PRINTED, Serial No. 111-84.
Drinking Water and Public Health Impacts of Coal Combustion
Waste.--Hearing to examine the safe drinking water and health
impacts associated with current practices for the disposal of
coal fly ash. Hearing held December 10, 2009. PRINTED, Serial
No. 111-88.
The ExxonMobil-XTO Merger: Impacts on U.S. Energy
Markets.--Hearing on the proposed merger of ExxonMobil
Corporation and XTO Energy Inc., and the ramifications for U.S.
oil and natural gas markets. Hearing held January 20, 2010.
PRINTED, Serial No. 111-91.
Endocrine Disrupting Chemicals in Drinking Water: Risks to
Human Health and the Environment.--Hearing on the science and
regulation of endocrine disruptors that may be found in sources
of drinking water. Hearing held February 25, 2010. PRINTED,
Serial No. 111-99.
HomeStar: Job Creation through Home Energy Retrofits.--
Legislative hearing on proposed legislation to incentivize home
energy retrofits and reduce unemployment in the construction
and related sectors. Hearing held March 18, 2010. PRINTED,
Serial No. 111-105.
Oversight of the Federal Energy Regulatory Commission.--
Hearing on how the Federal Energy Regulatory Commission (FERC)
is implementing its statutory duties and authorities, focusing
on a number of key priorities. Hearing held March 23, 2010.
PRINTED, Serial No. 111-107.
Clean Energy Policies That Reduce Our Dependence on Oil.--
Hearing on EPA's policies that reduce our dependence on oil,
including the recent tailpipe greenhouse gas standards and
associated endangerment finding, and the impact of oil
dependence on our economy and national security. Hearing held
April 28, 2010. PRINTED, Serial No. 111__113.
H.R. __, the Assistance, Quality, and Affordability Act of
2010.--Legislative hearing on legislation to reauthorize the
Safe Drinking Water Act State Revolving Fund, H.R. __, the
``Assistance, Quality, and Affordability Act of 2010''
(``AQUA''). Hearing held May 13, 2010. PRINTED, Serial No. 111-
125.
Combating the BP Oil Spill.--Hearing on the ongoing
response to the oil spill at the Deepwater Horizon drilling rig
site that was spreading across the Gulf of Mexico. Hearing held
May 27, 2010. PRINTED, Serial No. 111-128.
The BP Oil Spill: Human Exposure and Environmental Fate.--
Hearing on some of the potential impacts to humans and the
environment associated with the spill. Hearing held June 10,
2010. PRINTED, Serial No. 111-132.
Drilling Down on America's Energy Future: Safety, Security
and Clean Energy.--Hearing with the top executives of the five
largest oil companies, on the impacts of the nation's
dependence on oil, the safety of drilling operations and the
oil spill at the Deepwater Horizon rig in the Gulf of Mexico,
and actions to develop and promote the use of renewable and
alternative energy sources that can reduce our overall
dependence on oil. Hearing held June 15, 2010. PRINTED, Serial
No. 111-134.
Legislation to Respond to the BP Oil Spill and Prevent
Future Oil Well Blowouts.--Legislative hearing on proposed
legislation to respond to the oil spill at the Deepwater
Horizon rig and prevent future oil well blowouts. Hearing held
June 30, 2010. PRINTED, Serial No. 111-140.
The Role of the Interior Department in the Deepwater
Horizon Disaster.--Hearing on the Interior Department's actions
before and since the Deepwater Horizon explosion on April 20,
2010. Hearing held July 20, 2010, jointly with the Subcommittee
on Oversight and Investigations. PRINTED, Serial No. 111-145.
The BP Oil Spill: Accounting for the Spilled Oil and
Ensuring the Safety of Seafood from the Gulf.--Hearing on the
potential impacts to the marine environment and fisheries that
are associated with the spill and its cleanup. Hearing held
August 19, 2010. PRINTED, Serial No. 111-152.
Pipeline Safety Oversight and Legislation.--Hearing on
recent pipeline safety incidents and proposals for
reauthorization or reform of the pipeline safety statute.
Hearing held September 23, 2010. PRINTED, Serial No. 111-159.
Subcommittee on Health
Public Health
Legislative Activities
FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT
Public Law 111-31 (H.R. 1256, S. 982)
To protect the public health by providing the Food and Drug
Administration with certain authority to regulate tobacco
products, and for other purposes.
Summary
The prevalence of tobacco use and its toll on human lives
has long been a public health concern. The Food and Drug
Administration (FDA) made its first attempt to address the harm
caused by tobacco use in 1996. On August 28, 1996, FDA asserted
jurisdiction over tobacco products under the authority of the
Federal Food, Drug, and Cosmetic Act (FFDCA) and issued a final
rule aimed at reducing underage smoking and use of smokeless
tobacco products. The tobacco industry challenged this rule in
court, claiming that FDA had exceeded its authority. A
resulting Supreme Court decision in 2000, while acknowledging
that tobacco use posed ``perhaps the single most significant
threat to public health in the United States,'' found that
Congress had not given FDA authority over tobacco products as
part of the FFDCA.
The Family Smoking Prevention and Tobacco Control Act
amends the FFDCA to grant FDA the authority to regulate tobacco
products. It gives FDA explicit authority over tobacco products
in a new chapter of the FFDCA relating solely to tobacco, and
authorizes FDA to regulate tobacco products ``as appropriate
for the protection of the public health.'' This new standard is
more appropriate for inherently dangerous tobacco products than
the standards of ``safe'' or ``safe and effective,'' which
apply to other FDA-regulated products.
The law allows the Secretary of the Department of Health
and Human Services (HHS) to restrict the sale and distribution
of tobacco products, including advertising and promotion, if
the Secretary determines that such regulation would be
appropriate for the protection of the public health. It also
allows the Secretary to take specified actions, including
public notification and recall, against unreasonably harmful
products.
The law requires the Secretary to establish tobacco product
standards to protect the public health, but prohibits the
Secretary from banning a class of tobacco products, such as all
cigarettes, or reducing the nicotine level to zero. The law
sets forth standards for the sale of modified-risk tobacco
products and prohibits cigarettes from containing, as a
characterizing flavor, any artificial or natural flavor (other
than tobacco or menthol). It sets forth provisions regarding
judicial review, coordination with the Federal Trade
Commission, congressional review of regulations, and state and
local authority. The law also requires the Secretary to
establish a Tobacco Products Scientific Advisory Committee.
The law also amends the Federal Cigarette Labeling and
Advertising Act to change cigarette warning label and
advertising requirements. In addition, it amends the
Comprehensive Smokeless Tobacco Health Education Act of 1986 to
change smokeless tobacco warning label and advertising
requirements. The law requires stronger and more specific
health warnings, as well as the eventual incorporation of
graphic warnings on cigarette packs, and gives FDA authority to
enlarge and enhance them further.
The law grants FDA the authority to strictly regulate so-
called ``reduced harm'' products and to prohibit unproven
health claims by tobacco product manufacturers. It prohibits
the use of descriptors such as ``light'', ``mild'', and ``low''
to characterize the level of a substance in a product in labels
or in advertising.
The law provides FDA the authority to require product
changes in current and future tobacco products, such as the
reduction or elimination of ingredients, additives, and
constituents (including smoke constituents). In addition, it
requires manufacturers to provide detailed disclosure of
ingredients, nicotine levels, and harmful smoke constituents.
Legislative History
On March 3, 2009, H.R. 1256 was introduced in the House by
Rep. Waxman of California and was referred to the Committee on
Energy and Commerce, and also to the Committee on Oversight and
Government Reform. H.R. 1256 was referred to the Subcommittee
on Health on March 3, 2009. The full Committee discharged the
Subcommittee on Health from consideration on March 4, 2009.
On March 4, 2009, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1256. A number of
amendments were offered but each one was either withdrawn or
defeated by a voice vote. Subsequently, H.R. 1256 was ordered
favorably reported to the House without amendment by a rollcall
vote of 39-13.
On March 18, 2009, the Committee on Oversight and
Government Reform met in open markup session, and H.R. 1256 was
ordered favorably reported to the House, amended, by a voice
vote.
On March 26, 2009, the Committee on Energy and Commerce
filed a House report on H.R. 1256 (H. Rept. 111-58, Part 1).
That same day, the Committee on Oversight and Government Reform
also filed a House report on H.R. 1256, as amended by that
Committee (H. Rept. 111-58, Part 2).
On April 2, 2009, H.R. 1256 was called up in House and
passed, amended, by a rollcall vote of 298-112.
H.R. 1256 was received by the Senate on April 2, 2009, and
placed on the Senate Legislative Calendar.
On May 5, 2009, S. 982, the Family Smoking Prevention and
Tobacco Control Act (companion legislation to H.R. 1256) was
introduced by Sen. Kennedy of Massachusetts, and referred to
the Senate Committee on Health, Education, Labor, and Pensions
(HELP).
On May 20, 2009, the Committee on HELP met in open markup
session and agreed to order S. 982 favorably reported, as
amended.
No further action occurred on S. 982 as the Senate took up
H.R. 1256, the House companion bill to S. 982. During Senate
consideration on the floor, a substituted amendment with the
text of S. 982 as reported by the Committee on HELP, was
offered to H.R. 1256 as passed by the House, and was adopted by
the Senate during its deliberations.
On June 11, 2009, the Senate passed H.R. 1256, as amended,
by a rollcall vote of 79-17.
On June 12, 2009, the House agreed to concur with the
Senate amendments to the House amendments to H.R. 1256 by a
rollcall vote of 307-97, clearing the measure for the White
House.
On June 22, 2009, H.R. 1256 was signed into law by the
President and became Public Law 111-31.
RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009
Public Law 111-87 (H.R. 3792, S. 1793)
To amend title XXVI of the Public Health Service Act to
revise and extend the program for providing life-saving care
for those with HIV/AIDS.
Summary
The Ryan White HIV/AIDS Treatment Extension Act of 2009
extends the Ryan White Program for four years, amending title
XXVI of the Public Health Service Act (the Ryan White Care Act)
to reauthorize many of the provisions in their current form and
making several changes. It re-establishes the provisions of the
Act, retroactive to September 30, 2009.
The Ryan White program, administered by the Health
Resources and Services Administration (HRSA), is composed of
four major parts: (1) Part A provides grants to large and mid-
sized cities with a high incidence and/or prevalence of HIV and
AIDS; (2) Part B provides grants to states and territories, and
includes the AIDS Drug Assistance Program (ADAP); (3) Part C
provides early intervention grants to public and private
nonprofit entities, such as community clinics; and (4) Part D
provides grants to public and nonprofit entities for family
centered care and support services for women, infants,
children, and youth with HIV/AIDS. The other components,
collectively referred to as Part F, include the AIDS Dental
Reimbursement (ADR) Program, the AIDS Education and Training
Centers (AETCs), the Special Projects of National Significance
(SPNS) Program, and the Minority AIDS Initiative (MAI).
The law authorizes a 5% increase in funding for Parts A
through D and Part F, and eliminates/repeals all prior sunset
provisions. It increases authorizations for the MAI by 5%
annually. It reverts from competitive funding in Part A and
Part B to formula funding, and requires the Government
Accountability Office (GAO) to report on MAI activities across
departmental agencies, including a description of best
practices in capacity-building.
The law maintains the same provisions for states and
jurisdictions with maturing names-based HIV case data during
the first two years of the reauthorization period.
Jurisdictions that report code-based data will continue to
incur a 5% penalty against their count of living cases of HIV
and will still be subject to a 5% cap on increases in the HIV
case count. In 2012, the 5% penalty is increased to 6%.
Beginning in fiscal year 2013, code-based protections are
eliminated and all states are required to report cases using a
names-based system.
The law extends current rules for transitional grant area
status. It adds a provision that if a metropolitan area has
between 1400 and 1500 cumulative living AIDS cases and does not
have more than 5% of its total grants unobligated for the prior
fiscal year, it will be treated as having met the criteria for
continued eligibility as a Transitional Grant Area (TGA). The
law continues the hold harmless requirements at a rate of 95%
of fiscal year 2009 funding in 2010 and 100% of fiscal year
2010 funding for each of the fiscal years 2011 and 2012. For
fiscal year 2013, the amount is set at 92.5% of the previous
fiscal year's grant. The hold harmless status will continue to
apply to both Part A and Part B grants.
The Secretary of HHS is required to establish a national
HIV/AIDS testing goal of 5 million tests through federally-
supported HIV/AIDS prevention, treatment, and care programs,
both at the Centers for Disease Control and Prevention (CDC)
and through other federal programs. The Secretary is required
to report to Congress each year on the progress made toward
achieving this goal, and to review each domestic HIV/AIDS
prevention program to determine its effectiveness based on the
program's contributions toward the testing goal and the
program's stated purposes.
Legislative History
On September 9, 2009, the Subcommittee on Health held a
hearing on a discussion draft of the legislation, prior to the
introduction of H.R. 3792.
On October 13, 2009, H.R. 3792 was introduced in the House
by Rep. Pallone of New Jersey and referred to the Committee on
Energy and Commerce, and then referred to the Subcommittee on
Health.
On October 14, 2009, the Subcommittee on Health met in open
markup session and considered H.R. 3749. The Subcommittee then
forwarded H.R. 3792 favorably to the full Committee without
amendment by a voice vote.
On October 15, 2009, the Committee on Energy and Commerce
met in open markup session and considered H.R. 3792 as approved
by the Subcommittee on Health. H.R. 3792 was then ordered
favorably reported to the House without amendment by a voice
vote.
On October 20, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 3792 (H. Rept. 111-305).
No further action was taken on H.R. 3792. The Senate
companion bill was acted on in lieu of H.R. 3792.
On October 15, 2009, S. 1793, the Ryan White HIV/AIDS
Treatment Extension Act of 2009 (companion legislation to H.R.
3792) was introduced by Sen. Harkin of Iowa, referred to the
Committee on Health, Education, Labor, and Pensions, and
reported to the Senate that same day.
On October 19, 2009, S. 1793 passed the Senate, amended, by
unanimous consent.
On October 21, 2009, S. 1793 was passed under suspension of
the rules by the House, as amended, by a rollcall vote of 408-
9, clearing the measure for the White House.
On October 30, 2009, S. 1793 was signed into law by the
President and became Public Law 111-87.
COMBAT METHAMPHETAMINE ENHANCEMENT ACT OF 2010
Public Law 111-268 (H.R. 2923, S. 256)
To enhance the ability to combat methamphetamine.
Summary
The Combat Methamphetamine Enhancement Act of 2010 amends
the Controlled Substances Act to increase the compliance of
retailers and distributors of pseudoephedrine and ephedrine
products (which are precursor chemicals for the production of
methamphetamine) with the 2006 Combat Methamphetamine Epidemic
Act. The law clarifies that all persons engaged in retail sales
of pseudoephedrine or ephedrine products, including by mail
order, must self-certify that they have trained their personnel
and agree to comply with the Combat Methamphetamine Epidemic
Act. It requires distributors of these products to sell only to
retailers who are registered with the Drug Enforcement Agency
(DEA). The law requires the DEA to provide a downloadable
database of all retailers which have filed self-certifications
on their website so that distributors can check their customers
against this database to ensure compliance. It clarifies that a
retailer which negligently fails to file self-certification as
required can face civil fines.
Legislative History
On June 17, 2009, H.R. 2923 was introduced in the House by
Rep. Gordon of Tennessee and referred to the Committee on
Energy and Commerce, and in addition to the Committee on the
Judiciary.
On June 18, 2009, H.R. 2923 was referred to the
Subcommittee on Health.
On January 15, 2009, S. 256, the Combat Methamphetamine
Enhancement Act of 2009 (companion legislation to H.R. 2923)
was introduced by Sen. Feinstein of California and referred to
the Senate Committee on the Judiciary.
On March 23, 2009, the Senate Committee on the Judiciary
met in open markup session and ordered S. 256 to be favorably
reported.
On June 8, 2009, S. 256 passed the Senate by unanimous
consent.
On June 9, 2009, S. 256 was received in the House and
referred to the Committee on Energy and Commerce, and in
addition to the Committee on the Judiciary.
No further action was taken on S. 256 in the 111th
Congress.
On July 22, 2010, the Subcommittee on Health met in an open
markup session to consider H.R. 2923 and subsequently forwarded
the bill favorably to the full Committee without amendment by a
voice vote.
On July 28, 2010, the Committee on Energy and Commerce met
in an open markup session and considered H.R. 2923 as approved
by the Subcommittee on Health. The bill was then ordered
favorably reported to the House without amendment by a voice
vote.
On September 22, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 2923 (H. Rept. 111-615, Part 1).
On September 22, 2010, the House passed H.R. 2923 under the
suspension of the rules by a voice vote.
On September 23, 2010, the Senate received H.R. 2923.
On September 27, 2010, H.R. 2923 passed the Senate by
unanimous consent, clearing the measure for the White House.
On October 12, 2010, H.R. 2923 was signed into law by the
President and became Public Law 111-268.
SECURE AND RESPONSIBLE DRUG DISPOSAL ACT OF 2010
Public Law 111-273 (S. 3397, H.R. 5809)
To amend the Controlled Substances Act to provide for take-
back disposal of controlled substances in certain instances.
Summary
According to the Department of Justice's 2009 National
Prescription Drug Threat Assessment, the number of deaths and
treatment admissions for controlled prescription drugs has
increased significantly in recent years, especially among
teenagers between the ages of 12 and 17 years old. Many state
and local law enforcement agencies have established drug
disposal programs (often called ``take-back'' programs) to
facilitate the collection and destruction of unused, unwanted,
or expired medications. These programs help get outdated or
unused medications off household shelves and out of the reach
of children and teenagers. Drug take-back programs, however,
often cannot dispose of the most dangerous pharmaceutical
drugs--controlled substance medications--because Federal law
does not permit the programs to accept such medications unless
they get specific permission from the Drug Enforcement
Administration (DEA), and arrange for full-time law enforcement
officers to receive the controlled substances directly from the
individual who seeks to dispose of them. Consequently,
individuals seeking to dispose of unwanted controlled
substances in their household are left with few disposal
options beyond discarding or flushing the substances. These
forms of disposal can introduce potentially harmful substances
into the environment, especially the water.
The Secure and Responsible Drug Disposal Act of 2010 amends
the Controlled Substances Act to allow the delivery of
lawfully-possessed unused pharmaceutical controlled substances
to appropriate entities for disposal in a safe and effective
manner consistent with effective controls against diversion.
Specifically, it allows unregistered ultimate users of
lawfully-possessed controlled substances, or in the case where
the ultimate users are deceased, the persons lawfully entitled
to dispose of their property, to deliver the controlled
substances to authorized persons who will dispose of them in
accordance with regulations issued by the Attorney General to
prevent their diversion. The law also allows the Attorney
General, through regulation, to authorize long term care
facilities to dispose of controlled substances on behalf of
ultimate users who reside or have resided there. The Attorney
General may not require any entity to establish or operate a
delivery or disposal program. The law requires the United
States Sentencing Commission to review and, if appropriate,
amend its guidelines and policy statements to ensure an
appropriate penalty increase for people convicted of a drug
offence involving receipt of a controlled substance for
disposal.
Legislative History
On July 21, 2010, H.R. 5809, the Safe Drug Disposal Act of
2010, was introduced in the House by Rep. Inslee of Washington
and referred to the Committee on Energy and Commerce, and in
addition to the Committee on the Judiciary.
On July 22, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 5809. That same day, the
Subcommittee on Health met in an open markup session on H.R.
5809 and forwarded the bill favorably to the full Committee,
amended, by a voice vote.
On July 28, 2010, the Committee on Energy and Commerce met
in open markup session on H.R. 5809. After agreeing by a voice
vote to an amendment by Mr. Stupak of Michigan, the Committee
ordered H.R. 5809 favorably reported to the House, amended, by
a voice vote.
On September 22, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 5809 (H. Rept. 111-618, Part 1).
On September 22, 2010, H.R. 5809 passed the House, as
amended, under suspension of the rules by a voice vote.
On September 23, 2010, the Senate received H.R. 5809 with
the House amendment and referred the bill to the Senate
Committee on the Judiciary.
Earlier on May 24, 2010, S. 3397, the Senate companion bill
to H.R. 5809, was introduced by Sen. Klobuchar of Minnesota and
referred to the Senate Committee on the Judiciary.
On July 29, 2010, the Committee on the Judiciary met in
open markup session on S. 3397 and reported the bill, amended,
to the Senate.
On August 3, 2010, S. 3397, as amended, passed the Senate
by unanimous consent.
On September 29, 2010, S. 3397, as amended, passed the
House, under suspension of the rules, by a voice vote. That
same day, S. 3397, as amended by the House, passed the Senate
by unanimous consent, clearing the measure for the White House.
The Senate and the House passed the Secure and Responsible
Drug Disposal Act under the Senate number in lieu of H.R. 5809,
which remained pending in the Senate. The Senate later took up
H.R. 5809, striking the language from the bill and amended it
with the text of unrelated energy legislation. H.R. 5809 was
then passed by the Congress as the Diesel Emissions Reduction
Act of 2010 (for further information, see the Subcommittee on
Energy and Environment legislative activities contained in this
report).
On October 12, 2010, S. 3397 was signed into law by the
President and became Public Law 111-273.
EARLY HEARING DETECTION AND INTERVENTION ACT OF 2010
Public Law 111-337 (H.R. 1246, S. 3199)
To amend the Public Health Service Act regarding early
detection, diagnosis, and treatment of hearing loss.
Summary
The Early Hearing Detection and Intervention Act of 2010
amends the Public Health Service Act to (1) expand the newborns
and infants hearing loss program to include diagnostic services
among the services provided; and (2) require the Secretary of
the Department of Health and Human Services, acting through the
Administrator of the Health Resources and Services
Administration (HRSA), to assist in the recruitment, retention,
education, and training of qualified personnel and health care
providers to implement the Early Hearing Detection and
Intervention (EHDI) Program.
The law revises the purposes of EHDI Program to include:
(1) developing and monitoring the efficacy of statewide
programs and systems for hearing screening of newborns and
infants, prompt evaluation and diagnosis of children referred
from screening programs, and appropriate education,
audiological, and medical interventions for children identified
with hearing loss; (2) developing efficient models to ensure
that newborns and infants who are identified with a hearing
loss through screening receive follow-up by a qualified health
care provider; and (3) ensuring an adequate supply of qualified
personnel to meet the screening, evaluation, and early
intervention needs of children.
The law amends the definition of ``early intervention'' to
require that families be given the opportunity to obtain the
full range of appropriate early intervention services,
educational and program placements, and other options for their
child from highly qualified providers. It requires the
Secretary of HHS to establish a postdoctoral fellowship program
to foster research and development in the area of early hearing
detection and intervention.
Legislative History
On March 2, 2009, H.R. 1246 was introduced in the House by
Rep. Capps of California and referred to the Committee on
Energy and Commerce. H.R. 1246 was referred to the Subcommittee
on Health, but was discharged from further consideration on
March 4, 2009.
On March 4, 2009, the Committee on Energy and Commerce met
in open markup session on H.R. 1246 and subsequently ordered
the bill favorably reported to the House without amendment by a
voice vote.
On March 23, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 1246 (H. Rept. 111-44).
On March 30, 2009, the House passed H.R. 1246 under
suspension of the rules by a voice vote.
On March 31, 2009, H.R. 1246 was received in the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions. No further action was taken on H.R. 1246 as the
bill was superseded by the Senate companion bill, S. 3199.
On March 14, 2010, S. 3199, the Early Hearing Detection and
Intervention Act of 2010, was introduced by Sen. Snowe of Maine
and referred to the Senate Committee on Health Education,
Labor, and Pensions (HELP).
On December 1, 2010, the Committee on HELP met in open
markup session and S. 3199 was favorably reported, amended.
On December 7, 2010, S. 3199 passed the Senate, as amended,
by unanimous consent.
On December 15, 2010, the House passed S. 3199, under
suspension of the rules, by a voice vote, clearing the measure
for the White House.
On December 22, 2010, S. 3199 was signed into law by the
President and became Public Law 111-337.
TO REAUTHORIZE AND ENHANCE JOHANNA'S LAW TO INCREASE PUBLIC AWARENESS
AND KNOWLEDGE WITH RESPECT TO GYNECOLOGIC CANCERS
Public Law 111-324 (H.R. 2941)
To reauthorize and enhance Johanna's Law to increase public
awareness and knowledge with respect to gynecologic cancers.
Summary
Johanna's Law reauthorizes and expands CDC programs to
educate women and healthcare providers about gynecologic
cancers. It authorizes $16.5 million for the period of fiscal
years 2010 through 2012 and such sums as are necessary for each
subsequent fiscal year for these efforts. It further creates
demonstration projects to evaluate research and outreach
strategies for educating women and healthcare providers about
gynecological cancers. For fiscal years 2010 through 2012, $15
million is authorized for these activities; such sums as are
necessary are authorized for each subsequent fiscal year.
Legislative History
On June 18, 2009, H.R. 2941 was introduced in the House by
Rep. DeLauro of Connecticut and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on June 19, 2009.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 2941.
On September 16, 2010, the Subcommittee on Health met in an
open markup session on H.R. 2941 and forwarded favorably the
bill to the full Committee, amended, by a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in an open markup session to consider H.R. 2941 as approved
by the Subcommittee. Subsequently, H.R. 2941 was ordered
favorably reported to the House, amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 2941 (H. Rept. 111-635).
On September 30, 2010, H.R. 2941 passed the House, as
amended, under suspension of the rules by a voice vote.
On November 15, 2010, the Senate received H.R. 2941 with
the House amendment and referred the bill to the Committee on
Health, Education, Labor, and Pensions (HELP).
On December 1, 2010, the Senate Committee on HELP met in
open markup session on H.R. 2941 and ordered the bill favorably
reported with an amendment.
On December 10, 2010, the Senate passed H.R. 2941, amended,
by unanimous consent.
On December 16, 2010, the House, under suspension of the
rules, agreed by a voice vote to concur with the Senate
amendment to the House amendment to H.R. 2941, clearing the
measure for the White House.
On December 22, 2010, H.R. 2941 was signed into law by the
President and became Public Law 111-324.
FOOD SAFETY ENHANCEMENT ACT OF 2009
Awaiting White House Action (H.R. 2751, H.R. 2749)
To amend the Federal Food, Drug, and Cosmetic Act to
improve the safety of food in the global market, and for other
purposes.
Summary
H.R. 2749, the Food Safety Enhancement Act of 2009, would
amend the Federal Food, Drug, and Cosmetic Act (FFDCA) to
improve the safety of food, and for other purposes.
The bill would create an up-to-date registry of all food
facilities serving American consumers, and requires all
facilities operating within the U.S. or importing food to the
U.S. to register with FDA annually. It would generate resources
to support FDA oversight of food safety, and requires payment
of an annual registration fee of $500 per facility that would
generate revenue for food safety activities at FDA.
The bill would require foreign and domestic food facilities
to have safety plans in place to identify and mitigate hazards,
and those plans and food facility records would be subject to
review by FDA inspectors and third-party certifiers. A minimum
inspection frequency for foreign and domestic facilities would
be set. Each high risk facility would be inspected at least
once every six to 12 months; each low risk facility would be
inspected at least once every 18 months to three years; and
each warehouse would be inspected at least once every five
years. Refusing, impeding or delaying an inspection is
prohibited.
The bill would grant the Secretary of HHS the authority to
issue mandatory performance standards for reducing hazards. It
would direct the Secretary to require certain foreign food to
be certified as meeting all U.S. food safety requirements by
third parties accredited by FDA. It would create a fast-track
import process for food meeting security standards, by
directing FDA to develop voluntary safety and security
guidelines for imported foods. Importers meeting the guidelines
would receive expedited processing.
The bill would require safety plans for fresh produce and
certain other raw agricultural commodities. It directs FDA, in
coordination with the Department of Agriculture (USDA), to
issue regulations for ensuring the safe production and
harvesting of fruits and vegetables and other raw agricultural
commodities, like mushrooms.
FDA's traceback capabilities are significantly expanded in
the event of a foodborne illness outbreak. The Secretary of HHS
would be directed to issue traceback regulations that enable
the Secretary to identify the history of the food in as short a
timeframe as practicable, but no longer than two business days.
Prior to issuing such regulations, the Secretary would be
required to conduct a feasibility study, public meetings, and
one or more pilot projects before issuing traceback
regulations. There are exemptions for certain foods or
facilities. The bill would require all processed food labels to
indicate the country in which final processing occurred and
country-of-origin labeling for all produce.
The bill would require FDA to establish a program to
recognize laboratory accreditation bodies and to accept test
results only from duly accredited laboratories. Laboratories
would be required to send certain test results directly to FDA.
It would provide FDA new authority to issue mandatory recalls
of tainted foods, and strengthens penalties imposed on food
facilities that fail to comply with safety requirements. The
bill would allow FDA to charge a fee to cover the cost of
additional inspections of faculties that previously committed a
violation of the FFDCA related to food, and enhances FDA's
ability to administratively detain tainted food products.
The Secretary would be directed to enhance foodborne
illness surveillance systems to improve the collection,
analysis, reporting, and usefulness of data on foodborne
illnesses. The bill would require the Secretary to provide
greater coordination between federal, state, and local
agencies.
The bill would enhance the transparency of the ``Generally
Recognized as Safe'' (GRAS) program, by requiring posting on
FDA's website of documentation submitted to FDA in support of
GRAS notification.
It would create specific new regulations pertaining to
infant formula. A manufacturer of a new infant formula would be
required to submit certain safety information regarding new
ingredients and grants FDA additional time to review such new
ingredients.
The bill would provide the Secretary with the ability to
prohibit or restrict movement of harmful food products. If the
Secretary, after consultation with a governor, determines there
is credible evidence that an article of food presents an
imminent threat, he or she would be able to prohibit or
restrict movement of food in the state or portion of the state.
The bill would require unique identification numbers for
facilities and importers to improve the accuracy of data and
the ability for FDA to more quickly to identify involved
parties in a crisis situation.
The bill would prohibit entities regulated by FDA from
discriminating against an employee in retaliation for assisting
in any investigation regarding any conduct which the employee
reasonably believes constitutes a violation of federal law. FDA
would be granted new authority to subpoena records related to
possible violations.
Legislative History
On June 8, 2009, H.R. 2749 was introduced in the House by
Rep. Dingell of Michigan and referred to the Committee on
Energy and Commerce.
On June 10, 2009, the Subcommittee on Health met in an open
markup session, and on June 11, 2009, H.R. 2749 was forwarded
favorably to the full Committee, amended, by a voice vote.
On June 17, 2009, the Committee on Energy and Commerce met
in open markup session, and H.R. 2749 was ordered favorably
reported, as amended, by a voice vote.
On July 29, 2009, the Committee on Energy and Commerce
reported H.R. 2749, as amended, to the House (H. Rept. 111-
234). That same day, H.R. 2749, as amended, failed to pass the
House, under suspension of the rules, by a rollcall vote of
280-150.
On July 30, 2009, H.R, 2749, as amended, passed the House
by a rollcall vote of 283 to 142.
On August 3, 2009, H.R. 2749 was received in the Senate and
referred to the Committee on Health, Education, Labor, and
Pensions. No further action was taken on H.R. 2749 in the 111th
Congress.
On November 18, 2009, the Senate Committee on Health,
Education, Labor, and Pensions (HELP) considered in markup S.
510 (Senate companion bill to H.R. 2749), which was previously
introduced by Sen. Durbin of Illinois on March 3, 2009. The
Senate Committee ordered the bill the Senate with an amendment.
On December 18, 2009, the Senate Committee on HELP reported the
bill with an amendment in the nature of a substitute.
The Senate considered S. 510 and motions thereto September
29, November 17, 18, 29, and 30, 2010.
On November 30, 2010, S. 510 passed the Senate, as amended,
by a rollcall vote of 73-25. No further action was taken on S.
510 in the 111th Congress.
On December 19, 2010, H.R. 2751, an unrelated bill passed
by the House and pending on the Senate Legislative Calendar,
was laid before the Senate by unanimous consent. A motion to
strike all after the enacting clause of H.R. 2751 and take the
text of S. 510, as passed the Senate and modified with the
changes in an amendment at the desk, was agreed to by unanimous
consent. Subsequently the Senate agreed to H.R. 2751 as amended
by unanimous consent. The title of the bill was also amended to
read as: A bill to amend the Federal Food, Drug, and Cosmetic
Act with respect to the safety of the food supply.
On December 21, 2010, the House agreed to the Senate
amendments to H.R. 2751 by adopting a motion by Mr. Dingell of
Michigan by a rollcall vote of 215-144, clearing the measure
for the White House.
On December 29, 2010, H.R. 2751 was presented to the
President.
H.R. 2751, as approved by the House and the Senate, was
awaiting action by the President when this report was filed.
NATIONAL ALZHEIMER'S PROJECT ACT
Awaiting White House Action (H.R. 4689, S. 3036)
To establish the Office of the National Alzheimer's
Project.
Summary
The National Alzheimer's Project Act establishes the Office
of the National Alzheimer's Project, in the Office of the
Secretary of the Department of Health and Human Services to:
(1) accelerate the development of treatments that would
prevent, halt, or reverse the course of Alzheimer's; (2) create
and maintain an integrated national plan to overcome
Alzheimer's; (3) help to coordinate the health care and
treatment of citizens with Alzheimer's; (4) ensure the
inclusion of ethnic and racial populations that are at higher
risk for Alzheimer's or that are least likely to receive care
in clinical, research, and service efforts with the purpose of
decreasing health disparities; (5) coordinate with
international bodies to integrate and inform the fight against
Alzheimer's globally; and (6) provide information and
coordination of Alzheimer's research and services across all
federal agencies. The law establishes an Advisory Council on
Alzheimer's Research Treatment comprised of Federal and non-
Federal experts on Alzheimer's disease.
Legislative History
On February 25, 2010, H.R. 4689 was introduced in the House
by Rep. Markey of Massachusetts and referred to the Committee
on Energy and Commerce. For further action on H.R. 4689 in the
111th Congress, see action taken on S. 3036, a Senate companion
bill.
On February 24, 2010, S. 3036, the National Alzheimer's
Project Act (Senate companion bill to H.R. 4689) was introduced
by Sunbath of Indiana and referred to the Committee on Health,
Education, Labor, and Pensions.
On December 1, 2010, the Committee on Health, Education,
Labor, and Pensions met in open markup session, and S. 3036 was
ordered favorably reported, amended, to the Senate.
On December 8, 2010, S. 3036 passed the Senate, as amended,
by unanimous consent.
On December 15, 2010, S. 3036, as amended by the Senate,
passed the House under suspension of the rules by a voice vote,
clearing the measure for the White House.
On December 28, 2010, S. 3036 was presented to the
President.
S. 3036, as approved by the House and the Senate, was
awaiting action by the President when this report was filed.
STATUTORY TIME-PERIODS TECHNICAL AMENDMENTS ACT OF 2009
Public Law 111-16 (H.R. 1626)
To make technical amendments to laws containing time
periods affecting judicial proceedings.
Summary
The Statutory Time-Periods Technical Amendments Act of 2009
amends federal bankruptcy, criminal, and civil law, as well as
the Classified Information Procedures Act and the Controlled
Substances Act, to extend specified deadlines affecting court
proceedings to harmonize them with recent amendments to the
federal time-computation rules intended to provide
predictability and uniformity to the current process of
calculating court deadlines.
Legislative History
On March 13, 2009, H.R. 1626 was introduced in the House by
Rep. Johnson of Georgia and referred to the Committee on Energy
and Commerce, and also to the Committee on the Judiciary.
On April 22, 2009, H.R. 1626 passed the House, under
suspension of the rules, by a voice vote. On April 27, 2009,
H.R. 1626 passed the Senate by unanimous consent.
On May 7, 2009, H.R. 1626 was signed by the President and
became Public Law 111-16.
MELANIE BLOCKER STOKES MOM'S OPPORTUNITY TO ACCESS HEALTH, EDUCATION,
RESEARCH, AND SUPPORT FOR POSTPARTUM DEPRESSION ACT
(H.R. 20)
To provide research on, and services for individuals with,
postpartum depression and psychosis.
Summary
H.R. 20, the Melanie Blocker Stokes Mom's Opportunity to
Access Health, Education, Research, and Support for Postpartum
Depression Act, encourages the Secretary of HHS, the Director
of the National Institute of Mental Health (NIMH), and the
Director of the National Institutes of Health (NIH) to
coordinate activities and continue aggressive work with respect
to postpartum depression and postpartum psychosis. In addition,
the Director of NIMH would be directed to continue supporting
research on understanding the causes of postpartum depression
and finding a cure through various activities including: (1)
basic research concerning the etiology and causes of the
conditions; (2) epidemiological studies to address the
frequency and natural history of the conditions and the
differences among racial and ethnic groups with respect to the
conditions; (3) development of improved screening and
diagnostic techniques; (4) clinical research for the
development and evaluation of new treatments; and (5)
information and education programs for health care
professionals and the public.
H.R. 20 would direct the Secretary of HHS to make grants to
provide for projects for the establishment, operation, and
coordination of effective and cost-efficient systems for the
delivery of essential services to individuals with postpartum
depression or postpartum psychosis. Recipients of these grants
would be required to be either a public or nonprofit private
entity.
Legislative History
On January 6, 2009, H.R. 20 was introduced in the House by
Rep. Rush of Illinois and referred to the Committee on Energy
and Commerce. The bill was referred to the Subcommittee on
Health on January 14, 2009. The Subcommittee was discharged on
March 4, 2009.
On March 4, 2009, the Committee on Energy and Commerce met
in open markup session to consider H.R. 20. Subsequently the
Committee ordered H.R. 20 favorably reported to the House,
amended, by a voice vote.
On March 23, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 20 (H. Rept. 111-48).
On March 30, 2009, H.R. 20 passed the House, amended, under
suspension of the rules, by a rollcall vote of 391-8.
On March 31, 2009, H.R. 20 was received in the Senate and
referred to the Committee on Health, Education, Labor, and
Pensions.
No further action was taken on H.R. 20 in the 111th
Congress; however, provisions of the legislation were included
in the House-passed health reform bill. For further action, see
H.R. 3962.
CALLING FOR 2-1-1 ACT OF 2009
(H.R. 211)
To facilitate the nationwide availability of 2-1-1
telephone service for information and referral on health and
human services, including volunteer services.
Summary
H.R. 211, Calling for 2-1-1 Act of 2009, would require the
Secretary of HHS to award a grant to each state (based on a
formula to be developed by the Secretary) to make the 2-1-1
health and human services referral service available throughout
the state. The 2-1-1 service is to be operated through a lead
entity that either has previously had responsibility to carry
out this service or meets certain criteria. The bill would
authorize $150 million for each of fiscal years 2009 and 2010
and $100 million for each of fiscal years 2011 through 2014 to
carry out the bill's activities.
Legislative History
On January 6, 2009, H.R. 211 was introduced in the House by
Rep. Eshoo of California and referred to the Committee on
Energy and Commerce. Subsequently, the bill was referred to the
Subcommittee on Health on January 14, 2009.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 211.
No further action was taken on H.R. 211 in the 111th
Congress.
CHRISTOPHER AND DANA REEVE PARALYSIS ACT
(H.R. 307)
To enhance and further research into paralysis and to
improve rehabilitation and the quality of life for persons
living with paralysis and other physical disabilities.
Summary
H.R. 307, the Christopher and Dana Reeve Paralysis Act,
would authorize the Director of the National Institutes of
Health to develop mechanisms to coordinate the paralysis
research and rehabilitation activities of NIH institutes and
centers in order to further advance such activities and avoid
their duplication. The bill would also authorize the Director
of NIH to make awards of grants to public or private entities
to pay all or part of the cost of planning, establishing,
improving, and providing basic operating support for consortia
in paralysis research. It would require the Director to
designate each such consortium as a Christopher and Dana Reeve
Paralysis Research Consortium.
In addition, the bill would authorize the Secretary of
Health and Human Services to study the health challenges
associated with paralysis and other physical disabilities and
carry out projects and interventions to improve the quality of
life and long-term health status of individuals with such
conditions. It would authorize the Secretary to award grants
for activities related to paralysis, including grants to
establish paralysis registries and to disseminate information
to the public.
Legislative History
On January 8, 2009, H.R. 307 was introduced in the House by
Rep. Baldwin of Wisconsin and referred to the Committee on
Energy and Commerce, and then referred to the Subcommittee on
Health on January 14, 2009. It was discharged from subcommittee
consideration on March 4, 2009.
On March 4, 2009, the Committee on Energy and Commerce met
in open markup session to consider H.R. 307 and then ordered
the bill favorably reported to the House without amendment by a
voice vote.
On March 23, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 307 (H. Rept. 111-45).
No further action was taken on H.R. 307 in the 111th
Congress.
WAKEFIELD ACT
(H.R. 479)
To amend the Public Health Service Act to provide a means
for continued improvement in emergency medical services for
children.
Summary
The Emergency Medical Services for Children (EMSC) Program,
under section 1910 of the Public Health Services Act, is the
only federal program that focuses specifically on improving the
pediatric components of emergency medical care. This program
began in 1984 and covers the entire spectrum of emergency
medical care, but it is designed to ensure state-of-the-art
emergency medical care for ill or injured children and
adolescents. The EMSC Program provides grants to states to
improve existing Early Emergency Medical Services (EMS) systems
and to schools of medicine to develop and evaluate improved
procedures and protocols for treating children.
H.R. 479, the Wakefield Act, would reauthorize the EMSC
Program. It would amend the Public Health Service Act to extend
by one year the length of time for which a grant may be awarded
from a three year period with an optional fourth year, to a
four year period with an optional fifth year. It would
authorize appropriations of $25 million for fiscal year 2010
and $138 million for fiscal years 2010 through 2014.
Legislative History
On January 13, 2009, H.R. 479 was introduced in the House
by Rep. Matheson of Utah and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on January 14, 2009, but subsequently discharged from
consideration on March 4, 2009.
On March 4, 2009, the Committee on Energy and Commerce met
in open markup session to consider H.R. 479, which was ordered
favorably the House, amended, by a voice vote.
On March 23, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 479 (H. Rept. 111-43).
On March 30, 2009, the House passed H.R. 479 under
suspension of the rules by a rollcall vote of 390-6.
On March 31, 2009, the Senate received H.R. 479 and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
No further action was taken on H.R. 479 in the 111th
Congress.
VISION CARE FOR KIDS ACT OF 2009
(H.R. 577)
To establish a grant program to provide vision care to
children.
Summary
H.R. 577, the Vision Care for Kids Act of 2009, would amend
the Public Health Service Act to include a new section
authorizing the Secretary of HHS, acting through the Director
of CDC, to award grants to states for: (1) comprehensive eye
examinations for children previously identified as needing
these services; (2) treatment or services to correct vision
problems; and (3) development and dissemination of education
materials on recognizing signs of visual impairment. Eligible
children would not be able to receive coverage for vision
services through a private insurance policy, nor be eligible
for vision services through Medicaid, the Children's Health
Insurance Program, or any other federal or state health benefit
programs. These children would have to be defined by their
states as low-income.
The legislation would prioritize services for children who
are under the age of nine. It would require the Secretary of
HHS to give priority to states that will provide services to
the lowest income children within the state. States would be
required to ensure that grant funds supplement, and not
supplant, any other federal, state, or local funds available to
carry out similar activities and coordinate grant programs
under the bill with existing federal and state programs that
provide services to children. States would be required to
provide assurances that the state will not eliminate or
otherwise reduce vision care benefits provided under Medicaid.
All grant funds would be required to be expended on eligible
children. To receive grants, states would be required to
contribute at least 25% of activity costs (75-25 federal-state
match), and up to 20% of a state's grant funding may be used
for education and awareness. The bill would authorize the
appropriation of $65 million for fiscal years 2009 through
2013.
Legislative History
On January 15, 2009, H.R. 577 was introduced in the House
by Rep. Gene Green of Texas and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on January 16, 2009, but subsequently discharged from
consideration on March 4, 2009.
On March 4, 2009, the Committee on Energy and Commerce met
in open markup session to consider H.R. 577, which was ordered
favorably reported to the House, amended, by a voice vote.
On March 23, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 577 (H. Rept. 111-46).
On March 31, 2009, the House passed H.R. 577 under
suspension of the rules by a rollcall vote of 404-17.
On April 1, 2009, the Senate received H.R. 577 and referred
to the Senate Committee on Health, Education, Labor, and
Pensions.
No further action was taken on H.R. 577 in the 111th
Congress.
NATIONAL PAIN CARE POLICY ACT OF 2009
(H.R. 756)
To amend the Public Health Service Act to provide support
for various pain care activities.
Summary
H.R. 756, the National Pain Care Policy Act of 2009, would
amend the Public Health Service Act to authorize the Secretary
of HHS to: (1) contract with the Institute of Medicine to
convene a national conference on pain; (2) to support programs
to educate and train health professionals in pain care; and (3)
to implement a national pain care education, outreach, and
awareness campaign. The bill would authorize the appropriation
of various amounts for each of these purposes for fiscal years
2010 through 2012.
Legislative History
On January 28, 2009, H.R. 756 was introduced in the House
by Rep. Capps of California and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on January 29, 2009, but subsequently discharged from
consideration on March 4, 2009.
On March 4, 2009, the Committee on Energy and Commerce met
in open markup session to consider H.R. 756, which was ordered
favorably reported to the House without amendment by a voice
vote.
On March 23, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 756 (H. Rept. 111-43).
On March 30, 2009, the House passed H.R. 756 under
suspension of the rules by a rollcall vote of 390-6.
On March 31, 2009, the Senate received H.R. 756 and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
No further action was taken on H.R. 756 in the 111th
Congress, although provisions of this legislation were included
in the House-passed legislation on Health Care Reform (see H.R.
3962).
PEDIATRIC RESEARCH CONSORTIA ESTABLISHMENT ACT
(H.R. 758)
To amend title IV of the Public Health Service Act to
provide for the establishment of pediatric research consortia
at the National Institutes of Health.
Summary
H.R. 758, the Pediatric Research Consortia Establishment
Act, would amend title IV of the Public Health Service Act to
provide for the establishment of pediatric research consortia.
The bill would require the Director of NIH, acting through the
Director of the National Institute of Child Health and Human
Development, to award grants, contracts, or cooperative
agreements for planning, establishing, and proving basic
operating support for up to 20 national pediatric research
consortia. H.R. 758 would require each consortium to: (1)
supplement, but not replace, the establishment of a
comprehensive pediatric research portfolio; (2) conduct basic,
clinical, behavioral, social, and translational research; and
(3) conduct training and demonstration of advanced diagnostic
and treatment methods relating to pediatrics.
Legislative History
On January 28, 2009, H.R. 758 was introduced in the House
by Rep. DeGette of Colorado and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on February 2, 2009.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 758.
On September 16, 2010, the Subcommittee on Health met in
open markup session and H.R. 758 was favorably forwarded to the
full Committee, amended, by a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session to consider H.R. 758 as approved by
the Subcommittee. Subsequently the Committee ordered H.R. 758
favorably reported to the House, as amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed a House report on H.R. 758 (H. Rept. 111-640).
H.R. 758 was passed by the House under suspension of the
rules, as amended, by a voice vote on September 28, 2010.
On November 15, 2010, H.R. 758 was received in the Senate
and referred to the Committee on Health, Education, Labor, and
Pensions.
No further action was taken on H.R. 758 in the 111th
Congress.
DENTAL EMERGENCY RESPONDER ACT OF 2010
(H.R. 903)
To amend various authorities, including the Public Health
Service Act, to enhance the roles of dentists and allied dental
personnel in the Nation's disaster response framework.
Summary
Currently federal law deters states receiving federal
emergency responder training grants from incorporating dental
professionals and schools into their all-hazards emergency
response plans. H.R. 903, the Dental Emergency Responder Act of
2010, would provide states the option to incorporate dentists
and dental facilities into such plans.
The legislation would amend the Public Health Service Act
to: (1) revise the National Health Security Strategy to include
increasing the preparedness, response capabilities, and surge
capacity of dental facilities and effective utilization of any
available mobile dental assets; and (2) require federal dental
entities to carry out activities under the public health and
medical response training program. H.R. 903 would amend the
Homeland Security Act of 2002 to include dental personnel
within the definition of ``emergency response providers'' and
would require the Chief Medical Officer of the Department of
Homeland Security (DHS) to serve as the primary DHS point of
contact for the dental community with respect to medical and
public health matters related to natural disasters, acts of
terrorism, and other man-made disasters. In addition, H.R. 903
would amend the Post-Katrina Emergency Management Reform Act of
2006 to require operational plans developed by federal agencies
with responsibilities under the National Response Plan to
address the preparedness and deployment of dental resources.
Legislative History
On February 4, 2009, H.R. 903 was introduced in the House
by Rep. Stupak of Michigan and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on February 9, 2009.
On July 22, 2010, the Subcommittee on Health met in open
markup session to consider H.R. 903, and favorably forwarded
the bill to the full Committee, amended, by a voice vote.
On July 28, 2010, the Committee on Energy and Commerce met
in open markup session to consider H.R. 903 as approved by the
Subcommittee. H.R. 903 was ordered favorably reported to the
House, as amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 903 (H. Rept. 111-647).
H.R. 903 was passed by the House under suspension of the
rules, as amended, by a voice vote on September 28, 2010.
On September 29, 2010, the Senate received H.R. 903 as
amended by the House and referred the bill to the Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 903 in the 111th
Congress, although provisions of the legislation were also
included in the House-passed health reform bill (see H.R.
3962).
PHYSICIAN WORKFORCE ENHANCEMENT ACT OF 2009
(H.R. 914)
To amend title VII of the Public Health Service Act to
establish a loan program for eligible hospitals to establish
residency training programs.
Summary
H.R. 914, the Physician Workforce Enhancement Act of 2009,
would amend the Public Health Service Act to require the
Secretary of HHS, acting through the Administrator of HRSA, to
establish a program that provides loans for residency training
programs to public or nonprofit hospitals that do not have
residency programs and meet other criteria, with preference
given to hospitals in rural and small areas. The Administrator
would be required to establish penalties for violation of the
program's requirements and to submit a report to Congress on
the efficacy of the program. The Administrator would be
prohibited from charging or collecting interest on loans. The
legislation would authorize the appropriation of a total of $25
million for fiscal years 2010 through 2020. The cumulative
dollar amount of a loan to an eligible hospital would not be
allowed to exceed $1 million, and loans could not be made after
December 31, 2019.
Legislative History
On February 9, 2009, H.R. 914 was introduced in the House
by Rep. Burgess of Texas and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on February 10, 2009. The Subcommittee was discharged
from consideration of H.R. 914 on March 4, 2009.
On March 4, 2009, the Committee on Energy and Commerce met
in open markup session to consider H.R. 914 and ordered the
bill favorably reported to the House without amendment by a
voice vote.
There was no further action taken on H.R. 914 in the 111th
Congress.
MAMMOGRAM AND MRI AVAILABILITY ACT OF 2009
(H.R. 995)
To amend the Public Health Service Act and Employee
Retirement Income Security Act of 1974 to require that group
and individual health insurance coverage and group health plans
provide coverage for annual screening mammography for women 40
years of age or older and for such screening and annual
magnetic resonance imaging for women at high risk for breast
cancer if the coverage or plans include coverage for diagnostic
mammography for women 40 years of age or older.
Summary
H.R. 995, the Mammogram and MRI Availability Act of 2009,
would amend the Public Health Service Act to require health
insurance plans offering group coverage that provide coverage
for diagnostic mammography for women aged 40 years and older to
meet certain requirements with respect to coverage of
mammography services. Health insurance plans providing coverage
for diagnostic mammography would also be required to provide
coverage of annual screening mammography for women over 40. In
addition, these plans would be required to cover diagnostic
mammography, annual screening mammography, and annual magnetic
resonance imaging for high-risk women under terms and
conditions no less favorable than those for coverage of
diagnostic mammography.
The bill would prohibit health insurance plans from: (1)
denying coverage for annual screening mammography or annual
magnetic resonance imaging on the basis that coverage is not
medically necessary or not pursuant to health care provider
referral, consent, or recommendation; (2) denying eligible
women continued eligibility, enrollment, or coverage renewal
solely to avoid requirements of the legislation; (3) providing
monetary payments or rebates to encourage women to accept less
than minimum protections under the legislation; (4) penalizing
or otherwise reducing or limiting reimbursement of an attending
provider if he or she provides care to a beneficiary in
accordance with the legislation; and (5) providing incentives
to providers to induce care of a beneficiary that is
inconsistent with the legislation.
Legislative History
On February 11, 2009, H.R. 995 was introduced in the House
by Rep. Nadler of New York and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Education and Labor. The bill was referred to the Subcommittee
on Health on February 12, 2009.
On October 8, 2009, the Subcommittee on Health held a
legislative hearing on H.R. 995.
No further action was taken on H.R. 995 in the 111th
Congress.
HEART DISEASE EDUCATION, ANALYSIS RESEARCH, AND TREATMENT FOR WOMEN ACT
(H.R. 1032)
To amend the Public Health Service Act to improve the
prevention, diagnosis, and treatment of heart disease, stroke,
and other cardiovascular diseases in women.
Summary
H.R. 1032, Heart Disease Education, Analysis Research, and
Treatment for Women Act, is designed to improve the prevention,
diagnosis, and treatment of heart disease, stroke, and other
cardiovascular diseases in women. The legislation would codify
FDA regulations that require the inclusion of women in clinical
trials submitted to FDA to support an application for a drug
device, or biologics approval. It would require that patient
safety data reported to and among the network of patient safety
databases be stratified by gender. In addition, H.R. 1032 would
require HHS to carry out an education campaign about heart
disease and women and reauthorizes the WISEWOMAN program at
CDC. The bill would authorize the WISEWOMAN program at: $70
million for fiscal year 2010; $73.5 million for fiscal year
2011; $77 million for fiscal year 2012; $81 million for fiscal
year 2013; and $85 million for fiscal year 2014.
Legislative History
On February 12, 2009, H.R. 1032 was introduced in the House
by Rep. Capps of California and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on February 13, 2009.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 1032.
On September 16, 2010, the Subcommittee on Health met in
open markup session to consider H.R. 1032. Subsequently, H.R.
1032 was favorably forwarded to the full Committee, amended, by
a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session on H.R. 1032 and ordered the bill
favorably reported to the House, as amended by the
Subcommittee, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 1032 (H. Rept. 111-639).
On September 30, 2010, H.R. 1032 passed the House under
suspension of the rules, as amended, by a voice vote.
On November 15, 2010, the Senate received H.R. 1032, as
amended by the House, and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 1032 in the 111th
Congress, although provisions of the legislation were included
in the House-passed health reform bill (see H.R. 3962).
ARTHRITIS PREVENTION, CONTROL, AND CURE ACT OF 2010
(H.R. 1210)
To amend the Public Health Service Act to provide for
arthritis research and other arthritis-related activities.
Summary
H.R. 1210, the Arthritis Prevention, Control, and Cure Act
of 2010, would provide resources to help address the health
needs of hundreds of thousands of Americans who suffer from
arthritis. The bill would require the Secretary of Health and
Human Services to develop and implement a National Arthritis
Action Program, at a level of $32 million in fiscal year 2010,
rising to $40 million in fiscal year 2014. The Program would
support control, prevention, surveillance, research, education,
and outreach activities, through grants and direct support to
public or private nonprofit entities and states. The bill would
further authorize the Secretary to expand and intensify
National Institutes of Health programs with respect to research
and related activities concerning various forms of juvenile
arthritis and related conditions.
In addition, the legislation would direct the Centers for
Disease Control (CDC) and Prevention to award grants or enter
into cooperative agreements for the collection, analysis, and
reporting of data on juvenile arthritis, and to support the
development of a national juvenile arthritis population-based
database. It would authorize $25 million for each of the fiscal
years 2010 through 2014 for these CDC surveillance activities.
The bill would also require the Secretary to provide grants
to support pediatric rheumatology training at a level of $3.75
million for each of fiscal years 2010 through 2014, and directs
the Secretary to establish and carry out a pediatric
rheumatology loan repayment program, as needed. To carry out
these activities, the Secretary would be able to reserve
funding from amounts already appropriated to the Health
Resources and Services Administration for the fiscal year
involved.
Legislative History
On February 26, 2009, H.R. 1210 was introduced in the House
by Rep. Eshoo of California and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on March 2, 2009. The Subcommittee was discharged
from consideration of the bill on September 23, 2010.
On September 15, 2010, the Subcommittee on Health held a
hearing on H.R. 1210.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session to consider H.R. 1210. Subsequently,
the Committee order H.R. 1210 favorably reported to the House,
amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 1210 (H. Rept. 111-638).
On September 30, 2010, the House passed H.R. 1210, as
amended, under suspension of the rules by a voice vote.
On November 15, 2010, the Senate received H.R. 1210 with
House amendments and referred the bill to the Senate Committee
on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 1210 in the 111th
Congress.
ACQUIRED BONE MARROW FAILURE DISEASE RESEARCH AND TREATMENT ACT OF 2010
(H.R. 1230)
To amend the Public Health Service Act to provide for
research on acquired bone marrow failure diseases, minority-
focused programs on such diseases, and the development of best
practices for diagnosis of and care for individuals with such
diseases.
Summary
H.R. 1230, the Acquired Bone Marrow Failure Disease
Research and Treatment Act of 2010, addresses the need to
improve research and treatment for individuals diagnosed with
bone marrow disease. The bill would require the Secretary of
Health and Human Services, acting through the Director of
Centers for Disease Control and Prevention, to develop a system
to collect data on acquired bone marrow failure diseases and to
establish the National Acquired Bone Marrow Failure Disease
Registry. The legislation would allow the Secretary to award
grants to, and enter into contracts and cooperative agreements
with, public or private nonprofit entities for the management
of the Registry. It would require the Secretary to conduct
pilot studies to determine which environmental factors may
cause acquired bone marrow failure diseases. The bill would
authorize $3 million for each of fiscal years 2010 through 2014
to carry out these activities.
In addition, H.R. 1230 would require the Secretary to
establish outreach and information programs targeted to
minority populations affected by acquired bone marrow failure
diseases and to award grants to, or enter into cooperative
agreements with, entities to perform research on such diseases.
It would authorize $2 million for each of fiscal years 2010
through 2014 to carry out these activities. The bill would also
require the Secretary, acting through the Director of the
Agency on Healthcare Research and Quality (AHRQ), to award
grants to entities to improve diagnostic practices and quality
of care with respect to patients with acquired bone marrow
failure diseases.
Legislative History
On February 26, 2009, H.R. 1230 was introduced in the House
by Rep. Matsui of California and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on March 2, 2009.
On September 15, 2010, the Subcommittee on Health held a
hearing on H.R. 1230.
On September 16, 2010, the Subcommittee on Health met in
open markup session to consider H.R. 1230, and favorably
forwarded the bill to the full Committee, amended, by a voice
vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session to consider H.R. 1210 as amended by
the Subcommittee. The Committee subsequently ordered H.R. 1230
favorably reported to the House, as amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 1210 (H. Rept. 111-637).
On September 30, 2010, the House passed H.R. 1230, as
amended, under suspension of the rules by a voice vote.
On November 15, 2010, the Senate received H.R. 1230 with
House amendments and referred the bill to the Senate Committee
on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 1230 in the 111th
Congress.
DEXTROMETHORPHAN DISTRIBUTION ACT OF 2009
(H.R. 1259)
To amend the Federal Food, Drug, and Cosmetic Act with
respect to the distribution of the drug Dextromethorphan, and
for other purposes.
Summary
Dextromethorphan (DXM) is an over-the-counter (OTC) cough
suppressant commonly found in more than 120 OTC cold
medications either alone or in combination with other drugs
such as analgesics, antihistamines, decongestants, or
expectorants. When taken as directed, side effects are rarely
observed. However, DXM is abused by individuals of all ages
causing significant health complications.
H.R. 1259, the Dextromethorphan Distribution Act of 2009,
would prohibit a person from: (1) possessing or receiving
unfinished DXM unless the person is registered with the
Secretary of HHS as a producer of a drug or device or otherwise
registered, licensed, or approved under federal or state law to
engage in specified pharmaceutical activities; or (2)
distributing unfinished DXM to any person registered with HHS
or otherwise registered, licensed, or approved under federal or
state law to engage in specified pharmaceutical activities.
H.R. 1259 closely resembles H.R. 970, the Dextromethorphan
Distribution Act of 2007, which passed the House, under
suspension of the rules, in the 110th Congress. It is identical
to S. 1378, also introduced in the 110th Congress. The main
difference is that H.R. 1259 includes exemptions for persons
who are registered, licensed, or approved under federal or
state law to engage in specified pharmaceutical activities.
Legislative History
On March 3, 2009, H.R. 1259 was introduced in the House by
Rep. Upton of Michigan and referred to the Committee on Energy
and Commerce. H.R. 1259 was referred to the Subcommittee on
Health on March 3, 2009. On March 3, 2009, the Subcommittee was
discharged by the full Committee from further consideration of
H.R. 1259.
On March 4, 2009, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1259 and the Committee
ordered the bill favorably reported to the House without
amendment by a voice vote.
On March 24, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 1259 (H. Rept. 111-49).
On March 31, 2009, the House passed H.R. 1259 without
amendment, under suspension of the rules, by a rollcall vote of
407-8.
On April 1, 2009, the Senate received H.R. 1259 and the
bill was referred to the Senate Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 1259 in the 111th
Congress.
MEDICAL DEVICE SAFETY ACT OF 2009
(H.R. 1346)
To amend the Federal Food, Drug, and Cosmetic Act with
respect to liability under state and local requirements
respecting medical devices.
Summary
The Medical Device Amendments of 1976 (MDA) require the
Food and Drug Administration to classify all medical devices
into three risk-based categories subject to corresponding
levels of regulation. ``Class I'' (low risk) devices, including
rubber gloves and bedpans, are subject to minimal requirements.
``Class II'' (moderate risk) devices, including tampons and
hearing aids, pose more serious risks to patients. FDA may
require more stringent control of these products, such as
specific warning labels. ``Class III'' (high risk) devices are
those that either present ``a potential unreasonable risk of
illness or injury'' or are ``purported or represented to be for
a use in supporting or sustaining human life or for a use which
is of substantial importance in preventing impairment of human
health.'' Except for devices that are substantially equivalent
to devices already on the market in 1976, the MDA requires that
all new Class III devices obtain premarket approval before they
may be marketed.
The MDA requires manufacturers of all high-risk (Class III)
devices to submit a premarket approval (PMA) application.
Manufacturers of Class I and Class II devices are not required
to obtain premarket approval before marketing their devices.
The Class III PMA process requires that a company submit to FDA
clinical data proving the safety and effectiveness of the
product. Based on this information, FDA either grants or denies
approval of the device. PMA devices are the most complex
devices and are generally intended to treat serious and life-
threatening conditions. Examples of PMA-approved devices
include implantable defibrillators, heart valves and pumps, and
hip and knee implants.
When patients are injured by devices, they may face
permanent disability, inability to work, costly medical
procedures, or death. There is no remedy under federal law by
which patients may seek compensation for injuries from unsafe
devices. In cases in which device manufacturers fail to warn of
the risks or design defective products, patients traditionally
have sought compensation for their injuries under state
``tort'' law. The ability to sue under state tort law has
existed since before the Federal Food Drug and Cosmetic Act was
enacted in 1938.
On February 20, 2008, the U.S. Supreme Court held for the
first time, in Riegel v. Medtronic, that state lawsuits brought
by individuals who suffered damages resulting from certain
medical devices are preempted (barred) by the express
preemption clause included in the MDA. The Riegel decision
shields medical device companies from liability for failing to
provide up-to-date warnings about PMA device risks or for
defectively designing PMA devices. Since the MDA, courts had
held companies responsible for their faulty devices and
permitted patients to seek compensation for their injuries.
Because of the new interpretation of the law by the Supreme
Court, however, patients who are injured or killed as a result
of faulty PMA devices can no longer seek compensation for their
injuries. More than 1,400 lawsuits brought by patients injured
by devices have been dismissed as a result of the Riegel
decision.
H.R. 1346, the Medical Device Safety Act of 2009, would
overturn the 2008 Supreme Court decision that eliminated the
right of Americans injured by certain medical devices to bring
state product liability lawsuits. The legislation would clarify
the intent of Congress in the MDA by explicitly stating that
actions for damages under state law are preserved.
Specifically, the bill would amend the express preemption
provision contained in section 521 of the Federal Food Drug and
Cosmetic Act to add the following language: ``(c) No Effect on
Liability Under State Law.--Nothing in this section shall be
construed to modify or otherwise affect any action for damages
or the liability of any person under the law of any State.''
Legislative History
On March 5, 2009, H.R. 1346 was introduced in the House by
Rep. Pallone of New Jersey and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on March 6, 2009.
On May 12, 2009, the Subcommittee on Health held a hearing
on H.R. 1346.
No further action was taken on H.R. 1346 in the 111th
Congress.
CONCUSSION TREATMENT AND CARE TOOLS ACT OF 2009
(H.R. 1347)
To amend title III of the Public Health Service Act to
provide for the establishment and implementation of concussion
management guidelines with respect to school-aged children.
Summary
H.R. 1347, the Concussion Treatment and Care Tools Act of
2009, would direct the Secretary of HHS to establish concussion
management guidelines that focus on the prevention and
management of concussions in school-aged children, including
standards for student athletes to return to play after a
concussion. The legislation would authorize the Secretary of
HHS to convene a conference of medical, athletic, and
educational stakeholders to establish such guidelines. In
addition, the bill would authorize the Secretary to make grants
to states for adopting, disseminating, and ensuring the
implementation by schools of the guidelines and for funding
implementation by schools of preseason baseline and post-injury
neuropsychological testing for student athletes. To carry out
theses grants, the bill would authorize $5 million for fiscal
year 2010 and such sums as may be necessary for each of fiscal
years 2011 through 2014.
Legislative History
On March 5, 2009, H.R. 1347 was introduced in the House by
Rep. Pascrell of New Jersey and referred to the Committee on
Energy and Commerce.
On September 8, 2010, and September 15, 2010, the
Subcommittee on Health held legislative hearings to consider
H.R. 1347.
On September 16, 2010, the Subcommittee met in open markup
session and H.R. 1347 was forwarded favorably to the full
Committee, as amended, by voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session, and H.R. 1347 was ordered favorably
reported to the House, as amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed a House report on H.R. 1347 (H. Rept. 111-632).
On September 30, 2010, H.R. 1347, as amended, passed the
House, under suspension of the rules by a voice vote.
On November 15, 2010, the Senate received H.R. 1347 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 1347 in the 111th
Congress.
NATIONAL NEUROLOGICAL DISEASES SURVEILLANCE SYSTEM ACT OF 2010
(H.R. 1362)
To amend the Public Health Service Act to provide for the
establishment of permanent national surveillance systems for
multiple sclerosis, Parkinson's disease, and other neurological
diseases and disorders.
Summary
H.R. 1362, the National Neurological Diseases Surveillance
System Act of 2010, would require the Secretary of HHS to
develop surveillance systems, in the form of registries, for
both Multiple Sclerosis and Parkinson's disease. It would also
require the Secretary to establish an advisory committee on
Neurological Disease Registries to review and make
recommendations on the surveillance activities authorized in
the legislation, including the development and maintenance of
the systems. To carry out these activities, the bill would
authorize $5 million for each of fiscal years 2010 through
2014.
Legislative History
On March 5, 2009, H.R. 1362 was introduced in the House by
Rep. Van Hollen of Maryland and referred to the Committee on
Energy and Commerce.
On March 15, 2010, the Subcommittee on Health held a
legislative hearing to consider H.R. 1362.
On March 16, 2010, the Subcommittee on Health met in open
markup session and H.R. 1362 was forwarded favorably to the
full Committee, as amended, by a voice vote.
On March 23, 2010, the Committee on Energy and Commerce met
in open markup session and H.R. 1362 was ordered favorably
reported, as amended, to the House by a voice vote.
On March 28, 2010, the Committee on Energy and Commerce
reported H.R. 1362 to the House, as amended (H. Rept. 111-636).
That same day, H.R. 1362 passed the House, under suspension
of the rules, as amended, by a voice vote.
On March 29, 2010, H.R. 1362 was received in the Senate and
referred to the Committee on Health, Education, Labor, and
Pensions.
No further action was taken on H.R. 1362 in the 111th
Congress.
JOSH MILLER HELPING EVERYONE ACCESS RESPONSIVE TREATMENT IN SCHOOLS ACT
OF 2009
(H.R. 1380)
To establish a grant program for automated external
defibrillators in elementary and secondary schools.
Summary
H.R. 1380, the Josh Miller Helping Everyone Access
Responsive Treatment in Schools Act of 2009, would amend the
Elementary and Secondary Education Act of 1965 to direct the
Secretary of Education to award matching grants to local
educational agencies (LEAs) to: (1) purchase automated external
defibrillators (AEDs) for use in their schools; and/or (2)
provide training to meet the grant requirement that at least
five adult employees or volunteers at each school where an AED
is to be used successfully complete training in its use and in
cardiopulmonary resuscitation (CPR). The bill would require
LEAs to provide matching funds equal to at least 25% of the
grant, but waives such requirement for LEAs that serve a
student population at least 20% of which is impoverished.
The bill would authorize sums as may be necessary for each
of fiscal years 2010 through 2015 to carry out these
activities.
Legislative History
On March 6, 2009, H.R. 1380 was introduced in the House by
Rep. Sutton of Ohio and referred to the Committee on Education
and Labor, and in addition to the Committee on Energy and
Commerce.
On June 2, 2009, H.R. 1380 passed the House, under
suspension of the rules, by a voice vote.
On June 3, 2009, H.R. 1380 was received in the Senate and
referred to the Committee on Health, Education, Labor, and
Pensions.
No further action was taken on H.R. 1380 in the 111th
Congress.
TORTURE VICTIMS RELIEF REAUTHORIZATION ACT OF 2009
(H.R. 1511)
To amend the Torture Victims Relief Act of 1998 to provide
assistance for domestic and foreign programs and centers for
the treatment of victims of torture.
Summary
H.R. 1511, the Torture Victims Relief Reauthorization Act
of 2009, would amend the Torture Victims Relief Act of 1998 to
authorize $25 million for each of fiscal years 2010 and 2011
for: (1) HHS for grants to domestic treatment centers for
services for victims of torture; (2) foreign treatment centers
for victims of torture; and (3) the United Nations Voluntary
Fund for Victims of Torture.
Legislative History
On March 16, 2009, H.R. 1511 was introduced in the House by
Rep. Smith of New Jersey and referred to the Committee on
Foreign Affairs, and in addition to the Committee on Energy and
Commerce.
On July 22, 2009, H.R. 1511 passed the House, under
suspension of the rules, by a voice vote.
On July 23, 2009, H.R. 1511 was received in the Senate and
referred to the Committee on Foreign Relations.
No further action was taken on H.R. 1511 in the 111th
Congress.
BREAST CANCER PATIENT PROTECTION ACT OF 2009
(H.R. 1691)
To require private health insurance plans to provide
coverage for a minimum hospital stay for mastectomies,
lumpectomies, and lymph node dissection for the treatment of
breast cancer and coverage for secondary consultations.
Summary
H.R. 1691, the Breast Cancer Patient Protection Act of
2009, would amend the Employee Retirement Income Security Act
of 1974 (ERISA), the Public Health Service Act, and the
Internal Revenue Code to require a group health plan that
provides medical and surgical benefits to ensure that inpatient
and, in the case of a lumpectomy, outpatient coverage and
radiation therapy are provided for breast cancer treatment. The
bill would prohibit such a plan from restricting benefits for
any hospital length of stay to less than 48 hours in connection
with a mastectomy or breast conserving surgery, or 24 hours in
connection with a lymph node dissection, insofar as the
attending physician, in consultation with the patient,
determines such stay to be medically necessary. H.R. 1691 would
forbid such a plan from requiring that a provider obtain
authorization from the plan or issuer for prescribing any such
length of stay.
The legislation would require such a plan or issuer to
provide notice to each participant and beneficiary regarding
the coverage required under the legislation, and to ensure that
coverage for secondary consultations. The bill would prohibit a
group health plan from taking specified actions to avoid its
requirements.
H.R 1691 would apply the requirements to health insurance
issuers offering coverage in the individual market. The bill
would not allow a health insurance issuer that provides
individual health insurance coverage to non-renew or
discontinue an individual's coverage based on the intentional
concealment of material facts regarding a health condition
related to the condition for which coverage is being claimed.
Legislative History
On March 24, 2009, H.R. 1691 was introduced in the House by
Rep. DeLauro of Connecticut and referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways
and Means and the Committee on Education and Labor.
On October 8, 2009, the Subcommittee on Health held a
legislative hearing on H.R. 1691.
No further action was taken on H.R. 1691 in the 111th
Congress.
BREAST CANCER EDUCATION AND AWARENESS REQUIRES LEARNING YOUNG ACT OF
2009
(H.R. 1740, S. 994)
To amend the Public Health Service Act to increase
awareness of the risks of breast cancer in young women and
provide support for young women diagnosed with breast cancer.
Summary
H.R. 1740, the Breast Cancer Education and Awareness
Requires Learning Young Act of 2009, would amend the Public
Health Service Act to direct the Secretary of HHS, acting
through the Director of CDC, to conduct a national evidence-
based education campaign to increase public awareness regarding
the threats posed by breast cancer to young women, including
the particular risks faced by certain ethnic and cultural
groups. The legislation would also direct the Secretary to
award grants to entities to establish national multimedia
campaigns on such risks and strategies for addressing them.
In addition, the legislation would direct the Secretary,
acting through the Director of CDC and in consultation with the
Administrator of the Health Resources and Services
Administration to conduct an educational campaign to increase
awareness among physicians and other health care professionals.
The Director would be instructed to conduct prevention research
on breast cancer in younger women.
The bill would direct the Secretary to award grants to
organizations and institutions to provide young women diagnosed
with breast cancer substantive assistance and health
information from credible sources on education and counseling
regarding fertility preservation, social emotional,
psychosocial, financial, lifestyle, and caregiver support,
familial risk factors, and risk reduction strategies to reduce
recurrence or metastasis.
Legislative History
On March 26, 2009, H.R. 1740 was introduced in the House by
Rep. Wasserman Schultz of Florida and referred to the Committee
on Energy and Commerce.
On October 8, 2009, the Subcommittee on Health held a
legislative hearing on H.R. 1740 to discuss breast cancer
prevention, research, treatment, and quality of care.
No further action was taken on H.R. 1740 in the 111th
Congress, although provisions of S. 994, the Breast Cancer
Education and Awareness Requires Learning Young Act of 2009
(companion legislation to H.R. 1740) introduced by Sen.
Klobuchar of Minnesota, were included in the Patient Protection
and Affordable Care Act (Public Law 111-148) and the Health
Care and Education Reconciliation Act of 2010 (Public Law 111-
152).
FAMILY HEALTH CARE ACCESSIBILITY ACT OF 2010
(H.R. 1745)
To amend the Public Health Service Act to provide liability
protections for volunteer practitioners at health centers under
section 330 of such Act.
Summary
Currently all medical professionals employed by health
centers are covered under the Federal Tort Claims Act (FTCA)
for medical malpractice. In order to receive this coverage,
each health center must undergo extensive risk management
training and have in place continuous oversight mechanisms to
reduce the risk of malpractice. Individuals seeking to
volunteer at a health center must either have their own
independent coverage or rely on the Volunteer Protection Act
(VPA), which can complicate a health center's risk management
practices. VPA coverage does not have the same malpractice
coverage as FTCA.
H.R. 1745, the Family Health Care Accessibility Act of
2010, would amend the Public Health Service Act to deem
volunteer practitioners at health centers as employees of the
Public Health Service for purposes of any civil action that may
arise due to providing services to patients at such health
centers. The bill would define ``volunteer practitioner'' as a
licensed physician or licensed clinical psychologist who: (1)
provides services to patients of a public or nonprofit entity
receiving federal funds for serving medically underserved
areas, at the request of the entity; (2) provides such service
at a site at which the entity operates or at a site designated
by the entity; and (3) does not receive any compensation for
the provision of services.
Legislative History
On March 26, 2009, H.R. 1745 was introduced in the House by
Rep. Tim Murphy of Pennsylvania and was referred to the
Committee on Energy and Commerce.
On July 22, 2010, the Subcommittee on Health met in open
markup session and H.R. 1745 was forwarded favorably to the
full Committee, as amended, by a voice vote.
On June 28, 2010, the Committee on Energy and Commerce met
in open markup session, and H.R. 1745 was ordered favorably
reported, as amended, to the House by a voice vote.
On September 16, 2010, the Committee on Energy and Commerce
reported H.R. 1745 to the House, as amended (H. Rept. 111-607).
On September 22, 2010, H.R. 1745 passed the House, under
suspension of the rules, as amended, by a rollcall vote of 417-
1.
On September 24, 2010, H.R. 1745 was received in the Senate
and referred to the Committee on Health, Education, Labor, and
Pensions.
No further action was taken on H.R. 1745 in the 111th
Congress, although provisions of the legislation were included
in the House-passed health reform bill (H.R. 3962).
DIABETES IN MINORITY POPULATIONS EDUCATION ACT OF 2010
(H.R. 1995)
To amend the Public Health Service Act to prevent and treat
diabetes, to promote and improve the care of individuals with
diabetes, and to reduce health disparities, relating to
diabetes, within racial and ethnic minority groups, including
the African-American, Hispanic American, Asian American, Native
Hawaiian and Other Pacific Islander, and American Indian and
Alaskan Native communities.
Summary
H.R. 1995, the Diabetes in Minority Populations Education
Act of 2010, would require the Director of the National
Institutes of Health (NIH) to expand and intensify ongoing
research and other activities with respect to pre-diabetes and
diabetes in minority populations and to support programs to
treat diabetes in these populations.
It would also require the Director of NIH, acting through
the National Center for Minority Health and Health Disparities
and the National Diabetes Education Program, to carry out
health care professional mentorship and participation in
diabetes-focused research programs and activities and to make
grants for a pipeline program running from high school to
professional school designed to increase minority
representation in diabetes-focused health fields. In addition,
the legislation would direct the Diabetes Mellitus Interagency
Coordinating Committee to assess federal activities and
programs related to diabetes in minority populations.
H.R. 1995 would require the Secretary of HHS, acting
through the Director of CDC to conduct and support research and
other activities with respect to diabetes in minority
populations, conduct and support public education efforts, and
carry out culturally-appropriate diabetes health promotion
programs. In addition, the bill would require the Secretary,
acting through the Administrator of HRSA to conduct and support
programs to educate health professionals on diabetes in
minority populations.
The bill would set forth additional requirements for the
Secretary relating to (1) factors that may influence health
promotion, diabetes management and prevention; (2) data
collection on diabetes treatment, care, prevention, and
services to the American Indian population; and (3) increased
participation of minority populations in clinical trials, and
specialized care for children with diabetes.
H.R. 1995 would authorize such sums as may be necessary for
fiscal year 2010 and each subsequent fiscal year to carry out
these activities.
Legislative History
On April 21, 2009, H.R. 1995 was introduced in the House by
Rep. DeGette of Colorado and referred to the Committee on
Energy and Commerce.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 1995.
On September 16, 2010, the Subcommittee on Health met in
open markup session and H.R. 1995 was forwarded favorably,
amended, to the full Committee by a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session on H.R. 1995 and ordered the bill
favorably reported to the House, as amended, by a voice vote.
On September 28, 2010, H.R. 1995 passed the House, as
amended, under suspension of the rules, by a voice vote.
On September 29, 2010, the Senate received H.R. 1995 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 1995 in the 111th
Congress.
SCLERODERMA RESEARCH AND AWARENESS ACT OF 2010
(H.R. 2408)
To expand the research and awareness activities of the
National Institute of Arthritis and Musculoskeletal and Skin
Diseases and the Centers for Disease Control and Prevention
with respect to scleroderma.
Summary
H.R. 2408, the Scleroderma Research and Awareness Act of
2010, would direct the Director of the National Institute of
Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) to
expand, intensify, and coordinate activities relating to
scleroderma, a chronic systemic autoimmune disease that
involves changes in the skin, blood vessels, muscles, and
internal organs. It would require the Director of NIAMSD to
research the causes and treatment of scleroderma and to
establish a scleroderma patient registry at authorization
levels of $25 million for fiscal year 2010, $30 million for
fiscal year 2011 and $35 million for fiscal year 2012.
The legislation also would require the Director of CDC to
carry out an education campaign to increase awareness of
scleroderma. The bill would authorize $2.5 million for fiscal
years 2010 through 2012 for the education campaign and its
corresponding activities.
Legislative History
On May 14, 2009, H.R. 2408 was introduced in the House by
Rep. Capps of California and referred to the Committee on
Energy and Commerce. H.R. 2408 was referred to the Subcommittee
on Health on May 15, 2009.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 2408.
On September 16, 2010, the Subcommittee on Health met in
open markup session on H.R. 2408 and favorably forwarded the
bill to the full Committee, amended, by a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session on H.R. 2408 and ordered the bill
favorably reported to the House, as amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 2408 (H. Rept. 111-631).
On September 30, 2010, H.R. 2408, passed the House, as
amended, under suspension of the rules, by a voice vote.
On November 15, 2010, the Senate received H.R. 2408 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2408 in the 111th
Congress.
METHAMPHETAMINE EDUCATION, TREATMENT, AND HOPE ACT OF 2010
(H.R. 2818)
To amend the Public Health Service Act to provide for the
establishment of a drug-free workplace information
clearinghouse, to support residential methamphetamine treatment
programs for pregnant and parenting women, and to improve the
prevention and treatment of methamphetamine addiction.
Summary
H.R. 2818, the Methamphetamine Education, Treatment, and
Hope Act of 2010, expands and strengthens the activities of the
Substance Abuse and Mental Health Services Administration
(SAMHSA) to address the prevention and treatment of addiction
to methamphetamine and other drugs. It would refine an existing
family-centered residential drug treatment program for pregnant
and postpartum women and authorizes $20 million for fiscal year
2010, $21 million for fiscal year 2011, $22 million for fiscal
year 2012, $23 million for fiscal year 2013, and $24 million
for fiscal year 2014. The bill would also require support for a
workplace-based drug information clearinghouse, and student
involvement in prevention programs for methamphetamine and
other drugs.
Legislative History
On June 11, 2009, H.R. 2818 was introduced in the House by
Rep. McNerney of California and referred to the Committee on
Energy and Commerce. H.R. 2818 was referred to the Subcommittee
on Health on June 12, 2009.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 2818.
On September 16, 2010, the Subcommittee on Health met in an
open markup session on H.R. 2818 and favorably forwarded the
bill to the full Committee, amended, by a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session on H.R. 2818 and ordered the bill
favorably reported to the House, as amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 2818 (H. Rept. 111-641).
On September 30, 2010, H.R. 2818 passed the House, as
amended, under suspension of the rules, by a voice vote.
On November 15, 2010, the Senate received H.R. 2818 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2818 in the 111th
Congress.
VETERINARY PUBLIC HEALTH AMENDMENTS ACT OF 2010
(H.R. 2999)
To amend the Public Health Service Act to enhance and
increase the number of veterinarians trained in veterinary
public health.
Summary
H.R. 2999, the Veterinary Public Health Amendments Act of
2010, would authorize a competitive grant program for schools
of veterinary medicine. Schools can use these grants for
faculty recruitment, physical capacity expansion, or the
development of curricula to retrain midcareer professionals.
H.R. 2999 would authorize $100 million for fiscal year 2010,
$100 million for fiscal year 2011 and $50 million for each of
fiscal years 2012 through 2014 for these activities.
The legislation would also establish a loan repayment
program whereby the federal government repays loans for
veterinarians that make a four-year teaching commitment at a
school of veterinary medicine. It would authorize $20 million
for each of fiscal years 2010 through 2014 for this program. In
addition, the bill would create two fellowship programs for
public health veterinarians to be administered by HHS, but that
would be available to all federal agencies that utilize public
health veterinarians. H.R. 2999 would authorize $2.5 million
for each of fiscal years 2010 through 2014 to support these
fellowships. The bill would also establish a Division of
Veterinary Medicine and Public Health at HRSA.
Legislative History
On June 23, 2009, H.R. 2999 was introduced in the House by
Rep. Baldwin of Wisconsin and referred to the Committee on
Energy and Commerce. H.R. 2999 was referred to the Subcommittee
on Health on June 24, 2009.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 2999.
On September 16, 2010, the Subcommittee on Health met in an
open markup session on H.R. 2999 and favorably forwarded the
bill to the full Committee, amended, by a voice vote.
On September 23, 2010, the Energy and Commerce met in an
open markup session, and H.R. 2999 was ordered favorably
reported, as amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 2999 (H. Rept. 111-634).
On September 30, 2010, the House passed H.R. 2999, as
amended, under suspension of the rules, by a voice vote.
On November 11, 2010, the Senate received H.R. 2999 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2999 in the 111th
Congress.
EMERGENCY MEDIC TRANSITION ACT OF 2010
(H.R. 3199)
To amend the Public Health Service Act to provide grants to
state emergency medical service departments to provide for the
expedited training and licensing of veterans with prior medical
training.
Summary
H.R. 3199, Emergency Medic Transition Act of 2010, would
amend the Public Health Service Act to require the Secretary of
Health and Human Services to establish a program of awarding
grants to states to assist veterans who received and completed
military emergency medical training while serving in the U.S.
Armed Forces to become, upon their discharge or release from
active duty service, state-licensed or certified emergency
medical technicians. The bill would allow such funds to be used
to: (1) provide such veterans required course work and training
(that takes into account, and is not duplicative of, medical
course work and training already received) to satisfy emergency
medical services personnel certification requirements in the
civilian sector; (2) provide reimbursement for costs associated
with such course work and training and with applying for
licensure or certification; (3) expedite the licensing or
certification process; and (4) enter into an agreement with an
educational institution to provide course work and training
under this Act. H.R. 3199 would require a state, to be eligible
for a grant under this Act, to demonstrate that it has a
shortage of emergency medical technicians.
The legislation would direct the Comptroller General to
study the barriers experienced by such veterans seeking to
become licensed or certified in a state as civilian health
professionals, and to report to Congress on the results of such
study, including recommendations on whether the program under
the legislation should be expanded to assist veterans seeking
to become licensed or certified in a state as health providers
other than emergency medical technicians.
Legislative History
On July 14, 2009, H.R. 3199 was introduced in the House by
Rep. Harmon of California and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on July 15, 2009.
On July 22, 2010, the Subcommittee on Health met in an open
markup session on H.R. 3199 and favorably forwarded the bill to
the full Committee, amended, by a voice vote.
On July 28, 2010, the Committee on Energy and Commerce met
in open markup session on H.R. 3199 and ordered the bill
favorably reported to the House, as amended, by a voice vote.
On September 16, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 3199 (H. Rept. 111-608).
On September 23, 2010, the House passed H.R. 3199, as
amended, under suspension of the rules, by a rollcall vote of
412-5.
On September 24, 2010, the Senate received H.R. 3199 with
the House amendment and the bill was referred to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 3199 in the 111th
Congress, although provisions of the legislation were included
in the House-passed health reform bill (H.R. 3962).
NATIONALLY ENHANCING THE WELLBEING OF BABIES THROUGH OUTREACH AND
RESEARCH NOW ACT
(H.R. 3470)
To authorize funding for the creation and implementation of
infant mortality pilot programs in standard metropolitan
statistical areas with high rates of infant mortality.
Summary
H.R. 3470, the Nationally Enhancing the Wellbeing of Babies
Through Outreach and Research Now Act, would require the
Secretary of HHS, acting through the Administrator of HRSA, to
award five-year grants to eligible entities to create,
implement, and oversee infant mortality pilot programs. The
bill would define ``eligible entity'' to mean a state, county,
city, territorial or tribal health department that has
submitted a proposal to the Secretary that the Secretary deems
likely to reduce infant mortality rates within the standard
metropolitan statistical area involved.
The legislation would require the Secretary to give
preference to eligible entities proposing to serve any of the
15 counties or groups of counties with the highest rates of
infant mortality in the United States in the past three years.
It would set forth uses of grant funds, which may include: (1)
developing a plan that identifies the individual needs of each
community to be served and strategies to address those needs;
(2) providing outreach to at-risk mothers; (3) developing and
implementing standardized systems for improved access,
utilization, and quality of social, educational, and clinical
services to promote healthy pregnancies, full-term births, and
healthy infants; (4) establishing a rural outreach program to
provide care to at-risk mothers in rural areas; and (5)
establishing a regional public education campaign.
Legislative History
On July 31, 2009, H.R. 3470 was introduced in the House by
Rep. Cohen of Tennessee and referred to the Committee on Energy
and Commerce. The bill was referred to the Subcommittee on
Health on September 8, 2009.
On July 22, 2010, the Subcommittee on Health met in open
markup session on H.R. 3470 and favorably forwarded the bill to
the full Committee, amended, by a voice vote.
On July 28, 2010, the Committee on Energy and Commerce met
in open markup session on H.R. 3470 and ordered the bill
favorably reported to the House, amended, by a voice vote.
On September 16, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 3470 (H. Rept. 111-609).
On September 22, 2010, the House passed H.R. 3470, as
amended, under suspension of the rules, by a rollcall vote of
324-64.
On September 23, 2010, the Senate received H.R. 3470 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 3470 in the 111th
Congress, although provisions of the legislation were included
in the House-passed health reform bill (H.R. 3962).
EUNICE KENNEDY SHRIVER ACT
(H.R. 5220)
To reauthorize the Special Olympics Sport and Empowerment
Act of 2004 and to provide assistance to Best Buddies to
support the expansion and development of mentoring programs.
Summary
H.R. 5220, the Eunice Kennedy Shriver Act, would
reauthorize the Special Olympics Sport and Empowerment Act of
2004, the expansion of Best Buddies, and the establishment of
the Eunice Kennedy Shriver Institutes for Sport and Social
Impact. It would direct the Secretary of HHS to award grants to
Special Olympics for health-related activities, including
community-based prevention; and the Secretary of the Department
of Education to award grants to Special Olympics for education-
related activities outside of the United States. The bill would
authorize appropriations of $22.5 million for fiscal years 2011
through 2015, to carry out activities to support and expand
Special Olympics.
H.R. 5220 would also authorize the Secretary of Education
to award grants to promote the expansion of Best Buddies, and
appropriations of $10 million for fiscal years 2011 through
2015 to carry out activities to expand and support Best
Buddies.
In addition, the legislation would direct the Secretary of
Education to award grants to institutions of higher education
to establish Eunice Kennedy Shriver Institutes for Sport and
Social Impact. The bill would authorize such sums as may be
necessary for fiscal years 2011 through 2015 for this purpose.
Legislative History
On May 5, 2010, H.R. 5220 was introduced in the House by
Rep. Hoyer of Maryland and referred to the Committee on
Education and Labor, and in addition to the Committee on Energy
and Commerce, and the Committee on Foreign Affairs.
On May 19, 2010, H.R. 5220, as amended, passed the House,
under suspension of the rules by a voice vote.
On May 20, 2010, the Senate received H.R. 5220 with the
House amendment and referred the bill to the Senate Committee
on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 5220 in the 111th
Congress.
GESTATIONAL DIABETES ACT OF 2009
(H.R. 5354)
To provide grants to better understand and reduce
gestational diabetes.
Summary
H.R. 5354, the Gestational Diabetes Act of 2009, targets
resources specifically at gestational diabetes, a form of
diabetes that traditionally receives far less attention and
fewer resources than other types of that disease. The bill
would amend the Public Health Service Act to require the
Secretary of Health and Human Services, acting through the
Director of Centers for Disease Control and Prevention, to
convene a Research Advisory Committee on gestational diabetes.
The bill would require the Director, in consultation with such
Committee, to develop a multisite, gestational diabetes
research project within CDC's diabetes program to expand and
enhance surveillance data and public health research on
gestational diabetes.
The legislation would also require the Secretary, acting
through the Director, to award grants to nonprofit
organizations or state or local health agencies for
demonstration projects that build capacity with key
stakeholders, build new surveillance systems, and implement and
evaluate evidence-based interventions to reduce the incidence
of gestational diabetes and its recurrence and to prevent type
2 diabetes after pregnancy.
In addition, H.R. 5354 would require the Director of CDC to
conduct and support public health research regarding
gestational diabetes, including the development and testing of
novel approaches for improving postpartum diabetes testing or
screening and for preventing type 2 diabetes in women with a
history of gestational diabetes; and research to further
understand the epidemiologic, socioenvironmental, behavioral,
translation, and biomedical factors and health systems that
influence the risk of gestational diabetes and progression to
type 2 diabetes.
The Director of CDC would be required to encourage
postpartum screenings after the diagnosis of gestational
diabetes within the state-based diabetes prevention and control
programs to reduce the incidence of gestational diabetes and
its recurrence, progression to type 2 diabetes, and its related
complications. The bill would authorize $5 million for each of
fiscal years 2010 through 2014 for these activities.
Legislative History
On May 20, 2010, H.R. 5354 was introduced in the House by
Rep. Engel of New York and referred to the Committee on Energy
and Commerce. H.R. 5354 was referred to the Subcommittee on
Health on May 21, 2010.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 5354.
On September 16, 2010, the Subcommittee on Health met in an
open markup session on H.R. 5354 and favorably forwarded the
bill to the full Committee, amended, by a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session on H.R. 5462 and ordered the bill
favorably reported to the House, as amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 5462 (H. Rept. 111-633).
On September 30, 2010, the House passed H.R. 5354, under
suspension of the rules, as amended, by a voice vote.
On November 15, 2010, the Senate received H.R. 5354 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 5354 in the 111th
Congress.
BIRTH DEFECTS PREVENTION, RISK REDUCTION, AND AWARENESS ACT OF 2010
(H.R. 5462)
To amend title III of the Public Health Service Act to
authorize the Secretary of Health and Human Services to
establish and implement birth defects prevention, risk
reduction, and public awareness programs.
Summary
H.R. 5462, the Birth Defects Prevention, Risk Reduction,
and Awareness Act of 2010, would require the Secretary of the
Department of Health and Human Services (HHS), acting through
the Director of the Centers for Disease Control and Prevention
(CDC), to establish and implement a birth defects prevention
and public awareness program, which includes (1) a nationwide
media campaign to increase awareness among health care
providers and at-risk populations about pregnancy and
breastfeeding information services; (2) grants for the
provision of, or campaigns to increase awareness about,
pregnancy and breastfeeding information services; and (3)
grants for the conduct or support of surveillance of or
research on maternal exposures and maternal health conditions
that may influence the risk of adverse pregnancy outcomes and
maternal exposures that may influence health risks to a
breastfed infant, or of networking to facilitate such
surveillance or research.
H.R. 5462 would authorize $5 million for fiscal year 2011;
$6 million for fiscal year 2012; $7 million for fiscal year
2013; $8 million for fiscal year 2014; and $9 million for
fiscal year 2015 to carry out these activities.
Legislative History
On May 28, 2010, H.R. 5462 was introduced in the House by
Rep. DeLauro of Connecticut and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on June 8, 2010.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 5462.
On September 16, 2010, the Subcommittee on Health met in an
open markup session on H.R. 5462 and favorably forwarded the
bill to the full Committee, amended, by a voice vote.
On September 23, the Committee on Energy and Commerce met
in open markup session on H.R. 5462 and was ordered favorably
reported, as amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 5462 (H. Rept. 111-642).
On September 30, 2010, the House passed H.R. 5462, as
amended, under suspension of the rules, by a voice vote.
On November 15, 2010, the Senate received H.R. 5462 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 5462 in the 111th
Congress.
NATIONAL ALL SCHEDULES PRESCRIPTION ELECTRONIC REPORTING
REAUTHORIZATION ACT OF 2010
(H.R. 5710)
To amend and reauthorize the controlled substance
monitoring program under section 399O of the Public Health
Service Act.
Summary
The National All Schedules Prescription Electronic
Reporting Act (NASPER), enacted in 2005, created a grant
program within HHS and administered by SAMHSA for states to
establish prescription drug monitoring programs (PDMPs). PDMPs
track drug prescriptions with the goal of preventing overuse
and illegal diversion.
H.R. 5710, the National All Schedules Prescription
Electronic Reporting Reauthorization Act of 2010, would
reauthorize NASPER and provide funds to states to establish,
improve, and maintain PDMPs. It would ensure that appropriate
law enforcement, regulatory, and state professional licensing
authorities have access to prescription history information for
the purposes of investigating drug diversion and errant
prescriber/pharmacist prescribing and dispensing practices.
Under current law, states adjacent to other states with NASPER
grants must submit a plan for interoperability among the
states' systems. H.R. 5710 would specify that state
interoperability plans must include timelines for
implementation, and would direct HHS to monitor such efforts.
The legislation would authorize $15 million for fiscal year
2011 and $10 million for fiscal years 2012 and 2013.
Legislative History
On July 1, 2010, H.R. 5710 was introduced in the House by
Rep. Whitfield of Kentucky and referred to the Committee on
Energy and Commerce. H.R. 5710 was referred to the Subcommittee
on Health on July 13, 2010.
On July 22, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 5710. That same day, the
Subcommittee on Health met in open markup session on H.R. 5710
and favorably forwarded the bill to the full Committee,
amended, by a voice vote.
On July 28, 2010, the Committee on Energy and Commerce met
in open markup session on H.R. 5710 and ordered the bill
favorably reported to the House, as amended, by a voice vote.
On September 22, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 5710 (H. Rept. 111-616).
On September 23, 2010, the House passed H.R. 5710, as
amended, under suspension of the rules, by a rollcall vote of
384-32.
On September 24, 2010, the Senate received H.R. 5710 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 5710 in the 111th
Congress.
TRAINING AND RESEARCH FOR AUTISM IMPROVEMENTS NATIONWIDE ACT OF 2010
(``TRAIN ACT OF 2010'')
(H.R. 5756)
To amend subtitle D of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 to
provide grants and technical assistance to University Centers
for Excellence in Developmental Disabilities Education,
Research, and Service to improve services rendered to children
and adults on the autism spectrum, and their families.
Summary
H.R. 5756, Training and Research for Autism Improvements
Nationwide Act of 2010, would amend title I of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 to require the Secretary of HHS to award grants to provide
individuals (including parents and health, allied health,
vocational, and educational professionals) with
interdisciplinary training, continuing education, technical
assistance, and information to improve services rendered to
children and adults with autism and their families. Funding is
authorized at $17 million for each of fiscal years 2012 through
2016.
The bill would also require the Secretary of HHS to award
grants to institutions of higher education to establish up to
four new University Centers for Excellence in Developmental
Disabilities Education, Research, and Service (UCEDD). Priority
would be given to applicants that demonstrate collaboration
with minority institutions. Funding would be authorized at $2
million for each of fiscal years 2012 through 2016.
Legislative History
On July 15, 2010, H.R. 5756 was introduced in the House by
Rep. Doyle of Pennsylvania and referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Health on July 19, 2010.
On July 22, 2010, the Subcommittee on Health met in an open
markup session on H.R. 5756, and favorably forwarded the bill
to the full Committee, amended, by a voice vote.
On July 28, 2010, the Committee on Energy and Commerce met
in open markup session on H.R. 5756 and ordered the bill
favorably reported to the House, amended, by a voice vote.
On September 22, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 5756 (H. Rept. 111-617).
On September 23, 2010, the House passed H.R. 5756, under
suspension of the rules, as amended, by a rollcall vote of 393-
24.
On September 24, 2010, the Senate received H.R. 5756 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 5756 in the 111th
Congress, although provisions of the legislation were included
in the House-passed health reform bill (H.R. 3962).
NEGLECTED INFECTIONS OF IMPOVERISHED AMERICANS ACT OF 2010
(H.R. 5986)
To require the submission of a report to Congress on
parasitic diseases among poor Americans.
Summary
H.R. 5986, the Neglected Infections of Impoverished
Americans Act of 2010, would require the Secretary of HHS to
report to Congress on the epidemiology and impact of neglected
infectious diseases of poverty in the United States. Such
diseases include Chaga's disease, cysticercosis, toxocariasis,
toxoplasmosis, trichomoniasis, the soil-transmitted helminths,
and other related diseases. H.R. 5986 would require the report
to provide the information necessary to guide future health
policy to accurately evaluate the current state of knowledge
concerning such diseases and define gaps in such knowledge, and
to address the threat of such diseases. The bill would require
the Secretary to appropriate funding required to address these
neglected diseases of poverty.
Legislative History
On July 30, 2010, H.R. 5986 was introduced in the House by
Rep. Johnson of Georgia and referred to the Committee on Energy
and Commerce. The bill was referred to the Subcommittee on
Health on August 9, 2010.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 5986.
On September 16, 2010, the Subcommittee on Health met in an
open markup session on H.R. 5986 and favorably forwarded the
bill to the full Committee by a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session on H.R. 5986 and ordered the bill
favorably reported to the House by a voice vote.
On September 28, 2010, the House passed H.R. 5986, under
suspension of the rules, by a voice vote.
On September 29, 2010, the Senate received H.R. 5986 and
referred the bill to the Senate Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 5986 in the 111th
Congress, although provisions of the legislation were included
in the House-passed health reform bill (H.R. 3962).
TO DIRECT THE SECRETARY OF HEALTH AND HUMAN SERVICES TO REVIEW
UTILIZATION OF DIABETES SCREENING BENEFITS AND MAKE RECOMMENDATIONS ON
OUTREACH PROGRAMS WITH RESPECT TO SUCH BENEFITS
(H.R. 6012)
To direct the Secretary of Health and Human Services to
review utilization of diabetes screening benefits, and make
recommendations on outreach programs with respect to such
benefits.
Summary
H.R. 6012 would require the Secretary of HHS to review the
utilization of diabetes screening benefits and identify
existing efforts by HHS agencies, and private and non-profit
sectors, to increase awareness of diabetes screening benefits.
An annual report to Congress on these activities would be
required.
Legislative History
On July 30, 2010, H.R. 6012 was introduced in the House by
Rep. Space of Ohio and referred to the Committee on Energy and
Commerce. The bill was referred to the Subcommittee on Health
on August 9, 2010.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 6012.
On September 16, 2010, the Subcommittee on Health met in
open markup session on H.R. 6012 and favorably forwarded the
bill to the full Committee, amended, by a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session on H.R. 6012 and ordered the bill
favorably reported to the House, as amended, by a voice vote.
On September 28, 2010, the House passed H.R. 6012, as
amended, under suspension of the rules, by a voice vote.
On September 29, 2010, the Senate received H.R. 6012 with
the House amendment and referred the bill to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 6012 in the 111th
Congress.
STEM CELL THERAPEUTIC AND RESEARCH REAUTHORIZATION ACT OF 2010
Public Law 111-264 (H.R. 6081, S. 3751)
To amend the Stem Cell Therapeutic and Research Act of
2005.
Summary
H.R. 6081, the Stem Cell Therapeutic and Research
Reauthorization Act of 2010, would reauthorize the C.W. Bill
Young Cell Transplantation Program which includes the National
Registry for adult donors of bone marrow, peripheral blood
adult stem cells, and umbilical cord blood units, the Office of
Patient Advocacy, and the stem cell therapeutic outcomes
database. The legislation would authorize $30 million for each
of fiscal years 2011 through 2014 and $33 million for fiscal
year 2015 to support these activities. It would also
reauthorize the National Cord Blood Inventory (NCBI), a program
that provides grants to public cord blood banks to assist them
in collecting donated cord blood units that are then listed on
the National Registry. The bill would authorize $23 million for
each of fiscal years 2011 through 2014 and $20 million for
fiscal year 2015 for the NCBI.
Legislative History
On August 9, 2010, H.R. 6081 was introduced in the House by
Rep. Young of Florida and referred to the Committee on Energy
and Commerce. The bill was referred to the Subcommittee on
Health on August 10, 2010.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 6081.
On September 16, 2010, the Subcommittee on Health met in
open markup session on H.R. 6081 and favorably forwarded the
bill to the full Committee, amended, by a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session on H.R. 6081 and ordered the bill
favorably reported to the House, amended, by a voice vote.
On September 28, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 6081 (H. Rept. 111-643).
No further action was taken on H.R. 6081 in the 111th
Congress, as the House took up the Senate-passed companion
bill, S. 3751.
On August 5, 2010, S. 3751, the Stem Cell Therapeutic and
Research Reauthorization Act of 2010 (companion legislation to
H.R. 6081) was introduced in the Senate by Sen. Hatch of Utah
and referred to the Committee on Health, Education, Labor, and
Pensions.
On September 23, 2010, the Committee on the Health,
Education, Labor, and Pensions met in open markup session, and
S. 3751 was ordered favorably reported, amended, to the Senate.
On September 28, 2010, the Senate passed S. 3751 with an
amendment by unanimous consent.
On September 30, 2010, the House passed S. 3751, as amended
by the Senate, under suspension of the rules by a voice vote,
clearing the measure for the White House.
On October 8, 2010, S. 3751 was signed into law by the
President and became Public Law 111-264.
HEALTH DATA COLLECTION IMPROVEMENT ACT OF 2010
(H.R. 6109)
To amend the Public Health Service Act to require the
Secretary of Health and Human Services to ensure the voluntary
collection of data on the sexual orientation and gender
identity of individuals participating in appropriate federal
health programs and surveys.
Summary
H.R. 6109, the Health Data Collection Improvement Act of
2010, would amend the Public Health Service Act to provide for
the voluntary collection of data on sexual orientation and
gender identity, as appropriate and practicable, in programs
and surveys supported by the Department of Health and Human
Services. It would require the HHS Secretary to develop
standards for the development of questions and the appropriate
and confidential collection of such information. It would also
direct that this information be analyzed to assess disparities
in health status and access to health care.
Legislative History
On September 14, 2010, H.R. 6109 was introduced in the
House by Rep. Baldwin of Wisconsin and referred to the
Committee on Energy and Commerce, and on the same day to the
Subcommittee on Health.
On September 15, 2010, the Subcommittee held a legislative
hearing on H.R. 6109.
On September 16, 2010, the Subcommittee on Health met in an
open markup session to consider H.R. 6109. The Subcommittee
favorably forwarded H.R. 6109 to the full Committee, amended,
by a rollcall vote of 12-10.
There was no further action taken on H.R. 6109 in the 111th
Congress, although provisions of the legislation were included
in the House-passed health reform bill (H.R. 3962).
TELEHEALTH IMPROVEMENT AND EXPANSION ACT OF 2010
(H.R. 6110)
To amend the Public Health Service Act to reauthorize
telehealth and telemedicine grant programs.
Summary
H.R. 6110, the Telehealth Improvement and Expansion Act of
2010, would amend the Public Health Service Act to reauthorize
three telehealth programs administered by HRSA, including the
telehealth network program, the telehealth resource center
program, and incentive grants to coordinate telemedicine
activities among the states. The bill would revise the
requirements for funding priorities within both the telehealth
network and telehealth resource center programs. It would
authorize each of the three programs at $10 million for each of
fiscal years 2012 through 2016.
Legislative History
On September 14, 2010, H.R. 6110 was introduced in the
House by Rep. Butterfield of North Carolina and referred to the
Committee on Energy and Commerce. The bill was referred to the
Subcommittee on Health on September 15, 2010.
On September 15, 2010, the Subcommittee on Health held a
legislative hearing to consider H.R. 6110.
No further action was taken on H.R. 6110 in the 111th
Congress, although provisions of the legislation were included
in the House-passed health reform bill (H.R. 3962).
SUPPORTING THE GOALS AND IDEALS OF MULTIPLE SCLEROSIS AWARENESS WEEK
(H. Con. Res. 14)
Summary
H. Con. Res. 14 expresses support for the goals and ideals
of Multiple Sclerosis Awareness Week.
Legislative History
On January 8, 2009, H. Con. Res. 14 was introduced in the
House by Rep. Lee of California and referred to the Committee
on Energy and Commerce.
On March 5, 2009, H. Con. Res. 14 passed the House, under
suspension of the rules, by a rollcall vote of 416-0.
On March 6, 2009, the Senate received H. Con. Res. 14 and
referred the resolution to the Senate Committee on Health,
Education, Labor, and Pensions.
No further action was taken on H. Con. Res. 14 in the 111th
Congress.
On March 2, 2009, S. Con. Res. 9, a Concurrent Resolution
Supporting the Goals and Ideals of Multiple Sclerosis Awareness
Week (companion legislation to H. Con. Res. 14) was introduced
in the Senate by Sen. Casey of Pennsylvania. That same day S.
Con. Res. 9 passed the Senate by unanimous consent.
On March 3, 2009, S. Con. Res. 9 was referred to the House
Committee on Energy and Commerce.
No further action was taken on S. Con. Res. 9 in the 111th
Congress.
SUPPORTING THE OBSERVANCE OF COLORECTAL CANCER AWARENESS MONTH
(H. Con. Res. 60)
Summary
H. Con. Res. 60 expresses support for the observance of
Colorectal Cancer Awareness Month.
Legislative History
On February 25, 2009, H. Con. Res. 60 was introduced in the
House by Rep. Granger of Texas and referred to the Committee on
Energy and Commerce.
On March 30, 2009, the House passed H. Con. Res. 60, under
suspension of the rules, by a voice vote.
On March 31, 2009, the Senate received H. Con. Res. 60 and
the resolution was referred to the Senate Committee on Health,
Education, Labor, and Pensions.
No further action was taken on H. Con. Res. 60 in the 111th
Congress.
HONORING THE 20TH ANNIVERSARY OF THE SUSAN G. KOMEN RACE FOR THE CURE
IN THE NATION'S CAPITAL AND ITS TRANSITION TO THE SUSAN G. KOMEN GLOBAL
RACE FOR THE CURE ON JUNE 6, 2009
(H. Con. Res. 109)
Summary
H. Con. Res. 109 honors the 20th anniversary of the Susan
G. Komen Global Race for the Cure, an event to raise funds for
research and education on breast cancer.
Legislative History
On April 27, 2009, H. Con. Res. 109 was introduced in the
House by Rep. Connolly of Virginia and referred to the
Committee on Energy and Commerce.
On June 3, 2009, H. Con. Res. 109 passed the House, under
suspension of the rules, by a rollcall vote of 417-0.
On June 8, 2009, the Senate passed H. Con. Res. 109 by
unanimous consent.
SUPPORTING THE GOALS AND IDEALS OF NATIONAL WOMEN'S HEALTH WEEK
(H. Con. Res. 120)
Summary
H. Con. Res. 120 expresses support for the goals and ideals
of National Women's Health Week.
Legislative History
On May 6, 2009, H. Con. Res. 120 was introduced in the
House by Rep. Hinchey of New York and referred to the Committee
on Energy and Commerce.
On May 19, 2009, H. Con. Res. 120 passed the House, under
suspension of the rules, by a voice vote.
On May 20, 2009, H. Con. Res. 120 was received in the
Senate and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H. Con. Res. 120 in the
111th Congress.
EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT CONGRESS
SHOULD PROVIDE INCREASED FEDERAL FUNDING FOR CONTINUED TYPE 1 DIABETES
RESEARCH
(H. Res. 35)
Summary
H. Res. 35 calls for an increase in federal funding for
research on type 1 diabetes at the National Institutes of
Health.
Legislative History
On January, 8, 2009, H. Res. 35 was introduced in the House
by Rep. Gene Green of Texas and referred to the Committee on
Energy and Commerce.
On December 10, 2009, H. Res. 35 passed the House, under
suspension of the rules, by a voice vote.
EXPRESSING SUPPORT FOR THE DESIGNATION OF A NATIONAL PRADER-WILLI
SYNDROME AWARENESS MONTH
(H. Res. 55)
Summary
H. Res. 55 expresses support for the designation of a
National Prader-Willi Syndrome Awareness Month and for
increased funding into the causes, treatment, and cure for
Prader-Willi syndrome.
Legislative History
On January 13, 2009, H. Res. 55 was introduced in the House
by Rep. Royce of California and referred to the Committee on
Energy and Commerce.
On December 10, 2009, H. Res. 55 passed the House, under
suspension of the rules, by a voice vote.
RECOGNIZING THE NEED TO CONTINUE RESEARCH INTO THE CAUSES, TREATMENT,
EDUCATION, AND AN EVENTUAL CURE FOR DIABETES
(H. Res. 69)
Summary
H. Res. 69 commends hospitals, community clinics,
educational institutes, and other organizations that are
working to increase diabetes awareness, and conducting research
for methods to help patients and families in the Latino
community suffering from diabetes. H. Res. 69 also recognizes
the work of the Latino Diabetes Association, and expresses the
support for the designation of Latino Diabetes Awareness Month.
Legislative History
On January 15, 2009, H. Res. 69 was introduced in the House
by Rep. Baca of California and referred to the Committee on
Energy and Commerce.
On July 22, 2009, H. Res. 69 passed the House, under
suspension of the rules, by a rollcall vote of 420-0.
RECOGNIZING NATIONAL NURSES WEEK ON MAY 6 THROUGH MAY 12, 2009
(H. Res. 192)
Summary
H. Res. 192 expresses support for the goals and ideals of
National Nurses Week.
Legislative History
On February 25, 2009, H. Res. 192 was introduced in the
House by Rep. Eddie Bernice Johnson of Texas and referred to
the Committee on Energy and Commerce.
On May 12, 2009, H. Res. 192 passed the House, under
suspension of the rules, by a voice vote.
CONGRATULATING THE AMERICAN DENTAL ASSOCIATION FOR ITS 150TH YEAR OF
WORKING TO IMPROVE THE PUBLIC'S ORAL HEALTH AND PROMOTING DENTISTRY,
SUPPORTING INITIATIVES TO IMPROVE ACCESS TO ORAL HEALTH CARE SERVICES
FOR ALL AMERICANS, AND EMPHASIZING THE BENEFITS OF PREVENTION OF
DISEASE THROUGH SUPPORT OF COMMUNITY PREVENTION INITIATIVES AND
PROMOTION OF GOOD ORAL HYGIENE
(H. Res. 204)
Summary
H. Res. 204 congratulates the American Dental Association
for its 150th anniversary and commends the work of oral heath
practitioners.
Legislative History
On May 3, 2009, H. Res. 204 was introduced in the House by
Rep. Simpson of Idaho and referred to the Committee on Energy
and Commerce.
On May 15, 2009, H. Res. 204 passed the House, under
suspension of the rules, by a rollcall vote of 424-0.
SUPPORTING EFFORTS TO REDUCE INFANT MORTALITY IN THE UNITED STATES
(H. Res. 260)
Summary
H. Res. 260 expresses support for efforts to understand
racial disparities and the rate of infant mortality in the
United States in order to lower such rates.
Legislative History
On March 18, 2009, H. Res. 260 was introduced in the House
by Rep. Cohen of Tennessee and referred to the Committee on
Energy and Commerce.
On September 16, 2009, H. Res. 260 passed the House, under
suspension of the rules, by a rollcall vote of 415-0.
EXPRESSING SUPPORT FOR DESIGNATION OF MARCH AS NATIONAL NUTRITION MONTH
(H. Res. 274)
Summary
H. Res. 274 expresses support for the designation of, and
the goals and ideals of, National Nutrition Month.
Legislative History
On March 23, 2009, H. Res. 274 was introduced in the House
by Rep. Castor of Florida and referred to the Committee on
Energy and Commerce.
On February 23, 2010, H. Res. 274 passed the House, under
suspension of the rules, by a voice vote.
RECOGNIZING THE 40TH ANNIVERSARY OF THE NATIONAL EYE INSTITUTE (NEI)
AND EXPRESSING SUPPORT FOR DESIGNATION OF 2010 THROUGH 2020 AS THE
DECADE OF VISION
(H. Res. 366)
Summary
H. Res. 366 recognizes the 40th anniversary of the National
Eye Institute and expresses support for the designation of the
Decade of Vision to maintain a sustained awareness of the
public health challenges associated with vision impairment and
eye disease.
Legislative History
On April 27, 2009, H. Res. 366 was introduced in the House
by Rep. Baldwin of Wisconsin and referred to the Committee on
Energy and Commerce.
On June 16, 2009, H. Res. 366 passed the House, under
suspension of the rules, by a rollcall vote of 411-0.
EXPRESSING SUPPORT FOR DESIGNATION OF MAY AS NATIONAL ASTHMA AND
ALLERGY AWARENESS MONTH
(H. Res. 407)
Summary
H. Res. 407 expresses support for the designation of
National Asthma and Allergy Awareness Month, and encourages
awareness about the prevalence of asthma and allergies and the
disparities in asthma cases based on race, ethnicity, and
socioeconomic status.
Legislative History
On May 6, 2009, H. Res. 407 was introduced in the House by
Rep. Castor of Florida and referred to the Committee on Energy
and Commerce.
On May 28, 2009, H. Res. 407, as amended, passed the House,
under suspension of the rules, by a voice vote.
SUPPORTING THE GOALS AND IDEALS OF MENTAL HEALTH MONTH
(H. Res. 437)
Summary
H. Res. 437 expresses support for the goals and ideals of
Mental Health Month.
Legislative History
On May 14, 2009, H. Res. 437 was introduced in the House by
Rep. Napolitano of California and referred to the Committee on
Energy and Commerce.
On June 3, 2009, H. Res. 437, as amended, passed the House,
under suspension of the rules, by a voice vote.
EXPRESSING SUPPORT FOR DESIGNATION OF JUNE AS HOME SAFETY MONTH
(H. Res. 543)
Summary
H. Res. 543 supports the designation of Home Safety Month
to encourage adults, parents, and caregivers to take greater
actions to reduce unintentional injuries and educate themselves
on the importance of home safety.
Legislative History
On June 12, 2009, H. Res. 543 was introduced in the House
by Rep. Halvorson of Illinois and referred to the Committee on
Energy and Commerce.
On July 16, 2009, H. Res. 543 passed the House, under
suspension of the rules, by a rollcall vote of 416-9.
SUPPORTING THE GOALS AND IDEALS OF FRAGILE X AWARENESS DAY
(H. Res. 611)
Summary
H. Res. 611 expresses support for the goals and ideals of
Fragile X Awareness Day.
Legislative History
On July 7, 2009, H. Res. 611 was introduced in the House by
Rep. Hare of Illinois and referred to the Committee on Energy
and Commerce.
On July 21, 2010, H. Res. 611, as amended, passed the
House, under suspension of the rules, by a voice vote.
SUPPORTING THE GOALS AND IDEALS OF TAY-SACHS AWARENESS MONTH
(H. Res. 692)
Summary
H. Res. 692 expresses support for the goals and ideals of
Tay-Sachs Awareness Month.
Legislative History
On July 29, 2009, H. Res. 692 was introduced in the House
by Rep. Arcuri of New York and referred to the Committee on
Energy and Commerce.
On September 30, 2009, H. Res. 692 passed the House, under
suspension of the rules, as amended, by a rollcall vote of 415-
0.
EXPRESSING SUPPORT FOR DESIGNATION OF OCTOBER 13, 2009, AS NATIONAL
METASTATIC BREAST CANCER AWARENESS DAY
(H. Res. 787)
Summary
H. Res. 787 expresses support for the designation of
National Metastatic Breast Cancer Awareness Day.
Legislative History
On September 30, 2009, H. Res. 787 was introduced in the
House by Rep. DeLauro of Connecticut and referred to the
Committee on Energy and Commerce.
On October 28, 2009, H. Res. 787 passed the House, under
suspension of the rules, by a voice vote.
SUPPORTING THE OBSERVANCE OF NATIONAL DIABETES MONTH
(H. Res. 914)
Summary
H. Res. 914 expresses support for the goals and ideals of
National Diabetes Month.
Legislative History
On November 18, 2009, H. Res. 914 was introduced in the
House by Rep. DeGette of Colorado and referred to the Committee
on Energy and Commerce.
On November 19, 2009, H. Res. 914 passed the House by
unanimous consent.
EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING
GUIDELINES FOR BREAST CANCER SCREENING FOR WOMEN AGES 40 TO 49
(H. Res. 971)
Summary
H. Res. 971 expresses the sense of the House of
Representatives that: (1) the guidelines of the United States
Preventive Services Task Force will not prohibit an insurer
from providing coverage for mammography services in addition to
those recommended by the Task Force and should not be used by
insurers to deny coverage for services that are not recommended
on a routine basis; and (2) the National Cancer Institute
should continue to invest and provide leadership regarding
research to develop more effective breast cancer screening
tools and strategies.
Legislative History
On December 15, 2009, H. Res. 971 was introduced in the
House by Rep. Wasserman Schultz of Florida and referred to the
Committee on Energy and Commerce.
On December 15, 2009, H. Res. 971 passed the House, under
suspension of the rules, by a rollcall vote of 426-0.
EXPRESSING SUPPORT FOR THE DESIGNATION OF SEPTEMBER AS NATIONAL
CHILDHOOD OBESITY AWARENESS MONTH
(H. Res. 996)
Summary
Expresses support for the designation of National Childhood
Obesity Awareness Month.
Legislative History
On December 19, 2009, H. Res. 996 was introduced in the
House by Rep. Fudge of Ohio and referred to the Committee on
Energy and Commerce.
On May 20, 2010, H. Res. 996, as amended, passed the House,
under suspension of the rules, by a voice vote.
EXPRESSING SUPPORT FOR THE DESIGNATION OF JANUARY 10, 2010, THROUGH
JANUARY 16, 2010, AS NATIONAL INFLUENZA VACCINATION WEEK
(H. Res. 1003)
Summary
H. Res. 1003 expresses support for the designation of
National Influenza Vaccination Week.
Legislative History
On January 12, 2010, H. Res. 1003 was introduced in the
House by Rep. Chu of California and referred to the Committee
on Energy and Commerce.
On January 26, 2010, H. Res. 1003, as amended, passed the
House, under suspension of the rules, by a rollcall vote of
398-2.
RECOGNIZING THE IMPORTANCE OF CERVICAL HEALTH AND OF DETECTING CERVICAL
CANCER DURING ITS EARLIEST STAGES AND SUPPORTING THE GOALS AND IDEALS
OF CERVICAL HEALTH AWARENESS MONTH
(H. Res. 1011)
Summary
H. Res. 1011 expresses support for the goals and ideals of
Cervical Health Awareness Month.
Legislative History
On January 13, 2010, H. Res. 1011 was introduced in the
House by Rep. Halvorson of Illinois and referred to the
Committee on Energy and Commerce.
On January 26, 2010, H. Res. 1011 passed the House, under
suspension of the rules, by a rollcall vote of 400-0.
EXPRESSING SUPPORT FOR DESIGNATION OF APRIL 2010 AS NATIONAL AUTISM
AWARENESS MONTH AND SUPPORTING EFFORTS TO DEVOTE RESOURCES TO RESEARCH
INTO THE CAUSES AND TREATMENT OF AUTISM AND TO IMPROVE TRAINING AND
SUPPORT FOR INDIVIDUALS WITH AUTISM AND THOSE WHO CARE FOR INDIVIDUALS
WITH AUTISM
(H. Res. 1033)
Summary
H. Res. 1033 expresses support for the designation of a
National Autism Awareness Month.
Legislative History
On January 21, 2010, H. Res. 1033 was introduced in the
House by Rep. Reichert of Washington and referred to the
Committee on Energy and Commerce and in addition to the
Committee on Education and Labor.
On April 27, 2010, H. Res. 1033, as amended, passed the
House, under suspension of the rules, by a voice vote.
SUPPORTING THE GOALS AND IDEALS OF MULTIPLE SCLEROSIS AWARENESS WEEK
(H. Res. 1116)
Summary
H. Res. 1116 expresses support for the goals and ideals of
Multiple Sclerosis Awareness Week.
Legislative History
On February 25, 2010, H. Res. 1116 was introduced in the
House by Rep. Lee of California, and referred to the Committee
on Energy and Commerce.
On April 21, 2010, H. Res. 116 passed the House, under
suspension of the rules, by a voice vote.
COMMENDING THE PROGRESS MADE BY ANTI-TUBERCULOSIS PROGRAMS
(H. Res. 1155)
Summary
H. Res. 1155 supports the goals of World TB Day to raise
awareness about tuberculosis, and reaffirms the commitment of
the House of Representatives to global tuberculosis control
through the Lantos-Hyde U.S. Leadership Against HIV/AIDS,
Tuberculosis and Malaria Act of 2008.
Legislative History
On March 10, 2010, H. Res. 1155 was introduced in the House
by Rep. Engel of New York and referred to the Committee on
Foreign Affairs, and in addition to the Committee on Energy and
Commerce.
On May 12, 2010, H. Res. 1155, as amended, passed the
House, under suspension of the rules, by a voice vote.
COMMENDING EYECARE AMERICA FOR ITS WORK OVER THE LAST 25 YEARS
(H. Res. 1226)
Summary
H. Res. 1226 commends EyeCare America for its work over the
last 25 years.
Legislative History
On March 25, 2010, H. Res. 1226 was introduced in the House
by Rep. Gene Green of Texas and referred to the Committee on
Energy and Commerce.
On September 28, 2010, H. Res. 1226, as amended, passed the
House, under suspension of the rules, by a voice vote.
EXPRESSING SUPPORT FOR DESIGNATION OF MAY 2010 AS MENTAL HEALTH MONTH
(H. Res. 1258)
Summary
H. Res. 1258 expresses support for the designation of
Mental Health Month.
Legislative History
On April 15, 2010, H. Res. 1258 was introduced in the House
by Rep. Napolitano of California and referred to the Committee
on Energy and Commerce.
On May 25, 2010, H. Res. 1258, as amended, passed the
House, under suspension of the rules, by a rollcall vote of
414-1.
EXPRESSING SUPPORT FOR THE DESIGNATION OF SEPTEMBER 2010 AS BLOOD
CANCER AWARENESS MONTH
(H. Res. 1433)
Summary
H. Res. 1433 expresses support for the designation of Blood
Cancer Awareness Month.
Legislative History
On June 10, 2010, H. Res. 1433 was introduced in the House
by Rep. Jones of North Carolina and referred to the Committee
on Energy and Commerce.
On September 22, 2010, H. Res. 1433, as amended, passed the
House, under suspension of the rules, by a voice vote.
EXPRESSING SUPPORT FOR DESIGNATION OF SEPTEMBER 2010 AS NATIONAL
PROSTATE CANCER AWARENESS MONTH
(H. Res. 1485)
Summary
H. Res. 1485 expresses support for the designation of
National Prostate Cancer Awareness Month.
Legislative History
On June 29, 2010, H. Res. 1485 was introduced in the House
by Rep. Neugebauer of Texas and referred to the Committee on
Energy and Commerce.
On September 28, 2010, H. Res. 1485 passed the House, under
suspension of the rules, by a voice vote.
HONORING THE ACHIEVEMENTS OF DR. ROBERT M. CAMPBELL, JR., TO PROVIDE
CHILDREN WITH LIFESAVING MEDICAL CARE
(H. Res. 1499)
Summary
H. Res. 1499 honors Dr. Robert Campbell for his lifelong
devotion to children's health care and congratulates Dr.
Campbell and his colleagues on their extraordinary achievement
in pediatric and orthopedic innovation.
Legislative History
On July 1, 2010, H. Res. 1499 was introduced in the House
by Rep. Wasserman Schultz of Florida and referred to the
Committee on Energy and Commerce.
On July 18, 2010, H. Res. 1499, as amended, passed the
House, under suspension of the rules, by a voice vote.
RECOGNIZING AND HONORING THE 20TH ANNIVERSARY OF THE ENACTMENT OF THE
AMERICANS WITH DISABILITIES ACT OF 1990
(H. Res. 1504)
Summary
H. Res. 1504 recognizes the 20th anniversary of the
enactment of the Americans with Disabilities Act of 1990.
Legislative History
On July 1, 2010, H. Res. 1504 was introduced in the House
by Rep. Hoyer of Maryland and referred to the Committee on
Education and Labor, and in addition to the Committee on Energy
and Commerce, the Committee on Transportation and
Infrastructure, and the Committee on the Judiciary.
On July 26, 2010, H. Res. 1504, as amended, passed the
House, under suspension of the rules, by a rollcall vote of
377-0.
SUPPORTING THE CRITICAL ROLE OF THE PHYSICIAN ASSISTANT PROFESSION AND
SUPPORTING THE GOALS AND IDEALS OF NATIONAL PHYSICAL ASSISTANT WEEK
(H. Res. 1600)
Summary
H. Res. 1600 expresses support for the goals and ideals of
National Physician Assistant Week.
Legislative History
On July 30, 2010, H. Res. 1600 was introduced in the House
by Rep. McCollum of Minnesota and referred to the Committee on
Energy and Commerce.
On December 15, 2010, H. Res. 1600, as amended, passed the
House, under suspension of the rules, by a voice vote.
SUPPORTING THE OBSERVANCE OF AMERICAN DIABETES MONTH
(H. Res. 1690)
Summary
H. Res. 1690 expresses support for the goals and ideals of
American Diabetes Month.
Legislative History
On September 29, 2010, H. Res. 1690 was introduced in the
House by Rep. DeGette of Colorado and referred to the Committee
on Energy and Commerce.
On November 30, 2010, H. Res. 1690 passed the House, as
amended, under suspension of the rules, by a voice vote.
REQUESTING THE PRESIDENT, AND DIRECTING THE SECRETARY OF HEALTH AND
HUMAN SERVICES, TO TRANSMIT TO THE HOUSE OF REPRESENTATIVES COPIES OF
DOCUMENTS, RECORDS, AND COMMUNICATIONS IN THEIR POSSESSION RELATING TO
CERTAIN AGREEMENTS REGARDING HEALTH CARE REFORM
(H. Res. 983)
Summary
H. Res. 983 is a resolution of inquiry requesting the
President to transmit: (1) a list of all agreements entered
into between any individuals associated with the White House
and any health care reform stakeholders, as well as the
substance of the agreements; (2) the names of individuals
associated with the White House who participated in the
decision-making process during negotiations over such
agreements and the names, dates, and titles of meetings in
which they participated relating to such agreements; and (3)
the names of individuals or entities who requested and were
denied a White House meeting on health care reform.
Legislative History
On December 16, 2009, H. Res. 983 was introduced in the
House by Rep. Burgess of Texas and referred to the Committee on
Energy and Commerce.
On January 28, 2010, the Committee on Energy and Commerce
met in open markup session and H. Res. 983 was ordered reported
without recommendation by a voice vote
On January 29, 2010, the Committee on Energy and Commerce
filed the House report on H. Res. 983 (H. Rept. 111-408).
No further action was taken on H. Res. 983 in the 111th
Congress.
Health Finance
Legislative Activities
CHILDREN'S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2009
Public Law 111-3 (H.R. 2)
To amend title XXI of the Social Security Act to extend and
improve the Children's Health Insurance Program, and for other
purposes.
Summary
The Children's Health Insurance Program Reauthorization Act
of 2009 reauthorizes the Children's Health Insurance Program
(CHIP) through fiscal year 2013. CHIP provides health insurance
coverage to uninsured children in low-income families. The law
provides sufficient funds to enable states to maintain their
current CHIP programs and to extend coverage to an additional 4
million uninsured low-income children.
The law provides performance bonus payments to states to
cover enrollment costs resulting from specified enrollment and
retention efforts. It establishes a child enrollment
contingency fund to cover state CHIP expenditures beyond the
amount allotted in statute for the reauthorization period of
2009-2013. It provides additional funding for outreach and
enrollment activities. It will also improve access to dental
benefits and mental health benefits in CHIP plans.
The law authorizes states to waive the restriction on
providing Medicaid and CHIP coverage to certain legal
immigrants before five years of residency and provides an
alternative process for states to use in verifying citizenship
when determining Medicaid eligibility.
According to the Congressional Budget Office, the law as
enacted will increase federal spending on health care for low-
income children by $73.8 billion over the periods of 2009-2019.
It is fully paid for, largely through an increase in the excise
tax on tobacco products, and will reduce the federal budget
deficit by $1.0 billion over this 10-year period.
Legislative History
On January 13, 2009, H.R. 2 was introduced in the House by
Rep. Pallone of New Jersey and referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways
and Means and the Committee on Education and Labor.
On January 14, 2009, H.R. 2 passed the House by a rollcall
vote of 289-139.
On January 29, 2009, H.R. 2 passed the Senate, as amended,
by a rollcall vote of 66-32.
On February 4, 2009, H.R. 2 passed the House, as amended,
by a rollcall vote of 290-135. That same day, H.R. 2 was signed
by the President and became Public Law 111-3.
THE AMERICAN RECOVERY AND REINVESTMENT ACT
Public Law 111-5 (H.R. 1, H.R. 629)
A legislative package to stimulate the economy through
creation of jobs and promotion of investment.
Summary
The American Recovery and Reinvestment Act of 2009 (ARRA)
contains a broad range of appropriations, tax, unemployment,
health, state fiscal relief, and other provisions designed to
preserve and create jobs, promote economic recovery, assist
those most affected by the recession, and provide investments
in infrastructure and technological advances in science and
health. According to the Congressional Budget Office, the law
will increase federal spending for these purposes by $787
billion over the period of 2009-2019. Three main provisions of
the bill fall within the health jurisdiction of the Committee:
premium assistance for COBRA continuation benefits (Title III
of Division B), health information technology (Title IV of
Division B), and temporary fiscal relief to state Medicaid
programs (Title V of Division B).
Under the Consolidated Omnibus Budget Reconciliation Act
(COBRA), individuals who are involuntarily separated from their
employment may elect to continue health coverage through the
employer for up to 18 months by paying a monthly premium. Under
ARRA, the federal government assumes 65% of the cost of these
COBRA health insurance premiums for up to 9 months for
individuals (other than those with high incomes) involuntarily
separated during the period beginning September 1, 2008, and
ending December 31, 2009. Eligible individuals make smaller
payments of COBRA health insurance premiums to employers, and
employers receive an equivalent credit to allow them to reduce
their remittances of income and payroll tax withholding. The
Congressional Budget Office estimates the cost of this
provision as $25.1 billion over the period of 2009-2010, mostly
in fiscal years 2009 and 2010.
The law would establish payment incentives in the Medicare
and Medicaid programs to encourage providers to adopt health
information technology (HIT). Although adoption would be
encouraged through financial incentives through Medicare and
Medicaid, all health care spending, public and private, would
be affected. The Congressional Budget Office expects that
adoption of HIT on a nationwide basis would reduce total
spending on health care by diminishing the number of
inappropriate tests and procedures, reducing paperwork and
administrative overhead, and decreasing the number of adverse
events resulting from medical errors. According to the
Congressional Budget Office the cost of the HIT provision, net
of the savings to Medicare, Medicaid, and the Federal Employees
Health Benefits programs and increased tax revenues, will be
$20.8 billion over the 2009-2010 period.
To assist states in maintaining their Medicaid programs in
the face of increasing enrollment and declining revenues due to
the recession, the law would increase the federal Medicaid
matching rate (the federal medical assistance percentage or
FMAP) for the period October 1, 2008, to December 31, 2010, in
three ways. It would ensure that states do not experience a
reduction in their FMAP under the regular formula. It would
increase the FMAP rates for all states and the District of
Columbia by 6.2 percentage points. And it would provide an
additional increase in FMAP to states that experience at least
a 1.5 percentage point increase in their unemployment rate
based on a tiered formula that provides larger FMAP increases
to states with larger increases in their unemployment rates.
The Congressional Budget Office estimates that this provision
would increase federal Medicaid outlays by $90.0 billion over
the period of 2009-2019, mostly in fiscal years 2009 and 2010.
Legislative History
On January 22, 2009, the Committee on Energy and Commerce
met in open markup session to consider five committee prints of
draft legislation on portions of the economic recovery package
within the jurisdiction of the Committee. Following the
approval of the committee prints relating to legislation on
broadband, energy, and health, a unanimous consent request by
Chairman Waxman was agreed to that all text after section 1 of
H.R. 629, the Energy and Commerce Recovery and Reinvestment Act
of 2009, be struck and replace with the text of the five
committee prints approved by the Committee, as amended. H.R.
629, as amended, was ordered favorably reported to the House.
On January 26, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 625 (H. Rept. 111-7, Part 1).
The legislative provision contained in this and other Committee
reports became part of H.R. 1, the American Recovery and
Reinvestment Act of 2009, which was introduced on January 26,
2009.
On January 28, 2009, H.R. 1 was considered by the House and
passed by a rollcall vote of 244-188.
On February 10, 2009, the Senate passed H.R. 1 with an
amendment by a rollcall vote of 61-37. The Senate insisted upon
their amendment, asked for a conference with the House, and
appointed conferees: Inouye, Baucus, Reid, Cochran, and
Grassley.
The House agreed to a motion to disagree with the Senate
amendment and agreed to a conference on February 10, 2009, by a
rollcall vote of 403-0. The Speaker appointed the conferees
from the House: Obey, Rangel, Waxman, Lewis of California, and
Camp.
On February 12, 2009, the conference report on H.R. 1
(House Rept. 111-16) was filed in the House.
On February 13, 2009, the House agreed to the conference
report by a rollcall vote of 246-183. On the same day, the
Senate agreed to the conference report by a rollcall vote of
60-38, clearing the measure for the White House.
On February 17, 2009, H.R. 1 was signed into law by the
President and became Public Law 111-5.
TO AMEND TITLE XVIII OF THE SOCIAL SECURITY ACT TO DELAY THE DATE ON
WHICH THE ACCREDITATION REQUIREMENT UNDER THE MEDICARE PROGRAM APPLIES
TO SUPPLIERS OF DURABLE MEDICAL EQUIPMENT THAT ARE PHARMACIES
Public Law 111-72 (H.R. 3663)
Summary
The law amends title XVIII (Medicare) of the Social
Security Act to postpone until January 1, 2010, the effective
date of the requirement that pharmacies, as suppliers of
Medicare items and services (including durable medical
equipment), must be accredited by an independent accreditation
organization approved by the Secretary of the Department of
Health and Human Services (HHS). It declares that nothing in
this law shall be construed to affect the application of an
accreditation requirement for pharmacies to qualify for bidding
in a competitive acquisition area.
Legislative Activities
On September 29, 2009, H.R. 3663 was introduced by Rep.
Space of Ohio and referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means.
On September 30, 2009, H.R. 3663 passed the House, under
suspension of the rules, by a voice vote.
On October 5, 2009, H.R. 3663 passed the Senate by
unanimous consent.
On October 13, 2009, H.R. 3663 was signed by the President
and became Public Law 111-72.
Medicare Sustainable Growth Rate
Public Law 111-117 (H.R. 3288); Public Law 111-144 (H.R. 4691); Public
Law 111-157 (H.R. 4851); Public Law 111-192 (H.R. 3962); Public Law
111-286 (H.R. 5712); Public Law 111-309 (H.R. 4994)
Legislation affecting the sustainable growth rate mechanism
governing the Medicare physician fee schedule established under
section 1848 of the Social Security Act.
Summary
Medicare payments for services of physicians and certain
non-physician practitioners are made on the basis of a fee
schedule. The law specifies an expenditure target, commonly
referred to as the sustainable growth rate (SGR) system, for
calculating the annual update to the fee schedule payment
rates. When cumulative physician expenditures exceed the
expenditure target, the SGR system reduces rates paid under the
fee schedule to attempt to bring cumulative expenditures in
line with the target.
Reductions resulting from application of the SGR have been
frequently overridden by legislation. Since the enactment of
the Tax Relief and Health Care Act of 2006 (P.L. 109-432), the
magnitude of reductions required by the SGR formula have
increased dramatically. As of November, 2009, a 21% reduction
in payment rates was scheduled for January 1, 2010. The
physician payment system in Medicare has also been criticized
for including items that are not reimbursed under the physician
fee schedule, and for incentivizing the delivery of fragmented
care instead of coordinated care.
H.R. 3961, as introduced, addressed these shortcomings. It
reset the SGR formula to eliminate reductions arising from
spending over targets in the past. It set more realistic growth
targets for physician spending, with a higher spending target
for primary care services than allowed for all other services.
The bill also removed services not included in the physician
fee schedule from the formula, and incentivized the formation
of accountable care organizations by allowing those groups to
be paid according to their own spending target.
The physician payment reforms contained in H.R. 3961 were
not enacted into law. Instead, a series of short-term
postponements of the payment reductions that would have
occurred under the SGR formula have been enacted.
The Consolidated Appropriations Act of 2010 (Public Law
111-117) postponed the reductions in the physician fee schedule
through February 2010.
The Temporary Extension Act of 2010 (Public Law 111-144)
postponed the reductions in the physician fee schedule through
March 2010.
The Continuing Extension Act of 2010 (Public Law 111-157)
postponed the reductions in the physician fee schedule through
May 2010.
The Preservation of Access to Care for Medicare
Beneficiaries and Pension Relief Act of 2010 (Public Law 111-
192) postponed the reductions in the physician fee schedule
through November 2010.
The Physician Payment and Therapy Relief Act of 2010
(Public Law 111-286) postponed the reductions in the physician
fee schedule through December 2010.
The Medicare and Medicaid Extenders Act of 2010 (Public Law
111-309) postponed the reductions through the calendar year
2011.
Legislative History
PUBLIC LAW 111-117--THE CONSOLIDATED APPROPRIATIONS ACT OF 2010
On July 22, 2009, H.R. 3288 was introduced in the House by
Rep. Olver of Massachusetts, and referred to the Committee on
Appropriations.
On July 23, 2009, H.R. 3288 passed the House, as amended,
by a rollcall vote of 256-168.
On July 27, 2009, H.R. 3288 was received in the Senate and
referred to the Committee on Appropriations.
On September 17, 2009, H.R. 3288 passed the Senate, as
amended, by a rollcall vote of 73-25.
On December 8, 2009, the House issued a conference report
on H.R. 3288 (Rept. 111-366).
On December 10, 2009, the House agreed to the conference
report by a rollcall vote of 221-202.
On December 13, 2009, the Senate agreed to the conference
report by a rollcall vote of 57-35.
On December 16, 2009, H.R. 3288 was signed by the President
and became Public Law 111-117.
PUBLIC LAW 111-144--THE TEMPORARY EXTENSION ACT OF 2010
On February 25, 2010, H.R. 4691 was introduced in the House
by Rep. Rangel of New York and referred to the Committee on
Ways and Means, and in addition to the Committee on Energy and
Commerce, the Committee on Education and Labor, the Committee
on Transportation and Infrastructure, the Committee on
Financial Services, the Committee on Small Business, the
Committee on the Judiciary, and the Committee on the Budget.
That same day, H.R. 4691 passed the House, under suspension of
the rules, by a voice vote.
On March 2, 2010, H.R. 4691 passed the Senate by a rollcall
vote of 78-19. That same day, H.R. 4691 was signed by the
President and became Public Law 111-144.
PUBLIC LAW 111-157--THE CONTINUING EXTENSION ACT OF 2010
On March 16, 2010, H.R. 4851 was introduced in the House by
Rep. Levin of Michigan and referred to the Committee on Ways
and Means, and in addition to the Committee on Energy and
Commerce, the Committee on Education and Labor, the Committee
on Financial Services, the Committee on the Judiciary, the
Committee on Transportation and Infrastructure, and the
Committee on Oversight and Government Reform.
On March 17, 2010, H.R. 4851 passed the House, as amended,
under suspension of the rules, by a voice vote.
On April 15, 2010, H.R. 4851 passed the Senate, as amended,
by a rollcall vote of 59-38, and passed the House, as amended,
by a rollcall vote of 289-112. That same day, H.R. 4851 was
signed by the President and became Public Law 111-157.
PUBLIC LAW 111-192--THE PRESERVATION OF ACCESS TO CARE FOR MEDICARE
BENEFICIARIES AND PENSION RELIEF ACT OF 2010
On October 29, 2009, H.R. 3962 was introduced in the House
by Rep. Dingell of Michigan and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Education and Labor, the Committee on Ways and Means, the
Committee on Oversight and Government Reform, the Committee on
the Budget, the Committee on Rules, the Committee on Natural
Resources, and the Committee on the Judiciary.
On November 7, 2009, H.R. 3962 passed the House, as
amended, by a rollcall vote of 220-215.
On June 18, 2010, H.R. 3962 passed the Senate, as amended,
by unanimous consent.
On June 24, 2010, H.R. 3962 passed the House, as amended,
under suspension of the rules, by a rollcall vote of 417-1.
On June 25, 2010, H.R. 3962 was signed by the President and
became Public Law 111-192.
PUBLIC LAW 111-286--THE PHYSICIAN PAYMENT AND THERAPY RELIEF ACT OF
2010
On July 13, 2010, H.R. 5712 was introduced in the House by
Rep. Levin of Michigan, and referred to the Committee on Energy
and Commerce, and in addition to the Committee on the Budget,
and the Committee on Ways and Means.
On July 14, 2010, H.R. 5712 passed the House, as amended,
under suspension of the rules, by a voice vote.
On November 18, 2010, H.R. 5712 passed the Senate, as
amended, by unanimous consent.
On November 29, 2010, H.R. 5712 passed the House, as
amended, by a voice vote.
On November 30, 2010, H.R. 5712 was signed by the President
and became Public Law 111-286.
PUBLIC LAW 111-309--THE MEDICARE AND MEDICAID EXTENDERS ACT OF 2010
On April 13, 2010, H.R. 4994 was introduced in the House by
Rep. Lewis of Georgia and referred to the Committee on Ways and
Means, and in addition to the Committee on the Budget.
On April 14, 2010, H.R. 4994 passed the House, as amended,
under suspension of the rules, by a rollcall vote of 399-9.
On April 15, 2010, H.R. 4994 was received in the Senate and
referred to the Committee on Finance.
On December 8, 2010, H.R. 4994 passed the Senate, as
amended, by unanimous consent.
On December 9, 2010, H.R. 4994 passed the House, as
amended, under suspension of the rules, by a rollcall vote of
409-2.
On December 15, 2010, H.R. 4994 was signed into law by the
President and became Public Law 111-309.
PATIENT PROTECTION AND AFFORDABLE CARE ACT
Public Law 111-148 (H.R. 3590, H.R. 3200, H.R. 3962)
To amend the Social Security Act, the Public Health Service
Act, the Internal Revenue Code, and the Employee Retirement
Income Security Act to reform the nation's health care system.
Summary
The nation's historic health reform legislation, now
referred to as the Affordable Care Act (ACA), is the
consolidation of the Patient Protection and Affordable Care Act
(PPACA), P.L. 111-148, as amended by the Health Care and
Education Reconciliation Act of 2010 (HCERA), P.L. 111-152.
According to the Congressional Budget Office, there are
about 50 million Americans without health insurance coverage, a
number projected to grow to 54 million by 2019 in the absence
of health reform. CBO estimates that the ACA will reduce the
number of Americans without health insurance coverage by 32
million by 2019, increasing the percentage of insured non-
elderly Americans from 83% to 94%. The ACA accomplishes this by
establishing a mandate for most residents of the United States
to obtain health insurance; setting up insurance exchanges
through which certain individuals and families can receive
federal subsidies to substantially reduce the cost of
purchasing that coverage; and significantly expanding
eligibility for Medicaid.
The cost of the ACA's coverage expansion over the period of
2010-2019 ($788 billion) is offset by savings resulting from
changes to Medicare, Medicaid, and other federal health
programs ($511 billion) and increases in revenues ($420
billion). As a result, CBO and the Joint Committee on Taxation
estimate that the ACA will reduce federal budget deficits by
$143 billion over the period of 2010-2019. CBO projects that
over the decade following 2019, the ACA will reduce federal
budget deficits by around one-half percent of GDP.
The Patient Protection and Affordable Care Act (PPACA), as
enacted, contains numerous provisions relating to insurance
coverage. Starting in 2014, the law establishes a requirement
for legal U.S. residents to obtain insurance and, in many
cases, imposes a tax penalty on individuals who do not do so.
To ensure that individuals have an opportunity to obtain
insurance, regardless of health status, the law also
establishes new insurance exchanges and subsidizes the purchase
of health insurance through those exchanges for individuals and
families with income between 133% and 400% of the federal
poverty level (FPL). The options available in the insurance
exchanges include private health insurance plans and could
include two national or multi-state plans operated under
contract with the Office of Personnel Management. Participating
insurers will have to accept all applicants, may not limit
coverage for preexisting medical conditions, and may not vary
premiums to reflect differences in enrollees' health.
Also starting in 2014, most nonelderly people with income
below 133% of the FPL will be eligible for Medicaid. The
federal government will pay all of the costs of covering newly
eligible enrollees through 2016; in subsequent years, the
federal share of spending would average about 90% by 2019. To
prevent erosion of coverage, states are required to maintain
their current eligibility levels for all Medicaid beneficiaries
until the exchanges are fully operational. The law extends
funding for the Children's Health Insurance Program (CHIP)
through fiscal year 2015.
PPACA also makes numerous changes to payment rates and
payment rules in Medicare and Medicaid. These include: (1)
permanent reductions in the annual updates to Medicare's
payment rates for most services in the fee-for-service sector
(other than physician's services); (2) the setting of payment
rates in the Medicare Advantage program on the basis of the
average of the bids submitted by MA plans in each market; and
(3) reducing Medicare and Medicaid payments to disproportionate
share (DSH) hospitals that serve a large number of low-income
patients. The law also establishes an Independent Payment
Advisory Board (IPAB) which is required, under certain
circumstances, to recommend changes to the Medicare program to
limit the rate of growth in the program's spending. These
recommendations will go into effect automatically unless
blocked by subsequent legislative action.
PPACA contains 18 separate provisions designed to ensure
the integrity of the Medicare, Medicaid, and CHIP programs. CBO
estimates that these provisions will result in $6.1 billion in
savings to the federal government over the next 10 years. Many
of these provisions reflect recommendations of the HHS Office
of Inspector General for reducing waste, fraud, and abuse in
Medicare, Medicaid, and CHIP.
Legislative History
On July 14, 2009, H.R. 3200, America's Affordable Health
Choices Act, was introduced in the House by Rep. Dingell of
Michigan and referred to the Committee on Energy and Commerce,
and in addition to the Committee on Ways and Means, the
Committee on Education and Labor, the Committee on Oversight
and Government Reform, and the Committee on the Budget.
In the first session of the 111th Congress, the
Subcommittee on Health held five days of oversight hearings
focused on making health care work for American families.
Hearings were held on Tuesday, March 10, 2009; Tuesday, March
17, 2009; Tuesday, March 24, 2009; Tuesday, March 31, 2009; and
Thursday, April 2, 2009.
A Discussion Draft of comprehensive health reform
legislation was circulated by the Committee to the Members of
the Committee and the public on June 19, 2009. The same
Discussion Draft was also issued by the Committee on Ways and
Means and the Committee on Education and Labor.
The Committee on Energy and Commerce and its Subcommittee
on Health held three days of legislative hearings on the
Discussion Draft. Hearings by the Subcommittee on Health were
held on June 23, 24, and 25, 2009. The full Committee held a
hearing on Wednesday, June 24, 2009, to receive testimony from
the Secretary of Health and Human Services, the Hon. Kathleen
Sebelius.
The Committee on Energy and Commerce met in open markup
session on July 17, 2009, July 20, 2009, July 21, 2009, and
July 31, 2009.
On July 31, 2009, the Committee ordered H.R. 3200 favorably
reported to the House, amended, by a rollcall vote of 31-28.
The Committee subsequently met in open markup session on
September 23, 2009, to consider and adopt additional amendments
under a motion to instruct the Chairman of the Committee to
provide additional amendments for the consideration of the
Committee on Rules.
Consideration and markup of H.R. 3200 was also held by
other committees of jurisdiction. The Committee on Ways and
Means met in open markup session on July 16, 2009 and July 17,
2009, and H.R. 3200 was ordered favorably reported, amended, by
a rollcall vote of 23-18. The Committee on Education and Labor
met in open markup session on July 15, 16, and 17, 2009, and
ordered H.R. 3200 favorably reported to the House, amended, by
a rollcall vote of 26-22.
On October 14, 2009, the Committee on Energy and Commerce
filed the House report on H.R. 3200 (H. Rept. 111-299, Part 1).
Reports were also filed by the Committee on Ways and Means (H.
Rept. 111-299, Part 2), and the Committee on Education and
Labor (H. Rept. 111-299, Part 3).
No further action was taken on H.R. 3200 in the 111th
Congress. The bill was superseded first by H.R. 3962, and then
later by H.R. 3590. Certain provisions of this bill were
incorporated into H.R. 3590, which eventually was signed into
law as the Patient Protection and Affordable Care Act.
On October 29, 2009, H.R. 3962, the Preservation of Access
to Care for Medicare Beneficiaries and Pension Relief Act of
2010, was introduced by Rep. Dingell of Michigan and referred
to the Committee on Energy and Commerce, and in addition to the
Committee on Education and Labor, the Committee on Ways and
Means, the Committee on Oversight and Government Reform, the
Committee on the Budget, the Committee on Rules, the Committee
on Natural Resources, and the Committee on the Judiciary.
On November 7, 2009, the House called up H.R. 3962 for
consideration under a rule and the bill was passed, as amended,
by a rollcall vote of 220-215.
On November 11, 2009, the Senate received H.R. 3962 with
the House amendment and placed the bill on the Senate
Legislative Calendar. H.R. 3262 was eventually superseded by
H.R. 3590. (In the second session of the 111th Congress, H.R.
3962 was amended by the Senate as the Preservation of Access to
Care for Medicare Beneficiaries and Pension Relief Act of 2010,
which became Public Law 111-192. Details on that legislation
may be found in this report.)
On December 24, 2009, the Senate considered H.R. 3590 with
an amendment that inserted text to become a companion bill to
H.R. 3962, and also to amend the title as the Patient
Protection and Affordable Care Act. H.R. 3590 was passed by the
Senate as amended by a rollcall vote of 60-39.
On March 21, 2010, the House took up H.R. 3590 with the
Senate amendment. There was a motion to agree to the Senate
amendment to H.R. 3590, which passed by a rollcall vote of 219-
212, clearing the measure for the White House.
On March 23, 2010, H.R. 3590 was signed into law by the
President and became Public Law 111-148.
HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010
Public Law 111-152 (H.R. 4872)
To provide for reconciliation pursuant to Title II of the
concurrent resolution on the budget for fiscal year 2010 (S.
Con. Res. 13).
Summary
The Health Care and Education Reconciliation Act of 2010
(HCERA), P.L. 111-152, contains health-related financing and
revenue changes that amend provisions of the Patient Protection
and Affordable Care Act (PPACA) P.L. 111-148. The health reform
legislation, known as the Affordable Care Act (ACA), is the
consolidation of PPACA as amended by HCERA. HCERA also contains
provisions relating to higher education in the jurisdiction of
the Education and Labor Committee.
The health- and revenue-related provisions of HCERA make a
number of changes to PPACA. These changes include: (1) an
increase in the subsidies for premiums and cost sharing that
will be offered through the new insurance exchanges; (2) an
increase in the penalties for employers that do not offer
health insurance and modifying the penalties for individuals
who do not obtain insurance; (3) a change in eligibility for
Medicaid in a way that effectively increases the income
threshold from 133% to 138% of the federal poverty level (FPL);
(4) an increase in the federal share of spending for certain
newly eligible Medicaid beneficiaries in certain states; (5) a
phase-out of the ``doughnut hole'' in the Medicare Part D
prescription drug benefit; (6) a reduction in overall payments
to Medicare Advantage plans; and (7) a modification in the
design and delay in the implementation of the excise tax on
insurance plans with relatively high premiums.
According to the Congressional Budget Office, HCERA
increased by $25 billion the amount by which PPACA reduced the
federal budget deficit over the period of 2010-2019. In
combination, PPACA and HCERA produce a net reduction in the
federal budget deficit of $143 billion over the period of 2010-
2019 and about one-half percent of GDP over the next decade.
Legislative History
On March 17, 2010, H.R. 4872 was introduced in the House by
Rep. Spratt of South Carolina and referred to the Committee on
the Budget. That same day, the Committee on the Budget reported
H.R. 4872 to the House (H. Rept. 111-443).
On March 21, 2010, H.R. 4872 passed the House by a rollcall
vote of 220-211.
On March 25, 2010, H.R. 4872 passed the Senate, as amended,
by a rollcall vote of 56-43.
On March 25, 2010, H.R. 4872 passed the House, as amended,
by a rollcall vote of 220-207.
On March 30, 2010, H.R. 4872 was signed into law by the
President and became Public Law 111-152.
MEDICARE AND MEDICAID EXTENDERS ACT OF 2010
Public Law 111-309 (H.R. 4994)
To extend certain expiring provisions of the Medicare and
Medicaid programs.
Summary
The Medicare and Medicaid Extenders Act of 2010 extends
certain expiring Medicare and Medicaid provisions through
December 31, 2011, including: (1) current Medicare payment
rates for physicians; (2) the Medicare Modernization Act
section 508 reclassifications; (3) the exceptions process for
Medicare therapy caps; (4) direct payments for the technical
component of certain physician pathology services; (5) the
increased Medicare rates for ambulance services, especially in
rural areas; (6) the five percent increase for certain Medicare
mental health services; (7) the outpatient hold harmless
provision; (8) the ability for hospitals in certain rural areas
to continue to receive reasonable cost reimbursements for
certain clinical diagnostic laboratory tests; (9) the
qualifying individual (QI) program; (10) the Transitional
Medical Assistance (TMA) Program; and (11) the Special Diabetes
Program (SDP).
According to CBO, the law will reduce the deficit by $2.8
billion over the next 10 years. It is paid for by modifying the
policy, under the Affordable Care Act, regarding overpayments
of tax credits provided in the Exchanges to help individuals
afford insurance, beginning in 2014. The law also makes various
clarifying changes and technical corrections.
Legislative History
On April 13, 2010, H.R. 4994 was introduced in the House by
Rep. Lewis of Georgia and referred to the Committee on Ways and
Means and the Committee on the Budget.
On April 14, 2010, H.R. 4994 passed the House, as amended,
under suspension of the rules, by a rollcall vote of 399-9.
On April 15, 2010, H.R. 4994 was received in the Senate and
referred to the Committee on Finance.
On December 8, 2010, H.R. 4994 passed the Senate, as
amended, by unanimous consent.
On December 9, 2010, H.R. 4994 passed the House, as amended
by the Senate, under suspension of the rules, by a rollcall
vote of 409-2.
On December 15, 2010, H.R. 4994 was signed into law by the
President and became Public Law 111-309.
JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT OF 2010
Public Law 111-____ (H.R. 847)
To amend the Public Health Service Act to extend and
improve protections and services to individuals directly
impacted by the terrorist attack in New York City on September
11, 2001.
Summary
The James Zadroga 9/11 Health and Compensation Act of 2010,
establishes the World Trade Center (WTC) Health Program and
extends and expand eligibility for compensation under the
September 11th Victim Compensation Fund (VCF) of 2001. In the
House of Representatives, the WTC Health Program is in the
jurisdiction of the Committee on Energy and Commerce; the VCF
is in the jurisdiction of the Committee on the Judiciary.
The WTC Health Program provides healthcare benefits for an
estimated 65,000 eligible emergency personnel who responded to
the September 11, 2001, terrorist attacks in New York City, the
Pentagon, and Shanksville, Pennsylvania, and for workers who
participated in recovery and cleanup following the attacks. The
Program also provides healthcare benefits for an estimated
25,000 eligible residents and others present in the area of New
York City near the World Trade Center. The federal government
pays 90% of the costs of the Program; New York City pays 10%.
Federal funding for the Program is mandatory and subject to
annual caps. The federal funding for the Program will sunset in
2015.
Funding for the WTC Health Program would be capped at a
total of $1.5 billion through 2015. The Congressional Budget
Office estimates that the total cost of the bill, including
both the Health Program and the VCF, would be $4.2 billion over
the period of 2011-2020. Because of offsetting excise tax and
immigration fee increases, the bill would reduce the federal
budget deficit by $433 million.
Legislative History
On February 4, 2009, H.R. 847 was introduced in the House
by Rep. Maloney of New York and referred to the Committee on
Energy and Commerce and to the Committee on the Judiciary.
On March 31, 2009, the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law
and the Subcommittee on the Constitution, Civil Rights, and
Civil Liberties of the Committee on the Judiciary held
legislative hearings on H.R. 847.
On April 22, 2009, the Subcommittee on Health held a
legislative hearing on H.R. 847.
On July 29, 2009, the Committee on the Judiciary met in
open markup session to consider H.R. 847 and subsequently
ordered the bill favorably reported to the House, as amended,
by a rollcall vote of 22-9.
On March 16, 2010, the Subcommittee on Health met in open
markup session to consider H.R. 847 and subsequently favorably
forwarded H.R. 847 to the full Committee, amended, by a
rollcall vote of 25-8.
On May 25, 2010, the Committee on Energy and Commerce met
in open markup session to consider H.R. 847. The Committee
subsequently ordered H.R. 847 favorably reported to the House,
amended, by a rollcall vote of 33-12.
On July 22, 2010, the Committee on Energy and Commerce
filed the House report on H.R. 847 (H. Rept. 111-560, Part 1).
That same day, the Committee on the Judiciary filed a House
report on H.R. 847 (H. Rept. 111-560, Part 2).
On July 29, 2010, the House voted on H.R. 847, as amended,
under suspension of the rules, by a rollcall vote of 225-159,
but it failed to pass the House due to receiving less than two-
thirds of those voting in favor of the legislation.
On September 29, 2010, the House passed H.R. 847 under a
rule, as amended, by a rollcall vote of 368-160.
On December 22, 2010, the Senate passed H.R. 847 with an
amendment by unanimous consent.
On December 22, 2010, the House agreed to the Senate
amendment to H.R. 847 by a rollcall vote of 206-60, clearing
the measure for the White House.
On December 23, 2010, H.R. 847 was presented to the
President.
On January 2, 2011, H.R. 847 was signed into law by the
President and became Public Law 111-____.
(Public Law number was not available at the time this
report was filed.)
OMNIBUS TRADE ACT OF 2010
Public Law 111-____ (H.R. 6517)
To extend trade adjustment assistance and certain trade
preference programs, to amend the Harmonized Tariff Schedule of
the United States to modify temporarily certain rates of duty,
and for other purposes.
Summary
Provisions under the jurisdiction of the Committee on
Energy and Commerce include changes to the Public Health
Service Act (PHSA) to extend until July 1, 2012, the trade
adjustment assistance (TAA) pre-certification period rule
disregarding any 63-day lapse in creditable health care
coverage for TAA workers.
Legislative History
H.R. 6517 was introduced in the House by Rep. Levin of
Michigan on December 13, 2010, and referred to the Committee on
Ways and Means, and in addition to the Committee on Education
and Labor, and the Committee on Energy and Commerce.
On December 14, 2010, the House agreed to a motion to
suspend the rules and pass H.R. 6517, as amended, by a voice
vote.
On December 16, 2010, the Senate received H.R. 6517 as
amended by the House.
On December 22, 2010, the Senate passed H.R. 6517 with an
amendment by unanimous consent.
On December 22, 2010, the House agreed to the Senate
amendment to H.R. 6517 by unanimous consent, clearing the
measure for the White House.
On December 29, 2010, H.R. 6517 was signed into law by the
President and became Public Law 111-____. (Public Law number
was not assigned when this report was filed.)
HEALTH INSURANCE RESTRICTIONS AND LIMITATIONS CLARIFICATION ACT OF 2009
(H.R. 1253)
To require that limitations and restrictions on coverage
under group health plans be timely disclosed to group health
plan sponsors and timely communicated to participants and
beneficiaries under such plans in a form that is easily
understandable.
Summary
H.R. 1253, the Health Insurance Restrictions and
Limitations Clarification Act of 2009, would amend the Employee
Retirement Income Security Act (ERISA), the Public Health
Service Act, and the Internal Revenue Code to require that,
with regard to limitations on benefits for individuals enrolled
in the plan: (1) the limitations are explicit and clear; (2)
the limitations have been disclosed to the plan sponsor in
writing in advance of sale; and (3) the plan sponsor provides a
description of the limitations and restrictions to participants
and beneficiaries in an easily understandable form before
enrollment, and upon enrollment.
In the 110th Congress, H.R. 6908, the Health Insurance
Restrictions and Limitation Clarification Act, introduced by
Rep. Burgess of Texas, passed the House. H.R. 1253 is the same
version as H.R. 6908 as passed by the House.
Legislative Summary
On March 3, 2009, H.R. 1253 was introduced by Rep. Burgess
of Texas and referred to the Committee on Energy and Commerce,
and in addition to the Committee on Ways and Means and the
Committee on Education and Labor.
On March 3, 2009, the Committee on Energy and Commerce met
in open markup session and H.R. 1253 was ordered favorably
reported to the House by a voice vote.
On March 30, 2009, the Committee on Energy and Commerce
reported H.R. 1253 to the House (H. Rept. 111-62, Part I).
On March 31, 2009, H.R. 1253 passed the House, under
suspension of the rules, with a rollcall vote of 422-3.
On April 1, 2009, H.R. 1253 was received in the Senate and
referred to the Committee on Health, Education, Labor, and
Pensions.
No further action was taken on H.R. 1253 in the 111th
Congress.
HEALTH CARE PRICE TRANSPARENCY PROMOTION ACT OF 2009
(H.R. 2249)
To amend title XIX of the Social Security Act to provide
for increased price transparency of hospital information and to
provide for additional research on consumer information on
charges and out-of-pocket costs.
Summary
H.R. 2249, the Health Care Price Transparency Promotion Act
of 2009, would amend Title XIX (Medicaid) of the Social
Security Act to require state Medicaid plans to provide that
the state will establish and maintain laws to require
disclosure of information on hospital charges, to make such
information available to the public, and to provide individuals
with information about estimated out-of-pocket costs for health
care services.
The legislation would require the Director of the Agency
for Healthcare Research and Quality to research and report to
Congress on: (1) information on health care costs and out-of-
pocket charges that individuals find useful in making decisions
about where, when, and from whom to receive such care; (2) how
such information varies depending on whether or not patients
have health benefits coverage, or what kind of coverage they
have; and (3) how such information may be made available, on a
timely basis and in easy-to-understand form, to individuals
facing health care decisions.
Legislative History
On May 5, 2009, H.R. 2249 was introduced by Rep. Burgess of
Texas and referred to the Committee on Energy and Commerce.
On May 6, 2010, the Subcommittee on Health held a
legislative hearing to consider H.R. 2249.
No further action was taken on H.R. 2249 in the 111th
Congress.
ELIMINATING DISPARITIES IN BREAST CANCER TREATMENT ACT OF 2009
(H.R. 2279)
To amend title XVIII of the Social Security Act to
eliminate contributing factors to disparities in breast cancer
treatment through the development of a uniform set of
consensus-based breast cancer treatment performance measures
for a 6-year quality reporting system and value-based
purchasing system under the Medicare Program.
Summary
H.R. 2279, the Eliminating Disparities in Breast Cancer
Treatment Act of 2009, would amend Title XVII (Medicare) of the
Social Security Act to direct the Secretary of HHS to establish
a breast cancer treatment quality performance system. This
system would function to assess and disclose publicly, through
the use of quality measures, the quality of care provided for
the treatment of breast cancer by specified health care
providers. In addition, beginning October 1, 2013, it would
serve as the basis of the payment system to these providers for
such treatment based on their performance with respect to such
measures. The legislation would require reduced payments to
providers that either do not submit data in accordance with the
reporting process in the system, or furnish low quality care
for women with breast cancer.
Legislative History
On May 6, 2009, H.R. 2279 was introduced by Rep. Castor of
Florida and referred to the Committee on Ways and Means, and in
addition to the Committee on Energy and Commerce.
On May 7, 2009, H.R. 2279 was referred to the Subcommittee
on Health.
On October 8, 2009, the Subcommittee on Health held a
legislative hearing to discuss H.R. 2279.
No further action was taken on H.R. 2279 in the 111th
Congress.
INDIAN HEALTH CARE IMPROVEMENT ACT AMENDMENTS OF 2009
(H.R. 2708)
To amend the Indian Health Care Improvement Act to revise
and extend that Act, and for other purposes.
Summary
H.R. 2708, the Indian Health Care Improvement Act
Amendments of 2009, would revise and extend the Indian Health
Care Improvement Act (P.L. 94-437) through fiscal year 2025.
The bill would authorize programs relating to Indian health
workforce, the delivery of health services, facilities
construction and modernization, access to health services,
urban Indians, behavioral health programs, and the Native
American Health and Wellness Foundation. The bill would also
make changes in the Medicare, Medicaid, and the Child Health
Insurance (CHIP) programs to improve coverage of, and payment
for, health services to Native Americans who are eligible for
such programs.
Legislative History
On June 4, 2009, H.R. 2708 was introduced by Rep. Pallone
of New Jersey and referred to the Committee on National
Resources, and in addition to the Committee on Energy and
Commerce and the Committee on Ways and Means.
On June 25, 2009, the Committee on Natural Resources of the
Committee on Natural Resources held a hearing to consider H.R.
2708.
On October 20, 2009, the Subcommittee on Health held a
legislative hearing to consider H.R. 2708.
No further action was taken on H.R. 2708 in the 111th
Congress, although provisions of the legislation were included
in the Patient Protection and Affordable Care Act (Public Law
111-148).
MEDICARE PREMIUM FAIRNESS ACT
(H.R. 3631)
To amend title XVIII to provide for the application of a
consistent Medicare part B premium for all Medicare
beneficiaries in a budget neutral manner for 2010.
Summary
H.R. 3631, the Medicare Premium Fairness Act, would amend
title XVIII (Medicare) of the Social Security Act (SSA) with
respect to the part B (Supplementary Medical Insurance Benefits
for Aged and Disabled) premium for 2010. This legislation would
make such a premium, and the related monthly actuarial rate,
the same as those for 2009.
H.R. 3631 would require transfer from the Treasury general
fund to the Federal Supplementary Medical Insurance Trust Fund
of an amount estimated to be equivalent to the aggregate
reduction in part B premiums resulting from application of this
Act. The legislation would revise the formula for funding the
Medicare Improvement Fund (MIF) to reduce (offset) the amount
available to the MIF for fiscal year 2014 by the transferred
amount plus $567 million. H.R. 3631 would also make $567
million the amount available to the MIF for fiscal year 2015.
Legislative History
On September 23, 2009, H.R. 3631 was introduced by Rep.
Titus of Nevada and referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means.
On September 24, 2009, H.R. 3631 was referred to the
Subcommittee on Health.
On September 24, 2009, H.R. 3631 passed the House, under
suspension of the rules, by a rollcall vote of 406-18.
On September 25, 2009, H.R. 3631 was received in the
Senate, read twice, and referred to the Committee on Finance.
No further action was taken on H.R. 3631 in the 111th
Congress.
TRANSPARENCY IN ALL HEALTH CARE PRICING ACT OF 2010
(H.R. 4700)
To provide for transparency in health care pricing, and for
other purposes.
Summary
H.R. 4700, the Transparency in All Health Care Pricing Act
of 2010, would require all individuals and business entities,
including hospitals, physicians, nurses, pharmacies,
pharmaceutical manufacturers, dentists, and the insurance
entities that offer or furnish health care-related items,
products, services, or procedures (as defined by the Secretary
of HHS), to publicly disclose, on a continuous basis, all
prices for such items, products, services, or procedures. The
bill would authorize the Secretary of HHS to impose penalties
on individuals or entities that fail to comply with the
disclosure requirements.
Legislative History
On February 25, 2010, H.R. 4700 was introduced by Rep.
Kagen of Wisconsin and referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means,
and the Committee on Oversight and Government Reform.
On May 6, 2010, the Subcommittee on Health held a
legislative hearing to consider H.R. 4700.
No further action was taken on H.R. 4700 in the 111th
Congress.
PATIENTS' RIGHT TO KNOW ACT
(H.R. 4803)
To ensure health care consumer and provider access to
certain health benefits plan information and to amend title XIX
of the Social Security Act to provide transparency in hospital
price and quality information.
Summary
H.R. 4803, the Patients' Right to Know Act, would require
each entity offering a health benefits plan to make available
to enrollees and potential enrollees specified information
about the plan, including covered items and services, a list of
limitations and restrictions, details about the claims appeal
process and out-of-pocket cost-sharing, among other things.
H.R. 4803 would amend Title XIX (Medicaid) of the Social
Security Act to require state Medicaid plans to provide that
the state will establish and maintain laws to require
disclosure, to the public and to the Secretary of HHS of
information on the prices for and quality of certain services
at hospitals and ambulatory surgical centers.
Legislative History
On March 10, 2010, H.R. 4803 was introduced by Rep. Barton
of Texas and referred to the Committee on Energy and Commerce,
and in addition to the Committee on Ways and Means, and the
Committee on Oversight and Government Reform.
On March 11, 2010, H.R. 4803 was referred to the
Subcommittee on Health.
On May 6, 2010, the Subcommittee on Health held a
legislative hearing on H.R. 4803.
No further action was taken on H.R. 4803 in the 111th
Congress.
DIRECTING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO TRANSMIT TO THE
HOUSE OF REPRESENTATIVES COPIES OF EACH PORTION OF ANY DOCUMENT,
RECORD, OR COMMUNICATION IN HER POSSESSION CONSISTING OF OR RELATING TO
DOCUMENTS PREPARED BY OR FOR THE CENTERS FOR MEDICARE & MEDICAID
SERVICES REGARDING THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, AND
FOR OTHER PURPOSES
(H. Res. 1561)
Summary
H. Res. 1561 would direct the Secretary of HHS to transmit
to the House of Representatives copies of each portion of any
document, record, or communication in the Secretary's
possession consisting of, referring to, or relating to any of
the following: (1) documents prepared by or for the Centers for
Medicare & Medicaid Services Office of the Actuary regarding
the Patient Protection and Affordable Care Act or the Health
Care and Education Reconciliation Act of 2010; (2)
communications between any officer or employee of such Office
and any person not an officer or employee of such Office
regarding data sources, assumptions, or methodologies use for
purposes of any such document; (3) communications to or from
any officer or employee of the Congressional Budget Office
(CBO) relating to any such document; and (4) communications to
or from any HHS officer or employee relating to the April 22,
2010, report of the Chief Actuary Richard S. Foster entitled
``Estimated Financial Effects of the Patient Protection and
Affordable Care Act, as Amended,'' the report's impact on
passage of either of these Acts, or the timing of the release
of such report.
Legislative History
On July 27, 2010, H. Res. 1561 was introduced by Rep.
Burgess of Texas and referred to the Committee on Energy and
Commerce.
On July 28, 2010, H. Res. 1561 was referred to the
Subcommittee on Health.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session and H. Res. 1561 was ordered
reported without a recommendation by a rollcall vote of 26-17.
On September 29, 2010, the Committee on Energy and Commerce
reported H. Res. 1561 to the House (H. Rept. 111-649). That
same day H. Res. 1561 was placed on the House Calendar.
No further action was taken on H. Res. 1561 in the 111th
Congress.
Public Health
Oversight Activities
HOW DO WE FIX THE AILING FOOD SYSTEM?
On March 11, 2009, the Subcommittee on Health held an
oversight hearing to explore the ability of FDA to oversee the
safety of the nation's food supply. The Subcommittee received
testimony from representatives of the Center for Science in the
Public Interest, the Alliance for a Stronger FDA, the United
Fresh Produce Association, Fresh Express, and an academic
expert.
SWINE FLU OUTBREAK AND THE U.S. FEDERAL RESPONSE
On April 30, 2009, the Subcommittee on Health held an
oversight hearing to examine the outbreak of swine flu and the
next steps for a federal response by HHS. The committee
received testimony from the Assistant Secretary for
Preparedness and Response and from representatives of the
Centers for Disease Control and Prevention and the Food and
Drug Administration.
EMERGING HEALTH CARE ISSUES: FOLLOW-ON BIOLOGIC DRUG COMPETITION
On June 11, 2009, the Subcommittee on Health held an
oversight hearing on a report of the Federal Trade Commission
titled ``Emerging Health Care Issues: Follow-On Biologic Drug
Competition.'' The Subcommittee received testimony from the
Commissioner of the Federal Trade Commission.
MEDICAL DEVICES: ARE CURRENT REGULATIONS DOING ENOUGH FOR PATIENTS?
On June 18, 2009, the Subcommittee on Health held an
oversight hearing to examine the regulation of medical devices
by FDA. The Subcommittee received testimony from
representatives of the Government Accountability Office, the
Medical Device Safety Institute, the Public Citizen's Health
Research Group, and an independent consultant.
H1N1 PREPAREDNESS: AN UPDATE OF VACCINE PRODUCTION AND DISTRIBUTION
On November 18, 2009, the Subcommittee on Health held a
joint oversight hearing with the Subcommittee on Oversight and
Investigations, to examine the response to the H1N1 influenza
pandemic. The Subcommittee received testimony from
representatives of the Department of Health and Human Services,
the Food and Drug Administration, the National Center for
Immunization and Respiratory Diseases at the Centers for
Disease Control and Prevention, the Texas Department of State
Health Services, Trust for America's Health, CSL Biotherapies,
Novartis Vaccines USA, MedImmune, and Sanofi Pasteur.
BREAST CANCER SCREENING RECOMMENDATIONS
On December 2, 2009, the Subcommittee on Health held an
oversight hearing to examine the U.S. Preventive Services Task
Force's updated recommendations on mammography use that were
issued in November 2009. The Subcommittee received testimony
from the Chair and Vice Chair of the U.S. Preventive Services
Task Force, and representatives of the American Cancer Society,
the Susan G. Komen for the Cure Advocacy Alliance, the American
College of Physicians' Clinical Assessment Efficacy
Subcommittee, and the National Breast Cancer Coalition.
PRESCRIPTION DRUG PRICE INFLATION: ARE PRICES RISING TOO FAST
On December 8, 2009, the Subcommittee on Health held an
oversight hearing to examine the rapid price increases for
brand-name prescription drugs. The Subcommittee received
testimony from representatives of the Pharmaceutical Research
and Manufacturers of America (PhRMA), Families USA, AARP, and
two academic experts.
INNOVATIONS IN ADDRESSING CHILDHOOD OBESITY
On December 16, 2009, the Subcommittee on Health held an
oversight hearing to examine innovative strategies to reduce
obesity among children and adolescents. The Subcommittee
received testimony from representatives of the Centers for
Disease Control and Prevention, the Eunice Kennedy Shriver
National Institute of Child Health and Human Development at the
National Institutes of Health, the Jaws Youth Fund, the
American Academy of Pediatrics, The Reinvestment Fund, the
Grocery Manufacturers Association, and the Robert Wood Johnson
Foundation.
MEDICAL RADIATION: AN OVERVIEW OF THE ISSUES
On February 26, 2010, the Subcommittee on Health held an
oversight hearing to explore the benefits and risks of the use
of radiation in medicine. The Subcommittee received testimony
from individuals with experience with radiation therapy,
academic experts, and representatives of the American Society
for Radiation Oncology, the American Association of Physicists
in Medicine, the American Society of Radiologic Technologists,
the American College of Radiology, the VA New Jersey Health
Care System, the Medical Imaging Technology Alliance, and
Medicalis, Inc.
DRUG SAFETY: AN UPDATE FROM THE FOOD AND DRUG ADMINISTRATION
On March 10, 2010, the Subcommittee on Health held an
oversight hearing on drug safety issues and FDA response to
such issues. The Subcommittee received testimony from the
Principal Deputy Commissioner of the FDA.
THE NATIONAL CANCER INSTITUTE'S CANCER RESEARCH: TODAY'S PROGRESS,
TOMORROW'S CHALLENGES
On March 23, 2010, the Subcommittee on Health held an
oversight hearing to examine cancer research efforts of the
National Cancer Institute (NCI). The Subcommittee received
testimony from representatives of NCI, the Cancer Institute of
New Jersey, the Pancreatic Cancer Action Network, Friends of
Cancer Research, and a family member of a cancer patient.
SMOKELESS TOBACCO: IMPACT ON THE HEALTH OF OUR NATION'S YOUTH AND USE
IN MAJOR LEAGUE BASEBALL
On April 14, 2010, the Subcommittee on Health held an
oversight hearing on smokeless tobacco. The Subcommittee
received testimony from the Executive Vice President of Labor
Relations and Human Resources for Major League Baseball, the
Chief Labor Counsel for the Major League Baseball Players
Association, users of smokeless tobacco, an academic expert,
and representatives of the Office on Smoking and Health at the
Centers for Disease Control and Prevention and the National
Cancer Institute.
THE ENVIRONMENT AND HUMAN HEALTH: THE ROLE OF THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES
On April 22, 2010, the Subcommittee on Health held an
oversight hearing on the environment and human health and the
work of HHS in studying, tracking, and addressing the effects
of environmental factors on human health and illness. The
Subcommittee received testimony from representatives of the
National Institute of Environmental Health Sciences and the
National Toxicology Program, and the National Center for
Environmental Health and the Agency for Toxic Substances and
Disease Registry.
ANTIBIOTIC RESISTANCE AND THE THREAT TO PUBLIC HEALTH
On April 28, 2010, the Subcommittee on Health held an
oversight hearing on antibiotics and antibiotic resistance. The
Subcommittee received testimony from representatives of CDC and
the National Institute of Allergy and Infectious Diseases at
the National Institutes of Health.
PREMATURITY AND INFANT MORTALITY: WHAT HAPPENS WHEN BABIES ARE BORN TOO
EARLY?
On May 12, 2010, the Subcommittee on Health held an
oversight hearing on premature births and infant mortality. The
Subcommittee received testimony from representatives of the
Maternal and Infant Health Branch of the Division of
Reproductive Health at the National Center for Chronic Disease
Prevention and Health Promotion at CDC, the Pregnancy and
Perinatology Branch of the National Institute of Child Health
and Human Development at NIH, the March of Dimes Foundation,
the USF College of Public Health, and the American Enterprise
Institute for Public Policy Research.
EFFECTS OF DEVELOPMENTS IN SYNTHETIC GENOMICS
On May 27, 2010, the Subcommittee on Health held a joint
oversight hearing with the Subcommittee on Energy and
Environment on the effects of developments in synthetic
genomics. The Subcommittees received testimony from
representatives of the National Institute of Allergy and
Infectious Diseases of the National Institutes of Health, the
J. Craig Venter Institute, the Lawrence Berkley National
Laboratory, The Hastings Center, and an academic expert.
PROMOTING THE DEVELOPMENT OF ANTIBIOTICS AND ENSURING JUDICIOUS USE IN
HUMANS
On June 9, 2010, the Subcommittee on Health held an
oversight hearing on the availability and appropriate use of
antibiotics. The Subcommittee received testimony from
representatives of the Center for Drug Evaluation and Research
at the Food and Drug Administration, Biomedical Advanced
Research and Development Authority at HHS, the Infectious
Diseases Society of America Antimicrobial Availability Task
Force, the American Medical Association Council on Science and
Public Health, the American Academy of Pediatrics, Cubist
Pharmaceuticals, and Trust for America's Health.
THE NATIONAL INSTITUTES OF HEALTH IN THE 21ST CENTURY: THE DIRECTOR'S
PERSPECTIVE
On June 15, 2010, the Subcommittee on Health held an
oversight hearing on programs and activities at NIH. The
Subcommittee received testimony from the Director of the
National Institutes of Health.
DEPARTMENT OF HEALTH AND HUMAN SERVICES' ACTIONS TO IDENTIFY AND
ADDRESS THE HEALTH EFFECTS OF THE BP OIL SPILL
On June 16, 2010, the Subcommittee on Health held an
oversight hearing on the Deepwater Horizon Oil Spill. The
Subcommittee received testimony from representatives of the
National Institute of Occupational Safety and Health, FDA, the
Office of the Assistant Secretary for Preparedness and
Response, and the National Institute of Environmental Health
Sciences at NIH.
THE BATTLE AGAINST DIABETES: PROGRESS MADE, CHALLENGES UNMET
On July 1, 2010, the Subcommittee on Health held an
oversight hearing on diabetes. The Subcommittee received
testimony from representatives of the Division of Diabetes
Translation at CDC, and the Division of Diabetes,
Endocrinology, and Metabolic Diseases at the National Institute
of Diabetes and Digestive and Kidney Diseases, the Juvenile
Diabetes Research Foundation, the American Diabetes
Association, and the National Indian Health Board.
ANTIBIOTIC RESISTANCE AND THE USE OF ANTIBIOTICS IN ANIMAL AGRICULTURE
On July 14, 2010, the Subcommittee on Health held an
oversight hearing on the use of antibiotics in food-producing
animals and the impact of this use on human health. The
Subcommittee received testimony from representatives of FDA;
the Animal and Plant Health Inspection Service at the United
States Department of Agriculture; the National Center for
Emerging and Zoonotic Infectious Disease at the Centers for
Disease Control and Prevention; the Division of Chemical Food
Safety, Animal Welfare and Veterinary Medicinal Products at the
Danish Veterinary and Food Administration; the Human Health and
Industrial Farming Campaign of the Pew Charitable Trusts, the
American Veterinary Medical Association, the Animal Health
Institute, and three academic experts.
ALZHEIMER'S DISEASE: THE ONGOING CHALLENGES
On December 9, 2010, the Subcommittee on Health held an
oversight hearing on Alzheimer's disease. The Subcommittee
received testimony from representatives of the National
Institute of Aging at the National Institutes of Health, the
Alzheimer's Association, the Alzheimer's Foundation of America,
and the Coalition Against Major Disease at the Critical Path
Institute.
Health Finance
Oversight Activities
MAKING HEALTH CARE WORK FOR AMERICAN FAMILIES: DESIGNING A HIGH
PERFORMANCE HEALTH SYSTEM
On March 10, 2009, the Subcommittee on Health held an
oversight hearing to explore how the United States should build
a high-performance health care system. This was the first of a
series of hearings in the 111th Congress on health reform. The
Subcommittee received testimony from the Secretary of the
Louisiana Department of Health and Hospitals, and
representatives of the Center for Science in the Public
Interest, the Medicare Payment Advisory Commission (MedPAC),
the Institute of Medicine, the Medical Association of Georgia,
and an academic expert.
MAKING HEALTH CARE WORK FOR AMERICAN FAMILIES: ENSURING AFFORDABLE
COVERAGE
On March 17, 2009, the Subcommittee on Health held an
oversight hearing to explore why health insurance premiums
continue to outpace wage growth. This was the second of a
series of hearings on health reform. The Subcommittee received
testimony from the Superintendent of Insurance for the State of
Maine Bureau of Insurance, and representatives of the Center
for American Progress Action Fund, Pacific Research Institute,
the Commonwealth Health Insurance Connector Authority, the
Heritage Foundation, and three academic experts.
MAKING HEALTH CARE WORK FOR AMERICAN FAMILIES: IMPROVING ACCESS TO CARE
On March 24, 2009, the Subcommittee on Health held an
oversight hearing to explore how to improve individual access
to health care. This was the third of a series of hearings on
health reform in the 111th Congress. The Subcommittee received
testimony from representatives of the Joint Center for
Political and Economic Studies, the McFarland Clinic PC, the
Robert Wood Johnson Foundation, the Kaiser Commission on
Medicaid and the Uninsured, and an academic expert.
MAKING HEALTH CARE WORK FOR AMERICAN FAMILIES: THE ROLE OF PUBLIC
HEALTH
On March 31, 2009, the Subcommittee on Health held an
oversight hearing on the role of public health in health
reform. This was the fourth of a series of hearings in the
111th Congress on health reform. The Subcommittee received
testimony from the Commissioner of the New Jersey Department of
Health and Senior Services, the former U.S. Surgeon General and
Director of the Satcher Health Leadership Institute at the
Morehouse School of Medicine, and representatives of the Agency
for Toxic Substances and Disease Registry at the Centers for
Disease Control and Prevention, the L.A. County Department of
Public Health, the Mount Auburn Cambridge Independent
Physician's Association, the National Center for Policy
Analysis, and Trust for America's Health.
MAKING HEALTH CARE WORK FOR AMERICAN FAMILIES: SAVING MONEY, SAVING
LIVES
On April 2, 2009, the Subcommittee on Health held an
oversight hearing to explore the ways to make health care more
affordable for American families. This was the 5th in a series
of hearings in the 111th Congress on health reform. The
Subcommittee received testimony from representatives of the
American Board of Internal Medicine and ABIM Foundation, the
National Center for Policy Analysis, Pen Bay Physicians and
Associates, the Heritage Foundation, the Center for Studying
Health System Change, the Center for Health Transformation, the
Institute for America's Future, and three academic experts.
THE PRESIDENT'S FISCAL YEAR 2011 BUDGET FOR THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES
On February 4, 2010, the Committee on Energy and Commerce
held an oversight hearing on the President's fiscal year 2011
budget for the Department of Health and Human Services (HHS).
The Committee received testimony from the Secretary of HHS.
THE MEDICARE PAYMENT ADVISORY COMMISSION'S JUNE 2010 REPORT TO
CONGRESS: ALIGNING INCENTIVES IN MEDICARE
On June 23, 2010, the Subcommittee on Health held an
oversight hearing on the Medicare Payment Advisory Commission's
(MedPAC) June 2010 report to Congress. The Subcommittee
received testimony from the Chairman of MedPAC.
MEDICARE'S COMPETITIVE BIDDING PROGRAM FOR DURABLE MEDICAL EQUIPMENT:
IMPLICATIONS FOR QUALITY, COST, AND ACCESS
On September 15, 2010, the Subcommittee on Health held an
oversight hearing on Medicare's competitive bidding program for
durable medical equipment. The Subcommittee received testimony
from the Inspector General of HHS, representatives of the
Centers for Medicare & Medicaid Services, the Government
Accountability Office, Allcare Medical, Center for Medicare
Advocacy, the Henry Ford Health System, and a health policy
consultant.
CUTTING WASTE, FRAUD, AND ABUSE IN MEDICARE AND MEDICAID
On September 22, 2010, the Subcommittee on Health held an
oversight hearing to explore how HHS is using available
statutory tools to reduce waste, fraud, and abuse in Medicare
and Medicaid programs. The Subcommittee received testimony from
two members of Congress, the Inspector General of HHS, and the
Centers for Medicare & Medicaid Services at HHS.
HEARINGS HELD
Making Health Care Work for American Families: Designing a
High Performing Healthcare System (Day 1)--Oversight hearing on
key health reform issues. Hearing held on March 10, 2009.
PRINTED, Serial No. 111-11.
How Do We Fix Our Ailing Food Safety System?--Oversight
hearing on the safety of the nation's food supply. Hearing held
on March 11, 2009. PRINTED, Serial No. 111-12.
Making Health Care Work for American Families: Ensuring
Affordable Coverage (Day 2)--Oversight hearing on key health
reform issues. Hearing held on March 17, 2009. PRINTED, Serial
No. 111-16.
Making Health Care Work for American Families: Improving
Access to Care (Day 3)--Oversight hearing on key health reform
issues. Hearing held on March 24, 2009. PRINTED, Serial No.
111-20.
Making Health Care Work for American Families: Protecting
the Public Health (Day 4)--Oversight hearing on key health
reform issues. Hearing held on March 31, 2009. PRINTED, Serial
No. 111-24.
Making Health Care Work for American Families: Bending the
Cost Curve (Day 5)--Oversight hearing on key health reform
issues. Hearing held on April 2, 2009. PRINTED, Serial No. 111-
27.
H.R. 847, the James Zadroga 9/11 Health and Compensation
Act of 2009--Hearing on the James Zadroga 9/11 Health and
Compensation Act. Hearing held on April 22, 2009. PRINTED,
Serial No. 111-30.
Swine Flu Outbreak and the U.S. Federal Response--Oversight
hearing to examine the outbreak of swine flu and the next steps
for a federal response by the Department of Health and Human
Services (HHS). Hearing held on April 30, 2009. PRINTED, Serial
No. 111-33.
H.R. 1346, the Medical Device Safety Act of 2009--Hearing
on the Medical Device Safety Act. Hearing held on May 12, 2009.
PRINTED, Serial No. 111-39.
Food Safety Enhancement Act of 2009 Discussion Draft--
Hearing on the Food Safety Enhancement Act discussion draft
legislation. Hearing held on June 3, 2009. PRINTED, Serial No.
111-41.
Emerging Health Care Issues: Follow-On Biologic Drug
Competition--Oversight hearing on a report of the Federal Trade
Commission on biologic drugs. Hearing held on June 11, 2009.
PRINTED, Serial No. 111-46.
Medical Devices: Are Current Regulations Doing Enough for
Patients?--Oversight hearing on the regulation of medical
devices by the Food and Drug Administration (FDA). Hearing held
on June 18, 2009. PRINTED, Serial No. 111-52.
Health Care Reform (Draft Legislative Proposal)--Hearing on
the proposed health care reform draft legislation. Hearing held
on June 23, 2009-June 25, 2009. PRINTED, Serial No. 111-54.
Ryan White Extension Act of 2009--Hearing on Ryan White
CARE Act discussion draft legislation. Hearing held on
September 9, 2009. PRINTED, Serial No. 111-60.
H.R. 995, the Mammogram and MRI Availability Act of 2009,
H.R. 1691, the Breast Cancer Patient Protection Act of 2009,
H.R. 1740, the Breast Cancer Education and Awareness Requires
Learning Young Act of 2009, and H.R. 2279, the Eliminating
Disparities in Breast Cancer Treatment Act of 2009--Hearing on
four bills related to breast cancer prevention, research,
treatment, and quality of care. Hearing held on October 7,
2009. PRINTED, Serial No. 111-69.
H.R. 2708, the Indian Health Care Improvement Act
Amendments of 2009--Hearing on the Indian Heath Care
Improvement Act Amendments. Hearing held on October 20, 2009.
PRINTED, Serial No. 111-74.
H1N1 Preparedness: An Overview of Vaccine Production and
Distribution--Oversight hearing on the response to the H1N1
influenza pandemic. Hearing held jointly with the Subcommittee
on Oversight and Investigations on November 18, 2009. PRINTED,
Serial No. 111-82.
Breast Cancer Screening Recommendations--Oversight hearing
on the updated breast cancer recommendations that were issued
by the U.S. Preventive Services Task Force on Monday, November
16, 2009. Hearing held on December 2, 2009. PRINTED, Serial No.
111-85.
Prescription Drug Price Inflation: Are Prices Rising Too
Fast?--Oversight hearing on recent reports of rapid price
increases for brand-name prescription drugs. Hearing held on
December 8, 2009. PRINTED, Serial No. 111-87.
Innovations in Addressing Childhood Obesity--Oversight
hearing on innovative strategies to reduce obesity among
children and adolescents. Hearing held on December 16, 2009.
PRINTED, Serial No. 111-90.
Medical Radiation: An Overview of the Issues--Oversight
hearing on the benefits and risks of the use of radiation in
medicine. Hearing held on February 26, 2010. PRINTED, Serial
No. 111-100.
Drug Safety: An Update from the FDA--Oversight hearing on
drug safety issues, and the Food and Drug Administration (FDA)
response to such issues. Hearing held on March 10, 2010.
PRINTED, Serial No. 111-103.
NCI Cancer Research: Today's Progress; Tomorrow's
Challenges--Oversight hearing on the National Cancer
Institute's (NCI) cancer research efforts. Hearing held on
March 23, 2010. PRINTED, Serial No. 111-108.
Smokeless Tobacco: Impact on the Health of our Nation's
Youth and Use in Major League Baseball--Oversight hearing on
smokeless tobacco products, diseases linked to the use of these
products, and the correlation between smokeless tobacco use by
youth and Major League Baseball players. Hearing held on April
14, 2010. PRINTED, Serial No. 111-110.
The Environment and Human Health: The Role of HHS--
Oversight hearing on the environment and human health and the
work of the Department of Health and Human Services (HHS).
Hearing held on April 22, 2010. PRINTED, Serial No. 111-112.
Antibiotic Resistance and the Threat to Public Health--
Oversight hearing on antibiotics and antibiotic resistance.
Hearing held on April 28, 2010. PRINTED, Serial No. 111-115.
H.R. 4700, the Transparency in All Health Care Pricing Act
of 2010; H.R. 2249, the Health Care Price Transparency
Promotion Act of 2009; and H.R. 4803, the Patients' Right to
Know Act--Hearing on three bills related to transparency in
health care. Hearing held on May 6, 2010. PRINTED, Serial No.
111-119.
Prematurity and Infant Mortality: What Happens When Babies
Are Born Too Early?--Oversight on premature births and infant
mortality. Hearing held on May 12, 2010. PRINTED, Serial No.
111-121.
Promoting the Development of Antibiotics and Ensuring
Judicious Use in Humans--Oversight hearing on the availability
and appropriate use of antibiotics. Hearing held on June 9,
2010. PRINTED, Serial No. 111-130.
NIH in the 21st Century: The Director's Perspective--
Oversight hearing on programs and activities at the National
Institutes of Health (NIH). Hearing held on June 15, 2010.
PRINTED, Serial No. 111-133.
HHS Actions to Identify and Address Health Effects of the
BP Oil Spill--Oversight hearing on the response of the
Department of Health and Human Services (HHS) to the public
health risks associated with the Deepwater Horizon Oil Spill.
Hearing held on June 16, 2010. PRINTED, Serial No. 111-135.
MedPAC's June 2010 Report to Congress: Aligning Incentives
in Medicare--Oversight hearing on the Medicare Payment Advisory
Commission (MedPAC) June 2010 report to Congress. Hearing held
on June 23, 2010. PRINTED, Serial No. 111-139.
The Battle Against Diabetes: Progress Made; Challenges
Unmet--Oversight hearing on advances in research into diabetes.
Hearing held on July 1, 2010. PRINTED, Serial No. 111-141.
Antibiotic Resistance and the Use of Antibiotics in Animal
Agriculture--Oversight hearing on the use of antibiotics in
food-producing animals and the impact of this use on human
health. Hearing held on July 14, 2010. PRINTED, Serial No. 111-
144.
H.R. 5710, the National All-Schedules Electronic Reporting
Reauthorization Act of 2010; and H.R. 5809, the Safe Drug
Disposal Act--Hearing on two bills relating to the abuse of
prescription medications. Hearing held on July 22, 2010.
PRINTED, Serial No. 111-146.
Implementation of the Health Information Technology for
Economic and Clinical Health (HITECH) Act--Hearing on the
progress and plans for implementation of the provisions of the
HITECH Act aimed at nationwide electronic use and exchange of
health information. Hearing held on July 27, 2010. PRINTED,
Serial No. 111-149.
Protecting School-Aged Children from Sports-related
Concussion Injury--Hearing on H.R. 1347, the Concussion
Treatment and Care Tools Act. Hearing held on September 8,
2010. PRINTED, Serial No. 111-153.
Legislative Hearing on Pending Public Health Legislation--
Hearing on pending public health bills, H.R. 211, H.R. 758,
H.R. 1032, H.R. 1210, H.R. 1230, H.R. 1347, H.R. 1362, H.R.
1995, H.R. 2408, H.R. 2818, H.R. 2941, H.R. 2999, H.R. 5354,
H.R. 5462, H.R. 5986, H.R. 6012, H.R. 6081, H.R. 6109, and H.R.
6110. Hearing held on September 15, 2010. PRINTED, Serial No.
111-154.
Medicare's Competitive Bidding Program for Durable Medical
Equipment: Implications for Quality, Cost and Access--Oversight
hearing on Medicare's competitive bidding program for durable
medical equipment. Hearing held on September 15, 2010. PRINTED,
Serial No. 111-155.
Cutting Waste, Fraud, and Abuse in Medicare and Medicaid--
Oversight hearing on how the Department of Health and Human
Services (HHS) is using available statutory tools to reduce
waste, fraud, and abuse in Medicare and Medicaid programs.
Hearing held on September 22, 2010. PRINTED, Serial No. 111-
158.
Discussion Draft of Drug Safety Legislation--Hearing on
drug safety discussion draft legislation. Hearing held on
September 30, 2010. PRINTED, Serial No. 111-161.
Alzheimer's Disease: The Ongoing Challenges--Oversight
hearing on Alzheimer's disease. Hearing held on December 9,
2010. PRINTED, Serial No. 111-163.
Subcommittee on Oversight and Investigations
Introduction
During the 111th Congress, the Subcommittee on Oversight
and Investigations conducted major inquiries into federal
agencies within the Committee's jurisdiction, including the
Departments of Commerce, Energy, Health and Human Services,
Interior, and Homeland Security, the Food and Drug
Administration, the National Institutes of Health, the Consumer
Product Safety Commission, Chemical Safety and Hazard
Investigation Board, the Federal Trade Commission, the Federal
Communications Commission, the National Highway Traffic Safety
Administration, and the Environmental Protection Agency.
This oversight has exposed improper and illegal activities,
fraud, waste and abuse of taxpayer dollars, strengthened our
national security and defense against terrorists, highlighted
inconsistencies within the healthcare insurance industry, and
identified environmental protection and consumer safety issues.
These investigations provided the basis for a number of major
legislative initiatives of the Committee and will form the
foundation for additional investigative and legislative actions
in the next Congress.
Hearings and Other Investigative Activities Pertaining to Public Health
and Health Care
Hearings
INSTITUTIONAL REVIEW BOARDS THAT OVERSEE EXPERIMENTAL TESTING FOR
PROFIT
On March 26, 2009, the Subcommittee held a hearing on the
role of institutional review boards (IRBs) in protecting the
health of men, women, and children who participate in
experimental biomedical testing. In 2008, the Subcommittee
asked the Government Accountability Office (GAO) to investigate
whether IRBs were approving experimental research protocols
without sufficient scrutiny in order to collect fees.
GAO invented a fictitious company, developed a fake medical
protocol, and got it approved by a legitimate IRB. GAO stated
that one IRB ``approved our bogus research protocol for human
subjects testing after only minor edits to our submission
materials, even though we were a bogus company with falsified
credentials and an unproven medical device.'' The company that
approved the fake protocol, Coast IRB, testified at the hearing
about their actions. The Subcommittee also heard testimony from
GAO, the Department of Health and Human Services (HHS) and the
Food and Drug Administration (FDA). Following the hearing,
Coast IRB ceased business operations in April 2009.
TERMINATIONS OF INDIVIDUAL HEALTH POLICIES BY INSURANCE COMPANIES
The Subcommittee examined the practice of ``post-claims
underwriting,'' a practice also known as ``rescission'' through
which insurance companies cancel individual health insurance
policies after providers submit claims for medical services
rendered. The investigation into this practice demonstrated
that the market for individual health insurance in the United
States was fundamentally flawed.
On July 17, 2009, the Subcommittee held a hearing titled
``Terminations of Individual Health Policies by Insurance
Companies.'' At this hearing, the Subcommittee heard from
health insurance company chief executive officers, individuals
who had been affected by the termination of their health
insurance policies, and an academic specializing in health
policy matters. The Subcommittee also held a field hearing on
the practice in New Albany, Indiana, on July 27, 2009, titled
``Terminations of Individual Health Policies by Insurance
Companies: State Perspectives and Legislative Solutions.'' The
Subcommittee heard testimony from local stakeholders and health
insurance company representatives. This field hearing provided
a critical forum for Congress to understand the concerns of
local communities as lawmakers developed national health care
policies.
The Subcommittee's investigation revealed that insurance
companies exploit inconsistent state and federal laws to engage
in a series of controversial practices. For example, rather
than reviewing medical histories when applications are
submitted, some insurance companies award policies quickly to
begin collecting premiums. If the policyholders subsequently
get sick and file expensive claims, these insurance companies
initiate investigations to scrutinize the details of the
policyholder's application materials and medical records. If
the insurance companies find discrepancies, omissions, or
misrepresentations, they can retroactively cancel policies,
return premiums, and refuse payment for incurred medical
services.
The investigation also uncovered evidence that some
insurance companies rescind coverage even when discrepancies
are unintentional or caused by others; insurance companies
rescind coverage for conditions that are unknown to
policyholders; some insurance companies rescind coverage for
discrepancies unrelated to the medical conditions for which the
insured patient sought medical care; insurance companies
rescind coverage for family members who committed no
misrepresentations; insurance companies automatically
investigate medical histories for all policyholders with
certain conditions; and insurance companies have evaluated
employee performance based on the amount of money their
employees saved the company through rescissions.
The Patient Protection and Affordable Care Act (P.L. 111-
148), signed into law by President Obama on March 23, 2010,
banned the practice of rescissions that the Subcommittee
investigated. America's Health Insurance Plans, a trade
association that represents health insurers nationwide,
announced that insurance companies would comply with the health
reform rescission standards in May 2010, four months ahead of
the law's requirements.
INSURED BUT NOT COVERED: THE PROBLEM OF UNDERINSURANCE
The Subcommittee scrutinized the problem of healthcare
underinsurance. Underinsurance--when individuals have health
insurance policies that do not adequately cover their health
care expenses--can result from a variety of limitations within
insurance policies and can lead to medical debt, medically-
related bankruptcy, and ``spending down'' of household income
in order to qualify for Medicaid and other government
assistance. Escalating health costs have exacerbated the
problem of underinsurance, with an estimated 25 million
underinsured Americans in 2007.
On October 15, 2009, the Subcommittee held a hearing titled
``Insured But Not Covered: The Problem of Underinsurance.'' The
Subcommittee heard from individual policy holders and community
stakeholders regarding their experiences with underinsurance.
The Patient Protection and Affordable Care Act (P.L. 111-148),
signed into law by President Obama on March 23, 2010, will ease
the problem of underinsurance by eliminating lifetime caps and
mandating an ``essential health benefit'' package that must
cover basic expenses in the individual health insurance market
beginning in 2014.
THE HIGH COST OF SMALL BUSINESS HEALTH INSURANCE: LIMITED OPTIONS,
LIMITED COVERAGE
Small businesses are at a competitive disadvantage in the
private health insurance market. Small businesses pay higher
costs compared to large businesses for the same policy due to
higher per-employee administrative costs, higher broker fees,
and underwriting rules that allow for high premiums for sicker
and older workers.
Small companies pay on average about 18% more than large
employers for the same level of coverage, and these costs keep
rising. The average annual cost of a family premium for
employer-sponsored health coverage in a small firm was $12,696
in 2009, an increase of 30% since 2004 and 123% since 1999.
Small businesses can experience steep annual premium increases,
which creates significant budgeting challenges for the small
firms that provide health coverage to employees. In a 2009
survey, 15% of small businesses reported being offered renewal
premium rate increases of over 20% for the plan they had held
the year before.
As a result of these steep increases, a growing number of
small businesses simply cannot afford to provide health
insurance benefits to their employees. While 98% of firms with
200 or more employees offer health benefits, only 59% of those
with fewer than 200 employees offer health benefits. The
smaller the firm, the less likely it is to offer health
coverage. Only 46% of firms with 3-9 employees offer coverage,
a decline from 58% in 2002. Most small firms not offering
health coverage cite cost as the ``most important reason'' for
their inability to offer it.
At an October 20, 2009, Subcommittee hearing titled ``The
High Cost of Small Business Health Insurance: Limited Options,
Limited Coverage,'' several small business owners testified
about their commitment to providing health coverage for their
employees, steep premium increases they had experienced after
employees became ill, and difficult decisions they faced about
cutting coverage or cutting jobs to make up for the rising cost
of health benefits. Urban Institute health policy and economics
expert Linda Blumberg testified about the unique struggles of
small businesses in the health insurance market and the ways in
which the Patient Protection and Affordable Care Act (P.L. 111-
148) would offer relief to small business owners and their
workers.
H1N1 PREPAREDNESS: AN OVERVIEW OF VACCINE PRODUCTION AND DISTRIBUTION
Following the spread of a fast-moving and lethal strain of
H1N1 influenza in early 2009, the Subcommittee on Oversight and
Investigations and the Subcommittee on Health examined the
sufficiency of the government's response to the virus. In a
joint hearing titled ``H1N1 Preparedness: An Update of Vaccine
Production and Distribution,'' held November 4, 2009, the
Subcommittees took testimony from representatives from the
Centers for Disease Control and Prevention (CDC), the
Department of Health and Human Services, the Food and Drug
Administration, vaccine producers, and a local health
commissioner. The Subcommittee examined lessons learned to
prevent delays and panic in response to future pandemics.
PREMIUM INCREASES BY ANTHEM BLUE CROSS IN THE INDIVIDUAL HEALTH
INSURANCE MARKET
The Subcommittee held a hearing on February 24, 2010,
titled ``Premium Increases by Anthem Blue Cross in the
Individual Health Insurance Market'' to investigate proposed
premium rate increases by as much as 39% by Anthem Blue Cross,
a subsidiary of WellPoint, Inc., in the individual health
insurance market in California.
The Subcommittee's investigation uncovered internal company
documents that appeared to undermine WellPoint's assertion that
increasing profits was not a factor in the proposed rate
increase and that the proposed 25% average rate increase was
necessary. Corporate documents indicated that the rate
increases could have been even higher for some plans and
suggested that WellPoint's business plan included moving
consumers into less comprehensive plans. Documents also showed
that WellPoint developed a 12-point plan to reduce its medical
loss ratio, the proportion of premium revenues that a health
insurance plan uses to pay medical claims.
Following the hearing, Anthem Blue Cross postponed the
premium rate increases and subsequently canceled the hikes in
April 2010 after errors were uncovered in the documentations
Anthem submitted to the California Department of Insurance to
justify the proposed rate increases.
Reports and Memoranda
PROFITS, MARKETING, AND CORPORATE EXPENSES IN THE MEDICARE ADVANTAGE
MARKET
At the request of Committee Chairman Waxman and
Subcommittee Chairman Stupak, the majority staff released in
December 2009 a report titled ``Profits, Marketing, and
Corporate Expenses in the Medicare Advantage Market,'' offering
insights into the Medicare Advantage market by analyzing data
from 34 major Medicare Advantage insurers. The Subcommittee
obtained information on premium revenues, medical claims
payments, marketing costs, administrative expenses, executive
compensation, corporate retreats, and profits.
The investigation found that from 2005 through 2008, the
average Medicare Advantage insurer spent over 15% of premium
revenue on profits, marketing, and other corporate expenses.
The total amount spent on profits, marketing, and other
corporate expenses by Medicare Advantage insurers over the last
four years was $27 billion. If Medicare Advantage insurers had
been required to spend at least 85% of their total premium
revenues on medical claims, they would have spent an additional
$3 billion on their beneficiaries' medical care from 2005
though 2008.
The investigation also found that in 2007 and 2008,
Medicare Advantage insurers with medical loss ratios lower than
85% paid their executives more than $1.2 billion and spent
millions on expensive corporate retreats.
MATERNITY COVERAGE IN THE INDIVIDUAL HEALTH INSURANCE MARKET
In October 2010, Committee Chairman Waxman and Subcommittee
Chairman Stupak released a staff memorandum detailing the
findings of an investigation into maternity coverage in the
individual health insurance market. The memorandum found that
(1) pregnant women, expectant fathers, and families in the
process of adoption are unable to obtain health insurance in
the individual market; (2) many health insurance plans in the
individual market do not provide coverage for medical costs
related to pregnancy; and (3) health insurance companies have
business plans to reduce the coverage of maternity expenses in
the individual market.
The four largest for-profit health insurance companies,
Aetna, Humana, UnitedHealth Group, and WellPoint, have each
listed pregnancy as a medical condition that would result in an
automatic denial of individual health insurance coverage.
Health insurance companies also sometimes exclude from coverage
expectant fathers, candidates for surrogacy--whether they are
the surrogate or recipient--and those in the process of
adoption. Health insurance companies often exclude maternity
care from coverage in the individual market. Not only do the
insurance companies deny coverage to expectant parents, they
often exclude maternity coverage from the plans they offer
individuals who are not expecting at the time they subscribe.
Women who cannot obtain maternity coverage under their standard
insurance policies can sometimes purchase riders to provide
some coverage. These riders, however, are expensive and offer
limited benefits with high deductibles.
The heath care reform legislation signed into law by
President Obama will halt the practice of denying coverage to
expectant parents. Under the Patient Protection and Affordable
Care Act (P.L. 111-148), individual health insurance policies
will be required to cover maternity expenses in the individual
health insurance market. Beginning in 2014, health insurance
companies will no longer be able to deny coverage to women
because they are pregnant or exclude maternity-related claims.
COVERAGE DENIALS FOR PRE-EXISTING CONDITIONS IN THE INDIVIDUAL HEALTH
INSURANCE MARKET
In October 2010, Committee Chairman Waxman and Subcommittee
Chairman Stupak released a staff memorandum detailing the
findings of an investigation into coverage denials for pre-
existing conditions in the individual health insurance market.
The memorandum found that (1) the four largest for-profit
health insurance companies denied more than 600,000 individuals
coverage because of pre-existing conditions in the 3 years
before passage of health care reform legislation and (2) the
number of coverage denials increased significantly each year.
From 2007 through 2009, the four largest for-profit health
insurance companies, Aetna, Humana, UnitedHealth Group, and
WellPoint, refused to issue health insurance coverage to more
than 651,000 people based on their prior medical history. On
average, the four companies denied coverage to one out of every
seven applicants based on a pre-existing condition. One of the
four companies maintained a list of more than 400 medical
diagnoses that triggered a permanent denial of health insurance
coverage to applicants.
From 2007 through 2009, the number of people denied
coverage for pre-existing conditions increased at a rapid rate.
The number of individuals denied coverage by Aetna, Humana,
UnitedHealth Group, and WellPoint increased from 172,400 in
2007 to 257,100 in 2009, an increase of 49%. During the same
period, applications for enrollment increased by only 16%. From
2007 through 2009, Aetna, Humana, UnitedHealth Group, and
WellPoint refused to pay 212,800 claims for medical treatment
due to pre-existing conditions. In some cases, the companies
offered health insurance to individuals with pre-existing
conditions, but used medical riders to exclude coverage or
increase deductibles for claims related to pre-existing
conditions.
The Patient Protection and Affordable Care Act (P.L. 111-
148) signed into law by President Obama prohibits the use of
pre-existing conditions to deny coverage or claims. This
provision became effective with respect to dependent children
for policies issued on or after September 23, 2010. For adults,
the ban on the use of pre-existing conditions takes effect on
January 1, 2014. As a result, insurance companies will no
longer be able to deny health coverage to people due to their
medical history. The companies also will not be permitted to
deny claims for treatments related to pre-existing conditions,
and they will not be allowed to charge higher premiums based on
covering individuals with pre-existing conditions.
Other Investigative Activities
INTERNATIONAL LABOR PRACTICES BY PHILIP MORRIS
On July 16, 2010, the Subcommittee requested information
from Philip Morris International on its labor practices in
Kazakhstan and other Philip Morris International production
markets. Independent entities had criticized the alleged
exploitation of migrant farm workers employed by tobacco farm
owners for seasonal work in Kazakhstan. Farm owners in
Kazakhstan supply tobacco solely to Philip Morris Kazakhstan, a
subsidiary of Philip Morris International. The Subcommittee
continues to monitor international labor practices in the
tobacco industry.
SALES AND MARKETING OF FLAVORED TOBACCO PRODUCTS
On September 22, 2009, the Food and Drug Administration
banned the sale of flavored cigarettes, including those
flavored with clove. FDA took this action under the authority
of the Family Smoking Prevention and Tobacco Control Act (P.L.
111-31), a law that originated within the Energy and Commerce
Committee. On October 2, 2009, the Subcommittee on Oversight
and Investigations requested information from several tobacco
manufacturers regarding reports the companies were attempting
to circumvent FDA's ban on the sale of flavored cigarettes. The
Subcommittee continues to monitor the implementation of the
Family Smoking Prevention and Tobacco Control Act.
MARKETING AND SALES OF TOBACCO PRODUCTS TO CHILDREN
On April 22, 2010, the Subcommittee sent letters to six
tobacco companies regarding changes in their marketing and
production policies and practices as a result of the enactment
of the Family Smoking Prevention and Tobacco Control Act (P.L.
111-31), the Children's Health Insurance Program
Reauthorization Act (P.L. 111-3), and related regulations. The
Subcommittee continues to monitor the implementation of the
Family Smoking Prevention and Tobacco Control Act, the
Children's Health Insurance Program Reauthorization Act, and
related regulations.
LONG-TERM HEALTH EFFECTS EXPERIENCED BY OIL SPILL RESPONSE WORKERS
On July 1, 2010, Committee Chairman Waxman, Subcommittee
Chairman Stupak, and Subcommittee on Health Chairman Pallone
requested information and documents from Exxon Mobil
Corporation related to health effects experienced by workers
involved in the response to the Exxon Valdez oil spill. This
inquiry was part of the Committee's investigation of the
explosion on the Deepwater Horizon drilling rig and the
subsequent oil spill. The Subcommittee continues to review
Exxon Mobil's responses to understand better how to address the
health impact on workers who assist in the Deepwater Horizon
oil spill response effort.
MEDICAL DEVICES
Committee Chairman Waxman, Subcommittee Chairman Stupak,
and Subcommittee on Health Chairman Pallone continued an
inquiry into the rules and procedures used by the Food and Drug
Administration to ensure that medical devices are safe and
effective. As part of this investigation, the Subcommittee
requested that the agency reexamine its decision in December
2008 to approve the Menaflex Collagen Scaffold, an orthopedic
medical device used in the knee and manufactured by ReGen
Biologics, Inc. The Subcommittee had received allegations that
FDA approved the device over the objection of FDA scientists.
On October 13, 2010, the FDA announced that it would rescind
the marketing clearance for ReGen's device because it should
not have been approved without additional data demonstrating
safety and effectiveness.
FDA ADVISORY COMMITTEE
The Subcommittee requested information from the Food and
Drug Administration and Eli Lilly regarding the removal of a
doctor from an FDA advisory committee reviewing the drug
Prasugrel. The removal occurred after Eli Lilly, the
manufacturer of the drug, contacted FDA officials with concerns
about the doctor's prior criticism of the drug. Following the
Committee's investigation, FDA officials acknowledged the
agency had made a ``mistake'' by removing a doctor on the basis
of an alleged intellectual conflict-of-interest. In April 2010,
FDA released draft guidance that proposed the agency expand
information disclosed about conflict-of-interest waivers for
scientific advisers.
Hearing and Other Investigative Activities
Pertaining to Food Safety
Hearings
THE SALMONELLA OUTBREAK: THE CONTINUED FAILURE TO PROTECT THE FOOD
SUPPLY
In late 2008, the Centers for Disease Control and
Prevention identified an outbreak of Salmonella associated with
peanut butter that sickened more than 600 people in 44 states
and Canada. The Peanut Corporation of America (PCA)
manufactured tainted peanut products that were sold to
elementary schools, nursing homes, and hospitals. PCA
voluntarily recalled the tainted products on January 13, 2009.
On February 11, 2009, the Subcommittee held a hearing
titled ``The Salmonella Outbreak: The Continued Failure to
Protect the Food Supply.'' At this hearing, lawmakers released
internal corporate communications between PCA officials that
demonstrated that the company distributed tainted products even
though they knew their products were testing positive for
Salmonella. Stewart Parnell, the President of PCA, invoked his
Fifth Amendment right not to testify at the hearing.
Following the hearing, on July 30, 2009, the House of
Representatives passed H.R. 2749, the Food Safety Enhancement
Act. Additionally, HHS launched a revised food safety website
and FDA mandated more rapid food safety reporting.
THE SALMONELLA OUTBREAK: THE ROLE OF INDUSTRY IN PROTECTING THE
NATION'S FOOD SUPPLY
On March 19, 2009, the Subcommittee held a hearing titled
``The Salmonella Outbreak: The Role of Industry in Protecting
the Nation's Food Supply.'' This hearing examined the
obligations and actions of manufacturers and retailers that
purchased tainted peanut products from the Peanut Corporation
of America (PCA).
The Subcommittee heard testimony from three companies that
purchased peanut products from PCA despite knowing of sanitary
problems at PCA plants in Georgia and Texas. The Subcommittee
questioned officials from the three companies, King Nut Peanut
Butter, Austin Peanut Butter Crackers, and Vitamin Cottage
Organic Peanut Butter, about their efforts to ensure the safety
of the ingredients they used and the final products they
manufactured. Members of the Subcommittee also questioned the
propriety of having private, for-profit auditing firms inspect
the facilities of PCA and other suppliers, while being paid by
the companies they inspect.
Following the hearing, on July 30, 2009, the House of
Representatives passed H.R. 2749, the Food Safety Enhancement
Act. Additionally, HHS launched a revised food safety website
and FDA mandated faster food safety reporting.
THE ROLE AND PERFORMANCE OF FDA IN ENSURING FOOD SAFETY
The Subcommittee held a hearing on May 6, 2010, titled
``The Role and Performance of FDA in Ensuring Food Safety.''
The Subcommittee heard testimony from the Government
Accountability Office and Health and Human Services Office of
the Inspector General (HHS OIG) about reports assessing FDA's
challenges and performance at ensuring food safety.
In GAO's report on the safety of imported food, it found
that FDA needs to improve its coordination with other agencies
on enforcement. For example, GAO testified that FDA and Customs
and Border Protection should work together to assign a unique
identification number to firms that import food. GAO also
questioned whether FDA's current penalties are sufficient to
deter an importer from violating FDA requirements. GAO found
that the monetary bond required to provide assurance that food
shipments into the United States meet U.S. requirements was too
small to deter importers from violating U.S. law, and that some
importing firms view it as merely a cost of doing business.
The HHS OIG report focused on FDA's inspections of domestic
food facilities. The HHS OIG found that FDA inspected only 24%
of food facilities each year between 2004 and 2008. The number
of FDA inspections declined during that time, even as the
number of facilities increased. Over the course of five years,
FDA failed to inspect 56% of facilities that were subject to
its authority and only inspected an additional 14% once.
THE OUTBREAK OF SALMONELLA IN EGGS
The Subcommittee held a hearing on September 22, 2010,
titled ``The Outbreak of Salmonella in Eggs.'' Wright County
Egg and Hillandale Farms of Iowa issued a nationwide voluntary
recall of potentially tainted shell eggs in August 2010 after
an outbreak of Salmonella in this country. The two companies
voluntarily recalled approximately 550 million eggs due to
possible Salmonella contamination.
In the course of its investigation, the Subcommittee
obtained records showing that Wright County Egg confirmed
Salmonella contamination in its Iowa facilities prior to the
widespread outbreak of illness caused by tainted eggs.
Environmental sample reports between 2008 and 2010 indicate
that Wright County Egg received 426 positive results for
Salmonella, including 73 samples that were potentially positive
for Salmonella Enteritidis, the same strain that sickened
nearly 1,600 people during the 2010 outbreak.
The Subcommittee again raised concerns about third party
auditors that inspect food facilities. Wright County Egg
received favorable inspections from AIB, a private for-profit
auditing firm that had also positively evaluated Peanut
Corporation of America prior to the outbreak of Salmonella in
peanut butter in 2009.
At the hearing, the Subcommittee heard testimony from the
Owner of Wright County Egg and the Chief Operating Officer of
the company. The President of Hillandale Farms of Iowa, Orland
Bethel, invoked his Fifth Amendment right not to testify at the
hearing.
Investigative Activities
KELLOGG CEREAL RECALL
On July 25, 2010, Kellogg Company recalled 24 million boxes
of cereal products due to reports of an uncharacteristic smell
and taste. The Subcommittee sent a letter on August 2, 2010, to
Kellogg Company requesting information regarding its procedures
and policies for handling the recall. Through briefings from
Kellogg and officials from the Food and Drug Administration and
the Environmental Protection Agency, the Subcommittee was
assured that the cause of the smell and taste had been
identified and that the recall resulted in the removal of
affected products from grocery shelves. The Subcommittee will
continue to monitor food recalls to assess the need for further
legislative and oversight activity.
Hearings and Investigative Activities Pertaining to Energy and the
Environment
Hearings
THE BP DEEPWATER HORIZON OIL SPILL
On April 20, 2010, the Deepwater Horizon oil rig exploded
in the Gulf of Mexico, killing 11 people and injuring 15. Over
the course of the next 87 days, the spill dumped 4.9 million
barrels of oil, or 205.8 million gallons, into the Gulf of
Mexico. The explosion forever changed the lives of those
onboard the rig who survived and the surviving relatives of
those who died. The oil spill also had far reaching
implications for coastal waters and lands as well as the Gulf
region's recently reviving economy.
The Subcommittee's investigation revealed numerous key
safety decisions that increased the risk of a blowout and
identified important concerns about equipment failure and human
error on the rig. The investigation supported legislative
activity initiated in the Subcommittee on Energy and
Environment that resulted in passage by the full Committee of
the ``Blowout Prevention Act of 2010.''
INQUIRY INTO THE DEEPWATER HORIZON GULF COAST OIL SPILL
Soon after the April 20, 2010, explosion at the Deepwater
Horizon oil drilling rig at the Macondo well site in the Gulf
of Mexico, the Committee sent a series of letters requesting
briefings and documents from companies involved in work at the
site. The rig, which belonged to Transocean Limited, was leased
by BP. Halliburton performed cement work on the Macondo well in
the days leading up to the explosion, and Cameron International
manufactured the blowout preventer (BOP), a machine intended to
seal off an out-of-control well before it results in an
explosion. In earlier Congresses, the Committee examined a 2005
explosion at BP's Texas City refinery that took 15 lives and a
massive leak in 2006 at a BP pipeline in Prudhoe Bay, Alaska.
The inquiry into the blowout at a BP deepwater exploratory well
built on the Committee's prior work.
On May 12, 2010, the Subcommittee held a hearing titled
``Inquiry into the Deepwater Horizon Gulf Coast Oil Spill,''
the first in a series of hearings into the causes of the
disaster at the Macondo well site. The Subcommittee heard
testimony from Transocean, BP, Halliburton, and Cameron,
examining what could have caused the accident and why the BOP
did not stop the well's flow.
In preparation for the hearing, the Subcommittee was
briefed on multiple occasions by each of the companies that
testified at the hearing, by a number of additional companies
performing services at the Macondo Well, and by a range of
academic and independent experts in deepwater and offshore
drilling. The Subcommittee requested and reviewed tens of
thousands of pages of documents prior to the hearing and
identified several key documents that suggested potential
causes of the blowout at the well.
LOCAL IMPACT OF THE DEEPWATER HORIZON OIL SPILL
The Subcommittee's second hearing concerning the BP
Deepwater Horizon oil spill focused on the personal impact of
the explosion and subsequent spill on families of those on the
rig, the financial impact on local businessmen and fishermen,
and the environmental impact on the Gulf region's waters,
marshes, and coastal lands. During the week of June 7, 2010,
Subcommittee members toured marshes that had been penetrated by
oil, met with a local organization working to restore wildlife
in the marshes, and visited the site of the explosion.
On June 8, 2010, the Subcommittee held a field hearing in
Chalmette, Louisiana, titled ``Local Impact of the Deepwater
Horizon Oil Spill.'' At the hearing, two widows of men who died
on the rig talked about the need for reform of laws relating to
compensation of victims' families and asked that members of
Congress work to hold the industry accountable. Local small
business owners testified about the difficulties they
encountered providing for their families as a result of the
spill and expressed concerns about the BP claims process for
those who lost income due to the oil spill. Scientists informed
the Subcommittee of the potential long-term health effects of
the oil spill on Gulf area residents and local wildlife.
THE ROLE OF BP IN THE DEEPWATER HORIZON EXPLOSION AND OIL SPILL
The third in the series of hearings on the explosion at the
Deepwater Horizon oil drilling rig and oil spill focused on the
role of BP, which leased the rig from Transocean. Under federal
law, BP is considered the ``responsible party'' and is required
to fund the response and cleanup. In addition, as the oil
producer that leased the well, BP was responsible for the
design of the well and the retention of contractors to
implement its drilling plans.
In preparation for the hearing, the Subcommittee reviewed
tens of thousands of additional pages of documents provided by
the companies working at the Macondo well, regulatory materials
relating to the planning and permitting of the design and plans
for the well, and received briefings from a number of the
companies involved at the well site. The Subcommittee also
conducted a transcribed interview of a Halliburton employee in
order to develop the record of decision-making related to
several well design issues.
The Subcommittee's investigation identified several key
questions about choices that BP officials made in its well
design and measures that could have been taken to mitigate
identified risks. The Subcommittee transmitted a letter to Tony
Hayward, Chief Executive of BP, three days before the hearing
that posed several specific questions about choices BP made
that potentially saved time or money, but increased risk. Mr.
Hayward appeared before the Subcommittee on June 17, 2010, at a
hearing titled ``The Role of BP in the Deepwater Horizon
Explosion and Oil Spill'' to testify about BP's decision-making
leading up to the explosion.
THE ROLE OF THE INTERIOR DEPARTMENT IN THE DEEPWATER HORIZON DISASTER
The Subcommittee continued its investigation of the
explosion of the Deepwater Horizon drilling rig by examining
the role of the Department of the Interior (DOI) in regulating
deepwater drilling in the decade preceding the disaster. The
Subcommittee focused on regulatory developments that
facilitated increased drilling in the Outer Continental Shelf,
as well as the DOI's actions in responding to the spill at the
Macondo well site.
In a joint hearing of the Subcommittee on Oversight and
Investigations and the Subcommittee on Energy and Environment
on July 20, 2010, titled ``The Role of the Interior Department
in the Deepwater Horizon Disaster,'' the Subcommittees examined
the DOI's actions before and after the explosion and oil spill,
taking testimony from two former Secretaries of the Interior,
Gale Norton and Dirk Kempthorne, and Ken Salazar, the current
Secretary of the Interior.
Other Investigative Activities
SAN BRUNO PIPELINE EXPLOSION
A natural gas pipeline owned by Pacific Gas & Electric
exploded in a residential neighborhood in San Bruno,
California, on September 9, 2010. Eight people were killed and
there was significant property damage. The Subcommittee was
briefed by Pacific Gas & Electric within a few days of the
explosion about the measures it was taking to respond to the
incident and its preliminary explanation for the explosion. On
September 14, 2010, Committee Chairman Waxman and Subcommittee
Chairman Stupak requested briefings from regulators and
investigators with responsibility in the incident. The
Subcommittee requested briefings from the Department of
Transportation's Pipeline and Hazardous Materials Safety
Administration, and the National Transportation Safety Board
(NTSB).
Subcommittee staff received several briefings from the
aforementioned agencies and from Pacific Gas & Electric, the
owner of the pipeline. The Subcommittee also has been briefed
by state regulators. The Subcommittee continues to monitor the
results of the NTSB investigation.
BP'S CORPORATE ADVERTISING AND MARKETING
Committee Chairman Waxman and Subcommittee Chairman Stupak
sent a letter on August 16, 2010 to BP America, Inc., to follow
up on a verbal request by Committee member Rep. Kathy Castor of
Florida for information on BP's spending on corporate
advertising and marketing relating to the Deepwater Horizon oil
spill and relief, recovery, and restoration efforts in the Gulf
of Mexico. Rep. Castor raised the issue because of concerns
about Gulf businesses and families struggling to deal with the
costs of the disaster. The Subcommittee reviewed records and
data provided by BP about their corporate advertising before
and after the April 20, 2010, explosion at the Deepwater
Horizon and transmitted a letter to Rep. Castor regarding BP's
spending. The letter was made available to all Committee
members on September 1, 2010, on the Committee on Energy and
Commerce website.
ALASKA PIPELINE SAFETY
The Trans-Alaska Pipeline System (TAPS) is vital to energy
security for the United States. Serious safety and production
incidents prompted Committee Chairman Waxman and Subcommittee
Chairman Stupak to request updated information regarding the
safe operation of the Trans-Alaska Pipeline System from BP
Exploration (Alaska) Inc. and from Alyeska Pipeline Service
Company. The Subcommittee continues to monitor TAPS to ensure
that safety and security remain at the highest standards.
MARINER ENERGY OIL RIG EXPLOSION
On September 2, 2010, an explosion on an oil rig in the
Gulf of Mexico owned by Mariner Energy, Inc. prompted Committee
Chairman Waxman and Subcommittee Chairman Stupak to request a
briefing on the incident and its possible causes. The
Subcommittee received a briefing from the company and continues
to monitor safety on off-shore oil rigs.
Hearings and Investigative Activities Pertaining to Commerce, Trade,
and Consumer Protection
Hearings
AUTO DEALERSHIP CLOSURES
In connection with the 2008 financial crisis and the
lending of funds to automobile manufacturers under the Troubled
Asset Relief Program (TARP), created under P.L. 110-343, the
Subcommittee examined plans of Chrysler and General Motors (GM)
to terminate nearly 2,000 automobile dealerships. In 2008,
General Motors and Chrysler lost $30.9 billion and $17 billion
respectively; both companies filed for bankruptcy. GM and
Chrysler both received TARP funding and U.S. government
assistance to stabilize the companies during their bankruptcy
reorganizations. In the bankruptcy process, GM announced plans
to close roughly 1,200 dealerships and Chrysler announced plans
to close 789 dealerships nationwide.
On June 12, 2009, the Subcommittee held a hearing titled,
``GM and Chrysler Dealership Closures and Restructuring.''
Members heard testimony from the President of Chrysler, the
Chief Executive Officer of GM, and numerous car dealers from
across the country.
REGULATION OF BOTTLED WATER
On July 2, 2009, the Subcommittee held a hearing titled
``Regulation of Bottled Water'' to investigate the current
federal regulations that govern the safety of bottled drinking
water and tap water. Tap water providers are required to notify
the public of contamination, use certified laboratories for
testing, retain testing records for at least five years,
provide consumer confidence reports, and are subject to federal
oversight of state implementation of safety regulations.
Bottled water manufacturers are not required to abide by any of
these regulations.
The Subcommittee received two reports that raised questions
about why the regulations governing bottled water are weaker
than those governing tap water, as well as questions about the
widespread public perception that bottled water is healthier
than water from the tap. A Government Accountability Office
report reviewed federal safety and consumer protection
provisions governing tap water and bottled water. A second
report was prepared by the Environmental Working Group, which
surveyed labels and websites of bottled water manufacturers.
Both reports raised concerns that bottled water is not
subject to the same level of regulation as tap water. They also
raised concerns that consumers may not have accurate or
complete information about the content and quality of water
they purchase in plastic containers.
CRIB SAFETY: ASSESSING THE NEED FOR BETTER OVERSIGHT
Following recalls by the Consumer Product Safety Commission
(CPSC) of more than two million drop-side cribs prompted by a
series of infant deaths, the Subcommittee on Oversight and
Investigations examined the need for stronger federal safety
standards for cribs. The Consumer Product Safety Improvement
Act requires the CPSC to develop safety standards for nursery
products, and CPSC Chairman Inez Tenenbaum stated that the
Commission would promulgate new crib safety regulations in the
months following the recalls.
On January 21, 2010, the Subcommittee held a hearing titled
``Crib Safety: Assessing the Need for Better Oversight,'' at
which CPSC Chairman Tenenbaum testified, along with a consumer
advocate, a crib certifying association, and the mother of an
infant victim.
RESPONSE BY TOYOTA AND NHTSA TO INCIDENTS OF SUDDEN UNINTENDED
ACCELERATION
On August 28, 2009, a fatal crash of a Lexus vehicle in San
Diego, California, brought public attention to the problem of
sudden unintended acceleration. A passenger in the Lexus called
911 to report that the vehicle would not stop. The driver, an
experienced California Highway Police Officer, was unable to
control the vehicle and it eventually crashed. All four
passengers in the car were killed.
Since the August 2009 crash, Toyota has issued several
recalls relating to acceleration and accelerator pedals.
Millions of vehicles were covered by these recalls. While the
recalls focused on mechanical causes of unintended
acceleration--in particular, floor mat entrapment and
``sticky'' pedals caused by condensation--many consumers and
auto safety experts suspected a cause related to vehicle
electronics. In public statements, Toyota strongly denied a
link between sudden unintended acceleration and electronic
systems in its cars and trucks. After Toyota announced its
recalls, the National Highway Transportation Safety
Administration (NHTSA) launched a broad review of electronic
throttle systems that will involve intense scrutiny of
suppliers and manufacturers by NHTSA engineers and independent
experts.
At a February 23, 2010, Subcommittee hearing titled
``Response by Toyota and NHTSA to Incidents of Sudden
Unintended Acceleration,'' a Toyota driver testified about her
experience with sudden unintended acceleration and two auto
safety experts testified about potential links between sudden
unintended acceleration and vehicle electronics. President of
Toyota Motor Sales Jim Lentz testified about the company's
recalls and conceded to Committee Chairman Waxman that the
recalls may not reach the cause of all sudden unintended
acceleration events.
Department of Transportation Secretary Ray LaHood testified
about NHTSA's previous examinations of sudden unintended
acceleration and committed to broader efforts to understand the
problem and to hold automakers accountable for defects in their
vehicles. NHTSA is continuing its investigation into the causes
of sudden unintended acceleration and regularly updating the
Subcommittee on its findings.
UPDATE ON TOYOTA AND NHTSA'S RESPONSE TO THE PROBLEM OF SUDDEN
UNINTENDED ACCELERATION
The Subcommittee continued its inquiry into the problem of
sudden unintended acceleration, focusing on the role of
electronics in instances of sudden unintended acceleration. The
Subcommittee examined the work of Exponent, hired by Toyota to
examine the potential causes of unintended acceleration, and
National Highway Transportation Safety Administration's
announcement that it had commissioned studies of the problem by
the National Academy of Sciences and NASA.
On May 20, 2010, the Subcommittee held a hearing titled
``Update on Toyota and NHTSA's Response to the Problem of
Sudden Unintended Acceleration,'' on the continued response to
unintended acceleration in Toyotas, questioning witnesses David
Strickland, NHTSA Administrator, and James Lentz, President and
CEO of Toyota Motor Sales.
DIRECT-TO-CONSUMER GENETIC TESTING AND THE CONSEQUENCES TO THE PUBLIC
HEALTH
Personal genetic testing kits are marketed to consumers as
a tool to predict whether a person may be genetically
predisposed to develop diseases such as breast cancer,
diabetes, cystic fibrosis, celiac disease, cancer, and other
conditions. The tests also can be used to determine a person's
ancestry. Some of the companies that offer these genetic
testing kits also suggest that the tests can predict how
individuals may react to prescription drugs taken to treat
conditions such as HIV and heart disease.
Genetic testing kits can cost as little as $20 and are
available over the internet. Typically, a consumer receives the
kit in the mail, swabs the inside of the cheek to pick up a DNA
sample, and mails the sample to the company that sold the
genetic testing kit. The genetic testing company either
conducts its own analysis of the DNA sample through an in-house
laboratory or sends the DNA sample to an outside laboratory.
Several companies offer different levels of genetic analysis
that can cost the consumer anywhere from $229 to $999.
In 2006, GAO conducted an investigation into nutrigenetic
testing (i.e. genetic testing used to tailor diet and exercise
products to individual consumers) for the U.S. Senate Special
Committee on Aging, and found that these tests mislead
consumers by making medically unproven and ambiguous claims. As
follow-up, in March 2009, Chairman Waxman and several members
of the Subcommittee informed the GAO that they were concerned
that ``the genetic testing market appears to have expanded
rapidly and consumer fraud in this area is on the rise,'' and
asked GAO to investigate these issues in the industry and
report to the Subcommittee on its findings. GAO's Forensic
Audit and Special Investigations Unit conducted an
investigation into various genetic testing companies. GAO found
that companies used deceptive marketing and produced
inconsistent results.
Separately, the Subcommittee conducted an independent
investigation, reviewing more than 450,000 documents and
interviewing a wide range of scientists, genetic counselors,
and other experts in the genetic testing field. The
Subcommittee identified concerns about questionable marketing
claims, quality control, privacy protection, and the accuracy
of information provided to consumers.
At a July 22, 2010, hearing titled ``Direct-To-Consumer
Genetic Testing and the Consequences to the Public Health,''
testimony was given by FDA, GAO, an outside expert and
representatives of genetic testing companies about the
inconsistencies in testing results and potential negative
effects on consumers. FDA began meeting with genetic testing
companies following the hearing to discuss possible approaches
to regulating direct to consumer genetic testing kits. The
Subcommittee continues to monitor FDA's process to ensure that
consumers are adequately protected.
Investigative Activities
CADMIUM IN CHILDREN'S JEWELRY AND MCDONALD'S CORPORATION'S ``SHREK''
THEMED GLASSES
An investigation in January 2010 by the Associated Press
revealed the presence of cadmium in various children's jewelry
items sold by retailers throughout the United States. Cadmium
is a known cancer-causing agent that can hinder brain
development in children.
The Subcommittee requested information from retailers
identified in the Associated Press report regarding their
activities to identify, address and prevent hazardous materials
from being used in children's jewelry and other products
intended for children. The Subcommittee received briefings and
reviewed information from each of the retailers.
In June 2010, following a voluntary recall by McDonald's
Corporation of approximately 12 million drinking glasses
bearing designs of the animated character ``Shrek,'' Committee
Chairman Waxman and Subcommittee Chairman Stupak requested
information from McDonalds and Arc International, the
manufacturer of the glasses. McDonald's Corporation and Arc
International each provided briefings and relevant documents.
In October 2010, the Consumer Product Safety Commission
issued a staff report on cadmium in children's metal jewelry,
recommending tests for evaluating children's exposure to
cadmium-containing products.
The Subcommittee continues to monitor hazardous chemicals
in children's products and the efforts by CPSC to ensure that
manufacturers and importers are keeping products that contain
dangerous chemicals out of the stream of commerce.
IRON 44 HELICOPTER CRASH
On November 24, 2009, Committee Chairman Waxman, Committee
Ranking Member Barton, Subcommittee Chairman Stupak, and
Subcommittee Ranking Member Walden sent a letter to the
National Transportation Safety Board (NTSB) expressing concern
about the ongoing NTSB investigation of a helicopter crash
(known as the ``Iron 44'' crash) that occurred on August 5,
2008. The Subcommittee received a briefing from NTSB on their
investigation and possible causes of the accident.
BPA DANGERS
On June 2, 2009, Committee Chairman Waxman and Subcommittee
Chairman Stupak sent a letter to the Food and Drug
Administration relating to the possible dangers of Bisphenol A
(BPA), a chemical found in consumer products and food product
containers, expressing particular concern about the danger of
using BPA in infant formula containers and other items used by
infants and children. Committee Chairman Waxman and
Subcommittee Chairman Stupak asked FDA Commissioner Margaret
Hamburg to reconsider the FDA's conclusion under the Bush
Administration that BPA is safe at current estimated exposure
levels. FDA is now pursuing multiple studies to determine BPA's
effects on humans. The Subcommittee continues to monitor the
outcomes of the ongoing studies.
FLAME RETARDANT CHEMICALS
Flame retardant chemicals, such as polybrominated diphenyl
ethers (PBDE), are used in various consumer products including
pillows, mattresses, children's products, furniture foam, and
television sets. California's flammability standard
specifically requires the use of flame retardants in various
products, which leads some manufacturers to incorporate flame
retardants in products sold nationally. These chemicals contain
toxins that can act as endocrine disruptors and may cause
cancer and neurological defects.
Recent studies link PBDEs to a rising number of children
suffering from low birth weight, negative outcomes on
neurological development tests, increasing occurrences of
infertility, and firefighters with significantly elevated rates
of four cancers. Various public health groups, environmental
organizations, and firefighter associations have advocated for
a change in California's flammability standard, as well as a
widespread ban of these chemicals.
The Subcommittee has investigated the issue extensively.
Subcommittee staff received briefings from numerous scientists
who have studied the issue, firefighters, furniture and other
product manufacturers, as well as key federal and state
agencies. The Subcommittee has also had several briefings with
the principal manufacturers of flame retardant chemicals that
are sold in the United States. In addition, the Committee
requested documents from four flame retardant chemical
manufacturers and has reviewed tens of thousands of pages of
documents concerning the testing and marketing of such
products. The Subcommittee is continuing its investigation into
the environmental and health impacts relating to the use of
flame retardant chemicals.
JAPANESE CASH FOR CLUNKERS PROGRAM
Japan is the third largest automobile market in the world.
In late 2009, the Japanese Government announced an economic
stimulus package totaling 7.2 trillion yen ($81 billion U.S.
dollars) that included an extension on an incentive program to
purchase fuel efficient cars. This program was similar to the
U.S. government's Car Allowance Rebate System (CARS), popularly
known as ``Cash for Clunkers.''
U.S. automobile manufacturers have exported cars to Japan
since the 1990s through a ``preferential handling protocol.''
Because U.S. automakers sell fewer than 10,000 vehicles in
Japan each year combined, the Japanese government affords them
the option of having their vehicles tested under official
government standards for fuel efficiency or selling them
without official ratings. American cars that are sold under the
preferential handling protocol had not been officially rated
for fuel economy in Japan and were thus ineligible for purchase
under the recent Japanese incentive program.
The Subcommittee scheduled a hearing on the exclusion of
U.S. automobiles from Japan's Cash for Clunkers program in
January 2010. In advance of the hearing, the Japanese
Government changed its policy and agreed to allow American
automotive manufacturers to participate in the program. The
Subcommittee postponed its hearing to await further data on the
cars purchased in the American and Japanese Cash for Clunkers
programs.
Hearings and Other Investigative Activities Pertaining to
Communications and Technology
TRAFFIC PUMPING SCHEMES
Committee Chairman Waxman, Subcommittee Chairman Stupak,
and Subcommittee on Communication, Technology, and Internet
Chairman Boucher sent request letters to AT&T, Qwest, Sprint,
and Verizon, and 24 incumbent local exchange providers seeking
information regarding access charges and so-called ``traffic
pumping schemes.'' News reports have described situations in
which voice service providers have refused to connect calls to
certain rural areas due to the allegedly excessive terminating
access charges required by some rural incumbent local exchange
providers. The Subcommittees sought information on the nature
and scope of these schemes as well as the steps companies take
to resolve disputed charges. The Subcommittee reviewed
documents produced by all of the companies, received briefings
from many of the interested parties, and continues to
investigate the matter.
Other Hearings and Investigative Activities
Hearings
FEDERAL OVERSIGHT OF HIGH CONTAINMENT BIO-LABORATORIES
The Subcommittee held its second hearing on the
proliferation of biological research laboratories since the
2001 anthrax attacks. The purpose of the hearing was to assess
the status of government oversight over high-containment
laboratories, which work with dangerous pathogens and diseases.
After the Subcommittee's first hearing on the matter in 2007,
Government Accountability Office continued to examine these
labs and found that, aside from the Select Agent Program--a
government program regulating certain listed dangerous
pathogens--there is no formal registry for bio-labs, and no
federal agency has authority to regulate all bio-labs.
On September 22, 2009, the Subcommittee held a hearing
titled ``Federal Oversight of High Containment Bio-
Laboratories'' at which GAO released a report containing its
conclusions concerning the expansion of bio-labs in the United
States, strategies for improving the safety and security of
these labs, and the need for consolidated federal oversight of
these labs.
SECRECY IN THE RESPONSE TO BAYER'S FATAL CHEMICAL PLANT EXPLOSION
On August 28, 2008, a tank containing waste materials in a
pesticide production unit exploded at a chemical plant in
Institute, West Virginia, owned by Bayer CropScience. Bayer's
West Virginia facility produces pesticide from a variety of
chemicals, including methyl isocyanate (MIC), a highly toxic
substance that has been eliminated for decades from every other
facility in the United States except for the Institute, West
Virginia site.
The Subcommittee held a hearing titled ``Secrecy in the
Response to Bayer's Fatal Chemical Plant Explosion'' on April
21, 2009. The Subcommittee found that Bayer engaged in a
campaign of secrecy by withholding critical information from
local, county, and state emergency responders; by restricting
the use of information provided to federal investigators; by
attempting to marginalize news outlets and citizen groups
concerned about the dangers posed by Bayer's activities; and by
providing inaccurate and misleading information to the public.
The Subcommittee found that Bayer failed to provide
emergency responders with critical information about the scope
of the explosion, the potential chemical hazards involved, or
the action needed to safeguard the surrounding community. The
Subcommittee also found that there were serious questions about
the vulnerabilities of Bayer's inventory of MIC and about MIC
monitoring systems that were out of service at the time of the
explosion. The Subcommittee found that Bayer was attempting to
undermine an investigation by the Chemical Safety Board, by
misusing a statute designed to protect the security of maritime
transportation facilities to block the public release of
information related to the accident and to the storage of
hazardous chemicals at the site.
In response to the findings of this hearing, Sen.
Rockefeller of West Virginia inserted language into the 2010
Homeland Security budget to keep companies from hiding behind
anti-terrorism rules to avoid releasing important details of
chemical plant emergencies to the public and local emergency
responders. Additionally, Sen. Byrd of West Virginia proposed a
measure to require the Department of Homeland Security to
report to Congress on the steps it is taking to coordinate
chemical plant security efforts by various federal agencies.
In August 2009, Bayer CropScience announced that the
company would voluntarily reduce MIC storage at the facility by
80%. This reduction eliminated the transfer, use, and storage
of MIC at the site within approximately one year. As a result,
there is no MIC storage above ground anywhere on the site.
COMMERCIAL SALES OF MILITARY TECHNOLOGIES
In 2008, the Subcommittee requested that the Government
Accountability Office conduct undercover testing to determine
how vulnerable the United States is to covert acquisition and
export of sensitive technology with potential military
application. GAO established a fictitious company, led by a
fictitious individual, to acquire 12 different military or dual
use items that were subject to export control laws. GAO was
able to acquire several devices that can be used in nuclear
weapons programming. It also successfully acquired several
pieces of military equipment that U.S. forces use to maintain
technological superiority in battle.
On June 4, 2009, the Subcommittee held a hearing entitled,
``Commercial Sales of Military Technology,'' in which GAO
testified that insufficient regulation leaves sensitive
technologies vulnerable to unlawful export through the
commercial market. The hearing showed that companies that sell
sensitive equipment are not required by current law to apply
for an export license when selling military or dual use
products directly to domestic purchasers. There is no
requirement for them to conduct any background checks or due
diligence on the transactions, much less submit the proposed
sale to the government for licensing. This hearing and report
highlighted the importance of monitoring the commercial sales
of military technology.
Other Investigative Activities
RADIATION DETECTION PORTAL MONITORS TESTING PROGRAM
On June 22, 2009, Committee Chairman Waxman and
Subcommittee Chairman Stupak wrote to Department of Homeland
Security (DHS) Secretary Janet Napolitano regarding a GAO
report titled ``Combating Nuclear Smuggling: DHS Improved
Testing of Advanced Radiation Detection Portal Monitors, but
Preliminary Results Show Limits of New Technology.'' The
Chairmen urged DHS to adopt the recommendations of the report
and reexamine the advanced radiation detection portal monitors
testing program.
GAO REPORT FINDS FLAWS IN PRESIDENT BUSH'S NUCLEAR AGREEMENT WITH
RUSSIA
On July 29, 2009, Committee Chairman Waxman, Subcommittee
Chairman Stupak, and Subcommittee on Energy and Environment
Chairman Markey released a Government Accountability Office
report titled ``U.S.--Russia Nuclear Agreement: Interagency
Process Used to Develop the Classified Nuclear Proliferation
Assessment Needs to Be Strengthened.'' The report outlines
significant problems within the executive branch process for
evaluating Russia's nuclear proliferation activities as part of
the U.S.-Russia negotiation of a civilian nuclear cooperation
agreement.
Hearings Held
The Salmonella Outbreak: The Continued Failure to Protect
the Food Supply.--Oversight hearing on the salmonella outbreak
associated with peanut products manufactured by the Peanut
Corporation of America. Hearing held on February 11, 2009.
PRINTED, Serial No. 111-2.
The Salmonella Outbreak: The Role of Industry in Protecting
the Nation's Food Supply.--Oversight hearing examining the
actions and obligations of manufacturers and retailers that
purchased tainted peanut products from the Peanut Corporation
of America. Hearing held on March 19, 2009. PRINTED, Serial No.
111-18.
Institutional Review Boards That Oversee Experimental Human
Testing for Profit.--Oversight hearing on whether institutional
review boards and the federal government are adequately
protecting human subjects of biomedical research. Hearing held
on March 26, 2009. PRINTED, Serial No. 111-22.
Secrecy in the Response to Bayer's Fatal Chemical Plant
Explosion.--Oversight hearing on Bayer CropScience campaign of
secrecy to withhold information and provide misleading
information to emergency responders, government officials, and
the public. Hearing held on April 21, 2009. PRINTED, Serial No.
111-28.
Commercial Sales of Military Technologies.--Oversight
hearing on the commercial sale of sensitive technology with
military applications and to provide the results of a
Government Accountability Office undercover investigation on
this issue. Hearing held on June 4, 2009. PRINTED, Serial No.
111-43.
GM and Chrysler Dealership Closures and Restructuring.--
Oversight hearing on auto dealership closures announced by
Chrysler and General Motors stemming from the 2008 financial
crisis and during a time when the companies were received funds
under the Troubled Asset Relief Program. Hearing held on June
12, 2009. PRINTED, Serial No. 111-49.
Terminations of Individual Health Policies by Insurance
Companies.--Oversight hearing on the practice of
``rescissions,'' which occurs when insurance companies cancel
individual health insurance policies after their providers
submit claims for medical services rendered. Hearing held on
June 16, 2009. PRINTED, Serial No. 111-50.
Regulation of Bottled Water.--Oversight hearing on federal
regulation of bottled water. Hearing held on July 8, 2009.
PRINTED, Serial No. 111-56.
Terminations of Individual Health Policies by Insurance
Companies: State Perspectives and Legislative Solutions.--
Oversight hearing on the practice of ``rescissions,'' which
occurs when insurance companies cancel individual health
insurance policies after their providers submit claims for
medical services rendered. Field hearing held in New Albany,
Indiana, on July 27, 2009. PRINTED, Serial No. 111-58.
Federal Oversight of High Containment Bio-Laboratories.--
Oversight hearing on the proliferation of biological research
laboratories. Hearing held on September 22, 2009. PRINTED,
Serial No. 111-66.
Insured but Not Covered: The Problem of Underinsurance.--
Oversight hearing on the problem of underinsurance and medical
debt. Hearing held on October 15, 2009. PRINTED, Serial No.
111-72.
The High Cost of Small Business Health Insurance: Limited
Options, Limited Coverage.--Oversight hearing examining
business practices in the small business health insurance
market. Hearing held on October 20, 2009. PRINTED, Serial No.
111-75.
H1N1 Preparedness: An Overview of Vaccine Production and
Distribution.--Oversight hearing on production and distribution
of the H1N1 vaccine. Hearing held on November 18, 2009.
PRINTED, Serial No. 111-82.
Crib Safety: Assessing the Need for Better Oversight.--
Oversight hearing on whether there is a need for stronger
mandatory federal safety standards for infant cribs. Hearing
held on January 21, 2010. PRINTED, Serial No. 111-92.
Response by Toyota and NHTSA to Incidents of Sudden
Unintended Acceleration.--Oversight hearing on the response to
persistent consumer complaints of sudden, unintended
acceleration in vehicles manufactured by the Toyota Motor
Corporation. Hearing held on February 23, 2010. PRINTED, Serial
No. 111-96.
Premium Increases by Anthem Blue Cross in the Individual
Health Insurance Market.--Oversight hearing on the proposed
increases in premium rates by Anthem Blue Cross, a subsidiary
of WellPoint, Inc., by as much as 39% in the individual health
insurance market in California. Hearing held on February 24,
2010. PRINTED, Serial No. 111-97.
The Role and Performance of FDA in Ensuring Food Safety.--
Oversight hearing on the safety of food imported into the
United States and the adequacy of FDA's efforts to protect
Americans from unsafe, imported food. Hearing held on May 6,
2010. PRINTED, Serial No. 111-118.
Inquiry into the Deepwater Horizon Gulf Coast Oil Spill.--
Oversight hearing examining the causes of the explosion on the
Deepwater Horizon drilling rig and subsequent oil spill.
Hearing held on May 12, 2010. PRINTED, Serial No. 111-122.
Update on Toyota and NHTSA's Response to the Problem of
Sudden Unintended Acceleration.--Oversight hearing on the
continued response of the Toyota Motor Company and National
Highway Traffic Safety Administration (NHTSA) to incidents of
sudden unintended acceleration in Toyota vehicles. Hearing held
on May 20, 2010. PRINTED, Serial No. 111-126.
Local Impact of the Deepwater Horizon Oil Spill.--Oversight
hearing on the local impact of the Deepwater Horizon oil spill
on the Gulf region. Field hearing held in Chalmette, Louisiana,
on June 7, 2010. PRINTED, Serial No. 111-129.
The Role of BP in the Deepwater Horizon Explosion and Oil
Spill.--Oversight hearing continuing examination of the causes
of the explosion on the Deepwater Horizon drilling rig and
subsequent oil spill. Hearing held on June 17, 2010. PRINTED,
Serial No. 111-137.
The Role of the Interior Department in the Deepwater
Horizon Disaster.--Oversight hearing on the Department of the
Interior's actions before and since the Deepwater Horizon
drilling rig explosion and oil spill. Hearing held on July 20,
2010. PRINTED, Serial No. 111-145.
Direct-to-Consumer Genetic Testing and the Consequences to
the Public Health.--Oversight hearing on sales and reliability
of direct-to-consumer personal genetic tests. Hearing held on
July 22, 2010. PRINTED, Serial No. 111-148.
The Outbreak of Salmonella in Eggs.--Oversight hearing on
the Salmonella outbreak associated with eggs produced by Wright
County Egg and Hillandale Farms of Iowa. Hearing held on
September 22, 2010. PRINTED, Serial No. 111-157.
GAO Reports and Testimony Requested by the Subcommittee
GAO REPORTS
Nonprescription Drugs: Considerations Regarding a Behind-
the-Counter Drug Class. GAO-09-245, February 20, 2009.
Information Technology: FDA Needs to Establish Key Plans
and Processes for Guiding Systems Modernization Efforts. GAO-
09-523, June 2, 2010.
Bottled Water: FDA Consumer Protections Are Often Less
Stringent Than Comparable EPA Protections for Tap Water. GAO-
09-610, June 22, 2009.
U.S.-Russia Nuclear Agreement: Interagency Process Used to
Develop the Classified Nuclear Proliferation Assessment Needs
to Be Strengthened. GAO-09-743R, June 30, 2009.
Litigation Has Decreased and EPA Needs Better Information
on Site Cleanup and Cost Issues to Estimate Program Funding
Requirements. GAO-09-656, July 15, 2009.
Biological Research: Observations of DHS's Analyses
Concerning Whether FMD Research Can Be Done as Safely on the
Mainland as on Plum Island. GAO-09-747, July 30, 2009.
Food Safety: Agencies Need to Address Gaps in Enforcement
and Collaboration to Enhance Safety of Imported Food. GAO-09-
873, September 15, 2009.
Information Security: Actions Needed to Better Manage,
Protect, and Sustain Improvements to Los Alamos National
Laboratory Classified Computer Network. GAO-10-28, October 14,
2009.
Human Capital: Continued Opportunities Exist for FDA and
OPM to Improve Oversight of Recruitment, Relocation and
Retention Incentives. GAO-10-226, January 22, 2010.
Border Security: Better Usage of Electronic Passport
Security Features Could Improve Fraud Detection. GAO-10-96,
January 22, 2010.
Dietary Supplements: FDA Should Take Further Actions to
Improve Oversight and Consumer Understanding. GAO-09-250,
January 29, 2010.
Food Irradiation: FDA Could Improve Its Documentation and
Communication of Key Decisions of Food Irradiation Petitions.
GAO-10-309R, February 16, 2010.
New Drug Approval: FDA's Consideration of Evidence from
Certain Clinical Trials. GAO-10-798, July 30, 2010.
Telecommunications: FCC Should Assess the Design of the E-
Rate Program's Internal Control Structure. GAO-10-908,
September 29, 2010.
Telecommunications: Improved Management Can Enhance FCC
Decision Making for the Universal Service Fund Low-Income
Program. GAO-11-11, October 28, 2010.
Information Security: National Nuclear Security
Administration Needs to Improve Contingency Planning For Its
Classified Supercomputing Operations. GAO-11-67, December 9,
2010.
GAO TESTIMONY
Human Subjects Research: Undercover Tests Show the
Institutional Review Board System is Vulnerable to Unethical
Manipulation. GAO-09-448T, March 26, 2009.
Military and Dual-Use Technology: Covert Testing Shows
Continuing Vulnerabilities of Domestic Sales for Illegal
Export. GAO-09-725T, June 4, 2009.
Bottled Water: FDA Safety and Consumer Protections are
Often Less Stringent than Comparable EPA Protections for Tap
Water. GAO-09-861T, July 8, 2009.
High-Containment Laboratories: National Strategy for
Oversight is Needed. GAO-09-1036T, September 22, 2009.
Food Safety: FDA Could Strengthen Oversight of Imported
Food by Improving Enforcement and Seeking Additional
Authorities. GAO-10-699T, May 6, 2010.
Direct-To-Consumer Genetic Tests: Misleading Test Results
Are Further Complicated by Deceptive Marketing and Other
Questionable Practices. GAO-10-847T, July 22, 2010.
PENDING GAO REQUESTS
The following is a list of pending GAO studies initiated by
the Subcommittee on Oversight and Investigations that were not
completed by the end of the 111th Congress:
Implementation of the Safe Drinking Water Act. Study
requested on January 31, 2008.
A Review of FDA's Resources for Drugs, Biological Products,
and Medical Devices. Study requested on February 15, 2008.
A Review of Cost Implications of Work Stoppages from
Inadequate Worker Safety Protections and Weaknesses in Nuclear
Safety. Study requested April 16, 2008.
A Review of Lawrence Livermore National Laboratory Plans
for De-Inventorying Category I and II Special Nuclear Material.
Study requested June 25, 2008.
Co-Requestor of a Review of the Department of Energy's
Handling of Security at Lawrence Livermore National Laboratory.
Study requested July 10, 2008.
Review of the Progress, Strategies, Implementation and
Management of National Nuclear Security Administration's
Stockpiles & Facilities. Study requested August 8, 2008.
APPENDIX I
Committee on Energy and Commerce
Oversight Plan for the 111th Congress
Adopted on February xx, 2009
COMMITTEE ON ENERGY AND COMMERCE OVERSIGHT PLAN, U.S. HOUSE OF
REPRESENTATIVES, 111TH CONGRESS, THE HONORABLE HENRY A. WAXMAN,
CHAIRMAN
Rule X, clause 2(d) of the Rules of the House requires each
standing Committee to adopt an oversight plan for the two-year
period of the Congress and to submit the plan to the Committee
on Oversight and Government Reform and to the Committee on
House Administration not later than February 15 of the first
session of the Congress.
This is the oversight plan of the Committee on Energy and
Commerce for the 111th Congress. It includes the areas in which
the Committee expects to conduct oversight during the 111th
Congress, subject to limits on staff and resources, but does
not preclude oversight or investigation of additional matters
as the need arises.
ENERGY AND ENVIRONMENTAL ISSUES
The Committee intends to conduct oversight in the 111th
Congress of numerous energy and environment-related issues to
help ensure that government is working and that relevant
statutes are effective and up to date.
Climate Change. Global warming and energy issues will be a
key area of interest. Due to the magnitude and complexity of
the task of reducing greenhouse gas emissions, the Committee
expects to examine governmental and nongovernmental activities
and policies in this area, and their bases. The Committee will
also examine governmental and private sector policies and
actions related to developing and maintaining a sustainable and
affordable national energy supply, including through the
efficient use of energy.
Environmental Pollution and Hazardous Waste. The Committee
will examine whether the key environmental and energy laws
under its jurisdiction are being implemented and followed
appropriately to ensure that public health, the environment,
and consumers are adequately protected. This will focus on the
key issues of air pollution, drinking water contamination,
hazardous waste disposal and cleanup, manufacture, use, and
safety of chemical substances and pesticides on food. The
Committee will examine the actions of the agencies charged with
addressing these issues: the Environmental Protection Agency,
the Department of Energy, and the Agency for Toxic Substances
and Disease Registry.
Energy Policy. The Committee will examine U.S. policies
pertaining to energy efficiency and conservation, production,
and consumption of electricity, oil, natural gas, coal,
hydroelectric power, nuclear power, and renewable energy. The
Committee will inquire into potential opportunities for the
government and private sector to enhance environmental, public
health, and consumer protections (including pipeline safety),
while promoting a sustainable, clean energy future. The
Committee will examine the actions of agencies and offices
charged with developing and implementing U.S. energy policies,
including the Department of Energy, the Federal Energy
Regulatory Commission, and the Nuclear Regulatory Commission.
The Committee will also examine the activities and policies of
the Department of Transportation and the National Highway
Traffic Safety Administration as they relate to matters within
the Committee's jurisdiction.
Energy Security. The Committee will oversee management and
operations issues at the Department of Energy, including
management and operations of the National Nuclear Security
Administration (NNSA) and the DOE National Laboratories. The
Committee will focus on DOE's management of the environment,
safety, and health aspects of its policies and activities, and
DOE's management of the contractors that operate the National
Laboratories. In addition, the Committee will oversee the
protection of nuclear materials around the globe by examining
ongoing problems at both the National Labs and at nuclear power
plants with respect to the security of both nuclear materials
and sensitive security information and by examining nuclear
detection systems at air, land, and seaports.
Bio-Research Laboratories. Building on the two hearings in
the 110th Congress, the Committee will exercise continued
oversight of issues related to construction and operation of
high-containment bio-research laboratories.
HEALTH AND HEALTHCARE ISSUES
Children's Health Insurance Program (CHIP). The Committee
will oversee the implementation of the legislation
reauthorizing the Children's Health Insurance Program by the
Department of Health and Human Services (HHS), state CHIP
agencies, and their private contractors. This oversight will
focus on the extent to which federal financial incentives and
state outreach and enrollment activities are successful in
extending coverage to low-income children who are eligible but
not enrolled in Medicaid or CHIP. The Committee will also
examine whether federal program funds are being used to
purchase covered services efficiently in a manner that
minimizes waste, fraud, and abuse.
Centers for Medicare & Medicaid Services (CMS). The
Committee will review the management, operation, and activities
of the Centers for Medicare & Medicaid Services, focusing on
the effective provision of services under the Medicare,
Medicaid, and Child Health Insurance programs and the
elimination of waste, fraud, and abuse in these programs. The
Committee will examine the use and oversight of private
contractors by CMS in administering these programs.
Drug Safety. The Committee will review the ability of the
Food and Drug Administration (FDA) to ensure the safety and
effectiveness of prescription and over-the-counter (OTC) drugs
sold in the United States, including whether necessary
safeguards for imported drugs are in place. The Committee will
also examine manufacturer marketing practices for both
prescription and OTC drugs.
Emergency Care Services. The Committee will review the
ability of the nation's trauma centers and emergency
departments to respond to the growing demand for their
services. Among the areas of oversight interest are the
activities of HHS to ensure that emergency rooms in cities at
high risk of a terrorist attack have the capacity to handle a
surge in casualties, as well as the availability of on-call
specialists on a 24/7 basis.
Food Safety. The Committee will examine the causes of
recent food safety problems and the effectiveness of our
current regulatory system for overseeing the safety of imported
foods. The Committee will review the FDA's statutory
authorities for protecting the nation's food supply with a view
towards identifying any gaps. The Committee will also examine
whether FDA's financial and personnel resources are adequate to
protect the public from unsafe food.
Health Information Technology (HIT). The Committee will
oversee the implementation of the HIT provisions of the
economic recovery legislation by the Department of Health and
Human Services. The Committee will focus initially on the
Department's establishment of standards for interoperability,
functionality, security, and privacy of electronic health
records and its certification of systems that meet those
standards. The Committee will also monitor the Department's
HIT-related grant-making activity.
National Institutes of Health (NIH). The NIH budget spends
over $29 billion per year, largely on medical research intended
to improve the health of the nation. The Committee will examine
whether there is sufficient transparency and accountability to
ensure that these funds are spent effectively and efficiently.
HIV/AIDS. The Committee will oversee domestic and global
HIV prevention and treatment activities by HHS and the Centers
for Disease Control and Prevention (CDC). Domestically, areas
of concern include the scale-up of prevention efforts, the
continuing implementation of CDC's routine testing
recommendations, and the reach of care and treatment programs.
The Committee will also monitor HHS's implementation of U.S.-
funded HIV activities abroad. Particular attention will be paid
to changes made by the 2008 reauthorization of the President's
Emergency Plan for AIDS Relief (PEPFAR), including increased
flexibility in prevention programming and an intensified
emphasis on integration with other health and social services.
Hospital-Acquired Infections and Antibiotic Resistance. The
Committee will oversee the actions taken by HHS, state hospital
licensure agencies, and the private sector to reduce the
incidence of preventable hospital-acquired infections. Among
the areas of interest is checklists for use by physicians,
nurses, and other hospital personnel to reduce such infections.
The Committee will also review efforts to combat the spread of
antibiotic resistant infections. The Committee will examine the
practices that contribute to the problem, including the
inappropriate use of antibiotics both by humans and in the food
supply.
Preventable Medical Errors. In addition to its work on
hospital-acquired infections, the Committee will also examine
other preventable medical errors, which studies suggest
annually cause tens of thousands of preventable deaths and cost
our nation's medical system billions of dollars. The Committee
will examine the practices that contribute to such preventable
medical errors and review actions taken by providers, patients,
insurers, and the federal government to reduce these errors.
Individual Health Insurance. The Committee will examine
business practices in the individual health insurance market
that may compromise the accessibility or affordability of
coverage. The initial focus of this oversight will be the
practice of rescission, or retroactive termination of coverage
following the submission of claims by the insured individual.
The Committee will review the practices of insurers, the
activities of state regulatory agencies, and the enforcement of
consumer protections in the individual market by the Department
of Health and Human Services under the Health Insurance
Portability and Accountability Act.
Medicaid. The Committee will oversee the implementation of
the provisions of the economic recovery legislation relating to
Medicaid. The Committee will review the payment of additional
federal matching funds to states to ensure states deploy the
funds in an efficient and effective manner. The Committee will
examine whether states receiving this fiscal relief maintain
adequate Medicaid reimbursement levels for providers and
reimburse at an adequate rate to make services available. The
Committee will also monitor the response of the Department of
Health and Human Services and state Medicaid programs to the
needs of uninsured, unemployed workers and their families. In
addition, the Committee will examine the purchase of managed
care, prescription drugs, and other covered services to
determine whether greater efficiencies can be achieved for
federal and state taxpayers. The Committee will review the
costs and benefits of using private contractors in the
administration of the Medicaid program at the federal and state
level. The Committee will also review efforts to reduce waste,
fraud, and abuse in the program.
Medical Device Safety. The Committee will review FDA's
efforts to ensure the safety and effectiveness of medical
devices. The Committee will examine the gaps in the current
statutory authorities, both pre- and post-market, that FDA uses
to protect patients from unsafe or ineffective devices.
Medicare. The Committee will oversee the administration and
operation of the Medicare program by CMS and its contractors.
Among the areas of interest is the adequacy of Medicare payment
rates for primary care physicians under Part B; the
appropriateness of payments to Medicare Advantage plans; the
treatment of beneficiaries with chronic illness by Medicare
Advantage plans, particularly private fee-for-service plans;
and the business practices of Medicare Advantage plans and CMS
oversight of those practices. With respect to Medicare Part D,
the Committee will review the effectiveness of private plans'
administration of the program; the treatment of long-term care
patients; the annual reassignment of individuals who are
dually-eligible for Medicare and Medicaid; the treatment of
long-term care patients under Part D; the availability of
manufacturer rebates on drugs purchased by Medicare Part D
plans; and the oversight of Part D plans by CMS. The Committee
will also review efforts to reduce waste, fraud, and abuse in
the program.
Navajo Nation Uranium Contamination. The Committee will
monitor the clean-up of the surface and subsurface
contamination of the Navajo Nation resulting from uranium
mining and milling activities after World War II. Five federal
agencies have developed and are implementing five-year plans to
clean up the contamination and protect public health: the
Bureau of Indian Affairs, the Department of Energy, the
Environmental Protection Agency, the Indian Health Service, and
the Nuclear Regulatory Commission.
Nursing Homes. The Committee will examine the quality of
the nursing home care paid for by the Medicare and Medicaid
programs. The Committee will review the monitoring and
enforcement of quality standards by CMS and state survey
agencies.
Off-Label Marketing. The Committee will conduct oversight
of manufacturer marketing of prescription drugs and medical
devices for uses not approved by FDA. While off-label use of
drugs or devices is legal, the marketing of drugs or devices
for off-label uses is not. Off-label marketing can result in
unnecessary expenditures and raises potential safety and
effectiveness issues for patients. The Committee will review
the activities of the FDA, CMS, the Office of Inspector
General, and the Justice Department to investigate and
prosecute those manufacturers engaged in off-label marketing.
Privacy. The Committee will review adherence to and
enforcement of the security and privacy rules under the Health
Insurance Portability and Accountability Act (HIPAA). The
Committee will also oversee the implementation of the privacy
provisions in the economic recovery legislation by HHS. The
Committee will focus on the use of a patient's health
information by providers, health insurers, and others that
receive such identifiable information.
Safety Net Hospitals and Clinics. The Committee will
monitor the ability of public and private nonprofit hospitals
and clinics of last resort--those that treat all patients,
regardless of ability to pay--to maintain their service
capacity during the recession. Of particular concern to the
Committee is whether the specialized services that these
facilities provide that are of community-wide benefit, such as
trauma care, neonatal intensive care, and care for burn
victims, will be maintained in the face of increasing numbers
of unemployed, uninsured patients.
Vaccine Policy. The Committee will oversee the various
components of vaccine policy within HHS, including: the
development of the National Vaccine Plan; plans to procure and
stockpile vaccines for use in case of an influenza pandemic,
bioterror attack, or shortage of routinely administered
vaccines; efforts to increase the use of vaccines among adults
including healthcare workers; and access issues associated with
the Vaccines for Children program. The Committee will also
review the status of the Vaccine Injury Compensation Program.
COMMERCE, TRADE, AND CONSUMER PROTECTION ISSUES
Federal Trade Commission. The Committee will review the
management, operations, rulemaking, and enforcement actions of
the Federal Trade Commission. The Committee will examine the
Commission's consumer protection mission with specific focus on
consumer credit, including subprime mortgage lending, mortgage
servicing, and debt and foreclosure relief scams. In addition,
the Committee will review consumer protection activities
related to identity theft, privacy, and false and deceptive
advertising. The Committee will also review the Commission's
activities regarding competition and mergers.
Consumer Product Safety Commission. The Committee will
oversee implementation of the Consumer Product Safety
Improvement Act, which was enacted in August 2008. In
particular, the Committee will seek to ensure that the law's
bans on lead and phthalates in children's products are given
full effect and carried out in an effective and efficient
manner. The Committee also will oversee the Commission's
handling of critical deadlines under the law and the issuance
of implementing regulations. Finally, the Committee will
continue to review the Commission's overall operations,
including its authorized expansion to include five
commissioners and the modernization of its staff and
infrastructure.
Highway Safety. The Committee will review the management,
operations, and activities of the National Highway Traffic
Safety Administration, particularly as they relate to motor
vehicle safety.
International Trade. The Committee will monitor and examine
both multilateral trade agreements (including World Trade
Organization agreements) and bilateral agreements as those
agreements relate to industries, commodities, and services
within the Committee's jurisdiction, including
telecommunications, electronic commerce, consumer products,
energy, food, and drugs. The Committee will examine whether
these agreements adequately protect the interests of domestic
and foreign workers, consumers, and the environment. The
Committee will review programs, policies, and procedures of
various government agencies that are tasked with protecting the
international supply chain as it affects the U.S. economy and
U.S. consumers; evaluate policies that may impair the flow of
people and commerce across the nation's borders; and examine
opportunities to promote greater transparency in U.S. trade
negotiations.
COMMUNICATIONS, TECHNOLOGY AND INTERNET ISSUES
Federal Communications Commission. The Committee will
review the management, operations, and activities of the
Federal Communications Commission (FCC), including the effect
of its decisions on increasing competition, increasing the
availability of technologies and services, assuring widespread
deployment and reasonable rates for telecommunication and
broadband services, protecting consumers, assuring adequate
emergency communications capability, and otherwise serving the
public interest, convenience and necessity. The FCC's ongoing
efforts to manage the transition from analog to digital
broadcasting will be a continuing focus of the Committee. The
Committee will also examine the management and funding of the
FCC's Office of Inspector General (IG), particularly with
respect to whether the IG has adequate resources and the
institutional independence necessary to carry out its
responsibilities.
Public Safety Communications. The Committee will review
public safety communications, including the status of the
public safety network and related issues and matters under the
management of the Office of Emergency Communications.
Universal Service Reform. The Committee will investigate
waste, fraud, and abuse in the FCC's Universal Service Fund,
including the management and administration of the High Cost
program, the E-Rate program that pays to connect schools and
libraries to the Internet, and the Rural Health Care program.
Internet Governance and Operations. The Committee will
review programs and efforts to assure the safe, secure, lawful,
and robust functioning of the Internet. The Committee will also
examine issues regarding the structure of Internet governance,
including activities of the Internet Corporation for Assigned
Names and Numbers (ICANN).
National Telecommunications and Information Administration.
The Committee will review programs under the management of the
National Telecommunications and Information Administration
(NTIA). The Committee anticipates ongoing oversight of any NTIA
involvement in national broadband deployment grants.
Corporation for Public Broadcasting. The Committee will
continue to review activities and funding of the Corporation
for Public Broadcasting, the Public Broadcasting System,
National Public Radio, and Public Radio International, with a
particular focus on maintaining the independence of these
important functions and assuring that the public interest
remains paramount in their administration and management.
APPENDIX II
Legislative Activities
COMMITTEE ON ENERGY AND COMMERCE 111TH CONGRESS (2009-2010)
Statistical Summary of Committee Activities
Total Bills and Resolutions Referred to Committee............. 1483
Public Laws................................................... 38
Bills and Resolutions Reported to the House................... 70
Hearings Held:
Days of Hearings.......................................... 143
Full Committee........................................ 7
Subcommittee on Commerce, Trade, and Consumer
Protection.......................................... 38
Subcommittee on Communications, Technology, and the
Internet............................................ 30
Subcommittee on Energy and Environment................ 24
Subcommittee on Health................................ 43
Subcommittee on Oversight and Investigations.......... 24
Hours of Sitting.......................................... 490:47
Full Committee........................................ 20:53
Subcommittee on Commerce, Trade, and Consumer
Protection.......................................... 81:11
Subcommittee on Communications, Technology, and the
Internet............................................ 65:33
Subcommittee on Energy and Environment................ 92:57
Subcommittee on Health................................ 141:05
Subcommittee on Oversight and Investigations.......... 89:08
Legislative Markups:
Days of Markups........................................... 48
Full Committee........................................ 29
Subcommittee on Commerce, Trade, and Consumer
Protection.......................................... 6
Subcommittee on Communications, Technology, and the
Internet............................................ 4
Subcommittee on Energy and Environment................ 4
Subcommittee on Health................................ 5
Hours of Sitting.......................................... 147:37
Full Committee........................................ 119:47
Subcommittee on Commerce, Trade, and Consumer
Protection.......................................... 07:58
Subcommittee on Communications, Technology, and the
Internet............................................ 02:51
Subcommittee on Energy and Environment................ 09:38
Subcommittee on Health................................ 9:08
Business Meetings:
Days of Meetings.......................................... 3
Subcommittee on Full Committee........................ 3
Subcommittee on Oversight and Investigations.......... 0
Hours of Sitting.......................................... 01:05
Subcommittee on Full Committee........................ 01:05
Subcommittee on Oversight and Investigations.......... 0
APPENDIX III
COMMITTEE ON ENERGY AND COMMERCE
PUBLIC LAWS
This list includes: (1) legislation on which the Committee
on Energy and Commerce acted directly; (2) legislation
developed through Committee participation in House-Senate
conferences; and (3) legislation which included provisions
within the Committee's jurisdiction, including legislation
enacted by reference as part of other legislation.
PUBLIC LAWS: 38
------------------------------------------------------------------------
Public Law Date Approved Bill Title
------------------------------------------------------------------------
111-3 2/4/2009 H.R. 2 Children's
Health
Insurance
Program
Reauthorization
Act of 2009
111-4 2/9/2009 S. 352 The Digital
Television
Transition
Extension
111-5 2/17/2009 H.R. 1 The American
Recovery and
Reinvestment
Act
111-16 5/7/2010 H.R. 1626 Statutory Time
Periods
Technical
Amendments Act
of 2009
111-31 6/22/2009 H.R. 1256 Family Smoking
Prevention and
Tobacco Control
Act
111-47 8/6/2009 H.R. 3435 Consumer
Assistance to
Recycle and
Save Act
111-72 10/13/2009 H.R. 3663 To Amend Title
XVIII of the
Social Security
Act to Delay
the Date on
Which the
Accreditation
Requirement
Under the
Medicare
Program Applies
to Suppliers of
Durable Medical
Equipment that
are Pharmacies
111-87 10/30/2009 S. 1793 Ryan White HIV/
AIDS Treatment
Extension Act
of 2009
111-96 11/6/2009 S. 1694 To Allow the
Funding for the
Interoperable
Emergency
Communications
Grant Program
Established
Under the
Digital
Television
Transition and
Public Safety
Act of 2005 to
Remain
Available Until
Expended
Through Fiscal
Year 2012
111-117 12/16/2009 H.R. 3288 Medicare
Sustainable
Growth Rate
111-144 3/2/2010 H.R. 4691 The Temporary
Extension Act
of 2010
111-148 3/23/2010 H.R. 3590 Patient
Protection
Affordable Care
Act
111-152 3/30/2010 H.R. 4872 Health Care and
Education
Reconciliation
Act of 2010
111-157 4/15/2010 H.R. 4851 The Continuing
Extension Act
of 2010
111-175 5/27/2010 S. 3333 The Satellite
Television
Extension and
Localism Act of
2010
111-192 6/25/2010 H.R. 3962 The Preservation
of Access to
Care for
Medicare
Beneficiaries
and Pension
Relief Act of
2010
111-203 7/21/2010 H.R. 4173 Dodd-Frank Wall
Street Reform
and Consumer
Protection Act
111-260 10/8/2010 S. 3304 Twenty-First
Century
Communications
and Video
Accessibility
Act of 2010
111-264 10/8/2010 S. 3751 Stem Cell
therapeutic and
Research
Reauthorization
Act of 2010
111-265 10/8/2010 S. 3828 Making Technical
Corrections in
the Twenty-
First Century
Communications
and Video
Accessibility
Act of 2010
111-268 10/12/2010 H.R. 2923 Combat
Methamphetamine
Enhancement Act
of 2010
111-273 10/12/2010 S. 3397 Secure and
Responsible
Drug Disposal
Act of 2010
111-286 11/30/2010 H.R. 5712 The Physician
Payment and
Therapy Relief
Act of 2010
111-309 12/15/2010 H.R. 4994 Medicare and
Medicaid
Extenders Act
of 2010
111-311 12/15/2010 S. 2847 The Commercial
Advertisement
Loudness
Mitigation Act
(CALM Act)
111-313 12/18/2010 H.R. 2480 Truth in Fur
Labeling Act of
2010
111-324 12/22/2010 H.R. 2941 To Reauthorize
and Enhance
Johanna's Law
to Increase
Public
Awareness and
Knowledge with
Respect to
Gynecologic
Cancers
111-331 12/22/2010 S. 30 The Truth in
Caller ID Act
of 2010
111-337 12/22/2010 S. 3199 Early Hearing
Detection and
Intervention
Act of 2010
111-__ 12/29/2010 S. 3386 Restore Online
Shoppers'
Confidence Act
111-__ 12/29/2010 H.R. 6517 Omnibus Trade
Act of 2010
111-__ 1/2/2011 H.R. 847 James Zadroga 9/
11 Health and
Compensation
Act of 2010
------------------------------------------------------------------------
Cleared for White Bill Title
House
------------------------------------------------------------------------
Presented to the 12/28/2010 S. 3036 National
President Alzheimer's
Project Act
Presented to the 12/28/2010 S. 841 Pedestrian
President Safety
Enhancement Act
of 2010
Presented to the 12/28/2010 H.R. 6533 The Local
President Community Radio
Act of 2010
Presented to the 12/29/2010 H.R. 2751 Food Safety
President Enhancement Act
of 2009
Presented to the 12/29/2010 H.R. 5809 Diesel Emissions
President Reduction Act
of 2010
Presented to the 12/28/2010 H.R. 5470 Reduction of
President Lead in
Drinking Water
Act
------------------------------------------------------------------------
APPENDIX IV
PART A
PRINTED HEARINGS OF THE COMMITTEE ON ENERGY AND COMMERCE
------------------------------------------------------------------------
Serial No. Hearing Title Hearing Date(s)
------------------------------------------------------------------------
111-1 The U.S. Climate Action January 15, 2009
Partnership [Full
Committee].
111-2 The Salmonella February 11, 2009
Outbreak: The
Continued Failure to
Protect the Food
Supply [Subcommittee
on Oversight and
Investigations].
111-3 The Climate Crisis: February 12, 2009
National Security,
Public Health, and
Economic Threats
[Subcommittee on
Energy and
Environment].
111-4 Energy Efficiency: February 24, 2009
Complementary Policies
for Climate
Legislation
[Subcommittee on
Energy and
Environment].
111-5 Reauthorization of the February 24, 2009
Satellite Home Viewer
Extension and
Reauthorization Act
[Subcommittee on
Communications,
Technology, and the
Internet].
111-6 Renewable Energy: February 26, 2009
Complementary Policies
for Climate
Legislation
[Subcommittee on
Energy and
Environment].
111-7 Revisiting the Toxic February 26, 2009
Substances Control Act
of 1976 [Subcommittee
on Commerce, Trade,
and Consumer
Protection].
111-8 The Role of Offsets in March 5, 2009
Climate Legislation
[Subcommittee on
Energy and
Environment].
111-9 Consumer Protection in March 5, 2009
the Used and Subprime
Car Market
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-10 The Future of Coal March 10, 2009
Under Climate
Legislation
[Subcommittee on
Energy and
Environment].
111-11 Making Health Care Work March 10, 2009
for American Families:
Designing a High
Performing Healthcare
System [Subcommittee
on Health].
111-12 How Do We Fix Our March 11, 2009
Ailing Food Safety
System? [Subcommittee
on Health].
111-13 Universal Service: March 12, 2009
Reforming the High-
Cost Fund
[Subcommittee on
Communications,
Technology, and the
Internet].
111-14 Consumer Protection March 12, 2009
Policies in Climate
Legislation
[Subcommittee on
Energy and
Environment].
111-15 Stimulating the Economy March 17, 2009
through Trade:
Examining the Role of
Export Promotion
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-16 Making Health Care Work March 17, 2009
for American Families:
Ensuring Affordable
Coverage [Subcommittee
on Health].
111-17 Competitiveness and March 18, 2009
Climate Policy:
Avoiding Leakage of
Jobs and Emissions
[Subcommittee on
Energy and
Environment].
111-18 The Salmonella March 19, 2009
Outbreak: The Role of
Industry in Protecting
the Nation's Food
Supply [Subcommittee
on Oversight and
Investigations].
111-19 Consumer Credit and March 24, 2009
Debt: The Role of the
Federal Trade
Commission in
Protecting the Public
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-20 Making Health Care Work March 24, 2009
for American Families:
Improving Access to
Care [Subcommittee on
Health].
111-21 Preparing for Climate March 25, 2009
Change: Adaptation
Policies and Programs
[Subcommittee on
Energy and
Environment].
111-22 Institutional Review March 26, 2009
Boards that Oversee
Experimental Human
Testing for Profit
[Subcommittee on
Oversight and
Investigations].
111-23 Oversight of the March 26, 2009
Digital Television
Transition
[Subcommittee on
Communications,
Technology, and the
Internet].
111-24 Making Health Care Work March 31, 2009
for American Families:
The Role of Public
Health [Subcommittee
on Health].
111-25 H.R. 1706, the March 31, 2009
Protecting Consumer
Access to Generic
Drugs Act of 2009
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-26 Oversight of the April 2, 2009
American Recovery and
Reinvestment Act of
2009: Broadband
[Subcommittee on
Communications,
Technology, and the
Internet].
111-27 Making Health Care Work April 2, 2009
for American Families:
Saving Money, Saving
Lives [Subcommittee on
Health].
111-28 Secrecy in the Response April 21, 2009
to Bayer's Fatal
Chemical Plant
Explosion
[Subcommittee on
Oversight and
Investigations].
111-29 The American Clean April 21, 2009
Energy Security Act of April 22, 2009
2009 [Full Committee April 23, 2009
and Subcommittee on April 24, 2009
Energy and
Environment].
111-30 H.R. 847, the James April 22, 2009
Zadroga 9/11 Health
and Compensation Act
of 2009 [Subcommittee
on Health].
111-31 Communications Networks April 23, 2009
and Consumer Privacy:
Recent Developments
[Subcommittee on
Communications,
Technology, and the
Internet].
111-32 Examining the Status of April 27, 2009
U.S. Trade with Cuba
and its Impact on
Economic Growth
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-33 Swine Flu Outbreak and April 30, 2009
the U.S. Federal
Response [Subcommittee
on Health].
111-34 The Bowl Championship May 1, 2009
Series: Money and
Other Issues of
Fairness for Publicly
Financed Universities
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-35 Cybersecurity: Network May 1, 2009
Threats and Policy
Challenges
[Subcommittee on
Communications,
Technology, and the
Internet].
111-36 H.R. 2221, the Data May 5, 2009
Accountability and
Protection Act, and
H.R. 1319, the
Informed P2P User Act
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-37 An Examination of May 7, 2009
Competition in the
Wireless Industry
[Subcommittee on
Communications,
Technology, and the
Internet].
111-38 H.R. 2309, the Consumer May 12, 2009
Credit and Debt
Protection Act, and
H.R. 2190, the Mercury
Pollution Reduction
Act [Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-39 H.R. 1346, the Medical May 12, 2009
Device Safety Act of
2009 [Subcommittee on
Health].
111-40 Auto Safety: Current May 18, 2009
Mandates and Emerging
Issues [Subcommittee
on Commerce, Trade,
and Consumer
Protection].
111-41 Food Safety Enhancement June 3, 2009
Act of 2009 Discussion
Draft [Subcommittee on
Health].
111-42 Oversight of the June 4, 2009
Internet Corporation
for Assigned Names and
Numbers (ICANN)
[Subcommittee on
Communications,
Technology, and the
Internet].
111-43 Commercial Sales of June 4, 2009
Military Technologies
[Subcommittee on
Oversight and
Investigations].
111-44 Allowance Allocation June 9, 2009
Policies in Climate
Legislation: Assisting
Consumers, Investing
in a Clean Energy
Future, and Adapting
to Climate Change
[Subcommittee on
Energy and
Environment].
111-45 It's Too Easy Being June 9, 2009
Green: Defining Fair
Green Marketing
Practices
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-46 Emerging Health Care June 11, 2009
Issues: Follow-on
Biologic Drug
Competition
[Subcommittee on
Health].
111-47 H.R. 1084, the June 11, 2009
Commercial
Advertisement Loudness
Mitigation (CALM) Act,
H.R. 1147, the Local
Community Radio Act of
2009, and H.R. 1133,
the Family Telephone
Connection Protection
Act of 2009
[Subcommittee on
Communications,
Technology, and the
Internet].
111-48 The Future of the Grid: June 12, 2009
Proposals for
Reforming National
Transmission Policy
[Subcommittee on
Energy and
Environment].
111-49 GM and Chrysler June 12, 2009
Dealership Closures
and Restructuring
[Subcommittee on
Oversight and
Investigations].
111-50 Terminations of June 16, 2009
Individual Health
Policies by Insurance
Companies
[Subcommittee on
Oversight and
Investigations].
111-51 Discussion Draft of June 16, 2009
Legislation to
Reauthorize the
Satellite Home Viewer
Act [Subcommittee on
Communications,
Technology, and the
Internet].
111-52 Medical Devices: Are June 18, 2009
Current Regulations
Doing Enough for
Patients?
[Subcommittee on
Health].
111-53 Behavioral Advertising: June 18, 2009
Industry Practices and
Consumers'
Expectations
[Subcommittee on
Communications,
Technology, and the
Internet and
Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-54 Comprehensive Health June 23, 2009
Care Reform Discussion June 24, 2009
Draft [Full Committee June 25, 2009
and Subcommittee on
Health].
111-55 U.S.-Africa Trade June 24, 2009
Relations: Creating a
Platform for Economic
Growth [Subcommittee
on Commerce, Trade,
and Consumer
Protection and House
Foreign Affairs
Subcommittee on Africa
and Global Health].
111-56 Regulation of Bottled July 8, 2009
Water [Subcommittee on
Oversight and
Investigations].
111-57 The Proposed Consumer July 8, 2009
Financial Protection
Agency: Implications
for Consumers and the
FTC [Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-58 Terminations of Health July 27, 2009
Policies by Insurance
Companies: State
Perspectives and
Legislative Solutions
[Subcommittee on
Oversight and
Investigations].
111-59 Oversight of Cemeteries July 27, 2009
and Other Funeral
Services: Who's in
Charge? [Subcommittee
on Commerce, Trade,
and Consumer
Protection].
111-60 Ryan White CARE Act September 9, 2009
Amendments of 2009
Discussion Draft
Legislation
[Subcommittee on
Health].
111-61 H.R. 3276, the American September 9, 2009
Medical Isotopes
Production Act of
2009: Solving the
Medical Isotopes
Crisis [Subcommittee
on Energy and
Environment].
111-62 Oversight of the September 10, 2009
American Recovery and
Reinvestment Act:
Broadband, Part 2
[Subcommittee on
Communications,
Technology, and the
Internet].
111-63 Consumer Product Safety September 10, 2009
Commission Oversight:
Current Issues and a
Vision for the Future
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-64 Preparing for the 2009 September 15, 2009
Pandemic Flu [Full
Committee].
111-65 Oversight of the September 17, 2009
Federal Communications
Commission
[Subcommittee on
Communications,
Technology, and the
Internet].
111-66 Federal Oversight of September 22, 2009
High Containment Bio-
Laboratories
[Subcommittee on
Oversight and
Investigations].
111-67 A National September 24, 2009
Interoperable
Broadband Network for
Public Safety: Recent
Developments
[Subcommittee on
Communications,
Technology, and the
Internet].
111-68 H.R. 3258, the Drinking October 1, 2009
Water System Security
Act of 2009, and H.R.
2868, the Chemical
Facility Anti-
Terrorism Act of 2009
[Subcommittee on
Energy and
Environment].
111-69 H.R. 1740, the Breast October 7, 2009
Cancer Education and
Awareness Requires
Learning Young Act of
2009, H.R. 1691, the
Breast Cancer Patient
Protection Act of
2009, H.R. 2279, the
Eliminating
Disparities in Breast
Cancer Treatment Act
of 2009, and H.R. 995,
the Mammogram and MRI
Availability Act of
2009 [Subcommittee on
Health].
111-70 Growing U.S. Trade in October 7, 2009
Green Technology
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-71 The Minority Business October 15, 2009
Development Agency:
Enhancing the
Prospects for Success
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-72 Insured But Not October 15, 2009
Covered: The Problem
of Underinsurance
[Subcommittee on
Oversight and
Investigations].
111-73 H.R. 515, the October 16, 2009
Radioactive Import
Deterrence Act
[Subcommittee on
Energy and
Environment].
111-74 H.R. 2708, the Indian October 20, 2009
Health Care
Improvement Act
Amendments of 2009
[Subcommittee on
Health].
111-75 The High Cost of Small October 20, 2009
Business Health
Insurance: Limited
Options, Limited
Coverage [Subcommittee
on Oversight and
Investigations].
111-76 Video Competition in a October 22, 2009
Digital Age
[Subcommittee on
Communications,
Technology, and the
Internet].
111-77 Protecting the Electric October 27, 2009
Grid: H.R. 2165, the
Bulk Power System
Protection Act of
2009, and H.R. 2195
[Subcommittee on
Energy and
Environment].
111-78 The NFL StarCaps Case: November 3, 2009
Are Sports' Anti-
Doping Programs at a
Legal Crossroads?
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-79 Driven To Distraction: November 4, 2009
Technological Devices
and Vehicle Safety
[Subcommittee on
Commerce, Trade, and
Consumer Protection
and Subcommittee on
Communications,
Technology, and the
Internet].
111-80 Prioritizing Chemicals November 17, 2009
for Safety
Determination
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-81 Universal Service November 17, 2009
Reform Act of 2009
Discussion Draft
[Subcommittee on
Communications,
Technology, and the
Internet].
111-82 H1N1 Preparedness: An November 18, 2009
Overview of Vaccine
Production and
Distribution
[Subcommittee on
Health and
Subcommittee on
Oversight and
Investigations].
111-83 Exploring the Offline November 19, 2009
and Online Collection
and Use of Consumer
Information
[Subcommittee on
Commerce, Trade, and
Consumer Protection
and Subcommittee on
Communications,
Technology, and the
Internet].
111-84 Impacts of H.R. 3795, December 2, 2009
the Over-the-Counter
Derivatives Markets
Act of 2009, on Energy
Markets [Subcommittee
on Energy and
Environment].
111-85 Breast Cancer Screening December 2, 2009
Recommendations
[Subcommittee on
Health].
111-86 H.R. 3993, the Calling December 3, 2009
Card Consumer
Protection Act of 2009
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-87 Prescription Drug Price December 8, 2009
Inflation: Are Prices
Rising Too Fast?
[Subcommittee on
Health].
111-88 Drinking Water and December 10, 2009
Public Health Impacts
of Coal Combustion
Waste Disposal
[Subcommittee on
Energy and
Environment].
111-89 H.R. 3125, the Radio December 15, 2009
Spectrum Inventory
Act, and H.R. 3019,
the Spectrum
Relocation Improvement
Act of 2009
[Subcommittee on
Communications,
Technology, and the
Internet].
111-90 Innovations in December 16, 2009
Addressing Childhood
Obesity [Subcommittee
on Health].
111-91 The ExxonMobil-XTO January 20, 2010
Merger: Impacts on
U.S. Energy Markets
[Subcommittee on
Energy and
Environment].
111-92 Crib Safety: Assessing January 21, 2010
the Need for Better
Oversight
[Subcommittee on
Oversight and
Investigations].
111-93 H.R. 3655, the Bereaved January 27, 2010
Consumer's Bill of
Rights Act of 2009
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-94 An Examination of the February 4, 2010
Proposed Combination
of Comcast and NBC
Universal
[Subcommittee on
Communications,
Technology, and the
Internet].
111-95 A Review of the February 4, 2010
Department of Health
and Human Services
Fiscal Year 2011
Budget [Full
Committee].
111-96 Response by Toyota and February 23, 2010
NHTSA to Incidents of
Sudden Unintended
Acceleration
[Subcommittee on
Oversight and
Investigations].
111-97 Premium Increases by February 24, 2010
Anthem Blue Cross in
the Individual Health
Insurance Market
[Subcommittee on
Oversight and
Investigations].
111-98 The Collection and Use February 24, 2010
of Location
Information for
Commercial Purposes
[Subcommittee on
Commerce, Trade, and
Consumer Protection
and Subcommittee on
Communications,
Technology, and the
Internet].
111-99 Endocrine Disrupting February 25, 2010
Chemicals in Drinking
Water: Risks to Human
Health and the
Environment
[Subcommittee on
Energy and
Environment].
111-100 Medical Radiation: An February 26, 2010
Overview of the Issues
[Subcommittee on
Health].
111-101 Oversight of the March 4, 2010
American Recovery and
Reinvestment Act:
Broadband, Part 3
[Subcommittee on
Communications,
Technology, and the
Internet].
111-102 TSCA and Persistent, March 4, 2010
Bioaccumulative, and
Toxic Chemicals:
Examining Domestic and
International Actions
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-103 Drug Safety: An Update March 10, 2010
from the Food and Drug
Administration
[Subcommittee on
Health].
111-104 NHTSA Oversight: The March 11, 2010
Road Ahead
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-105 HomeStar: Job Creation March 18, 2010
Through Home Energy
Retrofits
[Subcommittee on
Energy and
Environment].
111-106 H.R. 1796, the March 18, 2010
Residential Carbon
Monoxide Poisoning
Prevention Act, and
H.R. 4805, the
Formaldehyde Standards
for Composite Wood
Products Act
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-107 Oversight of the March 23, 2010
Federal Energy
Regulatory Commission
[Subcommittee on
Energy and
Environment].
111-108 NCI Cancer Research: March 23, 2010
Today's Progress;
Tomorrow's Challenges
[Subcommittee on
Health].
111-109 Oversight of the March 25, 2010
Federal Communications
Commission: The
National Broadband
Plan [Subcommittee on
Communications,
Technology, and the
Internet].
111-110 Smokeless Tobacco: April 14, 2010
Impact on the Health
of our Nation's Youth
and Use in Major
League Baseball
[Subcommittee on
Health].
111-111 The National Broadband April 21, 2010
Plan: Deploying
Quality Broadband
Services to the Last
Mile [Subcommittee on
Communications,
Technology, and the
Internet].
111-112 The Environment and April 22, 2010
Human Health: HHS'
Role [Subcommittee on
Health].
111-113 Clean Energy Policies April 28, 2010
That Reduce Our
Dependence on Oil
[Subcommittee on
Energy and
Environment].
110-114 Public Sales of April 28, 2010
Hurricane Katrina/Rita
FEMA Trailers: Are
They Safe or
Environmental Time
Bombs? [Subcommittee
on Commerce, Trade,
and Consumer
Protection].
111-115 Antibiotic Resistance April 28, 2010
and the Threat to
Public Health
[Subcommittee on
Health].
111-116 H. R. __, the Consumer April 29, 2010
Product Safety
Enhancement Act
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-117 The National Broadband April 29, 2010
Plan: Competitive
Availability of
Navigation Devices
[Subcommittee on
Communications,
Technology, and the
Internet].
111-118 The Role and May 6, 2010
Performance of FDA in
Ensuring Food Safety
[Subcommittee on
Oversight and
Investigations].
111-119 H.R. 4700, the May 6, 2010
Transparency in All
Health Care Pricing
Act of 2010; H.R.
2249, the Health Care
Price Transparency
Promotion Act of 2009;
and H.R. 4803, the
Patients' Right to
Know Act [Subcommittee
on Health].
111-120 H.R. __, the Motor May 6, 2010
Vehicle Safety Act of
2010 [Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-121 Prematurity and Infant May 12, 2010
Mortality: What
Happens When Babies
Are Born Too Early?
[Subcommittee on
Health].
111-122 Inquiry into the May 12, 2010
Deepwater Horizon Gulf
Coast Oil Spill
[Subcommittee on
Oversight and
Investigations].
111-123 H.R. 4501, the May 13, 2010
Guarantee of a
Legitimate Deal Act,
and H.R. 2480, the
Truth in Fur Labeling
Act [Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-124 The National Broadband May 13, 2010
Plan: Promoting
Broadband Adoption
[Subcommittee on
Communications,
Technology, and the
Internet].
111-125 H.R. __, the May 13, 2010
Assistance, Quality,
and Affordability Act
of 2010 [Subcommittee
on Energy and
Environment].
111-126 Update on Toyota and May 20, 2010
NHTSA's Response to
the Problem of Sudden
Unintended
Acceleration
[Subcommittee on
Oversight and
Investigations].
111-127 Effects of Developments May 27, 2010
in Synthetic Genomics
[Full Committee].
111-128 Combating the BP Oil May 27, 2010
Spill [Subcommittee on
Energy and
Environment].
111-129 Local Impact of the June 7, 2010
Deepwater Horizon Oil
Spill [Subcommittee on
Oversight and
Investigations].
111-130 Promoting the June 9, 2010
Development of
Antibiotics and
Ensuring Judicious Use
in Humans
[Subcommittee on
Health].
111-131 H.R. 3101, the Twenty- June 10, 2010
First Century
Communications and
Video Accessibility
Act of 2009
[Subcommittee on
Communications,
Technology, and the
Internet].
111-132 The BP Oil Spill: Human June 10, 2010
Exposure and
Environmental Fate
[Subcommittee on
Energy and
Environment].
111-133 NIH in the 21st June 15, 2010
Century: The
Director's Perspective
[Subcommittee on
Health].
111-134 Drilling Down on June 15, 2010
America's Energy
Future: Safety,
Security and Clean
Energy [Subcommittee
on Energy and
Environment].
111-135 HHS Actions to Identify June 16, 2010
and Address Health
Effects of the BP Oil
Spill [Subcommittee on
Health].
111-136 H.R. 4678, the Foreign June 16, 2010
Manufacturers Legal
Accountability Act,
and H.R. 5156, the
Clean Energy
Technology
Manufacturing and
Export Assistance Act
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-137 The Role of BP in the June 17, 2010
Deepwater Horizon
Explosion and Oil
Spill [Subcommittee on
Oversight and
Investigations].
111-138 Discussion Draft to June 17, 2010
Provide Funding for
the Construction and
Maintenance of a
Nationwide,
Interoperable Public
Safety Broadband
Network, and for Other
Purposes, and H.R.
4829, the Next
Generation 911
Preservation Act of
2010 [Subcommittee on
Communications,
Technology, and the
Internet].
111-139 MedPAC's June 2010 June 23, 2010
Report to Congress:
Aligning Incentives in
Medicare [Subcommittee
on Health].
111-140 Legislation to Respond June 30, 2010
to the BP Oil Spill
and Prevent Future Oil
Well Blowouts
[Subcommittee on
Energy and
Environment].
111-141 The Battle Against July 1, 2010
Diabetes: Progress
Made; Challenges Unmet
[Subcommittee on
Health].
111-142 Comcast and NBC July 8, 2010
Universal: Who
Benefits?
[Subcommittee on
Communications,
Technology, and the
Internet].
111-143 H.R. 4692, the National July 14, 2010
Manufacturing Strategy
Act of 2010
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-144 Antibiotic Resistance July 14, 2010
and the Use of
Antibiotics in Animal
Agriculture
[Subcommittee on
Health].
111-145 The Role of the July 20, 2010
Interior Department in
the Deepwater Horizon
Disaster [Subcommittee
on Energy and
Environment and
Subcommittee on
Oversight and
Investigations].
111-146 H.R. 5710, the National July 22, 2010
All-Schedules
Electronic Reporting
Reauthorization Act of
2010, and H.R. 5809,
the Safe Drug Disposal
Act [Subcommittee on
Health].
111-147 H.R. 5777, the BEST July 22, 2010
PRACTICES Act, and
H.R. --------, a
discussion draft to
require notice to and
consent of an
individual prior to
the collection and
disclosure of certain
personal information
relating to that
individual
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-148 Direct-To-Consumer July 22, 2010
Genetic Testing and
the Consequences to
the Public Health
[Subcommittee on
Oversight and
Investigations].
111-149 Implementation of the July 27, 2010
Health Information
Technology for
Economic and Clinical
Health (HITECH) Act
[Subcommittee on
Health].
111-150 The BP Oil Spill and July 27, 2010
Gulf Coast Tourism:
Assessing the Impact
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-151 H.R. 5820, the Toxic July 29, 2010
Chemicals Safety Act
of 2010 [Subcommittee
on Commerce, Trade,
and Consumer
Protection].
111-152 The BP Oil Spill: August 19, 2010
Accounting for the
Spilled Oil and
Ensuring the Safety of
Seafood from the Gulf
[Subcommittee on
Energy and
Environment].
111-153 Protecting School-Aged September 8, 2010
Children from Sports-
Related Concussion
Injury [Subcommittee
on Health].
111-154 Pending Public Health September 15, 2010
Legislation
[Subcommittee on
Health].
111-155 Medicare's Competitive September 15, 2010
Bidding Program for
Durable Medical
Equipment:
Implications for
Quality, Cost and
Access [Subcommittee
on Health].
111-156 H.R. 5828, the September 16, 2010
Universal Service
Reform Act of 2010
[Subcommittee on
Communications,
Technology, and the
Internet].
111-157 The Outbreak of September 22, 2010
Salmonella in Eggs
[Subcommittee on
Oversight and
Investigations].
111-158 Cutting Waste, Fraud, September 22, 2010
and Abuse in Medicare
and Medicaid
[Subcommittee on
Health].
111-159 Pipeline Safety September 23, 2010
Oversight and
Legislation
[Subcommittee on
Energy and
Environment].
111-160 H.R. 6149, the Coin and September 23, 2010
Precious Metal
Disclosure Act
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-161 Discussion Draft of September 30, 2010
Drug Safety
Legislation
[Subcommittee on
Health].
111-162 Do-Not-Track December 2, 2010
Legislation: Is Now
the Right Time?
[Subcommittee on
Commerce, Trade, and
Consumer Protection].
111-163 Alzheimer's Disease: December 9, 2010
The Ongoing Challenges
[Subcommittee on
Health].
------------------------------------------------------------------------
PART B
COMMITTEE PRINTS
------------------------------------------------------------------------
Serial No. Committee Print Title Date
------------------------------------------------------------------------
111-A Compilation of Patient November 2010
Protection and
Affordable Care Act As
Amended Through
November 1, 2010
[Committee on Energy
and Commerce].
111-B Compilation of Selected January 2011
Acts within the
Jurisdiction of the
Committee on Energy
and Commerce Health
Law Public Health
Service Act As Amended
Through January 2,
2011 [Committee on
Energy and Commerce].
------------------------------------------------------------------------