[House Report 110-937]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-937
_______________________________________________________________________
Union Calendar No. 610
REPORT ON THE ACTIVITY
of the
COMMITTEE ON ENERGY AND COMMERCE
for the
ONE HUNDRED TENTH CONGRESS
January 3, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
MEMBERSHIP OF THE COMMITTEE ON ENERGY AND COMMERCE
One Hundred Tenth Congress
(Ratio 31-26)
JOHN D. DINGELL, Michigan, Chairman
HENRY A. WAXMAN, California JOE BARTON, Texas
EDWARD J. MARKEY, Massachusetts RALPH M. HALL, Texas
RICK BOUCHER, Virginia FRED UPTON, Michigan
EDOLPHUS TOWNS, New York CLIFF STEARNS, Florida
FRANK PALLONE, Jr., New Jersey NATHAN DEAL, Georgia
BART GORDON, Tennessee ED WHITFIELD, Kentucky
BOBBY L. RUSH, Illinois BARBARA CUBIN, Wyoming
ANNA G. ESHOO, California JOHN SHIMKUS, Illinois
BART STUPAK, Michigan HEATHER WILSON, New Mexico
ELIOT L. ENGEL, New York JOHN B. SHADEGG, Arizona
GENE GREEN, Texas CHARLES W. ``CHIP'' PICKERING,
DIANA DeGETTE, Colorado Mississippi
Vice Chair VITO FOSSELLA, New York
LOIS CAPPS, California ROY BLUNT, Missouri
MIKE DOYLE, Pennsylvania STEVE BUYER, Indiana
JANE HARMAN, California GEORGE RADANOVICH, California
TOM ALLEN, Maine JOSEPH R. PITTS, Pennsylvania
JAN SCHAKOWSKY, Illinois MARY BONO MACK, California
HILDA L. SOLIS, California GREG WALDEN, Oregon
CHARLES A. GONZALEZ, Texas LEE TERRY, Nebraska
JAY INSLEE, Washington MIKE FERGUSON, New Jersey
TAMMY BALDWIN, Wisconsin MIKE ROGERS, Michigan
MIKE ROSS, Arkansas SUE WILKINS MYRICK, North Carolina
DARLENE HOOLEY, Oregon JOHN SULLIVAN, Oklahoma
ANTHONY D. WIENER, New York TIM MURPHY, Pennsylvania
JIM MATHESON, Utah MICHAEL C. BURGESS, Texas
G.K. BUTTERFIELD, North Carolina MARSHA BLACKBURN, Tennessee
CHARLIE MELANCON, Louisiana
JOHN BARROW, Georgia
BARON P. HILL, Indiana
DORIS O. MATSUI, California
Committee Organization and Membership Changes
The Committee on Energy and Commerce organized on January
10, 2007, the Honorable John D. Dingell (D-MI), presiding.
Seven were new to the Committee at the beginning of the
Congress: Ms. Hooley, Messrs. Weiner, Matheson, Butterfield,
Melancon, Barrow, and Hill.
One vacancy was created by the death of Hon. Charles W.
Norwood, Jr. (R-GA) on February 13, 2007. This vacancy was
later filled on March 13, 2007, by Hon. Marsha Blackburn (R-
TN), who served on this Committee in the previous, to rank
after Rep. Burgess. Rep. Blackburn assumed the subcommittee
vacancies left by the death of Rep. Norwood.
A number of other changes occurred in the first session of
the 110th Congress regarding the membership of the Committee
and its subcommittees. Soon after the Committee organization in
January, Ms. Hooley (D-OR) resigned from the Subcommittee on
Environment and Hazardous Materials and was replaced by Ms.
Schakowsky (D-IL), to rank after Mr. Green (D-TX). Mr. Sullivan
(R-OK) took a temporary leave of absence from the Committee and
was replaced by Hon. Paul E. Gillmor (R-OH) on June 19, 2007.
Mr. Gillmor was assigned to the Subcommittee on Health by
unanimous consent. On June 27, 2007, Mr. Gillmor resigned from
the Committee and Mr. Sullivan was elected to return to the
Committee and his subcommittee assignments. A vacancy was
created by the resignation from the House of Representatives of
Hon. Dennis Hastert (R-IL) on November 27, 2007. The
resignation of Mr. Hastert left a vacancy in the ranking
Republican member of the Subcommittee. This vacancy was
subsequently filled on December 18, 2007, with the election to
the Committee of Hon. Roy Blunt (R-MO), to rank after Mr.
Fossella (R-NY).
On December 13, 2007, the Ranking minority member, Rep.
Barton (R-TX), presented a resolution that was approved by the
Committee making certain changes in the Republican membership
and Ranking Members of the standing subcommittees for the One
Hundred Tenth Congress, due to the retirement of Mr. Hastert.
The Ranking Minority members of the Subcommittee changed as
follows: Mr. Upton (R-MI) for Subcommittee on Energy and Air
Quality; Mr. Stearns for Subcommittee on Telecommunications and
the Internet; Mr. Whitfield (R-KY) for Subcommittee on
Commerce, Trade, and Consumer Protection; Mr. Shimkus (R-IL)
for Subcommittee on Oversight and Investigations; and Mr.
Shadegg (R-AZ) for Subcommittee on Environment and Hazardous
Materials. On December 18, 2007, the Committee approved the
appointment of Mr. Blunt to the Subcommittee on Energy and Air
Quality, to rank behind Mr. Pickering (R-MS). Further changes
to the Republican membership were made in a resolution offered
by Mr. Shimkus in full Committee markup on March 13, 2008.
In the second session of the 110th Congress, Hon. Albert R.
Wynn (D-MD), chairman of the Subcommittee on Environment and
Hazardous Materials, resigned on April 9, 2008, from the
Committee on Energy and Commerce. The vacancy created by his
resignation was filled by Hon. Doris Matsui (D-CA), who was
elected to the Committee on June 18, 2008. Ms. Matsui became a
member of the Subcommittee on Environment and Hazardous
Materials, ranking behind Ms. Schakowsky, and the Subcommittee
on Energy and Air Quality, ranking after Mr. Matheson (D-UT).
Mr. Green was approved to serve as Chairman of the
Subcommittee on Environment and Hazardous Materials on July 18,
2008, to fill the vacancy created by the resignation of Mr.
Wynn. Ms. Capps (D-CA) was appointed on June 18, 2008, by
Chairman Dingell to serve as Vice Chair of the Subcommittee on
Health, which was formerly held by Mr. Green.
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, January 3, 2009.
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 110th Congress, including the Committee's review and
study of legislation within its jurisdiction and the oversight
activities undertaken by the Committee.
With every good wish,
Sincerely,
John D. Dingell,
Chairman.
C O N T E N T S
----------
Page
Jurisdiction..................................................... 1
Rules for the Committee.......................................... 3
Members and Organization......................................... 11
Legislative and Oversight Summary................................ 19
Subcommittee on Commerce, Trade, and Consumer Protection......... 21
Subcommittee on Energy and Air Quality........................... 45
Subcommittee on Environment and Hazardous Materials.............. 61
Subcommittee on Health........................................... 73
Subcommittee on Oversight and Investigations..................... 197
Subcommittee on Telecommunications and the Internet.............. 243
Oversight Plan for the 110th Congress............................ 273
Appendix I--Statistical Summary of Activity...................... 291
Appendix II--Public Laws......................................... 293
Appendix III--Publications of the Committee...................... 295
Union Calendar No. 610
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-937
======================================================================
REPORT ON THE ACTIVITY OF THE COMMITTEE ON ENERGY AND COMMERCE FOR THE
110TH CONGRESS
_______
January 3, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Dingell, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
ACTIVITY OF THE COMMITTEE ON ENERGY AND COMMERCE, 110th CONGRESS
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, 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, 110TH CONGRESS
(Adopted January 10, 2007)
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,
except that a motion to recess from day to day, and a motion to
dispense with the first reading (in full) of a bill or
resolution, if printed copies are available, is nondebatable
and privileged in the Committee and its subcommittees.
(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.--Time and Place of 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) 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.
(d) Open Meetings and Hearings.--Except as provided by the
Rules of the House, each meeting 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 3.--Agenda
The agenda for each Committee or subcommittee meeting
(other than a hearing), setting out the date, time, place, and
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.
Rule 4.--Procedure
(a)(1) Hearings.--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 the Committee or
subcommittee determines 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.
(2)(A) Meetings.--The date, time, place, and subject matter
of any meeting (other than a hearing) 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.
(3) Motions.--Pursuant to clause 1(a)(2) of rule XI of the
Rules of the House, privileged motions to recess from day to
day, or recess subject to the call of the Chair (within 24
hours), and to dispense with the first reading (in full) of a
bill or resolution if printed copies are available shall be
decided without debate.
(B) Other Meetings.--The date, time, place, and subject
matter of a meeting (other than a hearing or a meeting to which
subparagraph (A) applies) shall be announced at least 72 hours
in advance of the commencement of such meeting.
(b)(1) Requirements for Testimony.--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) Additional Requirements for Testimony.--To the greatest
extent practicable, the written testimony of each witness
appearing in a non-governmental 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.
(c)(1) Questioning Witnesses.--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 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) Questions for the Record.--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.
(d) Explanation of Subcommittee Action.--No bill,
recommendation, or other matter reported by a subcommittee
shall be considered by the full 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. All subcommittee actions shall be
reported promptly by the clerk of the Committee to all members
of the Committee.
(e) Opening Statements.--(1) All written opening statements
at hearings conducted by the committee or any of its
subcommittees shall be made part of the permanent hearing
record.
(2) 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. With the consent of the
Committee, prior to the recognition of the first witness for
testimony, any Member, when recognized for an opening
statement, may completely defer his or her opening statement
and instead use those three minutes during the initial round of
questioning.
(3) At any hearing 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. At any hearing conducted by any
subcommittee, the chairman of thatsubcommittee, with the
consent of its ranking minority member, may reduce the time for
statements by members or defer statements until the conclusion of
testimony.
Rule 5.--Waiver of Agenda, Notice, and Layover Requirements
Requirements of rules 3, 4(a)(2), and 4(d) may be waived by
a majority of those present and voting (a majority being
present) of the Committee or subcommittee, as the case may be.
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 shall constitute a quorum for the
purposes of reporting any measure or matter, of authorizing a
subpoena, or of closing a meeting or hearing pursuant to clause
2(g) of Rule XI of the Rules of the House (except as provided
in clause 2(g)(2)(A) and (B)). For the purposes of taking any
action other than those specified in the preceding sentence,
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 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 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.
(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
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.
Rule 9.--Powers and Duties of Subcommittees
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.
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 subcommittee having legislative or
oversight jurisdiction.
Rule 11.--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.
Rule 12.--Subcommittee Membership
(a) 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.
(b) 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.
Rule 13.--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 14.--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 orits 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 15.--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 16.--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 110th 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 17.--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 18.--Comptroller General Audits
The chairman of the Committee is authorized to request
verification examinations by the Comptroller General of the
United States pursuant to Title V, Part A of the Energy Policy
and Conservation Act (Public Law 94-163), after consultation
with the members of the Committee.
Rule 19.--Subpoenas
The Committee, or any subcommittee, may authorize and issue
a subpoena under clause 2(m)(2)(A) of Rule XI of the House, if
authorized by a majority of the members of the Committee or
subcommittee (as the case may be) voting, a quorum being
present. Authorized subpoenas may be issued over the signature
of the chairman of the Committee or any member designated by
the Committee, and may be served by any person designated by
such chairman or member. The chairman of the Committee may
authorize and issue subpoenas under such clause 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 to obtain the
material set forth in the subpoena. 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 20.--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).
MEMBERSHIP AND ORGANIZATION OF THE COMMITTEE ON ENERGY AND COMMERCE
One Hundred Tenth Congress
Committee on Energy and Commerce
(Ratio 31-26)
JOHN D. DINGELL, Michigan,
Chairman
JOE BARTON, Texas HENRY A. WAXMAN, California
RALPH M. HALL, Texas EDWARD J. MARKEY, Massachusetts
FRED UPTON, Michigan RICK BOUCHER, Virginia
CLIFF STEARNS, Florida EDOLPHUS TOWNS, New York
NATHAN DEAL, Georgia FRANK PALLONE, Jr., New Jersey
ED WHITFIELD, Kentucky BART GORDON, Tennessee
BARBARA CUBIN, Wyoming BOBBY L. RUSH, Illinois
JOHN SHIMKUS, Illinois ANNA G. ESHOO, California
HEATHER WILSON, New Mexico BART STUPAK, Michigan
JOHN B. SHADEGG, Arizona ELIOT L. ENGEL, New York
CHARLES W. ``CHIP'' PICKERING, MississippiGREEN, Texas
VITO FOSSELLA, New York DIANA DeGETTE, Colorado
ROY BLUNT, Missouri Vice Chair
STEVE BUYER, Indiana LOIS CAPPS, California
GEORGE RADANOVICH, California MIKE DOYLE, Pennsylvania
JOSEPH R. PITTS, Pennsylvania JANE HARMAN, California
MARY BONO MACK, California TOM ALLEN, Maine
GREG WALDEN, Oregon JAN SCHAKOWSKY, Illinois
LEE TERRY, Nebraska HILDA L. SOLIS, California
MIKE FERGUSON, New Jersey CHARLES A. GONZALEZ, Texas
MIKE ROGERS, Michigan JAY INSLEE, Washington
SUE WILKINS MYRICK, North Carolina TAMMY BALDWIN, Wisconsin
JOHN SULLIVAN, Oklahoma MIKE ROSS, Arkansas
TIM MURPHY, Pennsylvania DARLENE HOOLEY, Oregon
MICHAEL C. BURGESS, Texas ANTHONY D. WIENER, New York
MARSHA BLACKBURN, Tennessee JIM MATHESON, Utah
G.K. BUTTERFIELD, North Carolina
CHARLIE MELANCON, Louisiana
JOHN BARROW, Georgia
BARON P. HILL, Indiana
DORIS O. MATSUI, California
SUBCOMMITTEE MEMBERSHIPS AND JURISDICTION
Subcommittee on Commerce, Trade, and Consumer Protection
(Ratio 16-13)
BOBBY L. RUSH, Illinois, Chairman
ED WHITFIELD, Kentucky JAN SCHAKOWSKY, Illinois
CLIFF STEARNS, Florida Vice Chairman
CHARLES W. ``CHIP'' PICKERING, MississippiBUTTERFIELD, North Carolina
VITO FOSSELLA, New York JOHN BARROW, Georgia
GEORGE RADANOVICH, California BARON P. HILL, Indiana
JOSEPH R. PITTS, Pennsylvania EDWARD J. MARKEY, Massachusetts
MARY BONO MACK, California RICK BOUCHER, Virginia
LEE TERRY, Nebraska EDOLPHUS TOWNS, New York
SUE WILKINS MYRICK, North Carolina DIANA DeGETTE, Colorado
JOHN SULLIVAN, Oklahoma CHARLES A. GONZALEZ, Texas
MICHAEL C. BURGESS, Texas MIKE ROSS, Arkansas
MARSHA BLACKBURN, Tennessee DARLENE HOOLEY, Oregon
JOE BARTON, Texas (Ex Officio) ANTHONY D. WEINER, New York
JIM MATHESON, Utah
CHARLIE MELANCON, Louisiana
JOHN D. DINGELL, Michigan
(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; and regulation of travel, tourism, and time.
Subcommittee on Energy and Air Quality
(Ratio 18-15)
RICK BOUCHER, Virginia, Chairman
FRED UPTON, Michigan G.K. BUTTERFIELD, North Carolina
RALPH M. HALL, Texas Vice Chairman
ED WHITFIELD, Kentucky CHARLIE MELANCON, Louisiana
JOHN SHIMKUS, Illinois JOHN BARROW, Georgia
JOHN B. SHADEGG, Arizona HENRY A. WAXMAN, California
CHARLES W. ``CHIP'' PICKERING, MississippiD J. MARKEY, Massachusetts
ROY BLUNT, Missouri MIKE DOYLE, Pennsylvania
MARY BONO MACK, California JANE HARMAN, California
GREG WALDEN, Oregon TOM ALLEN, Maine
MIKE ROGERS, Michigan CHARLES A. GONZALEZ, Texas
SUE WILKINS MYRICK, North Carolina JAY INSLEE, Washington
JOHN SULLIVAN, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL C. BURGESS, Texas MIKE ROSS, Arkansas
MARSHA BLACKBURN, Tennessee DARLENE HOOLEY, Oregon
JOE BARTON, Texas (Ex Officio) ANTHONY D. WEINER, New York
JIM MATHESON, Utah
DORIS O. MATSUI, California
JOHN D. DINGELL, Michigan
(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; The Clean Air Act; and, all laws, programs,
and government activities affecting such matters.
Subcommittee on Environment and Hazardous Materials
(Ratio 16-13)
GENE GREEN, Texas, Chairman
JOHN B. SHADEGG, Arizona FRANK PALLONE, Jr., New Jersey
RALPH M. HALL, Texas BART STUPAK, Michigan
CLIFF STEARNS, Florida LOIS CAPPS, California
NATHAN DEAL, Georgia TOM ALLEN, Maine
HEATHER WILSON, New Mexico HILDA L. SOLIS, California
VITO FOSSELLA, New York Vice Chairman
GEORGE RADANOVICH, California TAMMY BALDWIN, Wisconsin
JOSEPH R. PITTS, Pennsylvania G.K. BUTTERFIELD, North Carolina
LEE TERRY, Nebraska JOHN BARROW, Georgia
MIKE ROGERS, Michigan BARON P. HILL, Indiana
JOHN SULLIVAN, Oklahoma DIANA DeGETTE, Colorado
TIM MURPHY, Pennsylvania ANTHONY D. WIENER, New York
JOE BARTON, Texas (Ex Officio) HENRY A. WAXMAN, California
JAN SCHAKOWSKY, Illinois
DORIS O. MATSUI, California
JOHN D. DINGELL, Michigan (Ex
Officio)
Jurisdiction: Environmental protection in general, including the Safe
Drinking Water Act and risk assessment matters; solid waste, hazardous
waste and toxic substances, including Superfund and RCRA; mining, oil,
gas, and coal combustion wastes; and, noise pollution control.
Subcommittee on Health
(Ratio 18-15)
FRANK PALLONE, Jr., New Jersey,
Chairman
NATHAN DEAL, Georgia HENRY A. WAXMAN, California
RALPH M. HALL, Texas EDOLPHUS TOWNS, New York
BARBARA CUBIN, Wyoming BART GORDON, Tennessee
HEATHER WILSON, New Mexico ANNA G. ESHOO, California
JOHN B. SHADEGG, Arizona GENE GREEN, Texas
STEVE BUYER, Indiana DIANA DeGETTE, Colorado
JOSEPH R. PITTS, Pennsylvania LOIS CAPPS, California
MIKE FERGUSON, New Jersey Vice Chairman
MIKE ROGERS, Michigan TOM ALLEN, Maine
SUE WILKINS MYRICK, North Carolina TAMMY BALDWIN, Wisconsin
JOHN SULLIVAN, Oklahoma ELIOT L. ENGEL, New York
TIM MURPHY, Pennsylvania JAN SCHAKOWSKY, Illinois
MICHAEL C. BURGESS, Texas HILDA L. SOLIS, California
MARSHA BLACKBURN, Tennessee MIKE ROSS, Arkansas
JOE BARTON, Texas (Ex Officio) DARLENE HOOLEY, Oregon
ANTHONY D. WIENER, New York
JIM MATHESON, Utah
JOHN D. DINGELL, Michigan (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 9-7)
BART STUPAK, Michigan, Chairman
JOHN SHIMKUS, Illinois DIANA DeGETTE, Colorado
ED WHITFIELD, Kentucky CHARLIE MELANCON, Louisiana
GREG WALDEN, Oregon Vice Chairman
TIM MURPHY, Pennsylvania HENRY A. WAXMAN, California
MICHAEL C. BURGESS, Texas GENE GREEN, Texas
MARSHA BLACKBURN, Tennessee MIKE DOYLE, Pennsylvania
JOE BARTON, Texas (Ex Officio) JAN SCHAKOWSKY, Illinois
JAY INSLEE, Washington
JOHN D. DINGELL, Michigan (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.
Subcommittee on Telecommunications and the Internet
(Ratio 18-15)
EDWARD J. MARKEY, Massachusetts,
Chairman
CLIFF STEARNS, Florida MIKE DOYLE, Pennsylvania
FRED UPTON, Michigan Vice Chairman
NATHAN DEAL, Georgia JANE HARMAN, California
BARBARA CUBIN, Wyoming CHARLES A. GONZALEZ, Texas
JOHN SHIMKUS, Illinois JAY INSLEE, Washington
HEATHER WILSON, New Mexico BARON P. HILL, Indiana
CHARLES W. ``CHIP'' PICKERING, MississippiBOUCHER, Virginia
VITO FOSSELLA, New York EDOLPHUS TOWNS, New York
STEVE BUYER, Indiana FRANK PALLONE, Jr., New Jersey
GEORGE RADANOVICH, California BART GORDON, Tennessee
MARY BONO MACK, California BOBBY L. RUSH, Illinois
GREG WALDEN, Oregon ANNA G. ESHOO, California
LEE TERRY, Nebraska BART STUPAK, Michigan
MIKE FERGUSON, New Jersey ELIOT L. ENGEL, New York
JOE BARTON, Texas (Ex Officio) GENE GREEN, Texas
LOIS CAPPS, California
HILDA L. SOLIS, California
JOHN D. DINGELL, Michigan (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.
COMMITTEE STAFF
Dennis B. Fitzgibbons, Chief of
Staff
Gregg A. Rothschild, Deputy Chief
of Staff and Chief Counsel
Sharon E. Davis, Chief Clerk
Caroline Ahearn, Counsel/EHM
John Arlington, Senior
Investigative Counsel
Judith Bailey, Counsel/CTCP
Valerie Baron, Legislative Clerk/
CTCP
Alex Barron, Professional Staff
Member/Climate and Energy
Kevin S. Barstow, Investigative
Counsel
Kristine Blackwood, Investigative
Counsel
Rachel Bleshman, Legislative
Clerk, Energy and Environment
Lauren Bloomberg, Assistant Press
Secretary
Jim Cahill, Printing Editor
Kyle Chapman, Legislative Clerk/
Oversight and Investigations
Robert Clark, Policy Coordinator/
Health
Lisa Cody, Assistant Clerk
Sean Corcoran, Assistant Clerk/
Records and Legislative Calendar
Jonathan J. Cordone, General
Counsel
Walter J. Cross, Technology
Support Specialist
Colin Crowell, Professional Staff
Member/Telecommunications and the
Internet
Angela E. Davis, Assistant Clerk/
Oversight and Investigations
Matthew Eisenberg, Staff Assistant
Luke Entelis, Special Assistant
Elizabeth Ertel, Assistant Clerk
Christian Tamotsu Fjeld, Policy
Coordinator/CTCP
Yvette Fontenot, Professional
Staff Member/Health Finance
John Ford, Senior Counsel/Public
Health
Mills Forni, Press Assistant
Richard A. Frandsen, Chief Counsel
for Environment
Brin Frazier, Speechwriter/Deputy
Communications Director
William Garner, Professional Staff
Member
Linda A. Good, Assistant Clerk for
EAQ/EHM
Peter Goodloe, Legislative Counsel
Katherine Graham, Staff Assistant
Tim Gronniger, Professional Staff
Member
Sarah L. Guerrieri, Assistant
Clerk
Byron Gwinn, Staff Assistant
Caitlin Haberman, Staff Assistant
Amy B. Hall, Professional Staff
Member/Health Finance
Bruce Harris, Chief Policy
Advisor, Energy and Air Quality
Alex Haurek, Press Secretary
Carly Hepola, Legislative Clerk/
Public Health
Voncille Trotter Hines, Assistant
Investigator
Karrin Hoesing, Legislative
Analyst/EHM
Carla R. Hultberg, Deputy Clerk
for Technology and Administration
Jeanne Ireland, Chief Public
Health Policy Advisor
John Jimison, Counsel/EAQ
Purvee Kempf, Counsel/Health
Finance
Raymond R. Kent, Jr., Deputy
Clerk/Finance and Administration
Christopher Knauer, Senior
Investigator/Professional Staff
Member
Amy Levine, Senior Counsel/
Telecommunications and the
Internet
Jessica A. McNiece, Professional
Staff Member
Jack Maniko, Counsel/Public Health
Richard Miller, Investigator/
Professional Staff Member
Philip Murphy, Legislative Clerk/
Telecommunications and the
Internet
David Nelson, Senior Investigator
Tommy Papageorge, Assistant Clerk
Kelly Putz, Web Content Specialist
Steven Rangel, Investigative
Counsel
Joanne Royce, Investigative
Counsel
Caitlin Sanders, Staff Assistant
Hasan Sarsour, Legislative Clerk/
Health Finance
Scott Schloegel, Professional
Staff Member/Oversight and
Investigations
Lorie Schmidt, Senior Counsel/Air
Quality and Climate Change
Jodi B. Seth, Communications
Director
Melissa Sidman, Legislative
Analyst/Public Health
John Sopko, Chief Counsel for
Oversight
Bridgett Taylor, Chief Health
Finance Policy Advisor
Christopher A. Treanor, Policy
Analyst/Energy and Environment
Laura Vaught, Policy Coordinator/
EAQ
David A. Vogel, Legislative
Analyst/Telecommunications and the
Internet
Drew Wallace, Policy Coordinator/
EHM
Eddie Walker, Network Engineer
Consuela M. Washington, Chief
Counsel, CTCP
Andrew Woelfling, Professional
Staff Member/CTCP
Detailees From U.S. Agencies
Benjamin Hengst, EPA
Paul Jung, HHS-PHS
Kenneth Marty, HHH-OIG
Mark G. Seifert, FCC
Calvin Webb, ICE
Richard Wilfong, DHS
Committee Staff
David L. Cavicke, Staff Director
Lance Kotschwar, General Counsel/
Chief Counsel for Commerce
Heather Couri, Deputy Chief of
Staff
Lawrence A. Neal, Deputy Chief of
Staff for Communications
R. Clayton Alspach, Counsel
Melissa Bartlett, Counsel
William Carty, Professional Staff
Member
Karen E. Christian, Counsel
Brandon J. Clark, Policy
Coordinator
Jean Colsant, Director of
Information Technology
Samuel Costello, Staff Assistant
Gerald Couri, Policy Coordinator
Whitney Drew, Special Assistant
Neil R. Fried, Senior Counsel
Garrett J. Golding, Legislative
Analyst
Chad Grant, Legislative Analyst
Peter E. Kielty, Legislative
Analyst
Kevin Kohl, Special Assistant
Ryan Long, Chief Counsel
Brian Mccullough, Professional
Staff Member
Amanda Mertens Campbell, Counsel
Lisa Miller, Deputy Communications
Director
Anh Nguyen, Legislative Clerk
William D. O'Brien, Legislative
Analyst for Health Policy
Courtney Anderson Reinhard,
Counsel
Krista Carpenter Rosenthall,
Counsel
Aarti Shah, Counsel
Alan M. Slobodin, Chief Counsel
Peter Spencer, Professional Staff
Member
Linda Walker, Administrative &
Human Resources Coordinator
Shannon Weinberg, Counsel
LEGISLATIVE AND OVERSIGHT ACTIVITY OF THE COMMITTEE
Summary
The full Committee and its six subcommittees were extremely
active during the 110th Congress and had a significant record
of achievement. Of the 1,531 bills referred to the Committee,
58 measures became public law as a result of the Committee's
work. The full Committee and its subcommittees held a combined
total of 170 days of hearings and 47 markups.
Key accomplishments include crafting legislation that will:
Remove more than 10 billion tons of carbon dioxide
from the atmosphere by 2030 as a result of improved energy
efficiency standards, expand use of biofuels, and increase
motor vehicle fuel economy.
Ban lead in children's products and prohibit the
use of dangerous phthalates in toys and child care articles.
Strengthen the Consumer Product Safety Commission
by providing it with significantly greater resources and
personnel.
Ensure that 44 million Medicare beneficiaries can
continue to see the doctors they know and trust by blocking a
10 percent pay cut for physicians who serve them.
Improve the safety of prescription drugs by
creating a new FDA program to monitor drugs after they are on
the market, increase the penalties for drug companies that
violate safety standards, and impose stricter conflict-of-
interest provisions.
Protect States and 55 million Medicaid
beneficiaries by preventing damaging new regulations issued by
the Administration that would slash Medicaid funding by $18
billion.
Ban discrimination based on genetic information by
prohibiting health insurance companies and employers from
discriminating against people on the basis of genetic test
results.
Provide healthcare coverage for 10 million
children by renewing and improving the State Children's Health
Insurance Program (SCHIP).
Strengthen Medicare by enhancing prevention and
mental health benefits, creating and extending programs for
low-income Medicare beneficiaries, and improving access to care
for rural seniors.
Strengthen environmental protections and improve
air quality by removing elemental mercury from our environment.
Improve public safety by ensuring that consumers
using Internet-based phone services can access 911 emergency
services.
In perhaps its most complex legislative effort in the 110th
Congress, the Committee worked on the development of
comprehensive climate change legislation with the goal of
reducing our Nation's greenhouse gas emissions by 60 to 80
percent by the year 2050 without putting our economy at a
disadvantage. To this end, more than 20 hearings were held;
perspectives from scores of industry groups, non-governmental
organizations and labor unions were collected; and a series of
White Papers focusing on elements of the climate change problem
in need of further discussion were produced. On October 7,
2008, after nearly two years of intensive work, the discussion
draft of climate change legislation was released.
One of the most significant shortfalls of the 110th
Congress was the presidential veto of the Children's Health
Insurance Program reauthorization legislation, and the
subsequent failure of the House to override that veto.
The Committee's oversight and investigative efforts were as
robust as its legislative endeavors in all areas of its
jurisdiction--ranging from drug and food safety to currency
manipulation and energy speculation.
The environment continued to be a major concern of the
Committee through vigorous oversight of existing environmental
laws and regulation as well as specific examinations of carbon
sequestration; Superfund cleanups (including the significant
slowdown of cleanups at highly contaminated sites in the years
since 2000); the Environmental Protection Agency's Office of
Inspector General proposed buyout of employees and office
closings; and concentrated animal feeding operations.
The work of the six subcommittees is detailed in the pages
following the list of hearings held by the full Committee.
Hearings Held
A Review of the Department of Health and Human Services
Fiscal Year 2008 Budget--Oversight hearing on the Department of
Health and Human Services Fiscal Year 2008 Budget. Hearing held
on February 6, 2007. PRINTED, Serial Number 110-2.
Department of Energy's Budget for Fiscal Year 2008--
Oversight hearing on the Department of Energy's Fiscal Year
2008 budget. Hearing held on February 8, 2007. PRINTED, Serial
Number 110-3.
Combating Pretexting: H.R. 936, the ``Prevention of
Fraudulent Access to Phone Records Act''--Hearing on H.R. 936,
the ``Prevention of Fraudulent Access to Phone Records Act.''
Hearing held on March 9, 2007. PRINTED, Serial Number 110-16.
Department of Energy's Fiscal Year 2009 Budget Proposal--
Oversight hearing on the Department of Energy's budget proposal
for fiscal year 2009. Hearing held on February 7, 2008.
PRINTED, Serial Number 110-86.
A Review of the Department of Health and Human Services
Fiscal Year 2009 Budget--Oversight hearing on the Department of
Health and Human Services budget proposal for fiscal year 2009.
Hearing held on February 28, 2008. PRINTED, Serial Number 110-
90.
Department of Commerce Fiscal Year 2009 Budget--Oversight
hearing on the Department of Commerce budget proposal for
fiscal year 2009. Hearing held on March 13, 2008. PRINTED,
Serial Number 110-94.
Subcommittee on Commerce, Trade, and Consumer Protection
Legislative Activities
VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT
Public Law 110-140, Title XIV--Pool and Spa Safety (H.R. 6, H.R. 1721,
S. 1771)
To increase the safety of swimming pools and spas by
requiring the use of proper anti-entrapment drain covers and
pool and spa drainage systems, by establishing a swimming pool
safety grant program administered by the Consumer Product
Safety Commission to encourage States to improve their pool and
spa safety laws, and to educate the public about pool and spa
safety.
Summary
H.R. 1721 increases the safety of swimming pools and spas
by requiring the use of proper anti-entrapment drain covers and
pool and spa drainage systems. H.R. 1721 also establishes a
swimming pool safety grant program, authorized at $2 million
annually (as enacted as part of H.R. 6) for five years,
administered by the Consumer Product Safety Commission (CPSC)
to encourage States to pass comprehensive swimming pool and spa
safety laws that require layers of protection against childhood
drowning, including specified barriers, anti-entrapment drains,
and safety vacuum releases. Further, H.R. 1721 requires CPSC to
develop a national education program to prevent drowning and
entrapment in swimming pools, spas, and ornamental pools,
authorized at $5 million annually for five years. Finally, H.R.
1721 requires the CPSC to report to Congress on the
effectiveness of the grant program for all applicable fiscal
years.
Legislative History
H.R. 1721 was introduced on March 27, 2007, by
Representative Wasserman Schultz and referred to the Committee
on Energy and Commerce. On March 28, 2007, H.R. 1721 was
referred to the Subcommittee on Commerce, Trade, and Consumer
Protection.
On June 6, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing on four bills intended to
increase the safety of consumer products intended for children,
including H.R. 1721. The invited witnesses included The
Honorable Nancy A. Nord, Acting Chairman, Consumer Product
Safety Commission (submitting written testimony only); Edmund
Mierzwinski, Consumer Program Director, United States Public
Interest Research Group; and Sally Greenberg, Senior Product
Safety Counsel, Consumers Union.
On July 31, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and approved
H.R. 1721 for full Committee consideration, amended, by a voice
vote.
On September 27, 2007, the full Committee met in open
markup session and H.R. 1721 was ordered favorably reported to
the House, as amended, by a voice vote, a quorum being present.
On October 9, 2007, the Committee on Energy and Commerce
reported H.R. 1721 to the House, amended (H. Rept. 110-365).
On October 9, 2007, H.R. 1721 was considered in the House
under suspension of the rules and passed, as amended, by a
voice vote, two-thirds having voted in favor.
On October 15, 2007, H.R. 1721 was received in the Senate,
read twice, and placed on the Senate Legislative Calendar under
general orders.
On December 13, 2007, the text of H.R. 1721 and S. 1771
(companion Senate legislation), as amended, was included as
title XIV of H.R. 6, the Energy Independence and Security Act
of 2007, which was passed by the Senate.
On December 18, 2007, the House agreed to the Senate
amendment to the House amendments to the Senate amendments to
H.R. 6, containing the provisions of H.R. 1721 and S. 1771, by
a rollcall vote: 314-100. This action cleared H.R. 6 for the
White House.
On December 19, 2007, H.R. 6, containing provisions of H.R.
1721 and S. 1771, was signed by the President (Public Law 110-
140).
DO-NOT-CALL IMPROVEMENT ACT OF 2007
Public Law 110-187 (H.R. 3541)
To amend the Do-Not-Call Implementation Act to eliminate
the automatic removal of telephone numbers registered on the
Federal Do-Not-Call registry.
Summary
H.R. 3541 amends the Do-Not-Call Implementation Act to
prohibit the Federal Trade Commission (FTC) from removing phone
numbers from its Do-Not-Call registry, except upon request of
the person to whom the number is assigned or upon narrow
circumstances keyed to keeping the list accurate. The registry
contains a list of consumers that telemarketers are prohibited
from calling. When the registry was created in 2003, the FTC
developed rules that required customers to re-register their
telephone numbers every five years and required the FTC to
remove disconnected numbers periodically. The bill requires the
FTC to check periodically telephone numbers on the registry
against appropriate databases and to remove invalid,
disconnected, and reassigned numbers. Not later than nine
months after enactment, the FTC is required to report to
Congress on efforts taken to improve the accuracy of the
registry.
Legislative History
On September 17, 2007, H.R. 3541 was introduced by
Representative Doyle and referred to the Committee on Energy
and Commerce. That same day, H.R. 3541 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On October 30, 2007, the full Committee met in open markup
session and H.R. 3541 was ordered favorably reported to the
House, amended, by a voice vote.
On December 11, 2007, the Committee on Energy and Commerce
reported H.R. 3541 to the House, amended (H. Rept. 110-486).
On December 11, 2007, H.R. 3541 was considered in the House
under suspension of the rules and passed, as amended, by a
voice vote, two-thirds having voted in favor.
On December 12, 2007, H.R. 3541 was received in the Senate,
read twice, and referred to the Committee on Commerce, Science,
and Transportation.
On February 6, 2008, H.R. 3541 was discharged from the
Committee on Commerce, Science, and Transportation by unanimous
consent, and passed the Senate, without amendment, by unanimous
consent, clearing H.R. 3541 for the White House.
On February 12, 2008, H.R. 3541 was presented to the
President and was signed by the President on February 15, 2008
(Public Law 110-187).
DO-NOT-CALL REGISTRY FEE EXTENSION ACT OF 2007
Public Law 110-188 (S. 781, H.R. 2601)
To amend the Do-Not-Call Implementation Act to extend the
authority of the Federal Trade Commission to collect fees to
administer and enforce the provisions relating to the Do-Not-
Call registry of the Telemarketing Sales Rule.
Summary
H.R. 2601 amends the Do-Not-Call Implementation Act to
authorize the Federal Trade Commission (FTC) to continue to
collect and spend fees to operate the national Do-Not-Call
registry and enforce the Telemarketing Sales Rule, contingent
on approval of the fees in annual appropriations acts. The
authority to collect those fees expired at the end of fiscal
year 2007. The bill also requires the FTC to prepare two
reports about the use and effectiveness of the registry.
Legislative History
H.R. 2601 was introduced on June 6, 2007, by Representative
Stearns and referred to the Committee on Energy and Commerce.
Thatsame day, H.R. 2601 was referred to the Subcommittee on
Commerce, Trade, and Consumer Protection.
On October 23, 2007, the Subcommittee on Commerce, Trade,
and Consumer Protection held a hearing on H.R. 2601. The sole
witness was the Director of the FTC's Bureau of Consumer
Protection. After conclusion of the hearing, the Subcommittee
met in open markup session to consider H.R. 2601, and the bill
was forwarded to the full Committee, amended, by a voice vote.
On October 30, 2007, the full met in open markup session
and H.R. 2601 was ordered favorably reported to the House,
amended, by a voice vote.
On December 11, 2007, the Committee on Energy and Commerce
reported H.R. 2601 to the House, amended (H. Rept. 110-485).
On December 11, 2007, H.R. 2601 was considered in the House
under suspension of the rules and passed, as amended, by a
voice vote, two-thirds having voted in favor.
On December 12, 2007, H.R. 2601 was received in the Senate,
read twice, and referred to the Committee on Commerce, Science,
and Transportation.
On December 12, 2007, the Committee on Commerce, Science,
and Transportation reported substantially similar legislation,
S. 781, to the Senate, amended (S. Rept. 110-244).
On December 17, 2007, S. 781 passed the Senate, amended, by
unanimous consent.
On February 6, 2008, S. 781 was considered in the House
under suspension of the rules and passed by a voice vote, two-
thirds having voted in favor. This action cleared the measure
for the White House.
On February 13, 2008, S. 781 was presented to the
President; and on February 15, 2008, the President signed S.
781 (Public Law 110-188).
CHILDREN'S GASOLINE BURN PREVENTION ACT
Public Law 110-278 (H.R. 814)
To require the Consumer Product Safety Commission to issue
regulations mandating child-resistant closures on all portable
gasoline containers.
Summary
H.R. 814 requires the same child-resistant caps for all
gasoline containers, whether sold with or without gasoline. The
legislation directs the Consumer Product Safety Commission
(CPSC) to issue regulations mandating child-resistant closures
on all portable gasoline containers, and provides that any
revisions to the applicable child resistance requirements
proposed by ASTM International shall be incorporated in the
consumer product safety rule, unless the CPSC determines within
60 days that such revisions do not meet the purpose of this
legislation. H.R. 814 also requires the CPSC to report to
Congress two years after enactment of the legislation on
compliance by industry, agency enforcement actions, and any
reported incidents involving children and portable gasoline
cans.
Legislative History
On February 5, 2007, H.R. 814 was introduced by
Representative Moore and referred to the Committee on Energy
and Commerce. On February 6, 2007, H.R. 814 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On June 6, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing on four bills intended to
increase the safety of consumer products intended for children,
including H.R. 814. The invited witnesses included The
Honorable Nancy A. Nord, Acting Chairman, Consumer Product
Safety Commission (submitting written testimony only); Edmund
Mierzwinski, Consumer Program Director, United States Public
Interest Research Group; and Sally Greenberg, Senior Product
Safety Counsel, Consumers Union.
On July 31, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 814, amended, to the full Committee, by a voice vote.
On September 27, 2007, the full Committee met in open
markup session and H.R. 814 was ordered favorably reported to
the House, as amended, by a voice vote.
On October 9, 2007, the Committee on Energy and Commerce
reported H.R. 814 to the House, as amended (H. Rept. 110-367).
On October 9, 2007, H.R. 814 was considered in the House
under suspension of the rules and passed, as amended, by a
voice vote, two-thirds having voted in favor.
On October 15, 2007, H.R. 814 was received in the Senate,
read twice, and referred to the Committee on Commerce, Science,
and Technology.
On June 16, 2008, H.R. 814 was discharged from the Senate
Committee on Commerce, Science, and Transportation by unanimous
consent, and passed the Senate without amendment by unanimous
consent. This action cleared the measure for the White House.
On July 7, 2008, H.R. 814 was presented to the President,
who signed it into law on July 17, 2008 (Public Law 110-278).
DANNY KEYSAR CHILD PRODUCT SAFETY NOTIFICATION ACT
Public Law 110-314 (H.R. 1699, H.R. 4040)
To direct the Consumer Product Safety Commission to require
certain manufacturers to provide consumer product registration
forms to facilitate recalls of durable infant and toddler
products.
Summary
H.R. 1699 requires the Consumer Product Safety Commission
(CPSC) to promulgate a rule requiring manufacturers of a
defined list of 12 durable infant and toddler products
(including cribs, high chairs, bath seats, play yards,
strollers, walkers, and swings) to: (1) provide postage-paid,
privacy-protected registration cards with each product for
consumer registration by mail or via the internet; (2) maintain
a database of consumer-provided contact information; and (3)
permanently place manufacturer contact and model information on
each product sold as practicable. H.R. 1699 also requires the
CPSC to conduct a study and report to Congress within four
years after the date of enactment on the effectiveness of the
registration forms in facilitating recalls.
Legislative History
On March 26, 2007, H.R. 1699 was introduced by
Representative Schakowsky and referred to the Committee on
Energy and Commerce. On March 27, 2007, H.R. 1699 was referred
to the Subcommittee on Commerce, Trade, and Consumer
Protection.
On June 6, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing on four bills intended to
increase the safety of consumer products intended for children,
including H.R. 1699. The invited witnesses included The
Honorable Nancy A. Nord, Acting Chairman, Consumer Product
Safety Commission (submitting written testimony only); Edmund
Mierzwinski, Consumer Program Director, United States Public
Interest Research Group; and Sally Greenberg, Senior Product
Safety Counsel, Consumers Union.
On July 31, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 1699, amended, to the full Committee, by a voice vote.
On September 27, 2007, the full Committee met in open
markup session and H.R. 1699 was ordered favorably reported to
the House, as amended, by a voice vote.
On October 9, 2007, the Committee on Energy and Commerce
reported H.R. 1699 to the House, amended (H. Rept. 110-366).
On October 9, 2007, H.R. 1699 was considered in the House
under suspension of the rules and passed, as amended, by a
voice vote, two-thirds having voted in favor.
On October 15, 2007, H.R. 1699 was received in the Senate,
read twice, and referred to the Committee on Commerce, Science,
and Transportation.
On December 19, 2007, the Committee on Energy and Commerce
reported H.R. 4040 to the House, amended, and included the
provisions of H.R. 1699, as amended (H. Rept. 110-501).
On December 19, 2007, H.R. 4040, as amended, was considered
in the House under suspension of the rules and passed by a
rollcall vote: 407-0.
On July 30, 2008, the House agreed to the conference report
to accompany H.R. 4040 (H. Rept. 110-787), which included in
section 104 the provisions of H.R. 1699, as amended, under
suspension of the rules by a rollcall vote: 424-1.
On July 31, 2008, the Senate agreed to the conference
report to accompany H.R. 4040, containing the text of H.R.
1699, as amended, by a rollcall vote: 89-3. This action cleared
H.R. 4040 for the White House.
On August 6, 2008, H.R. 4040 was presented to the
President.
On August 14, 2008, H.R. 4040 was signed by the President
(Public Law 110-314).
PRODUCT SAFETY CIVIL PENALTIES IMPROVEMENT ACT
Public Law 110-314 (H.R. 2474, H.R. 4040)
To provide for an increased maximum civil penalty for
violations under the Consumer Product Safety Act.
Summary
H.R. 2474 amends the Consumer Product Safety Act, the
Flammable Fabrics Act, and the Federal Hazardous Substances Act
to increase the maximum civil penalties that the CPSC may
assess for knowing product safety violations from the current
level of $1.825 million to (as enacted) $15 million. H.R. 2474
also expands the factors that the CPSC must consider in
assessing the amount of such penalty, including whether a
violator is a recidivist or a first-time offender. As enacted,
the increase would take effect on the date that is the earlier
of one year after the effective date, or when the CPSC issues
final regulations.
Legislative History
On May 24, 2007, H.R. 2474 was introduced by Representative
Rush and referred to the Committee on Energy and Commerce. On
June 5, 2007, H.R. 2474 was referred to the Subcommittee on
Commerce, Trade, and Consumer Protection.
On June 6, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing on four bills intended to
increase the safety of consumer products intended for children
or to improve consumer product safety enforcement generally,
including H.R. 2474. The invited witnesses included The
Honorable Nancy A. Nord, Acting Chairman, Consumer Product
Safety Commission (submitting written testimony only); Edmund
Mierzwinski, Consumer Program Director, United States Public
Interest Research Group; and Sally Greenberg, Senior Product
Safety Counsel, Consumers Union.
On, July 31, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session and forwarded
H.R. 2474, amended, to the full Committee, by a voice vote.
On September 27, 2007, the full Committee met in open
markup session and H.R. 2474 was ordered favorably reported to
the House, as amended, by a voice vote.
On October 9, 2007, the Committee on Energy and Commerce
reported H.R. 2474 to the House, as amended (H. Rept. 110-364).
On October 9, 2007, H.R. 2474 was considered in the House
under suspension of the rules and passed, as amended, by a
voice vote, two-thirds having voted in favor.
On October 15, 2007, H.R. 2474 was received in the Senate,
read twice, and referred to the Committee on Commerce, Science,
and Transportation.
On December 19, 2007, the Committee on Energy and Commerce
reported H.R. 4040, as amended, to the House, and included the
text of H.R. 2474, as amended (H. Rept. 110-501).
On December 19, 2007, H.R. 4040, as amended, was considered
in the House under suspension of the rules and passed by a
rollcall vote: 407-0.
On July 30, 2008, the House agreed to the conference report
to accompany H.R. 4040 (H. Rept. 110-787), which included in
section 217 the provisions of H.R. 2474, as amended, under
suspension of the rules by a rollcall vote: 424-1.
On July 31, 2008, the Senate agreed to the conference
report to accompany H.R. 4040, containing the text of H.R.
2474, as amended, by a rollcall vote: 89-3. This action cleared
the measure for the White House.
On August 6, 2008, H.R. 4040 was presented to the
President.
On August 14, 2008, was signed by the President (Public Law
110-314).
CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008
Public Law 110-314 (H.R. 4040, S. 2663)
To establish consumer product safety standards and other
safety requirements for children's products and to reauthorize
and modernize the Consumer Product Safety Commission.
Summary
H.R. 4040, The Consumer Product Safety Improvement Act, as
enacted, contains two titles.
Title I concerns children's product safety, and: (1) limits
the amount of lead in children's products and lowers the amount
of lead permitted in paint used on consumer products; (2)
requires mandatory third-party testing for certain children's
products and conformity assessment certifications for a broad
range of consumer products covered by mandatory requirements;
(3) mandates tracking labels for children's products; (4)
imposes consumer registration and mandatory safety standards
for certain nursery products; (5) requires cautionary
statements for toys and games at direct points of sale; (6)
requires mandatory safety standards for toys; (7) requires a
study by the Government Accountability Office on preventable
deaths and injuries to minority children from consumer
products; and (8) permanently prohibits the sale of certain
children's toys and products that contain certain phthalates
(plastic softeners) and requires an interim prohibition on the
sale of certain children's products that contain certain other
phthalates until an examination and report have been conducted
by a Chronic Hazard Advisory Panel.
Title II, Subtitle A concerns administrative improvements
to reform the Consumer Product Safety Commission (CPSC) and:
(1) reauthorizes the CPSC; (2) reinstates funding for five
Commissioners and provides for a temporary quorum; (3)
reinstates a requirement on the submission of certain
documents; (4) provides for the option of expedited rulemaking;
(5) requires the Inspector General to conduct certain audits
and submit reports; (6) bans industry-sponsored travel by CPSC
personnel; (7) permits CPSC sharing of information with other
governmental agencies under certain circumstances; (8) permits
CPSC employee exchanges with foreign governments; and (9)
requires annual reports on recalls and their effectiveness.
Title II, Subtitle B concerns enhanced enforcement
authority to reform the CPSC, and: (1) allows for greater
public disclosure of information; (2) requires the
establishment of a public consumer product safety database; (3)
expands the prohibition against stockpiling; (4) enhances the
CPSC's authority to recall unsafe consumer products and require
specific corrective actions; (5) authorizes the CPSC to inspect
certain conformity assessment bodies and require certain
information about product supply chains; (6) amends the list of
prohibited acts under consumer product safety laws; (7)
increases maximum civil and criminal fines for violations of
consumer product safety laws; (8) amends provisions permitting
State Attorneys General to enforce specific provisions of
Federal consumer product safety laws; and (9) extends
whistleblower protection to employees of manufacturers,
distributors, and retailers of consumer products.
Title II, Subtitle C concerns specific import-export
provisions to reform the CPSC and: (1) expands prohibitions on
the export of recalled and non-conforming products; (2)
requires the CPSC to develop a methodology for risk assessment
of imported products; (3) requires the CPSC to identify classes
of products with characteristics that are likely to constitute
substantial product hazards; (4) requires the CPSC to study and
recommend to U.S. Customs and Border Protections bond amounts
to cover the cost of destruction for imported products; and (5)
requires the CPSC to study and report on the effectiveness of
its current authority to prevent the importation of unsafe
consumer products.
Title II, Subtitle D contains miscellaneous provisions and:
(1) clarifies provisions on preemption of other laws; (2)
provides for mandatory standards for all-terrain vehicles; (3)
clarifies that cost-benefit analysis is not required to
establish standards under the Poison Prevention Packaging Act;
(4) requires a study on the use of formaldehyde in the
manufacture of certain articles; (5) defines terms, such as
``children's products'' and makes conforming changes; (6)
provides for expedited judicial review of certain standards or
rules promulgated by the CPSC; (7) repeals section 30(d) of the
Consumer Product Safety Act requiring certain findings; (8)
makes technicalamendments to the Pool and Spa Safety provision
of the Energy Independence and Security Act (Public Law 110-140); and
(9) provides for certain delayed effective dates and the severability
of provisions.
Legislative History
H.R. 4040 was developed after a series of hearings related
to issues involving consumer product safety, as follows:
On May 15, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing entitled ``Protecting Our
Children: Current Issues in Children's Product Safety.''
Testimony was received from the Honorable Nancy A. Nord, Acting
Chairman, Consumer Product Safety Commission; Alan Korn, Public
Policy Director and General Counsel, Safe Kids Worldwide;
Rachel Weintraub, Director of Product Safety and Senior
Counsel, Consumer Federation of America; Frederick Locker,
Esq., Locker, Brainin & Greenberg, New York, NY; Marla Felcher,
Ph.D., Adjunct Lecturer, Kennedy School of Government, Harvard
University, and author, ``It's No Accident: How Corporations
Sell Dangerous Baby Products'' (Common Courage Press, 2001);
James A. Thomas, President, ASTM International; Nancy A.
Cowles, Executive Director, Kids in Danger.
On June 6, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing entitled ``Legislation to
Improve Consumer Product Safety for Children: H.R. 2474, H.R.
1699, H.R. 814, and H.R. 1721.'' Testimony was received from
The Honorable Nancy A. Nord, Acting Chairman, Consumer Product
Safety Commission (submitting written testimony only); Edmund
Mierzwinski, Consumer Program Director, United States Public
Interest Research Group; and Sally Greenberg, Senior Product
Safety Counsel, Consumers Union.
On September 19 and 20, 2007, the Subcommittee on Commerce,
Trade, and Consumer Protection held a two-day hearing, entitled
``Protecting Children from Lead-Tainted Imports.'' Testimony
was received from the Honorable Nancy A. Nord, Acting Chairman,
Consumer Product Safety Commission; The Honorable Thomas H.
Moore, Commissioner, Consumer Product Safety Commission; Robert
Eckert, President and Chief Executive Officer, Mattel, Inc.;
Dana Best, M.D., M.P.H., Fellow, American Academy of
Pediatrics; Olivia D. Farrow, Esq., Assistant Commissioner,
Division of Environmental Health, City of Baltimore; Michael
Green, Executive Director, Center for Environmental Health;
Mary Teagarden, Professor of Global Strategy, Thunderbird
School of Global Management; Lori Wallach, Director, Global
Trade Watch; Gary E. Knell, Chief Executive Officer and
President, Sesame Workshop; Carter Keithley, President, Toy
Industry Association; Allen Thompson, Vice President for Global
Supply Chain Management, Retail Industry Leaders Association;
Michael Gale, Executive Director, Fashion Jewelry Trade
Association.
On November 1, 2007, H.R. 4040 was introduced by
Representative Rush and referred to the Committee on Energy and
Commerce. On November 2, 2007, H.R. 4040 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On November 6, 2007, the Subcommittee on Commerce, Trade,
and Consumer Protection held a hearing on H.R. 4040, entitled,
``Comprehensive Children's Product Safety and Consumer Product
Safety Commission Reform Legislation.'' Testimony was received
from the Honorable Nancy A. Nord, Acting Chairman, Consumer
Product Safety Commission; The Honorable Thomas H. Moore,
Commissioner, Consumer Product Safety Commission; Kathrin
Belliveau, Managing Attorney, Commercial and Global Operations,
Hasbro, Inc.; Dana Best, M.D., M.P.H., Fellow, American Academy
of Pediatrics; Lane Hallenbeck, Vice President, Accreditation
Services, American National Standards Institute (ANSI); Alan
Korn, Public Policy Director and General Counsel, Safe Kids
Worldwide; Joseph M. McGuire, President, Association of Home
Appliance Manufacturers (AHAM), testifying on behalf of the
National Association of Manufacturers (NAM); and Rachel
Weintraub, Director of Product Safety and Senior Counsel,
Consumer Federation of America.
On November 15, 2007, the Subcommittee on Commerce, Trade,
and Consumer Protection met in open markup session and
forwarded H.R. 4040, amended, to the full Committee, by a voice
vote.
On December 13, 2007, the full Committee met in open markup
session and began consideration of H.R. 4040.
On December 18, 2007, the full Committee again met in open
markup session and H.R. 4040 was ordered favorably reported to
the House, amended, by a rollcall vote: 51-0.
On December 19, 2007, the bill was reported to the House,
amended (H. Rept. 110-501). That same day, H.R. 4040, as
amended, was considered in the House under suspension of the
rules and passed by a rollcall vote: 407-0.
On December 19, 2007, H.R. 4040 was received in the Senate
and read for the first time and placed on Senate Legislative
Calendar.
On March 6, 2008, H.R. 4040 was laid before the Senate by
unanimous consent. During consideration, the Senate struck all
after the enacting clause and substituted the language of S.
2663, as amended. H.R. 4040 then passed by the Senate, amended,
by a rollcall vote: 79-13.
On April 29, 2008, the Senate insisted on its amendment,
requested a conference, and appointed conferees: Senators
Inouye, Pryor, Boxer, Klobuchar, Stevens, Hutchison, and
Sununu.
On May 14, 2008, the Dingell motion that the House disagree
to the Senate amendment, and agree to a conference, was agreed
to without objection. The Whitfield motion that the House
instruct the managers on the part of the House to insist upon
the provisions contained in the House bill, was agreed to by a
rollcall vote: 405-0. The Speaker appointed as conferees
Representatives Dingell, Waxman, Rush, DeGette, Schakowsky,
Barton (TX), Whitfield (KY), and Stearns.
On June 24, 2008, the Kirk motion to instruct conferees to
insist on the provisions contained in the House bill with
regard to the definition of ``children's product'' was adopted
by a rollcall vote: 415-0.
The conference committee met on June 25 and July 17, 2008.
On July 29, 2008, the conference report to accompany H.R.
4040 was filed (H. Rept. 110-787).
On July 30, 2008, the conference report to accompany H.R.
4040 was considered by the House and adopted by a rollcall
vote: 424-1.
On July 31, 2008, the Senate agreed to the conference
report to accompany H.R. 4040 by a rollcall vote: 89-3,
clearing the measure for the White House.
On August 6, 2008, H.R. 4040 was presented to the
President.
On August 14, 2008, the President signed H.R. 4040 (Public
Law 110-314).
SAFEGUARDING AMERICA'S FAMILIES BY ENHANCING AND REORGANIZING NEW AND
EFFICIENT TECHNOLOGIES ACT (SAFER NET ACT)
Public Law 110-385 (S. 1492, H.R. 3461)
To require the Federal Trade Commission to carry out a
nationwide public awareness campaign regarding Internet safety.
Summary
H.R. 3461 requires the Federal Trade Commission (FTC) to
carry out a nationwide program to increase public awareness and
education regarding Internet safety.
The bill also requires the FTC to submit a report to
Congress not later than March 31 of each year on its activity
to promote Internet safety. The bill, as amended, authorizes $5
million for one year to carry out the public awareness
campaign. Finally, the bill establishes a working group through
the National Telecommunications and Information Administration
to review and evaluate industry efforts to promote online
safety and protect children from inappropriate material online.
Legislative History
On August 4, 2007, H.R. 3461 was introduced by
Representative Bean and referred to the Committee on Energy and
Commerce. On August 4, 2007, the bill was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On October 23, 2007, the Subcommittee on Commerce, Trade,
and Consumer Protection held a hearing on H.R. 3461. The sole
witness was the Director of the FTC's Bureau of Consumer
Protection. After conclusion of the hearing, the Subcommittee
met in open markup session to consider H.R. 3461; and the bill
was forwarded to the full Committee, amended, by a voice vote.
On October 30, 2007, the full Committee met in open markup
session and H.R. 3461 was ordered favorably reported to the
House, amended, by a voice vote.
On November 13, 2007, H.R. 3461 was considered in the House
under suspension of the rules and passed, as amended, by a
rollcall vote: 398-6.
On November 14, 2007, H.R. 3461 was received in the Senate,
read twice, and referred to the Committee on Commerce, Science,
and Transportation.
On September 26, 2008, S. 1492, with an amendment in the
nature of a substitute reported by the Committee on Commerce,
Science, and Transportation, was laid before the Senate; it
then passed the Senate, amended, by unanimous consent. As
amended, Title I consists of the text of the Broadband Data
Improvement Act. Title II includes the provisions of H.R. 3461.
On September 27, 2008, S. 1492 was received in the House,
and referred to the Committee on Energy and Commerce.
On September 29, 2008, S. 1492 was discharged from the
Committee on Energy and Commerce, and passed the House,
amended, by unanimous consent.
On September 30, 2008, the Senate agreed to the House
amendments by unanimous consent, clearing S. 1492 for the White
House.
On October 2, 2008, S. 1492 was presented to the President.
On October 10, 2008, the President signed S. 1492 (Public
Law 110-385).
SOCIAL SECURITY NUMBER PROTECTION ACT OF 2007
(H.R. 948)
To strengthen the authority of the Federal Government to
protect individuals from certain acts and practices in the sale
and purchase of Social Security numbers and Social Security
account numbers, and for other purposes.
Summary
H.R. 948 protects consumers by prohibiting the public
display and the purchase and sale of Social Security numbers in
interstate commerce to prevent the use of such numbers to
commit fraud, deception, or crime, and prevent risk of bodily,
emotional, or financial harm to individuals. The bill makes it
unlawful to intentionally display Social Security numbers on a
Web site or to provide access thereto through the Internet, to
display Social Security numbers on membership or identity
cards, or to require customers to use Social Security numbers
as passwords for access to any goods or services, account, or
protected access Web site. The legislation also requires the
Federal Trade Commission (FTC) to promulgate rules within one
year, after consultation with the Attorney General and
Commissioner of Social Security, restricting the sale and
purchase of Social Security numbers and defining unfair or
deceptive acts or practices related to the sale and purchase of
Social Security numbers. H.R. 948 requires the FTC regulations
to include exceptions for certain enumerated purposes such as
law enforcement, emergencies, and public health.
Legislative History
On February 8, 2007, H.R. 948 was introduced by
Representative Markey. It was referred to the Committee on
Energy and Commerce, and in addition to the Committee on 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.
On February 9, 2007, H.R. 948 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On May 11, 2006, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing on H.R. 1078, substantially
similar legislation considered in the 109th Congress.
On May 10, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection was discharged from further consideration
of H.R. 948, and the full Committee met in open markup session
to consider the measure. H.R. 948 was ordered favorably
reported to the House, amended, by a voice vote.
On June 13, 2007, the Committee on Energy and Commerce
reported H.R. 948 to the House, amended (H. Rept. 110-191, Part
1).
On June 13, 2007 and subsequently, the Committee on Ways
and Means was granted a series of extensions for further
consideration ending not later than January 3, 2009.
No further action was taken on H.R. 948 in the 110th
Congress.
SECURELY PROTECT YOURSELF AGAINST CYBER TRESPASS ACT (SPY ACT)
(H.R. 964)
To protect users of the Internet from unknowing
transmission of their personally identifiable information
through spyware programs, and for other purposes.
Summary
H.R. 964, the Securely Protect Yourself Against Cyber
Trespass Act, or SPY ACT, makes it unlawful for any person who
is not the owner or authorized user of a protected computer to
engage in unfair or deceptive acts or practices in connection
with specified conduct, including: (1) taking unsolicited
control of the computer; (2) modifying computer settings; (3)
collecting personally identifiable information; (4) inducing
the owner or authorized user to disclose personally
identifiable information; (5) inducing the unsolicited
installation of computer software; and (6) removing or
disabling a security, anti-spyware, or anti-virus technology.
Further, H.R. 964 makes it unlawful for a person to: (1)
transmit to a protected computer any information collection
program (a program that collects personally identifiable
information and uses the information to send advertising),
unless such program provides notice required by the SPY ACT
before execution of any of the program's collection functions;
or (2) execute any collection information program installed on
a protected computer unless, before execution, the user has
consented to such execution under bill's notice requirements.
The SPY ACT provides exceptions with respect to: (1) Web pages
visited within a particular Web site and (2) in the case of any
Internet-based search functions, user-supplied search terms
necessary to complete the search and return results to the
user, when the information collected is sent only to the
provider of the Web site accessed or Internet-based search
function.
The bill provides for enforcement by the Federal Trade
Commission (FTC) of violations of the SPY ACT as unfair or
deceptive acts or practices under the Federal Trade Commission
Act. It also makes the SPY ACT inapplicable with respect to:
(1) law enforcement actions; (2) monitoring undertaken for
network security; (3) Good Samaritan actions (actions taken in
good faith, and with the user's consent, by a computer software
or service provider to remove or disable a program which
violates the SPY ACT); (4) certain third party branded computer
software; and (5) certain services provided by cable operators
and satellite carriers.
H.R. 964 directs the FTC to report to Congress regarding:
(1) the applicability of the information collection
prohibitions to information that is input directly by users in
a field provided on a Web site; (2) the use of computer
tracking cookies in the delivery or display of advertising to
computer owners and users; and (3) information collection
programs installed before the effective date of the SPY ACT.
The bill becomes effective 12 months after its enactment, and
is inapplicable after December 31, 2013.
Legislative History
On February 8, 2007, H.R. 964 was introduced by
Representative Towns and referred to the Committee on Energy
and Commerce. On February 9, 2007, H.R. 964 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On March 15, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection held a hearing on H.R. 964. Testimony was
received from two technology companies, an online-marketing
trade association, and two nonprofit organizations that promote
online privacy.
On April 19, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection met in open markup session to consider H.R.
964, and the bill was forwarded to the full Committee, amended,
by a voice vote.
On May 10, 2007, the full Committee met in open markup
session and H.R. 964 was ordered favorably reported to the
House, amended, by a voice vote.
On May 24, 2007, the Committee on Energy and Commerce
reported H.R. 964 to the House, amended (H. Rept. 110-169).
On June 6, 2007, H.R. 964 was considered in the House under
suspension of the rules and passed, as amended, by a rollcall
vote: 368-48.
On June 7, 2007, H.R. 964 was received in the Senate, read
twice, and referred to the Committee on Commerce, Science, and
Transportation.
No further action was taken on H.R. 964 in the 110th
Congress.
CALL CENTER CONSUMER'S RIGHT TO KNOW ACT
(H.R. 1776)
To require employees at a call center who either initiate
or receive telephone calls to disclose the physical location of
such employees.
Summary
H.R. 1776 requires every call center employee, when
initiating or receiving phone calls, to identify the physical
location of the employee at the beginning of the call. The bill
further requires companies that utilize call centers to certify
their compliance with the Federal Trade Commission (FTC). H.R.
1776 directs the Commission to prescribe rules providing for
effective monitoring and compliance with the Act, including the
imposition of appropriate civil penalties.
Legislative History
On March 29, 2007, H.R. 1776 was introduced by
Representative Altmire and referred to the Committee on Energy
and Commerce. On March 30, 2007, H.R. 1776 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On September 11, 2008, the Subcommittee on Commerce, Trade,
and Consumer Protection held a hearing on H.R. 1776. The
Subcommittee heard testimony from the FTC, the Communications
Workers of America, the American Teleservices Association, and
an academic specializing in the call center industry.
No further action was taken on H.R. 1776 in the 110th
Congress.
PROTECTING CONSUMER ACCESS TO GENERIC DRUGS ACT OF 2007
(H.R. 1902)
To prohibit brand name drug companies from compensating
generic drug companies to delay the entry of a generic drug
into the market, and for other purposes.
Summary
H.R. 1902 prohibits drug patent legal settlements in which
a generic 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. The
bill provides for exceptions to this prohibition and does not
affect any other type of drug patent settlement. Such
violations are treated as an unfair and deceptive act or
practice and as an unfair method of competition as prohibited
under Section 5 of the Federal Trade Commission Act. H.R. 1902
further establishes new triggers for the ``failure to market''
forfeiture of the 180-day exclusivity period under the Federal,
Food, Drug, and Cosmetic Act.
Legislative History
On April 17, 2007, H.R. 1902 was introduced by Mr. Rush. It
was 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.
On April 18, 2007, H.R. 1902 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On May 2, 2007, the Subcommittee held a hearing on H.R.
1902. The Subcommittee received testimony from the Federal
Trade Commission, a consumer group, two generic drug companies,
an academic, and a prominent lawyer specializing in
intellectual property law.
No further action was taken on H.R. 1902 in the 110th
Congress.
TRAVEL PROMOTION ACT OF 2008
(H.R. 3232, S. 1661)
To establish a non-profit corporation to communicate United
States entry policies and otherwise promote tourist, business,
and scholarly travel to the United States.
Summary
H.R. 3232 establishes the Corporation for Travel Promotion
(Corporation) as a nonprofit corporation within the District of
Columbia. The Corporation is required to provide information to
people interested in traveling to the United States, identify
and address perceptions in other countries regarding U.S. entry
policies, and promote U.S. travel. The bill establishes within
the Treasury the Travel Promotion Fund, which is funded by user
fees from an automated electronic travel authorization system,
should one be implemented. These fees, in addition to voluntary
matching contributions from the private sector, are intended to
fund the Corporation, which is authorized to borrow an amount
not to exceed $10 million from the Treasury to fund its first-
year expenses and activities. For subsequent years through 2013
the Secretary of the Treasury must transfer to the Fund not
more than $100 million which shall be available to the
Corporation subject to the conditions set forth in the
legislation.
H.R. 3232 also amends the International Travel Act of 1961
to replace certain references to the United States National
Tourism Organization with references to the Corporation, as
well as modifies various requirements applicable to the Tourism
Policy Council. Finally, the bill amends the Department of
Commerce and Related Agencies Appropriations Act of 2003 to
remove provisions establishing the United States Travel and
Tourism Promotion Advisory Board.
Legislative History
On July 31, 2007, H.R. 3232 was introduced by Mr. Delahunt.
It was referred to the Committee on Energy and Commerce, and in
addition to the Committees on the Judiciary, and Homeland
Security, 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. That
same day, H.R. 3232 was referred to the Subcommittee on
Commerce, Trade, and Consumer Protection.
On September 11, 2008, the Subcommittee on Commerce, Trade,
and Consumer Protection held a hearing on H.R. 3232. The two
witnesses present were the Travel Industry Association's senior
vice president for public affairs and the director of East
Carolina University's Center for Sustainable Tourism. The
Subcommittee requested witnesses from the Department of
Commerce and the Department of the Treasury; both departments
instead submitted written testimony for the record.
On September 16, 2008, the Subcommittee on Commerce, Trade,
and Consumer Protection met in open markup session to consider
H.R. 3232, and the bill was forwarded to the full Committee,
amended, by a voice vote.
On September 23, 2008, the full Committee met in open
markup session and H.R. 3232 was ordered favorably reported to
the House, amended, by a voice vote.
On September 25, 2008, H.R. 3232 was considered in the
House under suspension of the rules and passed, as amended, by
a voice vote, two-thirds having voted in favor.
On September 26, 2008, H.R. 3232 was received in the
Senate.
On October 2, 2008, H.R. 3232 was read twice and placed on
the Senate Legislative Calendar under General Orders.
No further action was taken on H.R. 3232 in the 110th
Congress.
CALLING CARD CONSUMER PROTECTION ACT
(H.R. 3402)
To require accurate and reasonable disclosure of the terms
and conditions of prepaid telephone calling cards and services.
Summary
H.R. 3402, as passed, requires clear and conscious
disclosure of all critical terms of prepaid calling cards,
including the name of the provider and a customer service
telephone number, the dollar value of the card, the number of
available minutes, the per-minute rate, all applicable fees,
and any expiration date. It provides that any violation of
these requirements shall be considered violations of a rule
defining unfair or deceptive acts or practices under the
Federal Trade Commission Act, mandates a rulemaking by the
Federal Trade Commission to issue regulations to carry out this
legislation, and provides for enforcement by the Federal Trade
Commission against common carriers and non-common carriers
alike. It further provides for enforcement by State Attorneys
General and certain other State authorities, and preempts State
laws that prescribe disclosure requirements on prepaid calling
cards. Finally, H.R. 3402 requires a study by the Government
Accountability Office on the effectiveness of this legislation.
Legislative History
On August 3, 2007, H.R. 3402 was introduced by
Representative Engel and referred to the Committee on Energy
and Commerce. That same day, the bill was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On September 16, 2008, the Subcommittee on Commerce, Trade,
and Consumer Protection held a hearing on H.R. 3402. The
invited witnesses included The Honorable William Kovacic,
Chairman, Federal Trade Commission; Sally Greenberg, Executive
Director, National Consumers League; Yvette Zaragoza, Small
Business Manager, Latino Economic Development Corporation;
Julia Marlowe, Professor Emeritus, University of Georgia; and
John Eichberger, Vice President, Government Relations, National
Association of Convenience Stores.
On, September 16, 2008, the Subcommittee on Commerce,
Trade, and Consumer Protection met in open markup session and
forwarded H.R. 3402 to the full Committee by a voice vote.
On September 23, 2008, the full Committee met in open
markup session and H.R. 3402 was ordered favorably reported to
the House, amended, by a voice vote.
On September 25, 2008, H.R. 3402 was considered in the
House under suspension of the rules and passed, as amended, by
a voice vote, two-thirds having voted in favor.
On October 2, 2008, H.R. 3402 was received in the Senate,
read twice, and referred to the Committee on Commerce, Science,
and Transportation.
No further action was taken on H.R. 3402 in the 110th
Congress.
REGULATORY AUTHORITY OVER UNFAIR AND DECEPTIVE ACTS AND PRACTICES BY
BANKS
(H.R. 3526)
To include all banking agencies within the existing
regulatory authority under the Federal Trade Commission Act
with respect to depository institutions, and for other
purposes.
Summary
H.R. 3526 is intended to provide financial consumers with
additional protections against unfair or deceptive acts or
practices in or affecting commerce by expanding the range of
financial regulators with authority to promulgate regulations
defining with specificity and containing requirements for the
purpose of preventing such acts or practices under the Federal
Trade Commission Act (FTC Act). H.R. 3526 amends the FTC Act to
expand the range of regulators with promulgation authority
under Section 18(f) of the FTC Act (currently the Board of
Governors of the Federal Reserve with respect to banks, the
Office of Thrift Supervision with respect to savings and loan
institutions, and the National Credit Union Administration
(NCUA) with respect to Federal credit unions) to include the
other Federal banking regulators, namely the Federal Deposit
Insurance Corporation and the Office of the Comptroller of the
Currency with respect to institutions that they regulate.
The legislation requires these entities to prescribe any
such regulations in consultation with the Federal Trade
Commission (FTC), and that such regulations shall be prescribed
jointly by such agencies to the extent practicable. H.R. 3526
also provides that, whenever the Federal banking agencies and
NCUA commence rulemaking under the FTC Act for entities that
they regulate, the FTC may promulgate consistent and comparable
rules for the entities that it regulates. The legislation
allows the FTC, in those instances, to use standard notice and
comment rulemaking procedures under the Administrative
Procedure Act. Finally, the bill requires the Comptroller
General to conduct a study and report to Congress on the status
of regulations of the Federal banking agencies and the NCUA
regarding unfair or deceptive acts or practices by depository
institutions.
Legislative History
On June 13, 2007, the Committee on Financial Services held
a hearing on the need for improved Federal consumer protection
in financial services. Testimony was received from a Governor
of the Federal Reserve Board, the Comptroller of the Currency,
the Chairman of the Federal Deposit Insurance Corporation, the
Chairman of the FTC, the Deputy Director of the Office of
Thrift Supervision, the Attorney General of the State of Iowa,
and the Commissioner of Banks for the Commonwealth of
Massachusetts.
On July 25, 2007, the Committee on Financial Services held
an additional hearing, and received testimony from three
consumer groups and two industry representatives.
On September 14, 2007, H.R. 3526 was introduced by
Representative Frank. It was referred to the Committee on
Financial Services, 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 September 15, 2007, H.R. 3526 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On October 23, 2007, the Subcommittee on Commerce, Trade,
and Consumer Protection held a hearing on H.R. 3526. The sole
witness was the Director of the FTC's Bureau of Consumer
Protection. After the conclusion of the hearing, the
Subcommittee met in open markup session to consider H.R. 3526,
and the bill was forwarded to the full Committee, amended, by a
voice vote.
On October 30, 2007, the Committee on Energy and Commerce
met in open markup session and H.R. 3526 was ordered favorably
reported to the House, amended, by a voice vote.
On December 5, 2007, the Committee on Financial Services
reported H.R. 3526 to the House (H. Rept. 110-472, Part 1).
On December 5, 2007, the Committee on Energy and Commerce
reported H.R. 3526 to the House, amended (H. Rept. 110-472,
Part 2).
On December 5, 2007, H.R. 3526 was considered in the House
under suspension of the rules and passed, as amended, by a
voice vote, two-thirds having voted in favor.
On December 6, 2007, H.R. 3526 was received in the Senate,
read twice, and referred to the Committee on Banking, Housing,
and Urban Affairs.
No further action was taken on H.R. 3526 in the 110th
Congress.
SUPPORTING THE GOALS AND IDEALS OF NATIONAL CONSUMER PROTECTION WEEK
(H. Res. 94)
Summary
H. Res. 94 expresses the support of the House of
Representatives for the goals and ideals of the Ninth Annual
National Consumer Protection Week, including raising public
awareness about the importance of consumer protection. The
resolution calls on the President to issue a proclamation
calling upon Government and private sector organizations to
provide citizens with information necessary to effectively
protect themselves against consumer fraud, and encourage all
citizens to take an active role in protecting their personal
information.
Legislative History
On January 24, 2007, H. Res. 94 was introduced by
Representative Hinojosa and referred to the Committee on Energy
and Commerce. On February 2, 2007, H. Res. 94 was referred to
the Subcommittee on Commerce, Trade, and Consumer Protection.
On February 5, 2007, H. Res. 94 was considered under
suspension of the rules and passed the House, amended, by a
rollcall vote: 398-0.
SUPPORTING THE GOALS AND IDEALS OF NATIONAL INTERNET SAFETY MONTH
(H. Res. 455)
Summary
H. Res. 455 expresses the support of the House of
Representatives for the goals and ideals of National Internet
Safety Month, and commends and recognizes national and
community organizations for promoting awareness of the dangers
of the Internet and providing information and training
regarding online safety.
Legislative History
On June 5, 2007, H. Res. 455 was introduced by
Representative Bean and referred to the Committee on Energy and
Commerce. That same day, H. Res. 455 was referred to the
Subcommittee on Commerce, Trade, and Consumer Protection.
On June 12, 2007, H. Res. 455 was considered under
suspension of the rules and passed the House, amended, by a
voice vote, two-thirds having voted in favor.
Oversight Activities
THE LACK OF DIVERSITY IN LEADERSHIP POSITIONS IN NCAA SPORTS
On February 28, 2007, the Subcommittee on Commerce, Trade,
and Consumer Protection held an oversight hearing on The Lack
of Diversity in Leadership Positions in NCAA Sports. The
Subcommittee examined whether people of color have made
progress in obtaining head coaching and athletic director
positions in all levels of sports governed by the National
Collegiate Athletic Association (NCAA). The Subcommittee
further examined the obstacles to and possible steps towards
achieving greater diversity in leadership positions in NCAA
sports. Witnesses included the NCAA, a prominent civil rights
leader, an athletic director, an academician, the Black Coaches
Association, and a prominent former college basketball coach.
CURRENCY MANIPULATION AND ITS EFFECTS ON U.S. BUSINESSES AND WORKERS
On May 9, 2007, the Subcommittee on Commerce, Trade, and
Consumer Protection held a joint oversight hearing with the
Ways and Means Subcommittee on Trade and the Financial Services
Subcommittee on Domestic and International Monetary Policy,
Trade, and Technology to consider whether, and to what extent,
the Chinese renminbi (RMB) and the Japanese yen are undervalued
as a result of foreign government intervention in the currency
markets, as well as the immediate and long term impact an
undervalued RMB or yen has on the economy of the United States.
In addition, the three subcommittees examined potential actions
the United States should take in order to address exchange rate
manipulation. There were three panels of witnesses: one for
economists, another for representatives of industry and labor
organizations, and a third for Administration officials.
LEAD-TAINTED IMPORTED TOYS AND CHILDREN'S PRODUCTS
On August 22, 2007, Chairman Bobby L. Rush and Ranking
Member Cliff Stearns of the Subcommittee on Commerce, Trade,
and Consumer Protection sent comprehensive information requests
to 19 companies that had imported, overwhelmingly from China,
toys and other children's products that were recalled by the
Consumer Products Safety Commission for unsafe levels of lead
substrate or lead paint. Collectively, the 19 companies were
responsible for 9 million children's products that had been
recalled over approximately the previous nine months. The
purpose of the letters was to gather detailed information on
breakdowns in commercial and regulatory conditions surrounding
the manufacture, importation, and safety of these products.
This included the names and locations of the companies and
facilities in China that manufactured the recalled products;
the importers' legal agreements with Chinese or other
manufacturers regarding the use of lead or lead paint; the
steps taken by importers to test imported products before they
were sent to retail outlets; how and when the violative lead
levels were discovered, as well as when the CPSC was notified;
the details of recall actions undertaken; and consumer
responses to the recalls. On October 30, 2007, Chairman Rush
and Ranking Member Stearns sent follow-up letters to four
companies requesting clarifications and further details to the
responses submitted to the original request letter. Information
gleaned from responses to these letters informed the lead
provisions of H.R. 4040, the Consumer Product Safety
Improvement Act, signed by the President on August 14, 2008
(Public Law 110-314).
FROM IMUS TO INDUSTRY: THE BUSINESS OF STEREOTYPES AND DEGRADING IMAGES
On September 25, 2007, the Subcommittee on Commerce, Trade,
and Consumer Protection held an oversight hearing on The
Business of Stereotypes and Degrading Images. The Subcommittee
examined how corporate media companies portray stereotypes of
women and people of color and what effect such imagery has on
American culture. The Subcommittee particularly focused on the
commercial nature of such media portrayals, with emphasis on
the business practices of the music and video game industries.
Witnesses included top executives from the recording and video
game industry, recording artists, and prominent academicians
and civil rights activists.
DRUGS IN SPORTS: COMPROMISING THE HEALTH OF ATHLETES AND UNDERMINING
THE INTEGRITY OF COMPETITION
On February 27, 2008, the Subcommittee on Commerce, Trade
and Consumer Protection held an oversight hearing on Drugs in
Sports: Compromising the Health of Athletes and Undermining the
Integrity of Competition. The Subcommittee examined the
prevalence of performance enhancing drugs in professional
sports in the wake of the release of the ``Mitchell Report'',
the independent report by Senator George Mitchell commissioned
by Major League Baseball, on the use of steroids and other
performance enhancing drugs in professional baseball.
Furthermore, the Subcommittee examined the drug policies
implemented by various sports leagues and explored possible
reforms and government initiatives to eliminate the use of
performance enhancing drugs. Witnesses included the
commissioners and player union executive directors of the four
major professional sports leagues, the U.S. anti-doping agency,
the U.S. Olympic Committee, the National Collegiate Athletics
Association, the National Federation of State High School
Associations, and the National Thoroughbred Racing Association.
SAFETY OF PHTHALATES AND BISPHENOL-A IN EVERYDAY CONSUMER PRODUCTS
On June 10, 2008, the Subcommittee on Commerce, Trade and
Consumer Protection held an oversight hearing entitled ``The
Safety of Phthalates and Bisphenol-A in Everyday Consumer
Products.'' Phthalates are a family of compounds used to soften
certain plastics, while bisphenol-A is a building block of
polycarbonate plastic and is often found in hard, clear plastic
products. The Subcommittee examined the prevalence and potency
of these chemicals in consumer products; the emerging science
on the health effects from exposure to these chemicals,
especially for infants and children; and government agency
findings and activities concerning the effects of these
chemicals on human health. Witnesses included scientists from
four government agencies: the Consumer Product Safety
Commission; the National Toxicology Program at the National
Institutes of Health; the Food and Drug Administration; and the
Environmental Protection Agency. Other witnesses represented
industry (American Chemistry Council); State government
(Department of Toxic Substances Control, the State of
California); and consumer advocacy groups (Science and
Environmental Health Network and the Center for Health,
Environment and Justice). A provision prohibiting the inclusion
of certain phthalates in toys and other children's products was
included in the conference report to H.R. 4040, the ``Consumer
Product Safety Improvement Act,'' which passed the House of
Representatives on July 30, 2008, and was signed by the
President on August 14, 2008 (Public Law 100-314).
BREEDING, DRUGS, AND BREAKDOWNS: THE STATE OF THOROUGHBRED HORSERACING
AND THE WELFARE OF THE THOROUGHBRED RACEHORSE
On June 19, 2008, the Subcommittee on Commerce, Trade and
Consumer Protection held an oversight hearing on Breeding,
Drugs, and Breakdowns: The State of Thoroughbred Horseracing
and the Welfare of the Thoroughbred Racehorse. The Subcommittee
examined commercial breeding practices, the prevalence of
performance enhancing drugs, the safety of racetracks and other
issues affecting the safety of jockeys and racehorses. The
Subcommittee also examined the sport's regulatory framework
that governs these issues and heard testimony on needed
reforms. Witnesses included prominent breeders and owners, an
ESPN analyst, the Jockey Club, the National Thoroughbred Racing
Association, prominent equine veterinarians, and a racehorse
retirement organization.
Hearings Held
The Lack of Diversity in Leadership Positions in NCAA
Collegiate Sports.--Hearing on the Lack of Diversity in
Leadership Positions in NCAA Collegiate Sports. Hearing held on
February 28, 2007. PRINTED, Serial No. 110-7.
Combating Spyware: H.R. 964, the ``SPY ACT''.--Hearing on
Combating Spyware: H.R. 964, the ``SPY ACT''. Hearing held on
March 15, 2007. PRINTED, Serial No. 110-21.
H.R. 1902, the ``Protecting Consumer Access to Generic
Drugs Act of 2007''.--Hearing on H.R. 1902, the ``Protecting
Consumer Access to Generic Drugs Act of 2007''. Hearing held on
May 2, 2007. PRINTED, Serial No. 110-39.
Currency Manipulation and Its Effects on American Business
and Workers.--Hearing on Currency Manipulation and Its Effects
on American Business and Workers. Joint hearing held with the
Committee on Financial Services Subcommittee on Domestic and
International Monetary Policy, Trade, and Technology, and the
Committee on Ways and Means Subcommittee on Trade on May 9,
2007. PRINTED by the Committee on Ways and Means, Ways and
Means Serial No. 110-38.
Protecting Our Children: Current Issues in Children's
Product Safety.--Hearing on Protecting Our Children: Current
Issues in Children's Product Safety. Hearing held on May 15,
2007. PRINTED, Serial No. 110-44.
Legislation to Improve Consumer Product Safety for
Children: H.R. 2474, H.R. 1699, H.R. 814, and H.R. 1721.--
Hearing on Legislation to Improve Consumer Product Safety for
Children: H.R. 2474, H.R. 1699, H.R. 814, and H.R. 1721.
Hearing held on June 6, 2007. PRINTED, Serial No. 110-52.
Protecting Children from Lead-Tainted Imports.--Hearing on
Protecting Children from Lead-Tainted Imports. Hearings held
September 19, 20, 2007. PRINTED, Serial No. 110-65.
From Imus to Industry: The Business of Stereotypes and
Degrading Images.--Hearing on From Imus to Industry: The
Business of Stereotypes and Degrading Images. Hearing held
September 25, 2007. PRINTED, Serial No. 110-67.
Enhancing FTC Consumer Protection in Financial Dealings,
With Telemarketers, and on the Internet.--Hearing on Enhancing
FTC Consumer Protection in Financial Dealings, with
Telemarketers, and on the Internet. Hearing held October 23,
2007. PRINTED, Serial No. 110-72.
Comprehensive Children's Product Safety and Consumer
Product Safety Commission Reform Legislation.--Hearing on
children's product safety and Consumer Product Safety
Commission reform legislation. Hearing held November 6, 2007.
PRINTED, Serial No. 110-75.
Drugs in Sports: Compromising the Health of Athletes and
Undermining the Integrity of Competition.--Hearing on Drugs in
Sports: Compromising the Health of Athletes and Undermining the
Integrity of Competition. Hearing held February 27, 2008.
PRINTED, Serial No. 110-93.
Safety of Phthalates and Bisphenol-A in Everyday Consumer
Products.--Hearing on Safety of Phthalates and Bisphenol-A in
Everyday Consumer Products. Hearing held June 10, 2008.
PRINTED, Serial No. 110-125.
Breeding, Drugs, and Breakdowns: The State of Thoroughbred
Horseracing and the Welfare of the Thoroughbred Racehorse.--
Hearing on Breeding, Drugs, and Breakdowns: The State of
Thoroughbred Horseracing and the Welfare of the Thoroughbred
Racehorse. Hearing held June 19, 2008. PRINTED, Serial No. 110-
129.
Economic and Security Concerns in Tourism and Commerce:
H.R. 3232 and H.R. 1776.--Hearing on Economic and Security
Concerns in Tourism and Commerce: H.R. 3232 and H.R. 1776.
Hearing held September 11, 2008. PRINTED, Serial No. 110-146.
H.R. 3402, the ``Calling Card Consumer Protection Act''.--
Hearing on H.R. 3402, the ``Calling Card Consumer Protection
Act''. Hearing held September 16, 2008. PRINTED, Serial No.
110-147.
Subcommittee on Energy and Air Quality
Legislative Activities
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
Public Law 110-140 (H.R. 6, H.R. 453, H.R. 632, H.R. 1705, H.R. 1721,
H.R. 1933, H.R. 2635, H.R. 2701, H.R. 3221, H.R. 4773, S. 103, S. 193,
S. 357, S. 62, S. 987, S. 992, S. 1321, S. 1419, S. 1656, S. 1657, S.
1771)
Summary
The Energy Independence and Security Act of 2007 (EISA)
moves the United States towards increased energy independence
and security through increases in the production of clean
renewable fuels, by protecting consumers, by promoting research
and deployment of greenhouse gas capture and storage options,
by improving the energy efficiency of Federal Government
operations, and by increasing the energy efficiency of
products, buildings, and vehicles. Provisions within the
jurisdiction of Energy and Commerce are highlighted below.
EISA provides for extensive energy efficiency improvements
for appliances. It adopts a consensus agreement developed by
manufacturers and appliance efficiency advocates, which sets
new appliance efficiency standards for residential clothes
washers, dishwashers, and dehumidifiers. Updated standards are
also mandated by certain dates for refrigerators, refrigerator-
freezers, and freezers. New efficiency standards are
implemented for stationary general and special purpose electric
motors and residential boilers, as well.
EISA authorizes the Department of Energy (DOE) to
establish, after a detailed study of costs and benefits
involving all stakeholders, up to three regional variations in
energy efficiency appliance standards for non-portable heating
or air-conditioning products and requires labeling. Any such
regional standards are expected by the Committee to be enforced
pursuant to Sections 333 through 335 of the Energy Policy and
Conservation Act, including self-enforcement by purchasers of
such equipment sold into regions for which it is not labeled.
Section 325(p)(1) of the Energy Policy and Conservation Act
(EPCA), which requires an advanced rulemaking process prior to
a proposed rulemaking process, was repealed.
EISA also expedites the appliance standard rulemaking
process when stakeholders submit consensus positions regarding
new appliance efficiency standards. It also corrects a
misinterpretation of the Energy Policy Act of 2005 (EPACT),
which blocked implementation of final rules adopted by DOE on
commercial package air-conditioning equipment, and adopted new
appliance efficiency standards based on such final rules.
EISA provides that DOE may set more than one performance
standard to prescribe minimum energy efficiency or maximum
energy use for covered products (and may of course accept more
than one as part of a consensus agreement), with separate
provisions regarding covered products that use or handle water
to allow standards that cover both water and energy where
appropriate.
Under this law, DOE is required to review appliance
efficiency standards by 6 years after their establishment and
propose new standards if warranted based on technical and
economic factors. The law sets a 2-year deadline for
finalization of new standards. Where DOE determines new
standards are not warranted, it must revisit that determination
after three years. EISA also requires DOE to report its
progress in keeping schedule to establish new appliance
efficiency standards every six months and to report any delays
or missed deadlines, sending such reports directly to relevant
congressional committees, and also to the court and parties
involved in an operative consent decree under which DOE makes
up prior failures to meet such deadlines. The purpose is to
facilitate a separate agreement reached between efficiency
advocates and relevant manufacturers and associations to bring
further joint legal action in Federal court to require DOE
compliance, in lieu of allowing a lapse of preemption of State
appliance efficiency standards. Furthermore, under EISA all
appliance test procedures must be reviewed every seven years.
For furnace fans, DOE must complete rulemaking by July 1, 2013
when permitted, but not required, by EPAct 2005.
EISA also requires that Federal agencies that purchase and
utilize appliances which include external and certain internal
standby power devices, to purchase only such products that use
not more than 1 watt in the standby mode, or the lowest wattage
available for such a product, except where impracticable or
where the performance of the product might thereby be
compromised. Appliance efficiency standards for external power-
supply devices were also adopted and DOE is required to review
such standards in 2011 and 2015, with any updated standards
being effective 2 years thereafter.
In adopting lighting standards, EISA establishes that for
general service lamps, 100-watt incandescent bulbs emitting
less than 60 lumens per watt be prohibited in 2012 and
thereafter. A set schedule by which general service electric
lamps sold each year should meet stated minimum energy
efficiency improvement targets. Under the law, exemptions for
special purpose lamps and conditional exceptions for other
designated lamps are created as well as incentives, public
education, labeling and sales data tracking system.
EISA creates minimum efficiency standards for incandescent
reflector lamps and certain fluorescent lamps. It also required
that the federal government substitute energy-efficient
lighting for incandescent bulbs wherever feasible. Manufactured
housing must also meet updated efficiency codes unless it is
not cost effective to do so.
EISA allows States to premise energy budgets in building
codes on use of appliances with energy efficiency greater than
the Federal minimum standards. It also reauthorizes the
Weatherization Assistance Program through 2012.
Commercial and Federal building energy efficiency
requirements are increased under EISA. An Office of High-
Performance Green Buildings is established within DOE (within
the Office of Energy Efficiency and Renewable Energy). The law
requires that the Director will coordinate green building
activities within the Federal government, and create and enter
into public-private partnerships to leverage private
investments to achieve green building objectives.
EISA also provides for the review and adoption of a
national goal to reduce commercial building energy use and
achieve commercial buildings that--through efficiency and use
of renewable energy--eliminate net use of fossil fuels. The
provision sets goals that such buildings be generally
constructed after 2025, attain 50 percent of all commercial
buildings by 2035 through retrofitting green technologies, and
are achieved in all commercial buildings by 2050. The Director
of the new office is required to develop and implement life-
cycle budgeting and costing methodologies and tools for green
buildings. The Director also is responsible for identifying and
implementing incentives through recognition awards and to allow
agencies to retain savings achieved through green building
practices.
Under EISA, the Director of the Office of Federal
Procurement is required to modify procurement guidelines to
employ green building materials and technologies and reduce
environmental impacts. Federal agencies must also identify
energy and water saving measures that could be undertaken in
each building (with 12-year-or-shorter paybacks), and within
three years to implement and publicize such measures on the
Internet and develop a benchmarking system by which each
agency's success will be scored.
The building efficiency provisions of EISA also require at
least five demonstration projects of green building technology
at Federal facilities and four at universities in different
regions of the U.S. An Environmental Protection Agency (EPA)
program is established to assist in achieving greater
efficiency in buildings housing data centers and server farms.
EISA provides additional energy efficiency gains in the
industrial sector by amending the Energy Conservation and
Policy Act by adding three new sections. First, a survey of
wasted industrial energy recovery and potential use requires
that EPA create a registry of sites with economically feasible
waste energy recovery, disqualifying any with use of thermal
energy that would not be separately justifiable, or that fail
to demonstrate a reasonable and efficient balance between
useful thermal and electric energy output. Second, EISA creates
incentives for recovery, utilization and prevention of
industrial waste energy by providing grants to support waste
energy recovery and supported access to market for any excess
power generated from waste energy, requiring consideration of
alternate regulatory structures to allow such market access.
Lastly, the bill establishes Clean Energy Application Center,
which strengthens and renames existing Combined Heat and Power
(CHP) Application Centers, to provide expert resources on
energy efficiency, CHP, waste energy recovery, and energy-
efficient materials usage, working directly with affected
industries.
Another EISA provision promotes CHP and district energy
systems in public institutions and public school districts,
providing funding to help meet initial capital costs through
Federal grants and revolving fund loans. Under the law, the
State Energy Program is also reauthorized through 2012 and the
ESPC program sunset was eliminated.EISA creates an energy
efficiency financing advisory committee to advise DOE on ways of
lowering costs and increasing investments in energy efficiency.
Another energy efficiency provision of EISA establishes
block grant programs for state and local energy efficiency
improvements. The program also provided for public education
and technical assistance to spread awareness of opportunities
for energy efficiency. Under the green buildings retrofit
provision, the Director of the Office of High Performance Green
Buildings guarantees loans to cover up to 80 percent of the
costs to retrofit and renovate existing buildings to meet green
building standards.
EISA includes provisions to facilitate the development and
implementation of a Smart Grid. A Federal policy was put in
place to encourage the use of smart grid technologies. Under
the policy, the Department of Energy is directed to lead the
Federal effort and to work with States and utilities supported
by both a Federal agency smart grid task force and a smart grid
advisory committee from stakeholder interests. It also tasks a
study of smart grid technologies and completes, assesses, and
reports on the barriers to and requirements of a successful
smart grid.
The demand response provision of EISA amends the National
Energy Conservation Policy Act by adding a National Action Plan
for Demand Response which required the Commission to conduct an
assessment of demand response potential and to prepare a plan
to achieve that potential through assistance to States, and an
Environmental Attributes and Impacts of Demand Response and
Smart Grid Systems which required an EPA Study of environmental
effects of demand response and Smart Grid implementation.
EISA also amends section 1702(c) of EPACT to (1) retain the
existing statutory limit on DOE's authority to make a loan
guarantee for an eligible project (up to 80 percent of the
project cost of a facility); (2) clarify that DOE should
approve an amount likely to attract nonguaranteed investment
adequate to capitalize the project; (3) provide that while DOE
has discretion to guarantee up to 100 percent of the loan
amount (subject to the existing 80 percent of project cost
cap), DOE may not issue a generic rule establishing a lower
percentage limit; and (4) require that a recipient of a loan
guarantee provide reasonable assurances that construction
workers will be paid not less than prevailing wages consistent
with the Davis-Bacon Act.
The bill provides for the development and improvements of
renewable fuels infrastructure. It requires that DOE establish
a grant program to assist with the installation, replacement,
or conversion of existing infrastructure so that it may be used
with renewable fuel, including E85. It also provides for
technical assistance and marketing grants, authorized $200
million annually to DOE for purposes of carrying out this
section, and prohibits the awarding of any grant to a large,
vertically integrated oil company.
The Petroleum Marketing Practices Act (PMPA) is amended to
prohibit a franchise agreement from restricting the
franchisee's ability to install renewable fuel infrastructure,
convert existing infrastructure to renewable fuel use,
advertise the availability of renewable fuel, or sell renewable
fuel in any specified area of the marketing premises.
Additionally, under the provision DOE, in consultation with the
Department of Transportation (DOT), is required to report to
Congress on the market penetration of FFVs and on the
feasibility of requiring motor fuel retailers to install E85
compatible dispensers.
DOE, in consultation with DOT, must conduct a study on the
feasibility of the construction of dedicated ethanol pipelines
and study and report to Congress on the adequacy of railroad
infrastructure for the delivery of ethanol. EPA, in
consultation with DOE and DOT, also must conduct a study of the
feasibility of widespread use of ethanol blended gasoline with
levels of ethanol greater that 10 percent.
For cellulosic ethanol production, EISA amends EPACT to
increase the authorized amount of cellulosic ethanol production
grants and establish criteria to promote geographical
dispersion of grant recipients and feedstock diversity. It also
requires DOT, in consultation with DOE, to engage in a public
education campaign to make consumers aware of the availability
of flexible-fuel vehicles and the locations where renewable
fuels can be purchased.
In another section, EISA modifies the procedures for
obtaining a waiver under section 211(f)(4) of the Clean Air Act
related to fuels and fuel additives. This section required the
Administrator to take final action on a waiver application
within 270 days of receiving the application. An application is
not to be considered granted unless and until the Administrator
took final action granting the waiver.
The bill creates a grant program to support the domestic
development and production of flexible-fuel vehicles and
authorized $50 million for cellulosic ethanol grants to 10
entities from 1890 land grant colleges, Historically Black
Colleges or Universities, Tribal serving institutions or
Hispanic serving institutions.
EISA establishes an initiative to promote plug-in hybrid
technologies as well as advance battery procurement. The
Secretary of Energy is directed to establish a program to
provide guarantees of loans for the construction of facilities
for the manufacture of advanced vehicle batteries and battery
systems that are developed and produced in the United States.
EISA also amends Section 712 of the Energy Policy Act of 2005
(42 U.S.C. 16062) to expand that section's application to
components of hybrid batteries and vehicles, and gives priority
to manufacturing facilities that have recently ceased or will
soon cease operation.
Under EISA, the Secretary of Energy is also directed to
establish a program to make grants to owners of domestic motor
vehicle manufacturing or production facilities for the
production of plug-in hybrid electric motors or conversion
modules to be used as electricity storage capacity for
utilities.
Incentives for Federal and State fleets are established by
amending section 301 of the Energy Policy Act of 1992 (42
U.S.C. 13211) to create incentives for the use of medium and
heavy duty hybrid vehicles in Federal and State fleets. Section
508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is also
amended to include electric drive in relevant provisions of the
Energy Policy Act of 1992.
EISA establishes additional policies to improve the state
data collection required by the Energy Information
Administration (EIA) to support efficient energy markets.
Legislative History
The Subcommittee on Energy and Air Quality held eight
hearings prior to reporting Committee Prints for the Energy
Independence and Security Act of 2007.
On February 28, 2007, the subcommittee held an oversight
hearing entitled, ``A Review of the Administration's Energy
Proposal for the Transportation Sector.''
On April 18, 2007, it held an oversight hearing entitled,
``Alternative Transportation Fuels: An Overview.''
On April 24, 2007, the subcommittee held an oversight
hearing on the implementation of the Energy Policy Act of 2005
loan guarantee Programs by the Department of Energy.
The subcommittee also held two hearings on energy
efficiency. On May 1, 2007, it held an oversight hearing
entitled ``Achieving--At Long Last--Appliance Efficiency
Standards'' and on May 3, 2007, the Subcommittee held a
hearing, ``Facilitating the Transition to a Smart Electric
Grid.''
On May 8, 2007, there was an oversight hearing concerning
alternative fuels entitled, ``Alternative Fuels: Current
Status, Proposals for New Standards, and Related Infrastructure
Issues.''
In May and June of 2007 the subcommittee held two days of
legislative hearings to hear from stakeholders on discussion
drafts of the energy bill. The first legislative hearing, held
on May 24, 2007, consisted of witness testimony concerning the
energy efficiency, smart electric grid, loan guarantees, and
standby loans for coal-to-liquids projects provisions of the
drafts. On June 7, 2007, the Subcommittee held legislative
hearings on the discussion drafts concerning alternative fuels,
infrastructure, and vehicles.
On June 20, 2007, the subcommittee met in open session to
mark up the committee discussion drafts. A committee print
concerning advanced battery and plug-in hybrid technology was
reported to full committee, amended, by a voice vote. Another
committee print, concerning enhanced EIA data collection, was
forwarded to the full Committee, without amendment, by a voice
vote. And yet another committee print regarding the promotion
of renewable fuel infrastructure was forwarded to the full
Committee, amended, by a rollcall vote: 17-14.
On June 27 and 28, 2007, the full Committee met in open
markup to consider six committee prints. On June 27, 2007,
Committee Print #1, To promote greater energy efficiency, was
ordered favorably reported, amended, by a rollcall vote: 27-18.
Committee Print #2, To facilitate the transition to a smart
electric grid, was ordered favorably reported, amended, by a
voice vote. Committee Print #3, To clarify the amount of loans
to be guaranteed under Title XVII of the Energy Policy Act of
2005, was ordered favorably reported without amendment, by a
voice vote.
On June 28, 2007, the committee met in open markup session
to consider the remaining three committee prints. Committee
Print #4, To promote the development of renewable fuels
infrastructure, was ordered favorably reported, amended, by a
rollcall vote: 33-21. Committee Print #5, To promote advanced
plug-in hybrid vehicles and vehicle components, was ordered
favorably reported, amended, by a voice vote. Committee Print
#6, To enhance availability of critical energy information, was
ordered favorably reported, amended, by a voice vote.
After passage of the committee prints by the Committee on
Energy and Commerce, the prints were introduced as six separate
bills (HR 3236-HR 3241) and combined with the contributions of
other committees into an omnibus energy bill, which initially
passed the House on August 4, 2007 as H.R. 3221. Over the next
several months the House and Senate worked to reconcile the
differences between their respective versions of omnibus energy
legislation. There were several policies contained in the
Senate-passed version of the legislation that did not appear in
the House bill but that were squarely in the jurisdiction of
the Committee on Energy and Commerce and on which the committee
took the lead in negotiating on behalf of the House. The two
most notable were revisions to Corporate Average Fuel Economy
(CAFE) and revisions to the Renewable Fuel Standard (RFS).
The Conference Committee negotiated a 40-percent increase
in the fuel economy of motor vehicles, increasing standards to
35 mpg for passenger cars and light trucks combined. The
compromise provided manufacturers with the flexibility to
contribute significantly to the national objectives of
increasing energy security and environmental protection, while
preserving approximately 17,000 domestic assembly plant jobs in
the United States. It also established specific numbers and
targets, including new categories of vehicles, in a
comprehensive approach to fuel economy. It required
manufacturers to maintain a minimum fleet-wide average,
distinguished between cars and trucks when establishing
standards, and expanded incentives for the production of
vehicles that run on biofuels such as ethanol or biodiesel.
The Senate-passed version of the energy bill included an
expanded RFS, a policy initially created in the Energy Policy
Act of 2005 which mandated a minimum amount of renewable fuel
to be blended with conventional gasoline. During the
negotiations between the House and Senate, the Committee was
successful in keeping the authorization for the RFS in the
Clean Air Act and its administration at the Environmental
Protection Agency. The final negotiated version of the RFS
significantly increased the percentage of transportation fuel
that must come from renewable resources; created separate
mandates for advanced biofuels; added provisions to discourage
renewable fuel production from environmentally sensitive lands;
and added the first specific greenhouse gas reduction
requirement to the Clean Air Act.
On December 6, 2007, the House voted to agree with
amendments to the Senate amendments to H.R. 6 by a rollcall
vote: 235-181.
On December 13, 2007, the Senate concurred in the House
amendment to the Senate amendment to H.R. 6, with an amendment,
by a rollcall vote: 86-8.
On December 18, 2007, the House agreed to the Senate
amendments to the House amendments to the Senate amendments by
a rollcall vote: 314-100.
H.R. 6 was presented to the President on December 18, 2007,
and signed into law on December 19, 2007 (Public Law 110-140).
CLEAN-DIESEL RETROFIT AUTHORIZATION
Public Law 110-255 (S. 2146, H.R. 3754)
To authorize the Administrator of the Environmental
Protection Agency to accept, as part of a settlement, diesel
emission reduction Supplemental Environmental Projects, and for
other purposes.
Summary
H.R. 3754 authorized the Administrator of the Environmental
Protection Agency to accept diesel emissions reduction
Supplemental Environmental Projects as part of settling alleged
environmental violations, provided that the projects: protect
human health or the environment; are related to the underlying
alleged violation; do not constitute activities that the
defendant would otherwise be legally required to perform; and
do not provide funds for the staff of the Agency or for the
contractors to carry out the Agency's internal operations.
Legislative History
The Subcommittee on Energy and Air Quality held a hearing
entitled, ``H.R. 3754: Authorizing Supplemental Environmental
Projects to Incent Reductions of Diesel Emissions,'' on
February 13, 2008. The Subcommittee received testimony from the
following witnesses: The Honorable Jim Costa, Representative of
the 20th District of California; Mr. Tim Regan, Senior Vice
President, Corning Incorporated; and, Mr. Conrad Schneider,
Advocacy Director, Clean Air Task Force.
On February 13, 2008, the Subcommittee on Energy and Air
Quality met in open markup session. H.R. 3754 was forwarded to
the full Committee, without amendment, by a voice vote.
On Thursday, March 13, 2008, the full Committee met in open
markup session and H.R. 3754 was ordered reported to the House,
without amendment, by a voice vote.
On June 10, 2008, the Committee on Energy and Commerce
reported H.R. 3754 to the House (H. Rept. 110-705).
On February 29, 2008, S. 2146, identical companion
legislation to H.R. 3754, passed the Senate by unanimous
consent.
On March 3, 2008, S. 2146 was referred to the Committee on
Energy and Commerce.
On June 12, 2008, S. 2146, passed the House, as amended,
under suspension of the rules by a rollcall vote: 406-0.
On June 17, 2008, the Senate agreed to the House amendment
to S. 2146 by unanimous consent, clearing the measure for the
White House.
On June 24, 2008, S. 2146 was presented to the President
and on June 30, 2008, signed into law (Public Law 110-255).
TO PROHIBIT THE IMPORTATION OF CERTAIN LOW-LEVEL RADIOACTIVE WASTE INTO
THE UNITED STATES
(H.R. 5632)
Summary
H.R. 5632 would bar issuance by the Nuclear Regulatory
Commission of any license for importation of low-level
radioactive waste, as defined in the Atomic Energy Act of 1954
(42 U.S.C. 2111 et seq.), into the United States. The bill
provides exceptions for low-level waste entering under an
existing license as of the date of enactment or low-level waste
being returned to a United States facility from which it
originated, and authorizes the President to waive the
prohibition in instances where the President finds specific
reasons in the national interest to provide such waiver.
Legislative History
On March 13, 2008, H.R. 5632 was introduced by
Representative Gordon of Tennessee, with Representative
Matheson of Utah and Representative Whitfield of Kentucky as
cosponsors. It was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker. That
same day, the bill was referred to the Subcommittee on Energy
and Air Quality.
On Tuesday, May 20, 2008, a hearing was held in the
Subcommittee on Energy and Air Quality. Witnesses included
Margaret M. Doane, Director, Office of International Programs,
Nuclear Regulatory Commission; Kent J. Bradford, Chairman, Utah
Radiation Control Board; R. Steve Creamer, Chairman and Chief
Executive Officer, EnergySolutions; and Gene Aloise, Director,
Natural Resources and the Environment, U.S. Government
Accountability Office.
No further action was taken on H.R. 5632 during the 110th
Congress.
CARBON CAPTURE AND STORAGE EARLY DEPLOYMENT ACT
(H.R. 6258)
To accelerate the development and early deployment of
systems for the capture and storage of carbon dioxide emissions
from fossil fuel electric generation facilities, and for other
purposes.
Summary
The legislation would authorize distribution utilities of
fossil-based electricity to hold a referendum on the question
of establishing a Corporation which would assess a fee in order
to establish a fund for carbon capture and storage (CCS)
technologies. If established, the Corporation would operate
outside the federal government as a part of the Electric Power
Research Institute and would not be subject to the annual
budget or appropriations process. Once established, the new
entity would be authorized to assess fees on consumers of
fossil fuel based electricity. The fees would be set in
accordance with the carbon dioxide content of each fossil fuel
and would total between $1 billion and $1.1 billion annually
for ten years. The funds would be spent on projects which
demonstrate carbon capture and storage technologies.
Legislative History
On June 12, 2008, H.R. 6258 was introduced by
Representative Boucher and referred to the Committee on Energy
and Commerce.
On June 13, 2008, H.R. 6258 was referred to the
Subcommittee on Energy and Air Quality.
On July 10, 2008, the Subcommittee on Energy and Air
Quality held a legislative hearing on H.R. 6258. The
subcommittee received testimony from representatives of the
United Mine Workers of America, American Electric Power (AEP),
the National Association of Regulatory Utility Commissioners
(NARUC), the Electric Power Research Institute (EPRI), the
Natural Resources Defense Council (NRDC), and Carnegie Mellon
University.
CYBER-SECURITY DISCUSSION DRAFT
Summary
Electricity generators and transmission facilities are
increasingly managed by computers connected to the internet.
The Idaho National Laboratories (INL) demonstrated that some
electrical generators could be destroyed through remote cyber
access by throwing generators out of phase. A Federal Energy
Regulatory Commission (FERC) survey of 30 utilities found that
23 had not adequately complied with a June 2007 advisory to
mitigate vulnerabilities from cyber intrusions into control
systems that can cause physical damage to generators and
transmission equipment. The Defense Science Board issued a
report which identified the vulnerability of defense bases and
task critical assets to loss of electrical power from cyber
security attacks. The Homeland Security Committee had held
hearings reviewing this threat. Representatives of all Federal
agencies agreed that the threat to the nation's electric grid
from unauthorized access via computer ``hacking'' is a major
and urgent national security threat to which the industry may
not be able to respond adequately using existing consensus-
based authority.
A discussion draft of a bill was negotiated by Committee
staff that would provide FERC with emergency powers to order
utilities to take specific measures to protect the grid
operations, based upon the identified threat or upon a
presidential finding of a cyber security emergency.
Legislative History
The Subcommittee on Energy and Air Quality held a
legislative hearing on September 11, 2008, which assessed
threats to the bulk power system from cyber security attacks
and reviewed the draft legislation. Witnesses included the
FERC, Department of Energy (DOE), North American Electric
Reliability Corporation (NERC), Exelon-representing the Edison
Electric Institute, the American Public Power Association and
the National Rural Electric Cooperatives Association. Following
that hearing, a classified Members' briefing was held on
September 16, 2008, at which the Central Intelligence Agency,
DOE, FERC, Department of Defense, Defense Science Board
(staff), and INL detailed threats and vulnerabilities to the
bulk power system from cyber and physical attacks.
Congress recessed prior to completing work on this bill.
CLIMATE CHANGE LEGISLATION DISCUSSION DRAFT
Summary
The discussion draft of climate legislation would amend the
Clean Air Act to establish an economy-wide cap-and-trade
program to reduce greenhouse gas emissions. By putting a price
on carbon emissions and spurring the development of new and
efficient technologies, the discussion draft aims to lower
heat-trapping gases and establish a low-carbon economy. The
discussion draft cap-and-trade program covers approximately 87
percent of U.S. greenhouse gas emissions, and would reduce
covered emissions to approximately six percent below 2005
levels by 2020, 44 percent below 2005 levels by 2030, and 80
percent below 2005 levels by 2050. Hydrofluorocarbons are
covered separately from other gases by amending Title VI of the
Clean Air Act. The discussion draft presents four options for
allocating allowance value.
Sources ``covered'' by the cap include power plants,
producers and importers of petroleum and other fossil-based
fuels, large industrial facilities, producers and importers of
other bulk gases, natural gas local distribution companies, and
geologic sequestration sites. The draft's cap-and-trade system
would help reduce costs by providing flexibility to emitters,
creating incentives for sources to use low-cost compliance
strategies, and encouraging technological innovation. Emission
caps in the program's early years are set to provide a
reasonable transition into a carbon-constrained environment,
which will also help contain costs. The draft's energy
efficiency programs also form an important component of
limiting the cost of the overall program.
Under the program, covered entities would be able to
purchase EPA-approved domestic and international offset credits
to meet a portion of their compliance obligation. All offset
projects must meet strict quality criteria. Carbon market
oversight responsibilities, including prevention of fraud and
manipulation, would reside with the Federal Energy Regulatory
Commission. To avoid jobs and emissions moving overseas as a
result of a mandatory U.S. climate change program, the
discussion draft relies on various combinations of allocations
to industry and border adjustments for carbon-intensive
products.
The discussion draft contains numerous provisions to
improve energy efficiency, including new loan programs and more
stringent building code standards. The draft legislation also
included provisions to spur the deployment of clean energy
technologies, including carbon capture and sequestration
systems, and wind and solar technologies.
Legislative History
The Subcommittee on Energy and Air Quality held 13 hearings
which contributed to the development of the draft: (1)
``Climate Change: Are Greenhouse Gas Emissions from Human
Activities Contributing to the Warming of the Planet?'' held on
March 7, 2007, (2) ``Climate Change and Energy Security:
Perspectives from the Automobile Industry'' held on March 14,
2007, (3) ``Climate Change: State and Local Perspectives'' held
on March 15, 2007, (4) ``Climate Change: Perspectives of
Utility CEOS'' held on March 20, 2007, (5) ``Perspectives on
Climate Change,'' held on March 21, 2007, (6) ``Climate Change-
International Issues, Engaging Developing Countries,'' held on
March 27, 2007, (7) ``Climate Change: Lessons Learned from Cap-
and-Trade Programs,'' held on March 29, 2007, (8)
``Administration Perspectives on United Nations Climate Change
Conference in Bali,'' held on January 17, 2008, (9) ``Climate
Change: Competitive Concerns and Prospects for Engaging
Developing Countries,'' held on March 5, 2008, (10)
``Legislative Proposals to Reduce Greenhouse Gas Emissions: An
Overview,'' held on March, 19, 2008, (11) ``Strengths and
Weaknesses of Regulating Greenhouse Gas Emissions Using
Existing Clean Air Act Authorities,'' April 10, 2008, (12)
``Climate Change: Costs of Inaction'' held on June 26, 2008,
(13) ``Climate Benefits of Improved Building Energy
Efficiency,'' held on July 17, 2008.
Oversight Activities
THE PIPELINE INSPECTION, PROTECTION, ENFORCEMENT, AND SAFETY ACT OF
2006: IMPLEMENTATION REVIEW AND DISCUSSION OF SAFETY REASSESSMENT
INTERVALS FOR NATURAL GAS PIPELINES
On March 12, 2008, the Subcommittee on Energy and Air
Quality held an oversight hearing to review implementation of
the Pipeline Inspection, Protection, Enforcement, and Safety
Act of 2006 (the PIPES Act). This was the first oversight
hearing conducted since the PIPES act was signed into law on
December 29, 2006. The purpose of the hearing was to review the
progress of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) in administering the new provisions of
pipeline safety law; review the agency's progress onmeeting
past deadlines from previous statutory requirements; and to review
proposals to change the mandatory 7 year reinspection interval for
natural gas pipelines. The subcommittee received testimony from PHMSA,
the National Association of Regulatory Utility Commissioners, the
Pipeline Safety Trust, the American Gas Association, the Interstate
Natural Gas Association of America, and Association of Oil Pipelines.
THE RENEWABLE FUELS STANDARD: ISSUES, IMPLEMENTATION, AND OPPORTUNITIES
On May 6, 2008, the Subcommittee on Energy and Air
Quality held an oversight hearing on the Renewable Fuels
Standard (RFS). The RFS was created by the Energy Policy Act of
2005 and received a significant revision in 2007 as part of the
Energy Independence and Security Act. The goal of the hearing
was to gather testimony from the Environmental Protection
Agency and various stakeholders concerning the implementation
of the newly rewritten program. The subcommittee received
testimony from the Honorable Stephanie Herseth Sandlin (SD),
the EPA, the Natural Resources Defense Council, the Renewable
Fuels Association, the National Petrochemical and Refiners
Assocation, the Grocery Manufacturers of America, the National
Corn Growers Assocation, the POET Corporation, KL Process
Design Group LLC, and Oxfam America.
NEXT STEPS TOWARD PERMANENT NUCLEAR WASTE DISPOSAL
On July 15, 2008, the Subcommittee on Energy and Air
Quality held an oversight hearing on the status of the Yucca
Mountain high-level nuclear waste repository program. The
Nuclear Waste Policy Act (NWPA) of 1982 and its amendments of
1987 established Yucca Mountain as the primary site of long-
term nuclear waste disposal. In February of 2002, the President
recommended to Congress that Yucca Mountain undergo development
into a repository site and instructed the Department of Energy
to proceed with construction licensing. On June 3, 2008, the
Department of Energy submitted an application for such a
license to the Nuclear Regulatory Commission, meeting a
promised deadline.
The hearing was intended to review the further procedural
steps required before a license can be issued, to understand
the updated timing of the completion of the repository if a
license is granted, and to review other issues that have arisen
concerning the project. One was the funding that will be
required for constructing the repository and its availability
through the collections of a direct fee from electric
ratepayers since 1982, now amounting to principal and interest
putatively valued at about $30 billion, but treated as Federal
revenue subject to separate appropriations. The current failure
of the Federal government to meet its statutory responsibility
to accept nuclear waste from plant operators, and the growing
legal liability for that failure, was another topic of the
hearing. As well, the hearing reviewed the question of whether
a second repository should be planned or whether the statutory
ceiling of 70,000 tons of waste an amount likely to accumulate
prior to the opening of the Yucca Mountain facility could be
raised consistent with safety and engineering considerations.
Testimony was offered by the Hon. Shelley Berkley of
Nevada and by a panel of witnesses including: Mr. Edward F.
Sproat, III, Director of the Office of Nuclear Waste Management
of the Department of Energy; Mr. Robert J. Myers, Principal
Deputy Assistant Administrator, Environmental Protection
Agency; Mr. Michael F. Weber, Director, Office of Nuclear
Material Safety and Safeguards, Nuclear Regulatory Commission;
Dr. B. John Garrick, Chairman, Nuclear Waste Technical Review
Board; Mr. Marvin Fertel, Executive Vice President and Chief
Nuclear Officer, Nuclear Energy Institute; and Ms. Anne C.
George, Commissioner, Connecticut Department of Public Utility
Control.
HEARINGS HELD
Addressing Climate Change: Views from Private Sector
Panels.--Hearing on private sector views on addressing climate
change. Hearing held February 13, 2007. PRINTED, Serial No.
110-4.
A Review of the Administration's Energy Proposal for the
Transportation Sector.--Hearing on the review of the
Administration's Energy proposal for the Transportation sector.
Hearing held February 28, 2007. PRINTED, Serial No. 110-9.
The Environmental Protection Agency Fiscal Year 2008 Budget
Request.--Hearing on the Environmental Protection Agency's
budget request for fiscal year 2008. Hearing held March 8,
2007, jointly with the Subcommittee on Environment and
Hazardous Materials. PRINTED, Serial No. 110-11.
Carbon Capture and Sequestration.--Hearing on the overview
of carbon capture and sequestration. Hearing held March 6,
2007. PRINTED, Serial No. 110-12.
Climate Change: Are Greenhouse Gas Emissions from Human
Activities Contributing to a Warming of the Planet?--Hearing on
greenhouse gas emissions affecting the warming of the planet.
Hearing held March 7, 2007. PRINTED, Serial No. 110-14.
Climate Change and Energy Security: Perspectives from the
Automobile Industry.--Hearing on the automobile industry's
perspective regarding climate change and energy security.
Hearing held March 14, 2007. PRINTED, Serial No. 110-19.
Climate Change: State and Local Perspectives.--Hearing on
state and local perspectives regarding climate change. Hearing
held March 15, 2007. PRINTED, Serial No. 110-20.
Climate Change: Perspectives of Utility CEOs.--Hearing on
Utility CEOs' perspectives on climate change. Hearing held
March 20, 2007. PRINTED, Serial No. 110-22.
Perspectives on Climate Change.--Hearing on climate change
with former Vice President Al Gore and Swedish academic Dr.
Bjorn Lomborg. Hearing held March 21, 2007, jointly with the
Committee on Science Subcommittee on Energy and Environment.
PRINTED, Serial No. 110-23.
Climate Change--International Issues, Engaging Developing
Countries.--Hearing on international issues and developing
countries regarding climate change. Hearing held March 27,
2007. PRINTED, Serial No. 110-26.
Climate Change--Lessons Learned from the Existing Cap-and-
Trade Programs.--Hearing on lessons learned on climate change
from existing cap-and-trade programs. Hearing held March 29,
2007. PRINTED, Serial No. 110-28.
Alternative Transportation and Fuels.--Hearing on
alternative transportation and fuels. Hearing held April 28,
2007. PRINTED, Serial No. 110-31.
Implementation of EPACT 2005 Loan Guarantee Programs by the
Department of Energy.--Hearing on the Department of Energy's
implementation of EPACT 2005 Loan Guarantee Program. Hearing
held April 24, 2007. PRINTED, Serial No. 110-32.
Achieving--At Long Last--Appliance Efficiency Standards.--
Hearing on achieving appliance efficiency standards. Hearing
held May 1, 2007. PRINTED, Serial No. 110-36.
Facilitating the Transition to a Smart Electric Grid.--
Hearing on facilitating the transition to a smart electric
grid. Hearing held May 3, 2007. PRINTED, Serial No. 110-41.
Alternative Fuels: Current Status, Proposals for New
Standards, and Related Infrastructure Issues.--Hearing on the
current status, proposals for new standards, and related
infrastructure issues regarding alternative fuels. Hearing held
May 8, 2007. PRINTED, Serial No. 110-42.
Legislative Hearing on Discussion Drafts Concerning Energy
Efficiency, Smart Electricity Grid, Energy Policy Act of 2005
Title XVII Loan Guarantees, and Standby Loans for Coal-to-
Liquids Projects.--Legislative hearing on discussion drafts
concerning energy efficiency, smart electricity grid, Energy
Policy Act of 2005 Title XVII Loan Guarantees, and standby
loans for coal-to-liquids projects. Hearing held May 24, 2007.
PRINTED, Serial No. 110-50.
Legislative Hearing on Discussion Draft Concerning
Alternative Fuels, Infrastructure and Vehicles.--Legislative
hearing on a discussion draft regarding alternative fuels,
infrastructure, and vehicles. Hearing held June 7, 2007.
PRINTED, Serial No. 110-53.
Administration Perspectives on United Nations Climate
Change Conference in Bali.--Hearing on the Administration's
perspectives on United Nations Climate Change Conference in
Bali. Hearing held January 17, 2008. PRINTED, Serial No. 110-
80.
H.R. 3754: Authorizing Supplemental Environmental Projects
to Incent Reductions of Diesel Emissions.--Legislative hearing
on H.R. 3754 authorizing supplemental environmental projects to
incent reductions of diesel emissions. Hearing held February
13, 2008. PRINTED, Serial No. 110-89.
Climate Change: Competitiveness Concerns and Prospects for
Engaging Developing Countries.--Hearing on competitiveness
concerns with climate change regulation and prospects for
engaging developing countries in climate change. Hearing held
March 5, 2008. PRINTED, Serial No. 110-97.
The Pipeline Inspection, Protection, Enforcement, and
Safety Act of 2006: Implementation Review and Discussion of
Safety Reassessment Intervals for Natural Gas Pipelines.--
Hearing on the Pipeline Inspection, Protection, Enforcement,
and Safety Act of 2006: Implementation Review and Discussion of
Safety Reassessment Intervals for Natural Gas Pipelines.
Hearing held March 12, 2008. PRINTED, Serial No. 110-101.
Strengths and Weaknesses of Regulating Greenhouse Gas
Emissions Using Existing Clean Air Act Authorities.--Hearing on
the strengths and weaknesses of regulating greenhouse gas
emissions using existing Clean Air Act authorities. Hearing
held April 10, 2008. PRINTED, Serial No. 110-105.
The Renewable Fuels Standard: Issues, Implementation, and
Opportunities.--Hearing on the issues, implementation, and
opportunities surrounding the renewable fuels standard. Hearing
held May 6, 2008. PRINTED, Serial No. 110-113.
H.R. 5632, A Bill to Prohibit the Importation of Certain
Low-Level Radioactive Waste Into the United States.--
Legislative hearing on H.R. 5632, a bill to prohibit the
importation of certain low-level radioactive waste into the
United States. Hearing held May 20, 2008. PRINTED, Serial No.
110-119.
Legislative Proposals to Reduce Greenhouse Gas Emissions:
An Overview.--An overview hearing on legislative proposals to
reduce greenhouse gas emissions. Hearing held June 19, 2008.
PRINTED, Serial No. 110-130.
Climate Change: Costs of Inaction.--Hearing on the costs of
inaction regarding climate change. Hearing held June 26, 2008.
PRINTED, Serial No. 110-133.
H.R. 6258, The Carbon Capture and Storage Early
Deployment.--Legislative hearing on H.R. 6258, the carbon
capture and storage early deployment. Hearing held July 10,
2008. PRINTED, Serial No. 110-134.
Next Steps Toward Permanent Nuclear Waste Disposal.--
Hearing on permanent nuclear waste disposal. Hearing held July
15, 2008. PRINTED, Serial No. 110-135.
Climate Benefits of Improved Building Energy Efficiency.--
Hearing on the climate benefits of improved building energy
efficiency. Hearing held July 17, 2008. PRINTED, Serial No.
110-136.
Protecting the Electric Grid from Cyber-Security Threats.--
Hearing on protecting the electric grid from cyber-security
threats. Hearing held September 11, 2008. PRINTED, Serial No.
110-145.
Subcommittee on Environment and Hazardous Materials
Legislative Activities
MERCURY EXPORT BAN ACT OF 2008
Public Law 110-414 (S. 906, H.R. 1534)
To prohibit the sale, distribution, or transfer of mercury,
to prohibit the export of mercury, and to provide a long-term
management and storage option for elemental mercury generated
by private sources.
Summary
The Mercury Ban Export Act of 2008 prohibits the sale,
distribution, and transfer of elemental mercury held by Federal
agencies (except for its transfer between Federal agencies to
facilitate storage) as of the date of enactment. The export of
elemental mercury from the United States is banned beginning
January 1, 2013. Any person residing in the United States is
allowed to petition the Administrator for an exemption from the
prohibition on export of elemental mercury. The Administrator
may grant by rule, after notice and opportunity for comment, an
exemption for a specified use at an identified foreign facility
if each of the following findings is satisfied:
(i) non-mercury alternatives for the specified use
are not available in the country where the facility is
located;
(ii) there is no other source of elemental mercury
available from domestic supplies (not including new
mercury mines) in the country where the elemental
mercury will be used;
(iii) the country where the elemental mercury will be
used certifies its support for the exemption;
(iv) the export will be conducted in such a manner as
to ensure the elemental mercury will be used at the
identified facility and not otherwise diverted for
other uses for any reason;
(v) the elemental mercury will be handled and managed
in a manner that will protect human health and the
environment, taking into account local, regional, and
global human health and environmental effects; and
(vi) the export of elemental mercury for the
specified use is consistent with international
obligations of the United States intended to reduce
global mercury supply, use, and pollution.
The Administrator must also include in the exemption such
terms and conditions as are necessary to minimize the export of
elemental mercury and ensure that the conditions for granting
the exemption will be fully met. No single exemption can exceed
3 years in duration and 10 metric tons of elemental mercury.
The Administrator may by order suspend or cancel an
exemption in the case of a violation of the new Section 12(c)
of the Toxic Substances Control Act, a violation of the terms
and conditions of an exemption, or the submission of false
information. Violations of the statutory requirements or the
terms and conditions of an exemption, or the submission of
false information in connection therewith are a prohibited act
under Section 15 of the Toxic Substances Control Act. Such
violations shall be subject to penalties, injunctive relief,
and citizen suits as provided in the Toxic Substances Control
Act.
The Secretary of Energy is required not later than January
1, 2010, to designate a facility or facilities of the
Department of Energy (except Oak Ridge, Tennessee) for the
purpose of long-term management and storage, of elemental
mercury generated within the United States. The designated
facility is required to be operational not later than January
1, 2013, for the purpose of accepting custody of elemental
mercury delivered to the facility.
The Secretary is required after appropriate consultation
with interested parties, to assess and collect a fee at the
time of delivery to cover the pro rata cost of long-term
management and storage of elemental mercury delivered to the
facility. The amount of the fees is to be made publicly
available not later than October 1, 2012, and may be adjusted
annually.
Costs covered by the fee are the costs to the Department of
Energy of providing management and storage for the elemental
mercury delivered to the facility, including facility operation
and maintenance, security, monitoring, reporting, personnel,
administration, inspections, training, fire suppression,
closure, and other costs required for compliance with
applicable law. Such costs shall not include costs associated
with land acquisition or permitting of a designated facility
under the Solid Waste Disposal Act, 42 U.S.C. Section 6901 et
seq. (1976), or other applicable law. Building design and
building construction costs shall only be included to the
extent that the Secretary finds that the management and storage
of elemental mercury, accepted under the program created by
this section, cannot be accomplished without construction of a
new building or buildings.
The Secretary is required to report annually to the
appropriate Committees of jurisdiction on all of the costs
incurred in the previous fiscal year associated with the long-
term management and storage of elemental mercury, including a
separate accounting of the costs associated with activities
taken under this section.
Legislative History
On March 15, 2007, H.R. 1534 was introduced by
Representative Allen and referred to the Committee on Energy
and Commerce. On March 16, 2007, H.R. 1534 was referred to the
Subcommittee on Environment and Hazardous Materials.
On June 22, 2007, the Subcommittee on Environment and
Hazardous Materials held a hearing on H.R. 1534.
On August 2, 2007, the Subcommittee on Environment and
Hazardous Materials met in open markup session and H.R. 1534
was forwarded to the full Committee, amended, by a voice vote.
On October 30, 2007, the full Committee met in open markup
session and H.R. 1534 was ordered favorably reported to the
House, amended, by a rollcall vote: 45-2.
On November 13, 2007, the Committee reported H.R. 1534 to
the House, amended (H. Rept. 110-444). That same day, H.R. 1534
passed the House, as amended, under suspension of the rules by
a voice vote, two-thirds having voted in favor.
On November 14, 2007, H.R. 1534 was referred to the Senate
Committee on Environment and Public Works.
On May 13, 2008, the Senate Committee on Environment and
Public Works held a hearing on H.R. 1534 and S. 906 (introduced
on March 15, 2007, by Senator Barack Obama).
On September 22, 2008, S. 906 was reported to the Senate,
amended, by the Committee on Environment and Public Works (S.
Rept. 110-477).
On September 26, 2008, S. 906 passed the Senate, amended,
by unanimous consent.
On September 29, 2008, S. 906 passed the House under
suspension of the rules, by a rollcall vote: 393-5, 6 voting
present. This action cleared the measure for the White House.
S. 906 was presented to the President on October 3, 2008,
and signed on October 14, 2008 (Public Law 110-414).
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
Public Law 110-140 (H.R. 6, H.R. 453, H.R. 632, H.R. 1705, H.R. 1721,
H.R. 1933, H.R. 2635, H.R. 2701, H.R. 3221, H.R. 4773, S. 103, S. 193,
S. 357, S. 962, S. 987, S. 992, S. 1321, S. 1419, S. 1656, S. 1657, S.
1771)
(Environmental Provisions)
Title V--Healthy High Performance Schools
Summary
Title V of H.R. 6 amends the Toxic Substances Control Act
to authorize a grants award program to states for: technical
assistance for EPA programs for schools to address
environmental issues (including the Tools for Schools Program
and the Healthy School Environmental Assessment Tool); and
development and implementation of state school environmental
health programs that include standards for school building
design, construction and renovation; and identification of
ongoing school environmental problems and recommended solutions
to address those problems.
This title directs the EPA Administrator to issue voluntary
site selection guidelines that account for: the special
vulnerability of children to hazardous substances or pollution
exposures, modes of transportation available to students and
staff, and the potential use of the school site as an emergency
shelter. The title also instructs the EPA Administrator to
issue voluntary guidelines for use by States in developing and
implementing environmental health program for schools. The
voluntary guidelines for the environmental health programs,
among other considerations, will take into account
environmental hazards that can be present in school facilities,
including: lead, radon, asbestos, pollutant emissions, releases
of elemental mercury; and the special vulnerability of children
in low-income and minority communities to exposures from
environmental hazards. This title authorizes appropriations of
$1 million for fiscal year 2009, and $1.5 million for each of
the fiscal years 2010-2013. The EPA Administrator is required
to publish and submit to Congress an annual report on all
activities carried out under this title.
Legislative History
This provision was added to H.R. 6 as an amendment during
Senate consideration on June 21, 2007. That same day, H.R. 6
passed the Senate, amended, by a rollcall vote: 65-27.
The Senate and House versions were negotiated to include an
amended version of this environmental provision; differences in
the House and Senate versions of H.R. 6 were resolved on
December 18, 2007.
The President signed H.R. 6 on December 19, 2007 (Public
Law 110-140).
INTERNATIONAL SOLID WASTE IMPORTATION AND MANAGEMENT ACT OF 2005
(H.R. 518)
To amend the Solid Waste Disposal Act to authorize States
to restrict receipt of foreign municipal solid waste and
implement the Agreement Concerning the Transboundary Movement
of Hazardous Waste between the United States and Canada, and
for other purposes.
Summary
H.R. 518 amends the Solid Waste Disposal Act to authorize
States to enact laws or issue regulations or orders restricting
the receipt and disposal of foreign municipal solid waste, as
defined by this Act, within their borders until the
Administrator of the Environmental Protection Agency (EPA)
issues regulations implementing and enforcing the Agreement
Concerning the Transboundary Movement of Hazardous Waste
between the United States and Canada (Agreement). The bill
declares that State actions authorized by this Act shall not be
considered a burden on, or otherwise impede, interstate and
foreign commerce.
H.R. 518 requires the Administrator to: (1) perform the
functions of the Designated Authority of the United States with
respect to the importation and exportation of municipal solid
waste under the Agreement; (2) implement and enforce the notice
and consent and other provisions of the Agreement; and (3)
issue final regulations on the Administrator's responsibilities
as Designated Authority of the United States.
The legislation also requires the Administrator to give
substantial weight to the views of affected States and local
governments before consenting to the importation of foreign
municipal solid waste into the United States under the
Agreement, and to consider the impact of such importation on:
(1) the continued public support for Federal and local
recycling programs; (2) landfill capacities; (3) air emissions
and road deterioration from increased vehicular traffic; and
(4) homeland security, public health, and the environment.
Finally, H.R. 518 makes it unlawful for any person to
import, transport, or export municipal solid waste for final
disposal or for incineration in violation of the Agreement and
authorizes the Administrator to assess civil penalties for any
past or current violations of this Act or to commence a civil
action in the U.S. district court.
Legislative History
On January 17, 2007, H.R. 518 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce. On February 2, 2007, H.R. 518 was referred to the
Subcommittee on Environment and Hazardous Materials.
On March 20, 2007, the Subcommittee on Environment and
Hazardous Materials met in open markup session and forwarded
the bill to the full Committee by a voice vote.
On March 22, 2007, the full Committee met in open markup
session, and H.R. 518 was ordered favorably reported to the
House by a voice vote.
On March 29, 2007, the Committee on Energy and Commerce
reported HR. 518 to the House (H. Rept. 110-81).
On April 24, 2007, the House considered H.R. 518 under
suspension of the rules and passed the bill by a voice vote,
two-thirds having voted in favor.
H.R. 518 was received in the Senate, read twice and
referred to the Committee on Environment and Public Works on
April 25, 2007.
No further action was taken on H.R. 518 in the 110th
Congress.
SAFE DRINKING WATER FOR HEALTHY COMMUNITIES ACT OF 2007
(H.R. 1747)
To amend the Safe Drinking Water Act to require a national
primary drinking water regulation for perchlorate.
Summary
H.R. 1747 amends the Safe Drinking Water Act by waiving
application of certain procedures in section 1412(b) of the
Safe Drinking Water Act with respect to perchlorate and by
requiring the Administrator of the Environmental Protection
Agency to promulgate a national drinking water standard for
perchlorate. Specifically, H.R. 1747 requires EPA to publish
notice of a drinking water standard within 12 months after the
enactment of this legislation and within 18 months after
publication of the proposed standard, and notice and public
comment, promulgate a final national primary drinking water
regulation for perchlorate.
Legislative History
On March 28, 2007, H.R. 1747 was introduced by
Representative Solis and referred to the Committee on Energy
and Commerce. On March 29, 2007, H.R. 1747 was referred to the
Subcommittee on Environment and Hazardous Materials.
On April 25, 2007, the Subcommittee on Environment and
Hazardous Materials conducted a legislative hearing to examine
the Safe Drinking for Healthy Communities Act. The subcommittee
receivedtestimony from officials of the EPA, the Department of
Defense, the Government Accountability Office, the Centers for Disease
Control and Prevention, the Food and Drug Administration, and various
private interests.
On November 8, 2007, the Subcommittee on Environment and
Hazardous Materials met in open markup session and forwarded
the bill to full Committee, by a voice vote.
No further action was taken on H.R. 1747 in the 110th
Congress.
CHEMICAL FACILITIES SECURITY ACT OF 2008
(H.R. 5533)
To revise and extend the chemical facility security program
under Public Law 109-295, and for other purposes.
Summary
H.R. 5533 strikes the subsection 550(b) of Public Law 109-
295, which sunsets the chemical facility security program being
conducted by the Department of Homeland Security in October
2009. The bill also continues the existing provisions of
current law which require the Secretary of the Department of
Homeland Security to establish risk-based performance standards
for security of chemical facilities and require vulnerability
assessments and the development and implementation of site
security plans. H.R. 5533 also amends current law to provide
that a state or political subdivision may adopt or enforce any
regulation, requirement, or standard of performance with
respect to chemical facility security that is more stringent
than a regulation, requirement, or standard of performance
issued under this title, or otherwise impair any right or
jurisdiction of any State with respect to chemical facilities
within that State.
Legislative History
On March 5, 2008, H.R. 5533 was introduced by
Representative Wynn and referred to the Committee on Energy and
Commerce. On March 6, 2008, H.R. 5533 was referred to the
Subcommittee on Environment and Hazardous Materials.
On June 12, 2008, the Subcommittee on Environment and
Hazardous Materials held a hearing on H.R. 5533, the Chemical
Facilities Act of 2008 and H.R. 5577, the Chemical Facility
Anti-Terrorism Act of 2008.
No further action was taken on H.R. 5533 or H.R. 5577 in
the 110th Congress.
THE BRUCE VENTO BAN ASBESTOS AND PREVENT MESOTHELIOMA ACT OF 2008
(H.R. 6903)
To amend the Toxic Substances Control Act to reduce the
health risks posed by asbestos-containing products, and for
other purposes.
Summary
H.R. 6903 amends the Toxic Substances Control Act (TSCA) to
ban asbestos-containing products. Within two years of
enactment, the legislation would statutorily prohibit the
import, manufacture, processing or distribution in commerce of
asbestos-containing products. H.R. 6903 provides limited
exemptions that take into account public health considerations.
The bill also establishes a public education program to
increase awareness of asbestos-related diseases and the dangers
posed by asbestos-containing products in homes and workplaces.
Legislative History
On February 28, 2008, the Subcommittee on Environment and
Hazardous Materials conducted a legislative hearing on S. 742,
the Ban Asbestos in America Act of 2007 (Senator Murray) and
draft legislation to ban asbestos in products, referred to as
the ``Committee Print.'' The subcommittee received testimony
from officials of the EPA, United States Geological Survey, and
public interest and private sector representatives.
Representative Green introduced H.R. 6903 on September 15,
2008, and it was referred to the Committee on Energy and
Commerce. That same day, the bill was referred to the
Subcommittee on Environment and Hazardous Materials.
No further action was taken on H.R. 6903 in the 110th
Congress.
THE ENVIRONMENTAL JUSTICE ACT OF 2007
(H.R. 1103)
To codify Executive Order 12898, relating to environmental
justice, to require the Administrator of the Environmental
Protection Agency to fully implement the recommendations of the
Inspector General of the Agency and the Comptroller General of
the United States, and for other purposes.
Summary
H.R. 1103 codifies Executive Order 12898 Federal Actions to
Address Environmental Justice in Minority Populations and Low-
Income Populations (Environmental Justice Executive Order,
February 11, 1994) and makes modifications to the Environmental
Protection Agency's (EPA) environmental justice program based
on recommendations by the Government Accountability Office and
the EPA Inspector General. Specifically, the bill would direct
EPA to conduct environmental justice reviews of its policies
and to determine whether they may have a disproportionately
high and adverse human health or environmental effect on
minority or low-income populations. Additionally, the bill
would require EPA to analyze whether new rules will create
disproportionate human health or environmental impacts in
minority and low-income communities. The bill also creates
Congressional reporting requirements to provide for oversight
of EPA's implementation of the Environmental Justice Act.
Legislative History
On February 15, 2007, H.R. 1103 was introduced by
Representative Solis. The bill was referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Natural Resources, 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 16, 2007, H.R. 1103 was referred to the
Subcommittee on Environment and Hazardous Materials.
On October 4, 2007, the Subcommittee on Environment and
Hazardous Materials conducted a legislative hearing to examine
H.R. 1103, ``Environmental Justice Act of 2007,'' and H.R.
1055, ``Toxic Right-to-Know Protection Act.'' The purpose of
the hearing was to examine the distribution of environmental
and human health hazards in low-income and minority
communities, the federal government's progress in implementing
Executive Order 12898 and addressing such hazards, and EPA's
regulatory changes to the Toxics Release Reporting (TRI)
program. The subcommittee received testimony from officials of
the EPA, the Department of Defense, the Government
Accountability Office, the Small Business Administration, and
State and private organizations.
No further action was taken on H.R. 1747 in the 110th
Congress.
TOXIC RIGHT-TO-KNOW PROTECTION ACT
(H.R. 1055)
To amend the Emergency Planning Community Right-to-Know Act
to strike a provision relating to modifications in reporting
frequency.
Summary
H.R. 1055 would re-establish the chemical reporting
thresholds that were in place under the Toxics Release
Inventory (TRI) program prior to certain changes that were
approved by the EPA Administrator in late 2006. The bill would
amend Section 313 of the Emergency Planning Community Right-to-
Know Act (EPCRA) to prohibit the use of ``Form A''
Certification Statements for facilities using persistent bio-
accumulative and toxic (PBT) chemicals, and would re-establish
the chemical threshold for non-PBT chemicals at ``no greater
than 500 pounds.'' H.R. 1055 would also strike the provision in
EPCRA that authorizes the EPA Administrator to change the
reporting frequency of the TRI program.
Legislative History
On February 14, 2007, H.R. 1055 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce.
On February 15, 2007, H.R. 1055 was referred to the
Subcommittee on Environment and Hazardous Materials.
On October 4, 2007, the Subcommittee on Environment and
Hazardous Materials conducted a legislative hearing to examine
the ``Toxic Right-to-Know Protection Act,'' and H.R. 1103, the
``Environmental Justice Act of 2007.'' The purpose of the
hearing was to examine the distribution of environmental and
human health hazards in low-income and minority communities,
the federal government's progress in implementing Executive
Order 12898 and addressing such hazards, and EPA's regulatory
changes to the Toxics Release Reporting (TRI) program. The
subcommittee received testimony from officials of the EPA, the
Department of Defense, the Government Accountability Office,
the Small Business Administration, and State and private
organizations.
No further action was taken on H.R. 1055 in the 110th
Congress.
Oversight Activities
THE ENVIRONMENTAL PROTECTION AGENCY FISCAL YEAR 2008 BUDGET REQUEST
On March 1, 2007, the Subcommittee on Environment and
Hazardous Materials conducted the first of a two-part oversight
hearing on the fiscal year 2008 budget for the U.S.
Environmental Protection Agency. EPA is one of only two
agencies that actually faced decreases in the President's
budget for fiscal year 2008. The first hearing discussed the
decline of the President's EPA budget request over the last 10
years and the increasing concern with EPA's ability to fulfill
its programmatic mission with sufficient funding in several
critical areas including Superfund, Brownfields, State and
Local Air Quality Management Grants, the Safe Drinking Water
Act Revolving Loan Fund, the Leaking Underground Storage Tank
Program, among other issues. The subcommittee received
testimony from the EPA Office of the Inspector General, the
Environmental Council of the States, the environmental
community, and the small business community.
On March 8, 2007, the Subcommittee on Environment and
Hazardous Materials and the Subcommittee on Energy and Air
Quality held a joint oversight hearing to resume consideration
of matters related to the U.S. Environmental Protection Agency
Fiscal Year 2008 Budget Request with the EPA Administrator. The
second hearing discussed aspects of the Environmental
Protection Agency fiscal year 2008 budget request. The
subcommittee also examined issues relating to the EPA Inspector
General's independence and efforts to close Inspector General
field offices and reduce the number of inspectors. In addition,
this hearing discussed general oversight of EPA policies and
programs including the status of the fine particulate
implementation rule, the Clean Air Interstate Rule Act, Clean
Air Mercury Rule, Climate Change, Superfund cleanups and
Brownfields, among other issues.
HAZARDOUS SUBSTANCE RELEASES AND REPORTING UNDER THE COMPREHENSIVE
ENVIRONMENT RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 (CERCLA)
AND THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986
(EPCRA)
On September 24, 2008, the Subcommittee on Environment and
Hazardous Materials conducted an oversight hearing that
examined EPA's December 28, 2007, proposed administrative
reporting exemption for air releases of hazardous substances to
the air from animal waste under CERCLA and EPCRA, as well as
reviewed the operation of the Superfund program. The hearing
focused on the impacts to public health and the environment
from air releases of hazardous substances from animal waste at
animal feeding operations. EPA testified that currently a
facility has to report a release of a hazardous substance above
its reportable quantity to the national Response Center under
CERCLA section 103, and to local and State emergency
coordinators under EPCRA section 304. EPA also testified that a
response action to any notice to the national Response Center
of a release of ammonia, hydrogen sulfide, or any other
hazardous substance from animal farms was not likely. The
Agency for Toxic Substances and Disease Registry (ATSDR)
testified about the adverse health effects of hydrogen sulfide
and concluded that based on the air monitoring data collected
at Excel Dairy in Minnesota, as well as the concentrations that
were detected there, that the community exposures to hydrogen
sulfide from air emissions at that facility posed a public
health hazard to the residents living in its vicinity. USDA
testified that GAO did not have enough information and that
USDA has programs that assist farmers and ranchers to ensure
better environmental management. The GAO testified on the
findings of their recently released report. GAO found that EPA
has not yet assessed the extent to which air and water
pollution from CAFOs may be impairing human health and the
environment because it lacks key data on the amount of
pollutants that CAFOs are discharging and EPA lacks a clearly
defined strategy for effectively regulating CAFOs.
CARBON SEQUESTRATION: RISKS, OPPORTUNITIES, AND PROTECTION OF DRINKING
WATER
On July 24, 2008, the Subcommittee on Environment and
Hazardous Materials conducted an oversight hearing on carbon
capture and sequestration (CCS), the process of capturing
carbon dioxide from industrial and energy-related sources
before its release into the atmosphere, transporting it, and
storing it in a secure location, such as an underground
geologic formation.
The purpose of this hearing was to examine EPA's regulatory
authority for underground carbon sequestration and assess the
amount of geologic storage capacity and the opportunity to
sequester carbon in the United States. Specifically, the
subcommittee reviewed EPA's proposed new federal requirements
under the Safe Drinking Water Act (SDWA) for the underground
injection of carbon dioxide for the purpose of long-term
underground storage, or geologic sequestration. The proposed
regulation, which was published in the Federal Register on July
25, 2008, was issued in order to ensure protection of
underground sources of drinking water from injection-related
activities, and proposes a series of technical and regulatory
requirements that would apply to all eligible geologic
sequestration activities. Additionally, this hearing examined
the risks of carbon sequestration, as well as the impacts to
the environment.
The subcommittee received testimony from the Assistant
Administrator of the U.S. EPA Office for Water, the Director of
the Strategic Center for Coal and the U.S. Department of
Energy's National Energy Technology Lab, the Research Geologist
for the Energy Resources Team at the U.S. Geological Survey,
and a number of witnesses representing public interest and
private sector organizations.
Hearings Held
Environmental Protection Agency Fiscal Year 2008 Budget
Request.--Hearing on the Environmental Protection Agency's
fiscal year 2008 budget request. Hearing held March 1, 2007.
PRINTED, Serial No. 110-11.
Environmental Protection Agency Fiscal Year 2008 Budget
Request.--Hearing on the Environmental Protection Agency's
fiscal year 2008 budget request. Hearing held March 8, 2007,
jointly with the Subcommittee on Energy and Air Quality.
PRINTED, Serial No. 110-11.
Perchlorate: Health and Environmental Impacts of
Unregulated Exposure.--Hearing on the health and environmental
impacts of unregulated exposure to perchlorate. Hearing held
April 25, 2007. PRINTED, Serial No. 110-35.
H.R. 1524, the ``Mercury Export Ban Act of 2007''.--Hearing
on H.R. 1524, the ``Mercury Export Ban Act of 2007''. Hearing
held June 22, 2007. PRINTED, Serial No. 110-59.
Environmental Justice and the Toxics Release Inventory
Reporting Program: Communities Have a Right to Know.--Hearing
on H.R. 1103, the Environmental Justice Act of 2007, and H.R.
1055, the Toxic Right-to-Know Protection Act. Hearing held
October 4, 2007. PRINTED, Serial No. 110-71.
S. 742 and Draft Legislation to Ban Asbestos in Products.--
Legislative hearing on S. 742 and draft legislation to ban
asbestos in products. Hearing held February 28, 2008. PRINTED,
Serial No. 110-96.
H.R. 5533, the Chemical Facilities Act of 2008, and H.R.
5577, the Chemical Facility Anti-Terrorism Act of 2008.--
Legislative hearing on H.R. 5533, the Chemical Facilities Act
of 2008, and H.R. 5577, the Chemical Facility Anti-Terrorism
Act of 2008. Hearing held June 12, 2008. PRINTED, Serial No.
110-127.
Carbon Sequestration: Risks, Opportunities, and Protection
of Drinking Water.--Hearing on the risks, opportunities, and
protection of drinking water regarding carbon sequestration.
Hearing held July 24, 2008. PRINTED, Serial No. 110-141.
Hazardous Substance Releases and Reporting Under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) and the Emergency Planning and
Community Right-to-Know Act of 1986 (EPCRA).--Hearing on
Hazardous Substance Releases and Reporting Under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) and the Emergency Planning and
Community Right-to-Know Act of 1986 (EPCRA). Hearing held
September 24, 2008. PRINTED, Serial No. 110-151.
Subcommittee on Health
Public Health
Legislative Activities
NATIONAL BREAST AND CERVICAL CANCER EARLY DETECTION PROGRAM
REAUTHORIZATIION ACT OF 2007
Public Law 110-18 (H.R. 1132)
To amend the Public Health Service Act to provide waivers
relating to grants for preventive health measures with respect
to breast and cervical cancers.
Summary
H.R. 1132 reauthorizes the National Breast and Cervical
Cancer Early Detection Program (NBCCEDP) for five years and
amends the Public Health Service Act to provide waivers
relating to grants for preventive health measures with respect
to breast and cervical cancers.
Under current law, programs funded by NBCCEDP must spend at
least 60 percent of the cooperative agreement funds awarded on
screening, referral, and follow-up services. The remaining 40
percent of funds awarded may be allocated toward other
infrastructure development activities, including public
education, professional education, quality assurance, and
surveillance and evaluation efforts. While the emphasis on
service provision required by the 60/40 split is appropriate
for the vast majority of grantees, unique challenges exist in
implementing the required 60/40 split for programs serving
smaller populations. The cap on program activities that are not
administrative, particularly outreach and client recruitment,
has made it difficult to reach some eligible women, especially
in rural States.
This legislation would allow for a waiver of the 60/40
requirement for no more than five States. This legislation
would require that programs requesting a waiver provide
justification and documentation that the number of women who
receive preventive health and early detection services will not
be reduced.
Legislative History
On February 16, 2007, H.R. 1132 was introduced by
Representative Baldwin and referred to the Committee on Energy
and Commerce.
On February 27, 2007, H.R. 1132 was referred to the
Subcommittee on Health.
On March 13, 2007, the Subcommittee on Health met in an
open markup session and H.R. 1132 was forwarded to the Full
Committee, as amended, by a voice vote.
On March 15, 2007, the full Committee held an open markup
session and H.R. 1132 was ordered favorably reported to the
House, as amended, by a voice vote.
On March 27, 2007, the Committee on Energy and Commerce
reported H.R. 1132 to the House, amended (H. Rept. 110-76).
On March 27, 2007 H.R. 1132 passed the House, as amended,
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
On March 29, 2007, H.R. 1132 passed the Senate without
amendment by unanimous consent, clearing the measure for the
White House.
H.R. 1132 was presented to the President on April 19, 2007,
and signed by the President on April 20, 2007 (Public Law 110-
18).
TRAUMA CARE SYSTEMS PLANNING AND DEVELOPMENT ACT OF 2007
Public Law 110-23 (H.R. 727)
To amend the Public Health Service Act to add requirements
regarding trauma care, and for other purposes.
Summary
Trauma care systems are vital to our Nation's public health
and emergency preparedness infrastructure. Strengthening title
XII programs governing trauma care system planning and
development will help to enhance disaster preparedness and
reduce death and disability for those experiencing traumatic
injury.
H.R. 727 removes authorization for the National
Clearinghouse on Trauma Care and Emergency Medical Services.
This legislation allows the Secretary to make grants to public
and private nonprofit entities to carry out demonstration
projects to improve emergency medical services in rural areas
by increasing communication and coordination with State trauma
systems. It also revises the matching requirements for States
to be eligible for grants to improve emergency medical services
in rural areas.
H.R. 727 prohibits the Secretary from making trauma care
grants to a State unless the State's emergency medical services
plan coordinates planning for trauma systems with State
disaster emergency planning and bioterrorism hospital
preparedness planning. This legislation requires the Secretary
to update the model plan for the designation of trauma centers
and for triage, transfer, and transportation policies and
directs the Secretary to enter into a contract with the
Institute of Medicine or another appropriate entity to conduct
a study on trauma care and trauma systems research.
Legislative History
On January 30, 2007, H.R. 727 was introduced by
Representative Green and referred to the Committee on Energy
and Commerce.
H.R. 727 was referred to the Subcommittee on Health on
February 2, 2007.
On March 13, 2007, the Subcommittee on Health met in an
open markup session and H.R. 727 was forwarded to the full
Committee, amended, by a voice vote.
On March 15, 2007, the Committee held an open markup
session and H.R. 727 was ordered favorably reported to the
House, as amended, by a voice vote.
On March 27, 2007, the Committee on Energy and Commerce
reported H.R. 727 to the House, amended (H. Rept. 110-77).
On March 27, 2007, H.R. 727 passed the House, as amended,
under suspension of the rules, by a voice vote, two-thirds
having voted in favor.
On March 29, 2007, H.R. 727 passed the Senate without
amendment by unanimous consent, clearing the measure for the
White House.
H.R. 727 was presented to the President on April 24, 2007,
and signed by the President on May 3, 2007 (Public Law 110-23).
FOOD AND DRUG ADMINISTRATION AMENDMENTS ACT OF 2007
Public Law 110-85 (H.R. 3580, S. 1082, H.R. 1165, H.R. 1494, H.R. 1561,
H.R. 2589, H.R. 2592, H.R.2791, H.R. 2900)
To amend the Federal Food, Drug, and Cosmetic Act to revise
and extend the user-fee programs for prescription drugs and for
medical devices, to enhance the postmarket authorities of the
Food and Drug Administration with respect to the safety of
drugs, and for other purposes.
Summary
Prescription Drug User Fee Amendments of 2007
The Prescription Drug User Fee Act (PDUFA), originally
enacted in 1992, provides an additional revenue source for the
Food and Drug Administration to supplement appropriations from
Congress. These resources are used to expedite review of drug
and biologic product approval applications and subsequent drug
safety monitoring. PDUFA requires pharmaceutical companies to
pay application fees for each new product and supplements to
existing products, annual manufacturing establishment fees, and
annual product fees. PDUFA expired on September 30, 2007,
prompting congressional action for its third reauthorization.
Impetus for PDUFA peaked during the late 1980s, as
frustration grew among industry, consumers, and Government over
the length of time between submission of a product application
to FDA and theagency's final approval decision. Prior to PDUFA,
FDA review of a new drug or a new biologic for sale in the United
States took a median time of 29 months. Industry pressed for shorter
review times in order to bring their drugs and biologics to market
sooner and consumers argued for faster access to potentially life-
saving products. FDA, citing a lack of sufficient appropriations from
Congress, concluded that they needed extra resources to hire additional
scientists to expedite the review process. Manufacturers agreed to the
establishment of user fees that would be used to supplement, not
replace, direct appropriations from Congress for FDA.
The original 1992 law establishing user fees, Public Law
102-571, commonly referred to as PDUFA I, was reauthorized in
1997 (PDUFA II) and 2002 (PDUFA III). Each reauthorization has
built upon the foundation of PDUFA I by adding components for
decreased review times and increased consumer safety.
User fees are a substantial part of FDA's budget. The
FY2006 program level for FDA's human drugs program was
approximately $517.5 million, of which 42.5 percent was from
user fees. The median time between an application for a new
drug or biologic license has decreased from 29 months in 1987
to less than 14 months in fiscal year 2003. HHS has concluded
that user fees have resulted in significant increases in
patient access to new drugs and biologics.
Title I of H.R. 3580 reauthorizes the prescription drug
user fee program through fiscal year (FY) 2012. Changes to the
prescription drug user fee program fall into three major
categories: enhancements to ensure sound financial footing for
the human drug review program, enhancements for premarket
review of human drug applications, and enhancements to
modernize and transform the postmarket safety system.
Title I includes the Administration's request for an
increase in the total annual user fees collected to $392.8
million for FY 2008, an $87.4 million increase over the current
base. The increases in fees take into account inflation and
increased resources needed to conduct certain activities. Title
I also expands the amount and scope of fees devoted to
postmarket safety, providing for an additional $225 million in
user fees that will be collected over five years. These
additional funds are intended to be used for drug safety
activities and are intended to supplement and not supplant any
other drug safety resources. There will be a dollar-for-dollar
decrease in user fees collected for these additional drug
safety activities for every dollar appropriated for the same
purpose.
Title I establishes a new program to assess, collect, and
use fees for the voluntary review of prescription drug direct-
to-consumer (DTC) television advertisements. This title also
requires FDA to consult with other stakeholders such as
consumer and patient advocates during the negotiations for
PDUFA V.
Medical Device User Fee Amendments of 2007
The Medical Device User Fee and Modernization Act (MDUFMA),
originally enacted in 2002, provided an additional revenue
source for the Food and Drug Administration to supplement
appropriations from Congress. These user fees provide FDA with
additional resources to review medical devices. MDUFMA amended
the Federal Food, Drug, and Cosmetic Act in three significant
ways: (1) it established user fees for premarket review of
devices; (2) it allowed establishment inspections to be
conducted by accredited persons (third parties); and (3) it
instituted new regulatory requirements for reprocessed single-
use devices. MDUFMA expired on October 1, 2007, prompting
congressional action for reauthorization.
Unsafe medical devices can have serious consequences for
consumers. Problems with the procedures and equipment for HIV
and hepatitis C laboratory tests led to hundreds of incorrect
test results in 2004. Defects in other types of medical
devices, such as pacemakers, defibrillators, and coronary
stents, have caused patient deaths.
In the years preceding enactment of MDUFMA, FDA's medical
device program suffered a long-term, significant loss of
resources that undermined the program's capacity and
performance. Many reviews of premarket approval applications
were delayed because necessary expertise was stretched thin or
unavailable, and many guidance documents were out-of-date.
FDA collects user fees that fund the device review process
under the authority of MDUFMA. Over the period of FY2003 to
FY2008, MDUFMA funding has increased at a much faster rate
(220.1 percent) than FDA's program-level device review budget
(31.3 percent). MDUFMA fees comprised less than 7 percent of
FDA's program-level device review budget in FY2003, and
estimates are that they will comprise more than 16 percent in
FY2008.
FDA and the medical device industry supported MDUFMA. It
did not take long, however, before they realized that progress
would be limited by financial shortfalls and uncertainties.
MDUFMA outlined both the amount Congress was expected to
appropriate to the program and the amount expected to be
collected in user fees for each fiscal year. In practice,
however, the user fee framework under MDUFMA created
uncertainty for industry and FDA regarding the annual increase
in fees and the amount of funds that would be collected by the
Agency in any given year. The amount of fees collected in a
given year was unpredictable because of fluctuations in the
number of applications FDA received and the number of
applications received for which fees may be reduced because of
a small business exemption.
In response to the growing problems with the user fee
program, Congress enacted the Medical Device User Fee
Stabilization Act of 2005 (the Stabilization Act). This Act
allowed for tolerances of up to 1 percent of the appropriations
trigger for FYs 2005-2007; provided for predictable application
fees by establishing fixed annual fees for FY2006 and FY2007;
and expanded the definition of `small business' for FY2006 and
FY2007. The new law also limited section 502(u) to reprocessed
single-use devices and eliminated the granting by FDA of
device-specific waivers.
Title II of H.R. 3580 reauthorizes medical device user fees
through FY 2012. Changes to the medical device program fall
into two major categories: enhancements to ensure sound
financial footing for the device review program, and
enhancements to the process for premarket review of device
applications. Medical device companies will pay 31 percent more
in fees in 2008 and 8.5 percent more in each subsequent fiscal
year through 2012. This will ensure fee increases over the next
five years to cover anticipated costs related to rent,
security, and statutorily mandated payroll and benefit
increases.
In an effort to add stability to this fee program, Title II
includes two new types of fees, which are intended to generate
about 50 percent of the total fee revenue. The new fees are an
annual establishment registration fee and an annual fee for
filing periodic reports for devices approved under a premarket
approval application to FDA. This title authorizes $7,100,000
in appropriations in FY 2008 and provides for increases each
year until 2012 for additional postmarket safety activities.
Title II also includes provisions to streamline the third-party
inspection program.
Title II also requires FDA to consult with other
stakeholders such as consumer and patient advocates during the
negotiations for MDUFMA III.
Pediatric Medical Device Safety and Improvement Act
Pediatric medical devices are used to treat or diagnose
diseases and conditions in patients from birth through age 21.
Some products are designed specifically for children, while
others are borrowed from adult applications or produced for
more general use.
Children have specific medical needs that must be
considered when medical and surgical devices are prescribed.
Devices that have not been studied for use in children may not
accommodate the unique needs of children, such as allowing for
expandable growth, and accommodating their active lifestyles
and differing metabolism.
FDA addressed premarket review of medical devices intended
for pediatric patients by issuing a guidance in May 2004. In
this guidance, FDA defined the age ranges for pediatric
subpopulations, identified the types of information needed to
provide reasonable assurance of the safety and effectiveness of
medical devices intended for use in the pediatric population,
and described the protections that sponsors should consider for
pediatric subjects involved in device clinical trials.
An Institute of Medicine (IOM) report found that it was
difficult to reliably identify post-market studies that
considered pediatric issues or that more generally focused on
children. The report recommended that FDA, NIH, Agency for
Healthcare Research and Quality, and other research funding
agencies and interested parties set priorities for research on
unanswered questions about the safe use of devices for
children.
Title III of H.R. 3580 provides incentives to device
manufacturers to create medical devices specifically designed
to meet the needs ofpediatric patients. It also gives FDA the
authority to review these devices in a manner distinct from devices in
general, and to require post-market studies to ensure the continued
safety and effectiveness of pediatric devices.
Title III modifies the existing humanitarian device
exemption (HDE) for medical devices to allow manufacturers of
HDE-approved devices specifically designed to meet a pediatric
need to make a profit from the sale of such devices.
Title III authorizes FDA to establish a mechanism to track
the number and types of devices approved specifically for
children or for conditions that occur in children. Title III
also grants explicit authority to FDA's Pediatric Advisory
Committee to monitor the use of pediatric devices and to make
recommendations for improving their availability and safety.
Pediatric Research Equity Act of 2007; Best Pharmaceuticals for
Children Act of 2007
Approximately 75 percent of drugs and a large majority of
devices used in pediatric medicine have not been appropriately
tested for use in children. Clinicians, however, often
prescribe them for children believing that the safety and
effectiveness demonstrated with adults will apply to younger
patients. Unfortunately, this off-label prescribing can result
in children receiving ineffective drugs or too much or too
little of a potentially useful drug.
The market for any individual drug's pediatric indications
is generally small, providing an economic disincentive for
manufacturers to commit resources to pediatric testing. The
result is that few marketed drugs have been tested for safety
and effectiveness in children. In some tragic cases, children
have died or suffered serious injury as a result of either
taking drugs that are shown safe for use in adults or from a
medical device that worked properly in adults, but had
different results when used in children. A March 2007 study,
``Off-label Drug Use in Hospitalized Children,'' published in
the Archives of Pediatric Adolescent Medicine, found that 78.7
percent of pediatric patients discharged from the hospital
during the time period of the study used at least one drug off-
label.
Prior to the enactment of the Pediatric Research Equity Act
(PREA) and the Best Pharmaceuticals for Children Act (BPCA),
most therapies commonly used by children failed to provide
instructions for pediatric use. Historically, approximately 80
percent of medication labels in the Physician's Reference
Directory did not have pediatric use information. At least 62
percent of drugs on the market were unstudied and labeled for
pediatric use.
PREA stated that a manufacturer submitting an application
to market a new active ingredient, new indication, new dosage
form, new dosing regimen, or new route of administration must
at the same time submit a pediatric assessment. If the disease
course and drug effects are sufficiently similar for adults and
children, the HHS Secretary may allow extrapolation from adult
study data as evidence of pediatric effectiveness.
For products already on the market, PREA grants the HHS
Secretary the authority to require the manufacturer of an
approved drug or licensed biologic to submit a pediatric
assessment in situations in which the absence of pediatric use
information on the label could pose significant risks.
BPCA renewed FDA's authority to give an additional six
month period of marketing exclusivity to a manufacturer in
return for FDA-requested pediatric use studies and reports.
Since pediatric exclusivity, as originally defined in the Food
and Drug Administration Modernization Act (FDAMA), did not
apply to products no longer covered by patent (off-patent) or
other marketing exclusivity agreements, and since patent
holding manufacturers could decline to conduct FDA-requested
studies, BPCA added provisions to encourage pediatric research
in those products. For off-patent products, BPCA established an
off-patent NIH research fund for these studies and authorized
appropriations until the sunset on October 1, 2007. BPCA also
granted pediatric supplemental applications priority status to
address the concern that pediatric exclusivity did not lead to
quick changes in drug labels.
Pediatric exclusivity has resulted in more than 132
completed studies leading to over 114 label changes
incorporating new pediatric information. In a March 2007 report
to Congress entitled ``Pediatric Drug Research: Studies
Conducted Under Best Pharmaceuticals for Children Act,'' the
U.S. Government Accountability Office (GAO) noted that these
labeling changes were often made as a result of findings by the
pediatric drug studies that children may have been exposed to
ineffective drugs, ineffective dosing, overdosing, or
previously unknown side effects.
Title IV of H.R. 3580 reauthorizes FDA's authority to
require a manufacturer of a drug or biologic who submits an
application to market a new active ingredient, new indication,
new dosage form, new dosing regimen, or new route of
administration to also submit a pediatric assessment.
Title IV grants the Secretary of HHS the authority to
require pediatric tests in appropriate circumstances through
2012. Provisions of current law that allow a deferral of
pediatric tests for new products are strengthened. The standard
for requiring tests for drugs currently being marketed is also
strengthened. Requirements with respect to labeling drugs are
strengthened to ensure that they reflect in a timely way the
results of studies.
Title V reauthorizes, for five years, FDA's authority to
grant an additional six months marketing exclusivity to a
manufacturer of a drug in return for FDA-requested pediatric
use studies and reports. Title V also includes provisions to
encourage pediatric research for products that are off-patent
or for products whose manufacturer declines to conduct FDA-
related studies.
Title V increases to 180 days the time limit that the
Secretary has for deciding whether or not to grant exclusivity.
This title also strengthens labeling requirements to ensure
that labels reflect study results in a timely and consistent
fashion.
Titles VI-IX. Reagan-Udall Foundation; Conflicts of Interest; Clinical
Trials Databases; Risk Evaluation and Mitigation Strategies
Following several high-profile drug safety cases in 2004,
the GAO wrote a report in March 2006 entitled, ``Drug Safety:
Improvement Needed in FDA's Postmarket Decision-Making and
Oversight Process.'' In its report, the GAO found that FDA
lacked clear and effective processes for making decisions
about, and providing management oversight of, postmarket drugs
safety issues.
FDA then commissioned the Institute of Medicine to write a
report on drug safety. In its report, ``The Future of Drug
Safety: Promoting and Protecting the Health of the Public,''
IOM raised several concerns: FDA and the pharmaceutical
industry do not consistently demonstrate accountability and
transparency to the public about safety concerns in a timely
and effective fashion; the drug safety system is impaired by
serious resource constraints that weaken the quality and
quantity of the science; and an organizational structure in the
Center for Drug Evaluation and Research (CDER) is not
functioning properly and being hindered by unclear,
insufficient regulatory authority.
Four titles in this bill address the concerns raised by the
GAO and IOM reports: Title VI, Reagan-Udall Foundation; Title
VII, Conflicts of Interest for FDA Advisory Committees; Title
VIII, Clinical Trials Registry Database; and Title IX, Clinical
Trials Results Database, and Risk Evaluation and Mitigation
Strategies (REMS).
Title VI addresses the concern that, over the last decade,
fewer new medical products have been submitted to the FDA for
approval because the use of outmoded testing methods is
resulting in a rising product failure rate during development.
Newer technologies need new methods for their assessment.
Allowing FDA to collaborate with other researchers will
contribute greatly to filling this void.
Title VI creates the Reagan-Udall Foundation for the Food
and Drug Administration. The purpose of the Foundation is to
establish a private-public partnership to advance FDA's
Critical Path Initiative to modernize medical product
development, accelerate innovation, and enhance product safety.
Title VI sets forth the duties of the Foundation to include
identifying unmet needs in the sciences of developing,
manufacturing, and evaluating the safety and effectiveness of
diagnostics, devices, biologics, and drugs.
Title VII addresses concerns that advisory panels might be
influenced by conflicts of interest. FDA relies heavily on the
recommendations of its 30 advisory committees in its assessment
of product safety and benefit. There has been concern that
members of these committees may not be operating in the most
judicious manner due to industry funding or other financial
interests. It is important that more safeguards are put into
place to ensure that advisory committee members are serving
with integrity and with the best interest of the consumer in
mind.
Title VII requires all individuals under consideration for
appointment to serve on an advisory committee to disclose to
the Secretary all financial interests that would be affected by
the advisory committee's actions. The Secretary shall determine
the aggregate percentage of waivers provided in fiscal year
2007. The Secretary will then be required to decrease the
number of waivers by five percent for each of fiscal years 2008
through 2012. Disclosure of waivers must be made public 15 or
more days prior to the meeting of the advisory committee and
must be posted on the Internet.
Title VII enhances FDA's outreach activities for
identifying non-conflicted experts to participate on advisory
committees and directs the Secretary to review guidance on
conflict of interest waiver determinations with respect to
advisory committees at least once every five years and update
this guidance as necessary.
Title VIII establishes a comprehensive, mandatory clinical
trials registry database and clinical trials results database.
This addresses concerns raised by the IOM's report on drug
safety in regard to the need for FDA to increase the
availability of information to the public and to researchers
for recruitment purposes and to communicate the risks and
benefits of drugs. A uniform, centralized database and registry
will help patients, providers, and researchers learn new
information and make more informed healthcare decisions.
Title VIII expands the existing publicly available clinical
trials registry data bank in three phases. First, except for
preliminary studies, all clinical trials on drugs, biologics,
and devices would be required to provide trial registry
information. Second, trials for approved products would be
required to post basic results to the data bank. Third, the
Secretary shall expand the database further by rulemaking to
consider the inclusion of other data elements as well as trials
of unapproved products.
Title VIII also provides for civil monetary penalties for
noncompliance.
Title IX is the centerpiece of this bill's attempt to
enhance postmarket drug safety. A central aspect of this
program is to authorize FDA to require a risk evaluation and
mitigation strategy (REMS) in all appropriate cases. The IOM
report highlights the need to extend drug safety consideration
from premarket through postmarket approval. A number of other
reports suggest that cultural issues within FDA and gaps in the
agency's authorities hamper the ability to take swift and
effective action when problems arise. The REMS program will be
enhanced by the establishment of a robust active surveillance
program designed to see how drugs work in real world postmarket
circumstances, which are often quite different than what is
learned about a drug in the carefully controlled clinical trial
setting.
Title IX strengthens FDA's postmarket drug safety authority
and provides greater FDA transparency. Specifically, Title IX
provides FDA with the authority to require labeling changes
under appropriate circumstances and provides FDA with the
authority to impose civil monetary penalties for certain
violations of the Federal Food, Drug, and Cosmetic Act with
respect to drugs. Specifically, this title strengthens FDA's
ability to monitor and remedy false and misleading television
advertising and provides an administrative procedure and CMPs
for violations.
Title IX requires the Secretary to issue guidance for the
conduct of clinical trials with respect to antibiotic drugs.
This title prohibits food to which drugs or biological products
have been added and includes provisions to increase security of
the drug supply. Title IX improves the citizen petition process
and makes postmarket drug safety information transparent and
more accessible to the public. This title also requires the
Secretary to make action packages publicly available and
creates a database of approved generic drugs.
FOOD SAFETY; OTHER CONCERNS
The safety of the Nation's food supply was highlighted when
adulterated wheat gluten imported from China and used for pet
food sickened or killed a number of dogs and cats. Wheat gluten
was later found in some hog, chicken, and fish feed. FDA
announced in June 2007 that it was detaining all imports of
certain types of farm-raised seafood from China until their
shippers could confirm that they did not contain unapproved
drug residues.
In addition to the problems with adulteration of products
from China, outbreaks of E. coli in spinach, Salmonella in
peanut butter, and botulism in chili sauce here in the U.S.
brought renewed attention to the risks posed by accidental food
contamination.
Title X requires the Secretary to establish processing and
ingredient standards with respect to pet food and ingredient
definitions. The Secretary is also required to update standards
for pet food labeling that include nutritional and ingredient
information. Title X requires the Secretary to establish an
early warning and surveillance system to identify adulteration
of the pet food supply and outbreaks of illness associated with
pet food.
Title X provides improved communication requirements during
an ongoing recall of human or pet food including posting
information regarding recalled products on FDA's website in a
consolidated, searchable form that is easily accessed and
understood by the public. This title requires the Secretary to
work with States in undertaking activities that assist in
improving the safety of fresh and processed produce.
Title X requires the Secretary to establish a Reportable
Food Registry to which instances of reportable food may be
submitted by FDA and requires the Secretary to issue an alert
in certain instances. This title also requires the Secretary to
immediately notify the Secretary of Homeland Security if the
Secretary suspects such food may have been deliberately
adulterated.
Title XI requires the Secretary to establish and make
publicly available, clear written policies to govern the timely
clearance of articles written by FDA employees. Title XI
provides an incentive, through a priority review voucher, to
develop new drug, biologic, and device products to treat
neglected or tropical diseases.
Title XI provides reporting and study requirements for FDA
regarding genetic test safety and quality. This title also
provides incentives for the development of certain antibiotics
and exclusivity for enantiomers.
Legislative History
On June 28, 2007, H.R. 2900 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce.
On July 11, 2007, H.R. 2900 was reported by the Committee
on Energy and Commerce (H. Rept. 110-225) and considered in the
House under suspension of the rules. H.R. 2900 passed the House
by a rollcall vote: 403-16. On July 16, 2007, H.R. 2900 was
received in the Senate.
Further action was taken on a subsequent measure, H.R.
3580, introduced by Representative Dingell on September 19,
2007. It was referred to the Committee on Energy and Commerce.
On September 19, 2007, H.R. 3580 passed the House under
suspension of the rules by a rollcall vote: 405-7.
On September 20, 2007, H.R. 3580 passed the Senate without
amendment by unanimous consent, clearing the measure for the
White House.
On September 26, 2007, H.R. 3580 was presented to the
President and signed by the President on September 27, 2007
(Public Law 110-85).
CHARLIE W. NORWOOD LIVING ORGAN DONATION ACT
Public Law 110-144 (H.R. 710)
To amend the National Organ Transplant Act to provide that
criminal penalties do not apply to human organ paired donation,
and for other purposes.
Summary
H.R. 710 amends the National Organ Transplant Act to
provide that, for the purpose of provisions that prohibit the
transfer of any human organ for use in human transplantation
for valuable consideration, human organ paired donation does
not involve such a transfer. It also creates a definition for
``human organ paired donation.'' In addition, the bill requires
the Secretary of Health and Human Services to report to
Congress on the progress made toward understanding the long-
term health effects of living organ donation.
Legislative History
On January 29, 2007, H.R. 710 was introduced by Mr. Norwood
and referred to the Committee on Energy and Commerce. On
February 2, 2007, H.R. 710 was referred to the Subcommittee on
Health.
On March 6, 2007, H.R. 710 was considered in the House
under suspension of the rules. The yeas and nays were demanded
and further proceedings of the motion were postponed.
On March 7, 2007, H.R. 710 passed the House, as amended,
under suspension of the rules by a rollcall vote: 422-0.
On July 9, 2007, H.R. 710 passed the Senate, amended, by
unanimous consent.
On December 4, 2007 the House agreed to the Senate
amendment with amendments pursuant to H. Res. 837.
On December 6, 2007, the Senate agreed to the House
amendment to the Senate amendment and the House amendment to
the title of bill by unanimous consent and H.R. 710 was cleared
for the White House.
On December 11, 2007, H.R. 710 was presented to the
President and was signed by the President on December 21, 2007
(Public Law 110-144).
TO AMEND TITLE 39, UNITED STATES CODE, TO EXTEND THE AUTHORITY OF THE
UNITED STATES POSTAL SERVICE TO ISSUE A SEMIPOSTAL TO RAISE FUNDS FOR
BREAST CANCER RESEARCH
Public Law 110-150 (S. 597, H.R. 1236)
Summary
S. 597 amends title 39, United States Code, to extend the
provisions authorizing the USPS to issue a special postage
stamp to support breast cancer research to 2011. In addition,
S. 597 also requires NIH to prepare reports on spending of the
proceeds from sales of the breast cancer research stamp.
Legislative History
On February 28, 2007, H.R. 1236 was introduced by
Representative Clay. It was referred to the Committee on
Oversight and Government Reform, and in addition to the
Committees on Energy and Commerce, and Armed Services, 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 March 1, 2007, H.R. 1236 was referred to the
Subcommittee on Health.
On October 10, 2007, the Subcommittee on Health met in open
markup session and forwarded H.R. 1236 to the full Committee,
amended, by a voice vote.
On October 16, 2007, the Committee on Energy and Commerce
met in open markup session and H.R. 1236 was ordered reported,
as amended by a voice vote.
On October 25, 2007, the Committee on Energy and Commerce
reported H.R. 1236 to the House, amended (H. Rept. 110-409,
Part 1).
On October 30, 2007, H.R. 1236 passed the House, amended,
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
On November 1, 2007, H.R. 1236 was received in the Senate,
read twice and referred to the Committee on Homeland Security
and Governmental Affairs.
On December 12, 2007, H.R. 1236 the Committee on Homeland
Security and Governmental Affairs referred H.R. 1236 to the
Subcommittee on Federal Financial Management, Government
Information, Federal Services, and International Security.
Further action was taken on S. 597, a related measure.
On February 14, 2007, S. 597 was introduced by Senator
Feinstein referred to the Senate Committee on Homeland Security
and Government Affairs.
On November 7, 2007, the Senate Committee on Homeland
Security and Governmental Affairs reported S. 597 to the Senate
(S. Rept. 110-222).
On November 14, 2007, S. 597 passed the Senate, amended, by
unanimous consent. On November 15, 2007, S. 597 was received in
the House.
On December 11, 2007, S. 597 passed the House, amended,
under suspension of them rules by a voice vote, two-thirds
having voted in favor.
On December 13, 2007, the Senate concurred in the House
amendments by unanimous consent, clearing the measure for the
White House.
On December 19, 2007, S. 597 was presented to the President
and on December 21, 2007, the President signed the measure
(Public Law 110-150).
TO RENAME THE NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
AS THE EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND
HUMAN DEVELOPMENT
Public Law 110-154 (S. 2484)
A bill to rename the National Institute of Child Health and
Human Development as the Eunice Kennedy Shriver National
Institute of Child Health and Human Development.
Summary
Since its establishment by 1962, the National Institute of
Child Health and Human Development has achieved an outstanding
record of achievement in advancing child health and human
development, including significant efforts to: reduce
dramatically the rates of Sudden Infant Death Syndrome, infant
mortality, and maternal HIV transmission; develop the
Haemophilus Influenza B (Hib) vaccine, credited with nearly
eliminating the incidence of mental retardation; and conduct
intramural research, support extramural research, and train
thousands of child health and human development researchers who
have contributed greatly to dramatic gains in child health
throughout the world.
Eunice Kennedy Shriver, a tireless advocate for children
with special needs, was instrumental in proposing, passing, and
enacting legislation to establish the National Institute of
Child Health and Human Development (Public Law 87-838) on
October 17, 1962.
S. 2484 amends the Public Health Service Act to rename the
National Institute of Child Health and Human Development as the
``Eunice Kennedy Shriver National Institute of Child Health and
Human Development.''
Legislative History
On December 13, 2007, S. 2484 was introduced by Senator
Hatch, read twice, considered, read the third time, and passed
the Senate without amendment by unanimous consent.
On December 17, 2007, S. 2484 was received in the House,
considered and passed under suspension of the rules by a voice
vote, two-thirds having voted in favor. This action cleared the
measure for the White House.
On December 19, 2007, S. 2484 was presented to the
President and was signed by the President on December 21, 2007
(Public Law 110-154).
CHIMP HAVEN IS HOME ACT
Public Law 110-170 (S. 1916)
A bill to amend the Public Health Service Act to modify the
program for the sanctuary system for surplus chimpanzees by
terminating the authority for the removal of chimpanzees from
the system for research purposes.
Summary
S. 1916 amends the Public Health Service Act to repeal
provisions providing for the removal of surplus chimpanzees
from a sanctuary facility and prohibits use of such chimpanzees
for research except for noninvasive behavioral studies.
Legislative History
On August 1, 2007, S. 1916 was introduced by Senator Burr,
and referred to the Senate Committee on Health, Education,
Labor, and Pensions.
On December 12, 2007, S. 1916 was reported, amended,
without written report by the Senate Committee on Health,
Education, Labor, and Pensions.
On December 13, 2007, S. 1916 passed the Senate, amended,
by unanimous consent.
On December 17, 2007, S. 1916 was received in the House and
referred to the House Committee on Energy and Commerce. That
same day, S. 1916 was referred to the Subcommittee on Health.
On December 19, 2007, the Committee on Energy and Commerce
was discharged from further consideration of the measure. S.
1916 was considered in the House by unanimous consent and
passed the House without objection. This action cleared S. 1916
for the White House.
On December 21, 2007, S. 1916 was presented to the
President and signed by the President on December 26, 2007
(Public Law 110-170).
THE SAFETY OF SENIORS ACT OF 2008
Public Law 110-202 (S. 845, H.R. 3701)
To amend the Public Health Service Act to direct the
Secretary of Health and Human Services to intensify programs
with respect to research and related activities concerning
falls among older adults.
Summary
Falls represent a serious health risk for millions of older
Americans. In the United States, one of every three persons age
65 or older falls each year. Falls are the leading cause of
injury deaths and the most common cause of injuries and
hospital admissions for trauma in older adults. According to
the Centers for Disease Control and Prevention (CDC), in 2002,
more than 12,800 people aged 65 and older died from fall-
related injuries and more than 1.6 million seniors were treated
in emergency departments for fall-related injuries.
In addition to their effect on the quality of life of
seniors and their families, falls also contribute to rising
healthcare costs due to increased physician visits, emergency
room use, and hospitalization. According to the CDC, the direct
medical cost totaled $179 million for fatal and $19 billion for
nonfatal fall injuries in 2000.
S. 845 directs HHS to oversee and support national and
local education campaigns focusing on reducing falls and
preventing repeat falls among older adults. It also amends the
Public Health Service Act to authorize the Secretary of Health
and Human Services to: (1) oversee and support a national
education campaign focusing on reducing falls among older
adults and preventing repeat falls; and (2) award grants,
contracts, or cooperative agreements to design and carry out
local education campaigns.
S. 845 allows the Secretary to conduct and support research
to: (1) improve the identification of older adults who have a
high risk of falling; (2) improve data collection and analysis
to identify fall risk and protective factors; (3) design,
implement, and evaluate the most effective fall prevention
interventions; (4) tailor effective strategies to reduce falls
to specific populations of older adults; (5) maximize the
dissemination of proven, effective fall prevention
interventions; (6) improve the diagnosis, treatment, and
rehabilitation of elderly fall victims and older adults at high
risk for falls; and (7) assess the risks of falls occurring in
various settings.
S. 845 also authorizes the Secretary to: (1) conduct
research concerning the barriers to the adoption of proven fall
prevention interventions; (2) conduct research to develop,
implement, and evaluate the most effective approaches to reduce
falls among high-risk older adults living in communities and
long-term care and assisted living facilities; (3) evaluate the
effectiveness of community programs; (4) provide professional
education for physicians and allied health professionals in
fall prevention; (5) oversee and support specified
demonstration and research projects; (6) award grants to
design, implement, and evaluate fall prevention programs using
proven intervention strategies and carry out a multistate
demonstration project; (7) give priority in awarding grants
under this Act to entities that explore the use of cost-sharing
to ensure the institutional commitment of the recipients of
such assistance to the funded projects; and (8) report to
Congress on the effects of falls on health care costs, the
potential for reducing falls, and the most effective strategies
for reducing associated health care costs.
Legislative History
On September 27, 2007, H.R. 3701 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce. That same day, H.R. 3701 was referred to the
Subcommittee on Health.
On March 11, 2008, the Subcommittee on Health met in an
open markup session and forwarded H.R. 3701 to the full
Committee, amended, by a voice vote.
On March 13, 2008, the full Committee met in an open markup
session and H.R. 3701 was ordered reported, as amended, by a
voice vote.
On April 8, 2008, H.R. 3701 was reported to the House,
amended, by the Committee on Energy and Commerce (H. Rept. 110-
569).
Further action was taken on S. 845, a related Senate
measure, which was introduced on March 12, 2007, by Senator
Enzi and referred to the Senate Committee on Health, Education,
Labor and Pensions.
On March 29, 2007, the Senate Committee on Health,
Education, Labor and Pensions reported S. 845, with an
amendment in the nature of a substitute, to the Senate.
On June 28, 2007, the Senate Committee on Health,
Education, Labor, and Pensions filed a written report on S. 845
(S. Rept. 110-110).
On August 1, 2007, S. 845 passed the Senate, amended, by
unanimous consent.
On August 2, 2007, the bill was received in the House and
referred to the House Committee on Energy and Commerce. That
same day, S. 845 was referred to the Subcommittee on Health.
On April 8, 2008, S. 845 passed the House under suspension
of the rules by a voice vote, two-thirds having voted in favor.
This action cleared the measure for the White House.
On April 14, 2008, S. 845 was presented to the President.
The President signed the measure on April 23, 2008 (Public Law
110-202).
THE NEWBORN SCREENING SAVES LIVES ACT OF 2007
Public Law 110-204 (S. 1858, H.R. 3825)
To amend the Public Health Service Act to establish grant
programs to provide for education and outreach on newborn
screening and coordinated follow-up care once newborn screening
has been conducted, to reauthorize programs under part A of
title XI of such Act, and for other purposes.
Summary
Newborn screening provides early identification and follow-
up for treatment of infants affected by certain genetic,
metabolic, hormonal, and functional conditions for which there
may be an effective treatment or intervention. If left
untreated, these disorders can cause death, disability, mental
retardation, and other serious conditions. Every year, more
than 4 million infants are born and screened to detect
conditions that could threaten their lives and long-term
health, and an estimated 3,000 babies are identified and
treated for such conditions.
While newborns are regularly screened and treated for
debilitating conditions in some States, in others screening may
not be required and conditions may go undiagnosed and
untreated. In 2004, the American College of Medical Genetics
completed a report commissioned by the U.S. Department of
Health and Human Services (HHS) recommending, at a minimum,
that every baby born in the U.S. be screened for a core set of
29 treatable disorders regardless of the State in which he or
she is born. At present, only 15 States and the District of
Columbia require infants to be screened for all 29 of the
recommended disorders. An estimated 1,000 of the 5,000 babies
born every year in the United States with one of the 29 core
conditions potentially go unscreened through newborn screening.
S. 1858 will educate parents and healthcare providers about
newborn screening, improve follow-up care for infants with an
illness detected through newborn screening, and help States
expand and improve their newborn screening programs, as well as
provide for Federal guidelines on the conditions for which
newborns in all States should be screened.
S. 1858 amends the Public Health Service Act to authorize
the Secretary of Health and Human Services, acting through the
Administrator of the Health Resources and Services
Administration (HRSA), to award grants to eligible entities to:
(1) provide screening, counseling, or health care services to
newborns and children having or at risk for heritable
disorders; (2) provide education and training in newborn
screening and congenital, genetic, and metabolic disorders to
health care professionals and newborn screening laboratory
personnel; (3) develop and deliver educational programs about
newborn screening, counseling, testing, follow-up, treatment,
and specialty services to parents, families, and patient
advocacy and support groups; and (4) establish, maintain, and
operate a system to assess and coordinate treatment relating to
congenital, genetic, and metabolic disorders.
In addition, S. 1858 requires the Advisory Committee on
Heritable Disorders in Newborns and Children to make
recommendations that include the heritable disorders for which
all newborns should be screened and develop a model decision-
matrix for newborn screening program expansion.
S. 1858 requires the Secretary, acting through the
Administrator, to establish a central clearinghouse for
information on newborn screening and award grants for newborn
screening educational programs and for a system to assess and
coordinate treatment relating to congenital, genetic, and
metabolic disorders.
The bill also requires the HHS Secretary, through the
Director of the Centers for Disease Control and Prevention
(CDC), to provide for: quality assurance for screening
laboratories; population-based pilot testing for evaluating new
screening tools; and a national contingency plan for newborn
screening in the event of a public health emergency.
S. 1858 requires the HHS Secretary, through an Interagency
Group, to: collect, analyze, and make available data on certain
heritable disorders; and operate regional centers to conduct
applied epidemiological research on interventions to prevent
poor health outcomes from such disorders. The bill requires the
HHS Secretary to establish the Hunter Kelly Newborn Screening
Research Program.
Legislative History
On October 15, 2007, H.R. 3825 was introduced by
Representative Roybal-Allard and referred to the Committee on
Energy and Commerce. On October 16, 2007, H.R. 3825 was
referred to the Subcommittee on Health.
On March 11, 2008, the Subcommittee on Health met in an
open markup session and forwarded H.R. 3825 to the full
Committee, amended, by a voice vote.
On March 13, 2008, the Committee on Energy and Commerce met
in an open markup session and H.R. 3825 was ordered favorably
reported, as amended, by a voice vote.
On April 8, 2008, the Committee on Energy and Commerce
reported H.R. 3825 to the House, amended (H. Rept. 110-570).
Further action was taken on S. 1858, a related measure,
which was introduced by Senator Dodd on July 23, 2007 and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
On December 5, 2007, the Senate Committee on Health,
Education, Labor and Pensions reported S. 1858 to the Senate
with an amendment in the nature of a substitute (a written
report, S. Rept. 110-280, was filed on April 8, 2008).
On December 13, 2007, S. 1858 passed the Senate, amended,
by unanimous consent.
On December 17, 2007, S. 1858 was received in the House and
referred to the Committee on Energy and Commerce. That same
day, the measure was referred to the Subcommittee on Health.
On April 8, 2008, S. 1858 passed the House under suspension
of the rules by a voice vote, two-thirds having voted in favor.
This action cleared the measure for the White House.
On April 14, 2008, S. 1858 was presented to the President.
The President signed the bill on April 24, 2008 (Public Law
110-204).
TRAUMATIC BRAIN INJURY ACT OF 2008
Public Law 110-206 (S. 793, H.R. 1418)
To provide for the expansion and improvement of traumatic
brain injury programs.
Summary
According to the Centers for Disease Control and Prevention
(CDC), of the 1.5 million Americans who sustain a traumatic
brain injury (TBI) each year, around 50,000 die and another
80,000 to 90,000 experience long-term or lifelong disabilities
as a result. Traumatic brain injuries can result in disability
and the need for help to perform daily living activities.
TBI is different from other disabilities due to the
severity of cognitive loss. Most rehabilitation programs are
designed for people with physical disabilities, not cognitive
disabilities that require special accommodations. Finding
needed services is typically a logistical, financial, and
psychological challenge for family members and other
caregivers, because few coordinated systems of care exist for
individuals with TBI.
The passage of the Traumatic Brain Injury Act of 1996 has
improved TBI service systems at the State level and has
increased the overall visibility of TBI. More work, however,
needs to be done at both the national and State levels to build
an effective, durable service system that meets the needs of
individuals with TBI.
S. 793 requires the HHS Secretary, acting through the
Director of the CDC, to conduct a study to: determine the
incidence of TBI and prevalence of TBI related disability;
report national trends in TBI; identify common therapeutic
interventions that are used for the rehabilitation of
individuals with such injuries; identify interventions and
therapies that can prevent or remediate the development of
secondary neurologic conditions related to TBI; and develop
practice guidelines for such rehabilitation.
In addition, S. 793 authorizes appropriations for fiscal
years 2009 through 2012 for NIH's trauma research program;
allows the Secretary, acting through the Administrator of HRSA,
to make grants to States and American Indian consortia to
improve access to rehabilitation and other services regarding
TBI; and directs the Administrator to grant funds for training
and technical assistance to protection and advocacy systems, if
funds permit.
S. 793 also revises the national program for TBI registries
to include grants for State TBI surveillance systems and
requires the Administrator and the Commissioner of the
Administration on Developmental Disabilities to coordinate the
collection of data regarding protection and advocacy services.
S. 793 requires an interagency report within 18 months
after the date of enactment to determine the incidence and
prevalence of traumatic brain injury among those who were
formerly in the military, to examine the extent to which care
is coordinated, and to provide information about appropriate
employment, housing, rehabilitation, and other services.
Legislative History
On March 8, 2007, H.R. 1418 was introduced by
Representative Pascrell and referred to the Committee on Energy
and Commerce. On March 9, 2007, H.R. 1418 was referred to the
Subcommittee on Health.
On March 11, 2008, the Subcommittee on Health met in an
open markup session and forwarded H.R. 1418 to the full
Committee, amended, by a voice vote.
On March 13, 2008, the Committee on Energy and Commerce met
in an open markup session and H.R. 1418 was ordered reported,
as amended, by a voice vote.
On April 8, 2008 the Committee on Energy and Commerce
reported H.R. 1418 to the House, amended (H. Rept. 110-567).
Further action was taken on S. 793, a related measure
introduced by Senator Hatch on March 7, 2007; it was referred
to the Senate Committee on Health, Education, Labor and
Pensions.
On August 1, 2007, the Senate Committee on Health,
Education, Labor and Pensions reported S. 793 to the Senate
with an amendment in the nature of a substitute (S. Rept. 110-
140).
On December 11, 2007, S. 793 passed the Senate, amended, by
unanimous consent.
On December 12, 2007, S. 793 was received in the House and
referred to the House Committee on Energy and Commerce. That
same day, the bill was referred to the Subcommittee on Health.
On April 8, 2008, the House then passed S. 793, amended,
under suspension of the rules by a rollcall vote: 392-1.
On April 10, 2008, the Senate agreed to the House amendment
by unanimous consent, clearing the measure for the White House.
On April 17, 2008, S. 793 was presented to the President.
On April 28, 2008, S. 793 was signed by the President (Public
Law 110-206).
GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008
Public Law 110-233 (H.R. 493)
To prohibit discrimination on the basis of genetic
information with respect to health insurance and employment.
Summary
Deciphering the sequence of the human genome and other
advances in genetics have opened major new opportunities for
medical progress. The information gleaned from the Human Genome
Project will help, and is currently helping, scientists and
clinicians to identify common genetic variations that
contribute to disease. In many cases, the results of genetic
testing may be used to guide clinical management of patients.
For example, more frequent screening may be recommended for
individuals at increased risk of certain diseases by virtue of
their genetic make-up, such as colorectal and breast cancer.
Decisions about course of treatment and dosing may also be
guided by genetic testing. Many diseases, however, do not have
any treatments. In these cases, the benefits of genetic testing
lie largely in the information they provide an individual about
his or her risk of future disease or current disease status.
The value of genetic information in these cases is personal to
individuals, who may choose to utilize this information to help
guide medical and other life decisions for themselves and their
families. This information can affect decisions about
reproduction, the types or amount of health, life, or
disability insurance to purchase, or career and education
choices.
These advances give rise to the potential misuse of genetic
information to discriminate in health insurance and employment.
Concerns about privacy and the use and misuse of genetic
information need to be balanced with the potential of genetics
and genetic technology to change how care is delivered and to
personalize medical care and treatment of disease.
A January 20, 1998, a joint report put forth by the
Department of Labor, the Department of Health and Human
Services (HHS), the Equal Employment Opportunity Commission
(EEOC), and the Department of Justice (DoJ), entitled, `Genetic
Information and the Workplace,' summarized the various studies
on discrimination based on genetic information and argued for
the enactment of Federal legislation. The joint report stated
that, `genetic predisposition or conditions can lead to
workplace discrimination, even in cases where workers are
healthy and unlikely to develop disease or where the genetic
condition has no effect on the ability to perform work.' With
these misconceptions so prevalent, employers may come to rely
on genetic testing to `weed out' those employees who carry
genes associated with diseases. The joint report concluded that
existing protections are minimal and called for the enactment
of legislation which states that: 1) employers should not
require or request that employees or potential employees take a
genetic test or provide genetic information as a condition of
employment or benefits; 2) employers should not use genetic
information to discriminate against, limit, segregate, or
classify employees; and 3) employers should not obtain or
disclose genetic information about employees or potential
employees under most circumstances.
The joint report acknowledged that genetic testing has the
unique ability to detect and prevent health disorders, but
pointed out that this information can be misused to
discriminate against or stigmatize individuals seeking health
insurance. It is feared that a health insurance company might
wrongly view the presence of a gene mutation to mean that the
person would definitely contract the disease with which that
gene is associated and improperly deny that person insurance
coverage. The report cited a 1996 survey of individuals at risk
of developing a genetic condition and parents of children with
specific genetic conditions. This report identified more than
200 cases of genetic discrimination among the 917 people who
responded. The cases involved discrimination by insurance
companies, employers, and other organizations that use genetic
information. Another survey of genetic counselors, primary care
physicians, and patients, identified 550 people who had been
denied employment or insurance based on their genetic
predisposition to an illness. In addition, because an
individual's genetic information has implications for his or
her family members and future generations, misuse of genetic
information could have inter-generational effects that are far
broader than any individual incident of misuse. Furthermore,
the joint report warned that many Americans are reluctant to
take advantage of new breakthroughs in genetic testing for fear
that the results will not be used to improve their health, but
rather to deny them jobs or health insurance.
The appropriate use of genetic information offers enormous
opportunities to save lives and prevent the onset of disease.
However, the medical progress made possible by genetic research
is dependent on the willingness of study volunteers and
patients to undergo genetic testing. Such consent may be
difficult to obtain today. Fears about the possible misuse or
unauthorized disclosure of genetic information appear to
adversely impact the desire of individuals to participate in
genetic research. Such fears also extend to clinical practice,
discouraging both patients and providers from taking full
advantage of genetic tests and technologies. There is
substantial reluctance among at-risk populations to undergo
genetic testing--even when that testing may allow patients to
take steps to lower their risks of contracting a disease. For
example, only 43 percent of those at risk for hereditary colon
cancer participated in a genetic testing program. Later studies
found that 39 percent of those who declined testing cited fears
about the potential effect of test results on their health
insurance coverage as the primary reason for their refusal.
Although other factors contribute to the decision not to get
tested, fear of genetic discrimination appears to be a primary
reason that many people forgo getting genetic tests.
To fill the void created by the absence of clear
protections at the Federal level, many States have enacted laws
that seek to prohibit genetic discrimination in health
insurance and employment. To date, 34 States, and the District
of Columbia, have passed laws on genetic discrimination in
employment and 48 have passed laws on genetic discrimination in
health insurance. Among the States that prohibit discrimination
in the issuing of health insurance, many cover only the group
health insurance market and exclude individual health insurance
policies, while others do the reverse. Many States exclude
family medical histories from their definition of genetic
information or include only the results of tests that are
performed with the announced intention of detecting genetic
mutations.
Regardless of the technical aspects of any particular State
law, there is necessarily a significant gap in any State's
ability to deter genetic discrimination in health insurance.
Congress delegated to the States the authority to regulate most
aspects of insurance through enacting the McCarran-Ferguson Act
of 1945. However, employer-purchased plans were exempted from
State regulation by the Employee Retirement Income Security Act
of 1974. Under ERISA, no State may regulate the type of health
insurance plans typically provided to employees as part of
their employment benefits. Only the Congress can therefore
enact a truly comprehensive law prohibiting genetic
discrimination in all areas of health insurance. Federal
genetic nondiscrimination legislation addresses the need for
national comprehensive protections.
The Genetic Information Nondiscrimination Act (GINA) amends
the Employee Retirement Income Security Act of 1974 (ERISA),
the Public Health Service Act (PHSA), and the Internal Revenue
Code to prohibit a group health plan from adjusting premium or
contribution amounts for a group on the basis of genetic
information.
It amends title XVIII (Medicare) of the Social Security Act
(SSA) to prohibit an issuer of a Medicare supplemental policy,
on the basis of genetic information, from: (1) denying or
conditioning the issuance or effectiveness of the policy,
including the imposition of any exclusion of benefits based on
a preexisting condition; or (2)discriminating in the pricing of
the policy, including the adjustment of premium rates.
It also prohibits an issuer of a Medicare supplemental
policy from: (1) requesting or requiring an individual or a
family member to undergo a genetic test; or (2) requesting,
requiring, or purchasing genetic information for underwriting
purposes or for any individual prior to enrollment. Further, it
requires the Secretary of Health and Human Services to revise
Health Insurance Portability and Accountability Act of 1996
(HIPAA) privacy regulations to: (1) treat genetic information
as health information; and (2) prohibit the use or disclosure
by a group health plan, health insurance coverage, or Medicare
supplemental policy of genetic information about an individual
for underwriting purposes.
The Act also amends the PHSA to prohibit: (1) a health
insurance issuer offering health insurance coverage in the
individual market from establishing eligibility rules for
enrollment based on genetic information; (2) discrimination on
the basis of genetic information for health insurance offered
in the individual market in the same manner as such
discrimination is prohibited for group coverage; and (3) the
imposition by a health insurance issuer offering health
insurance coverage in the individual market of a preexisting
condition exclusion on the basis of genetic information.
GINA also prohibits a group health plan from requesting or
requiring an individual or family member of an individual from
undergoing a genetic test or purchasing genetic information.
Further, it prohibits an employer, employment agency, labor
organization, or joint labor-management committee from
discriminating against an employee, individual, or member
because of genetic information. Further, it prohibits an
employer, employment agency, labor organization, or joint
labor-management committee from limiting, segregating, or
classifying employees, individuals, or members because of
genetic information in any way that would deprive or tend to
deprive such individuals of employment opportunities or
otherwise adversely affect their status as employees.
Legislative History
On January 16, 2007, H.R. 493 was introduced by
Representative Slaughter. It was referred to the Committee on
Education and Labor, and in addition to the Committees on
Energy and Commerce, 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.
On February 2, 2007, H.R. 493 was referred to the
Subcommittee on Health.
On March 5, 2007, H.R. 493 was reported to the House,
amended, by the Committee on Education and Labor (H. Rept. 110-
28, Part 1); and the Committees on Energy and Commerce and Ways
and Means were each granted an extension for further
consideration of the legislation ending not later than March
23, 2007.
On March 13, 2007, the Subcommittee on Health met in an
open markup session and forwarded H.R. 493 to the full
Committee, amended, by a voice vote.
On March 22, 2007, the Committee on Energy and Commerce met
in open markup session and began consideration of H.R. 493. On
March 23, 2007, the Committee on Energy and Commerce continued
consideration of H.R. 493 in an open markup session and H.R.
493 was ordered favorably reported to the House, amended, by a
voice vote. The House Committees on Energy and Commerce and
Ways and Means were each granted an extension for further
consideration of the legislation ending not later than March
26, 2007.
On March 26, 2007, H.R. 493 was reported to the House, as
amended, by the Committee on Ways and Means (H. Rept. 110-28,
Part 2); and the Committee on Energy and Commerce was granted
an extension for further consideration ending not later than
March 29, 2007.
On March 29, 2007, H.R. 493 was reported to the House,
amended, by the Committee on Energy and Commerce (H. Rept. 110-
28, Part 3).
On April 19, 2007, the Committee on Energy and Commerce
filed a supplemental report on the bill (H. Rept. 110-28, Part
4).
On April 25, 2007, H.R. 493 passed the House, amended,
under suspension of the rules, by a rollcall vote: 420-3.
On April 24, 2008, H.R. 493 passed the Senate, amended, by
a rollcall vote: 95-0.
On April 28, 2008, the Senate requests return of papers
with respect to H.R. 493 by Unanimous Consent. On April 29,
2008, papers were returned to the Senate and message on Senate
action was sent to the House.
On May 1, 2008, the House agreed to the Senate amendment by
a rollcall vote: 414-1, clearing H.R. 493 for the White House.
On May 1, 2008, H. Con. Res. 340, making technical changes
to the enrollment of H.R. 493, passed the House by a voice vote
and passed the Senate by unanimous consent.
H.R. 493 was presented to the President on May 19, 2008,
and was signed by the President on May 21, 2008 (Public Law
110-233).
FOOD, CONSERVATION, AND ENERGY ACT OF 2008
Public Law 110-234 (H.R. 2419)
Public Law 110-246 (H.R. 6124)
(Health Provisions)
To provide for the continuation of agricultural programs
through fiscal year 2012, and for other purposes.
Summary
H.R. 2419 authorizes the Secretary to award grants to
eligible entities located in the Delta region for the
development of health care services; health education programs;
health care job training programs; and expansion of public
health-related facilities to address longstanding and unmet
health needs of the region. It also reauthorizes research
grants under the Food, Agriculture, Conservation, and Trade Act
of 1990 that address health issues that affect food-producing
animals, food safety, and the environment. Further, H.R. 2419
extends the human nutrition initiative, the health promotion
program, and the animal health and disease research program to
2012.
H.R. 2419 also requires establishments that produce food to
notify the Secretary if they believe, or have reason to
believe, that an adulterated or misbranded meat or meat food
product received by or originating from the establishment has
entered into commerce. Each establishment must also prepare and
maintain current procedures for the recall of all meat or meat
food products produced and shipped by the establishment;
document each reassessment of the process control plans of the
establishment; and upon request, make the procedures and
reassessed process control plans available to inspectors.
Legislative History
On May 22, 2007, H.R. 2419 was introduced by Representative
Peterson. It was referred to the Committee on Agriculture, and
in addition to the Committee on Foreign Affairs, 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 July 19, 2007, the Committee on Agriculture met in an
open markup session and H.R. 2419 was ordered reported,
amended, by a voice vote.
On July 23, 2007, H.R. 2419 was reported to the House,
amended, by the Committee on Agriculture (H. Rept. 110-256,
Part 1). The Committee on Foreign Affairs was discharged from
further consideration of the measure.
On July 26, 2007, the House began consideration of H.R.
2419 under the provisions of H. Res. 574.
On July 27, 2007, H.R. 2419 passed the House, amended, by a
rollcall vote: 231-191.
On September 4, 2007, H.R. 2419 was received in the Senate,
read the first time and placed on Senate Legislative Calendar
under Read the First Time.
On September 5, 2007, H.R. 2419 was read the second time
and placed on Senate Legislative Calendar under General Orders,
Calendar No. 339.
On November 6, 2007, H.R. 2419 was considered by the Senate
and a motion by Mr. Reid to commit to Senate Committee on
Agriculture, Nutrition, and Forestry with instructions to
report backforthwith, with the following amendment (SA 3512)
was made in the Senate.
On December 14, 2007, H.R. 2419 passed the Senate, amended,
by a rollcall vote: 79-14. The Senate insisted on its amendment
and requested a conference.
On February 2, 2008, the Senate appointed conferees:
Senators Harkin, Leahy, Conrad, Baucus, Lincoln, Stabenow,
Chambliss, Lugar, Cochran, Roberts, and Grassley.
On April 9, 2008, the House disagreed with the Senate
amendment, and agreed to a conference by a voice vote. The
Speaker appointed conferees from the Committee on Energy and
Commerce for consideration of sections 6012, 6023, 6024, 6028,
6029, 9004, 9005, and 9017 of the House bill and sections 6006,
6012, 6110-6112, 6202, 6302, 7044, 7049, 7307, 7507, 9001,
11060, 11072, 11087, and 11101-11103 of the Senate amendment,
and modifications committed to conference: Representatives
Dingell, Pallone, Barton.
On May 13, 2008, the conference report was filed in the
House (H. Rept. 110-627).
On May 14, 2008, the House agreed to the conference report
by a rollcall vote: 318-106.
On May 15, 2008, the Senate agreed to the conference report
by a rollcall vote: 81-15.
On May 20, 2008, H.R. 2419 was presented to the President.
On May 21, 2008, H.R. 2419 was vetoed by the President.
That same day, H.R. 2419 passed the House over the Presidential
veto by a rollcall vote: 316-108, two-thirds having voted in
the affirmative.
On May 22, 2008, H.R. 2419 passed the Senate over veto by a
rollcall vote: 82-13, two-thirds having voted in the
affirmative. H.R. 2419 became law (Public Law 110-234).
The House and Senate passed H.R. 2419 over veto, enacting
14 of 15 titles into law. The trade title (Title III) was
inadvertently excluded from the enrolled bill. To remedy the
situation, both chambers re-passed the farm bill conference
agreement (including the trade title) as H.R. 6124, again over
veto. H.R. 6124, in section 4, repeals Public Law 110-234 (H.R.
2419) and amendments made by it, effective on the date of that
Act's enactment.
On May 22, 2008, H.R. 6124 was introduced and referred to
the Committee on Agriculture and the Committee on Foreign
Affairs.
That same day, H.R. 6124 passed the House under suspension
of the rules by a rollcall vote: 306-110. H.R. 6124 was
received by the Senate, read twice, and placed on the Senate
Legislative Calendar under General Orders, Calendar No. 753.
On June 5, 2008, the Senate passed H.R. 6124 by a rollcall
vote: 77-15.
On June 16, 2008, H.R. 6124 was presented to the President.
On June 18, 2008, H.R. 6124 was vetoed by the President.
The Chair laid before the House the veto message from the
President. H.R. 6124 passed the House over the veto by a
rollcall vote: 317-109, two-thirds having voted in the
affirmative. The veto message was received by the Senate. H.R.
6124 passed the Senate over the veto by a rollcall vote: 80-14,
two-thirds having voted in the affirmative. H.R. 6124 became
law (Public Law 110-246).
TO MAKE TECHNICAL CORRECTIONS REGARDING THE NEWBORN SCREENING SAVES
LIVES ACT OF 2007
Public Law 110-237 (H.R. 5919)
To make technical corrections regarding the Newborn
Screening Saves Lives Act of 2007.
Summary
H.R. 5919 amends the Public Health Service Act to make
technical corrections to the Newborn Screening Saves Lives Act
of 2007. It revises the authorizations of appropriations from
FY2008-FY2012 to FY2009-FY2013.
Legislative History
On April 29, 2008, H.R. 5919 was introduced by
Representative Roybal-Allard and referred to the Committee on
Energy and Commerce.
On April 30, 2008, H.R. 5919 was considered under
suspension of the rules and passed the House by a voice vote.
On May 2, 2008, H.R. 5919 passed the Senate, without
amendment, by unanimous consent, clearing the measure for the
White House.
On May 19, 2008, H.R. 5919 was presented to the President
and signed by the President on May 27, 2008 (Public Law 110-
237).
CAROLINE PRYCE WALKER CONQUER CHILDHOOD CANCER ACT OF 2008
Public Law 110-285 (H.R. 1553)
To amend the Public Health Service Act to advance medical
research and treatments into pediatric cancers, ensure patients
and families have access to information regarding pediatric
cancers and current treatments for such cancers, establish a
national childhood cancer registry, and promote public
awareness of pediatric cancer.
Summary
Between infancy and 15 years of age, cancer is the leading
cause of death by disease among U.S. children. In 2007,
approximately 10,400 new cases of pediatric cancer were
diagnosed in children ages 0 to 14 years. While the incidence
of invasive cancer in children has increased slightly over the
past 30 years, mortality has declined dramatically for many
childhood cancers. The combined 5-year survival rate for all
childhood cancers has improved from less than 50 percent before
the 1970s to nearly 80 percent today, and the 10-year survival
rate is greater than 75 percent.
Despite these advances, treatments for some childhood
cancers, including brain tumors and neuroblastoma, are
inadequate. Two-thirds of children who are successfully treated
experience serious and long-term effects from treatment.
Negative effects resulting from current pediatric cancer
therapies indicate a need to strengthen Federal support for
activities leading to an enhanced understanding of childhood
cancers and treatments that are less toxic and more effective.
H.R. 1553 requires the HHS Secretary, in collaboration with
the Director of the National Institutes of Health and other
Federal agencies to continue to enhance, expand, and intensify
pediatric cancer research and other activities related to
pediatric cancer.
In addition, H.R. 1553 allows the HHS Secretary to award
grants to childhood cancer professional and direct service
organizations for the expansion and widespread implementation
of activities that provide available information on treatment
protocols; activities that provide available information on the
late effects of pediatric cancer treatment; and direct resource
services.
H.R. 1553 requires the HHS Secretary, acting through the
Director of the Centers for Disease Control and Prevention, to
award a grant to enhance and expand infrastructure to track the
epidemiology of pediatric cancer for a comprehensive nationwide
registry of actual occurrences of pediatric cancer.
Legislative History
On March 15, 2007, H.R. 1553 was introduced by
Representative Pryce and referred to the Committee on Energy
and Commerce. On March 16, 2007, H.R. 1553 was referred to the
Subcommittee on Health.
On April 23, 2008, the Subcommittee on Health met in an
open markup session and forwarded H.R. 1553 to the full
Committee, amended, by a voice vote.
On May 7, 2008, the Committee on Energy and Commerce met in
an open markup session and H.R. 1553 was ordered favorably
reported, amended, by a voice vote.
On June 10, 2008, the Committee on Energy and Commerce
reported H.R. 1553 to the House, amended (H. Rept. 110-706).
On June 12, 2008, H.R. 1553 passed the House, amended,
under suspension of the rules by a rollcall vote: 416-0.
On July 16, 2008, H.R. 1553 passed the Senate, without
amendment, by unanimous consent and was cleared for the White
House.
On July 25, 2008, H.R. 1553 was presented to the President
and signed by the President on July 29, 2008 (Public Law 110-
285).
TOM LANTOS AND HENRY J. HYDE UNITED STATES GLOBAL LEADERSHIP AGAINST
HIV/AIDS, TUBERCULOSIS, AND MALARIA REAUTHORIZATION ACT OF 2008
Public Law No: 110-293 (H.R. 5501)
To authorize appropriations for fiscal years 2009 through
2013 to provide assistance to foreign countries to combat HIV/
AIDS, tuberculosis, and malaria, and for other purposes.
Summary
Title I amends the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 Act to revise the
provisions of the President's comprehensive five-year global
strategy to combat HIV/AIDS. These revisions include
commissioning a study by the Institute of Medicine to assess
progress and outcomes of U.S. global HIV/AIDS programs;
publishing a best practices report; and providing for oversight
of the program.
Title I expands the Coordinator's of United States
Government Activities to Combat HIV/AIDS Globally duties,
including establishment of an interagency working group on HIV/
AIDS, and coordination of overall U.S. HIV/AIDS policy and
programs with host countries and other relevant bilateral and
multilateral aid agencies. Title II authorizes FY2009-FY2013
appropriations for U.S. contributions to tuberculosis vaccine
development programs; the Vaccine Fund; the International AIDS
Vaccine Initiative; the Malaria Vaccine Initiative of the
Program for Appropriate Technologies in Health (PATH); and the
U.S. contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria.
Title II directs the office of AIDS Research, the National
Institute of Allergy and Infectious Diseases and the Centers
for Disease Control and Prevention to conduct microbicide
research and development of methods to prevent HIV
transmission.
Title II also authorizes USAID to strengthen the capacity
of developing countries to introduce new and safe vaccines; and
improve implementation of, clinical trials and impact studies.
Title III revises and expands the scope of HIV/AIDS
prevention activities, including spreading activities to
countries in Central Asia, Eastern Europe, and Latin America;
and integrating food security and nutrition activities into
HIV/AIDS prevention activities.
Title III authorizes the President, through USAID, to
provide increased resources to the World Health Organization
(WHO) and the Stop Tuberculosis Partnership to improve the
capacity of countries with high tuberculosis rates and other
affected countries to implement the Stop TB Strategy and
specific strategies related to drug resistant tuberculosis.
Title III also authorizes the President to make a U.S.
contribution to the Roll Back Malaria Partnership and WHO to
improve the capacity of countries with high rates of malaria
and other affected countries to implement comprehensive malaria
control programs. Further, it directs the President to
establish a five-year strategy to combat global malaria.
Title III revises requirements of the five-year strategy to
combat HIV/AIDS as it pertains to mother-to-child transmission,
care and treatment of family members, and care for children
orphaned by HIV/AIDS.
Title IV directs the Coordinator to: (1) provide balanced
funding for prevention activities for sexual transmission of
HIV/AIDS; (2) ensure that abstinence, delay of sexual debut,
monogamy, fidelity and partner reduction programs are
implemented and funded in each host country's strategy; and (3)
establish an HIV sexual transmission prevention strategy
governing funding to prevent the sexual transmission of HIV in
any host country with a generalized epidemic.
It also requires that for FY2009-FY2013 more than half of
appropriations for bilateral global HIV/AIDS assistance shall
be expended for: (1) antiretroviral treatment; (2) clinical
monitoring of HIV-seropositive people not in need of
antiretroviral treatment; (3) care for associated opportunistic
infections; (4) nutrition and food support for people living
with HIV/AIDS; and (5) other essential medical care for people
living with HIV/AIDS.
Title V directs the Secretary of State to increase by $1
the fee for processing machine readable nonimmigrant visas and
machine readable combined border crossing identification cards
and nonimmigrant visas.
Title VI establishes the Emergency Fund for Indian Safety
and Health and authorizes appropriations for that fund. It also
directs the Attorney General, the Secretary of the Interior,
and the Secretary of Health and Human Services, in consultation
with Indian tribes, to establish an emergency plan that
addresses law enforcement, water, and health care needs of
Indian tribes for every year from FY2010-FY2019.
Legislative History
On February 27, 2008, H.R. 5501 was introduced by
Representative Berman. It was referred to the Committee on
Foreign Affairs, and in addition to the Committee on Financial
Services, 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 March 10, 2008, the Committee on Foreign Affairs
reported H.R. 5501 to the House (H. Rept. 110-546, Part 1). The
Committee on Financial Services was discharged from further
consideration of the measure.
On March 10, 2008, the Committee on Foreign Affairs filed a
supplemental report on the bill (H. Rept. 110-546, Part 2).
On April 2, 2008, H.R. 5501 was considered under the
provisions of H. Res. 1065 and passed the House, amended, by a
rollcall vote: 308-116.
On April 3, 2008, H.R. 5501 was received in the Senate,
read twice and referred to the Committee on Foreign Relations.
On July 16, 2008, the Senate Committee on Foreign Relations
was discharged from further consideration of H.R. 5501 by
unanimous consent.
On July 16, 2008, H.R. 5501 passed the Senate, amended, by
a rollcall vote: 80-16.
On July 24, 2008, the House agreed to the Senate amendment
by a rollcall vote: 303-115, clearing the measure for the White
House.
On July 25, 2008, H.R. 5501 was presented to the President
and H.R. 5501 was signed by the President on July 30, 2008
(Public Law 110-293).
ANIMAL DRUG USER FEE AMENDMENTS OF 2008
Public Law 110-316 (H.R. 6432, H.R. 6433)
To amend the Federal Food, Drug, and Cosmetic Act to revise
and extend the animal drug user fee program, to establish a
program of fees relating to generic new animal drugs, to make
certain technical corrections to the Food and Drug
Administration Amendments Act of 2007, and for other purposes.
Summary
ADUFA II
The Animal Drug User Fee Act of 2003 (ADUFA) establishes
the animal drug user fee program. The program provides an
additional revenue source for the Food and Drug Administration
(FDA) to supplement appropriations from Congress for the
purpose of expediting the review of animal drug applications.
Before ADUFA was enacted, there were reports from FDA detailing
inadequate resources for review, growing workloads, and low
quality applications submitted by the industry. These problems
combined were responsible for slowing down the animal drug
approval process to an unacceptable rate.
In response to these problems, ADUFA was enacted. The
program requires that manufacturers of new animal drugs pay
application fees for each new product, annual manufacturing
establishment fees, annual product fees, and sponsor fees in an
effort to expedite the animal drug review process. FDA sets
performance goals, mutually agreed upon by FDA and the
regulated industry. The fees are used to meet the performance
goals. Fees currently represent about 13 percent of the
agency's budget for animal drug review and for 60 full-time
equivalent employees.
There is general agreement that ADUFA has been successful
in eliminating the review backlog and has improved the
timeliness and predictability of reviews. ADUFA expired on
October 1, 2008, prompting congressional action for its
reauthorization.
Title I of H.R. 6432 reauthorizes ADUFA (ADUFA II) from FY
09 to FY 13 with increases of total fee revenues for
application and supplement fees, product fees, establishment
fees, and sponsor fees. TitleI requires the Secretary to report
to Congress and make publicly available information on: progress toward
the goal of expediting the animal drug development process and the
review of animal drug applications; and implementation of the authority
for and use of animal drug fees.
Title I also requires the sponsor of any new animal drug
that contains an antimicrobial active ingredient to annually
report to the Secretary on the amount of each antimicrobial
active ingredient in the drug that is sold or distributed for
use in food-producing animals, including information on any
distributor-labeled product. It also authorizes the Secretary
to share such information with the Antimicrobial Resistance
Task Force.
AGDUFA
In Congressional testimony in June 2008, the Food and Drug
Administration (FDA) reported that in fiscal year 2007, the
average review time for generic animal drug submissions was 570
days and that there was a backlog of 446 of these submissions,
almost double the number in fiscal year (FY) 2000.
In order to alleviate this backlog, a user fee for generic
animal drug submissions from FY 09 to FY 13 is proposed. Using
ADUFA as a model, Title II (Animal Generic Drug User Fee Act)
of H.R. 6432 would provide funding for increased review of
generic animal drug submissions, for training and development
of staff members, and for refining business processes and
developing policies to allow more efficient review of generic
animal drug submissions.
Under the Animal Generic Drug User Fee Act (AGDUFA) user-
fee proposal, FDA would agree to meet review performance goals
to improve the timeliness and predictability of the animal
generic drug review process. These performance goals are
intended to achieve progressive yearly improvements, shortening
the time for FDA to review and act on submissions with each
fiscal year. By the fifth and final year of the proposed user
fees, FDA would agree to review and act on 90 percent of the
sentinel submission types within specified timeframes.
The AGDUFA proposal has many similarities to the proposal
for ADUFA II, such as comparable fee triggers, fee-setting
requirements, workload adjustments, and reporting requirements.
The major differences are that AGDUFA does not allow FDA to
collect establishment fees, and FDA may only waive or reduce
fees if the drug is intended for a minor use or minor species
indication. Also, similar to the ADUFA II proposal, the AGDUFA
proposal has fixed annual increases instead of the inflation
adjuster used for the original ADUFA.
Legislative History
On July 8, 2008, H.R. 6433 was introduced by Representative
Pallone and referred to the Committee on Energy and Commerce.
On July 9, 2008, H.R. 6433 was referred to the Subcommittee on
Health.
On July 9, 2008, the Subcommittee on Health met in an open
markup session and forwarded H.R. 6433 to the full Committee by
voice vote.
On July 16, 2008, the Committee on Energy and Commerce met
in an open markup session and H.R. 6433 was ordered favorably
reported, amended, by a voice vote.
On July 30, 2008, H.R. 6433 was reported to the House,
amended (H. Rept. 110-805).
No further action was taken on H.R. 6433 in the 110th
Congress.
On July 8, 2008, H.R. 6432 was introduced by Representative
Pallone and referred to the Committee on Energy and Commerce.
On July 9, 2008, H.R. 6432 was referred to the Subcommittee on
Health.
On July 9, 2008, the Subcommittee on Health met in an open
markup session and forwarded H.R. 6432 to the full Committee by
a voice vote.
On July 16, 2008, the Committee on Energy and Commerce met
in an open markup session and H.R. 6432 was ordered favorably
reported, amended, by a voice vote.
On July 30, 2008, H.R. 6432 was reported to the House,
amended (H. Rept. 110-804).
On July 30, 2008, H.R. 6432 passed the House, amended,
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
On August 1, 2008, H.R. 6432 passed the Senate without
amendment by unanimous consent and was cleared for the White
House.
On August 6, 2008, H.R. 6432 was presented to the President
and signed by the President on August 14, 2008 (Public Law 110-
316).
ADA AMENDMENTS ACT OF 2008
Public Law 110-325 (S. 3406, H.R. 3195)
Summary
S. 3406 amends the Americans with Disabilities Act of 1990
(ADA) to redefine the term ``disability'' and sets forth rules
of construction regarding the definition of ``disability.'' S.
3406 also clarifies the prohibition of employment
discrimination against a qualified individual on the basis of
disability.
Legislative History
On July 26, 2007, H.R. 3195 was introduced by
Representative Hoyer. It was referred to the Committee on
Education and Labor, and in addition to the Committees on the
Judiciary, Transportation and Infrastructure, and 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 June 23, 2008, H.R. 3195 was reported to the House,
amended, by the Committee on Education and Labor (H. Rept. 110-
730, Part 1). That same day, the bill was reported to the
House, amended, by the Committee on the Judiciary (H. Rept.
110-730, Part 2). The Committee on Energy and Commerce and the
Committee on Transportation and Infrastructure were each
discharged from further consideration of H.R. 3195.
On June 25, 2008, H.R. 3195 was considered under the
provisions of H. Res. 1299 and passed the House, as amended, by
a rollcall vote: 402-17.
On June 26, 2008, H.R. 3195 was received in the Senate and
read the first time. H.R. 3195 was placed on the Senate
Legislative Calendar under Read the First Time.
On June 27, 2008, H.R. 3195 was read the second time and
placed on Senate Legislative Calendar under General Orders.
Further action was taken on S. 3406, a related measure
introduced by Senator Harkin on July 31, 2008.
On September 11, 2008, S. 3406 passed the Senate, without
amendment, by unanimous consent.
On September 15, 2008, S. 3406 was received by the House
and held at the desk.
On September 17, 2008, S. 3406 was considered under
suspension of the rules and passed the House by a voice vote,
two-thirds having voted in favor. This action cleared the
measure for the White House.
On September 23, 2008, S. 1760 was presented to the
President and it was signed by the President on September 25,
2008 (Public Law 110-325).
HEALTHY START REAUTHORIZATION ACT OF 2007
Public Law 110-339 (S. 1760)
A bill to amend the Public Health Service Act with respect
to the Healthy Start Initiative.
Summary
The Healthy Start Initiative was implemented to eliminate
disparities in perinatal and women's health by enhancing a
community's service system and infrastructure, and a State's
infrastructure. Healthy Start directs resources and
interventions to improve access to, utilization, and full
participation of comprehensive perinatal and women's health
services for high-risk women and infants. In FY 2007, 102
projects were awarded to new and existing projects.
S. 1760 amends the Public Health Service Act (PHSA) to
require the Secretary of Health and Human Services (HHS) to
consider certain criteria in making grants under the Healthy
Start Initiative, including: factors that contribute to infant
mortality, such as low birth weight; andthe extent to which
applicants for grants facilitate a community-based approach to the
delivery of services and a comprehensive approach to women's health
care to improve perinatal outcomes.
In addition, the legislation states that the Secretary is
not prevented from awarding grants for special projects that
are intended to address significant disparities in perinatal
health indicators in communities along the United States-Mexico
border, or in Alaska or Hawaii. S. 1760 also reauthorizes
appropriations for each of fiscal years 2008 through 2013 for
the Healthy Start Initiative.
Legislative History
On July 10, 2007, S. 1760 was introduced by Senator Brown
and referred to the Senate Committee on Health, Education,
Labor, and Pensions.
On April 29, 2008, S. 1760 was reported to the Senate by
the Senate Committee on Health, Education, Labor, and Pensions
without written report, and placed on the Senate Legislative
Calendar under General Orders, Calendar No. 723.
On April 30, 2008, S. 1760 passed the Senate, amended, by
unanimous consent.
On May 1, 2008, S. 1760 was received by the House and
referred the House Committee on Energy and Commerce. On May 5,
2008, S. 1760 was referred to the Subcommittee on Health.
On September 17, 2008, the Committee on Energy and Commerce
met in an open markup session and S. 1760 was ordered favorably
reported by a voice vote.
On September 23, 2008, S. 1760 was considered under
suspension of the rules and passed the House by a voice vote,
two-thirds having voted in favor. This action cleared S. 1760
for the White House.
On September 26, 2008, S. 1760 was presented to the
President and it was signed by the President on October 3, 2008
(Public Law 110-339).
DRUG ENDANGERED CHILDREN ACT OF 2007
Public Law 110-345 (H.R. 1199)
To extend the grant program for drug-endangered children.
Summary
H.R. 1199 amends the USA PATRIOT Improvement and
Reauthorization Act of 2005 to extend the grant program for
drug-endangered children through FY2009 and authorizes
appropriations for FY2008 to FY2009.
Legislative History
On February 27, 2007, H.R. 1199 was introduced by
Representative Cardoza. It was 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.
On February 28, 2007, H.R. 1199 was referred to the
Subcommittee on Health.
On September 24, 2007, H.R. 1199 was reported to the House
by the Committee on the Judiciary (H. Rept. 110-341, Part 1).
The Committee on Energy and Commerce was discharged from
further consideration of the measure.
On September 24, 2007, H.R. 1199 was considered under
suspension of the rules and passed the House by a rollcall
vote: 389-4.
On September 25, 2007, H.R. 1199 was received in the Senate
and read twice and referred to the Senate Committee on the
Judiciary.
On September 24, 2008, the Senate Committee on the
Judiciary was discharged from further consideration of H.R.
1199 by unanimous consent. That same day, H.R. 1199 passed the
Senate without amendment by unanimous consent, clearing the
measure for the White House.
H.R. 1199 was presented to the President on September 26,
2008, and signed by the President on October 7, 2008 (Public
Law 110-345).
THE BREAST CANCER AND ENVIRONMENTAL RESEARCH ACT OF 2008
Public Law 110-354 (H.R. 1157)
To amend the Public Health Service Act to authorize the
Director of the National Institute of Environmental Health
Sciences to make grants for the development and operation of
research centers regarding environmental factors that may be
related to the etiology of breast cancer.
Summary
Breast cancer is the second most common type of cancer
among women in the United States. In the United States, a
woman's lifetime risk of breast cancer increased steadily and
dramatically over the course of the 20th century. Today, a
woman's lifetime risk of breast cancer is one in eight.
With respect to environmental effects on breast cancer,
research has varied widely. Some studies have linked alcohol
consumption to an increased risk of the most common type of
breast cancer. Other studies have suggested that infants
exposed to butyl benzyl phthalate (BBP), a chemical additive
used in pipes, vinyl floor tiles, carpet-backing, and other
household items may affect mammary gland development and
perhaps increase the susceptibility to breast cancer.
Researchers have also found that bisphenol A, a chemical found
in some plastic food and drink packaging, including baby
bottles, may be tied to early puberty and prostate and breast
cancer. Other research has shown that hormone replacement
therapy may increase breast cancer risk. Breast cancer is a
complex disease that occurs in an environmentally complex
world. While it is generally believed that environmental
factors play some role in the development of breast cancer, the
full extent of that role is not yet understood.
Currently, there are several sources of Federal funding for
research on the links between breast cancer and the
environment. The National Institute of Environmental Health
Sciences (NIEHS) and NCI have partnered to support a network of
research centers in which multidisciplinary teams of
scientists, clinicians, and breast cancer advocates work
collaboratively on a unique set of scientific questions. In
addition, the Department of Defense (DOD) has a federally-
funded Breast Cancer Research Program (BCRP). Since its
inception in 1992, the BCRP has funded research targeted toward
the program's vision to eradicate breast cancer.
In addition to studying environmental impacts, the recently
completed Human Genome Project is providing an entirely new
avenue of research opportunities to better understand why some
women are more likely to develop breast cancer than others.
Understanding the relevance of genetic markers and potential
predisposition to developing breast cancer are also critically
important areas of cancer research that need to be further
explored. The Cancer Genome Atlas project is one of several
genomic research programs that could help to identify how
environmental factors may or may not impact the development of
breast cancer.
H.R. 1157 requires the HHS Secretary to establish the
``Interagency Breast Cancer and Environmental Research
Coordinating Committee'' to coordinate all efforts within HHS
and other Federal agencies that relate to breast cancer.
In addition, H.R. 1157 establishes the duties of the
Coordinating Committee to include developing: a comprehensive
strategy to advise Federal agencies in the solicitation of
proposals for collaborative, multidisciplinary research; a
summary of advances in breast cancer research supported or
conducted by Federal agencies; recommendations to ensure that
the activities of NIH and other Federal agencies are free of
unnecessary duplication; recommendations regarding public
participation in decisions relating to breast cancer research
to increase the involvement of patient advocacy and community
organizations representing broad geographical areas; and
recommendations for expanding partnerships between public and
private entities to expand collaborative, cross-cutting
research.
Legislative History
On February 16, 2007, H.R. 1157 was introduced by
Representative Lowey and referred to the Committee on Energy
andCommerce. On February 27, 2007, H.R. 1157 was referred to
the Subcommittee on Health.
On May 21, 2008, the Subcommittee on Health held a hearing
on H.R. 1157. The purpose of the hearing was to explore grants
and other methods for encouraging greater research into breast
cancer and its connection to the environment.
On September 23, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 1157 was ordered
reported, amended, by a voice vote.
On September 25, 2008, H.R. 1157 was reported to the House,
amended (H. Rept. 110-889).
On September 25, 2008, H.R 1157 was considered under
suspension of the rules and passed the House, as amended, by a
voice vote, two-thirds having voted in favor.
On September 27, 2008, H.R. 1157 passed the Senate, without
amendment, by unanimous consent, clearing the measure for the
White House.
On September 30, 2008, H.R. 1157 was presented to the
President and signed by the President on October 8, 2008
(Public Law 110-354).
HEALTH CARE SAFETY NET ACT OF 2008
Public Law 110-355 (H.R. 1343, S. 901, H.R. 1646, H.R. 5544, H.R. 870,
H.R. 2915, H.R. 4230)
To amend the Public Health Service Act to provide
additional authorizations of appropriations for the health
centers program under section 330 of such Act, and for other
purposes.
Summary
Health centers are an important component of the healthcare
safety net for vulnerable populations, including Medicaid
beneficiaries, people who are uninsured, and others who may
have difficulty obtaining access to health care. For more than
40 years, community health centers have provided comprehensive,
culturally competent, quality primary healthcare services--
including preventive, diagnostic, treatment, emergency
services, and referrals to specialty care--to medically
underserved communities and vulnerable populations without
access to such services. Where medically necessary, community
health centers also provide enabling services, such as
transportation and translation that help patients gain access
to care. Patients are charged for services based on their
ability to pay, on a sliding-fee scale.
Recruitment and retention of adequate numbers of qualified
workers are major concerns for many healthcare providers today.
In addition to concerns about the overall supply of healthcare
professionals, the distribution of available providers is an
ongoing public health concern. Many Americans live in areas--
including isolated rural areas or inner city neighborhoods--
that lack a sufficient number of healthcare providers.
Approximately 50 million people live in communities without
access to primary health care.
The National Health Service Corps (NHSC) is one safety net
program that directly places primary care physicians and other
health professionals in these medically needy areas. The NHSC
offers scholarships and educational loans for healthcare
professionals who, in turn, agree to serve in communities that
have a shortage of healthcare providers. Since its
establishment in 1970, the NHSC has placed nearly 27,000 health
professionals in communities that report chronic shortages of
health professionals. Currently, more than 4,000 clinicians and
healthcare professionals provide primary care to nearly 4
million people nationwide.
H.R. 1343 reauthorizes programs under Section 330 of the
Public Health Service Act to authorize appropriations for
health centers to meet the healthcare needs of medically
underserved populations from FY 2008-FY 2012.
H.R. 1343 requires the Comptroller General to study the
economic costs and benefits of school-based health centers and
their impact on the health of students, including an analysis
of: (1) the impact that federal funding could have on the
operation of such centers; (2) any cost savings to other
federal programs derived from providing health services in such
centers; and (3) the impact of such centers in rural or
underserved areas.
H.R. 1343 also directs the Comptroller General to study:
(1) integrated health system models for the delivery of health
care services to medically underserved and uninsured
populations; and (2) the implications of extending Federal Tort
Claims Act coverage to health care professionals who volunteer
to furnish care to patients of health centers.
Further, H.R. 1343 requires the Secretary of Health and
Human Services, acting through the Administrator of the Health
Resources and Services Administration (HRSA), to submit a
report to the relevant congressional committees that describes
efforts to expand and accelerate quality improvement activities
in community health centers. It also requires the Administrator
to establish a mechanism for the dissemination of initiatives,
best practices, and other information that may assist health
care quality improvement efforts in community health centers.
Finally, H.R. 1343 reauthorizes appropriations for FY2008-
FY2012 for: (1) the National Health Service Corps program; and
(2) the National Health Service Corps Scholarship Program and
National Health Service Corps Loan Repayment Program.
Legislative History
On March 6, 2007, H.R. 1343 was introduced by
Representative Green and referred to the Committee on Energy
and Commerce. On March 7, 2007, H.R. 1343 was referred to the
Subcommittee on Health.
On December 4, 2007, the Subcommittee on Health held a
hearing on H.R. 1343. The purpose of the hearing was to explore
the need for the expansion of community health centers and
continuation of the National Health Service Corps.
On April 23, 2008, the Subcommittee on Health met in an
open markup session and H.R. 1343 was forwarded to the full
Committee, amended, by a voice vote.
On May 7, 2008, the Committee on Energy and Commerce met in
an open markup session and H.R. 1343 was ordered favorably
reported, amended, by a voice vote.
On June 4, 2008, H.R. 1343 was reported to the House,
amended, (H. Rept. 110-680).
On June 4, 2008, H.R. 1343 was considered under suspension
of the rules and passed the House, as amended, by a rollcall
vote: 393-24.
On June 5, 2008, H.R. 1343 was received in the Senate, read
twice and referred to the Committee on Health, Education, Labor
and Pensions.
On September 24, 2008, the Senate Committee on Health,
Education, Labor, and Pensions was discharged from further
consideration of H.R. 1343 by unanimous consent. That same day,
H.R. 1343 passed the Senate, amended, by unanimous consent.
On September 25, 2008, the House considered the Senate
amendment under suspension of the rules and agreed to the
Senate amendment by a voice vote, two-thirds having voted in
favor. This action cleared H.R. 1343 for the White House.
On September 30, 2008, H.R. 1343 was presented to the
President. It was then signed by the President on October 8,
2008 (Public Law 110-355).
PAUL D. WELLSTONE MUSCULAR DYSTROPHY COMMUNITY ASSISTANCE, RESEARCH,
AND EDUCATION AMENDMENTS OF 2008
Public Law 110-361 (H.R. 5265)
To amend the Public Health Service Act to provide for
research with respect to various forms of muscular dystrophy,
including Becker, congenital, distal, Duchenne, Emery-Dreifuss
facioscapulohumeral, limb-girdle, myotonic, and
oculopharyngeal, muscular dystrophies.
Summary
The muscular dystrophies (MD) are a group of more than 30
genetic diseases characterized by progressive weakness and
degeneration of the skeletal muscles that control movement. The
disorders differ in terms of the distribution and extent of
muscle weakness, age of onset, rate of progression, and pattern
of inheritance. Duchenne MD is the most common form of MD and
primarily affects boys. It is caused by the absence of
dystrophin, a protein involved in maintaining the integrity of
muscle. Onset is between 3 and 5 years and the disorder
progresses rapidly. Most boys are unable to walk by age 12,and
later need a respirator to breathe. There is no specific treatment to
stop or reverse any form of MD.
The prognosis for people with MD varies according to the
type and progression of the disorder. Some cases may be mild
and progress very slowly over a normal lifespan, while others
produce severe muscle weakness, functional disability, and loss
of the ability to walk. Some children with MD die in infancy
while others live into adulthood with only moderate disability.
The National Institute of Neurological Disorders and Stroke
(NINDS), part of the NIH, supports a broad program of research
studies on MD. The goals of these studies are to understand MD
and to develop techniques to diagnose, treat, prevent, and
ultimately cure the disorder.
H.R. 5265 amends the Public Health Service Act to
reauthorize programs at NIH and the Centers for Disease Control
and Prevention (CDC) for research on various forms of muscular
dystrophy. Further, it designates the Muscular Dystrophy (MD)
Centers of Excellence as the Paul D. Wellstone Muscular
Dystrophy Cooperative Research Centers. It also allows the
interagency coordinating committee for muscular dystrophy to
give special consideration to enhancing the clinical research
infrastructure required to test emerging therapies for the
various forms of muscular dystrophy.
H.R. 5265 allows the HHS Secretary to ensure that any data
on patients that is collected as part of the Muscular Dystrophy
Surveillance, Tracking, and Research Network (MD STARnet) be
regularly updated to reflect changes in patient condition over
time. In addition, H.R. 5265 requires the CDC Director to
report to the appropriate congressional committees on MD
STARnet and data collection and may provide prospective health
outcome data on the health and survival of people with muscular
dystrophy.
H.R. 5265 also allows the CDC Director, in carrying out a
program to provide information and education on muscular
dystrophy to health professionals and the general public, to
partner with leaders in the muscular dystrophy patient
community and widely disseminate the Duchenne-Becker muscular
dystrophy (DBMD) care considerations.
Legislative History
On February 7, 2008, H.R. 5265 was introduced by
Representative Engel and referred to the Committee on Energy
and Commerce. That same day, H.R. 5265 was referred to the
Subcommittee on Health.
On September 17, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 5265 was ordered
favorably reported, amended, by a voice vote.
On September 23, 2008, H.R. 5265 was considered under
suspension of the rules. On September 24, 2008 H.R. 5265 passed
the House, as amended, by a rollcall vote: 418-2.
On September 26, 2008, H.R. 5265 passed the Senate,
amended, by unanimous consent.
On September 27, 2008, the House agreed to the Senate
amendment to H.R. 5265 by unanimous consent, clearing the
measure for the White House.
On September 30, 2008, H.R. 5265 was presented to the
President and was signed by the President on October 8, 2008
(Public Law 110-361).
ALS REGISTRY ACT
Public Law 110-373 (H.R. 2295, S. 1382)
To amend the Public Health Service Act to provide for the
establishment of an Amyotrophic Lateral Sclerosis Registry.
Summary
A single national patient registry that collects and stores
information on the prevalence and incidence of ALS does not
exist in the United States today. The establishment of a
national registry will help identify the incidence and
prevalence of ALS and other related motor neuron disorders in
the United States as well as the etiology of the diseases. The
patient registry would collect data that is urgently needed for
ALS research, disease management, and the development of
standards of care in order to significantly enhance the
Nation's efforts to find a treatment and cure for ALS and other
related motor neuron disorders.
S. 5 would provide for the creation and maintenance of a
single nationwide ALS Registry at the Centers for Disease
Control and Prevention (CDC). The registry would collect key
data and information as determined by a newly created Federal
Advisory Committee on the National ALS Registry. The ALS
Registry Act would build upon Fiscal Year 2006 and Fiscal Year
2007 congressional appropriations of $887,000, in each of those
years, which directed CDC to evaluate the science to guide the
creation of a national ALS Registry. Currently, there are three
pilot projects being conducted at Mayo Clinic, Rochester, MN;
the South Carolina Office of Research and Statistics; and Emory
University.
Legislative History
On May 14, 2007, H.R. 2295 was introduced by Representative
Engel and referred to the Committee on Energy and Commerce.
That same day, the bill was referred to the Subcommittee on
Health.
On July 19, 2007, the Subcommittee on Health met in an open
markup session and H.R. 2295 was forwarded to the full
Committee, amended, by a voice vote.
On September 27, 2007, the Committee held an open markup
session and H.R. 2295 was ordered favorably reported to the
House, as amended, by a voice vote.
On October 15, 2007, H.R. 2295 was reported to the House,
amended (H. Rept. 110-379).
On October 15, 2007, H.R. 2295 was considered under
suspension of the rules and, on October 16, 2007, passed the
House, as amended, by a rollcall vote: 411-3.
On October 17, 2007, H.R. 2295 was received in the Senate.
On October 30, 2007, H.R. 2295 was read the first time and
placed on the Senate Legislative Calendar under read the first
time.
Further action was taken on S. 1382, a related measure.
On May 14, 2007, S. 1382 was introduced by Senator Reid and
referred to the Senate Committee on Health, Education, Labor
and Pensions.
On December 4, 2007, S. 1382 was reported by the Committee
on Health, Education, Labor and Pensions with an amendment in
the nature of a substitute and placed on the Senate Legislative
Calendar.
On September 23, 2008, S. 1382 passed the Senate, amended,
by unanimous consent.
On September 24, 2008, S. 1382 was received in the House
and held at the desk.
On September 25, 2008, S. 1382 was considered under
suspension of the rules. Objection was heard regarding the
presence of a quorum; further proceedings on the motion were
postponed.
On September 26, 2008, S. 1382 was considered as unfinished
business and passed the House by a rollcall vote: 415-0.
On October 8, 2008, S. 1382 was signed by the President
(Public Law 110-373).
PRENATALLY AND POSTNATALLY DIAGNOSED CONDITIONS AWARENESS ACT
Public Law 110-374 (S. 1810, H.R. 3112)
A bill to amend the Public Health Service Act to increase
the provision of scientifically sound information and support
services to patients receiving a positive test diagnosis for
Down syndrome or other prenatally and postnatally diagnosed
conditions.
Summary
Pregnant women receiving a prenatal disease or condition
diagnosis, such as Down syndrome, spina bifida, cystic
fibrosis, and other congenital conditions, do not have
consistent access to sufficient, up-to-date information and
support services. Down syndrome, the most commonly identified
cause of mental retardation, occurs in about 1 in 800 births.
In addition, studies have indicated that the data necessary to
understand, monitor, and provide health care for prenatally
diagnosed conditions is not currently readily available.
S. 1810 aims to ensure that patients receiving a positive
test diagnosis for Down syndrome or other prenatally diagnosed
conditionshave timely access to scientifically sound
information and adequate support services. Additionally, this
legislation strives to increase the knowledge base surrounding
prenatally diagnosed conditions by granting HHS the resources and
authority to more accurately monitor trends.
S. 1810 amends the Public Health Service Act to require the
Secretary of Health and Human Services to authorize and oversee
certain activities relating to Down syndrome or other
prenatally or postnatally diagnosed conditions. S. 1810
includes among such activities the awarding of grants,
contracts or cooperative agreements to eligible entities to:
collect, synthesize, and disseminate current evidence-based
information relating to such conditions; and coordinate the
provision of, and access to, new or existing supportive
services for patients receiving a positive diagnosis for such
conditions.
The bill requires the Secretary to place an emphasis on
funding partnerships between health care professional groups
and disability advocacy organizations in distributing funds. S.
1810 also requires a grantee under this Act to make available
to health care providers of parents who receive a prenatal or
postnatal diagnosis: up-to-date, evidence-based, written
information concerning the range of outcomes for individuals
living with the diagnosed condition; and contact information
regarding support services. S. 1810 also requires the
information provided to be culturally and linguistically
appropriate and to be approved by the Secretary.
This legislation also requires the Government
Accountability Office (GAO) to report to Congress concerning
the effectiveness of current health care and family support
programs serving as resources for the families of children with
disabilities.
Legislative History
On July 19, 2007, H.R. 3112 was introduced by
Representative Sensenbrenner and referred to the Committee on
Energy and Commerce. That same day, H.R. 3112 was referred to
the Subcommittee on Health.
On April 23, 2008, the Subcommittee on Health met in an
open markup session and H.R. 3112 was forwarded to the full
Committee, amended, by a voice vote.
Further action was taken on S. 1810, a related measure,
which was introduced by Senator Brownback on July 18, 2007, and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
On April 21, 2008, S. 1810 was reported by the Senate
Committee on Health, Education, Labor, and Pensions with an
amendment in the nature of a substitute, without written
report.
On September 23, 2008, S. 1810 passed the Senate, amended,
by unanimous consent.
On September 24, 2008, S. 1810 was received in the House
and referred the Committee on Energy and Commerce.
On September 25, 2008, S. 1810 was considered under
suspension of the rules and passed the House by a voice vote,
two-thirds having voted in favor. This action cleared the
measure for the White House.
On September 29, 2008, S. 1810 was presented to the
President who signed the bill on October 8, 2008 (Public Law
110-374).
THE POISON CENTER SUPPORT, ENHANCEMENT, AND AWARENESS ACT OF 2008
Public Law 110-377 (H.R. 5669, S. 2932)
To amend the Public Health Service Act to reauthorize the
poison center national toll-free number, national media
campaign, and grant program to provide assistance for poison
prevention, sustain the funding of poison centers, and enhance
the public health of people of the United States.
Summary
Unintentional poisoning is a significant problem, ranking
second only to motor vehicle crashes as a cause of
unintentional injury and death in 2005. The economic cost is
also considerable as poisonings led to $26 billion in medical
expenses in 2000.
While it is widely recognized that unintentional exposure
to hazardous household substances occurs among preschool-aged
children, it is less well known that poisoning affects people
across their lifespan. For instance, unintentional drug
overdose and suicide deaths are more likely to occur among
adolescents and young adults, while the elderly are at high
risk for poisoning because of the possibility of mixing
medications or taking the wrong dosage. Poison control centers
respond to calls dealing with all of these issues.
The Poison Control Center Enhancement and Awareness Act was
originally enacted in 2000 and amended in 2003 to stabilize
poison control center operations. While centers supported by
the Act were intended to provide an emergency safety net, they
did not always ensure consistent, effective, and efficient
delivery of poison prevention and control services to the U.S.
population.
A 2004 Institute of Medicine (IOM) report revealed some of
the problems with the current network of poison control
centers. One of the key recommendations in this report was that
Congress provides sufficient funding to support the Poison
Prevention and Control System with its national network of
regional poison control centers.
H.R. 5669 reauthorizes a grant program that allows the HHS
Secretary to make grants to certified poison centers for
evaluating best practices for poison prevention, developing
patient management guidelines, improving national toxics-
exposure surveillance, enhancing technological capabilities of
those in the field of poison control, fostering enhanced public
health utilization of national poison data, expanding
toxicologic expertise, and improving the capacity of poison
centers.
In addition, H.R. 5669 reauthorizes a poison centers
national toll-free number and provides for the maintenance of
such a number, including appropriate authorizations. It also
reauthorizes a nationwide media campaign to educate the public
and healthcare providers about poison prevention and the
availability of poison center resources, including advertising
of the nationwide toll-free number.
Legislative History
On April 1, 2008, H.R. 5669 was introduced by
Representative Towns and referred to the Committee on Energy
and Commerce. On April 2, 2008, H.R. 5669 was referred to the
Subcommittee on Health.
On April 23, 2008, the Subcommittee on Health met in an
open markup session and H.R. 5669 was forwarded to the full
Committee by a voice vote.
On May 7, 2008, the Committee on Energy and Commerce met in
an open markup session and H.R. 5669 was ordered reported by a
voice vote.
On June 4, 2008, H.R. 5669 was reported to the House by the
Committee on Energy and Commerce (H. Rept. 110-682). That same
day, H.R. 5669 was considered under suspension of the rules and
passed the House by a rollcall vote: 405-10.
On June 5, 2008, H.R. 5669 was received in the Senate, read
twice and referred to the Senate Committee on Health,
Education, Labor, and Pensions.
Further action was taken on S. 2932, a related measure. It
was introduced in the Senate on April 29, 2008, by Senator
Murray, and referred to the Senate Committee on Health,
Education, Labor, and Pensions.
On September 23, 2008, the Senate Committee on Health,
Education, Labor, and Pensions was discharged from further
consideration of the legislation.
On September 23, 2008, S. 2932 passed the Senate, amended,
by unanimous consent.
On September 26, 2008, S. 2932 was considered under
suspension of the rules and passed the House by a rollcall
vote: 403-6.
On September 29, 2008, S. 2932 was presented to the
President. It was signed by the President on October 8, 2008
(Public Law 110-377).
COMPREHENSIVE TUBERCULOSIS ELIMINATION ACT OF 2008
Public Law 110-392 (H.R. 1532)
To amend the Public Health Service Act with respect to
making progress toward the goal of eliminating tuberculosis,
and for other purposes.
Summary
Tuberculosis (TB), a chronic bacterial infection, continues
to be a worldwide problem. Nearly 2 billion people, including
10 to 15 million in the United States, are infected and
approximately 8 million new casesand 1.6 million tuberculosis
deaths are reported globally each year. Tuberculosis causes more deaths
than any other infectious disease caused by a single microorganism.
An emerging public health concern is the increase in the
number of cases of multidrug-resistant tuberculosis, a form of
the disease that is resistant to several of the standard
therapeutic drugs. Recently, there has also been an increase in
the number of cases of extensively drug-resistant tuberculosis,
which is resistant to four or more standard drugs.
The high global burden of disease, coupled with continued
problems of drug-resistant strains and a failure to develop
better tools for TB control, threaten our ability to eliminate
TB in the U.S. and hamper efforts to control TB globally as the
decreasing trend in the annual case rate has slowed from an
annual average decline of 6.6 percent for 1993 through 2002 to
an annual average decline of 3.1 percent for 2003 through 2006.
A May 2000 Institute for Medicine (IOM) report entitled
`Ending Neglect: The Elimination of Tuberculosis in the U.S.'
stated that proper funding, the organization of prevention and
control activities, and the research and development of new
tools could eliminate tuberculosis as a public health problem
in the U.S. As a result, research aimed at the diagnosis,
treatment, and prevention of all forms of tuberculosis and the
care of infected individuals continues to be of interest to
Congress.
H.R. 1532 reauthorizes and amends the PHSA's existing
``Preventive Health Services Regarding Tuberculosis'' program.
This legislation amends the duties and comprehensive plan of
the existing TB Advisory Council; creates a new Federal
Tuberculosis Task Force; requires the HHS Secretary to prepare
and submit a report to Congress, which evaluates and provides
recommendations on changes needed to Federal and State public
health authorities to address current disease containment
challenges; authorizes appropriations from FY 09 to FY 13; and
states that the National Institutes of Health (NIH) Director
may expand, intensify, and coordinate research and development
and related activities with respect to TB, including activities
toward the goal of eliminating the disease.
Legislative History
On March 15, 2007, H.R. 1532 was introduced by
Representative Green and referred to the Committee on Energy
and Commerce. On March 16, 2007, H.R. 1532 was referred to the
Subcommittee on Health.
On September 17, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 1532 was ordered
favorably reported, amended, by a voice vote.
On September 23, 2008, H.R. 1532 was reported to the House,
amended (H. Rept. 110-873).
On September 23, 2008, H.R. 1532 was considered under
suspension of the rules and on September 24, 2008, passed the
House, as amended, by a voice vote, two-thirds having voted in
favor.
On September 25, 2008, H.R. 1532 was received in the Senate
and read twice.
On September 27, 2008, H.R. 1532 passed the Senate, without
amendment, by unanimous consent and was cleared for the White
House.
On October 3, 2008, H.R. 1532 was presented to the
President and was signed by the President on October 13, 2008
(Public Law 110-392).
STEPHANIE TUBBS JONES GIFT OF LIFE MEDAL ACT OF 2008
Public Law 110-413 (H.R. 7198, H.R. 6950)
To establish the Stephanie Tubbs Jones Gift of Life Medal
for organ donors and the family of organ donors.
Summary
H.R. 6950 makes any organ donor, or the family of any organ
donor, eligible for a Stephanie Tubbs Jones Gift of Life Medal.
In addition, H.R. 6950 requires the Secretary of Health and
Human Services to direct the Organ Procurement and
Transplantation Network (OPTN) to establish an application
procedure, determine eligibility, and arrange for the
presentation of medals. H.R. 6950 authorizes the OPTN to
collect funds to offset expenditures relating to the issuance
of medals and requires the Secretary of the Treasury to design
the Stephanie Tubbs Jones Gift of Life Medals using certain
specifications.
Legislative History
On September 18, 2008, H.R. 6950 was introduced by
Representative Stark. It was referred to the Financial
Services, 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 September 23, 2008, H.R. 6950 was considered under
suspension of the rules. On September 25, 2008, H.R. 6950 was
considered as unfinished business and passed the House by a
rollcall vote: 420-1.
On September 26, 2008, H.R. 6950 was received in the
Senate.
Further action was taken on H.R. 7198, a related measure,
which was introduced on September 28, 2008, by Representative
Stark. It was referred to the Committee on Financial Services,
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 September 29, 2008, the Committee on Energy and Commerce
and the Committee on Financial Services were each discharged
from further consideration of H.R. 7198. The House then passed
H.R. 7198 by unanimous consent.
On September 30, 2008, H.R. 7198 was received in the
Senate.
On October 1, 2008, H.R. 7198 passed the Senate, without
amendment, by unanimous consent, clearing it for the White
House.
On October 6, 2008, H.R. 7198 was presented to the
President who signed the measure on October 14, 2008 (Public
Law 110-413).
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009
Public Law 110-417 (S. 3001, H.R. 5658)
(Health Provisions)
To authorize appropriations for fiscal year 2009 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes.
Summary
S. 3001 provides for a consistent education loan repayment
authority for health professionals in regular components and
Selected Reserve. It also provides for the extension of certain
bonus and special pay authorities for health care
professionals. Further, S. 3001 provides accession and
retention bonuses for the recruitment and retention of officers
in critically short wartime health professions.
S. 3001 provides a one year prohibition of increases on
certain health care costs and for transitional health care for
certain members of the armed forces. The Secretary of Defense
is also required to conduct a military health risk management
demonstration project on the use of preventive health services.
S. 3001 directs the Secretary to establish a task force on the
prevention of suicide by members of the Armed Forces.
Legislative History
On March 31, 2008, H.R. 5658 was introduced by
Representative Skelton and referred to the Committee on Armed
Services.
On April 25, 2008, H.R. 5658 was referred to the
Subcommittee on Military Personnel; the Subcommittee on
Readiness; the Subcommittee on Seapower and Expeditionary
Forces; the Subcommittee on Air and Land Forces; the
Subcommittee on Terrorism, Unconventional Threats and
Capabilities; and the Subcommittee on Strategic Forces.
On May 7, 2008, the Subcommittee on Military Personnel, the
Subcommittee on Air and Land Forces and the Subcommittee on
Strategic Forces met in an open markup session and forwarded
H.R. 5658 to the full Committee by a voice vote.
On May 8, 2007, the Subcommittee on Readiness met in an
open markup session and forwarded H.R. 5658 to the full
Committee, as amended, by a voice vote. The Subcommittee on
Seapower and Expeditionary Forces met in an open markup session
and forwarded H.R. 5658 to the full Committee, as amended, by a
voice vote. The Subcommittee on Terrorism, Unconventional
Threats and Capabilities met in an open markup session and
forwarded H.R. 5658 to the full Committee by a voice vote.
On May 14, 2008, the Committee on Armed Services met in an
open markup session and H.R. 5658 was ordered reported, as
amended, by a rollcall vote: 61-0.
On May 16, 2008, the Committee on Armed Services reported
H.R. 5658 to the House, amended (H. Rept. 110-652).
On May 20, 2008, a supplemental report was filed by the
Committee on Armed Services (H. Rept. 110-652, Part 2).
On May 21, 2008, H.R. 5658 was considered under the
provisions of rule H. Res. 1213 and Committee of the Whole
House on the State of the Union rises leaving H.R. 5658 as
unfinished business.
On May 22, 2008, H.R. 5658 passed the House, amended, by a
rollcall vote: 384-23.
On June 3, 2008, H.R. 5658 was received in the Senate, read
twice and placed on Senate Legislative Calendar under General
Orders, Calendar No. 758.
Further action was taken on S. 3001, a related measure.
On September 17, 2008, S. 3001 passed the Senate, amended,
by a rollcall vote: 88-8.
On September 18, 2008, S. 3001 was received in the House.
On September 24, 2008, S. 3001 passed the House, as
amended, under suspension of the rules by a rollcall vote:
392--39.
On September 27, 2008, the Senate agreed to the House
amendment by unanimous consent and S. 3001 was cleared for the
White House.
On October 6, 2008, S. 3001 was presented to the President;
and the measure was signed by the President on October 14, 2008
(Public Law 110-417).
METHAMPHETAMINE PRODUCTION PREVENTION ACT OF 2007
Public Law 110-415 (S. 1276)
To facilitate the creation of methamphetamine precursor
electronic logbook systems, and for other purposes.
Summary
The Combat Methamphetamine Act requires pharmacies to keep
logbooks recording each purchase of a methamphetamine precursor
drug product. Current law permits pharmacies to keep these
logbooks either in written or electronic form. Numerous states
are trying to promote increased usage of electronic logbook
systems because when pharmacies keep their logbook information
electronically, it makes it much easier to identify people who
go from pharmacy to pharmacy to buy methamphetamine precursors
in amounts that exceed the legal limit.
S. 1276 makes technical changes to the provisions in the
federal Combat Methamphetamine Act to reduce unnecessary costs
for pharmacies to use an electronic logbook system.
Legislative History
On May 3, 2007, S. 1276 was introduced by Senator Durbin
and referred to the Senate Committee on the Judiciary.
On September 15, 2008, the Senate Committee on the
Judiciary reported S. 1276 with an amendment in the nature of a
substitute and an amendment to the title.
On September 25, 2008, S. 1276 passed the Senate, as
amended, by unanimous consent.
On September 25, 2008, S. 1276 was received in the House
and referred to the House Committee on Energy and Commerce, and
in addition the House Committee on the Judiciary.
On September 29, 2008, the Committee on Energy and Commerce
and the Committee on the Judiciary were each discharged from
further consideration of S. 1276. The bill was then considered
in the House by unanimous consent and agreed to without
objection. This action cleared S. 1276 for the White House.
On October 3, 2008, S. 1276 was presented to the President.
The President signed the legislation on October 14, 2008
(Public Law 110-415).
RYAN HAIGHT ONLINE PHARMACY CONSUMER PROTECTION ACT OF 2008
Public Law 110-425 (H.R. 6353)
To amend the Controlled Substances Act to address online
pharmacies.
Summary
According to the Drug Enforcement Agency (DEA), nearly 7
million Americans are abusing prescription drugs, more than the
numbers who are abusing cocaine, heroin, hallucinogens,
Ecstasy, and inhalants, combined. The number of individuals
abusing prescription drugs has increased 80 percent in the last
6 years. Prescription pain relievers have replaced marijuana
and cocaine as new drug users' drug of choice. Nearly 1 in 10
high school seniors admits to abusing powerful prescription
painkillers. A shocking 40 percent of teenagers and an almost
equal number of their parents think abusing prescription
painkillers is safer than abusing `street' drugs.
Prescription pain relievers appear to be among the drugs
most heavily dispensed by certain Internet pharmacies through
prescriptions that are issued based on online questionnaires.
This practice has been abused by rogue pharmacy sites that
dispense large quantities of addictive substances to customers
seeking access to prescription painkillers, leading to
instances of addiction, overdose, and death. As of July 2004,
DEA investigations had discovered 14 deaths or overdoses and 15
persons who have entered rehabilitation or sustained injuries
from drugs obtained over the Internet.
In an effort to address concerns about the purchase of
controlled substances through online pharmacies, H.R. 6353
defines a `valid prescription' as a prescription that is issued
for a legitimate purpose by a practitioner who has conducted at
least one in-person medical evaluation of the patient.
H.R. 6353 imposes registration and reporting requirements
on online pharmacies. H.R. 6353 requires an online pharmacy
that delivers, dispenses controlled substances to: (1) display
on its Internet homepage a statement that it complies with the
requirements of this Act; (2) comply with State laws for the
licensure of pharmacies in each State in which it operates or
sells controlled substances; (3) post on its Internet homepage
specified information, including the name, address, and
telephone number of the pharmacy, the qualifications of its
pharmacist-in-charge, and a certification of its registration
under this Act; and (4) notify the Attorney General and
applicable State boards of pharmacy at least 30 days prior to
offering to sell, deliver, distribute, or dispense controlled
substances over the Internet.
H.R. 6353 increases criminal penalties involving controlled
substances in Schedules II, IV, and V of the Controlled
Substances Act. H.R. 6353 also authorizes States to apply for
injunctions or obtain damages and other civil remedies against
online pharmacies that are deemed a threat to State residents.
Legislative History
On June 24, 2008, H.R. 6353 was introduced by
Representative Stupak. It was referred to the Committee on
Energy and Commerce, and in addition to the Committee on the
Judiciary.
On September 17, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 6353 was ordered
favorably reported, amended, by a voice vote.
On September 23, 2008, the Committee on Energy and Commerce
reported H.R. 6353 to the House, amended (H. Rept. 110-869).
The Committee on Judiciary was discharged from further
consideration of the measure. That same day, H.R. 6353 was
considered under suspension of the rules and passed the House,
as amended, by a voice vote, two-thirds having voted in favor.
On September 25, 2008, H.R. 6353 was received in the
Senate.
On September 30, 2008, H.R. 6353 passed the Senate without
amendment by unanimous consent, clearing the measure for the
White House.
On October 6, 2008, H.R. 6353 was presented to the
President. On October 15, 2008, the President signed the bill
(Public Law 110-425).
STEPHANIE TUBBS JONES ORGAN TRANSPLANT AUTHORIZATION ACT OF 2008
Public Law 110-426 (H.R. 6469)
To amend the Public Health Service Act to authorize
increased Federal funding for the Organ Procurement and
Transplantation Network.
Summary
H.R. 6469 strikes the current authorization amount of $2
million for the Organ Procurement and Transplantation Network
(OPTN) and increases the authorization to $7 million. It also
requires that the Executive Director of the OPTN submit to
Congress a report on the progress of the program.
Legislative History
On July 10, 2008, H.R. 6469 was introduced by
Representative DeGette and referred to the Committee on Energy
and Commerce.
On September 17, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 6469 was ordered
favorably reported, amended, by a voice vote.
On September 23, 2008, H.R. 6469 was considered by the
House under suspension of the rules. On September 25, 2008,
H.R. 6469 passed the House, as amended, by a voice vote, two-
thirds having voted in favor.
On September 26, 2008, H.R 6469 was received in the Senate
and read twice.
On October 2, 2008, H.R. 6469 passed the Senate, amended,
by unanimous consent.
On October 3, 2008, the House agreed to the Senate
amendment without objection and H.R. 6469 was cleared for the
White House.
H.R. 6469 was presented to the President on October 9,
2008, and signed by the President on October 15, 2008 (Public
Law 110-426).
WILLIAM WILBERFORCE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT
OF 2008
Public Law 110-457 (H.R. 7311, H.R. 3887)
(Health Provisions)
To authorize appropriations for fiscal years 2008 through
2011 for the Trafficking Victims Protection Act of 2000, to
enhance measures to combat trafficking in persons, and for
other purposes.
Summary
Title I of H.R. 3887 directs the President to carry out
programs to prevent and deter trafficking in persons and
authorizes funds for FY2008-FY2011 for this purpose. This
deterrence includes providing anti-trafficking assistance to
foreign countries for investigations of individuals and
entities involved in sexual exploitation.
Title I also directs the President to establish performance
goals and indicators for anti-trafficking programs; and
requires the establishment of an integrated database relating
to trafficking trends.
Title II directs the Secretary of Health and Human Services
to provide interim assistance to children who have been
trafficking victims. It also authorizes the Secretary of Health
and Human Services and the Attorney General to establish an
assistance program for U.S. citizens and lawful permanent
residents who are victims of severe forms of trafficking; and
make grants to states, Indian tribes, local government, and
nonprofit victims' service organizations to develop and expand
victim service programs.
Title II requires that the Attorney General and the
Secretary of Health and Human Services report to the
appropriate congressional committees identifying any service
gap between foreign and U.S. citizen victims of severe forms of
trafficking and victims of sex trafficking.
Title III authorizes appropriations through FY 2011 to a
number of federal agencies, including the Secretary of Health
and Human Services and the Attorney General for assistance to
trafficking victims in the United States.
Title IV prohibits funds for specified military and related
areas from being made available to the government of a country
identified by the Secretary of State as having governmental
armed forces or government supported armed groups that recruit
or use child soldiers.
Legislative History
On October 18, 2007, H.R. 3887 was introduced by
Representative Lantos. It was referred to the Committee on
Foreign Affairs, and in addition to the Committees on the
Judiciary, and 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 October 22, 2007, H.R. 3887 was referred to the
Subcommittee on Health.
On November 6, 2007, the Committee on Foreign Affairs
reported H.R. 3887 to the House, amended (H. Rept. 110-430,
Part 1). The Committee on Energy and Commerce was discharged
from further consideration of H.R. 3887; and the Committee on
the Judiciary was granted an extension for further
consideration ending not later than November 9, 2007.
On November 9, 2007, the Committee on the Judiciary was
granted an extension for further consideration ending not later
than November 20, 2007.
On November 20, 2007, the Committee on the Judiciary was
discharged from further consideration of H.R. 3887.
On December 4, 2007, H.R. 3887 was considered under
suspension of the rules and passed the House, as amended, by a
rollcall vote: 405-2.
On December 5, 2007, H.R. 3887 was received in the Senate,
read twice and referred to the Senate Committee on the
Judiciary.
Further action was taken on H.R. 7311, a related measure,
which was introduced on December 9, 2008, by Representative
Howard Berman. The bill was referred to the Committee on
Foreign Affairs, and in addition to the Committees on Energy
and Commerce, and 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.
On December 10, 2008, the Committees on Foreign Affairs,
Energy and Commerce, and the Judiciary were each discharged
from further consideration of the measure by unanimous consent;
and the bill passed the House with no objection the same day.
On December 10, 2008, H.R. 7311 was received in the Senate,
considered, and passed without amendment by unanimous consent,
clearing it for White House action.
On December 23, 2008, H.R. 7311 was signed by the President
(Public Law 110-457).
STEM CELL RESEARCH ENHANCEMENT ACT OF 2007
(H.R. 3, S. 5)
To amend the Public Health Service Act to provide for human
embryonic stem cell research.
Summary
Stem cell research has the potential to affect the lives of
millions of people in the United States and around the world.
Stem cells provide the opportunity to study the growth and
differentiation of individual cells into tissues. Understanding
these processes could provide insights into the causes of birth
defects, genetic abnormalities, and other disease states. Stem
cells could be used to produce large amounts of one cell type
to test new drugs for effectiveness and chemicals for toxicity.
Stem cells might be transplanted into the body to treat disease
or injury. The damaging side effects of medical treatments
might be repaired with stem cell treatment.
S. 5 amends the Public Health Service Act to require the
Secretary of Health and Human Services to conduct and support
research that utilizes human embryonic stem cells, regardless
of the date on which the stem cells were derived from a human
embryo, provided such embryos meet ethical requirements: the
stem cells were derived from human embryos donated from in
vitro fertilization clinics for the purpose of fertility
treatment and were in excess of the needs of the individuals
seeking such treatment; the embryos would never be implanted in
a woman and would otherwise be discarded; and such individuals
donate the embryos with written informed consent and receive no
financial or other inducements. In addition, the bill requires
the Secretary to issue final guidelines to carry out this Act
within 60 days and submit annual reports on activities and
research conducted under this Act.
Legislative History
On January 5, 2007, H.R. 3 was introduced by Representative
DeGette and referred to the Committee on Energy and Commerce.
On January 11, 2007, H.R. 3 was considered in the House
pursuant to H. Res. 6. Mr. Burgess moved to recommit with
instructions to Energy and Commerce. The instructions contained
in the motion seek to require the bill to be reported back to
the House with an amendment inserting provisions preventing
federal support for human cloning. The motion to recommit
failed by a rollcall vote: 189-238. H.R. 3 then passed the
House by a rollcall vote: 253-174.
On January 12, 2007, H.R. 3 was placed on the Senate
Legislative Calendar under General Orders.
Further action was taken on S. 5, a related measure, which
was introduced on January 4, 2007, by Senator Reid.
On April 11, 2007, S. 5 was considered in the Senate and
passed by a rollcall vote: 63-34.
On April 16, 2007, S. 5 was received in the House and held
at the desk.
On June 7, 2007, S. 5 was considered in the House according
to the provisions of H. Res. 464. S. 5 then passed the House by
a rollcall vote: 247-163.
On June 12, 2007, S. 5 was presented to the President and
on June 20, 2007, the President vetoed the bill.
No further action was taken on this bill in the 110th
Congress.
MELANIE BLOCKER-STOKES POSTPARTUM DEPRESSION RESEARCH AND CARE ACT
(H.R. 20)
To provide for research on, and services for individuals
with, postpartum depression and psychosis.
Summary
Postpartum depression is recognized as a unique and serious
complication of childbirth. Its insidious onset and chronic
course complicates 10 to 15 percent of all deliveries and a
staggering 26 to 32 percent of all adolescent deliveries. The
majority of patients suffer from this illness for more than 6
months and, if untreated, 25 percent of patients are still
depressed a year later. Women with postpartum depression may
feel restless, anxious, sad, or depressed. They may have
feelings of guilt, decreased energy and motivation, and a sense
of worthlessness. They may also have sleep difficulties and
undergo unexplained weight loss or gain.
H.R. 20 encourages the Secretary of Health and Human
Services (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 is
encouraged to continue supporting research on understanding the
causes of postpartum depressions and finding a cure through
activities such as basic research concerning the etiology and
causes of the conditions; 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; development of improved screening and diagnostic
techniques; clinical research for the development and
evaluation of new treatments; and, information and education
programs for healthcare professionals and the public.
H.R. 20 also directs 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
must be either a public or nonprofit private entity.
Legislative History
On January 4, 2007, H.R. 20 was introduced by
Representative Rush and referred to the Committee on Energy and
Commerce. On February 2, 2007, H.R. 20 was referred to the
Subcommittee on Health.
On May 1, 2007, the Subcommittee on Health held a hearing
on H.R. 20. The purpose of the hearing was to explore the need
for more research on postpartum depression and psychosis.
On July 19, 2007, the Subcommittee on Health met in an open
markup session and H.R. 20 was forwarded to the full Committee,
amended, by a voice vote.
On September 27, 2007, the Committee held an open markup
session and H.R. 20 was ordered reported, as amended, by a
voice vote.
On October 15, 2007, H.R. 20 was reported to the House, as
amended (H. Rept. 110-375).
On October 15, 2007, H.R. 20 passed the House, as amended,
under suspension of the rules by a rollcall vote: 382-3.
On October 16, 2007, H.R. 20 was received in the Senate,
read twice and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 20 in the 110th
Congress.
STROKE TREATMENT AND ONGOING PREVENTION ACT
(H.R. 477)
To amend the Public Health Service Act to strengthen
education, prevention, and treatment programs relating to
stroke, and for other purposes.
Summary
Stroke is the third leading cause of death in America and a
major contributor to long-term disability. The American Heart
Association estimates that Americans will pay approximately
$62.7 billion in 2007 for stroke-related medical costs and
disability.
H.R. 477 authorizes the Secretary of the Department of
Health and Human Services to engage in activities designed to
increase knowledge and awareness of stroke prevention and
treatment. This legislation would require the Secretary to
conduct educational campaigns, maintain a national stroke
registry, and establish an information clearinghouse related to
stroke. For these purposes, the bill would authorize the
appropriation of $5 million for each of the fiscal years 2008
through 2012.
H.R. 477 would authorize the Secretary to make grants to
public and nonprofit entities for the purpose of planning,
developing, and enhancing approved residency training programs
and other professional training for appropriate health
professions in emergency medicine, including emergency medical
services professionals, to improve stroke and traumatic injury
prevention, diagnosis, treatment, and rehabilitation. For these
purposes, the bill would authorize the appropriation of $4
million for each of the fiscal years 2008 through 2012.
In addition, H.R. 477 would authorize the Secretary to make
grants to States and other public and private entities to
develop medical professional training programs and telehealth
networks that seek to coordinate stroke care and improve
patient outcomes. For these purposes, the bill would authorize
the appropriation of $10 million for fiscal year 2008, $13
million for fiscal year 2009, $15 million for fiscal year 2010,
$8 million for fiscal year 2011, and $4 million for fiscal year
2012.
Legislative History
On January 16, 2007, H.R. 477 was introduced by
Representative Capps and referred to the Committee on Energy
and Commerce. H.R. 477 was referred to the Subcommittee on
Health on February 2, 2007.
On March 13, 2007, the Subcommittee on Health met in an
open markup session and H.R. 477 was forwarded to the full
Committee by a voice vote.
On March 15, 2007, the full Committee met in an open markup
session and H.R. 477 was ordered favorably reported, amended,
by a voice vote.
On March 27, 2007, the Committee on Energy and Commerce
reported H.R. 477 to the House, amended (H. Rept. 110-75).
On March 27, 2007, H.R. 477 was considered in the House
under suspension of the rules and passed the House, as amended,
by a voice vote, two-thirds having voted in favor.
On March 28, 2007, H.R. 477 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 477 in the 110th
Congress.
VISION CARE FOR KIDS ACT OF 2007
(H.R. 507)
To establish a grant program to provide vision care to
children, and for other purposes.
Summary
Vision problems can occur at any point during a lifetime,
but tend to be particularly damaging to school age children
because developmental struggles may result in physical,
emotional, and social consequences. In addition to the
psychological costs, the economic costs for people with
impaired vision are very high. It is estimated that the
lifetime costs for all people with vision impairment who were
born in 2000 will total $2.5 billion. For these reasons,
Healthy Vision 2010 recommends that all children receive a
vision-screening exam from their healthcare provider before
they reach the age of five.
H.R. 507 allows the Secretary of Health and Human Services,
acting through the Director of CDC, to award matching grants to
States to: provide comprehensive eye examinations by a licensed
optometrist or ophthalmologist for children identified by a
licensed health care provider or vision screener, with priority
given to children under age nine; provide treatment or services
to correct vision problems of such children; and develop and
disseminate educational materials to parents, teachers, and
health care practitioners regarding how to recognize signs of
visual impairment in children.
Legislative History
On January 17, 2007, H.R. 507 was introduced by
Representative Green and referred to the Committee on Energy
and Commerce. On February 2, 2007, H.R. 507 was referred to the
Subcommittee on Health.
On July 19, 2007, the Subcommittee on Health met in an open
markup session and H.R. 507 was forwarded to the full
Committee, amended, by a voice vote.
On September 27, 2007, the full Committee held an open
markup session and H.R. 507 was ordered favorably reported to
the House, as amended, by a voice vote.
On October 15, 2007, H.R. 507 was reported to the House,
amended (H. Rept. 110-376).
On October 15, 2007, H.R. 507 passed the House, as amended,
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
On October 16, 2007, H.R. 507 was received in the Senate,
read twice and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 507 in the 110th
Congress.
NATIVE AMERICAN METHAMPHETAMINE ENFORCEMENT AND TREATMENT ACT OF 2007
(H.R. 545)
To amend the Omnibus Crime Control and Safe Streets Act of
1968 to clarify that territories and Indian tribes are eligible
to receive grants for confronting the use of methamphetamine.
Summary
Methamphetamine abuse is a significant burden on rural
communities and tribal communities. The Indian Health Service
(IHS) reports that over 30 percent of Alaska Native and
American Indian youth have experimented with methamphetamine
and that 1.9 percent of Alaska Natives and American Indians
over the age of 12 are currently using it. According to the
Centers for Disease Control and Prevention (CDC), the rate of
use among Alaska natives and American Indians is almost three
times higher than the national rate for whites and four times
higher than the rate for Hispanics and Latinos.
Over the past 30 years, Congress has passed legislation
designed to address the problem of illicit methamphetamine
abuse and its production, culminating in the passage of the
Combat Methamphetamine Epidemic Act of 2005, enacted as Title
VII of the USA PATRIOT Improvement and Reauthorization Act of
2005.
H.R. 545 would make U.S. territories and Indian tribes
eligible to apply for Department of Justice grants to combat
the abuse of methamphetamine authorized under the Combat
Methamphetamine Epidemic Act of 2005, namely the Hot Spots
program and the Drug-Endangered Children Grant program. Under
current law, only States may apply for these grants.
Legislative History
On January 17, 2007, H.R. 545 was introduced by
Representative Udall. It was referred to the Committee on the
Judiciary, 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 February 2, 2007, H.R. 545 was referred to the
Subcommittee on Health.
On March 8, 2007, the Committee on Judiciary reported H.R.
545 to the House (H. Rept. 110-35, Part 1); and the Committee
on Energy and Commerce was granted an extension for further
consideration ending not later than April 20, 2007.
On March 13, 2007, the Subcommittee on Health met in an
open markup session and H.R. 545 was forwarded to the full
Committee, amended, by a voice vote.
On March 15, 2007, the full Committee held an open markup
session and H.R. 545 was ordered favorably reported, as
amended, by a voice vote.
On March 21, 2007, the Committee on Energy and Commerce
reported H.R. 545 to the House, amended, (H. Rept. 110-35, Part
2).
On March 22, 2007, H.R. 545 passed the House, as amended,
under suspension of the rules by a rollcall vote: 423-0.
On March 23, 2007, H.R. 545 was received by the Senate,
read the first time and placed on the Senate Legislative
Calendar under Read the First Time.
On March 26, 2007, H.R. 545 was read the second time and
placed on the Senate Legislative Calendar under General Orders,
Calendar No. 85.
No further action was taken on H.R. 545 in the 110th
Congress.
DEXTROMETHORPHAN DISTRIBUTION ACT OF 2007
(H.R. 970)
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 abused by individuals of all
ages, but its abuse by teenagers and young adults is of
particular concern. Abuse of combination DXM products causes
health complications such as increased blood pressure, delayed
liver damage, and central nervous system and cardiovascular
toxicity. The use of high doses of DXM in combination with
alcohol or other drugs is particularly dangerous and deaths
have been reported.
H.R. 970 amends the Federal Food, Drug, and Cosmetic Act to
deem to be adulterated any unfinished dextromethorphan that
ispossessed, received, or distributed in violation of this Act. It
would also prohibit a person from: possessing or receiving unfinished
dextromethorphan unless the person is registered with the Secretary of
Health and Human Services as a producer of a drug or device, or
distributing unfinished dextromethorphan to any person other than a
registered person.
Legislative History
On February 8, 2007, H.R. 970 was introduced by
Representative Upton and referred to the Committee on Energy
and Commerce. On February 9, 2007, H.R. 970 was referred to the
Subcommittee on Health.
On September 27, 2007, the Subcommittee on Health was
discharged from further consideration of H.R. 970.
On September 27, 2007, the Committee held an open markup
session and H.R. 970 was ordered favorably reported, amended,
by a voice vote.
On October 15, 2007, H.R. 970 was reported to the House,
amended (H. Rept. 110-377).
On October 15, 2007, H.R. 970 passed the House, as amended,
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
On October 16, 2007, H.R. 970 was received in the Senate,
read twice and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 970 in the 110th
Congress.
HEART DISEASE EDUCATION, ANALYSIS RESERCH, AND TREATMENT FOR WOMEN ACT
(H.R. 1014)
To amend the Federal Food, Drug, and Cosmetic Act and the
Public Health Service Act to improve the prevention, diagnosis,
and treatment of heart disease, stroke, and other
cardiovascular diseases in women.
Summary
Heart disease and other forms of cardiovascular disease are
the leading cause of death in the United States and a major
cause of disability. Although heart disease is sometimes
thought of as a `man's disease,' one in three American women
die of heart disease and other cardiovascular diseases, making
it the leading cause of death for both women and men in the
United States. Recent studies attribute these statistics in
part to disparities in preventive care and treatment for
cardiovascular disease between women and men. In particular,
there is a pervasive lack of awareness among women about
cardiovascular health and the risks of heart disease.
The Centers for Disease Control and Prevention (CDC)
administers the Well-Integrated Screening and Evaluation for
Women Across the Nation (WISEWOMAN) program. WISEWOMAN began as
a demonstration program authorized in 1993 by Congress. The
program is available to low-income women aged 40 to 64 who are
enrolled in the National Breast and Cervical Cancer Early
Detection Program. WISEWOMAN successfully screens low-income
and uninsured women for heart disease, stroke, and other forms
of cardiovascular disease through blood pressure and blood
cholesterol testing. Up to this point, however, the available
funding has limited the program to 21 projects in only 20
States.
H.R. 1014 amends the Federal Food, Drug, and Cosmetic Act
and the Public Health Service Act to improve the prevention,
diagnosis, and treatment of heart disease, stroke, and other
cardiovascular diseases in women by instituting new clinical
reporting requirements and authorizing research and public
health activities. Specifically, it authorizes the Department
of Health and Human Services (HHS) to educate health care
professionals and older women about unique aspects of care in
the prevention, diagnosis, and treatment of women with heart
disease and stroke. It also authorizes the expansion of the
WISEWOMAN program.
Further, H.R. 1014 authorizes the Secretary of HHS to deny
an application for approval or place a clinical hold on an
investigation, as appropriate, of a new drug, investigational
new drug, biologic, device, or investigational device if the
application fails to meet current reporting requirements
concerning the stratification of data by gender, age, and race.
Legislative History
On February 13, 2007, H.R. 1014 was introduced by
Representative Capps and referred to the Committee on Energy
and Commerce. On February 14, 2007, H.R. 1014 was referred to
the Subcommittee on Health.
On May 1, 2007, the Subcommittee on Health held a hearing
on H.R. 1014. The purpose of the hearing was to explore the
need for greater awareness and funding for combating heart
disease in women.
On September 17, 2008, the Committee on Energy and Commerce
held an open markup session and H.R. 1014 was ordered favorably
reported, amended, by a voice vote.
On September 23, 2008, the House considered H.R. 1014 under
suspension of the rules. Objection was heard regarding the
presence of a quorum; further proceedings on the motion were
postponed.
On September 25, 2008, the House considered H.R. 1014 as
unfinished business. The House passed the bill, as amended, by
a rollcall vote: 414-4.
On September 26, 2008, H.R. 1014 was received in the
Senate.
No further action was taken on H.R. 1014 in the 110th
Congress.
FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT
(H.R. 1108)
To protect the public health by providing the Food and Drug
Administration with certain authority to regulate tobacco
products.
Summary
The prevalence of tobacco use and its toll on human lives
has long been a public health concern. The Centers for Disease
Control and Prevention (CDC) estimates that 21 percent of U.S.
adults (approximately 45.1 million people) are cigarette
smokers. Current trends suggest that the annual rate of
cessation among smokers remains fairly low, that the decline in
the initiation rate may have slowed, and that overall adult
prevalence may be flattening out at around 20 percent.
In addition to the prevalence of tobacco use in the adult
population, CDC estimates that 23 percent of U.S. high school
students are cigarette smokers. Almost 80 percent of new users
of tobacco products began when they were under the minimum
legal age to purchase them. The use of tobacco products by the
Nation's children is a pediatric disease of considerable
proportions that results in new generations of tobacco-
dependent children. Every day, approximately 4,000 youth try a
cigarette for the first time, and another 1,000 will become
new, regular daily smokers. One-third of these youth will
eventually die prematurely as a result. Tobacco advertising and
marketing contribute significantly to the use of tobacco
products by children and adolescents, who are more influenced
by tobacco marketing than adults, and are exposed to
substantial and unavoidable advertising that leads to favorable
attitudes about tobacco use.
Cigarette smoking is the leading preventable cause of death
in the United States. It is responsible for about 1 in 5 deaths
annually, or about 438,000 deaths per year according to CDC.
According to the Institute of Medicine, smoking-related deaths
account for more deaths than AIDS, alcohol, cocaine, heroin,
homicide, suicide, motor vehicle crashes, and fires combined.
Smoking harms nearly every organ of the body, causing many
diseases and reducing the health of smokers in general. Cancer,
the second leading cause of death, was among the first diseases
causally linked to smoking. Approximately 8.6 million Americans
suffer from chronic illnesses related to smoking. Smoking also
increases the prevalence of cardiovascular and respiratory
disease. Smokeless tobacco use has also negatively affected the
health of many Americans. According to the National Cancer
Institute, smokeless tobacco contains 28 carcinogens and
consumers of smokeless tobacco products increase their risk for
certain cancers, including oral cancer.
In addition to the lives lost to tobacco, the financial
losses amount to billions of dollars. CDC estimates that
cigarette smoking costsmore than $167.5 billion annually, based
on lost productivity ($92 billion) and healthcare expenditures ($75.5
billion).
The current lack of Government regulation has allowed the
tobacco industry to design new products or modify existing ones
in ways that increase their appeal to children and that
contribute to the risk and incidence of disease. Flavors and
product modification not only make the products more appealing
to youth, but often result in exposure to additional
carcinogens and other toxic constituents. The manipulation of
nicotine and other chemical levels increases addictiveness and
harm.
H.R. 1108 amends the Federal Food, Drug, and Cosmetic Act
(FFDCA) to grant the Food and Drug Administration (FDA) the
authority to regulate tobacco products. It allows the Secretary
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. The legislation also allows
the Secretary to take specified actions, including public
notification and recall, against unreasonably harmful products.
H.R. 1108 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
legislation 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).
Further, H.R. 1108 sets forth provisions regarding: (1)
judicial review, (2) coordination with the Federal Trade
Commission, (3) Congressional review of regulations, and (4)
State and local authority. The legislation also requires the
Secretary to establish a Tobacco Products Scientific Advisory
Committee.
Finally, H.R. 1108 amends the Federal Cigarette Labeling
and Advertising Act to change cigarette warning label and
advertising requirements. In addition, the legislation amends
the Comprehensive Smokeless Tobacco Health Education Act of
1986 to change smokeless tobacco warning label and advertising
requirements.
Legislative History
On February 15, 2007, H.R. 1108 was introduced by
Representative Waxman and referred to the Committee on Energy
and Commerce. On February 16, 2007, H.R. 1108 was referred to
the Subcommittee on Health.
On October 3, 2007, the Subcommittee on Health held a
hearing on H.R. 1108. The purpose of the hearing was to explore
ways to regulate tobacco to reduce its harm to health.
On March 6, 2008, the Subcommittee on Health met in an open
markup session and began consideration of H.R. 1108. On March
11, 2008, the Subcommittee met in an open markup session and
forwarded H.R. 1108 to the full Committee, amended, by a
rollcall vote: 18-9.
On April 2, 2008, the Committee on Energy and Commerce met
in an open markup session and H.R. 1108 was ordered favorably
reported, amended, by a rollcall vote: 38-12.
On July 17, 2008, H.R. 1108 was reported to the House,
amended, by the Committee on Energy and Commerce (H. Rept. 110-
762).
On July 30, 2008, H.R. 1108 passed the House, as amended,
under suspension of the rules by a rollcall vote: 326-102.
On July 31, 2008, H.R. 1108 was received in the Senate,
and, on August 1, 2008, the bill was referred to the Senate
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 1108 in the 110th
Congress.
EARLY HEARING DETECTION AND INTERVENTION ACT OF 2008
H.R. 1198
To amend the Public Health Service Act regarding early
detection, diagnosis, and treatment of hearing loss.
Summary
Each year in the United States, more than 12,000 babies are
born with hearing loss. Studies have shown that children who
have hearing loss can have delays in speech, language, and
cognitive development. H.R. 1198 reauthorizes the Early Hearing
Detection and Intervention (EHDI) program within the U.S.
Department of Health and Human Services (HHS). The original
legislation directed Federal agencies to work with States to
develop newborn infant hearing screening and early intervention
programs.
When the EHDI program was first implemented, 44 percent of
newborns were screened for hearing loss. Today, more than 93
percent of all newborns are screened, and each year there are
thousands of infants with hearing loss who benefit from early
identification. Despite the success of the EHDI program, much
work remains to be done. Many infants do not receive timely
follow-up and referrals due to shortages in properly trained
healthcare providers, limited access to early intervention
programs, and poor EHDI program integration with existing
public healthcare systems.
H.R. 1198 amends the Public Health Service Act (PHSA) to
require that the HHS Secretary, acting through the
Administrator of the Health Resources and Services
Administration (HRSA) assist in the recruitment, retention,
education, and training of qualified personnel and healthcare
providers; award grants/cooperative agreements to ensure prompt
evaluation and diagnosis of children referred from screening
programs and provide the appropriate educational, audiological,
and medical interventions for children identified with hearing
loss; assist in establishing and fostering family-to-family
support mechanisms; assist in the development of efficient
models to ensure that children who are identified with hearing
loss through screening are not lost to follow-up by a qualified
healthcare provider; and assist in ensuring an adequate supply
of qualified personnel to meet the screening, evaluation, and
early needs of children.
In addition, H.R. 1198 requires the Director of the
National Institutes of Health (NIH) to establish a postdoctoral
fellowship program to foster research and development in the
area of early hearing detection and intervention.
H.R. 1198 also amends the definition of ``early
intervention'' to require that families be given the
opportunity to obtain the full range of early intervention
services, educational and program placements, and other options
for their child from highly qualified providers.
Legislative History
On February 27, 2007, H.R. 1198 was introduced by
Representative Capps and referred to the Committee on Energy
and Commerce. On February 28, 2007, H.R. 1198 was referred to
the Subcommittee on Health.
On March 11, 2008, the Subcommittee on Health met in an
open markup session and forwarded the bill, amended, to the
full Committee, by a voice vote.
On March 13, 2008, the Committee on Energy and Commerce met
in an open markup session and H.R. 1198 was ordered favorably
reported, as amended, by a voice vote.
On April 8, 2008, the Committee on Energy and Commerce
reported H.R. 1198 to the House, amended (H. Rept. 110-565).
On April 8, 2008, H.R. 1198 passed the House, amended,
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
On April 9, 2008, H.R. 1198 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 1198 in the 110th
Congress.
CYTOLOGY PROFICIENCY IMPROVEMENT ACT OF 2008
H.R. 1237
To amend the Public Health Service Act to provide revised
standards for quality assurance in screening and evaluation of
gynecologic cytology preparations, and for other purposes.
Summary
In 2005, the Federal Government launched a program to begin
proficiency testing of pathologists and other laboratory
professionals who perform Pap tests. The program was designed,
however, using regulations written in 1992 to implement the
Clinical LaboratoryImprovement Amendments of 1988 (CLIA). In
the 13 years between the regulation and the program's start,
significant advancements in the science and practice of Pap tests have
been made.
H.R. 1237 recognizes the deficiencies in the current
program and would modernize the program's approach so that
diagnostic skills can be adequately assessed and improved
through mandated educational testing that reflects complex and
state-of-the-art practice.
H.R. 1237 amends the Public Health Service Act to require
the Secretary of Health and Human Services (HHS) to revise
national quality assurance standards to assure consistent
performance by laboratories of valid and reliable cytology
services. These include requirements that each clinical
laboratory ensure that all individuals involved in screening
and interpreting cytological preparations participate annually
in an approved continuing medical education (CME) program in
gynecologic cytology that provides each participant with
gynecologic cytological preparations designed to improve
locator, recognition, and interpretive skills; and maintain a
record of program results.
H.R. 1237 requires that the CME program be approved by the
Accrediting Council for Continuing Medical Education or the
American Academy of Continuing Medical Education. It also
requires the Secretary to terminate individual proficiency
testing that was in effect before enactment of this Act. In
addition, H.R. 1237 requires that the laboratory director
utilize CME testing results, along with other CLIA standards,
to evaluate the skills of a pathologist or cytotech in
interpreting Pap tests and, if necessary, take corrective
action to address performance issues. H.R. 1237 requires that
laboratory directors share CME results with the laboratory's
accrediting organization so that these results are used in
monitoring Pap test quality and taken into account during the
biannual inspection and accreditation of laboratories required
under CLIA.
Legislative History
On February 28, 2007, H.R. 1237 was introduced by
Representative Gordon and referred to the Committee on Energy
and Commerce. On March 1, 2007, H.R. 1237 was referred to the
Subcommittee on Health.
On March 11, 2008, the Subcommittee on Health met in an
open markup session and forwarded H.R. 1237 to the full
Committee, amended, by a voice vote.
On March 13, 2008, the Committee on Energy and Commerce met
in an open markup session and H.R. 1237 was ordered favorably
reported, as amended, by a voice vote.
On April 8, 2008, H.R. 1237 was reported to the House,
amended (H. Rept. 110-566). That same day, H.R. 1237 passed the
House, as amended, under suspension of the rules by a voice
vote, two-thirds having voted in favor.
On April 9, 2008, H.R. 1237 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 1237 in the 110th
Congress.
ARTHRITIS PREVENTION, CONTROL, AND CURE ACT OF 2008
H.R. 1283
To amend the Public Health Service Act to provide for
arthritis research and public health, and for other purposes.
Summary
Forty-six million Americans report that a doctor told them
they have arthritis or other rheumatic conditions. Arthritis is
the most common cause of disability in the United States,
limiting the activities of nearly 19 million adults. Arthritis
is not merely limited to adults, though. A new CDC study
estimates that 294,000 U.S. children under age 18 (or 1 in 250
children) have been diagnosed with arthritis or another
rheumatologic condition.
H.R. 1283 amends the Public Health Service Act to allow the
HHS Secretary to develop and implement a National Arthritis
Action Plan. As part of the plan, the HHS Secretary may
conduct, support, and promote the coordination of arthritis and
other rheumatic diseases research acting through the CDC
Director. The bill allows the Secretary to award grants to
support research related to the prevention and management of
arthritis. H.R. 1283 allows the HHS Secretary to coordinate a
national education and outreach program on arthritis and other
rheumatic diseases. The legislation states that the Secretary
may award grants to States to provide support for comprehensive
arthritis control and prevention programs.
H.R. 1283 states the Secretary, in coordination with the
Director of the National Institutes of Health, may expand and
intensify programs of the National Institutes of Health with
respect to research and related activities concerning various
forms of juvenile arthritis and related conditions. This
legislation allows the Secretary, acting through the CDC
Director, to award grants to support juvenile arthritis data
collection and to support the development of a national
juvenile arthritis population-based database.
In addition, H.R. 1283 requires the Secretary to promote
and support pediatric rheumatology training, including by
requiring the Secretary to establish a loan repayment program;
increasing the number and size of institutional training grants
awarded to institutions to support pediatric rheumatology
training; an expansion of public-private partnerships to
encourage academic institutions, private sector entities, and
health agencies to promote educational training and fellowship
opportunities for pediatric rheumatologists; and requiring the
Secretary to submit an annual report on the loan repayment
program.
Legislative History
On March 1, 2007, H.R. 1283 was introduced by
Representative Eshoo and referred to the Committee on Energy
and Commerce. On March 5, 2007, H.R. 1283 was referred to the
Subcommittee on Health.
On September 27, 2008, the Committee on Energy and Commerce
was discharged from further consideration of H.R. 1283.
On September 27, 2008, H.R. 1283 passed the House by
unanimous consent, and was received in the Senate the same day.
No further action was taken on H.R. 1283 in the 110th
Congress.
INDIAN HEALTH CARE IMPROVEMENT ACT AMENDMENTS OF 2007
(H.R. 1328, S. 1200)
To amend the Indian Health Care Improvement Act to revise
and extend that Act.
Summary
The United States has a longstanding trust responsibility
to provide healthcare services to American Indians and Alaskan
Natives and bears a duty to American Indians and Alaskan
Natives due to its unique relationship founded on history,
sovereignty, and culture. The Indian Health Care Improvement
Act (IHCIA) (PL 94-437), is considered to be the cornerstone
legal authority for the provision of health care to American
Indians and Alaskan Natives. IHCIA declared that elevating the
health status of the Indian population to a level at parity
with the general U.S. population was this Nation's policy and
public health interest.
IHCIA expired on September 30, 2000, and was extended
through 2001 in anticipation that Congress would consider the
reauthorization proposals pending in Congress. Authorization
for IHCIA programs ended in fiscal year (FY) 2001.
Since 2001, Congress has held hearings on the
reauthorization proposals, but legislative proposals to
reauthorize the Act have failed. As a result, IHCIA authorized
programs have remained substantially the same since their
creation in 1976. As a result of the failure to reauthorize
IHCIA, the quality of health care for American Indians has
stagnated and health disparities persist.
This legislation would amend the IHCIA to: (1) raise the
health status of Indians by 2010 to at least the levels set
forth in the goals of Health People 2010 or successor
objectives; and (2) allow Indians, to the greatest extent
possible, to set their own healthcare priorities and establish
goals that reflect their unmet needs. In addition, H.R. 1328
would amend the Social Security Act (SSA) title XVIII
(Medicare), SSA title XIX (Medicaid), and SSA XXI (State
Children's Health InsuranceProgram [SCHIP]) to conform to this
Act and would facilitate enrollment of American Indians and Alaskan
Natives in these programs, and payment of American Indian and Alaskan
Natives providers by these programs.
Legislative History
On March 6, 2007, H.R. 1328 was introduced by
Representative Pallone. It was referred to the Committee on
Natural Resources, and in addition to the Committees on Energy
and Commerce, and Ways and Means.
On June 7, 2007, H.R. 1328 was referred to the Subcommittee
on Health. That same day, the Subcommittee held a hearing on
the measure for the purpose of determining additional resources
necessary for the Indian tribes.
On November 7, 2007, the Subcommittee on Health met in an
open markup session forwarded H.R. 1328 to the full Committee,
amended, by a voice vote.
On April 4, 2008, the Committee on Natural Resources
reported H.R. 1328 to the House, amended (H. Rept. 110-564,
Part 1). The Committee on Energy and Commerce and the Committee
on Ways and Means were each granted extensions to consider the
legislation ending no later than June 6, 2008.
On June 6, 2008, the Committee on Energy and Commerce and
the Committee on Ways and Means were each discharged from
further consideration of H.R. 1328. H.R. 1328 was then placed
on the Union Calendar.
No further action was taken on H.R. 1328 in the 110th
Congress.
S. 1200, a related measure, was introduced on April 24,
2007, by Senator Dorgan and referred to the Senate Committee on
Indian Affairs.
On October 16, 2007, S. 1200 was reported to the Senate (S.
Rept. 110-197) and placed on the Senate Legislative Calendar.
On February 26, 2008, S. 1200 passed the Senate, amended,
by a rollcall vote: 83-10.
On February 28, 2008, S. 1200 was received in the House and
referred to the Committee on Natural Resources and in addition,
the Committee on Energy and Commerce and the Committee on Ways
and Means.
No further action was taken on S. 1200 in the 110th
Congress.
STOP TUBERCULOSIS (TB) NOW ACT OF 2007
H.R. 1567
To amend the Foreign Assistance Act of 1961 to provide
increased assistance for the prevention, treatment, and control
of tuberculosis, and for other purposes.
Summary
H.R. 1567 amends the Foreign Assistance Act of 1961 to
require the President to furnish assistance for tuberculosis
(TB) prevention, treatment, and elimination. In addition, H.R.
1567 gives priority to activities described in the Stop TB
Strategy (as defined by this Act) and authorizes the President,
acting through the Administrator of the United States Agency
for International Development (USAID), to provide increased
resources to the World Health Organization (WHO) and the Stop
Tuberculosis Partnership to improve the capacity of countries
with high TB rates and other affected countries to implement
the Stop TB Strategy and specific strategies related to
addressing drug resistant tuberculosis. H.R. 1567 authorizes
FY2008-FY2009 appropriations for the President to carry
activities to combat tuberculosis and set-asides from such
amounts for global tuberculosis activities by the Centers for
Disease Control and Prevention (CDC).
Legislative History
On March 19, 2007, H.R. 1576 was introduced by
Representative Engel. It was 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 March 20, 2007, H.R. 1567 was referred to the
Subcommittee on Health.
On October 15, 2007, H.R. 1567 was reported to the House,
amended, by the Committee on Foreign Affairs (H. Rept. 110-381,
Part 1). The Committee on Energy and Commerce was discharged
from further consideration of the measure.
On November 5, 2007, H.R. 1567 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
On November 6, 2007, H.R. 1567 was received in the Senate,
read twice, and placed on the Senate Legislative Calendar under
General Orders, Calendar No. 472.
No further action was taken on H.R. 1567 in the 110th
Congress.
TORTURE VICTIMS RELIEF REAUTHORIZATION ACT OF 2007
H.R. 1678
To amend the Torture Victims Relief Act of 1998 to
authorize appropriations to provide assistance for domestic and
foreign programs and centers for the treatment of victims of
torture, and for other purposes.
Summary
H.R. 1678 amends the Torture Victims Relief Act of 1998 to
authorize appropriations for FY2008-FY2009 to the Department of
Health and Human Services (HHS) to provide grants to programs
in the United States to cover the costs of services provided by
domestic treatment centers in the rehabilitation of victims of
torture, social and legal services, and research and training
of health care providers outside of treatment centers. The
appropriations also cover grants to treatment centers and
programs in foreign countries that carry out projects and
activities specifically designed to treat victims of torture,
and the United Nations Voluntary Fund for Victims of Torture.
Legislative History
On March 26, 2007, H.R. 1678 was introduced by
Representative Smith. It was 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 March, 27, 2007, H.R. 1678 was referred to the
Subcommittee on Health.
On April 20, 2007, H.R. 1678 was reported to the House by
the Committee on Foreign Affairs (H. Rept. 110-103). The
Committee on Energy and Commerce was discharged from further
consideration of the measure.
On April 25, 2007, H.R. 1678 passed the House under
suspension of the rules by a rollcall vote: 418-7.
On April 26, 2007, H.R. 1678 was received in the Senate,
read twice and referred to the Senate Committee on Foreign
Relations.
On October 9, 2007, H.R. 1678 was reported to the Senate
without amendment (S. Rept. 110-194). H.R. 1678 was placed on
Senate Legislative Calendar under General Orders, Calendar No.
416.
No further action was taken on H.R. 1678 in the 110th
Congress.
CHRISTOPHER AND DANA REEVE PARALYSIS ACT
(H.R. 1727)
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, and for
other purposes.
Summary
It is estimated that a quarter of a million Americans are
currently living with spinal cord injuries and approximately 4
to 5 million Americans are living with paralysis of the
extremities. There are an estimated 10,000 to 12,000 spinal
cord injuries every year in the United States.
H.R. 1727 states that the Director of the National
Institutes of Health (NIH) may develop mechanisms to coordinate
the paralysis research and rehabilitation activities of the
Institutes and Centers of NIH in order to further advance such
activities and avoid duplication of activities. H.R. 1727
permits 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 and requires that the
Director shall designate each consortium, funded through such
grants, as a Christopher and Dana Reeve Paralysis Research
Consortium. This legislation permits the Secretary of Health
and Human Services (HHS) 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. H.R. 1727 permits the Secretary to award grants for
activities related to paralysis, including to: (1) establish
paralysis registries, and (2) disseminate information to the
public.
Legislative History
On March 28, 2007, H.R. 1727 was introduced by
Representative Baldwin and referred to the Committee on Energy
and Commerce. On March 29, 2007, H.R. 1727 was referred to the
Subcommittee on Health.
On September 27, 2007, the Subcommittee on Health was
discharged from further consideration of H.R. 1727.
On September 27, 2007, the Committee met in an open markup
session and H.R. 1727 was ordered favorably reported, amended,
by a voice vote.
On October 15, 2007, H.R. 1727 was reported to the House,
amended (H. Rept. 110-378).
On October 15, 2007, H.R. 1727 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
On October 16, 2007, H.R. 1727 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 1727 in the 110th
Congress.
FOOD ALLERGY AND ANAPHALAXIS MANAGEMENT ACT OF 2008
H.R. 2063
To direct the Secretary of Health and Human Services, in
consultation with the Secretary of Education, to develop a
voluntary policy for managing the risk of food allergy and
anaphylaxis in schools.
Summary
Each year, millions of Americans have allergic reactions to
food. Although most food allergies cause relatively mild and
minor symptoms, some food allergies can cause severe, even
life-threatening, reactions. Following ingestion of food
allergens, a person with food allergies may experience a
severe, life-threatening allergic reaction called anaphylaxis.
This can lead to a number of symptoms, including tingling
sensation in the mouth; swelling of the tongue and throat;
difficulty breathing; hives; vomiting; abdominal cramps;
diarrhea; drop in blood pressure; loss of consciousness; and
death.
There is no cure for food allergies. Strict avoidance of
food allergens--and early recognition and management of
allergic reactions to food--are important measures to prevent
serious health consequences since food allergies can be life
threatening. The risk of an allergic student's accidental
exposure to foods can be reduced in the school setting if
schools work with students, parents, and physicians to minimize
risks and provide a safe educational environment for food-
allergic students.
H.R. 2063 directs the Secretary of HHS, in consultation
with the Secretary of Education, to develop a voluntary risk-
management policy for food allergy and anaphylaxis in schools
and to make such policy available to local educational agencies
and other interested parties. It directs that such policy
address: a parental obligation to provide the school with
information regarding a student's food allergy and risk of
anaphylaxis; creation of an individual healthcare plan tailored
to each student with a documented risk for anaphylaxis;
communication strategies between schools and emergency medical
services; strategies to reduce the risk of exposure in
classrooms and common areas; food allergy management training
of school personnel; and authorization and training of school
personnel to administer epinephrine if the school nurse is not
immediately available.
H.R. 2063 also specifies that State law is not preempted,
either by the Act or by such policy, including any State law
regarding self-administered medication for students at risk of
anaphylaxis.
Legislative History
On April 26, 2007, H.R. 2063 was introduced by
Representative Lowey. It was referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Education and Labor, 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 30, 2007, H.R. 2063 was referred to the
Subcommittee on Health.
On March 11, 2008, the Subcommittee on Health met in an
open markup session and forwarded H.R. 2063 to the full
Committee, amended, by a voice vote.
On March 13, 2008, the Committee on Energy and Commerce met
in an open markup session and H.R. 2063 was ordered favorably
reported, as amended, by a voice vote.
On April 8, 2008, H.R. 2063 was reported to the House,
amended, by the Committee on Energy and Commerce (H. Rept. 110-
571, Part 1). The Committee on Education and Labor was
discharged from further consideration of the measure.
On April 8, 2008, H.R. 2063 passed the House, as amended,
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
On April 9, 2008, H.R. 2063 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 2063 in the 110th
Congress.
WAKEFIELD ACT
(H.R. 2464)
To amend the Public Health Service Act to provide a means
for continued improvement in emergency medical services for
children.
Summary
Although Early Emergency Medical Services (EMS) systems and
hospital emergency departments are widely assumed to be equally
capable of caring for children and adults, in fact, in many EMS
systems, children's needs have been overlooked as services were
developed for adult trauma and cardiac patients.
H.R. 2464 reauthorizes the Emergency Medical Services for
Children (EMSC) program within the U.S. Department of Health
and Human Services (HHS). The EMSC program began in 1984 and is
designed to ensure state-of-the-art emergency medical care for
ill or injured children and adolescents. It covers the entire
spectrum of emergency medical care. The EMSC program provides
grants to States to improve existing EMS systems and to schools
of medicine to develop and evaluate improved procedures and
protocols for treating children.
Since its establishment more than 20 years ago, the EMSC
program has driven major improvements in emergency care for
children. Injury-related deaths among children have dropped by
40 percent over that period. Enormous strides have been made in
areas such as ensuring that all ambulances carry appropriate
pediatric equipment and supplies, establishing transfer
protocols to assure that severely injured children are sent to
the facilities best able to care for them, and collecting and
analyzing data on pediatric emergency care to inform future
efforts towards improvement.
Although much progress has been achieved, more remains to
be done. H.R. 2464 amends the PHSA to extend by one year the
length of time for which a grant may be awarded under the EMSC
program. Inaddition, H.R. 2464 requires that the HHS Secretary
support emergency medical services for children by supporting projects
that: develop and present scientific evidence; promote existing
innovative technologies appropriate for the care of children; and
provide information on health outcomes, effectiveness, and cost-
effectiveness. H.R. 2464 directs that such projects strive to enhance
the pediatric capability of emergency medical service systems; and be
coordinated with all research, evaluations, and awards undertaken by
the Federal Government related to emergency medical services for
children.
Legislative History
On May 23, 2007, H.R. 2464 was introduced by Representative
Matheson and referred to the Committee on Energy and Commerce.
On May 23, 2007, H.R. 2464 was referred to the Subcommittee on
Health.
On March 11, 2008, the Subcommittee on Health met in an
open markup session and forwarded H.R. 2464 to the full
Committee, amended, by a voice vote.
On March 13, 2008, the Committee on Energy and Commerce met
in an open markup session and H.R. 2464 was ordered favorably
reported, as amended, by a voice vote.
On April 8, 2008, H.R. 2464 was reported to the House (H.
Rept. 110-568) and placed on the Union Calendar, Calendar No.
350.
On April 8, 2008, H.R. 2464 passed the House, as amended,
under suspension of the rules by a rollcall vote: 390-1.
On April 9, 2008, H.R. 2464 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 2464 in the 110th
Congress.
PHYSICIAN WORKFORCE ENHANCEMENT ACT OF 2008
H.R. 2583
To amend title VII of the Public Health Service Act to
establish a loan program for eligible hospitals to establish
residency training programs.
Summary
Recent trends in the physician workforce demonstrate that
the growth in the physician workforce is not keeping pace with
general population growth. Certain areas of practice, including
primary care and pediatrics, are expected to have more critical
shortages in the future. In 2006, the American College of
Physicians released a report entitled `The Impending Collapse
of Primary Care Medicine and Its Implications for the State of
the Nation's Health Care.' According to that report, as the
demand has grown for primary care due to growth in the number
of people with chronic diseases and long-term care needs of an
aging population, there has been a decline in the number of
medical students and training opportunities for primary care.
This problem will only be further exacerbated by the decline of
the physician workforce in years to come.
Residency training programs are an integral way to attract
physicians, particularly in hard-to-serve areas such as rural
areas. In the 16th report of the Council of Graduate Medical
Education, entitled, `Physician Workforce Policy Guidelines for
the United States, 2000-2020,' the Council recommended that the
number of physicians entering residency training each year
should be increased to 27,000 by 2015 to meet projected demand
of medical services. The Council recommends a multifaceted
approach to achieve this increase, and one important part of
that plan is to facilitate a modest increase in medical
education and training capacity over the next decade.
H. R. 2583 amends the Public Health Service Act to
establish a loan program for public or non-profit hospitals to
establish residency training programs in allopathic and
osteopathic medicine, with a preference for hospitals located
in rural areas. The list of eligible professions includes
family medicine, internal medicine, obstetrics or gynecology,
behavioral or mental health, and pediatrics. H.R. 2583
establishes the date to commence repayment as 18 months, the
repayment period as 24 months, and loan limits of $250,000. In
addition, H.R. 2583 allows the Secretary to collect interest
together with any other penalties on defaulted loans and
authorizes appropriations for this program from FY09 to FY13.
Legislative History
On June 6, 2007, H.R. 2583 was introduced by
Representative. Burgess and referred to the Committee on Energy
and Commerce. That same day, the measure was referred to the
Subcommittee on Health.
On September 17, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 2583 was ordered
favorably reported, amended, by a voice vote.
On September 23, 2008, the Committee on Energy and Commerce
reported H.R. 2583 to the House, amended (H. Rept. 110-872).
On September 23, 2008, H.R. 2583 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
On September 25, 2008, H.R. 2583 was received in the
Senate. On October 2, 2008, H.R. 2583 was read twice and
referred to the Senate Committee on Health, Education, Labor
and Pensions.
No further action was taken on H.R. 2583 in the 110th
Congress.
NATIONAL PAIN CARE POLICY ACT OF 2007
H.R. 2994
To amend the Public Health Service Act with respect to pain
care.
Summary
Pain is the most common reason Americans access the health
care system and is a leading cause of disability and major
contributor to health care costs. The National Center for
Health Statistics estimates that 76.2 million, or one in every
four Americans, have suffered from pain that lasts longer than
24 hours and millions more suffer from acute pain. Most painful
conditions can be relieved with proper treatment, and providing
adequate pain management is a crucial component of improving
and maintaining quality of life for patients, survivors, and
their loved ones. People in pain, however, often face
significant barriers that can prevent proper assessment,
diagnosis, treatment, and management of their pain. Left
untreated, pain can decrease the quality of life and affect
every aspect of daily living, including work, sleep, and social
relations.
H.R. 2994 requires the HHS Secretary to enter into an
agreement with the IOM of the National Academies to convene a
Conference on Pain and write a report summarizing the
conclusions of the Conference. The purpose of the Conference
shall be to increase the recognition of pain as a significant
public health problem in the United States; evaluate the
adequacy of assessment, diagnosis, treatment, and management of
acute and chronic pain in the general population; identify
racial, ethnic, gender, age, and other demographic groups that
may be disproportionately affected by inadequacies in the
system; identify barriers to appropriate pain care; and
establish an agenda for action in both the public and private
sectors that will reduce such barriers and significantly
improve the state of pain care research, education, and
clinical care in the United States.
This legislation encourages the NIH Director, through the
Pain Consortium, to aggressively expand research on the causes
of and potential treatments for pain. In addition, the bill
requires the Pain Consortium, or another entity the Director
deems appropriate, to provide recommendations on pain research
initiatives that could be funded through the Common Fund.
H.R. 2994 also creates an Interagency Coordinating
Committee charged with identifying critical gaps in pain
research. It also provides authorization for a grant program to
provide education and training to health care professionals in
pain care. Finally, H.R. 2994 requires that the Secretary
establish and implement a national pain care education outreach
and awareness campaign. The Secretary shall then prepare and
submit a report to Congress evaluating the effectiveness of the
public awareness campaign in educating the general public.
Legislative History
On July 11, 2007, H.R. 2994 was introduced by
Representative Capps and referred to the Committee on Energy
and Commerce. That same day, H.R. 2994 was referred to the
Subcommittee on Health.
On September 17, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 2994 was ordered
favorably reported, amended, by a voice vote.
On September 23, 2008, H.R. 2994 was reported to the House,
amended (H. Rept. 110-871).
On September 24, 2008, H.R. 2994 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
On September 25, 2008, H.R. 2994 was received in the
Senate.
On October 2, 2008, H.R. 2994 was read twice and referred
to the Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2994 in the 110th
Congress.
THE TOM LANTOS PULMONARY HYPERTENSION RESEARCH AND EDUCATION ACT OF
2008
H.R. 6568
To direct the Secretary of Health and Human Services to
encourage research and carry out an educational campaign with
respect to pulmonary hypertension, and for other purposes.
Summary
Pulmonary hypertension (PH) is increased pressure in the
pulmonary arteries. These arteries carry blood from the heart
to the lungs to pick up oxygen. PH causes symptoms such as
shortness of breath during routine activity, tiredness, chest
pain, and a racing heartbeat. As the disease worsens, its
symptoms may limit all physical activity. PH has no cure, but
research for new treatments is ongoing. The earlier PH is
treated, the easier it is to control.
H.R. 6568 includes a sense of Congress that the Secretary
of Health and Human Services, acting through the Director of
the National Institutes of Health and the Director of the
National Heart, Lung, and Blood Institute should continue
aggressive work on pulmonary hypertension. H.R. 6568 requires
that NIH's biennial report to Congress include information on
the status of pulmonary hypertension research at NIH.
H.R. 6568 also requires the HHS Secretary, acting through
the Director of the Centers for Disease Control and Prevention
(CDC), to carry out an educational campaign to increase public
awareness of pulmonary hypertension. The bill also requires the
HHS Secretary, acting through the Administrator of the Health
Resources and Services Administration and the CDC Director, to
carry out an educational campaign to increase awareness of
pulmonary hypertension among health care providers.
Finally, H.R. 6568 requires the Comptroller General of the
United States to conduct a study on the coverage standards that
apply to patients with pulmonary hypertension and submit a
description of the study's findings to the Congress by
September 30, 2009.
Legislative History
On July 22, 2008, H.R. 6568 was introduced by
Representative Brady. It was referred to the Committee on
Energy and Commerce, and in addition to the Committee on 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.
On September 23, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 6568 was ordered
favorably reported by a voice vote.
On September 25, 2008, H.R. 6568 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
On September 26, H.R. 6568 was received in the Senate.
No further action was taken on H.R. 6568 in the 110th
Congress.
METH FREE FAMILIES AND COMMUNITIES ACT
H.R. 6901
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, to improve the
prevention and treatment of methamphetamine addiction, and for
other purposes.
Summary
Methamphetamine is a powerful and addictive central nervous
system stimulant used to treat a limited number of medical
conditions, including narcolepsy, attention deficit disorder/
attention deficit/hyperactivity disorder (ADD/ADHD), and
obesity. Methamphetamine use can cause convulsions, stroke,
cardiac arrhythmia, and hyperthermia. Chronic use can lead to
irreversible brain and heart damage, psychotic behavior
including paranoid ideation, visual and auditory
hallucinations, and rages and violence.
According to the Substance Abuse and Mental Health Services
Administration (SAMHSA), illicit methamphetamine production and
use are longstanding and severe problems throughout the
country, and there are indications that abuse may be spreading.
The National Institute of Justice states that methamphetamine
use has spread to every State.
Over the past 30 years, Congress has passed legislation
designed to address the problem of illicit methamphetamine
abuse and its production in clandestine labs, including
legislation to regulate methamphetamine precursor chemicals,
enhanced penalties for drug trafficking, and increased funding
for methamphetamine-specific law enforcement programs. Recent
congressional concern about the spreading use of
methamphetamine fueled much of the legislative debate during
the 109th Congress, culminating in the passage of the Combat
Methamphetamine Epidemic Act of 2005.
H.R. 6901 amends the Public Health Service Act to improve
prevention and treatment programs for methamphetamine addition.
Further, the legislation: requires the Center for Substance
Abuse Treatment Director to collaborate with professionals in
the addiction field and health care providers on recognizing
the signs of methamphetamine addiction and recognizing
vulnerable populations for purposes of preventing and treating
such addiction; expands the residential substance abuse
treatment grant program to provide to pregnant and postpartum
women access to substance abuse treatment; requires the HHS
Secretary to expand, intensify, and coordinate efforts to
provide treatment for methamphetamine addiction to pregnant and
parenting women.
In addition, H.R. 6901 gives priority in awarding grants
under this Act to any entity that agrees to use the award for
programs serving an area that: is a rural area, an area with a
shortage of mental health professionals, or an area with a
shortage of family-based substance abuse treatment options; and
has high rates of addiction to methamphetamine or other drugs.
H.R. 6901 also requires the Clearinghouse Director to
provide information and educational materials to employers and
employees about drug testing policies and programs; and expands
grants for the prevention of methamphetamine and inhalant abuse
and addiction to public and nonprofit entities who seek to
develop student-driven, adult-supervised methamphetamine
awareness projects.
Legislative History
On September 15, 2008, H.R. 6901 was introduced by
Representative Hooley and referred to the Committee on Energy
and Commerce.
On September 17, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 6901 was ordered
favorably reported by a voice vote.
On September 23, 2008, H.R. 6901 was considered under
suspension of the rules and on September 25, 2008, H.R. 6901
passed the House by a voice vote, two-thirds having voted in
favor thereof.
On September 26, 2008, H.R. 6901 was received in the
Senate.
No further action was taken on H.R. 6901 in the 110th
Congress.
SUPPORTING THE GOALS AND IDEALS OF NATIONAL BLACK HIV/AIDS AWARENESS
DAY
(H. Con. Res. 35)
Supporting the goals and ideals of National Black HIV/AIDS Awareness
Day
Summary
H. Con. Res. 35 supports the goals and ideals of National
Black HIV/AIDS Awareness Day as February 7 and recognizes the
seventh anniversary of this commemoration. It also supports
full and equitable funding for the Ryan White HIV/AIDS
Treatment Modernization Act of 2006 and applauds the
codification of the Minority AIDS Initiative within the
reauthorization of the Ryan White CARE Act.
Legislative History
On January 18, 2007, H. Con. Res. 35 was introduced by
Representative Lee and referred to the Committee on Energy and
Commerce. On February 2, 2007, H. Con. Res. 35 was referred to
the Subcommittee on Health.
On February 5, 2007, H. Con. Res. 35 passed the House, as
amended, under suspension of the rules by a rollcall vote: 396-
0.
On February 6, 2007, H. Con. Res. 35 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. 35 in the 110th
Congress.
SUPPORTING THE GOALS AND IDEALS OF AMERICAN HEART MONTH
(H. Con. Res. 52)
Summary
H. Con. Res. 52 supports the goals and ideals of American
Heart Month during February. It also recognizes and reaffirms
our Nation's commitment to fighting heart disease by promoting
awareness about its causes, risks, and prevention and by
promoting new education programs, supporting research, and
expanding access to medical treatment.
Legislative History
On January 31, 2007, H. Con. Res. 52 was introduced by
Representative Millender-McDonald and referred to the Committee
on Energy and Commerce. On February 2, 2007, H. Con. Res. 52
was referred to the Subcommittee on Health.
On February 27, 2007, H. Con. Res. 52 was considered in the
House under suspension of the rules. The yeas and nays were
ordered and further proceedings on the motion were postponed.
On February 28, 2007, H. Con. Res. 52 was considered as
unfinished business and passed the House by rollcall vote: 412-
0.
On March 1, 2007, H. Con. Res. 52 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. 52 in the 110th
Congress.
EXPRESSING THE SENSE OF THE CONGRESS REGARDING THE NEED FOR ADDITIONAL
RESEARCH INTO THE CHRONIC NEUROLOGICAL CONDITION HYDROCEPHALUS, AND FOR
OTHER PURPOSES
(H. Con. Res. 74)
Summary
H. Con. Res. 74 commends the Director of the National
Institutes of Health (NIH) for working with leading scientists
and researchers to organize the first-ever NIH conference on
hydrocephalus (a neurological condition characterized by the
abnormal buildup of cerebrospinal fluids in the ventricles of
the brain). It also urges the Director to continue the current
collaboration with respect to hydrocephalus among national
research institutes.
Legislative History
On February 16, 2007, H. Con. Res. 74 was introduced by
Representative Mike Thompson and referred to the Committee on
Energy and Commerce. On February 27, 2007, H. Con. Res. 74 was
referred to the Subcommittee on Health.
On February 27, 2007, H. Con. Res. 74 passed the House
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
On February 28, 2007, H. Con. Res. 74 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. 74 in the 110th
Congress.
SUPPORTING THE GOALS AND IDEALS OF A LONG-TERM CARE AWARENESS WEEK
(H. Con. Res. 133)
Summary
H. Con. Res. 133 supports the goals and ideals of a Long-
Term Care Awareness Week from November 4th to November 10th. It
also encourages the Secretary of Health and Human Services to
continue working to educate people in the United States about
long-term care.
Legislative History
On April 26, 2007, H. Con. Res. 133 was introduced by
Representative Herseth Sandlin and referred to the Committee on
Energy and Commerce. On April 30, 2007, H. Con. Res. 133 was
referred to the Subcommittee on Health.
On October 15, 2007, H. Con. Res. 133 passed the House
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
On October 16, 2007, H. Con. Res. 133 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. 133 in the
110th Congress.
EXPRESSING THE SENSE OF THE CONGRESS THAT THERE SHOULD BE ESTABLISHED A
BEBE MOORE CAMPBELL NATIONAL MINORITY MENTAL HEALTH AWARENESS MONTH TO
ENHANCE PUBLIC AWARENESS OF MENTAL ILLNESS, ESPECIALLY WITHIN MINORITY
COMMUNITIES
(H. Con. Res. 134)
Summary
H. Con. Res. 134 expresses the sense of Congress that July
is an appropriate month to designate Bebe Moore Campbell
National Minority Mental Health Awareness Month to enhance
public awareness of mental illness and mental illness among
minorities. It also states there is an important need for
improved access to care, treatment, and services for those
diagnosed with severe and persistent mental health disorders.
Legislative History
On April 30, 2007, H. Con. Res. 134 was introduced by
Representative Wynn and referred to the Committee on Energy and
Commerce. On April 30, 2007, H. Con. Res. 134 was referred to
the Subcommittee on Health.
On May 19, 2008, H. Con. Res. 134 was considered in the
House under suspension of the rules. Objection was heard
regarding the presence of a quorum; further proceedings on the
motion were postponed.
On May 21, 2008, H. Con. Res. 134 was considered as
unfinished business and passed the House, as amended, by a
voice vote, two-thirds having voted in favor.
On June 2, 2008, H. Con. Res. 134 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. 134 in the
110th Congress.
EXPRESSING THE SENSE OF CONGRESS IN SUPPORT OF FURTHER RESEARCH AND
ACTIVITIES TO INCREASE PUBLIC AWARENESS, PROFESSIONAL EDUCATION,
DIAGNOSIS, AND TREATMENT OF DANDY-WALKER SYNDROME AND HYDROCEPHALUS
(H. Con. Res. 163)
Summary
H. Con. Res. 163 expresses the sense of Congress that the
Director of the National Institutes of Health should continue
the current collaboration of agencies with respect to Dandy-
Walker syndrome. It also urges further research into the
epidemiology, diagnosis, pathophysiology, disease burden, and
improved treatment of Dandy-Walker syndrome and hydrocephalus.
Finally, it calls for greater public awareness and professional
education regarding Dandy-Walker syndrome.
Legislative History
On May 24, 2007, H. Con. Res. 163 was introduced by
Representative Wilson and referred to the Committee on Energy
and Commerce. On May 24, 2007, H. Con. Res. 163 was referred to
the Subcommittee on Health.
On June 24, 2008, H. Con. Res. 163 was considered in the
House under suspension of the rules. Objection was heard
regarding the presence of a quorum; further proceedings on the
motion were postponed.
On June 26, 2008, H. Con. Res. 163 was considered as
unfinished business and passed the House, as amended, by a
voice vote, two-thirds having voted in favor.
On June 27, 2008, H. Con. Res. 163 was received in the
Senate and referred to the Committee on Health, Education,
Labor, and Pensions.
On September 22, 2008, the Senate agreed to H. Con. Res.
163 by unanimous consent.
RECOGNIZING THE NEED TO PURSUE RESEARCH INTO THE CAUSES, A TREATMENT,
AND AN EVENTUAL CURE FOR IDIOPATHIC PULMONARY FIBROSIS, SUPPORTING THE
GOALS AND IDEALS OF NATIONAL IDIOPATHIC PULMONARY FIBROSIS AWARENESS
WEEK, AND FOR OTHER PURPOSES
(H. Con. Res. 182)
Summary
H. Con. Res. 182 recognizes the need to pursue research
into the causes, a treatment, and an eventual cure for
idiopathic pulmonary fibrosis. It also supports the work of
advocates and organizations in educating, supporting, and
providing hope for individuals who suffer from idiopathic
pulmonary fibrosis. Finally, it supports the goals and ideals
of a National Idiopathic Pulmonary Fibrosis Awareness Week.
Legislative History
On July 12, 2007, H. Con. Res. 182 was introduced by
Representative Deal and referred to the Committee on Energy and
Commerce. That same day, H. Con. Res. 182 was referred to the
Subcommittee on Health.
On October 15, 2007, H. Con. Res. 182 was considered in the
House under suspension of the rules. The yeas and nays were
demanded and further proceedings on the motion were postponed.
On October 16, 2007, H. Con. Res. 182 was considered as
unfinished business and passed the House by a rollcall vote:
414-0.
On October 17, 2007, H. Con. Res. 182 was received in the
Senate, considered, and agreed to by unanimous consent.
SUPPORTING THE OBSERVANCE OF BREAST CANCER AWARENESS MONTH, AND FOR
OTHER PURPOSES
(H. Con. Res. 230)
Summary
H. Con. Res. 230 supports the observance of Breast Cancer
Awareness Month in order to provide a special opportunity to
offer education on the importance of monthly breast self-
examinations and annual mammograms. It also commends breast
cancer survivors and the efforts of professionals and community
organizations that work to combat breast cancer.
Legislative History
On October 10, 2007, H. Con. Res. 230 was introduced by
Representative Brown-Waite and referred to the Committee on
Energy and Commerce. That same day, H. Con. Res. 230 was
referred to the Subcommittee on Health.
On October 29, 2007, H. Con. Res. 230 passed the House
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
On October 30, 2007, H. Con. Res. 230 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. 230 in the
110th Congress.
EXPRESSING SUPPORT FOR THE DESIGNATION OF AUGUST 2008 AS NATIONAL HEAT
STROKE AWARENESS MONTH TO RAISE AWARENESS AND ENCOURAGE PREVENTION OF
HEAT STROKE
(H. Con. Res. 296)
Summary
H. Con. Res. 296 supports the designation of August 2008 as
National Heat Stroke Awareness Month to provide an opportunity
to educate the people of the United States about heat stroke.
Legislative History
On February 13, 2008, H. Con. Res. 296 was introduced by
Representative Boozman and referred to the Committee on Energy
and Commerce. That same day, H. Con. Res. 296 was referred to
the Subcommittee on Health.
On July 30, 2008, H. Con. Res. 296 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
On August 1, 2008, H. Con. Res. 296 was received in the
Senate and referred to the Committee on Health, Education,
Labor, and Pensions.
On September 22, 2008, H. Con. Res. 296 passed the Senate
by unanimous consent.
SUPPORTING THE GOALS AND IDEALS OF NATIONAL CYSTIC FIBROSIS AWARENESS
MONTH
(H. Con. Res. 299)
Summary
H. Con. Res. 299 honors the goals and ideals of National
Cystic Fibrosis Awareness Month during May. It also promotes
public awareness and understanding of cystic fibrosis. Finally,
it urges support for research to find a cure for cystic
fibrosis by fostering enhanced research programs and expanded
public-private partnerships.
Legislative History
On February 14, 2008, H. Con. Res. 299 was introduced by
Representative Markey and referred to the Committee on Energy
and Commerce. That same day, H. Con. Res. 299 was referred to
the Subcommittee on Health.
On July 15, 2008, H. Con. Res. 299 passed the House, as
amended under suspension of the rules by a voice vote, two-
thirds having voted in favor.
On July 16, 2008, H. Con. Res. 299 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. 230 in the
110th Congress.
SUPPORTING THE OBSERVANCE OF COLORECTAL CANCER AWARENESS MONTH, AND FOR
OTHER PURPOSES
(H. Con. Res. 302)
Summary
H. Con. Res. 302 supports the observance of Colorectal
Cancer Awareness Month during March in order to provide a
special opportunity to offer education on the importance of
early detection and screening. It also encourages organizations
and health care practitioners to earn a blue star by supporting
early identification and removal of pre-cancerous polyps.
Legislative History
On February 25, 2008, H. Con. Res. 302 was introduced by
Representative Granger and referred to the Committee on Energy
and Commerce. That same day, H. Con. Res. 302 was referred to
the Subcommittee on Health.
On March 31, 2008, H. Con. Res. 302 passed the House under
suspension of the rules by a rollcall vote: 371-0.
On April 1, 2008, H. Con. Res. 302 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. 302 in the
110th Congress.
EXPRESSING CONGRESSIONAL SUPPORT FOR THE GOALS AND IDEALS OF NATIONAL
HEALTH CARE DECISIONS DAY
(H. Con. Res. 323)
Summary
H. Con. Res. 323 supports the goals and ideals of National
Health Care Decision Day on April 16, 2008. It also encourages
those 18 years of age and older to prepare advance directives.
Legislative History
On April 8, 2008, H. Con. Res. 323 was introduced by
Representative Gingrey and referred to the Committee on Energy
and Commerce. On April 9, 2008, H. Con. Res. 323 was referred
to the Subcommittee on Health.
On April 22, 2008, H. Con. Res. 323 passed the House under
suspension of the rules by a voice vote, two-thirds having
voted in favor.
On April 23, 2008, H. Con. Res. 323 was received in the
Senate and placed on the Senate Legislative Calendar under
General Orders--Calendar No. 713.
No further action was taken on H. Con. Res. 323 in the
110th Congress.
SUPPORTING THE GOALS AND IDEALS OF NATIONAL WOMEN'S HEALTH WEEK, AND
FOR OTHER PURPOSES
(H. Con. Res. 331)
Summary
H. Con. Res. 331 supports the goals and ideals of National
Women's Health Week from May 11 through May 17. It also
recognizes the importance of federally funded programs that
provide research and collect data on common diseases in women.
Legislative History
On April 17, 2008, H. Con. Res. 331 was introduced by
Representative Hinchey and referred to the Committee on Energy
and Commerce. That same day, H. Con. Res. 331 was referred to
the Subcommittee on Health.
On May 14, 2008, H. Con. Res. 331 passed the House under
suspension of the rules by a voice vote, two-thirds having
voted in favor.
On May 19, 2008, H. Con. Res. 331 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. 331 in the
110th Congress.
SUPPORTING THE GOALS AND IDEALS OF NATIONAL SUDDEN CARDIAC ARREST
AWARENESS MONTH
(H. Con. Res. 393)
Summary
H. Con. Res. 393 supports the goals and ideals of
``National Sudden Cardiac Arrest Awareness Month'' during
October. It also supports efforts to educate people about
sudden cardiac arrest and to raise awareness about the risk of
sudden cardiac arrest, identifying warning signs, and the need
to seek medical attention in a timely manner.
Legislative History
On July 22, 2008, H. Con. Res. 393 was introduced by
Representative Pickering and referred to the Committee on
Energy and Commerce. That same day, H. Con. Res. 393 was
referred to the Subcommittee on Health.
On September 23, 2008, H. Con. Res. 393 was considered in
the House under suspension of the rules. Objection was heard
regarding the presence of a quorum; further proceedings on the
motion were postponed.
On September 25, 2008, H. Con. Res. 393 was considered as
unfinished business and passed the House by a voice vote, two-
thirds having voted in favor.
On September 26, 2008, H. Con. Res. 393 was received in the
Senate.
On October 2, 2008, H. Con. Res. 393 was referred to the
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H. Con. Res. 393 in the
110th Congress.
RECOGNIZING THE 10TH ANNIVERSARY OF THE ESTABLISHMENT OF THE MINORITY
AIDS INITIATIVE
(H. Con. Res. 426)
Summary
H. Con. Res. 426 recognizes and commemorates the 10th
anniversary of the establishment of the Minority AIDS
Initiative. It also supports the continuing efforts of the
Minority AIDS Initiative to stop the spread of HIV/AIDS and
urges effective, compassionate treatment and care to
individuals affected by HIV/AIDS.
Legislative History
On September 24, 2008, H. Con. Res. 426 was introduced by
Representative Waters and referred to the Committee on Energy
and Commerce.
On September 27, 2008, H. Con. Res. 426 was considered in
the House under unanimous consent. Mr. Pallone offered two
amendments to make sundry and clarifying changes to the
resolution. The amendments and then the resolutions were agreed
to without objection.
On September 29, 2008, H. Con. Res. 426 was received in the
Senate.
On October 2, 2008, H. Con. Res. 426 passed the Senate by
unanimous consent.
SUPPORTING THE GOALS AND IDEALS OF NATIONAL EOSINOPHIL AWARENESS WEEK,
AND FOR OTHER PURPOSES
(H. Res. 296)
Summary
H. Res. 296 supports the goals and ideals of National
Eosinophil Awareness Week and its designation as the third week
in May. It also encourages health care providers and the
American Partnership for Eosinophilic Disorders to increase
education and awareness regarding eosinophilic disorders.
Legislative History
On April 16, 2007, H. Res. 296 was introduced by
Representative Larson and referred to the Committee on Energy
and Commerce.
On May 15, 2007, H. Res. 296 passed the House under
suspension of the rules by a voice vote, two-thirds having
voted in favor.
EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES WITH RESPECT TO
LUNG CANCER AS A PUBLIC HEALTH PRIORITY AND THE RECOMMENDATIONS OF THE
LUNG CANCER PROGRESS REVIEW GROUP OF THE NATIONAL CANCER INSTITUTE
(H. Res. 335)
Summary
H. Res. 335 recognizes lung cancer as a public health
priority and the importance of taking steps toward reducing the
lung cancer mortality rate by at least half by 2015. It also
acknowledges the importance of the recommendations of the Lung
Cancer Progress Review Group of the National Cancer Institute.
Legislative History
On April 24, 2007, H. Res. 335 was introduced by
Representative Capps and referred to the Committee on Energy
and Commerce. On April 25, 2007, H. Res. 335 was referred to
the Subcommittee on Health.
On November 13, 2007, H. Res. 335 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT THERE SHOULD
BE AN INCREASED COMMITMENT SUPPORTING THE DEVELOPMENT OF INNOVATIVE
ADVANCED IMAGING TECHNOLOGIES FOR PROSTATE CANCER DETECTION AND
TREATMENT
(H. Res. 353)
Summary
H. Res. 353 expresses the sense of the House of
Representatives that there should be increased support for
research and development of advanced imaging technologies for
prostate cancer detection and treatment.
Legislative History
On May 1, 2007, H. Res. 353 was introduced by
Representative Cummings and referred to the Committee on Energy
and Commerce. That same day, H. Res. 353 was referred to the
Subcommittee on Health.
On June 24, 2008, H. Res. 353 was considered in the House
under suspension of the rules. Objections was heard regarding
the presence of a quorum; further proceedings on the motion
were postponed.
On June 26, 2008, H. Res. 353 was considered as unfinished
business and passed the House, as amended, by a voice vote,
two-thirds having voted in favor.
On July 9, 2008, Representative Hill asked unanimous
consent that H. Res. 353, which was adopted by the House on
June 26, 2008, be considered to have been adopted with the
corrected text that was placed at the desk, and that the
resolution be re-engrossed in that corrected form. This motion
was agreed to without objection.
SUPPORTING THE GOALS AND IDEALS OF NATIONAL OSTEOPOROSIS AWARENESS AND
PREVENTION MONTH
(H. Res. 369)
Summary
H. Res. 369 supports the goals and ideals of National
Osteoporosis Awareness and Prevention Month during May. It also
urges the people of the United States to observe appropriate
programs and activities with respect to osteoporosis.
Legislative History
On May 3, 2007, H. Res. 369 was introduced by
Representative Berkley and referred to the Committee on Energy
and Commerce. That same day, H. Res. 369 was referred to the
Subcommittee on Health.
On May 19, 2008, H. Res. 369 was considered in the House
under suspension of the rules. Objection was heard regarding
the presence of a quorum; further proceedings on the motion
were postponed.
On May 21, 2008, H. Res. 369 was considered as unfinished
business and passed the House, as amended, by a voice vote,
two-thirds having voted in favor.
EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT THERE SHOULD
BE ESTABLISHED A NATIONAL CANCER RESEARCH MONTH, AND FOR OTHER PURPOSES
(H. Res. 448)
Summary
H. Res. 448 expresses the sense that the U.S. House of
Representatives should establish May as the National Cancer
Research Month. It also recognizes the American Association of
Cancer for its invaluable contributions to preventing and
curing cancer.
Legislative History
On May 24, 2007, H. Res. 448 was introduced by
Representative Matheson and referred to the Committee on Energy
and Commerce. That same day, H. Res. 448 was referred to the
Subcommittee on Health.
On October 15, 2007, H. Res. 448 passed the House under
suspension of the rules by a voice vote, two-thirds having
voted in favor.
SUPPORTING EFFORTS TO INCREASE CHILDHOOD CANCER AWARENESS, TREATMENT,
AND RESEARCH
(H. Res. 470)
Summary
H. Res. 470 resolves that Congress should support public
and private sector efforts to promote awareness about the
incidence of cancer among children, the signs and symptoms of
cancer in children, treatment options, and long-term follow-up.
It also states that Congress should support increased public
and private investment in childhood cancer research to improve
prevention, diagnosis, treatment, rehabilitation, post-
treatment monitoring, and long-term survival.
Legislative History
On June 7, 2007, H. Res. 470 was introduced by
Representative Pryce and referred to the Committee on Energy
and Commerce. That same day, H. Res. 470 was referred to the
Subcommittee on Health.
On September 25, 2007, H. Res. 470 passed the House under
suspension of the rules by a voice vote, two-thirds having
voted in favor.
EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES WITH RESPECT TO
DIAMOND-BLACKFAN ANEMIA
(H. Res. 524)
Summary
H. Res. 524 recognizes that the identification of Diamond-
Blackfan Anemia (``DBA'') may identify implications of cancer
predisposition and serve as an important model for
understanding human development and the molecular basis for
certain birth defects. It also encourages research efforts to
further understand ribosomal protein deficiencies in rare
inherited diseases and to advance the treatment options
available to those with DBA.
Legislative History
On June 27, 2007, H. Res. 524 was introduced by
Representative McCarthy and referred to the Committee on Energy
and Commerce. That same day, H. Res. 524 was referred to the
Subcommittee on Health.
On October 15, 2007, H. Res. 524 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
SUPPORTING THE GOALS AND IDEALS OF CHILDREN'S HEALTH MONTH
(H. Res. 760)
Summary
H. Res. 760 supports the goals and ideals of Children's
Health Month during October. It also recognizes and reaffirms
our Nation's commitment to providing access to health care,
ensuring preventative care, seeking cures for debilitating
diseases and chronic conditions, and promoting healthy living
habits for America's children.
Legislative History
On October 18, 2007, H. Res. 760 was introduced by
Representative Castor and referred to the Committee on Energy
and Commerce.
On November 8, 2007, H. Res. 760 was referred to the
Subcommittee on Health.
On November 13, 2007, H. Res. 760 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
RECOGNIZING THE NEED TO PURSUE RESEARCH INTO THE CAUSES, A TREATMENT,
AND AN EVENTUAL CURE FOR PRIMARY LATERAL SCLEROSIS, SUPPORTING THE
GOALS AND IDEALS OF PRIMARY LATERAL SCLEROSIS AWARENESS MONTH, AND FOR
OTHER PURPOSES
(H. Res. 896)
Summary
H. Res. 896 recognizes the need to continue research into
the causes, treatment, and an eventual cure for primary lateral
sclerosis. It also supports the designation of February 2009 as
an appropriate time to recognize ``Primary Lateral Sclerosis
Awareness Month.''
Legislative History
On December 19, 2007, H. Res. 896 was introduced by
Representative Baca and referred to the Committee on Energy and
Commerce. That same day, H. Res. 896 was referred to the
Subcommittee on Health.
On July 30, 2008, H. Res. 896 passed the House, as amended,
under suspension of the rules by a voice vote, two-thirds
having voted in favor.
SUPPORTING THE GOALS AND IDEALS OF AMERICAN HEART MONTH AND NATIONAL
WEAR RED DAY
(H. Res. 972)
Summary
H. Res. 972 supports the goals and ideals of ``American
Heart Month'' and ``National Wear Red Day.'' It also recognizes
and reaffirms our commitment to fighting heart disease and
stroke by promoting awareness about its causes, risks, and
prevention, supporting research, and expanding access to
medical treatment.
Legislative History
On February 12, 2008, H. Res. 972 was introduced by
Representative Capps and referred to the Committee on Energy
and Commerce. That same day, H. Res. 972 was referred to the
Subcommittee on Health.
On February 13, 2008, H. Res. 972 was considered in the
House under suspension of the rules. The yeas and nays were
demanded and further proceedings on the motion were postponed.
On February 14, 2008, H. Res. 972 was considered as
unfinished business and passed the House by a rollcall vote:
389-0.
RECOGNIZING MARCH 6, 2008, AS THE FIRST-EVER WORLD GLAUCOMA DAY,
ESTABLISHED TO INCREASE AWARENESS OF GLAUCOMA, WHICH IS THE SECOND
LEADING CAUSE OF PREVENTABLE BLINDNESS IN THE UNITED STATES AND
WORLDWIDE
(H. Res. 981)
Summary
H. Res. 981 recognizes the first-ever World Glaucoma Day as
March 6, 2008. It also supports the efforts of the National Eye
Institute within the National Institutes of Health to continue
research on the causes of glaucoma, including genetic and
environmental risk factors, glaucoma prevention, the
relationships between damage to the optic nerve and loss of
vision, societal and individual impacts, diagnostics, and
treatment to save and potentially restore sight.
Legislative History
On February 13, 2008, H. Res. 981 was introduced by
Representative Baldwin and referred to the House Committee on
Energy and Commerce. That same day, H. Res. 981 was referred to
the Subcommittee on Health.
On April 22, 2008, H. Res. 981 passed the House, as
amended, under suspension of the rules by a rollcall vote: 387-
0.
DESIGNATING THE MONTH OF MARCH 2008 AS MRSA AWARENESS MONTH
(H. Res. 988)
Summary
H. Res. 988 recognizes the importance of reducing the
transmission of infections in hospitals and ensuring
appropriate use and utilization of antibiotics to meet patient
and public health needs. It also recognizes the importance of
raising awareness of MRSA and methods of preventing MRSA
infections.
Legislative History
On February 14, 2008, H. Res. 988 was introduced by
Representative Matheson and referred to the Committee on Energy
and Commerce. That same day, H. Res. 988 was referred to the
Subcommittee on Health.
On September 23, 2008, H. Res. 988 was considered in the
House under suspension of the rules. Objection was heard
regarding the presence of a quorum; further proceedings on the
motion were postponed.
On September 25, 2008, H. Res. 988 was considered as
unfinished business and passed the House, as amended, by a
voice vote, two-thirds having voted in favor.
REDUCING MATERNAL MORTALITY BOTH AT HOME AND ABROAD
(H. Res. 1022)
Summary
H. Res. 1022 affirms the House of Representatives'
commitment to promoting maternal health and child survival both
at home and abroad through greater international investment and
participation. It also recognizes maternal health and child
survival as fundamental to the well-being of families and
societies, and to global development and prosperity.
Legislative History
On February 5, 2008, H. Res. 1022 was introduced by
Representative Capps and referred to the Committee on Energy
and Commerce. That same day, H. Res. 1022 was referred to the
Subcommittee on Health.
On May 19, 2008, H. Res. 1022 was considered in the House
under suspension of the rules. Objection was heard regarding
the presence of a quorum; further proceedings on the motion
were postponed.
On May 21, 2008, H. Res. 1022 was considered as unfinished
business and passed the House, as amended, by a voice vote,
two-thirds having voted in favor.
SUPPORTING THE WE DON'T SERVE TEENS CAMPAIGN
(H. Res. 1042)
Summary
H. Res. 1042 supports the goals and ideals of campaigns
working to prevent underage drinking of alcoholic beverages,
such as the We don't Serve Teens Campaign.
Legislative History
On March 12, 2008, H. Res. 1042 was introduced by
Representative Bono Mack and referred to the Committee on
Energy and Commerce. That same day, H. Res. 1042 was referred
to the Subcommittee on Health.
On September 23, 2008, H. Res. 1042 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
RECOGNIZING NATIONAL NURSES WEEK ON MAY 6 THROUGH MAY 12, 2008
(H. Res. 1086)
Summary
H. Res. 1086 recognizes the significant contributions of
nurses to the health care system of the United States. It also
supports the goals and ideals of National Nurses Week from May
6 to May 12.
Legislative History
On April 8, 2008, H. Res. 1086 was introduced by
Representative Bernice Johnson and referred to the Committee on
Energy and Commerce. On April 9, 2008, H. Res. 1086 was
referred to the Subcommittee on Health.
On May 6, 2008, H. Res. 1086 was considered in the House
under suspension of the rules. Objection was heard regarding
the presence of a quorum; further proceedings on the motion
were postponed.
On May 8, 2008, H. Res. 1086 was considered as unfinished
business and passed the House by a voice vote, two-thirds
having voted in favor.
EXPRESSING SUPPORT FOR THE DESIGNATION OF APRIL 2008 AS NATIONAL AUTISM
AWARENESS MONTH AND SUPPORTING EFFORTS TO DEVOTE NEW 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. 1106)
Summary
H. Res. 1106 expresses support for the designation of April
as `National Autism Awareness Month'. It also supports the goal
of devoting new resources to researching the root causes of
autism, identifying the best methods of early intervention and
treatment, expanding programs for individuals with autism
across their lifespans, and promoting understanding of the
special needs of people with autism.
Legislative History
On April 14, 2008, H. Res. 1106 was introduced by
Representative Reichert and referred to the Committee on Energy
and Commerce. On April 15, 2008, H. Res. 1106 was referred to
the Subcommittee on Health.
On May 19, 2008, H. Res. 1106 was considered in the House
under suspension of the rules. Objection was heard regarding
the presence of a quorum; further proceedings on the motion
were postponed.
On May 21, 2008, H. Res. 1106 was considered as unfinished
business and passed the House by a voice vote, two-thirds
having voted in favor.
EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT THERE SHOULD
BE ESTABLISHED A NATIONAL BRAIN TUMOR AWARENESS MONTH, AND FOR OTHER
PURPOSES
(H. Res. 1124)
Summary
H. Res. 1124 expresses the sense of the House of
Representatives that May should be National Brain Tumor
Awareness Month. It also applauds the actions of those who
strive to combat and raise public awareness of brain tumors and
brain cancer.
Legislative History
On April 22, 2008, H. Res. 1124 was introduced by
Representative Schakowsky and referred to the Committee on
Energy and Commerce. That same day, H. Res. 1124 was referred
to the Subcommittee on Health.
On May 19, 2008, H. Res. 1124 was considered in the House
under suspension of the rules. Objection was heard regarding
the presence of a quorum; further proceedings on the motion
were postponed.
On May 21, 2008, H. Res. 1124 was considered as unfinished
business and passed the House, as amended, by a voice vote,
two-thirds having voted in favor.
SUPPORTING THE GOALS AND IDEALS OF MENTAL HEALTH MONTH
(H. Res. 1134)
Summary
H. Res. 1134 supports the goals and ideals of Mental Health
Month as May 2008 in order to emphasize scientific facts and
findings regarding mental health and to remove the stigma
associated therewith. It also supports the findings of the
President's Commission on MentalHealth that the Nation's
failure to prioritize mental health is a national tragedy. Further, it
encourages all organizations and health practitioners to use Mental
Health Month as an opportunity to promote mental well-being and
awareness, ensure access to appropriate services, and support overall
quality of life for those with mental illness.
Legislative History
On April 23, 2008, H. Res. 1134 was introduced by
Representative Napolitano and referred to the Committee on
Energy and Commerce. That same day, H. Res. 1134 was referred
to the Subcommittee on Health.
On May 14, 2008, H. Res. 1134 was considered in the House
under suspension of the rules. Objection was heard regarding
the presence of a quorum; further proceedings on the motion
were postponed.
On May 14, 2008, H. Res. 1134 was considered as unfinished
business and passed the House by a rollcall vote: 421-0.
SUPPORTING THE GOALS AND IDEALS OF TAY-SACHS AWARENESS MONTH
(H. Res. 1333)
Summary
H. Res. 1333 supports the goals and ideals of Tay-Sachs
Awareness Month and encourages and supports education and
research efforts with respect to Tay-Sachs disease.
Legislative History
On July 10, 2008, H. Res. 1333 was introduced by
Representative Arcuri and referred to the Committee on Energy
and Commerce.
On September 25, 2008, H. Res. 1333 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
RESOLUTION EXPRESSING THE SENSE OF THE HOUSE THAT THERE SHOULD BE AN
INCREASED PUBLIC AND PRIVATE COMMITMENT PRIORITIZING PREVENTION AND
PUBLIC HEALTH FOR ALL PEOPLE IN THE UNITED STATES
(H. Res. 1381)
Summary
H. Res. 1381 recognizes that in order to reduce the disease
burden and health care costs associated with preventable
disease and injury, it is imperative that this Nation
strengthen its public health system to encourage all persons in
the United States to obtain the proper information and
educational resources they need to make healthier choices and
live healthier lives; and protect all people in this country
from health threats beyond their control, such as bioterrorism,
natural disasters, infectious disease outbreaks, and
environmental hazards. It also encourages the creation of
public health strategies in the public and private sectors to
improve the health of all people in the United States
regardless of race, ethnicity, or socioeconomic status.
Finally, it supports public and private partnerships focusing
on the prevention of disease and injury, and encourages
community-based programs to support healthy lifestyles,
including those that promote proper nutrition and increased
access to physical activity.
Legislative History
On July 29, 2008, H. Res. 1381 was introduced by
Representative Roybal-Allard and referred to the Committee on
Energy and Commerce. That same day, H. Res. 1381 was referred
to the Subcommittee on Health.
On September 23, 2008, H. Res. 1381 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
EXPRESSING SUPPORT FOR DESIGNATION OF THE MONTH OF OCTOBER AS AMERICAN
PHARMACISTS MONTH AND EXPRESSING THE SENSE OF THE HOUSE OF
REPRESENTATIVES THAT ALL PEOPLE IN THE UNITED STATES SHOULD JOIN IN
CELEBRATING OUR NATION'S PHARMACISTS FOR THEIR CONTRIBUTIONS TO THE
HEALTH AND WELL-BEING OF OUR CITIZENS
(H. Res. 1437)
Summary
H. Res. 1437 supports the designation of `American
Pharmacists Month' with the theme `Know Your Medicine/Know Your
Pharmacist', encouraging people in the United States to
identify a pharmacist as their own, to introduce themselves to
that pharmacist, and to open a dialogue by asking questions.
Legislative History
On September 15, 2008, H. Res. 1437 was introduced by
Representative Berry and referred to the Committee on Energy
and Commerce.
On September 27, 2008, H. Res. 1437 was considered by
unanimous consent and agreed to without objection.
OVERSIGHT OR INVESTIGATIVE ACTIVITIES
PDUFA Reauthorization
On April 17, 2007, the Subcommittee held an oversight
hearing on the reauthorization of the Prescription Drug User
Fee Act. With PDUFA set to expire September 30, 2007, swift
Congressional action was needed to prevent personnel
disruptions at the FDA. The Subcommittee met to review FDA's
and interest groups' proposals for PDUFA reauthorization.
Biosimilar Policy
On May 2, 2007, the Subcommittee held an oversight hearing
entitled, ``Assessing the Impact of a Safe and Equitable
Biosimilar policy in the United States.'' The hearing addressed
regulatory, safety, and intellectual property concerns
associated with the development and approval of generic
biologic drugs.
Drug Safety
On May 9, 2007, the Subcommittee held an oversight hearing
to address the safety of our Nation's drug supply and the
ability of the FDA to adequately ensure the safety of our
Nation's drugs.
MDUFMA Reauthorization
On May 16, 2007, the Subcommittee held an oversight hearing
on the reauthorization of the Medical Device User Fee and
Modernization Act. With MDUFMA authorization set to expire on
September 30, 2007 FDA and other private interest groups
testified on proposed changes to the MDUFMA program.
9/11 Health Effects
On September 18, 2007, the Subcommittee held an oversight
hearing entitled, ``Answering the Call: Medical Monitoring and
Treatment of 9/11 Health Effects.'' Following the September
11th attacks on the World Trade Center, Federal funds were
allocated for the creation of the WTC health programs to treat
those exposed to health hazards as a result of the attack. The
hearing examined concerns GAO raised regarding access and
services and GAO's suggestion for more Federal funding for the
program.
Stem Cell Science
On May 8, 2008 the Subcommittee held an oversight hearing
on stem cell science and Federal policy. The hearing examined
the current Federal policy limiting Federal funding for human
and embryonic stem cell research to existing stem cell lines
where the life and death decision has already been made.
NIH Reform
On September 9, 2008 the Subcommittee held an oversight
hearing on the implementation of the NIH Reform Act of 2006.
Dr. Elias Zerhouni, then director of the National Institutes of
Health, submitted testimony providing an update on how the Act
has been implemented at the Institutes.
Health Finance
LEGISLATIVE ACTIVITIES
Public Law 110-54 (H.R. 2429, H.R. 3007, S. 1767, S. 1768)
To amend title XVIII of the Social Security Act to provide
an exception to the 60-day limit on Medicare reciprocal billing
arrangements between two physicians during the period in which
one of the physicians is ordered to active duty as a member of
a reserve component of the Armed Forces.
Summary
H.R. 2429 amends title XVIII (Medicare) of the Social
Security Act to create an exception to the 60-day limit on
Medicare reciprocal billing arrangements in the case of
arrangements between two physicians over a longer continuous
period during all of which one of them is ordered to active
duty as a member of a reserve component of the armed forces.
This exception is applied to medical services provided before
January 1, 2008.
Legislative History
H.R. 2429 was introduced on May 22, 2007 by Representative
Mike Thompson. It was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means.
On May 23, 2007, H.R. 2429 passed the House under
suspension of the rules by a rollcall vote: 422-0, and 1
present.
On May 24, 2007, it was referred to the Senate Committee on
Finance. On July 24, 2007, the Senate Committee on Finance was
discharged from further consideration of H.R. 2429 by unanimous
consent. That same day, the bill passed the Senate without
amendment by unanimous consent, clearing it for the White
House.
H.R. 2429 was presented to the President on July 27, 2007,
and signed by the President on August 3, 2007 (Public Law 110-
54).
PROTECTING THE MEDICAID SAFETY NET ACT OF 2008
Public Law 110-252 (H.R. 2642, H.R. 5613)
Summary
H.R. 5613 would place a moratorium until March 2009 on
seven Medicaid regulations issued by the Department of Health
and Human Services. This would allow time for Congress to fully
examine their merit. This legislation would delay the
implementation of the following regulations: rehabilitation
services, targeted case management (TCM), school-based
transportation and outreach, provider taxes, hospital
outpatient (OPD), graduate medical education (GME), and
intergovernmental transfer (IGT). According to the
Congressional Budget Office, these regulations would together
reduce Federal Medicaid funding to States for vital programs
and services by nearly $20 billion over the next five years.
Legislative History
H.R. 5613 was introduced on March 13, 2008, by
Representative Dingell and referred to the Committee on Energy
and Commerce. On March 14, 2008, the measure was referred to
the Subcommittee on Health.
On April 3, 2008, the Subcommittee on Health held a hearing
on H.R. 5613.
On April 9, 2008, the Subcommittee on Health met in an open
markup session and H.R. 5613 was forwarded to the full
Committee, amended, by a voice vote.
On April 16, 2008, the full Committee met in an open markup
session and H.R. 5613 was ordered favorably reported, amended,
by a rollcall vote: 46--0. On April 22, 2008, the Committee on
Energy and Commerce reported H.R. 5613 to the House, amended
(H. Rept. 110-600).
On April 23, 2008, H.R. 5613 passed the House, as amended,
under suspension of the rules by a rollcall vote: 349-62.
On April 28, 2008, the bill was placed on the Senate
Legislative Calendar under General Orders.
The provisions of H.R. 5613 were included in H.R. 2642, the
Supplemental Appropriations Act of 2008, which became Public
Law 110-252 on June 30, 2008.
MICHELLE'S LAW
Public Law 110-381 (H.R. 2851, S. 400)
Summary
H.R. 2851 amends the Employee Retirement Income Security
Act of 1974 (ERISA), the Public Health Service Act, and the
Internal Revenue Code to prohibit a group health plan from
terminating coverage of a dependent child due to a medically
necessary leave of absence from a postsecondary education
institution or any other change in enrollment at that
institution that commences while such child is suffering from a
severe illness or injury and causes such child to lose full-
time student status before that earlier of: (1) one year after
the first day of the medically necessary leave of absence; or
(2) the date on which such coverage would otherwise terminate
under the terms of the plan. This bill would require
certification by the child's attending physician, and would
apply these requirements to coverage offered in the individual
market.
Legislative History
H.R. 2851 was introduced on June 25, 2007, by
Representative Hodes. It was referred to the Committee on
Energy and Commerce, and in addition to the Committees on
Education and Labor, 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.
On June 25, 2007, H.R. 2851 was referred to the
Subcommittee on Health.
On July 9, 2008, the Subcommittee on Health met in an open
markup session and H.R. 2851 forwarded to the full Committee,
amended, by a voice vote.
On July 16, 2008, the full Committee met in an open markup
session and H.R. 2851 was ordered favorably reported, amended,
by a rollcall vote: 40--0. On July 30, 2008, the Committee on
Energy and Commerce reported H.R. 2851 to the House, amended
(H. Rept. 110-806, Part 1).
On July 30, 2008, the Committee on Education and Labor and
the Committee on Ways and Means were each discharged from
further consideration of H.R. 2851. The bill then passed the
House, as amended, under suspension of the rules, by a voice
vote, two-thirds having voted in favor.
On July 31, 2008, H.R. 2851 was received in the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
On September 25, 2008, the Senate Committee on Health,
Education, Labor, and Pensions was discharged from further
consideration of H.R. 2851 by unanimous consent. That same day,
H.R. 2851 passed the Senate without amendment by unanimous
consent, clearing it for the White House.
H.R. 2851 was presented to the President on September 30,
2008, and signed by the President on October 9, 2008 (Public
Law 110-381).
MEDICARE IMPROVEMENTS FOR PATIENTS AND PROVIDERS ACT OF 2008
Public Law 110-275 (H.R. 6331, H.R. 748, H.R. 6212, H.R. 6252, S. 45,
S. 450, S. 1310, S. 2408, S. 3095, S. 3101, S. 3144)
Summary
H.R. 6331 prevents a 10 percent payment reduction for
physicians in Medicare, enhances Medicare preventive and mental
health benefits, improves and extends programs for low-income
Medicare beneficiaries, and extends expiring provisions for
rural and other providers. Key provisions of H.R. 6331 include:
providing a 2 percent quality reporting bonus for doctors who
report on quality measures through 2010; providing financial
incentives to providers to encourage the use of electronic
prescribing technology; extending and improving low-income
assistance programs for Medicare beneficiaries whose income is
below $14,040; increasing the amount of assets that low-income
beneficiaries can have and still qualify for financial help;
and adding new preventive benefits to the Medicare program as
well as reducing beneficiary out of pocket costs for mental
health care.
H.R. 6331 will require Medicare Advantage plans to pay
pharmacies promptly (within 14 days), and to update the prices
they will reimburse for prescription medicines at least weekly.
The bill also delays the new Medicaid payment rule which
changes Medicaid's payment limits for pharmacies to be based on
the Average Manufacturer Price (AMP). The rule would be delayed
through September 2009. This legislation takes modest steps to
reduce Medicare payments to private plans which are being paid
more than 100 percent of the cost to treat a beneficiary in
fee-for-service Medicare by phasing out the Indirect Medical
Education (IME) double-payment, eliminating the stabilization
fund for Medicare Advantage regional preferred provider
organizations, and ensuring Private Fee-for-Service (PFFS)
plans comply with quality requirements that other Medicare
Advantage plans must meet.
The bill protects access to care in rural America by
extending and building upon expiring provisions. H.R. 6331 will
improve payments for sole community hospitals, critical access
hospitals, and ambulances, as well as extend expiring
provisions that preserve payment enhancements for rural
physicians and hospitals that run clinical laboratories. Access
to Medicare Advantage is retained by ensuring private-fee-for-
service plans in rural areas can continue to operate if there
are fewer than two network plan options.
H.R. 6331 makes a number of other modest changes to
Medicare payments, including: protecting access to therapy
services by extending the exceptions process to the limits on
therapy visits for beneficiaries in nursing homes; and
postponing the Durable Medical Equipment (DME) competitive
bidding program and repealing the clinical laboratory
competitive bidding program.
Legislative History
H.R. 6331 was introduced on June 20, 2008, by
Representative Rangel. It was referred to the Committee on
Energy and Commerce, and in addition to the Committee on 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.
On June 24, 2008, H.R. 6331 passed the House, as amended,
under suspension of the rules by a rollcall vote: 355-59.
On July 9, 2008, the Senate passed H.R. 6331 without
amendment by unanimous consent.
H.R. 6331 was presented to the President on July 10, 2008,
and vetoed by the President on July 15, 2008.
On July 15, 2008, H.R. 6331 passed the House over veto by a
rollcall vote: 383 41. That same day, H.R. 6331 passed the
Senate over veto by a rollcall vote: 70-26.
H.R. 6331 became Public Law 110-275 on July 15, 2008.
PAUL WELLSTONE AND PETE DOMENICI MENTAL HEALTH PARITY AND ADDICTION
EQUITY ACT OF 2008
Public Law 110-343, Title V, Subtitle B
(H.R. 6983, H.R. 1424, S. 558)
Summary
This bill permanently reauthorizes and expands the Mental
Health Parity Act of 1996 to provide for equity in the coverage
of mental health and substance use disorders compared to
medical and surgical disorders. The legislation ensures that
group health plans do not charge higher co-payments,
coinsurance, deductibles, and impose maximum out-of-pocket
limits and lower day and visit limits on mental health and
addiction care than for medical and surgical benefits. The
Department of Health and Human Services, the Department of
Labor, and the Internal Revenue Service may penalize health
plans for discriminatory practices under the bill. The mental
health parity requirements apply to group health plans with 51
or more employees, but do not apply to health coverage in the
individual insurance market. If the requirements in this bill
result in increased actual total costs of coverage that exceed
2 percent during the first plan year or 1 percent in subsequent
years, the plan may choose to be exempt from the equity
requirements for the following plan year. The bill would
establish a federal floor but permits states to go further to
protect their citizens. H.R. 6983 would not supersede any State
law that provides consumer protections, benefits, rights, or
remedies stronger than those in this bill. Plans will be
required to make information about criteria used for medical
necessity determinations and reasons for denials relating to
mental health and addiction treatment available.
The Internal Revenue Service may impose a tax of $100 per
day per beneficiary on employers or insurers who do not comply
with the equity requirements of this bill. The Department of
Health and Human Services and Department of Labor can also
enforce the provisions of this bill. Aggrieved individuals may
bring a civil action to obtain covered benefits. The bill
requires GAO to analyze and report on the specific rates,
patterns, and trends in coverage and exclusion of specific
mental health and substance use disorder diagnoses by health
plans and health insurance. H.R. 6983 is effective in the first
health plan year that begins on or after January 1, 2009.
Legislative History
H.R. 6983 was introduced on September 22, 2008, by
Representative Kennedy. It was referred to the Committee on
Energy and Commerce, and in addition to the Committees on
Education and Labor, 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.
On September 23, 2008, H.R. 6983 passed the House, as
amended, under suspension of the rules, by a rollcall vote:
376-47.
H.R. 6983 was received in the Senate on September 23, 2008.
For further action on H.R. 6983, see H.R. 1424, the
``Emergency Economic Stabilization Act of 2008,'' which became
Public Law 110-343.
TO MAKE A TECHNICAL CORRECTION IN THE PAUL WELLSTONE AND PETE DOMENICI
MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008
Public Law 110-460 (S. 3712)
Summary
This legislation amends subtitle B of title V of division C
of Public Law 343 by striking ``January 1, 2009'' and inserting
``January 1, 2010''.
Legislative History
On November 20, 2008, Senator Edward M. Kennedy introduced
S. 3712. That same day, the Senate passed S. 3712 without
amendment by unanimous consent.
On December 9, 2008, S. 3712 was referred to the House
Committee on Energy and Commerce, and in addition to the
Committees on Education and Labor, 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.
On December 10, 2008, the Committees on Energy and
Commerce, Education and Labor, and Ways and Means were each
discharged from further consideration of the bill. That same
day, the House passed S. 3712 with no objection, clearing it
for White House action.
On December 23, 2008, the President signed S. 3712 (Public
Law 110-460).
MEDICARE, MEDICAID, AND SCHIP EXTENSION ACT OF 2007
Public Law 110-173 (S. 2499)
To amend titles XVIII, XIX, and XXI of the Social Security
Act to extend provisions under the Medicare, Medicaid, and
SCHIP programs, and for other purposes.
Summary
S. 2499 amends titles XVIII, XIX, and XXI of the Social
Security Act to extend provisions under the Medicare, Medicaid,
and SCHIP programs. Extended Medicare programs include: an
incentive payment program for physician scarcity areas; the
floor on work geographic adjustment; treatment of certain
physician pathology services; the exceptions process for
therapy caps; the payment rule for brachytherapy; reasonable
costs payments for certain clinical diagnostic laboratory tests
in rural areas; the authority of specialized Medicare Advantage
plans for special needs individuals; access to Medicare
reasonable cost contract plans; a provision that permits
physicians in the armed services to engage in substitute
billing arrangements for longer than 60 days when they are
ordered to active duty; and provisions that have allowed
certain hospitals to be eligible for wage index
reclassification. S. 2499 will remove $1.5 billion from the
stabilization fund for Medicare Advantage regional preferred
provider organizations in 2012. It will also require the
submission of data by group health plans and liability insurers
to the Secretary of Health and Human Services that is necessary
to appropriately identify individuals for whom Medicare is the
secondary payor.
CMS will be required to adjust its Average Sales Price
(ASP) calculation to use volume-weighted ASPs based on actual
sales volume. Some other improvements to the Medicare program
include: establishing an appropriate reimbursement rate for
generic inhalation drugs; reimbursing certain diabetes
laboratory tests that are approved for home use at the same
rate as other glycated hemoglobin tests; providing regulatory
relief to ensure continued access to current long-term care
hospital services; imposing a limited moratorium on the
development of new long-term care facilities; requiring the
Secretary to conduct a study on long-term care hospital
facility and patient criteria; requiring the Secretary to study
beneficiary access to inpatient rehabilitation services and
care; and permanently freezing the inpatient rehabilitation
services compliance threshold at 60%. S. 2499 will also provide
$15 million to State Health Insurance Assistance Programs and
$5 million for Area Agencies on Aging and Aging Disability
Resource Centers for beneficiary outreach and assistance.
Title II of S. 2499 includes Medicaid and SCHIP provisions.
Extended programs in this section include: the qualifying
individual (QI) program; transitional medical assistance (TMA);
abstinence education programs; Medicaid disproportionate share
hospitals (DSH); and SCHIP funding through March 31, 2009. This
legislation would also impose a six-month delay on
implementation of proposed administrative regulations relating
to school-based services and rehabilitation services. An
additional $10 million would be provided to improve data
collection on the uninsured by the Census Bureau.
Title III of this legislation would extend the Special
Diabetes Program to fund type 1 diabetes research and type 2
treatment and prevention programs for Native Americans and
Alaska Natives. This title would also clarify the Medicare
Payment Advisory Commission's status as an agency of Congress.
Legislative History
S. 2499 was introduced in the Senate on December 18, 2007,
by Senator Baucus. The bill was read twice, considered, read
the third time, and passed without amendment by unanimous
consent.
On December 19, 2007, S. 2499 passed the House under
suspension of the rules and by a rollcall vote: 411-3.
The bill was presented to the President on December 27,
2007, and signed by the President on December 29, 2007 (Public
Law 110-173).
QI PROGRAM SUPPLEMENTAL FUNDING ACT OF 2008
Public Law 110-379 (S. 3560, H.R. 7077, S. 3549)
To amend title XIX of the Social Security Act to provide
additional funds for the qualifying individual (QI) program,
and for other purposes.
Summary
S. 3560 amends title XIX (Medicaid) of the Social Security
Act, as amended by the Medicare Improvements for Patients and
Providers Act of 2008, to provide supplemental funding for the
qualifying individual (QI) program. This legislation requires a
state to have in operation an eligibility determination system
which provides for data matching through the Public Assistance
Reporting Information System (PARIS), including matching with
medical assistance programs operated by other states. It also
amends the Federal Food, Drug, and Cosmetic Act to make
sponsors of certain antibiotic drugs eligible for a three-year
or a five-year market exclusivity if a marketing application is
submitted for an antibiotic drug that: (1) was approved by the
Secretary of Health and Human Services before November 21,
1997; or (2) was the subject of one or more applications
received by the Secretary before November 21, 1997, none of
which was approved. The bill would authorize the use of
Medicaid integrity program funds for transportation and travel
expenses for attendees at education, training, or consultative
activities, and it would increase FY2014 funding for the
Medicare Improvement Fund.
Legislative History
S. 3560 was introduced on September 24, 2008, by Senator
Baucus and referred to the Senate Committee on Finance.
On September 25, 2008, the Senate Finance Committee was
discharged from further consideration of S. 3560 by unanimous
consent. The Senate then passed S. 3560 without amendment by
unanimous consent.
On September 25, 2008, S. 3560 was received in the House
and referred to the Committee on Energy and Commerce. On
September 27, 2008, the bill was re-referred to the Committee
on Energy and Commerce, and in addition to the Committee on
Ways and Means, by unanimous consent.
On September 27, 2008, S. 3560 passed the House under
suspension of the rules by a voice vote, two-thirds having
voted in favor. This action cleared the measure for the White
House.
The bill was presented to the President on September 29,
2008, and signed by the President on October 8, 2008 (Public
Law 110-379).
MEDICARE PRESCRIPTION DRUG PRICE NEGOTIATION ACT OF 2007
(H.R. 4, S. 3)
To amend Part D of title XVIII of the Social Security Act
to require the Secretary of Health and Human Services to
negotiate lower prescription drug prices for covered Part D
drugs on behalf of Medicare beneficiaries.
Summary
H.R. 4 would require the Secretary of Health and Human
Services to negotiate with pharmaceutical manufacturers the
prices that may be charged to prescription drug plan sponsors
and Medicare Advantage organizations for covered part D drugs
for part D eligible individuals enrolled under a prescription
drug plan or under a Medicare Advantage prescription drug (MA-
PD) plan.
Legislative History
H.R. 4 was introduced in the House on January 5, 2007, by
Representative Dingell. It was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways
and Means.
On January 12, 2007, H.R. 4 passed the House by a rollcall
vote: 255-170.
The bill was received in the Senate and referred to the
Senate Committee on Finance.
No further action was taken on H.R. 4 in the 110th
Congress.
BREAST CANCER PATIENT PROTECTION ACT OF 2008
(H.R. 758, H.R. 119, S. 459)
To require that health plans 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. 758 requires health insurers to cover minimum lengths
of stay for patients undergoing procedures to treat and
diagnose breast cancer and also provides for secondary
consultations. This bill would prevent insurers from forcing
women to leave the hospital before it is medically safe to do
so and would help assure that women have access to the most
medically appropriate treatment. Insurers would be required to
pay for hospital stays of at least 48 hours in the case of
mastectomies and lumpectomies and 24 hours in the case of lymph
node dissection for the treatment of breast cancer. Insurers
would also be required to provide for secondary consultations
in the event of either a positive or a negative test to confirm
or refute that initial diagnosis. To guarantee that patients
understand their rights under this bill, it would also require
that insurers provide notice of these requirements to patients.
The bill, as reported, would also create an independent review
process for consumers in the individual health insurance market
in the event of non-renewal, discontinuation, or rescission of
a health insurance policy. Insurers would be required to
continue coverage under such policy until completion of the
independent review.
Legislative History
H. R. 758 was introduced in the House on January 31, 2007,
by Representative DeLauro. It was 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 February 2, 2007, H.R. 758 was referred to the
Subcommittee on Health. On May 21, 2008, the Subcommittee on
Health held a hearing on H.R. 758.
On September 17, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 758 was ordered
favorably reported, amended, by a voice vote.
On September 23, 2008, the Committee on Energy and Commerce
reported H.R. 758 to the House, amended (H. Rept. 110-868, Part
1). The Committee on Ways and Means and the Committee on
Education and Labor were each discharged from further
consideration of H.R. 758.
On September 25, 2008, H.R. 758 passed the House, as
amended, under suspension of the rules, by a rollcall vote:
421-2.
The bill was received in the Senate on September 25, 2008,
but no further action was taken in the 110th Congress.
CHILDREN'S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007
(H.R 976, H.R. 3162, H.R. 3963, S. 1893)
To amend title XXI of the Social Security Act to extend and
improve the Children's Health Insurance Program, and for other
purposes.
Summary
H.R. 976 reauthorizes the State Children's Health Insurance
Program. This legislation invests an additional $35 billion
over five years to strengthen SCHIP's financing, increases the
number of low-income children with health insurance coverage,
and improves the quality of healthcare children receive. This
legislation will provide health coverage to millions of low-
income children who are currently uninsured. Quality dental
coverage will be provided to all enrolled children as well.
H.R. 976 will ensure that states offer mental health services
on par with medical and surgical benefits covered under SCHIP.
Medically necessary benefits for low-income children will also
be protected.
H.R. 976 will provide coverage to pregnant women as a new
state option. It also preserves the option to cover them
through a state waiver or through regulation. States would be
prohibited from granting any new waivers to cover parents in
the SCHIP program, but States that have already received
waivers to cover low-income parents will be allowed to
transition parents into a separate block grant. The federal
match for services to parents covered through SCHIP will be
reduced. This legislation retains the current law prohibition
of waivers to allow coverage of childless adults. Currently
covered childless adults will transition off SCHIP. For States
that have received CHIP waivers to cover childless adults, the
agreement terminates those waivers after a one-year period,
provides temporary Medicaid funding for already-enrolled
adults, and allows States to apply for a Medicaid waiver for
coverage.
Under the financing structure, States will receive state-
based allotments that are responsive to state demographic and
national spending trends and allow additional up-front funding
for States planning improvements. States that face a funding
shortfall and meet enrollment goals will receive an adjustment
payment to ensure that no child who is eligible for Medicaid or
SCHIP is denied coverage or placed on a waiting list. The
formula also sets in place new overall caps on federal funding
to ensure the program's expenditures do not exceed the amounts
authorized.
H.R. 976 replaces the flawed CMS August 17th letter to
states. In place of the CMS letter, this legislation gives
states time and assistance in developing and implementing best
practices to address crowd out. The agreement also puts the
lowest income children first in line by phasing in a new
requirement for coverage of low-income children as a condition
of receiving SCHIP funding for coverage of children above 300
percent of the poverty level. The bill also provides $100
million in grants for new outreach activities to States, local
governments, schools, community-based organizations, safety-net
providers, and others. A new quality child health initiative is
established to develop and implement quality measures and
improve state reporting of quality data. H.R. 976 will expand
on current premium assistance options for states, as the bill
allows States to offer a premium assistance subsidy for
qualified, cost-effective employer-sponsored coverage to
children eligible for SCHIP. It also changes the federal rules
governing employer-sponsored insurance to make it easier for
States and employers to offer premium assistance programs.
Legislative History
H.R. 976 was introduced in the House on February 9, 2007,
by Representative Rangel. As passed in the House, H.R. 976 was
the Small Business Tax Relief Act of 2007.
During Senate consideration of H.R. 976, text similar to S.
1893, the ``Children's Health Insurance Program Reauthorization
Act of 2007,'' was substituted in H.R. 976.
On August 2, 2007, H.R. 976 passed the Senate, amended, by
a rollcall vote: 68-31.
On September 25, 2007, the House agreed to the Senate
amendment to H.R. 976, with amendments, by a rollcall vote:
265-159, and 1 present.
On September 27, 2007, the Senate agreed to the House
amendments to the Senate amendments by a rollcall vote: 67-29,
clearing the measure for the White House.
H.R. 976 was presented to the President on October 2, 2007,
and vetoed on October 3, 2007.
The veto was sustained in the House on October 18, 2007,
when the House failed to override the veto of H.R. 976 by a
rollcall vote: 273-156, two-thirds failing to vote in the
affirmative.
PROTECTING CHILDREN'S HEALTH IN SCHOOLS ACT OF 2007
(H.R. 1017, S. 578)
To amend title XIX of the Social Security Act to improve
requirements under the Medicaid Program for items and services
furnished in or through an educational program or setting to
children, including children with developmental, physical, or
mental health needs, and for other purposes.
Summary
H.R. 1017 ensures access to school-based health care for
children, including children with special needs through
Medicaid. This legislation includes related administrative and
transportation costs and health care provided through Medicaid
managed care organizations. H.R. 1017 also directs the
Secretary of Health and Human Services and the Secretary of
Education, acting jointly, to develop and implement a uniform
methodology for claims under this Act.
Legislative History
H.R. 1017 was introduced on February 13, 2007, by
Representative Dingell and referred to the Committee on Energy
and Commerce.
No further action was taken on H.R. 1017 in the 110th
Congress.
HIPAA RECREATIONAL INJURY TECHNICAL CORRECTION ACT
(H.R. 1076, S. 616)
To promote health care coverage parity for individuals
participating in legal recreational activities or legal
transportation activities.
Summary
H.R. 1076 amends the Employee Retirement Income Security
Act of 1974 (ERISA), the Public Health Service Act, and the
Internal Revenue Code to require any limitations and
restrictions on benefits be explicit and clear, require that
they be disclosed to the sponsor of the group health plan in
advance of the point of sale to the group health plan, and
require that the issuer of the health insurance coverage make
available to participants and beneficiaries in an easily
understandable manner a description of the limitations and
restrictions upon their enrollment.
Legislative History
On February 15, 2007, H.R. 1076 was referred to the
Committee on Energy and Commerce, and in addition to the
Committees on Ways and Means, and Education and Labor, 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.
For further action on H.R. 1076 in the 110th Congress, see
H.R. 6908.
EMERGENCY ECONOMIC STABILIZATION ACT OF 2007
(H.R. 1424, S. 558)
To amend section 712 of the Employee Retirement Income
Security Act of 1974, section 2705 of the Public Health Service
Act, and section 9812 of the Internal Revenue Code of 1986 to
require equity in the provision of mental health and substance-
related disorder benefits under group health plans as compared
to coverage of physical conditions.
Summary
As first introduced in the House, H.R. 1424 was the Paul
Wellstone Mental Health and Addiction Equity Act of 2007. As
introduced in the House, this bill permanently reauthorizes and
expands the Mental Health Parity Act of 1996 to provide for
equity in the coverage of mental health and substance use
disorders compared to medical and surgical disorders. The
legislation ensures that group health plans do not charge
higher co-payments, coinsurance, deductibles, and impose
maximum out-of-pocket limits and lower day and visit limits on
mental health and addiction care than for medical and surgical
benefits. The Department of Health and Human Services, the
Department of Labor, and the Internal Revenue Service may
penalize health plans for discriminatory practices under the
bill and individuals may bring a private right of action to
receive covered benefits.
This bill excludes employers with 50 or less employees from
the requirements, does not constrain a plan's ability to
require medical necessity or apply other types of medical
management on the benefits, and permits employers and plans to
be exempted from the parity requirements if an actuary finds
that claims costs would be increased by 2 percent or more as a
result of implementing parity in the first year or 1 percent or
more in subsequent years. This bill does apply to the
individual market. Enforcement of the bill's provisions is
through the Internal Revenue Code, where an employer can be
penalized for violations of the law's requirements.
Legislative History
H.R. 1424 was introduced in the House on March 9, 2007, by
Representative Kennedy. It was referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Education and Labor, and the Committee on Ways and Means.
On March 12, 2007, H.R. 1424 was referred to the
Subcommittee on Health. On June 15, 2007, the Subcommittee on
Health held a hearing on H.R. 1424.
On October 10, 2007, the Subcommittee on Health met in an
open markup session and H.R. 1424 was forwarded to the full
Committee, amended, by a voice vote.
On October 15, 2007, the Committee on Education and Labor
reported H.R. 1424 to the House, amended (H. Rept. 110-374,
Part 1).
On October 15, 2007, the Committee on Ways and Means
reported H.R. 1424 to the House, amended (H. Rept. 110-374,
Part 2).
On October 16, 2007, the Committee on Energy and Commerce
met in an open markup session and H.R. 1424 was ordered
favorably reported, as amended, by a rollcall vote: 32-13.
On March 4, 2008, the Committee on Energy and Commerce
reported H.R. 1424 to the House, amended (H. Rept. 110-374,
Part 3).
On March 5, 2008, H.R. 1424 passed the House, amended, by a
rollcall vote: 268-148.
On March 6, 2008, H.R. 1424 was received in the Senate and
placed on the Senate Legislative Calendar under General Orders.
The Senate amended H.R. 1424 and used this bill as a
vehicle for the Emergency Economic Stabilization Act of 2008.
For further action on H.R. 1424, see H.R. 6983, the ``Paul
Wellstone and Pete Domenici Mental Health Parity and Addiction
Equity Act of 2008'' would be included in the Emergency
Economic Stabilization Act of 2008.
CHILDREN'S HEALTH FIRST ACT
(H.R. 1535, S. 895)
To amend titles XIX and XXI of the Social Security Act to
ensure that every child in the United States has access to
affordable, quality health insurance coverage, and for other
purposes.
Summary
H.R. 1535 amends title XXI (State Children's Health
Insurance Program or SCHIP) of the Social Security Act to grant
States the option to expand coverage of children whose family
income is any percentage up to 400 percent of the poverty-line.
The bill authorizes States to offer purchase of coverage for
uncovered children under SCHIP who are not otherwise eligible
for assistance under SCHIP or Medicaid. It also provides
subsidies for employment-based coverage of children eligible
for SCHIP or Medicaid and requires coverage of early and
periodic screening, diagnostic, and treatment services,
including dental services, federally-qualified health services,
and rural health clinic services.
H.R. 1535 establishes the Medicaid-SCHIP Payment Advisory
Commission. The bill also provides for an increase in the
federal medical assistance percentage (FMAP) for medical
assistance for children in States that expand coverage of
children. State options are outlined for additional coverage
expansions, including older children under Medicaid, targeted
low-income pregnant women under SCHIP, and legal immigrants
under both programs. New base SCHIP allotments are established
that are responsive to increases in health care costs and
enrollment expansions. H.R. 1535 provides for a two-year
initial availability of SCHIP allotments, and for
redistribution of unused allotments to address State funding
shortfalls. It prescribes a special rule for school-based
outreach and enrollment activities. States are given theoption
to require certain individuals to present satisfactory documentary
evidence of citizenship or nationality for Medicaid eligibility. States
are also given the option to provide for ``express lane'' and
simplified determinations of a child's financial eligibility for
Medicaid or SCHIP.
The Secretary of Health and Human Services is directed to
develop and disseminate a model process for the coordination of
Medicaid and SCHIP enrollment and coverage of children who
frequently change their state of residency or are temporarily
outside such state. State Medicaid plans are required to apply
outreach procedures to all pregnant women and children.
Legislative History
H.R. 1535 was introduced in the House on March 15, 2007, by
Representative Dingell and referred to the Committee on Energy
and Commerce. No further action was taken on H.R. 1535 in the
110th Congress.
CHILDREN'S DENTAL HEALTH IMPROVEMENT ACT OF 2007
(H.R. 1781, S. 739)
To provide disadvantaged children with access to primary
dental care services.
Summary
H.R. 1781 amends title V (Maternal and Child Health
Services) of the Social Security Act to: (1) direct the
Secretary of Health and Human Services to award grants to
states to improve dental services to children enrolled in
Medicaid or the State Children's Health Insurance Program
(SCHIP); (2) include dental services as a basic service under
SCHIP; and (3) allow states to provide wrap-around coverage
under SCHIP for dental services to privately-insured children.
The bill also amends title XVIII (Medicare) of the Social
Security Act to revise Graduate Medical Education (GME)
payments for dental residency programs. The Public Health
Service Act is amended to require the Secretary, acting through
the Health Resources and Services Administration (HRSA), to
establish a grant program to expand the availability of primary
dental care services in dental health professional shortage
areas or medically underserved areas.
The Secretary of HHS would be required to establish
demonstration projects to increase access to dental services
for children in underserved areas. The Secretary would also be
directed to establish: (1) an oral health initiative to reduce
disparities in oral health; and (2) Chief Dental Officers for
Medicaid and SCHIP, HRSA, and the Centers for Disease Control
and Prevention (CDC). H.R. 1781 requires the Director of the
CDC to collect data on dental, craniofacial, and oral health
and requires the Secretary of HHS to identify populations at
high risk for early childhood caries (tooth decay) and to
develop prevention programs. The eligibility requirements are
revised for the school-based dental sealant program to include
Indian tribes. The bill also directs the Secretary, acting
through the Director of the CDC, to award grants to states and
Indian tribes to improve their basic capacity to improve the
oral health of children and their families.
Legislative History
H.R. 1781 was introduced in the House on March 29, 2007, by
Representative Dingell. It was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways
and Means.
No further action was taken on H.R. 1781 in the 110th
Congress.
MEDICARE FOR ALL ACT
(H.R. 2034, S. 1218)
To provide quality, affordable healthcare for all
Americans.
Summary
H.R. 2034 amends the Social Security Act to provide that
all Americans will be entitled to Medicare benefits. Each
enrollee can maintain the coverage they have today or choose to
enroll in Medicare. Enrollees are free to choose their own
doctor and private health plan and benefits are similar to or
no less than the health benefits coverage under the FEHBP
(Federal Employees Health Benefits Program). The bill also
establishes the Medicare for All Trust Fund. H.R. 2034 amends
the Internal Revenue Code to impose: (1) on the income of every
enrolled individual a tax equal to 1.7% of wages received in
excess of $25,000; (2) on every employer an excise tax equal to
7% of the wages paid to each enrolled employee; and (3) on the
self-employment income of every enrolled individual, a tax
equal to the applicable percentage of the self-employment
income for such taxable year in excess of $25,000.
Legislative History
H.R. 2034 was introduced in the House on April 25, 2007, by
Representative Dingell. It was referred to the Committee on
Ways and Means, and in addition to the Committee on Energy and
Commerce, and the Committee on Oversight and Government Reform.
No further action was taken on H.R. 2034 in the 110th
Congress.
CHILDREN'S HEALTH AND MEDICARE PROTECTION ACT OF 2007
(H.R. 3162, H.R. 976, H.R. 3963, S. 1893)
To amend titles XVIII, XIX, and XXI of the Social Security
Act to extend and improve the children's health insurance
program, to improve beneficiary protections under the Medicare,
Medicaid, and CHIP programs, and for other purposes.
Summary
This bill reauthorizes the State Children's Health
Insurance Program (SCHIP) that was created as part of the
Balanced Budget Act of 1997. This legislation invests an
additional $35 billion over five years to ensure that States
have predictable funding streams for the SCHIP program,
increase the number of low-income children with health
insurance coverage, and improve the quality of health care
children receive. States that adopt a menu of outreach ``best
practices'' and successfully reach previously-uninsured
children would be eligible for a ``performance bonus.'' The
menu of ``best practices'' includes enrollment in a plan for a
full year, providing children care while their applications are
being completed if it is presumed that the child will be found
eligible, less burdensome renewals, flexibility in
determination of assets, elimination of in-person interviews,
express lane service, and use of a joint application of
Medicaid and SCHIP. In order to be eligible for the
``performance bonus'', States must implement five out of seven
of these best practices. States would be allowed to cover
pregnant women and older children, as well as legal immigrant
children and legal immigrant pregnant women, who otherwise meet
the requirements for coverage under CHIP.
H.R. 3162 would provide children with a benefits package
that includes coverage of dental care and mental health
services. States would have the flexibility to provide
children's coverage through whatever delivery arrangement works
best, whether through an HMO, PPO, or other arrangement. To
further ensure that coverage meets children's needs, the
Secretary of Health and Human Services (HHS) could approve
``alternate'' benefits packages if those packages met or
exceeded existing benchmark coverage.
This legislation also focuses on improving quality. The
Secretary of HHS would be required to develop a pediatric
health quality program that evaluates and improves the quality
of pediatric care on clinical and programmatic levels. The
Secretary would work with pediatric providers, children's
advocates, and other experts on children's health care to
develop child-centered quality measures. A new, independent
Commission, the Children's Access, Payment and Equality
Commission (CAPE), would advise Congress on important issues
regarding children's health care. This Commission would be
charged with monitoring access to care and services, and the
adequacy of provider payments under both SCHIP and Medicaid.
The Commission would also examine issues of health disparities
and underserved areas.
Community health centers (CHCs) and rural health centers
(RHCs) are important as the primary source of care for millions
of children. Children covered under SCHIP would have guaranteed
access,just like children covered under Medicaid, and CHCs and
RHCs would receive adequate payments. The current ability of States to
cover services in school clinics would be clarified, and CAPE would
specifically monitor the status of safety net providers.
H.R. 3162 also invests in improvements for Medicare
beneficiaries. The bill provides Medicare with the authority to
use the recommendations of the U.S. Preventive Health Services
Task Force to add new preventive health benefits without
Congressional approval. It also waives cost sharing for
preventive benefits and provides for mental health parity. The
CHAMP Act expands and improves the Low Income Subsidy (LIS)
program for drugs and the Medicare Savings Programs (MSP),
which help ensure affordable health care for seniors and people
with disabilities with lower incomes. It does this by expanding
income eligibility, improving assets tests, enhancing outreach
and education for the LIS and MSP, and eliminating the Part D
late enrollment penalty for LIS eligible individuals. In an
effort to reduce health disparities, H.R. 3162 would collect
data necessary to better track and address racial and ethnic
disparities in the Medicare program. Consumer protections would
be strengthened as well under this legislation. Beneficiaries
would be allowed to change drug plans if their drug plan
formulary changes during the year, Part D plans would be
required to cover all drugs in six important therapeutic
classes of drugs, and the prohibition on coverage of
benzodiazepines would be eliminated.
The CHAMP Act would stabilize physician reimbursement by
eliminating the impending 2008 and 2009 fee cuts and putting in
place a positive 0.5 percent update in both years. Parameters
are established for fixing the physician fee system by
prioritizing primary care. The bill also initiates a nationwide
demonstration project to test the practice of providing a
medical home for patients in which their personal physician is
paid to coordinate their care.
The CHAMP Act includes provisions relating to Medicare
Advantage, such as a payment adjustment to plans to bring
closer in line with fee-for-service payments in Medicare,
enrollment limitations, and a repeal of the regional PPO
stabilization fund created in the MMA to provide incentive
payments to certain types of private plans. This legislation
also protects beneficiaries by developing a Federal/State
system to regulate private plan marketing and other activities
and providing more information about plan spending on health
care services. Private plans would be prohibited from charging
higher cost-sharing than FFS Medicare. All private plans,
including private fee-for-service plans, would be required to
report quality data to CMS in order to measure the quality of
care. Also, dual Medicare-Medicaid special needs plans (SNPs)
and Institutional SNPs would be reauthorized for three years
with new requirements to assure that they are enrolling their
target populations.
In terms of rural health improvements, H.R. 3162 would
preserve payment enhancements for rural Medicare fee-for-
service providers. Taking into account recommendations from the
non-partisan Medicare Payment Advisory Commission, the bill
refines payments for a variety of institutional providers
covered under Medicare Part A including skilled nursing
facilities, rehabilitation facilities, long-term care
hospitals, cancer hospitals and rural and small urban
hospitals. Part B improvements include: continuing the therapy
cap exceptions process and planning for an improved payment
system; improving coverage for speech-language pathologists,
nurse midwives, marriage and family therapists, and mental
health counselors; and assuring access to clinical social
workers for beneficiaries in nursing homes. This legislation
would end the ability of physicians to refer patients to
hospitals in which they have ownership. The bill would also
reduce the rental period for oxygen equipment and eliminate the
first month purchase of wheelchairs. The ESRD payment system is
modernized, quality programs are put in place, and patient-
education services for pre-dialysis beneficiaries are provided.
Other Medicare provisions include establishing a
comparative effectiveness program to provide information that
doctors and patients need to choose the best treatments,
leading to better health outcomes and value nationwide. The
Medicare agency is required to design a program to require
adoption of an interoperable open source health information
technology system for all Medicare providers. The CHAMP Act
would also eliminate a provision from the Medicare Prescription
Drug Improvement and Modernization Act designed to reduce
Medicare spending.
Medicaid provisions include: maintaining access to school-
based services and rehabilitation services for children with
severe disabilities; extending for two years the Transitional
Medical Assistance program (TMA); providing States a new option
to offer family planning services to women; protecting
beneficiaries who currently receive adult day health care from
having that care terminated; increasing Medicaid resources for
Puerto Rico and the U.S. Territories; and increasing the rebate
provided from drug manufacturers to the Medicaid program by 5
percent.
As a source of revenue, a new $0.45 Federal tax would be
levied on tobacco products and fuel excise taxes would be
exempt for ambulance fuel.
Legislative History
H.R. 3162 was introduced on July 24, 2007, by
Representative Dingell. It was referred to the Committee on
Energy and Commerce, and in addition to the Committee on 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.
On July 24, 2007, H.R. 3162 was referred to the
Subcommittee on Health.
On July 26 and July 27, 2007, the Committee on Energy and
Commerce met in open markup sessions to consider H.R. 3162.
On August 1, 2007, the Committee on Ways and Means reported
H.R. 3162 to the House, amended (H. Rept. 110-284, Part 1).
On August 1, 2007, H.R. 3162 was considered in the House
according to the provisions of H. Res. 594. That same day, H.R.
3162 passed the House, amended, by a rollcall vote: 225-204.
On September 4, 2007, H.R. 3162 was received in the Senate
and placed on the Senate Legislative Calendar under General
Orders.
For further action on H.R. 3162, see H.R. 976, which was
vetoed by the President on October 3, 2007.
CHILDREN'S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007
(H.R. 3963, H.R. 976)
Summary
H.R. 3963 reauthorizes the Children's Health Insurance
Program, investing an additional $35 billion over five years to
strengthen SCHIP's financing, increase health insurance
coverage for low-income children, and improve the quality of
health care children receive. An additional 100,000 of the
lowest-income children would be covered under this proposal
compared to H.R. 976. Also, the effective date of the
moratorium on school-based care for the disabled and
rehabilitation services are extended from May 24, 2008 to
January 1, 2010.
This legislation provides incentives to find and enroll
uninsured children and permits States to only receive Federal
funding for children covered in CHIP with family incomes up to
$51,510 (300% of the Federal poverty level for a family of 3).
States would receive performance bonus payments for finding and
enrolling the lowest income uninsured children. The bill
further minimizes the substitution of employer-sponsored
coverage with CHIP coverage. All States are required to submit
plans and implement recommended best practices for helping kids
already covered stay in employer-sponsored coverage and States
are encouraged to use CHIP dollars to subsidize employer-
sponsored health insurance for children as an option.
H.R. 3963 will ensure that SCHIP money is used to cover
children. Coverage of childless adults is phased out after one
year. This legislation will clarify and strengthen SCHIP as a
program for U.S. Citizens. It will also clarify the role of the
Social Security Administration (SSA) in verifying citizenship
for purposes of Medicaid and CHIP eligibility. SSA will verify
the name, social security number, and place of birth of
enrollees and applicants. This will assist States in
identifying potential non-citizens and permit States to follow-
up. States will not receive Federal funding for payments made
to non-citizens.
Legislative History
H.R. 3963 was introduced on October 24, 2007, by
Representative Dingell. It was referred to the Committee on
Energy and Commerce, and in addition to the Committees on Ways
and Means,Oversight and Government Reform, House
Administration, and Education and Labor 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 October 25, 2007, H.R. 3963 passed the House by a
rollcall vote: 265-142. On November 1, 2007, the bill passed
the Senate without amendment by a rollcall vote: 64-30.
It was presented to the President on November 30, 2007, and
vetoed by the President on November 12, 2007.
On January 23, 2008, the House failed to override the
President's veto by a rollcall vote: 260-152, two-thirds
failing to vote in the affirmative.
MEDICAID FEDERAL MEDICAL ASSISTANCE PERCENTAGE
(H.R. 5268, S. 2620)
To provide for a temporary increase of the Federal medical
assistance percentage under the Medicaid Program, and for other
purposes.
Summary
Section one of H.R. 5268 provides a temporary increase of
the Federal medical assistance percentage (FMAP) under the
Medicaid program by 2.95 percentage points for 5 quarters, the
last 2 quarters of fiscal year 2008 and the first 3 quarters of
fiscal year 2009 (April 1, 2008, through June 30, 2009). This
legislation will provide an analogous temporary increase of the
Medicaid FMAP by 5.90 percent for the territories. States are
protected against a decline in their Medicaid FMAP for the last
2 quarters of fiscal year 2008 and the first 3 quarters of
fiscal year 2009 (April 1, 2008, through June 30, 2009). States
are also required to maintain their Medicaid eligibility at
current levels in order to receive the 2.95 percentage point
temporary increase, and States are required to adjust payments
by localities and counties to the State share to account for
additional Federal funding.
Section two of H.R. 5268 exempts extraordinary employer
pension contributions from the calculation of personal income
for the purposes of establishing a State's Federal medical
assistance percentage, and no State shall have its Medicaid
FMAP reduced as a result of this section.
Legislative History
H.R. 5268 was introduced in the House on February 7, 2008,
by Representative Pallone and referred to the Committee on
Energy and Commerce. No further action was taken on H.R. 5268
in the 110th Congress.
An FMAP provision similar to H.R. 5268 was placed into H.R.
7110, the ``Job Creation and Unemployment Relief Act of 2008.''
PROTECTING CHILDREN'S HEALTH COVERAGE ACT OF 2008
(H.R. 5998)
To nullify any effectiveness of the August 17, 2007, State
health official letter issued by the Centers for Medicare &
Medicaid Services.
Summary
On August 17, 2008, the Bush Administration issued a letter
to State Medicaid and SCHIP directors outlining new guidance to
``ensure that extension of eligibility to children at these
higher effective income levels [above 250 percent of the
federal poverty level or $44,000 for a family of three] do not
interfere with the effective and efficient provision of child
health assistance coordinated with other sources of health
benefits coverage to the core SCHIP population of uninsured
targeted low income children.'' (CMS, Guidance by Center for
Medicaid State Operations SHO #07-001, August 17, 2007). This
letter, commonly referred to as the ``August 17th directive,''
requires States to meet certain conditions in order to cover
children in families with annual incomes above $44,000 for a
family of three (250 percent of the Federal poverty level for a
family of three). H.R. 5998 would nullify the August 17th
directive and subsequent guidance based on that letter. It
would also ensure that States that had planned to expand
coverage and whose applications were denied or scaled back as a
result of the August 17th directive, could now obtain a new,
expedited determination on their initiative from CMS within 30
days of the enactment of the Act.
Legislative History
H.R. 5998 was introduced on May 5, 2008, and referred to
the Committee on Energy and Commerce.
No further action on H.R. 5998 was taken in the 110th
Congress.
PROTECTING RECORDS, OPTIMIZING TREATMENT, AND EASING COMMUNICATION
THROUGH HEALTHCARE TECHNOLOGY ACT OF 2008 PRO(TECH)T ACT OF 2008
(H.R. 6357)
To amend the Public Health Service Act to promote the
adoption of health information technology, and for other
purposes.
Summary
H.R. 6357 amends the Public Health Service Act (PHSA) to
promote the adoption of health information technology. This
legislation would establish the Office of the National
Coordinator for Health Information Technology (ONCHIT). The
National Coordinator would be responsible for a number of
duties including the development standards that would allow for
the electronic exchange and use of health information. The PHSA
would be amended to authorize the National Coordinator to award
competitive grants for: (1) the purchase of electronic medical
records; and (2) the implementation of regional or local health
information plans.
H.R. 6357 would establish an HIT Policy Committee to make
policy recommendations to the National Coordinator relating to
the implementation of a nationwide health information
technology infrastructure that is private and secure. An HIT
Standards Committee would be established as well. This
Committee would be responsible for making recommendations to
the National Coordinator on standards, implementation
specifications, and certification criteria for the electronic
exchange and use of health information.
The Secretary of Health and Human Services would be given
the authority to award grants for demonstration projects to
develop academic curricula integrating qualified health
information technology in the clinical education of health
professionals. The Director of the National Institute for
Standards and Technology would be required to: (1) test
standards and specifications under this Act in order to assure
their efficient implementation and use; and (2) assist
institutions of higher education in establishing
multidisciplinary Centers for Health Care Information
Enterprise Integration. H.R. 6357 also directs the National
High-Performance Computing Program to coordinate federal
research and development programs related to the development
and deployment of health information technology.
This legislation would also improve and expand current
federal privacy protections. Among these requires, the bill
would require notification of individuals whose unencrypted
protected health information has been accessed or acquired as a
result of a breach. It would require that all entities that
work with providers and insurers in performing functions for
them meet all federal privacy laws. The bill requires providers
to gain consent from an individual before their information is
disclosed to others for performing healthcare operations.
Legislative History
H.R. 6357 was introduced in the House on June 24, 2008, by
Representative Dingell. It was referred to the Committee on
Energy and Commerce, and in addition to the Committees on
Science and Technology, 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.
On June 24, 2008, H.R. 6357 was referred to the
Subcommittee on Health.
On June 25, 2008, the Subcommittee on Health met in an open
markup session and forwarded H.R. 6357 to the full Committee by
a voice vote.
On July 27, 2008, the full Committee met in an open markup
session and H.R. 6357 was ordered favorably reported, amended,
by a voice vote.
On September 11, 2008, the Committee on Energy and Commerce
reported H.R. 6357 to the House, amended (H. Rept. 110-837,
Part 1). That same day, the Committee on Science and Technology
was discharged from further consideration of the measure.
On October 3, 2008, the Committee on Ways and Means was
granted an extension for further consideration ending not later
than January 3, 2009.
No further action was taken on H.R. 6357 in the 110th
Congress.
HEALTH INSURANCE RESTRICTIONS AND LIMITATIONS CLARIFICATION ACT OF 2008
(H.R. 6908, H.R. 1076)
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
On February 15, 2007, Congressman Michael Burgess (R-TX)
and Congressman Bart Stupak (D-MI) introduced H.R. 1076, the
``HIPAA Recreational Injury Technical Correction Act,'' which
had 122 cosponsors. Congressman Burgess and Stupak subsequently
introduced related legislation, H.R. 6908, the ``Health
Insurance Restrictions and Limitations Clarification Act of
2008,'' which would require any limitations and restrictions on
benefits be explicit and clear; that they be disclosed to the
sponsor of the group health plan in advance of the point of
sale to the group health plan; and that the issuer of the
health insurance coverage make available to participants and
beneficiaries in an easily understandable manner a description
of the limitations and restrictions upon their enrollment.
Legislative History
H.R. 6908 was introduced in the House on September 16,
2008, by Representative Burgess. It was referred to the
Committee on Energy and Commerce, and in addition to the
Committees on Education and Labor, 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.
On September 17, 2008, the Committee on Energy and Commerce
met in an open markup session and H.R. 6908 was ordered
favorably reported by a voice vote.
On September 23, 2008, the Committee on Energy and Commerce
reported H.R. 6908 to the House (H. Rept. 110-870, Part 1). The
Committee on Ways and Means and the Committee on Education and
Labor were each discharged from further consideration of the
measure.
On September 23, 2008, H.R. 6908 passed the House, as
amended, under suspension of the rules by a voice vote, two-
thirds having voted in favor.
On September 25, 2008, the bill was received in the Senate,
but no further action was taken in the 110th Congress.
Health Finance
Oversight Activities
COVERING THE UNINSURED THROUGH THE EYES OF A CHILD (DAY 1)
On February 14, 2007, the Subcommittee on Health held the
first of two oversight hearings that provided a look at the
problem of uninsured children in the United States. This
hearing provided an overview of the characteristics of
uninsured children, where are they located, whether they have
access to affordable insurance, and the benefits insurance
offers for improvement in health outcomes. The subcommittee
received testimony from the Congressional Research Service, an
associate professor from the Department of Health Policy at the
George Washington School of Public Health and Health Services,
a senior policy analyst from the Center for Health Policy
Studies at the Heritage Foundation, and several community
leaders.
COVERING THE UNINSURED THROUGH THE EYES OF A CHILD (DAY 2)
On March 1, 2007, the Subcommittee on Health held the
second of two oversight hearings that provided a look at the
problem of uninsured children in the United States. This
hearing focused specifically on the State Children's Health
Insurance Program (SCHIP) and improvements that Congress should
consider when the program is reauthorized this year. The
subcommittee received testimony from the Director of Health
Care at the Government Accountability Office, a New Jersey
State Senator, the president of the American Academy of
Pediatrics, the director of Florida's Children's Health
Services, and the medical director of a children's hospital.
EXPLORING OPTIONS FOR IMPROVING THE MEDICARE PHYSICIAN PAYMENT SYSTEM
On March 6, 2007, the Subcommittee on Health held an
oversight hearing to provide an overview of recommendations
from the Medicare Payment Advisory Commission (MedPAC) related
to physician payment under Medicare, challenges in ensuring
adequacy of physician payments, and beneficiary concerns with
respect to the physician payment system. The hearing included
two panels of witnesses. On the first panel, the subcommittee
received testimony from the Chairman of MedPAC. On the second
panel, the subcommittee heard from the Director of Health Care
at the Government Accountability Office, a professor of
medicine at Dartmouth University, and a Member of AARP.
INSURING BRIGHT FUTURES: INSURING ACCESS TO DENTAL CARE AND PROVIDING A
HEALTHY START FOR CHILDREN
On March 27, 2007, the Subcommittee on Health held an
oversight hearing to explore the importance of dental coverage
for children and access to dental care in the State Children's
Health Insurance Program (SCHIP) and Medicaid. The hearing also
examined the importance of early health care interventions for
children in ensuring children have an early, healthy start,
including mental health coverage. The subcommittee hearing was
prompted by the death of two children--a 12-year-old boy in
Maryland and a six-year-old boy in Mississippi--who died as a
result of delayed dental care. The subcommittee received
testimony from two panels of witnesses. Witnesses included the
Executive Director of the National Governor's Association, the
President of the American Dental Association, the Dental
Director of the State of Mississippi, and other children's
health advocates.
MEDICARE PROGRAM EFFICIENCY AND INTEGRITY
On April 18, 2007, the Subcommittee on Health held an
oversight hearing to explore different ways in which the
Medicare program could operate more efficiently. The hearing
also investigated issues related to fraud, waste, and abuse
within the Medicare program. The subcommittee received
testimony from the Medicare Payment Advisory Commission, the
Centers on Medicare and Medicaid Services, the U.S. Department
of Health and Human Services, and the Department of Justice.
LIVING WITHOUT HEALTH INSURANCE: WHY EVERY AMERICAN NEEDS COVERAGE
On April 25, 2007, the Subcommittee on Health held an
oversight hearing to explore the current status of those who
lack health insurance in the United States: who the uninsured
are, what it means for individuals and families to be
uninsured, and the impact on communities, employers, and the
country as a whole to have a large population ofuninsured
persons. The subcommittee received testimony from former Senator Thomas
A. Daschle, the International President of the American Federation of
State, County, and Municipal Employees, the Secretary of Health from
the State of Vermont, a representative from the Chamber of Commerce,
and a number of other health care providers and advocates.
MEDICARE SAVINGS PROGRAMS AND LOW INCOME SUBSIDY: KEEPING MEDICARE'S
PROMISE FOR SENIORS AND PEOPLE WITH DISABILITIES
On May 15, 2007, the Subcommittee on Health held an
oversight hearing to review the two low-income assistance
programs that provide assistance with Medicare premiums,
deductibles, and cost-sharing for low-income Medicare
beneficiaries: Medicare Savings Programs (MSP) and the Low
Income Subsidy program (LIS). The subcommittee received
testimony from the Medicare Rights Center, the American Health
Care Association, AARP, Health and Disability Advocates, a
dual-eligible beneficiary, and the Social Security
Administration's Regional Commissioner from the New York
region.
HELPING FAMILIES WITH NEEDED CARE: MEDICAID'S CRITICAL ROLE FOR
AMERICANS WITH DISABILITIES
On January 16, 2008, the Subcommittee on Health held an
oversight hearing to explore Medicaid's coverage for people
with disabilities, including children with disabilities, the
frail elderly, those with physical disabilities, as well as
persons with mental illness and intellectual impairments. The
subcommittee received testimony from a number of advocates for
the disability community.
COVERING UNINSURED KIDS: MISSED OPPORTUNITIES FOR MOVING FORWARD
On January 29, 2008, the Subcommittee on Health held an
oversight hearing that examined the role that Medicaid and the
Children's Health Insurance Program play in providing insurance
coverage for children and how recent efforts may have improved
or detracted from the ability of families to secure affordable
coverage for their uninsured children. The subcommittee heard
testimony from two panels of witnesses. The first panel
included the Congressional Research Service, Georgetown
University's Health Policy Institute, First Focus, the mother
of an SCHIP beneficiary, and the Director of the Schroeder
Center for Healthcare Policy at the College of William and
Mary. The second panel consisted of the Center for Medicare and
Medicaid Services, the Deputy Commissioner of the New Jersey
Department of Human Services, and the President and CEO of the
New Hampshire Healthy Kids Corporation.
COVERING UNINSURED KIDS: REVERSING PROGRESS ALREADY MADE
On February 26, 2008, the Subcommittee on Health held an
oversight hearing that explored the effect of the August 17th
directive issued by the Centers for Medicare and Medicaid
Services (CMS) on State efforts to cover the uninsured, the
State Children's Health Insurance Program (SCHIP), the effect
of recent CMS regulations on State Medicaid and SCHIP programs,
and the effect that the economic downturn is having on State
budgets and enrollment in health programs. The subcommittee
received testimony from one panel of five governors
representing the States of Ohio, Massachusetts, Washington,
Mississippi, and Georgia.
STATE FISCAL RELIEF: PROTECTING HEALTH COVERAGE IN AND ECONOMIC
DOWNTURN
On July 22, 2008, the Subcommittee on Health held an
oversight hearing that examined the fiscal situation that
States are currently facing, the effect of the economic
downturn on Medicaid programs, and the effect that increased
Federal support for Medicaid would have on economic recovery.
The subcommittee received testimony from the American
Federation of State, County, and Municipal Employees, the New
Jersey Department of Health and Senior Services, the American
Enterprise Institute, and the Center for Health Transformation.
AMERICA'S NEED FOR HEALTH REFORM
On September 18, 2008, the Subcommittee on Health held an
oversight hearing to explore the current status of healthcare
coverage in the United States: the successes, the failures and
the problems that need to be addressed. The hearing
specifically examined the role of employer-sponsored coverage,
the individual insurance market, the role of public programs
such as Medicare, Medicaid and the State Children's Health
Insurance Program, State's perspectives on healthcare coverage,
the uninsured, and the underinsured. The subcommittee received
testimony from the Governor of New Jersey, the Center for
American Progress, the Georgetown University Health Policy
Institute, the Commonwealth Fund, the Center for Health
Transformation, and several witnesses that represented the
business sector.
TREATMENTS FOR AN AILING ECONOMY: PROTECTING HEALTHCARE COVERAGE AND
INVESTING IN BIOMEDICAL RESEARCH
On November 13, 2008, the Subcommittee on Health held an
oversight hearing to examine the current fiscal situation
facing States, the effect of the economic downturn on the
healthcare coverage of individuals, the impact on the Medicaid
program, and the effect that increased Federal support would
have on economic recovery. The hearing also explored the
positive economic role that the National Institutes of Health
(NIH) plays in communities across America and how increased
funding for the NIH would stimulate growth and lead to the
creation of jobs across the country. The subcommittee received
testimony from two panels of witnesses. The first panel
consisted of the Governor of Arizona, a Senior Fellow from the
Center for American Progress, the American Enterprise
Institute, the CEO of 48Hour Print, and a Medicaid beneficiary.
The second panel included the Acting Director of the NIH, the
Executive Director of Families USA, the CEO of GlycoMimetics,
Inc, and the Director of the New Jersey Center for
Biomaterials.
Hearings Held
Covering the Uninsured Through the Eyes of a Child (Day
1).--Oversight hearing on covering uninsured children. Hearing
held February 14, 2007. PRINTED, Serial No. 110-6.
Covering the Uninsured Through the Eyes of a Child (Day
2).--Oversight hearing on covering uninsured children. Hearing
held March 1, 2007. PRINTED, Serial No. 110-6.
Exploring Options for Improving the Medicare Physician
Payment System.--Oversight hearing on Exploring Options for
Improving the Medicare Physician Payment System. Hearing held
March 6, 2007. PRINTED, Serial No. 110-13.
The Genetic Information Nondiscrimination Act of 2000.--
Hearing on the Genetic Information Nondiscrimination Act.
Hearing held March 8, 2007. PRINTED, Serial No. 110-15. H.R.
493.
Insuring Bright Futures: Improving Access to Dental Care
and Providing a Healthy Start for Children.--Oversight hearing
on Insuring Bright Futures: Improving Access to Dental Care and
Providing a Healthy Start for Children. Hearing held March 27,
2007. PRINTED, Serial No. 110-25.
Reauthorization of the Prescription Drug User Fee Act.--
Hearing on the Reauthorization of the Prescription Drug User
Fee Act. Hearing held April 17, 2007. PRINTED, Serial No. 110-
29.
Medicare Program Efficiency and Integrity.--Oversight
hearing on Medicare Program Efficiency and Integrity. Hearing
held April 18, 2007. PRINTED, Serial No. 110-30.
Living without Health Insurance: Why Every American Needs
Coverage.--Oversight hearing on Living without Health
Insurance. Hearing held April 25, 2007. PRINTED, Serial No.
110-34.
The Heart Disease Education, Analysis Research, and
Treatment for Women Act.--Hearing on the Heart Disease
Education, Analysis Research, and Treatment for Women Act.
Hearing held May 1, 2007. PRINTED, Serial No. 110-37. H.R.
1014.
The Melanie Blocker-Stokes Postpartum Depression Research
and Health Care Act.--Hearing on The Melanie Blocker-Stokes
Postpartum Depression Research and Health Care Act. Hearing
held May 1, 2007. PRINTED, Serial No. 110-38. H.R. 20.
Assessing the Impact of a Safe and Equitable Biosimilar
Policy in the United States.--Oversight hearing on biosimilar
policy in the United States. Hearing held May 2, 2007. PRINTED,
Serial No. 110-40.
Assessing the Safety of Our Nation's Drug Supply.--
Oversight hearing on assessing the safety of our Nation's drug
supply in response to recent drug safety concerns. Hearing held
May 9, 2007. PRINTED, Serial No. 110-43.
Medicare Savings Programs and Low Income Subsidy: Keeping
Medicare's Promise for Seniors and People with Disabilities.--
Oversight hearing on Medicare Savings Programs and Low Income
Subsidy: Keeping Medicare's Promise for Seniors and People with
Disabilities. Hearing held May 15, 2007. PRINTED, Serial No.
110-45.
Reauthorization of the Medical Device User Fee and
Modernization Act.--Oversight hearing on Reauthorization of the
Medical Device User Fee and Modernization Act. Hearing held May
16, 2007. PRINTED, Serial No. 110-47.
Programs Affecting Safety and Innovation in Pediatric
Therapies.--Oversight hearing on programs affecting safety and
innovation in pediatric therapies. Hearing held May 22, 2007.
PRINTED, Serial No. 110-49.
The Indian Health Care Improvement Act Amendments of
2007.--Hearing on the Indian Health Care Improvement Act
Amendments of 2007. Hearing held June 7, 2007. PRINTED, Serial
No. 110-54. H.R. 1328.
Discussion Drafts Concerning Prescription Drug User Fee Act
Reauthorization, Medical Device User Fee and Modernization Act
Reauthorization, Drug Safety, and Certain Pediatric
Pharmaceutical and Device Legislation.--Hearing on draft
legislation concerning the Prescription Drug User Fee Act
Reauthorization, Medical Device User Fee and Modernization Act
Reauthorization, Drug Safety, and Certain Pediatric
Pharmaceutical and Device Legislation. Hearing held June 12,
2007. PRINTED, Serial No. 110-55.
H.R. 1424, the Paul Wellstone Mental Health and Addiction
Equity Act of 2007.--Hearing on H.R. 1424, the Paul Wellstone
Mental Health and Addiction Equity Act of 2007. Hearing held
June 15, 2007. PRINTED, Serial No. 110-57.
Answering the Call: Medical Monitoring and Treatment of 9/
11 Health Effects.--Oversight hearing on medical monitoring and
treatment of health effects stemming from the 9/11 attacks.
Hearing held September 18, 2007. PRINTED, Serial No. 110-64.
The Food and Drug Import Safety Act.--Hearing on The Food
and Drug Import Safety Act. Hearing held September 26, 2007.
PRINTED, Serial No. 110-60. H.R. 3610.
Family Smoking Prevention and Tobacco Control Act.--Hearing
on the Family Smoking Prevention and Tobacco Control Act.
Hearing held October 3, 2007. PRINTED, Serial No. 110-69. H.R.
1108.
H.R. 1343, Health Centers Renewal Act of 2007; H.R. 2915,
National Health Service Corps Scholarship and Loan Repayment
Programs Reauthorization Act of 2007; and H.R. 4230, School-
Based Health Clinic Act of 2007.--Hearing on the Health Centers
Renewal Act of 2007, National Health Service Corps Scholarship
and Loan Repayment Programs Reauthorization Act of 2007 and
School-Based Health Clinic Act of 2007. Hearing held December
4, 2007. PRINTED, Serial No. 110-76. H.R. 1343, H.R. 2915, H.R.
4230.
Helping Families with Needed Care: Medicaid's Critical Role
for Americans with Disabilities.--Oversight hearing on Helping
Families with Needed Care: Medicaid's Critical Role for
Americans with Disabilities. Hearing held January 16, 2008.
PRINTED, Serial No. 110-79.
Veterinary Public Health Workforce Expansion Act of 2007.--
Hearing on the Veterinary Public Health Workforce Expansion Act
of 2007. Hearing held January 23, 2008. PRINTED, Serial No.
110-81. H.R. 1232.
Covering Uninsured Kids: Missed Opportunities for Moving
Forward.--Oversight hearing on Covering Uninsured Kids: Missed
Opportunities for Moving Forward. Hearing held January 29,
2008. PRINTED, Serial No. 110-85.
Covering Uninsured Kids: Reversing Progress Already Made.--
Oversight hearing on Covering Uninsured Kids: Reversing
Progress Already Made. Hearing held February 26, 2008. PRINTED,
Serial No. 110-91.
H.R. 5613, Protecting the Medicaid Safety Net Act of
2008.--Hearing on H.R. 5613, Protecting the Medicaid Safety Net
Act of 2008. Hearing held April 3, 2008. PRINTED, Serial No.
110-104.
Discussion Draft of the `Food and Drug Administration
Globalization Act' Legislation: Food Provisions.--Hearing on
draft legislation concerning food provisions of the `Food and
Drug Administration Globalization Act'. Hearing held April 24,
2008. PRINTED, Serial No. 110-108.
Discussion Draft of the `Food and Drug Administration
Globalization Act' Legislation: Drug Safety.--Hearing on draft
legislation concerning drug safety provisions of the `Food and
Drug Administration Globalization Act'. Hearing held May 1,
2008. PRINTED, Serial No. 110-111.
Stem Cell Science: The Foundation for Future Cures.--
Oversight hearing on stem cell science and Federal policy.
Hearing held May 8, 2008. PRINTED, Serial No. 110-115.
Discussion Draft of the `Food and Drug Administration
Globalization Act' Legislation: Device and Cosmetic Safety
Provisions.--Hearing on draft legislation concerning device and
cosmetic safety provisions of the `Food and Drug Administration
Globalization Act'. Hearing held May 14, 2008. PRINTED, Serial
No. 110-117.
H.R. 5998, Protecting Children's Health Coverage Act of
2008.--Hearing on H.R. 5998, Protecting Children's Health
Coverage Act of 2008. Hearing held May 15, 2008. PRINTED,
Serial No. 110-118.
Breast Cancer and Environmental Research Act of 2007, and
Breast Cancer Patient Protection Act of 2007.--Hearing on the
Breast Cancer and Environmental Research Act of 2007 and the
Breast Cancer Patient Protection Act of 2007. Hearing held May
21, 2008. PRINTED, Serial No. 110-121. H.R. 1157, H.R. 758.
Discussion Draft of Health Information Technology and
Privacy Legislation.--Hearing on the Discussion Draft of Health
Information Technology and Privacy Legislation. Hearing held
June 4, 2008. PRINTED, Serial No. 110-122.
Committee Prints on Administration Legislative Proposals on
the Animal Drug User Fee Act Amendments of 2008 and the Animal
Generic Drug User Fee Act of 2008.--Hearing on Committee Prints
on Administration Legislative Proposals on the Animal Drug User
Fee Act Amendments of 2008 and the Animal Generic Drug User Fee
Act of 2008. Hearing held June 5, 2008. PRINTED, Serial No.
110-123.
Health Equity and Accountability Act of 2007.--Hearing on
the Health Equity and Accountability Act of 2007. Hearing held
June 24, 2008. PRINTED, Serial No. 110-132. H.R. 3014.
State Fiscal Relief: Protecting Health Coverage in an
Economic Downturn.--Oversight hearing on State Fiscal Relief:
Protecting Health Coverage in an Economic Downturn. Hearing
held July 22, 2008. PRINTED, Serial No. 110-139.
James Zadroga 9/11 Health and Compensation Act of 2008.--
Hearing on the James Zadroga 9/11 Health and Compensation Act
of 2008. Hearing held July 31, 2008. PRINTED, Serial No. 110-
143. H.R. 6594.
NIH Reform Act of 2006: Progress, Challenges, and Next
Steps.--Oversight hearing on the implementation of the NIH
Reform Act of 2006. Hearing held September 9, 2008. PRINTED,
Serial No. 110-144.
America's Need for Health Reform.--Oversight hearing on
America's Need for Health Reform. Hearing held September 18,
2008. PRINTED, Serial Number 110-150.
Treatments for an Ailing Economy: Protecting Health Care
Coverage and Investing in Biomedical Research Steps.--Oversight
hearing on Treatments for an Ailing Economy: Protecting Health
Care Coverage and Investing in Biomedical Research. Hearing
held November 13, 2008. PRINTED, Serial Number 110-153.
Subcommittee on Oversight and Investigations
Introduction
During the 110th Congress, the Subcommittee on Oversight
and Investigations conducted major inquiries with respect to
virtually all Federal agencies within the Committee's
jurisdiction, including the Departments of Commerce, Energy,
Health and Human Services, the Food and Drug Administration,
the National Institutes of Health, the Centers for Medicare and
Medicaid Services (CMS), the Centers for Disease Control and
Prevention (CDC), the Environmental Protection Agency (EPA),
the Nuclear Regulatory Commission (NRC), the Federal Trade
Commission (FTC), the Federal Energy Regulatory Commission
(FERC), the Consumer Product Safety Commission (CPSC), and the
Federal Communications Commission (FCC).
This oversight has exposed improper and illegal
governmental and corporate activities, fraud, waste and abuse
of taxpayer dollars, strengthened our national security and
defence against terrorists, improved health care and
environmental protection and generally enhanced the lives of
American families and consumers in these trying economic times.
These investigations also provided the basis for a number of
major legislative initiatives of the Committee and will form
the foundation for additional legislative actions in the next
Congress.
HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO HEALTH AND HEALTH
CARE
Hearings
POST KATRINA HEALTH CARE: CONTINUING CONCERNS AND IMMEDIATE NEEDS IN
THE NEW ORLEANS REGION
Hurricane Katrina, which made landfall near the Louisiana-
Mississippi border on the morning of August 29, 2005, and the
subsequent flooding caused by the failure of the New Orleans
levee system resulted in one of the largest natural disasters
to hit the United States. The physical and economic aftermath
of the storm shattered the region's healthcare infrastructure.
Thousands of physicians, mental health providers, nurses,
dentists, optometrists, lab technicians, and other health
professionals were displaced by the storm, and hospitals,
clinics, dialysis facilities, nursing homes, and other
healthcare facilities were damaged, with many forced to close.
The devastation of New Orleans' healthcare system was
especially profound for the region's large number of low-income
and uninsured, many of whom depended heavily on Charity
Hospital, one of the nation's oldest health facilities
dedicated to treating the poor and disadvantaged. The closure
of ``Big Charity,'' along with the Veterans Medical Center in
downtown New Orleans, also meant the loss of the State's
flagship teaching hospital and the only Level I trauma center
in the Gulf Coast region.
The Committee focused significant efforts during this
Congress on stabilizing and restoring the New Orleans
healthcare system, recognizing that the availability of
healthcare services and healthcare-related jobs, and the
restoration of access for the uninsured as well as the insured,
were essential to the region's long-term recovery. Committee
staff spent the week of February 12, 2007, in the New Orleans
region. Staff found, among other things, middle class residents
who had lost their jobs and health insurance lining up
overnight to receive primary care from volunteers, emergency
rooms routinely exceeding capacity, and virtually every other
healthcare sector struggling, fractured, or broken.
Stakeholders also appeared to be at an impasse over the best
approach to the role of a re-built public teaching hospital in
the context of developing proposals for a statewide
restructuring of Louisiana's healthcare financing system.
At a March 13, 2007, Subcommittee on Oversight and
Investigations hearing, entitled ``Post Katrina Health Care:
Continuing Concerns and Immediate Needs in the New Orleans
Region,'' public and private healthcare providers, as well as
health policy experts, were asked to identify steps that could
be taken immediately by Government officials and/or the
Congress to restore access to care and quickly stabilize
delivery systems. In response, Health and Human Services (HHS)
Secretary Leavitt granted funding to public and private
clinics, and grants to support retention and recruitment of
medical providers in an effort to expand access to medical
services in the region.
POST KATRINA HEALTH CARE: PROGRESS AND CONTINUING CONCERNS--PART II
After a follow-up field investigation to examine progress
and assess issues that had become more serious in the
intervening months, the Subcommittee held another hearing on
August 1, 2007. The loss of Big Charity, which had served as
the principal training ground for the area's doctors and allied
health professionals, and the lack of flexible federal payment
rules, was jeopardizing medical residency program
accreditations and imposing substantial funding and
administrative burdens on other medical schools in the State.
In addition, the five acute care hospitals remaining in the
area were reporting unsustainable operating losses due largely
to extraordinary temporary nurse staffing costs, utility and
insurance expenses, and costs for recruiting and retaining
doctors and hospital staff. Moreover, plans for the building of
a new academic medical center to replace Big Charity continued
to be delayed, while uncertainty had arisen as to whether the
Department of Veterans Affairs (VA) would rebuild its hospital
within the city limits, as part of the planned downtown medical
corridor.
In response to issues spotlighted at the hearing, HHS began
considering ways to reconfigure graduate medical education
payment systems so that physician and nurse training programs
dislocated by the storm could continue. In November following
the hearing, the VA entered into an agreement with the City of
New Orleans to begin construction of a new VA hospital. In
addition, plans for restructuring federal financing of health
care for the uninsured became focused on a regional pilot
program as a preliminary to statewide restructuring.
With respect to the five hospitals' request for targeted
federal assistance, the Committee also asked the Government
Accountability Office (GAO) and the Inspector General of HHS
(OIG) to evaluate the requests and the risks to the community
resulting from potential reductions in access to acute care. On
July 17, 2008, GAO provided the Committee with an in-depth
report using three models of financial impact analysis. The
Report is entitled ``Hurricane Katrina: Trends in the Operating
Results of Five Hospitals in New Orleans before and after
Hurricane Katrina.'' OIG also issued a series of reports,
between May and September 2008, providing independent review of
the revenue and expense information the five hospitals had
submitted to the Committee, related audits of the hospitals'
Medicare wage index data, and a profitability analysis of the
hospitals comparing them with peer providers.
As a result of this investigation and these hearings:
HHS released $100 million in Deficit Reduction Act
healthcare monies to establish and maintain primary care
clinics throughout the metropolitan area over the next 3 years,
and issued grants to support retention and recruitment of
medical providers to expand access to medical services in the
region.
In November 2007, HHS began work on revisions to
its Medicare graduate medical education rules to address
community disaster situations involving the loss of a major
teaching hospital.
The VA entered into an agreement with the City of
New Orleans to begin construction of a new hospital, as plans
developed for creation of a new medical district in downtown
New Orleans that would include a new VA Hospital and a new
public teaching hospital. The co-location of the two hospitals
will facilitate the sharing of support services and other
resources.
The Health Resources and Services Administration
provided technical assistance to providers in areas ravaged by
the Hurricane to increase healthcare access for underserved
communities.
In September 2008, Congress approved, and the
President signed, legislation appropriating $600 million in
Social ServicesBlock Grant monies that will be available to the
State of Louisiana for assistance with stabilization of its healthcare
system. The Congressional relief package provides flexible funding to
States impacted by natural disasters in 2008, as well as States such as
Louisiana still struggling to recover from Hurricanes Katrina and Rita.
PREDATORY SALES PRACTICES IN MEDICARE ADVANTAGE
On Tuesday, June 26, 2007, the Subcommittee heard testimony
from victims of Medicare Advantage (MA) marketing abuses by
sales agents, as well as industry representatives, State
regulators, and the Director of the MA program at the Centers
for Medicare and Medicaid Services. As a result of the
investigation and hearings:
CMS imposed a marketing moratorium on seven
insurance companies associated with some of the more egregious
sales practices targeting seniors.
In September 2007, CMS issued the first monetary
penalties against MA plans for marketing abuses.
On October 1, 2007, as a result of the Chairman's
request, CMS made public the corrective action plans it had
imposed on various MA plans.
In fall 2007, CMS launched a ``secret shopper''
program to ensure that plans were complying with CMS' marketing
guidelines.
On May 20, 2008, the majority staff issued a staff report
on additional problems with the design, oversight, and
administration of MA plans. Two months later, on July 15, 2008,
Congress overrode the President's veto of H.R. 6331, the
``Medicare Improvements for Patients and Providers Act of
2008.'' This legislation addresses problems identified by the
Subcommittee and prohibits MA and prescription drug plans and
their sales agents from selling their products via door-to-door
sales; cold calling; cross selling non-health-related products;
offering meals of any sort; and conducting sales activities of
any kind at educational events or in healthcare settings. The
bill also calls for limits on commissions and gifts, and
mandates that agents be licensed and appointed as required
under State law and receive annual training on Medicare and the
specific MA and Part D plans they sell. The legislation also
addresses some of the serious problems highlighted in the
Majority Staff Report by, for instance, imposing quality
improvement programs on MA private-fee-for-service plans and
Special Needs Plans.
The Committee will continue to monitor CMS' enforcement of
the new provisions, as well as plan provider misconduct,
particularly during open enrollment periods, and related abuses
such as cherry picking of enrollees, discriminatory benefit
administration, and the adequacy of information about plan
options for beneficiaries.
NASPER: WHY HAS THE NATIONAL ALL SCHEDULES PRESCRIPTION ELECTRONIC
REPORTING ACT NOT BEEN IMPLEMENTED?
On October 24, 2007, the Subcommittee heard testimony that
the number of deaths caused by drug overdoses of prescription
opioids such as oxycodone, methadone, and morphine in the
United States now outnumbers deaths caused by heroin or crack
cocaine. Our hearing focused on the failure of the
Administration to address prescription drug abuse effectively
by funding the ``National All Schedules Prescription Electronic
Reporting Act of 2005'' (NASPER), Public Law 109 60, a new
program at HHS passed by Congress and signed into law by the
President in 2005 that establishes uniform standards for State-
run prescription drug monitoring programs through a program.
The Administration has funded a similar but more narrowly
tailored grant program through the Department of Justice, and
has struggled to encourage State participation and to foster
interoperability among States with existing programs, resulting
in a patchwork.
The Subcommittee's oversight efforts prompted the
Department of Justice (DOJ) to impose new grant guidelines
requiring interoperability, and to consider ways to encourage
State prescription monitoring programs to more fully engage
healthcare providers, health researchers, and public health
administrators in the battle against prescription drug abuse.
Investigative Activities
MEDICARE ADVANTAGE SALES FRAUD AND ABUSE
The Committee continues to examine predatory and fraudulent
sales practices associated with Medicare Advantage plans,
particularly plans marketed to vulnerable disabled and senior
Medicare beneficiaries whose low income levels qualify them for
Medicaid assistance. The Committee examined allegations in
October 2008 that independent sales agents for Health Net,
Inc., an insurance company that offers private Medicare health
care and prescription drug plans, appeared to have engaged in
serious marketing abuses in connection with its Medicare
Special Needs Plan. The allegations concerned ``robo-calls''
(auto-dialed telemarketing calls) made to homes that in certain
instances connected the recipient to a sales agent who provided
misleading information about network restrictions, enrollment
deadlines, and other important issues. In addition, we received
evidence that sales agents for the company had enrolled low-
income, non-English speaking beneficiaries in plans that,
because of misinformation about network restrictions, ended up
exposing the beneficiaries to medical expenses they could not
pay. The investigation revealed gaps in CMS' enforcement and
oversight capabilities with respect to plans, as well as
misinformation among the Medicare Advantage industry regarding
telemarketing, do-not-call lists, and consumer privacy laws,
and indications that agents for other plans have engaged, or
may be engaging, in similar exploitive conduct.
HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO DRUG SAFETY
Hearings
ADEQUACY OF FDA EFFORTS TO ASSURE THE SAFETY OF THE DRUG SUPPLY--PART I
On February 13, 2007, the Subcommittee on Oversight and
Investigations held the first in a series of hearings examining
whether the Food and Drug Administration (FDA) is fulfilling
its mandate to protect the American people from drugs whose
risks outweigh their benefits. This hearing focused on a case
study involving the antibiotic Ketek.
The Subcommittee's investigation revealed that serious
irregularities were found during a monitoring visit at the
study site of Dr. Kirkland-Campbell, one of the clinical
investigators in a major Ketek clinical trial. Dr. Kirkland-
Campbell eventually pled guilty to fraud in conducting her part
of this study, and served a 4-year sentence in Federal prison.
FDA found other serious violations of good clinical practices
and study protocols at four of ten sites inspected, and
ultimately decided that the study should not be relied upon.
Despite the discredited trial study and over the objections of
FDA reviewers and investigators, FDA managers approved the
drug. It was only after Subcommittee investigators began
looking into serious adverse events associated with Ketek,
including liver failures that resulted in 13 deaths, did FDA
change the labeling and add a ``black box'' warning for its
use.
As a result of our investigation, on February 12, 2007, the
day before the hearing, FDA announced revisions to the Ketek
label that removed two indications for sinusitis and
bronchitis, as had been recommended by a principle witness at
the hearing (a former FDA reviewer assigned to Ketek).
ADEQUACY OF FDA EFFORTS TO ASSURE THE SAFETY OF THE DRUG SUPPLY--PART
II
At the March 22, 2007, hearing, Dr. von Eschenbach, FDA
Commissioner, testified concerning many of the issues raised at
the earlier drug safety hearing as well as about FDA's ``New
Drug SafetyInitiatives.'' Three additional witnesses testified
regarding recent assessments of FDA's drug safety system including a
GAO Report, entitled ``Drug Safety: Improvement Needed in FDA's Post-
market Decision-making and Oversight Process''; an Institute of
Medicine Report, entitled ``The Future of Drug Safety: Promoting and
Protecting the Health of the Public''; and an article published in the
Archives of Internal Medicine, entitled ``Drug Safety: A Proposal for
Sweeping Changes''. These witnesses each presented comprehensive
critiques of FDA's drug safety operations along with specific
recommendations for reform.
As a result of our investigation, on October 24, 2007, FDA
released a 12-page ``warning letter'' to Sanofi-Aventis
concluding that Aventis did not adhere to applicable statutory
and regulatory requirements governing clinical trials. The
warning letter further stated that the company was aware that
data it presented to FDA was compromised. The letter required
Aventis to address the numerous deficiencies listed in the
letter and inform FDA of all corrective action taken by Aventis
to address the identified deficiencies.
FDA FOREIGN DRUG INSPECTION PROGRAM: A SYSTEM AT RISK
On November 1, 2007, the Subcommittee on Oversight and
Investigations held a hearing that examined the ability of the
Food and Drug Administration to adequately monitor the safety
and efficacy of drugs imported from overseas. The
Subcommittee's investigation revealed that during the last
decade the Government Accountability Office, Congress, and FDA
have all recognized serious shortcomings with FDA's foreign
inspection program. Despite an increase in the volume of
imported drug products, resources dedicated to the foreign drug
inspection program have declined. It also highlighted an
anomaly in current law and practice at the FDA that raises
serious concerns about the safety and efficacy of many drugs
imported into the United States. Current law requires that FDA
conduct follow-up inspections for domestic firms every two
years. However, the law is silent on foreign firms even though
foreign firms are producing large quantities of drugs used by
U.S. consumers. Some foreign firms producing drugs for U.S.
market have not been inspected for durations of 12 years or
more.
As a result of our investigation and hearing:
FDA has committed to establishing offices beyond
U.S. borders, in China, India, Latin America, Europe, and
eventually, in the Middle East. The FDA office in China is
already being established. FDA is currently engaged in opening
offices in India, Europe, and Latin America.
FDA is currently reviewing its resources for this
critical area. It is expected that additional resources will be
sought during the next administration to begin closing the gap
for foreign inspections of foreign firms that manufacture and
ship drug products to the U.S. Additionally, partly because of
this investigation, FDA is continuing to review its current IT
capabilities regarding the foreign drug inspection program.
FDA's existing IT platform is incapable of allowing the agency
to adequately track foreign firms shipping drug products into
the U.S. Because of this, FDA has also had significant
difficulty in prioritizing foreign inspections. FDA efforts to
improve its information technology (IT) capabilities should
allow for enhancements in the foreign inspection program which
should result in improving the safety of imported drugs.
Finally, FDA has begun a new pilot program with
partners in the European Union and Australia wherein they will
jointly plan, allocate, and conduct certain inspections of
facilities in developing countries that manufacture the
starting materials for many of the drugs Americans take. If
this program is successful, it could be expanded to include
other types of drug manufacturing facilities. By leveraging the
resources of each agency and sharing vital information, the
number of foreign facilities in FDA's inspection data base will
expand while allowing FDA to target its resources on products
believed to present the highest risk to U.S. consumers.
SCIENCE AND MISSION AT RISK: FDA'S SELF-ASSESSMENT
As a companion to our investigation into FDA's ability to
properly protect our Nation's drug and food supply from
overseas imports, on January 29, 2008, the Subcommittee held a
hearing to receive key testimony from the Food and Drug
Administration's Science Board. In December 2006, FDA
Commissioner Dr. Andrew von Eschenbach requested that the
Science Board, which is the advisory board to the Commissioner,
form a subcommittee to assess whether ``science and
technology'' at the agency is capable of supporting existing
and future regulatory operations. Their assessments were
compiled in a report entitled, ``FDA Science and Mission at
Risk: Report of the Subcommittee on Science and Technology.''
The Science Board report raised concerns about several aspects
of FDA's mission and current capability and it suggested the
agency's overall mission of protecting the public's health was
at risk.
At this hearing, the Subcommittee received testimony from
members of the Science Board regarding their findings, which
confirmed the work of the Subcommittee's investigation that
there were serious scientific, operational, resource and
technology problems confronting FDA that the current
Administration had ignored to the Nation's peril. Also
testifying at the hearing were the Government Accountability
Office and the Congressional Research Service who testified
regarding recently conducted evaluations and audits of FDA
public health and safety programs. Finally, FDA Commissioner
von Eschenbach attempted to respond to the challenges facing
FDA, particularly those raised by the Science Board Report, and
how some of these challenges should be addressed. Because the
Commissioner had not had time to formally respond to the
Science Board report, the Subcommittee received an assurance
from the Commissioner to return to more fully explain the FDA's
strategy to overcome its shortcomings.
KETEK CLINICAL STUDY FRAUD: WHAT DID AVENTIS KNOW?
On Tuesday, February 12, 2008, the Subcommittee on
Oversight and Investigations held a hearing focused on the role
of Ketek's sponsor, Aventis (currently Sanofi-Aventis), in
failing to monitor adequately a pivotal clinical trial,
ultimately rejected by FDA, as fraudulent. Four witnesses,
including an industry insider and three FDA criminal
investigators, testified that Aventis was well aware that it
was submitting faulty and probably fraudulent data to FDA in
connection with the Ketek approval.
As a result of our investigation and hearing:
The FDA finally disqualified one of the main
culprits in the scandal. Dr. Kirkman-Campbell was one of the
principal investigators hired by Sanofi-Aventis to participate
in the Ketek clinical trial which was later found to be
fraudulent. On May 8, 2008, FDA issued a Notice of
Disqualification to Receive Investigational New Drugs to Dr.
Kirkman-Campbell--three years after she was convicted of fraud
in connection with the Ketek clinical trial.
Provisions in the current food and drug bill being
considered as a consequence of this hearing include: 1)
providing FDA criminal investigators with subpoena power; 2)
tightening the existing prohibitions against clinical trial
fraud and 3) whistleblower protections for food and drug
industry employees.
FDA'S FOREIGN DRUG INSPECTION PROGRAM: WEAKNESSES PLACE AMERICANS AT
RISK
On April 22, 2008, the Subcommittee held another hearing to
examine deficiencies in the Food and Drug Administration's
resources and strategies to improve drug inspection with
particular emphasis on its foreign drug inspection program.
This hearing stemmed partly from a previous commitment made by
the FDA Commissioner at a prior hearingto return within 60 days
to the Committee to address the concerns reported by FDA's Science
Advisory Board, the Government Accountability Office, and the
Subcommittee. Indeed, at this hearing, the Subcommittee heard testimony
from the FDA Commissioner regarding how the agency plans to address the
multitude of weaknesses evident in FDA's effort to protect Americans
from unsafe drugs made abroad. The hearing also sought views from a
host of outside experts regarding FDA's efforts to regulate foreign-
made drug products and what changes are necessary to enhance this
program. The hearing produced a significant record of shortcomings that
became the basis of legislative proposals to reform the FDA.
THE HEPARIN DISASTER: CHINESE COUNTERFEITS AND AMERICAN FAILURES
On April 29, 2008, the Subcommittee held another in a
series of hearings examining FDA's drug approval process and
its ability to protect Americans from unsafe drugs. This
hearing focused on the circumstances surrounding the
catastrophe caused by the contamination of the drug heparin.
Testifying at this hearing were the two companies, Baxter
International and Scientific Protein Laboratories, whose
products brought the contaminated heparin into the United
States, as well as an expert on the use of heparin and its
manufacture, and related blood thinners. Additionally, FDA
testified regarding its actions leading up to the contamination
outbreak and after the outbreak was discovered. Finally, the
Subcommittee also heard from Committee staff regarding its
investigation of the outbreak and from family members of
victims who died after being treated with heparin.
The FDA made a number of significant changes in their
policies and procedures to address the shortcoming identified
by the series of Subcommittee investigations and hearings on
drug safety. They included:
In May 2008, FDA finally admitted that it needed
additional resources to accomplish its mission and requested
resources from Congress. FDA has also committed to hiring more
people and improving its information technology systems
In May 2008, FDA announced its Sentinel
Initiative--The Sentinel network will enable the FDA to query
the electronic databases of other Federal agencies and large
healthcare systems (including Centers for Medicare and Medicaid
Services, health maintenance organizations, and insurance
companies) and virtually learn from millions of patients'
experiences if problems are occurring with FDA-regulated drugs
or medical devices.
FDA has recently begun quarterly reports that list
certain drugs that are being evaluated by FDA for potential
safety issues because of high numbers of reported side effects
and/or adverse events.
FDA has expanded its service of posting recalls,
market withdrawals, and safety alerts regarding potentially
unsafe products on the market.
On September 15, 2008, the drug company Pfizer
launched a Web site detailing medication safety, including
``sections written for patients and for health professionals,
with plain-English explanations, engaging graphics and clips of
video hosts discussing important points. It has a prominent
link to information about how to report a drug side effect to
MedWatch, the Food and Drug Administration reporting program.''
Investigative Activities
VYTORIN AND THE ENHANCE AND SEAS STUDIES
On December 11, 2007, the Committee began its investigation
which is still ongoing into the drug Vytorin, an anti-
cholesterol drug manufactured and marketed jointly by Merck and
Schering-Plough. A clinical trial for the drug, called ENHANCE,
was completed in April 2006, but as of December 2007, the
companies had not yet released its results. Although Vytorin
was approved by the FDA for its ability to lower cholesterol in
the blood, there were no studies demonstrating that it could
reduce cholesterol build-up in the arteries, or reduce heart
attacks, strokes, or deaths.
There was considerable speculation in the scientific
community that the ENHANCE study was being suppressed because
its results were unfavorable. After our letters were sent, the
companies hastily released the results of the ENHANCE trial in
a press conference in January 2008. The results showed that
Vytorin failed to reduce cholesterol build-up in arteries.
The Subcommittee's investigation revealed that ad hoc
scientific panels were created to influence the interpretation
of the ENHANCE trial, that Schering-Plough corporate officials
may have sold stock in the company prior to the release of the
trial results, and that another trial, called SEAS, found an
increased risk of cancer in patients taking Vytorin, and that
again, scientific consultants may have been commissioned to
influence the interpretation of these study results. Our
investigation into the Vytorin trials also led to our inquiry
into advertising by the companies that appeared to be
misleading. As discussed later, we included Vytorin's ``Food
and Family'' television advertisements in our direct-to-
consumer ad investigation and hearing.
In response to our investigation of Vytorin, the following
actions have already been taken that generally improved public
health and safety:
The ENHANCE trial results were made public nearly
2 years after completion of the study, so that physicians and
patients could have the proper information required to make
clinical decisions.
FDA determined that the Vytorin ads were not fully
informative and required changes in the ads.
Merck and Schering-Plough removed all Vytorin ads
from broadcast television.
Drug companies are less willing to suppress
clinical trial results.
Hearings and Investigative Activities Pertaining to Food Safety
Hearings
DIMINISHED CAPACITY: CAN THE FDA ASSURE THE SAFETY AND SECURITY OF THE
NATION'S FOOD SUPPLY?--PART I
On April 24, 2007, the Subcommittee held its first hearing
regarding the safety and security of the Nation's food supply.
The purpose of this hearing was to examine the issue of food
safety as it pertained to foods for both human and animal
consumption. At this hearing, the Subcommittee attempted to
access the extent and magnitude of foodborne contamination
outbreaks and whether the FDA could adequately ensure the
safety of food consumed in this country.
In particular, this hearing focused on recent food
contamination outbreaks involving spinach, lettuce, peanut
butter, as well as melamine-tainted wheat gluten in pet food.
The hearing featured witnesses who had experienced illnesses
resulting from food poisoning. In addition, an expert from GAO
provided an overview of high-risk issues related to food
safety, and a veterinarian testified about the extent of pet
illnesses and deaths caused by the episode of contaminated pet
food. Finally, testimony was heard from officials of four
companies that produced contaminated food products and pet
foods. At the conclusion of this hearing, it was readily
apparent to the Subcommittee that FDA, at present, was unable
to protect the safety of the Nation's food supply. The
Subcommittee concluded that further investigation into the
matter would be necessary and future hearings would be held on
the subject.
DIMINISHED CAPACITY: CAN THE FDA ASSURE THE SAFETY AND SECURITY OF OUR
NATION'S FOOD SUPPLY?--PART II
The second food safety hearing on July 17, 2007, consisted
of three panels of witnesses, and focused on the adequacy of
FDA's efforts to protect Americans from unsafe food and the
effect that a proposed Office of Regulatory Affairs (ORA)
reorganization would have on FDA's ability to carry out its
mandate to assure food safety.
On the first panel, Committee staff testified regarding
findings made during its food safety investigation. Committee
staff found that FDA had failed to adequately respond to
increased imports of foreign food products, FDA lacked
sufficient resources and authority to ensure food safety, and
the proposed reorganization plan, which would close seven field
laboratories, change FDA's structure, and centralize decision
making in Washington, would exacerbate the current food safety
situation. Finally, Committee staff found that FDA's current
regulatory approach that relied on voluntary guidelines
appeared inadequate in responding to the changing food
industry.
The second panel featured the testimony of seven
individuals. The first two witnesses testified how FDA's
current resources and policies cripple the agency's mission to
protect Americans from unsafe food and drugs. The remaining
witnesses on the panel were FDA employees who testified that
the ORA reorganization and closing of field laboratories would
severely impair FDA's ability to ensure food safety. The last
panel was comprised of four officials from FDA headquarters who
presented testimony and answered questions about the agency's
ability to protect Americans from unsafe food.
After this hearing, FDA canceled its plan to reorganize its
Office of Regulatory Affairs after FDA failed to provide any
justification for doing so. Among other things, the
reorganization plan called for closing 7 of 13 FDA field
laboratories. Today, those laboratories remain open. Since this
hearing, FDA has canceled its plans to reorganize its Office of
Regulatory Affairs.
DIMINISHED CAPACITY: CAN THE FDA ASSURE THE SAFETY AND SECURITY OF OUR
NATION'S FOOD SUPPLY?--PART III
The third food safety hearing on October 11, 2007, focused
on the safety of food imported into the United States and the
adequacy of the efforts of both FDA and the United States
Department of Agriculture (USDA) to ensure the safety of
unsafe, imported food.
Committee staff testified regarding its examination of food
safety issues, including the Committee staff's trip to China.
While in China, Committee staff found that the Chinese food
supply chain does not meet international standards and the
Chinese government appeared determine to avoid embarrassing
food safety outbreaks in export markets due to the damaging and
potentially lasting effects this would have on its brand. Most
importantly, however, Committee staff concluded that the lack
of meaningful internal regulation of farming and food
processing in China, the advanced development of the
counterfeiting industry, and the willingness of some
entrepreneurs in both China and the United States to smuggle
foodstuffs that do not meet quality standards, necessitated a
much more rigorous program of inspection and laboratory testing
in China and at U.S. ports of entry than the FDA had been
willing or able to do.
On the second panel, a Congressional Research Service
analyst testified regarding the methods employed by Japan and
Hong Kong to ensure the safety of food imports from China, and
an executive of an American company in China testified about
quality control measures that his company employs to assure
food safety in its Chinese facilities. FDA and United States
Department of Agriculture (USDA) officials appeared on the last
panel and testified about their agencies' efforts to ensure the
safety of imported food.
After this hearing, in November 2007, the Administration
released an ``Action Plan for Import Safety: A Roadmap for
Continual Improvement,'' which outlined how the United States
could improve the safety of all imported products. On the same
day, FDA unveiled its ``Food Protection Plan: An Integrated
Strategy for Protecting the Nation's Food Supply.'' This plan
addressed both food safety and food defense for domestic and
imported products. Many of the Committee's recommendations on
how the United States could improve the safety of food appeared
in the plans.
DIMINISHED CAPACITY: CAN THE FDA ASSURE THE SAFETY AND SECURITY OF OUR
NATION'S FOOD SUPPLY?--PART IV
The final food safety hearing in the first session was held
on November 13, 2007, and focused on decisions by FDA and USDA
to allow meat and seafood to be packaged in a modified
atmosphere containing carbon monoxide. In particular, this
hearing examined potential consumer deception and food safety
issues with meat and seafood packaged in an atmosphere
containing carbon monoxide and deficiencies in FDA's
``Generally Recognized As Safe'' (GRAS) determination process
Majority staff began this investigation in February 2006 by
sending a letter to FDA requesting information about the
agency's ``Generally Recognized As Safe'' (GRAS)
determinations. Representatives Dingell and Stupak also wrote
to HHS Secretary Michael O. Leavitt requesting that he
``rescind its GRAS determinations regarding the use of carbon
monoxide to color meat and fish until such time as notice and
comment rulemaking can determine whether such practices, under
existing conditions of refrigeration and labeling and existing
consumer practices, are safe for American consumers.''
At this hearing, representatives from FDA and USDA
discussed their agency's decisions to allow meat and seafood to
be packaged in amodified atmosphere containing carbon monoxide.
Subcommittee Members also heard testimony from representatives of
consumer organizations concerned with food safety who discussed
consumer deception issues surrounding carbon monoxide atmosphere
packaged products. Finally, the chief executive officers of companies
testified about the use of carbon monoxide in the packaging of their
products.
Prior to this hearing, Safeway, Inc., Giant Food, LLC, Stop
& Shop Supermarket Company, and Tyson Foods, Inc., announced
they would cease the sale of meat packaged in a modified
atmosphere containing carbon monoxide Target Corporation
decided to continue selling such meat, but said it would label
those products to alert consumers of its practice.
CONTAMINATED FOOD: PRIVATE SECTOR ACCOUNTABILITY
The next food safety hearing was held on February 26, 2008,
and focused on companies that have produced dangerous,
contaminated food and examined how factors within the private
sector, including the effects of lax regulation, contribute to
outbreaks of foodborne illnesses. This hearing also explored
how the private sector can prevent future food contamination
outbreaks.
This hearing examined recent food contamination episodes
including Salmonella tainted peanut butter and pot pies,
botulism in canned food products, produce contamination
outbreaks, and the largest beef recall in history. Chief
executives from five companies who produced some of these
products testified at the hearing. Also testifying at this
hearing was a food safety attorney and expert who testified
regarding his many experiences dealing with companies who have
produced food contamination outbreaks, the Executive Director
of the Southern Shrimp Alliance who testified regarding the
safety of imported seafood, and, finally, a representative from
the Humane Society of the United States who testified regarding
deficiencies in the regulation of the meat industry.
REGULATORY FAILURE: MUST AMERICA LIVE WITH UNSAFE FOOD?
This hearing held on March 12, 2008, focused on unanswered
questions from the Subcommittee's February 26, 2008, food
safety hearing. During the February 26, 2008, hearing, a wide
range of private sector firms testified regarding potential
solutions to remedy the problem of contamination in their food
products. This hearing gave the primary regulators of the
country's food supply, FDA and USDA, the opportunity to supply
the Committee with the changes that they have implemented in an
attempt to cope with the problem of pathogens in the Nation's
food supply.
This hearing also featured the testimony of the Mr. Steven
Mendall, President of the Hallmark/Westland Meat Company, who
testified regarding the circumstances surrounding his firm's
record recall of more than 143 million pounds of ground beef.
Because of Mr. Mendell was unwilling to appear before the
Subcommittee voluntarily, the Subcommittee held a business
meeting on March 5, 2008, and unanimously voted to authorize
the issuance of a subpoena for Mr. Mendell to compel his
testimony at this hearing.
Finally, this hearing also examined the use of food
irradiation as a step to increase the safety of the Nation's
food supply and why FDA had not acted on several petitions
seeking its approval for use on certain foods for more than
eight years.
After this hearing, in August 2008, FDA finally approved
the use of irradiation on fresh iceberg lettuce and fresh
spinach.
AMERICAN LIVES STILL AT RISK: WHEN WILL FDA'S FOOD PROTECTION PLAN BE
FULLY FUNDED AND IMPLEMENTED?
The eighth food safety hearing held by the Subcommittee
during the 110th Congress was held on June 12, 2008. At this
hearing, the Subcommittee received key testimony from the Food
and Drug Administration regarding how the agency is addressing
its many weaknesses in protecting the Nation's food supply. The
hearing focused largely on what progress FDA has made in
implementing the ``Food Protection Plan,'' which was issued by
the Administration in late 2007, and what resources the agency
believes are needed to achieve key milestones associated with
this effort. The Subcommittee also attempted to understand what
and when additional legislative tools and budgetary resources
are needed to best accomplish this effort. Finally, the
Subcommittee also sought the views from various outside experts
regarding FDA's efforts to safeguard the Nation's food supply
and what additional efforts are necessary to enhance FDA's food
safety program.
THE RECENT SALMONELLA OUTBREAK: LESSONS LEARNED AND CONSEQUENCES TO
INDUSTRY AND PUBLIC HEALTH
On July 31, 2008, the Subcommittee held its ninth hearing
regarding the safety and security of the Nation's food supply.
This hearing examined the events surrounding the recent
Salmonella Saint Paul outbreak. The hearing focused on the
efforts of the Centers for Disease Control and Prevention and
FDA to identify the cause of the national Salmonella outbreak.
The hearing also examined a portion of the Bioterrorism Act
of 2002, which required FDA to establish procedures to trace
and track food commodities and maintain accurate chain-of-
custody records, to assess whether additional alterations to
the Bioterrorism Act are required. Further, the hearing looked
at proposals developed by States and certain grower industries
to establish traceability systems. Finally, the hearing allowed
Members to consider what changes might be necessary to ensure
that regulators are prepared to respond rapidly to future
outbreaks.
Investigative Activities
NATIONAL FOOD SAFETY SURVEY OF CORPORATE FOOD PRODUCERS
In May, the Committee sent letters to 51 of the largest
food processing firms in an effort to determine the source and
extent of threats to the safety of the Nation's food supply.
The letter of inquiry asked each company about their history of
recalls, food safety alerts, and all instances of know
microbiological or chemical contamination of their products
since 2000. The responses are being currently compiled and
analyzed to identify food safety issues that need to be
addressed in the future.
The survey was conducted to comprehend important issues
relating to safety of the nation's food supply. The companies
were asked to provide the following pertinent information: (1)
A list of recalls (microbial, chemical or physical) and the
type of recalls that were done, (2) Internal test results of
microbial contamination with foodborne pathogens of domestic
and imported foods, and actions taken to address the
contamination, (3) Internal test results pertaining to chemical
contamination with hazardous chemical agents of domestic and
imported foods, and actions taken to address the contamination,
and (4) Compliance with FDA or USDA site inspections. The Staff
is currently analyzing the results and plans to release them in
early 2009.
INFANT FORMULA AND BISPHENOL A
On January 17, 2008, the Committee began an investigation
which is still continuing into the use of the chemical
Bisphenol A (BPA) in the lining of infant formula cans. The
investigation has revealed that:
BPA is a commonly used chemical that hardens
plastic; its use as a liner in aluminum cans serves to protect
the cans contents from the can metal and exposure to outside
air.
BPA also has estrogen hormone-like properties and
has been linked to developmental defects. BPA in the lining of
infant formula cans may result in the chemical leaching into
the formula itself, thereby exposing infants and children to
the chemical.
Our letter to the major manufacturers of liquid
infant formula revealed that BPA is used nearly universally in
infant formula can linings and that manufacturers were not
properly testing for its presence in the formula. We also
discovered that FDA based its determination of BPA's safety on
a few industry-funded studies, and ignored the totality of the
science on BPA, which shows a significant risk when exposed to
low level of the chemical.
This investigation has also obtained a number of important
accomplishments. In response to it:
The FDA created a study group to reassess their
position on BPA, and the FDA Science Board assailed a draft of
the study group, stating that the document ignored the vast
majority of studies related to BPA.
The major manufacturers of liquid infant formula
in the United States have agreed to find and use alternatives
to BPA in their can linings.
Major retailers such as Wal-Mart have begun to
phase out products that contain BPA.
The FDA's BPA study group is rewriting its draft
reassessment of BPA and awaiting ongoing studies into the
safety of BPA.FDA has created a study group to reassess their
position on BPA.
ACTIONS OF PRIVATE LABORATORIES THAT TEST FOOD UNDER IMPORT ALERT
Under FDA's Import Alert rules, private laboratories are
responsible for analyzing the most dangerous imported food
products entering this country. Products under Import Alert are
only allowed to enter the country after a private laboratory
has determined they are safe. The Subcommittee's food safety
investigation uncovered problems with this system. In an effort
to determine the amount of contaminated food that is entering
this country because of flaws in this system, the Subcommittee
requested information from 11 private laboratories that test
food under Import Alert. An extensive amount of information
about violative samples was received from each laboratory and
was still being analyzed at the end of the 110th Congress.
USE OF ARTIFICIAL FOOD COLORINGS
In late 2008, the Subcommittee staff began an inquiry into
the use of artificial food colorings since their use has been
shown to act as neurotoxin and cause hyperactivity in some
children. Many multinational food companies use these
artificial food colorings in foods marketed to children in the
United States, but sell the identical product in Europe using
only natural food colorings (which have not been linked to
adverse health effects in children). Examples include Mars M&Ms
and Skittles, Kellogg's' Pop-Tarts, Pepsi's Gatorade, Nestle
Quick, and McDonald's strawberry sundaes. There is no European
regulation that requires only natural food coloring, but the
threat of regulation has prompted the companies to change their
ingredients in Europe. The Staff are currently planning to send
letters to various food companies to collect further
information about their products and ask them why they continue
to market products with artificial dyes in the United States.
Investigative Activities Pertaining to Oversight of the Food and Drug
Administration
FDA COMPENSATION PRACTICES
On April 12, 2007, the Committee began its investigation
into compensation practices at FDA. On that same day, the
Committee sent a letter to FDA inquiring about FDA's use of
Title 42 compensation, as well as FDA's use of retention
bonuses, locality bonuses, and performance or other salary
enhancements or awards. On April 12, 2007, the Subcommittee
also sent a second letter to FDA inquiring about any abuses of
compensation for time set aside for religious observances. An
additional request for records relating to religious
compensation was sent to FDA on August 13, 2007. On September
5, 2007, the matters relating to compensation practices at FDA
were referred to the HHS Inspector General. The next day, the
Committee asked GAO for assistance in examining the
compensation practices for all agencies under the jurisdiction
of the Committee on Energy and Commerce. Additional requests
for information relating to the compensation practices at FDA
were made on September 17, 2007, and April 28, 2008. Responses
from those requests are currently under review by the
Subcommittee staff with assistance from the HHS Inspector
General.
FDA CONTRACTING
On April 21, 2008, the Committee sent a letter to FDA
Commissioner von Eschenbach expressing concern that FDA might
be needlessly wasting critical agency resources when hiring
outside public relations firms. In that letter, the Committee
requested that FDA supply it with records relating to any such
contract and all communications between the agency and outside
public relations firms.
On August 21, 2008, FDA responded to the letter and
provided some of the records requested. Although the response
was woefully inadequate, the Committee did learn of an existing
sole source contract between FDA and Alaska Newspapers, Inc.
(ANI), in which Qorvis Communications served as a
subcontractor. After reviewing the documents, the Committee
leaders decided to investigate FDA's actions surrounding this
contract.
On October 2, 2008, the Committee sent a letter to Michael
O. Leavitt, Secretary of the U.S. Department of Health and
Human Services, which outlined the Committee's concerns
regarding the contract and requested additional records
pertaining to the contract. On that same day, the Committee
also sent letters to Qorvis Communications, LLC, Calista
Corporation, and Red Team Consulting, LLC, requesting
information about the circumstances leading up to the
contracting decision. The Committee reviewed all information
provided by the three companies and HHS.
On November 17, 2008, the Committee wrote to FDA requesting
additional information on the agency's sole source contract
with Alaska Newspapers, in which Qorvis served as a
subcontractor. The letter asked FDA to make key staff available
for interview.
Ultimately, the contract was suspended by FDA and the
Inspector General conducted an independent review. The
Subcommittee is currently planning additional interviews and
records requests to pursue this inquiry into the next Congress.
Hearings and Investigative Activities Pertaining to Energy and the
Environment
Hearings
2006 PRUDHOE BAY SHUTDOWN: WILL RECENT REGULATORY CHANGES AND BP
MANAGEMENT REFORMS PREVENT FUTURE FAILURES?
On May 16, 2007, the Subcommittee conducted a hearing
examining the shutdown of the Prudhoe Bay field, why the spill
occurred, and how British Petroleum (BP) intended to change its
operating culture, which may have contributed to the failure of
key pipelines. The Committee's investigation uncovered an
accepted worker environment where severe cost-cutting on the
North Slope (and possibly U.S.-wide) drove many key management
decisions in the Prudhoe Bay field.
The investigation and hearing also uncovered evidence that
BP workers were often forced to forego safety measures to save
money and ultimately increase BP's profits. E-mails discovered
in this investigation referred to stopping or reducing a range
of important activities that are critical to maintaining a safe
field in order to reduce spending. These included the reduction
of the use of critical chemicals and agents designed to stop or
mitigate corrosion such as biocides or corrosion inhibitors
that are injected into key piping systems. Other key corrosion
inspection programs including smart pigging and maintenance
pigging,examining corrosion under the insulation that covers
(and thus hides) the pipe, and digging up key road crossings where
corrosion can be a significant problem--were also affected by this
cost-cutting program.
The Subcommittee's investigation resulted in BP making
major changes to their work culture on the North Slope, and the
assurance that BP would completely overhaul many of the
critical pipelines responsible for delivering oil product
ultimately to U.S. consumers.
GASOLINE PRICES, OIL COMPANY PROFITS AND THE AMERICAN CONSUMER
On May 22, 2007, the Subcommittee held a hearing to examine
the factors underlying the recent sharp rise in gasoline
prices, the effects of such increases, and the role of the
Federal Trade Commission (FTC) in addressing this problem. The
hearing included testimony from State and Federal regulators
with direct experience with this issue. The Subcommittee also
received testimony from public interest groups and an energy
economist. Several of the largest oil companies and refiners
were invited to testify, but declined the opportunity.
The Subcommittee's investigation showed that:
The sharp rise in gasoline prices imposes a very
substantial cost burden on the average American consumer. By
increasing the cost of transportation, rising gasoline prices
affect the cost of goods and services throughout the economy
and can even cause recession. GAO has estimated that each
additional 10 cents per gallon of gasoline adds $14 billion to
Americans' annual gasoline bill.
During the recent waves of mergers and
acquisitions in the oil industry, including the combination of
some of the largest and most profitable companies in the world,
there has been little response from Government regulators. At
the Federal level, the FTC has the primary responsibility for
merger reviews for the oil industry, for monitoring gasoline
prices, and for investigating possible antitrust violations
under the Sherman Act and the Clayton Act. The FTC did not
object to any of the major oil company mergers and acquisitions
of the past 10 years.
No Federal law specifically addresses price
gouging. Although the Energy Policy Act of 2005 did require the
FTC to investigate whether the price of gasoline is being
``artificially manipulated by reducing refinery capacity or by
any other form of market manipulation or price gouging
practices,'' the statute did not provide a remedy for price
gouging. In May 2006, the FTC released its report, finding
generally that sellers behaved competitively and that price
increases in the aftermath of Hurricane Katrina were the result
of increased costs, although there were limited instances of
price gouging.
The Subcommittee's investigation and hearing created a
record in support of Subcommittee Chairman Stupak's bill, H.R.
1252, the Federal Price Gouging Prevention Act, which passed
the House on May 23, 2007.
ENERGY SPECULATION: IS GREATER REGULATION NECESSARY TO STOP PRICE
MANIPULATION?--PARTS I & II
On December 12, 2007 and June 23, 2008, the Subcommittee
held hearings to assess whether excessive speculation in
futures markets was responsible for driving up energy prices,
and also examined whether excess speculation could be blamed
for the doubling of crude oil prices.
The Subcommittee's investigation examined major loopholes
in futures market regulation that contributed to a price bubble
in oil markets. These were the ``Enron Loophole'', which allows
speculators to avoid regulatory oversight by trading energy
commodity futures on unregulated over-the-counter markets and
the ``London Loophole'', which allows foreign boards of trade,
such as ICE Futures Europe, to offer energy futures contracts
for commodities with a U.S. delivery point on electronic
terminals in the U.S., but operate free from the Commodity
Futures Trading Commission (CFTC) market integrity rules.
Natural gas and heating oil buyers testified that
speculators can use these loopholes to manipulate market
prices. They pointed to reports about the hedge fund, Amaranth,
which evaded market oversight by shifting its natural gas
holdings from the CFTC-regulated NYMEX to the unregulated ICE
market. The hearings released voice recordings of traders
discussing strategies to squeeze prices and disguise their
efforts at price manipulation.
In addition, the Subcommittee probed whether the CFTC was
attempting to undermine authority provided to the Federal
Energy Regulatory Commission to police and punish price
manipulation in physical and financial markets for natural gas
and electricity. These laws were enacted in 2005 after it was
revealed that Enron had intentionally manipulated energy
supplies and prices as part of the California energy crisis.
These hearings created a record that assisted Congress in
the enactment of a number of key legislative initiatives in the
110th Congress. These included:
The Food, Conservation, and Energy Act of 2008
(P.L. 110 246), which was enacted on June 18, 2008, partially
closed the Enron Loophole, by requiring that certain high
volume futures contracts which trade on exempt electronic
trading facilities be subject to CFTC regulation. This includes
speculative position limits and large trader reporting;
however, these reforms do not close the foreign board of trade
loophole.
The House of Representatives passed the Commodity
Markets Transparency and Accountability Act of 2008 (H.R. 6604)
on September 18, 2008. This bill closed the Swaps Loophole,
narrowed the ``London Loophole'', provided transparency in the
unregulated OTC markets and empowered the CFTC to intervene in
the unregulated derivatives markets. The Senate did not take up
this bill in the 110th Congress.
The FY09 Energy and Water Appropriations Act
provided the Energy Information Administration with funding and
direction to monitor activities futures markets, in addition to
monitoring and reporting data on physical energy markets.
SELLING THE DEPARTMENT OF ENERGY'S DEPLETED URANIUM STOCKPILE:
OPPORTUNITIES AND CHALLENGES
An April 3, 2008, Subcommittee held a hearing to assess
whether the Department of Energy (DOE) has a plan to generate
income for the U.S. treasury by selling part of its depleted
uranium stockpile to utilities or uranium enrichment companies.
Between 2000 and 2008, uranium prices jumped tenfold, from
about $21/kg to $200/kg. This price increase has transformed
DOE's depleted uranium tails (tails) inventory from an
environmental liability into a potential $7.6 billion asset,
according to GAO.
The hearing found that DOE lacked a concrete strategy to
capitalize on the value of the tails, and explored whether DOE
needed additional legal authority to auction or barter the
depleted uranium. In addition to auctioning the tails ``as is''
to utilities, DOE could enter into a sole source contract with
the United States Enrichment Corporation, currently the sole
operator of a domestic uranium enrichment plan, to enrich the
tails. Alternatively, DOE could ship the tails overseas to
France or Russia for enrichment where there is excess capacity.
GAO found that the Atomic Energy Act must be amended to provide
DOE additional legal authority to auction the tails. The
Committee is currently developing legislation directing DOE how
to optimize returns to taxpayers from its depleted uranium
tails inventory.
POISONED PATRIOTS: CONTAMINATED DRINKING WATER AT CAMP LEJEUNE
On June 12, 2007, the Subcommittee held a hearing to
examine issues arising from the past contamination of drinking
water at U.S. Marine Corps Base Camp Lejeune. The hearing
included testimonyfrom former Marine Corps residents of Camp
Lejeune who, along with their families, drank, cooked with, and bathed
in the contaminated water. The Subcommittee also received testimony
from Government agencies that are responsible for dealing with the
contamination, assessing the adverse health effects, and investigating
allegations of criminal violations of Federal law, including the Marine
Corps, the Department of the Navy, the Agency for Toxic Substances and
Disease Registry (ATSDR), the Environmental Protection Agency, and GAO.
As a result of this hearing, a provision was inserted into the Defense
Authorization Act for 2008 (Public Law 110-181) requiring the Navy to
notify all current and former Marines who might have been affected by
the drinking water contamination at Camp Lejeune.
The Subcommittee's investigation revealed that:
Drinking water contamination by trichloroethylene
(TCE) at Camp Lejeune began much earlier and continued longer
than was originally believed, extending from at least 1957 to
1987.
The TCE contamination at Camp Lejeune far exceeded
the Navy Department's own drinking water standards that existed
at the time, as well as EPA's current drinking water standard.
The Navy has received 850 claims for injuries or
death caused by this contaminated drinking water, yet has acted
on none of them.
The Defense Department has never attempted to
personally notify all of the Marines and their families who
were exposed to the contamination.
This was the first of a series of hearings the Subcommittee
plans to hold on environmental problems at Department of
Defense (DOD) facilities. The Subcommittee intends to issue a
comprehensive staff report on this investigation in 2009.
SCIENCE UNDER SIEGE: SCIENTIFIC INTEGRITY AT THE ENVIRONMENTAL
PROTECTION AGENCY
On September 18, 2008, the Subcommittee on Oversight and
Investigations held a hearing to examine scientific integrity
at the U.S. Environmental Protection Agency. As part of this
inquiry, the Subcommittee examined allegations of political and
commercial interference with EPA scientists and science-based
decision making at the Agency; the ``streamlining'' of the
Integrated Risk Information System (IRIS) to make it much more
difficult for EPA to publish scientific analysis on the human
health risks of chemicals; the EPA's removal of Dr. Deborah
Rice at the request of the chemical industry from a scientific
peer review panel on the flame retardant chemical
decabromobiphenyl ether (Deca); and the EPA's adoption of a
since-discredited test method for toxaphene at the Hercules
Superfund site near Brunswick, Georgia.
Witnesses testifying at the hearing included GAO, the Union
of Concerned Scientists, Dr. Deborah Rice (chief toxicologist
for the State of Maine), two environmental groups, the chemical
industry, and EPA.
The Subcommittee's investigation revealed that:
EPA's new, ``streamlined'' IRIS process has all
but halted new or updated entries to the IRIS database on the
health effects of toxic chemicals. The slowdown in IRIS entries
and updates is tied to the intervention of the Office of
Management and Budget (OMB) in the IRIS review and approval
process. It appears that any IRIS listing that is the least bit
controversial will take from 6 to 8 years to be completed under
this new process.
EPA's new IRIS process allows OMB to conduct IRIS
evaluations in secret. Under this system, OMB, rather than EPA,
manages the process and receives secret comments from polluting
agencies, such as DOD and DOE. Under the new process, OMB, not
EPA, controls the IRIS process and what goes into the final
evaluations.
A survey conducted by the Union of Concerned
Scientists showed that political interference with EPA
scientists was frequent and pervasive. Hundreds of EPA
scientists complained of political interference in their
scientific work. Moreover, interference comes from inside the
Agency, from other agencies, from the White House, and from the
private sector via political appointees.
At the request of the chemical industry, EPA
removed Dr. Deborah Rice from an EPA peer-review panel on the
human health effects of Deca. EPA told Dr. Rice that she was
being removed due to a ``conflict of interest'' because she had
provided to the Maine legislature in her capacity as the State
toxicologist her opinion that there are safer chemicals than
Deca available for use as flame retardants. EPA's decision to
remove her is unjustifiable, since there is no conflict of
interest in a State employee testifying before the State
legislature on a subject on which she is expert.
EPA tested for toxaphene contamination using the
wrong test and searching for the wrong toxins, despite being
told by the Army Corps of Engineers, ATSDR, and the EPA
Inspector General that it was using the wrong test and testing
for the wrong toxins. Moreover, EPA based its testing decision
on an unsupported scientific paper published in a journal
biased in favor of the chemical industry.
We anticipate that this may be the first of a series of
hearings on the role of scientific integrity in Government
regulation and in the private sector.
Investigative Activities
SUPPRESSION OF THE CDC'S GREAT LAKES REPORT
The Subcommittee conducted an investigation into the
circumstances surrounding the CDC's decision to block the
release of a study conducted by its own scientists entitled,
``Public Health Implications of Hazardous Substances in the
Twenty-Six U.S. Great Lakes Areas of Concern'' (referred to as
the ``Great Lakes Report''). The Committee also investigated
allegations that the lead scientist who conducted the study was
being retaliated against by the CDC because of the findings
reached in the Great Lakes study, and for revealing the human
health risks created by formaldehyde in the FEMA trailers
provided to Katrina victims.
As a result of the Subcommittee's investigation, the CDC
agreed to finally publish the report and not to take adverse
personnel actions against the lead scientist involved. In
addition, the CDC revised the Great Lakes Report and sent it to
the Institute of Medicine at the National Academies of Science
for an independent review.
ENVIRONMENTAL ENFORCEMENT
We are examining whether Federal agencies that are supposed
to police the polluters and protect consumer interests are
doing an adequate job of enforcement. An investigation is
underway into a plea agreement between British Petroleum and
DOJ regarding a refinery explosion that killed 15 and injured
170 in Texas. The key question is whether the plea agreements
are inadequate to deter this kind of misconduct in the future.
HEALTH RISKS AT ATSUGI NAVAL AIR FACILITY IN JAPAN
We have initiated an investigation of the Department of the
Navy's failure to protect its own service men and women, as
well as their dependent families, from pollution caused by a
hazardous waste incinerator at the Atsugi Naval Air Facility in
Japan. The Committee is also examining the Navy's refusal to
provide medical treatment to those injured by the incinerator,
including dependent families.
Hearings and Investigative Activities Pertaining to Commerce, Trade,
and Consumer Protection
Hearings
DIRECT-TO-CONSUMER ADVERTISING: MARKETING, EDUCATION, OR DECEPTION?
On May 8, 2008, the Subcommittee held a hearing to examine
the potentially misleading and deceptive tactics used in
direct-to-consumer (DTC) advertisements (ads) for prescription
pharmaceutical products. The hearing examined three specific
television advertisements: ads for Lipitor featuring Mr. Robert
Jarvik, ``Food and Family'' ads for Vytorin, and ``cancer
fatigue'' or ``quality of life'' ads for the cancer drug,
Procrit.
The Subcommittee's investigation revealed that:
The United States is only one of two countries that allow
DTC ads.
Research has shown that DTC advertising may result
in advertised drugs being prescribed when a similar, less-
expensive drug may have been just as appropriate.
Every $1 spent on DTC advertising results in up to
a $6 increase in sales, and one study demonstrated that every
$1,000 spent in DTC advertisements resulted in 24 new
prescriptions.
The investigation and hearing accomplished the following:
The Jarvik Lipitor ads and the Vytorin ads were
taken off the air.
PhRMA (Pharmaceutical Research and Manufacturers
of America) has revised their DTC guidelines and adopted many
of the Committee's recommendations.
As part of this investigation, the Subcommittee initiated
numerous Committee letters questioning the safety of a class of
cancer drugs known as Erythropoiesis-Stimulating Agents (ESAs).
Subcommittee staff attended several FDA Advisory Committee
meetings in connection with these drugs where the abusive
marketing practices of these drugs which were addressed at the
DTC hearing were raised. It is apparent that the Subcommittee's
oversight attributed to a number of drastic changes in usage
and marketing of this specific class of drugs:
--On July 30, 2007, CMS issued a National Coverage Decision
(NCD) which greatly restricted reimbursement for use of the
drug.
--On November 8, 2007, FDA strengthened the boxed warnings
and announced other label changes for ESAs, which included a
warning concerning risk of mortality and tumor growth.
--On September 11, 2008, Amgen, the manufacturer of one of
the ESA cancer drugs, announced that it would discontinue
certain of its abusive marketing practices (called ``bundling''
which involved rebates for purchasing quantities of another
Amgen drug), which have been criticized for encouraging overuse
of the drug.
IN THE HANDS OF STRANGERS: ARE NURSING HOME SAFEGUARDS WORKING?
In response to a wave of acquisitions of large, publicly
held nursing home chains by private equity firms and the
development of new and opaque investment models, the
Subcommittee launched an investigation into the effect of new
ownership structures. The Subcommittee's investigation revealed
that CMS's and the States' ability to identify and track
nursing home owners and investors is severely limited, and that
the current inspection systems, intended to protect residents
from abuse and neglect, are ill-adapted to deal with chain
ownership and systemic weaknesses.
On May 15, 2008, the Subcommittee held its first hearing in
31 years on nursing home resident protection issues. The CMS
Administrator had contended, prior to the hearing, that CMS
could enforce resident protection rules regardless of ownership
form. However, after listening to numerous witnesses testify
about the difficulties in finding and holding the right people
accountable for poor care when ownership is opaque--including
the Attorney General of Connecticut, a local Ombudsman, the
family of a neglect victim, and HHS's Office of Inspector
Generalthe Administrator promised to improve the CMS tracking
and survey systems and work with the States and OIG to ensure
interoperability and broader access to information.
As a result of our investigation and hearing:
In February 2008, CMS publicly disclosed the names
of 147 nursing homes, including those terminated from the
Medicare and Medicaid programs for persistent failure to
improve.
Shortly before the hearing, CMS linked the poor
performer list to its ``Nursing Home Compare'' Web site for
consumers.
Shortly after the hearing, CMS implemented a more
informative ``five-star'' rating system on its Web site to help
families evaluate the quality of care in nursing homes.
In August 2008, CMS began requiring its quality
improvement contractors to work closely with and provide
technical assistance to chronically poor performing nursing
homes.
Legislation has been introduced in the Senate to
require ownership information and expand legal protections for
residents and their families, with similar legislation being
drafted in the House.
LONG-TERM CARE INSURANCE: ARE CONSUMERS PROTECTED FOR THE LONG TERM?
The Subcommittee investigated long-term care insurance
carriers that unfairly deny or delay payment on claims. On July
24, 2008, the Subcommittee held an oversight hearing at which
we heard from GAO, State regulators, consumer advocates,
industry representatives, and the family of an elderly disabled
policyholder. The Subcommittee examined whether insurers were
unfairly increasing premium rates on existing customers and
improperly denying claims, and the extent to which States could
adequately protect consumers from industry abuses.
Since the hearing, efforts have increased to strengthen
consumer protections in model long-term care insurance laws,
including the development of procedures for independent third-
party review of claims denials. At the same time, in response
to issues raised by the Subcommittee, Senate and House staff is
working on legislation to foster stronger and more uniform
consumer protections at the State level.
Investigative Activities
THE FEDERAL COMMUNICATIONS COMMISSION'S REGULATORY PROCESSES AND
MANAGEMENT PRACTICES
The Subcommittee staff conducted an investigation of the
Federal Communications Commission's (FCC) regulatory processes
and management practices. The Subcommittee's investigation was
prompted by allegations to the effect that Chairman Kevin J.
Martin has abused FCC procedures by manipulating or suppressing
reports, data, and information.
Over the course of the investigation, the Committee staff
reviewed several hundred thousand documents (both hard copy and
electronic), including 95 boxes of paper documents; conducted
73 interviews of current and former FCC employees and
individualsassociated with the telecommunications industry;
solicited and received e-mails from FCC employees and contractors at a
secure e-mail address established for this purpose; and reviewed dozens
of allegations that were delivered by hand, fax, phone, and mail.
On December 9, 2008, the Committee released the Majority
Staff Report on this investigation, ``Deception and Distrust:
The Federal Communications Commission Under Chairman Kevin J.
Martin.'' As discussed in more detail in the report, the staff
found:
There are instances in which the Chairman
manipulated, withheld, or suppressed data, reports, and
information. Chairman Martin withheld important and relevant
data from the other Commissioners during their consideration of
the 13th Annual Video Competition Report in an apparent attempt
to enable the Commission to regulate cable television
companies. In addition, Chairman Martin's manipulation of the
Second A La Carte Report may have damaged the credibility of
the Commission, and certainly undermined the integrity of the
staff. Moreover, it was done with the purpose of affecting
congressional decision-making, in that it was issued as a
report to Congress.
Important Commission matters have not been handled
in an open and transparent manner, thereby raising suspicions
both inside and outside the Commission that some parties and
issues are not being treated fairly. Chairman Martin's
peremptory reversal of the First A La Carte Report's
conclusions without seeking further public comment or
conducting further studies gives the impression that the issue
was not handled openly and fairly. Our investigation confirmed
this impression.
The Commission has failed to carry out some
important responsibilities. The Commission's oversight of the
Telecommunications Relay Service Fund has been lax at best. The
Chairman's office appears to have ignored evidence that the
ratepayers have been overcharged, while the companies providing
Telecommunications Relay Service have been overcompensated,
potentially by as much as $100 million per year. In addition,
the Commission has failed to submit statutorily required
reports to Congress. Finally, the Commission took months to
respond to our records request, and many records are still
outstanding. The Commission has yet to produce numerous emails
and other electronic records covered by our records request.
Chairman Martin's heavy-handed, opaque, and non-
collegial management style has created distrust, suspicion, and
turmoil among the five current Commissioners. Relations among
Commissioners are not collegial. Chairman Martin does not
afford his fellow Commissioners direct and unfettered access to
the Commission staff and their expert advice, thereby hindering
the ability of the other Commissioners to carry out the duties
of their offices and the work of the Commission.
Commission staff have not been efficiently
managed. Within a few days of taking office, Chairman Martin
imposed a major reshuffling of FCC staff throughout the agency.
While a certain amount of reorganization is not unprecedented
for a new chairman, it was highly unusual in both its breadth
(nearly every senior position at the agency changed hands) and
its depth (even a number of non-management line staffers found
themselves inexplicably reassigned). In some instances, senior
employees with extensive experience and expertise were
reassigned to junior-level positions, a senseless waste of
resources. It appears that some important Commission
proceedings were delayed as a result.
There is evidence that since our investigation began,
Chairman Martin has taken some steps to address these problems.
For example, Martin has initiated regular press conferences and
publicized hearing agendas in a timely fashion. In addition, it
appears that the Commission staff is now being engaged in
certain matters where it was largely ignored in the past.
THE UNIVERSAL SERVICE FUND
The Committee has continued to conduct ongoing oversight
over the Universal Service Fund (USF) which was created by the
FCC to help meet the goals of ``Universal Service'' as mandated
by the Telecommunications Act of 1996. Those goals include
advancing the availability of telecommunications services to
all consumers, including those in low income, rural, insular,
and high cost areas at rates that are reasonably comparable to
those charged in urban areas. USF is administered by the
Universal Service Administrative Company (USAC).
In early 2007, the Committee announced the reopening of its
investigation into the USF program. Committee staff requested
several meetings and briefings with the Federal Communications
Commission's Office of Inspector General and USAC. On April 12,
2007, the Committee requested that GAO continue its examination
of waste, fraud, and abuse in the E-rate program, and devote
special attention to the High Cost program. In June 2008, GAO
completed its review of the High Cost program and issued its
report ``FCC Needs to Improve Performance Management and
Strengthen Oversight of the High Cost Program'', finding
problems with the oversight of the program as the Committee had
suspected.
DEPARTMENT OF COMMERCE--INSPECTOR GENERAL
In April 2007, the Committee launched an investigation of
Inspector General Johnnie E. Frazier of the Department of
Commerce in response to numerous allegations of widespread
fraud, waste and abuse within the Office of Inspector General
that involved Mr. Frazier and his management team. The
allegations included the filing of fraudulent travel vouchers,
contracting irregularities, wasteful expenditures, favoritism,
pre-selection of Senior Executive Service (SES) candidates,
harassment of whistleblowers, and obstruction of justice.
Committee staff issued a comprehensive document request,
reviewed thousands of pages of paper and electronic records,
and conducted investigative interviews of numerous employees of
the Department. As a result of the Committee's investigation,
Inspector General Johnnie Frazier announced his resignation on
June 7, 2007, which became effective on June 29, 2007. A number
of other senior officials in Frazier's office implicated in
these allegations also resigned shortly after Frazier's
departure. In early 2008, two whistleblowers from the Office of
Inspector General who were reassigned because they had
questioned the Inspector General's travel activities were
restored to their previous positions by the incoming Inspector
General Todd Zinser, at the insistence of the Committee.
DEPARTMENT OF COMMERCE--TRAVEL ABUSE
The Committee referred certain allegations to the
Government Accountability Office's forensics investigators to
conduct an audit relating to a major renovation project and
premium class travel at the Department. After reviewing travel
records, including government-issued credit cards of Department
employees, GAO's forensic team identified several cases of
potential fraudulent use of federal travel funds for non-
business reasons and improper use of government credit cards.
At the request of the Committee, on September 24, 2008, GAO
issued a ``referral letter'' to the Department's Office of
Inspector General to investigate these matters in lieu of an
official report to the Committee. Based on this work, the
Committee has continued to receive additional allegations
concerning travel abuses at the Department and is continuing to
monitor this matter.
DEPARTMENT OF COMMERCE--OTHER
The Committee conducted oversight of various other programs
and Federal responsibilities of the Department of Commerce. For
example, the Committee did considerable work monitoring the
progress of the National Telecommunications and Information
Administration's (NTIA) digital television transition (DTV)
program, and its billion-dollarpublic safety interoperability
grant program. The Committee reviewed the Department's and NTIA's
relationship and interaction with the Internet Corporation for Assigned
Names and Numbers (ICANN), the organization that coordinates the domain
name system and Internet protocols and is responsible for ensuring that
domain registry agreements are made in a fair and open process. In
addition, the Committee worked to monitor developments in the
Department of Commerce's National Oceanic and Atmospheric
Administration, including oversight of the management of the National
Hurricane Center.
TOURISM AND PUBLIC ACCESS TO PUBLIC LANDS IN WASHINGTON, D.C.
In July 2007, as part of its jurisdiction over tourism and
trade, the Committee opened an inquiry with regard to findings
issued in a report by the Department of Interior's (Department)
Office of Inspector General, entitled, ``Private Use of Public
Lands, National Park Service and Bureau of Land Management''
(Report No. W-IN-MOA-008-2005). The Office of Inspector General
found that the National Park Service (NPS) permitted private
clubs, such as the Washington Canoe Club (WCC), to monopolize
and use public lands to the exclusion of the general public. In
addition to this report, the Subcommittee received allegations
concerning potentially discriminatory practices by this club in
regard to its membership. Accordingly, the Committee, among
other things, questioned the appropriateness of the
Department's issuance of ``special use'' permits to private
clubs to use public land on an ongoing basis without any
apparent oversight of the activities and membership practices
of the private clubs. On July 16, 2007, the Committee issued a
document request, and it received an initial briefing from the
Department and NPS staff in August 2007.
On January 25, 2008, the Committee wrote to the Department
indicating that NPS failed to provide the Committee with
requested information regarding any actions that NPS had taken
or were planning to take in response to the OIG audit report,
and requested records to determine the progress made by NPS. In
the course of the inquiry, the Department and NPS admitted to
Committee staff that NPS did not have any legal authority to
issue ``special use'' permits to WCC as it had done in the past
for decades--even calling the issuance of these permits
``illegal.'' Although the investigation was unable to prove
discriminatory practices, NPS authorities admitted that they
had been lax at overseeing the activities or even inspecting
the facilities of the club. They claimed that though they would
not tolerate discriminatory practices in the selection of
members for the club, they had no system set up to even know
what membership policies were there.
Through subsequent briefings and discussions with NPS, the
Committee was assured that NPS had undertaken a major
assessment to evaluate each permit issued to private entities
that use public land. In addition, NPS said it would, among
other things, move expeditiously to open park lands subject to
long-term permits and grant public access through appropriate
and legal authorization, and audit 20 percent of the parks each
year to ensure that special use programs comply with applicable
regulations.
DEATHS FROM KITCHEN RANGE TIPOVERS
Early in 2007, the Subcommittee began an investigation into
problems with kitchen ranges tipping over and causing serious
injuries, including death. On March 5, 2007, Chairman Dingell
and Subcommittee Chairman Stupak wrote the Chairman of the
Consumer Product Safety Commission (CPSC) requesting extensive
data and information on incidents involving range tipovers. The
Subcommittee found that there are, in fact, very serious
problems with the stability of free-standing kitchen ranges as
sold and installed in the United States. Moreover, this has
been a problem at least since 1980 and it has continued up to
the present.
According to the CPSC's data, since 1980 at least 33 people
have been reported killed by kitchen stoves tipping over on
them. Nearly 60 percent of those killed were small children. In
addition to these deaths, at least another 51 people--again,
mostly small children--were injured, most of them suffering
severe burns, when stoves tipped over on them.
The Subcommittee's investigation prompted the leading
retailer of kitchen ranges to agree to ensure the installation
of stabilizing brackets for all kitchen ranges it sells. In
addition, consumer protection advocates believe that national
publicity resulting directly from the Subcommittee's
investigation has helped save lives by alerting consumers to
the risk involved and the necessity for installing stabilizing
brackets.
Hearings and Investigative Activities Pertaining to Homeland and
National Security
Hearings
CONTINUING SECURITY CONCERNS AT LOS ALAMOS NATIONAL LABORATORY--PART I
Over the past two years, the Subcommittee has held three
hearings examining security at the Department of Energy's
national labs, mostly relating to security at Los Alamos
National Lab (LANL). Each hearing examined an array of concerns
surfaced by both internal and external audits and
investigations relating to both how LANL secures classified and
other sensitive information and its ability to mitigate against
all forms of physical intrusion including a terrorist attack.
As LANL has had longstanding security problems for more than a
decade, the Subcommittee continued its direct oversight of its
activities including requesting a number of comprehensive
audits and reviews by GAO.
The first hearing on January 30, 2007, dealt with the
physical security of the lab (often referred to as ``guns,
guards, and gates'') and those related to the security of
information, which includes unclassified and classified cyber
networks. It reviewed the storage and safeguarding of
classified and sensitive documents and other forms of
electronic media, often referred to as Classified Removable
Electronic Media (CREM).
The hearing was in response to an October of 2006 incident
wherein the Los Alamos County Police responded to a call at the
home of a former Los Alamos National Laboratory (LANL)
subcontractor employee. During the search of the former
employee's home, police found and seized computer flash drives
that contained a number of classified documents from one of the
LANL's secure vaults. In addition, police found and seized
several hundred pages of classified documents. Upon learning of
these events, the Department of Energy (DOE) Secretary
requested that--in addition to other inquiries--the Inspector
General initiate a review to determine whether LANL and the
Department had adequate safeguards in place to protect against
this and other potential cyber security events, and
specifically to examine the facts surrounding this case.
Security, both physical and cyber (computer networks and
classified removable electronic media or ``CREM'') had been a
concern at this lab for more than a decade. That most recent
event represented yet another breach and potential damage to
some of the Nation's most important information. The matter
discussed at this hearing closely followed other events that
the Subcommittee had been investigating. For example, only two
years previous to this hearing LANL was plagued by a series of
incidents involving safety and mishandling of classified
information, resulting in hearings by the Subcommittee. Those
security breaches prompted then-Lab Director Peter Nanos to
suspend all work activities for the LANL in July 2004, and
prompted Subcommittee Members to visit LANL for a briefing on
new security procedures involving classified material and
security. LANL's shut down lasted nearly seven months at a cost
to the taxpayer of approximately $367 million.
CONTINUING SECURITY CONCERNS AT LOS ALAMOS NATIONAL LABORATORY--PART II
On April 20, 2007, the Subcommittee held its second hearing
looking at security at LANL. Its purpose was to review the
findings of two Task Forces established by the Secretary of
Energy in response to prior security breaches at the lab. One
focused on Personnel Security (related to how contractors and
other DOE employees had been granted security clearances) and
the second focused on Cyber Security.
The first report was entitled Personnel Security Task
Force: The Secretary of Energy Task Force Review of the
Departmental Personnel Security Program (February 2007), and
examined whether there were any other security clearance
approvals where individuals were using drugs at the time their
clearance was being adjudicated. The task force found that, of
the 453 security clearances processed at the National Nuclear
Security Administration (NNSA) Service Center between June
2001--June 2002, that involved past use of illegal drugs, some
had admitted to illegal drug use in the 30 days prior to
approval of their security clearance. Eighteen (18) others had
derogatory information that has resulted in a re-evaluation of
their status.
In response, on April 2, 2007, the Deputy Secretary issued
a memo to the Under Secretaries for Energy and Science, and the
National Nuclear Security Administration (NNSA) Administrator
mandating a number of changes relating to security clearances.
These included: (1) a review of all security clearances granted
in the past 5 years to individuals who had used drugs within 12
months prior to receiving their clearance; (2) Denial of
security clearances for individuals admitting use of drugs in
the 12 months prior to their application; (3) Federal and
contractor employees with clearances would be subject to pre-
employment random drug testing, and (4) any substantiated or
admitted drug involvement by individuals with a security
clearance to result in termination of the clearance.
For this hearing, the Subcommittee also examined a second
report issued by the Secretary entitled ``Cyber Security Task
Force: The Report to the Secretary of the Ad Hoc Committee to
Review the Cyber Related Recommendations in the Inspector
General's Special Inquiry Report to the Secretary on the Recent
Security Incident at the Los Alamos National Laboratory
(February 28, 2007).'' This report made a number of
recommendations related to security at the labs. These included
disabling USB ports in computers that could permit unauthorized
diversion or theft of classified information by January 15,
2007; securing classified computer racks if the USB ports were
not otherwise secured; limiting computer access to those who
specifically require it; updating classified information
security plans; and finally issuing new cyber security policy.
The Subcommittee examined in detail these recommendations,
the plans the Department had for implementing them (including
key implementation milestones) and the additional measures
needed to adequately safeguard security at the labs. The
Subcommittee revealed that the DOE's program to penalize
violations of security regulations had been hobbled at Los
Alamos because the DOE had omitted critical provisions in the
contract with its contractor.
REVIEW OF CONTINUING SECURITY CONCERNS AT DOE'S NATIONAL LABS
The Subcommittee held its third hearing on September 25,
2008, regarding ongoing security issues at DOE's national
laboratories (labs) including LANL. Preliminary reports have
suggested that LANL--which has traditionally been one of the
most problematic labs from a security perspective in the DOE
complex--has reportedly made noteworthy progress in addressing
some key security weaknesses once listed as major concerns by
outside auditors, including GAO and DOE's Office of Safeguards
and Security. Moreover, as was reported to staff by lab
officials, the audits and reviews requested by the Subcommittee
have assisted LANL in formulating blueprints to address ongoing
security issues. Though LANL appears to have made measurable
improvements in key areas relating to some aspects of physical
and information security (particularly in the control of
classified documents and other forms of electronic media), the
Subcommittee will continue its oversight to encourage forward
progress.
Finally, in addition to physical security, the Subcommittee
also examined several issues related to cyber security at the
labs. Some of these were related to issues first raised in the
April 20, 2007, hearing, while additional issues were related
to independent work being conducted by DOE's Office of
Inspector General (DOE OIG) and GAO).
The ``yellow network,'' which is connected to the Internet,
contains unclassified but sensitive information, including
diverse research data, business proprietary information,
unclassified controlled nuclear information, naval nuclear
propulsion information, export control information, the
military critical technology list, confidential foreign
government information, personally identifiable information
(including names, aliases, Social Security numbers), and
nuclear reactor safeguards information.
According to related work conducted by the GAO and others,
due to the nature of research and development conducted at
LANL, the information on the unclassified network could present
``a valuable target for foreign governments, terrorists, and
industrial spies.'' This hearing in closed session examined how
secure this network was and whether additional protections were
needed to safeguard it from potential cyber threats. Through
its own investigation and based on the audits of the GAO and
DOE OIG, the Subcommittee Members concluded that additional
security controls were necessary to ensure the protection of
sensitive information contained and transmitted over this
network.
At the conclusion of the 110th Congress, the Subcommittee
had requested that GAO and DOE OIG conduct additional work
examining security of the unclassified network. Additionally,
ongoing work involving how the classified ``red'' network was
being protected at selected weapons labs was also continuing.
NUCLEAR TERRORISM PREVENTION: STATUS REPORT ON THE FEDERAL GOVERNMENT'S
ASSESSMENT OF NEW RADIATION DETECTION MONITORS
Since the attacks of September 11, 2001, the Committee has
been investigating the capacity of the Department of Homeland
Security (DHS) to target and inspect sea cargo containers bound
for the United States from foreign ports in order to prevent
possible smuggling of nuclear weapons or radiological
materials. On September 18, 2007, the Committee held a hearing
entitled, ``Nuclear Terrorism Prevention: Status Report on the
Federal Government's Assessment of New Radiation Detection
Monitors,'' which reviewed the GAO's critical assessment of the
Domestic Nuclear Detection Office's (DNDO) efforts to test,
certify, and deploy a new generation of radiation portal
monitors known as ``Advanced Spectroscopic Portals'' (ASPs).
GAO found that the tests failed to assess the machine's
blind spots, and that the vendors were given key information
which allowed them to calibrate their machines to perform
better in advance of the performance tests. Following the
hearing, the Subcommittee requested that DNDO conduct further
tests before making a planned $1.2 billion purchase of the ASP
technology. Meanwhile U.S. Customs and Border Protection
flagged significant ``functionality'' problems with the new ASP
machines, and refused to purchase them until they were fixed.
As the result of the Subcommittee's investigation, the
Homeland Security Appropriations Act FY08 prohibited DNDO from
making full scale procurement until it conducted additional
testing, and the Secretary certified that these new machines
provided a ``significant increase in operational
effectiveness'' and the National Academy of Sciences concurred.
This action saved taxpayers $1.2 billion by blocking the
purchase of machinery that was not proven to be ready for
deployment at our ports and border crossings. This restriction
was re-imposed in the FY09 appropriations act.
GERMS, VIRUSES, AND SECRETS: THE SILENT PROLIFERATION OF BIO-
LABORATORIES IN THE UNITED STATES
On October 4, 2007, the Subcommittee held a hearing to
examine the risks associated with the recent rapid
proliferation of high-containment biological research
laboratories in the United States. The hearing featured
testimony from GAO with regard to their extensive investigation
of high-containment bio-research laboratories. The Subcommittee
also received testimony from the principal Government agencies
involved in regulating these laboratories: CDC and the National
Institutes of Health (NIH). Also testifying were Texas A&M
University, which owns a high-containment laboratory; the
Center for Biosecurity of the University of Pittsburgh Medical
Center; the Center for Arms Control and Non-Proliferation; and
the Sunshine Project. The Subcommittee's Investigation revealed
that:
No Federal agency knows for sure how many high-
containment bio-laboratories there are in the United States,
but there appear to be more than 600 Bio-Safety Level 3 (BSL-3)
laboratories.
The number of Bio-Safety Level 4 (BSL-4)
laboratories in the U.S. has grown from 2 in 1996 to 12 by
2008. BSL-4 labs handle the most deadly pathogens, for which
there is no known cure. As of 2007, there were six in operation
and another seven slated to open by 2008 over the next few
years. The need for this extraordinary increase in capacity,
however, is unclear. Nevertheless, over the last five years,
the National Institute of Allergy and Infectious Diseases, an
institute within NIH, has spent more than $1 billion on new
construction and some $3 billion on biodefense research.
No single Federal agency has overall
responsibility for the regulation of laboratory biological
research and not all dangerous pathogens are regulated. The
majority of direct Federal regulation of biological research is
limited to ``select agents.'' The largest part of all other
federally funded biological research in high-containment
laboratories is regulated through contractual obligations.
Federal regulations and guidelines issued by separate agencies,
including CDC and NIH, often overlap and are often conflicting
or ambiguous.
The CDC has received 105 incident reports from
high-containment laboratories since 2003. These have ranged
from reports of missing inventory to the accidental infection
of laboratory workers. This may understate the true number of
incidents, however, because, apart from select agents, there is
no standard reporting system for accidents involving releases
or infections. In addition, laboratory researchers fear that
reporting incidents will result in sanctions imposed either
internally or by Government agencies.
NIH says there are serious questions as to whether
there are enough personnel with proper training to work in
high-containment biological laboratories. Most training of
laboratory personnel is conducted through mentoring; there is
no standard training or certification program for scientists
working in high-containment labs.
COMBATING NUCLEAR PROLIFERATION: THE EFFECTIVENESS OF THE DEPARTMENT OF
ENERGY'S INITIATIVES FOR PROLIFERATION PREVENTION (IPP) PROGRAM
On January 23, 2008, the Subcommittee held a hearing to
examine whether a 14-year-old Department of Energy (DOE) non-
proliferation program which provides funding to re-employ
Soviet-era weapons scientists and engineers in peaceful
activity needs to be reformed or phased out.
After the collapse of the Soviet Union in 1991, many of its
weapons scientists and engineers suffered significant cuts in
pay or lost their government-supported work, and there was a
concern that these scientists would be vulnerable to
recruitment by rogue nations and terrorist groups. DOE has used
a two-pronged strategy to stem so-called ``brain drain''
proliferation. Initially, DOE directly funded Soviet-era
scientists to carry out non-military research and development
work. Later, DOE sought to match U.S. industrial partners with
scientists at Russian institutes to work on the
commercialization of products and services.
An audit by GAO found that 54 percent of the scientists and
engineers hired in the IPP program are not even Soviet-era WMD
scientists. GAO also found that DOE is funding the recruitment
and hiring of young scientists who never worked on Soviet-era
WMD programs. This is contrary to the program's original
intent--to reduce the proliferation risk posed by Soviet-era
scientists. Finally, even though Russia is enjoying significant
prosperity from oil and gas exports, DOE was not requiring
Russia to contribute to these scientist engagement projects
through cost sharing.
After the hearing, the Subcommittee obtained documents
showing that at least two nuclear institutes receiving DOE
funding were also working on the Iranian nuclear power project
at Buhsher. In response to these findings, the House Energy and
Water Development Appropriations bill for fiscal year 2009
directed that no institutes be funded who are working on the
Buhsher reactor, directed that DOE prepare an ``exit'' plan for
the program, and cut the IPP program funding in half. In
addition, on October 2, 2008, DOE announced it was implementing
a cost-sharing arrangement with Russia, is phasing out
approximately half of its projects because the scientists did
not pose a proliferation threat, and it terminated work at the
institutes working on the Buhsher reactor project in Iran.
GERMS, VIRUSES, AND SECRETS: GOVERNMENT PLANS TO MOVE EXOTIC DISEASE
RESEARCH TO THE MAINLAND UNITED STATES
On May 22, 2008, the Subcommittee on Oversight and
Investigations held the second in a series of hearings on the
proliferation of biological research laboratories. This hearing
specifically reviewed the Department of Homeland Security's
(DHS) proposal to close the Plum Island Animal Disease Center
(PIADC or ``Plum Island''), located on Plum Island, NY, and
replace it with a new laboratory located on the continental
U.S., to be called the National Bio- and Agro-Defense Facility
(NBAF). The majority of the research at Plum Island is
concentrated on foot-and-mouth disease, which is very highly
contagious, and which Federal law has restricted to Plum Island
for 60 years. The DHS proposal to move foot-and-mouth disease
to the continental U.S. raises policy questions with very
significant implications for livestock health and the national
economy.
The Subcommittee heard testimony from GAO, DHS, USDA, and
the Plum Island Director. Additional witnesses included four of
the leading farming and livestock associations whose members
have a direct interest in these issues; and experts on foot-
and-mouth disease and high containment laboratory security. The
Subcommittee's investigation revealed that:
The DHS proposal to transfer foot-and-mouth
disease from Plum Island to the continental U.S. is highly
controversial. The Subcommittee's survey of livestock and
farmers' associations across the country showed only four
livestock associations supported it, while nine opposed it, and
another dozen wanted to see a thorough risk assessment
performed before they took a position on it. As of the date of
the hearing, DHS still had not performed such a risk
assessment.
A release of foot-and-mouth disease in the U.S.
would be devastating. Foot-and-mouth disease is among the most
highly contagious diseases in the world. The 2001 outbreak of
foot-and-mouth in the United Kingdom caused at least $16
billion in damage, devastated the economy, and nearly brought
down the Government. U.S. experts estimate that a similar
release in the U.S. could be even more destructive. Senator Pat
Roberts has said that an outbreak of the disease in the U.S.
could ultimately cause massive food shortages and rioting.
There is a serious question as to whether DHS has
the expertise, understanding, and technical capability to
conduct animal and zoonotic disease research. All of the
livestock and farmers' organizations that testified at the
hearing stated that USDA, rather than DHS, should be in charge
of animal disease research.
The DHS Science and Technology Directorate has
thus far failed to adequately assess the health and economic
risks, potential environmental impacts, and costs and benefits
of the proposal to close Plum Island and transfer foot-and-
mouth disease to the continental U.S. While a draft
environmental impact statement was in progress at the time of
the hearing, DHS internal documents discovered by the
Subcommittee in the course of its investigation revealed that
it would cost more to build and operate a new lab on the
mainland than it would to renovate the existing lab on Plum
Island.
Investigative Activities
ONGOING NATIONAL SECURITY CONCERNS REGARDING CYBER SECURITY
The Subcommittee spent considerable effort examining how
well the Department of Energy, including the nation's key
weapons labs, were positioned to prevent unauthorized cyber
intrusions and data theft. These efforts were the subject of
several hearings and are discussed in detail elsewhere in this
report. Nonetheless, because of ongoing concerns raised by DOE
officials and other cyber-security experts about the federal
government's vulnerability in this area generally, the
Subcommittee began discussions with GAO to develop plans to
broaden its vulnerability assessment of other key agencies and
Departments under the Committee's jurisdiction. Of particular
concern are those agencies whose IT system was demonstrated to
have profound weaknesses in the course of the Subcommittee's
other investigations. During the conclusion of the 110th
Congress, GAO had begun to scope and plan important cyber-
related assessments of key agencies and Departments, including
the possibility of conducting ``red team'' type intrusions to
assess vulnerabilities.
BIO-LABORATORY SECURITY
The Subcommittee's hearings and ongoing investigation of
the proliferation of high-containment bio-laboratories has
revealed problems with the physical security of these labs and
the training of laboratory workers. Recent revelations
regarding the Federal Bureau of Investigation's examination of
the 2001 anthrax attacks has underscored the importance of this
issue. On August 11, the Committee sent a letter to the
President of the U.S. asking him to suspend the design and
construction of new high-containment labs pending a thorough
review of all existing labs and all proposals to construct new
labs. The President has yet to formally respond to the
Committee's request.
In addition, in response to a request by Chairman Dingell
and Subcommittee Chairman Stupak, GAO conducted a study of
perimeter security at five BSL-4 labs in the U.S. In its
report, ``Biosafety Laboratories: Perimeter Security
Assessments of the Nation's Five BSL-4 Laboratories,'' (issued
September 17, 2008), GAO found that two out of the five labs
had a significant lack of perimeter security controls.
Moreover, regulations issued by the CDC Select Agent Program do
not require specific perimeter security controls.
The Subcommittee intends to continue this investigation in
the next Congress with an eye toward possible legislation.
INTERNATIONAL PROLIFERATION OF HIGH-CONTAINMENT BIO-LABORATORIES
We are continuing our investigation of the recent worldwide
proliferation of high-containment bio research laboratories,
including Bio-Safety Level 4 labs, some of which may have been
funded by the U.S. The issues include where these labs are
being built; why these labs are being built; who is paying for
them; and what are the risks associated with their operation.
As part of this investigation, GAO visited high containment
labs in the United Kingdom, Denmark, and Germany, and
regulatory agencies in the United Kingdom, France, and Germany.
We intend to continue this investigation in the next Congress.
INTERNATIONAL PIRACY AND ITS IMPACT ON ENERGY TRANSPORT, SUPPLIES, AND
COMMERCE
During the latter half of 2008, a number of press reports
have surfaced suggesting that piracy--particularly off the
coast of Somalia--has greatly increased, threatening to
directly affect U.S. shipping interests. Significant amounts of
crude oil, chemicals and other important commodities transit
the waters off the Somali coast, particularly through the Gulf
of Aden. In November 2008, one of the world's largest crude
transport vessels, the Sirius Star, carrying 2 million barrels
of crude oil was successfully high jacked. It and its crew is
currently being held for $25 million ransom.
Subsequent to this event, concerns have been expressed to
the Subcommittee that the increased rate of piracy in this
region and elsewhere raises potential energy security issues
along with potential environmental and homeland security
concerns as well. Specifically, shipping interests have
communicated to the Subcommittee that there is not a
sufficiently robust or coordinated federal plan on how to deal
with what appears to be an emerging threat for key interests in
this region. Consequently, the Subcommittee began discussions
with senior officials from the Department of Defense,
Department of Energy, United States Coast Guard and key
affected shipping industries to understand the unfolding nature
of this problem, the threat it may have on U.S. interests and
what existing solutions are being explored to eliminate or
mitigate the risk.
On a preliminary basis, the Subcommittee has found there is
ample room for improving coordination among U.S. agencies
handling this matter. Moreover, some shippers, particularly
those carrying highly vulnerable cargos such as crude oil and
chemicals have expressed concern that more assistance is needed
by the U.S. and other foreign governments specifically because
their vessels are particularly difficult to defend.
Additionally, shippers have also expressed concerns about
arming their own vessels with private security forces (an
option currently being discussed) and the liability issues
surrounding such a move. Because piracy in this region appears
to be a growing problem, it is likely that this investigation
will carry forward into the 111th Congress.
THE NATIONAL BIOSURVEILLANCE INTEGRATION SYSTEM (NBIS)
The Subcommittee is investigating the management,
operation, and activities of DHS' National Biosurveillance
Integration System (NBIS). NBIS was created by DHS as a means
of integrating bio-surveillance information across the entire
government. The purpose of our investigation is to assess the
adequacy of DHS' biosurveillance efforts, the extent to which
biosurveillance systems have been integrated thus far, and
whether biosurveillance resources are being effectively used.
According to unofficial sources, the NBIS is in fact a hollow
shell that contributes little if anything to the DHS mission
and duplicates efforts of the Department of Health and Human
Services, Centers for Disease Control and other government
agencies. Records were received in response to our initial
record request and are currently under review. The next steps
are site visits, interviews, and additional records requests.
DEPARTMENT OF DEFENSE--V-22 OSPREY INVESTIGATION
In July 2007, the Committee received allegations from a
whistleblower and former Management Systems Deputy of the
United States Air Force relating to the V-22 Osprey tilt-rotor
aircraft. The whistleblower alleged that he participated in an
internal investigation of the V-22 which found the aircraft has
fundamental technical problems that threaten its airworthiness
and combat effectiveness. Committee staff reviewed several
documents, spoke with a former program insider who corroborated
the account, and met with GAO staff to discuss possible
problems with V-22 program.
On October 30, 2007, the Committee asked GAO to review a
number of issues regarding the performance of the V-22 Osprey
combining this with a similar request from Chairman Henry A.
Waxman, House Committee on Oversight and Government Reform.
On June 2, 2008, GAO advised Committee staff via email that
its review team had been assembled, and it would begin its
inquiry into four areas: (1) What is the current estimate of
cost, schedule, and quantity for the program, and how do these
estimates compare with original estimates?; (2) Has the current
V-22 design demonstrated that it has met its key performance
parameters and other critical requirements?; (3) What key
testing, safety, and production quality issues remain open, and
to what extent do they affect the V-22's ability to conduct its
planned missions?; and (4) How is the V-22 performing in
theater, especially regarding mission capability rates and
logistics burden?
GAO plans to visit with a V-22 unit that recently returned
from Iraq to determine what information is available to address
the fourth question.
Hearings Held
Continuing Security Concerns at Los Alamos National
Laboratory--Part I.--Oversight hearing on continuing security
lapses and lax security protocol at the Department of Energy's
Los Alamos National Laboratory in New Mexico. Hearing held on
January 30, 2007. PRINTED, Serial No. 110-1.
Adequacy of FDA Efforts to Assure the Safety of the Drug
Supply--Part I.--Oversight hearing on breakdowns in FDA
processes for approving new drugs and for considering new
safety information about drugs already on the market. Hearing
held on February 13, 2007. PRINTED, Serial No. 110-5.
Post Katrina Health Care: Continuing Concerns and Immediate
Needs in the New Orleans Region.--Oversight hearing on public
health conditions in the post-Katrina New Orleans area. Hearing
held on March 13, 2007. PRINTED, Serial No. 110-17.
Adequacy of FDA Efforts to Assure the Safety of the Drug
Supply--Part II.--Oversight hearing on whether FDA is
fulfilling its mandate to protect the American people from
drugs whose risks outweigh their benefits. Hearing held on
March 22, 2007. PRINTED, Serial No. 110-5.
Continuing Security Concerns at Los Alamos National
Laboratory--Part II.--Oversight hearing on continuing security
lapses and lax security protocol at the Department of Energy's
Los Alamos National Laboratory in New Mexico. Hearing held on
April 20, 2007. PRINTED, Serial No. 110-1.
Diminished Capacity: Can the FDA Assure the Safety and
Security of the Nation's Food Supply?--Part I.--Oversight
hearing on the issue of food safety as it pertains to both
foods for human consumption and for pets, with focus on the
victims of E. coli in spinach and lettuce, Salmonella in peanut
butter, and contaminated wheat gluten in pet food. Hearing held
April 24, 2007. PRINTED, Serial No. 110-33.
2006 Prudhoe Bay Shutdown: Will Recent Regulatory Changes
and BP Management Reforms Prevent Future Failures?--Oversight
hearing on Prudoe Bay, the Nation's largest and most strategic
oil field, its temporary shutdown due to corrosion and its
subsequent economic effects. Hearing held on May 16, 2007.
PRINTED, Serial No. 110-46.
Gasoline Prices, Oil Company Profits and the American
Consumer.--Oversight hearing on examining the factors
underlying the sharp rise in gasoline prices, the effects of
such increases, and the role of the Federal Trade Commission
(FTC) in addressing this problem. Hearing held on May 22, 2007.
PRINTED, Serial No. 110-51.
Poisoned Patriots: Contaminated Drinking Water at Camp
Lejeune. Oversight hearing on issues arising from the
extensive, high-level contamination of drinking water at U.S.
Marine Corps Base Camp Lejeune. Hearing held on June 12, 2007.
PRINTED, Serial No. 110-56.
Predatory Sales Practices in Medicare Advantage.--Oversight
hearing on the aggressive, and often fraudulent, sales
practices that have arisen in the wake of passage of the
Medicare Modernization Act of 2003. Hearing held on June 26,
2007. PRINTED, Serial No. 110-60.
Diminished Capacity: Can the FDA Assure the Safety and
Security of the Nation's Food Supply?--Part II.--Oversight
hearing on the effects of the proposed reorganization of the
Office of Regulatory Affairs and the attendant laboratory
closures on the ability of FDA to accomplish its mandate to
assure the food and drug supply is safe for the people of the
United States. Hearing held on July 17, 2007. PRINTED, Serial
No. 110-33.
Post Katrina Health Care: Progress and Continuing
Concerns--Part II.--Oversight hearing on public health
conditions in the post-Katrina New Orleans area. Hearing held
on August 1, 2007. PRINTED, Serial No. 110-62.
Nuclear Terrorism Prevention: Status Report on the Federal
Government's Assessment of New Radiation Detection Monitors.--
Oversight hearing on the GAO's assessment of the Domestic
Nuclear Detection Office's efforts to test, certify, and deploy
a new generation of radiation portal monitors, known as
``Advanced Spectroscopic Portals.'' Hearing held on September
18, 2007. PRINTED, Serial No. 110-63.
Germs, Viruses, and Secrets: The Silent Proliferation of
Bio-Laboratories in the United States.--Oversight hearing on
risks associated with the rapid proliferation of high-
containment biological research laboratories in the United
States. Hearing held on October 4, 2007. PRINTED, Serial No.
110-70.
Diminished Capacity: Can the FDA Assure the Safety and
Security of Our Nation's Food Supply?--Part III.--Oversight
hearing on the safety of food imported into the United States
and the adequacy of the efforts of FDA and USDA to protect
Americans from unsafe, imported food. Hearing held on October
11, 2007. PRINTED, Serial No. 110-33.
NASPER: Why Has the National All Schedules Prescription
Electronic Reporting Act Not Been Implemented?--Oversight
hearing on the implementation of the National All Schedules
Prescription Electronic Reporting Act of 2005, Public Law 109-
60. Hearing held on October 24, 2007. PRINTED, Serial No. 110-
73.
FDA Foreign Drug Inspection Program: A System at Risk.--
Oversight hearing on the ability of the FDA to monitor the
safety and efficacy of drugs imported from overseas. Hearing
held on November 1, 2007. PRINTED, Serial No. 110-74.
Diminished Capacity: Can the FDA Assure the Safety and
Security of the Nation's Food Supply?--Part IV.--Oversight
hearing on decisions by FDA and USDA to allow meat and seafood
to be packaged in a modified atmosphere containing carbon
monoxide. Hearing held on November 13, 2007. PRINTED, Serial
No. 110-33.
Energy Speculation: Is Greater Regulation Necessary to Stop
Price Manipulation?--Oversight hearing on whether more
effective regulation is needed to prevent speculators in the
futures and derivatives markets from manipulating oil, natural
gas, and other energy prices, and to examine the regulatory
roles of the Commodity Futures Trading Commission and the
Federal Energy Regulatory Commission in preventing
manipulation. Hearing held on December 12, 2007. PRINTED,
Serial No. 110-78.
Combating Nuclear Proliferation: The Effectiveness of the
Energy Department's Initiatives for Proliferation Prevention
(IPP) Program.--Oversight hearing on whether a DOE program, re-
employing Soviet-era weapons scientists and engineers in
peaceful activity as a means to prevent scientist ``brain
drain'' to terrorist organizations or countries of
proliferation concern, needs to be reformed or phased out.
Hearing held on January 23, 2008. PRINTED, Serial No. 110-82.
Science and Mission at Risk: FDA's Self-Assessment.--
Oversight hearing on the FDA Science Board report entitled,
``FDA Science and Mission at Risk: Report of the Subcommittee
on Science and Technology.'' Hearing held on January 29, 2008.
PRINTED, Serial No. 110-83.
Ketek Clinical Study Fraud: What Did Aventis Know?--
Oversight hearing on the role of Aventis (now called Sanofi-
Aventis) in failing to adequately monitor a pivotal clinical
trial, ultimately rejected by FDA, as fraudulent. Hearing held
on February 12, 2008. PRINTED, Serial No. 110-87.
Contaminated Food: Private Sector Accountability.--
Oversight hearing on companies which have produced dangerous,
contaminated food and the examination of how factors within the
private sector, and the effects of lax regulation, contribute
to outbreaks of food-borne illnesses. Hearing held on February
26, 2008. PRINTED, Serial No. 110-92.
Regulatory Failure: Must America Live with Unsafe Food?--
Oversight hearing on of lax regulation, contributing to
outbreaks of food-borne illnesses in food supply, focusing on
the role of the Nation's primary regulators, FDA and USDA.
Hearing held on March 12, 2008. PRINTED, Serial No. 110-92.
Selling the Department of Energy's Depleted Uranium
Stockpile: Opportunities and Challenges.--Oversight hearing on
whether DOE has legal authority to auction/barter the depleted
uranium, and to evaluate whether DOE is able to maximize
taxpayer benefits given that it must negotiate a sole source
contract with the Nation's only uranium enrichment plant
operator. Hearing held on April 3, 2008. PRINTED, Serial No.
110-103.
FDA's Foreign Drug Inspection Program: Weaknesses Place
Americans at Risk.--Oversight hearing on how FDA plans to
address the multitude of weaknesses evident in FDA's effort to
protect Americans from unsafe drugs made abroad. Hearing held
on April 22, 2008. PRINTED, Serial No. 110-107.
The Heparin Disaster: Chinese Counterfeits and American
Failures.--Oversight hearing on the circumstances surrounding
the catastrophe caused by the contamination of the drug
heparin. Hearing held on April 29, 2008. PRINTED, Serial No.
110-109.
Direct-to-Consumer Advertising: Marketing, Education or
Deception?--Oversight hearing examining potentially misleading
and deceptive tactics used in direct-to-consumer advertisements
for prescription pharmaceutical products. Hearing held on May
8, 2008. PRINTED, Serial No. 110-114.
In the Hands of Strangers: Are Nursing Home Safeguards
Working?--Oversight hearing on examining how Federal and State
enforcement of Federal quality-of-care standards can protect
nursing home residents in all nursing homes, and whether the
new financial models for nursing home chains warrant new
approaches to quality enforcement. Hearing held on May 15,
2008. PRINTED, Serial No. 110-116.
Germs, Viruses, and Secrets: Government Plans to Move
Exotic Disease Research to the Mainland U.S.--Oversight hearing
on the Department of Homeland Security's proposal to close the
Plum Island Animal Disease Center, located on Plum Island, NY,
and replace it with a new laboratory located on the continental
U.S., to be called the National Bio- and Agro-Defense Facility.
Hearing held on May 22, 2008. PRINTED, Serial No. 110-120.
American Lives Still at Risk: When Will FDA's Food
Protection Plan Be Fully Funded and Implemented?--Oversight
hearing on what progress FDA has made in implementing its Food
Protection Plan. Hearing held on June 12, 2008. PRINTED, Serial
No. 110-126.
Energy Speculation: Is Greater Regulation Necessary to Stop
Price Manipulation?--Part II.--Oversight hearing on whether
market speculation is inflating the price of crude oil above
underlying supply and demand, and whether Congress needs to
improve regulatory oversight. Hearing held on June 23, 2008.
PRINTED, Serial No. 110-128.
Long-Term Care Insurance: Are Consumers Protected for the
Long Term?--Oversight hearing on the unique challenges facing
consumers who purchase long-term care insurance policies and
need to use their benefits. Hearing held on July 24, 2008.
PRINTED, Serial No. 110-140.
The Recent Salmonella Outbreak: Lessons Learned and
Consequences to Industry and Public Health.--Oversight hearing
on CDC and FDA efforts to identify the cause of the national
Salmonella outbreak; to examine a portion of the Bioterrorism
Act of 2002, which required FDA to establish procedures to
trace and track food commodities; to examine proposals
developed by States and industries to establish traceability
systems. Hearing held on July 31, 2008. PRINTED, Serial No.
110-142.
Science Under Siege: Scientific Integrity at the
Environmental Protection Agency.--Oversight hearing on the
scientific integrity at the U.S. Environmental Protection
Agency. Hearing held on September 18, 2008. PRINTED, Serial No.
110-149.
Review of Continuing Security Concerns at Department of
Energy's National Labs.--Oversight hearing on the vulnerability
of DOE national laboratory computer systems containing
unclassified sensitive information, the status of laboratory
physical security measures, and new security-related issues at
the Lawrence Livermore National Laboratory exposed by a DOE
site assessment that tested the lab's ability to deter a
physical attack . Hearing held on September 25, 2008. PRINTED,
Serial No. 110-152.
GAO and CRS Reports and Testimony Requested by the Subcommittee
GAO Reports
Nuclear Safety: Department of Energy Needs to Strengthen
Its Independent Oversight of Nuclear Facilities and Operations.
GAO-09-61, October 23, 2008.
Federal Research: Opportunities Exist to Improve the
Management and Oversight of Federally Funded Research and
Development Centers GAO-09-15, October 8, 2008.
Nuclear Security: Los Alamos National Laboratory Faces
Challenges In Sustaining Physical and Cyber Security
Improvements. GAO-08-1180T, September 25, 2008.
Drug Safety: Better Data Management and More Inspections
Are Needed to Strengthen FDA's Foreign Drug Inspection Program.
GAO-08-970, September 22, 2008.
EPA Science: New Assessment Process Further Limits the
Credibility and Timeliness of EPA's Assessments of Toxic
Chemicals. GAO-08-1168T, September 18, 2008.
Environmental Enforcement: EPA Needs to Improve the
Accuracy and Transparency of Measures Used to Report on Program
Effectiveness. GAO-08-1111R, September 18, 2008.
Biosafety Laboratories: Perimeter Security Assessments of
the Nation's Five BSL-4 Laboratories. GAO-08-1092, September
17, 2008.
Hurricane Katrina: Trends in the Operating Results of Five
Hospitals in New Orleans before and after Hurricane Katrina.
GAO-08-681R, July 17, 2008.
Long-Term Care Insurance: Oversight of Rate Setting and
Claims Settlement Practices. GAO-08-712, June 30, 2008.
Los Alamos National Laboratory: Long-Term Strategies Needed
to Improve Security and Management Oversight. GAO-08-694, June
13, 2008.
Telecommunications: FCC Needs to Improve Performance
Management and Strengthen Oversight of the High-Cost Program.
GAO-08-633, June 13, 2008.
Federal Oversight of Food Safety: FDA Has Provided Few
Details on the Resources and Strategies Needed to Implement its
Food Protection Plan. GAO-08-909T, June 12, 2008.
High-Containment Biosafety Laboratories: DHS Lacks Evidence
to Conclude that Foot-and-Mouth Disease Research Can Be Done
Safely on the U.S. Mainland. GAO-08-821T, May 22, 2008.
Prescription Drugs: Trends in FDA's Oversight of Direct-to-
Consumer Advertising. GAO-08-758T, May 8, 2008.
Global Nuclear Energy Partnership: DOE Should Reassess Its
Approachto Designing and Building Spent Nuclear Fuel Recycling
Facilities. GAO-08-483, April 22, 2008.
Drug Safety: Preliminary Findings Suggest Recent FDA
Initiatives Have Potential, but Do Not Fully Address Weaknesses
in Its Foreign Drug Inspection Program. GAO-08-701T, April 22,
2008.
Nuclear Material: DOE Has Several Potential Options for
Dealing with Depleted Uranium Tails, Each of Which Could
Benefit the Government. GAO-08-606R, March 31, 2008.
Homeland Security: First Responders' Ability to Detect and
Model Hazardous Releases in Urban Areas is Significantly
Limited. GAO-08-180, March 4, 2008.
Medicare Advantage: Increased Spending Relative to Medicare
Fee-for-Service May Not Always Reduce Beneficiary Out-of-Pocket
Costs. GAO-08-359, February 22, 2008.
Federal Oversight of Food Safety: FDA's Food Protection
Plan Proposes Positive First Steps, but Capacity to Carry Them
Out Is Critical. GAO-08-435T, January 29, 2008.
Medical Devices: Challenges for FDA in Conducting
Manufacturer Inspections. GAO-08-428T, January 29, 2008.
Los Alamos National Laboratory: Information on Security of
Classified Data, Nuclear Material Controls, Nuclear and Worker
Safety, and Project Management Weaknesses. GAO-08-173R, January
10, 2008.
Maritime Security: Federal Efforts Needed to Address
Challenges in Preventing and Responding to Terrorist Attacks on
Energy Commodity Tankers. GAO-08-141, December 10, 2007.
High-Containment Biosafety Laboratories: Preliminary
Observations on the Oversight of the Proliferation of BSL-3 and
BSL-4 Laboratories in the United States. GAO-08-108T, October
4, 2007.
Defense Health Care: Activities Related to Past Drinking
Water Contamination at Marine Corps Base Camp Lejeune. GAO-07-
276, May 11, 2007.
Energy Markets: Factors That Influence Gasoline Prices.
GAO-07-902T, May 22, 2007.
Medicaid Long-Term Care: Few Transferred Assets before
Applying for Nursing Home Coverage; Impact of Deficit Reduction
Act on Eligibility Is Uncertain. GAO-07-280, March 26, 2007.
Nuclear Nonproliferation: Progress Made in Improving
Security at Russian Nuclear Sites, but the Long-term
Sustainability of U.S.-Funded Security Upgrades Is Uncertain.
GAO-07-404, February 28, 2007.
Maritime Security: Public Safety Consequences of a
Terrorist Attack on a Tanker Carrying Liquefied Natural Gas
Need Clarification. GAO-07-316, February 22, 2007.
CRS REPORTS, MEMORANDUM AND TESTIMONY
CRS Report: U.S.-Russian Civilian Nuclear Cooperation
Agreement: Issues for Congress. Order Number RS22892. July 30,
2008.
CRS Memorandum: Background and Status of State Prompt Pay
Laws for LTC Insurance. July 15, 2008.
CRS Testimony: Michael F. Martin, Analyst in Asian
Political Economy. October 11, 2007.
CRS Memorandum: Congressional Committee Disclosure of
Documents Received from Executive Departments and Agencies.
April 16, 2007.
CRS Testimony: Donna Porter, Ph.D., R.D., Specialist in
Food Safety and Nutrition, Domestic Social Policy Division.
January 29, 2008.
CRS Report: The Food and Drug Administration: Budget and
Statutory History, FY1980-FY2007. Order Number RL34334. January
24, 2008.
GAO TESTIMONY
Nuclear Security: Los Alamos National Laboratory Faces
Challenges in Sustaining Physical and Cyber Security
Improvements. GAO-08-1180T, September 25, 2008.
EPA Science: New Assessment Process Further Limits the
Credibility and Timeliness of EPA's Assessments of Toxic
Chemicals. GAO-08-1168T, September 18, 2008.
Long-Term Care Insurance: State Oversight of Rate Setting
and Claims Settlement Practices. GAO-08-1016T, July 24, 2008.
Federal Oversight of Food Safety: FDA Has Provided Few
Details on the Resources and Strategies Needed to Implement its
Food Protection Plan. GAO-08-909T, June 12, 2008.
High-Containment Biosafety Laboratories: DHS Lacks Evidence
to Conclude That Foot-and-Mouth Disease Research Can Be Done
Safely on the U.S. Mainland. GAO-08-821T, May 22, 2008.
Prescription Drugs: Trends in FDA's Oversight of Direct-to-
Consumer Advertising. GAO-08-758T, May 8, 2008.
Drug Safety: Preliminary Findings Suggest Recent FDA
Initiatives Have Potential, but Do Not Fully Address Weaknesses
in Its Foreign Drug Inspection Program. GAO-08-701T, April 22,
2008.
Nuclear Material: Several Potential Options for Dealing
with DOE's Depleted Uranium Tails Could Benefit the Government.
GAO-08-613T, April 3, 2008.
Federal Oversight of Food Safety: FDA's Food Protection
Plan Proposes Positive First Steps, but Capacity to Carry Them
Out Is Critical. GAO-08-435T, January 29, 2008.
Medical Devices: Challenges for FDA in Conducting
Manufacturer Inspections. GAO-08-428T, January 29, 2008.
Nuclear Nonproliferation: DOE Needs to Reassess Its Program
to Assist Weapons Scientists in Russia and Other Countries.
GAO-08-434T, January 23, 2008.
Drug Safety: Preliminary Findings Suggest Weaknesses in
FDA's Program for Inspecting Foreign Drug Manufacturers. GAO-
08-224T, November 1, 2007.
High-Containment Biosafety Laboratories: Preliminary
Observations on the Oversight of the Proliferation of BSL-3 and
BSL-4 Laboratories in the United States. GAO-08-108T, October
4, 2007.
Combating Nuclear Smuggling: Additional Actions Needed to
Ensure Adequate Testing of Next Generation Radiation Detection
Equipment. GAO-07-1247T, September 18, 2007.
Defense Health Care: Issues Related to Past Drinking Water
Contamination at Marine Corps Base Camp Lejeune. GAO-07-933T,
June 12, 2007.
Federal Oversight of Food Safety: High-Risk Designation Can
Bring Attention to Limitations in the Government's Food Recall
Programs. GAO-07-785T, April 24, 2007.
Drug Safety: FDA Needs to Further Address Shortcomings in
Its Post market Decision-making Process. GAO-07-599T, March 22,
2007.
GAO EXHIBITS
Information Security: Actions Needed to Better Protect Los
Alamos National Laboratory's Unclassified Computer Network.
GAO-08-1001, September 9, 2008.
Nursing Homes: Federal Monitoring Surveys Demonstrate
Continued Understatement of Serious Care Problems and CMS
Oversight Weaknesses. GAO-08-517, May 9, 2008.
Chemical Assessments: Low Productivity and New Interagency
Review Process Limit the Usefulness and Credibility of EPA's
Integrated Risk Information System. GAO-08-440, March 7, 2008.
Nuclear Nonproliferation: DOE's Program to Assist Weapons
Scientists in Russia and Other Countries Needs to Be
Reassessed. GAO-08-189, December 12, 2007.
Nursing Homes: Federal Actions Needed to Improve Targeting
and Evaluation of Assistance by Quality Improvement
Organizations. GAO-07-373, May 29, 2007.
Nursing Home Reform: Continued Attention Is Needed to
Improve Quality of Care in Small but Significant Share of
Homes. GAO-07-794T, May 2, 2007.
Nursing Homes: Efforts to Strengthen Federal Enforcement
Have Not Deterred Some Homes from Repeatedly Harming Residents.
GAO-07-241, March 26, 2007.
National Nuclear Security Administration: Additional
Actions Needed to Improve Management of the Nation's Nuclear
Programs. GAO-07-36, January 19, 2007.
Drug Safety: Improvement Needed in FDA's Post market
Decision-making and Oversight Process. GAO-06-402, March 31,
2006.
Energy Markets: Effects of Mergers and Market Concentration
in the U.S. Petroleum Industry. GAO-04-96, May 17, 2004.
Food Safety: FDA's Imported Seafood Safety Program Shows
Some Progress, but Further Improvements Are Needed. GAO-04-246,
January 30, 2004.
Food Irradiation: Available Research Indicates That
Benefits Outweigh Risks. RCED-00-217, August 24, 2000.
Nuclear Nonproliferation: Concerns with DOE's Efforts to
Reduce the Risks Posed by Russia's Unemployed Weapons
Scientists. RCED-99-54, February 19, 1999.
Food and Drug Administration: Improvements Needed in the
Foreign Drug Inspection Program. HEHS-98-21, March 17, 1998.
FDA Laboratories: Magnitude of Benefits Associated With
Consolidation Is Questionable. HEHS-96-30, March 19, 1996.
CRS EXHIBITS
CRS Memorandum: Long-Term Care Insurance: Key Issues of
Legislation in the 110th Congress. July 3, 2008.
CRS Report: The National Bio- and Agro-Defense Facility:
Issues for Congress. Order Number RL34160. May 19, 2008.
CRS Memorandum: Methodological Analysis of Union of
Concerned Scientists Report on Political Interference at EPA.
May 2, 2008.
CRS Report: Regulation of Energy Derivatives. Order Number
RS21404. March 19, 2008.
CRS Report: U.S. Food and Agricultural Imports: Safeguards
and Selected Issues. Order Number RL34198. October 3, 2007.
CRS Report: Food and Agricultural Imports from China. Order
Number RL34080. July 17, 2007.
CRS Memorandum: Food and Agricultural Imports from China.
June 6, 2007.
CRS Memorandum: 2006 Oil Industry Profits. May 18, 2007.
CRS Report: Oil Industry Profit Review 2005. Order Number
RL33373. January 12, 2007.
PENDING GAO REQUESTS
The following is a list of pending GAO studies initiated by
the Subcommittee on Oversight and Investigations, but were not
been completed by the end of the 110th Congress.
FDA Reliance on Non-Inferiority Studies as Proof of
Effectiveness of Other Antibiotics. Study requested on
September 6, 2006.
Los Alamos National Laboratory's Classified Cyber Program.
Study requested January 19, 2007.
DHS Portal Monitor Certification. Study requested January
19, 2007.
Co-requester to the Review of Biosafety Laboratories. Study
requested March 27, 2007.
Government Regulation of Dietary Supplements. Study
requested May 14, 2007.
United States Import Safety. Study requested June 14, 2007.
FDA's Use of Incentive Payments. Study requested September
6, 2007.
A Review of the V-22 Osprey Aircraft. Study requested
October 30, 2007.
A Study on the Safety of Irradiated Foods. Study requested
December 18, 2007.
Proactive Testing of the HHS Institutional Review Boards
(IRB) Application Process. Study requested December 18, 2007.
Update of the 1995 Study on ``Behind-the-Counter'' Drugs.
Study requested January 16, 2008.
A Review of FDA's Resources for Drugs, Biological Products,
and Medical Devices. Study requested February 15, 2008.
A Review of FDA Information Technology. Study requested
February 18, 2008.
A Review of Cost Implications of Work Stoppages from
Inadequate Worker Safety Protections and Weaknesses in Nuclear
Safety. Study requested April 16, 2008.
The Production and Implementation of Electronic Passports
(e-Passports). Study requested May 13, 2008.
Agreement for Cooperation for the Peaceful Uses of Atomic
Energy with Russia. May 22, 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.
Subcommittee on Telecommunications and the Internet
Legislative Activities
TRUTH IN CALLER ID ACT OF 2007
(H.R. 251)
To amend the Communications Act of 1934 to prohibit
manipulation of caller identification information.
Summary
H.R. 251 amends the Communications Act of 1934 to make it
unlawful for any person within the United States, in connection
with any telecommunications or VoIP service, to cause any
caller identification service from transmitting misleading or
inaccurate caller identification information with the intent to
defraud or cause harm. The Act protects the ability to block
any caller identification service to transmit caller
identification information. The Act requires the Federal
Communications Commission (FCC) to adopt implementing
regulations six months after the date of enactment. As part of
the rulemaking, the Act also requires the FCC to consider
whether its regulations concerning the use of automated
telephone equipment should be revised to require noncommercial
calls to residential telephone lines using an artificial or
pre-recorded voice to deliver a message that transmits non-
misleading and accurate caller identification information.
Legislative History
On January 5, 2007, H.R. 251 was introduced by
Representative Engel and referred to the Committee on Energy
and Commerce. On February 2, 2007, H.R. 251 was referred to the
Subcommittee on Telecommunications and the Internet.
On February 28, 2007, the Subcommittee held a hearing on
H.R. 251, receiving testimony from representatives of the FCC,
the communications industry, and consumer privacy groups.
On February 28, 2007, the Subcommittee on
Telecommunications and the Internet met in open markup session
and forwarded H.R. 251, amended, to the full Committee by a
voice vote.
On March 15, 2007, the Committee on Energy and Commerce met
in open markup session and H.R. 251 was ordered favorably
reported, as amended, by a voice vote.
On June 11, 2007, H.R. 251, was reported to the House,
amended (H. Rept. 110-188).
On June 12, 2007, H.R. 251 passed the House, as amended,
under suspension of the rules, by a voice vote, two-thirds
having voted in favor.
On June 13, 2007, H.R. 251 was received by the Senate and
referred to the Committee on Commerce, Science, and
Transportation.
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
Public Law 110-53 (H.R. 1, S. 4)
(Telecommunications Provisions)
To provide for the implementation of the recommendations of
the National Commission on Terrorist Attacks upon the United
States.
Summary
This Act contains several titles that fall within the
jurisdiction of the Committee on Energy and Commerce. Title III
establishes a grant program at the Department of Homeland
Security to improve interoperable emergency communications at
the local, State, and federal levels. Title III also
establishes a pilot project on the U.S.-Canadian and U.S.-
Mexican borders to identify issues relating to cross-border
emergency communications interoperability. Title XXII modifies
an existing emergency communications interoperability grant
program housed in the Department of Commerce. Title XXII also
requires the FCC to evaluate the feasibility of a back-up
emergency communications system and the status of 800 MHz re-
banding efforts along the U.S.-Canadian and U.S.-Mexican
borders. Title XXII establishes a joint advisory committee to
examine the state of communications for emergency medical care
facilities. Title XXIII modifies existing law to allow certain
grant funds to be used to upgrade public safety answering
points to handle enhanced 911 calls.
Legislative History
On January 5, 2007, H.R. 1 was introduced by Representative
Thompson. It was referred to the Committee on Homeland
Security, and in addition to the Committee on Energy and
Commerce, Committee on the Judiciary, Permanent Select
Committee on Intelligence, Committee on Foreign Affairs,
Committee on Transportation and Infrastructure, Committee on
Oversight and Government Reform, and Committee on 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.
On January 9, 2007, H.R. 1 was considered under the
provisions of H. Res. 6 and passed the House by a rollcall
vote: 299-128. H.R. 1 was received by the Senate, read twice,
and referred to the Committee on Homeland Security and
Governmental Affairs. Mr. Dingell, Chairman of the Committee on
Energy and Commerce received a response to his letter of
January 9, 2007, to Mr. Thompson, Chairman of the Committee on
Homeland Security and sponsor of H.R. 1, agreeing with Mr.
Dingell that the intent of H.R. 1 was not to dilute or diminish
any authority or resources of the Assistant Secretary for Cyber
Security or of other Federal agencies engaged in efforts to
secure cyber space.
On July 9, 2007, the Senate Committee on Homeland Security
and Governmental Affairs was discharged from further
consideration of H.R. 1 by unanimous consent. During
consideration of H.R. 1, the Senate struck all after the
enacting clause and substituted the language of S. 4, as
amended by the Senate. H.R. 1 then passed the Senate, as
amended, by unanimous consent. The Senate insisted on its
amendment, requested a conference with the House, and appointed
conferees.
On July 17, 2007, the House disagreed with the Senate
amendment and agreed to a conference by a voice vote.
Subsequently, the House agreed to a motion to instruct
conferees by a rollcall vote: 354-66.
The Speaker appointed conferees from the Committee on
Energy and Commerce for consideration of Title I, Title II,
sections 743 and 901 of the House bill, and Title III, sections
1002, 1481, 1482, 1484, and Title XVII of the Senate amendment,
and modifications committed to the conference: Representatives
Dingell, Markey, and Barton.
On July 25, 2007, the House considered the conference
report to accompany H.R. 1 (H. Rept. 110-259) under the
provisions of H. Res. 567.
On July 26, 2007, the Senate agreed to the conference
report by a rollcall vote: 85-8.
On July 27, 2007, the House agreed to the conference report
by a rollcall vote: 371-40.
On August 1, 2007, H.R. 1 was presented to the President.
On August 3, 2007, H.R. 1 was signed by the President (Public
Law 110-53).
NEW AND EMERGING TECHNOLOGIES 911 IMPROVEMENT ACT OF 2008
Public Law 110-283 (H.R. 3403)
To promote and enhance public safety by facilitating the
rapid deployment of IP-enabled 911 and E-911 services,
encouraging the Nation's transition to a national IP-enabled
emergency network, and improving 911 and E-911 access for those
with disabilities.
Summary
The New and Emerging Technologies 911 Improvement Act
ensures that consumers using Voice over Internet Protocol
(VoIP) service can access enhanced 911 (E-911) emergency
services by giving VoIP service providers access to the
emergency services infrastructure and by extending existing
liability protections to VoIP service. The Act also requires
the development of a national plan to move to an IP-enabled
emergency network and alters an existing grant program to allow
fundingfor IP-enabled emergency networks. The Act also amends
existing law so that in times of emergency VoIP service providers may
provide otherwise-protected customer information to public safety
answering points.
Legislative History
On August 3, 2007, H.R. 3403 was introduced by
Representative Gordon and referred to the Committee on Energy
and Commerce. On August 4, 2007, the bill was referred to the
Subcommittee on Telecommunications and the Internet.
On September 19, 2007, the Subcommittee on
Telecommunications and the Internet held a hearing on H.R.
3403. The Subcommittee received testimony from representatives
of public safety and the communications industry.
On October 10, 2007, the Subcommittee on Telecommunications
and the Internet met in open markup session and forwarded H.R.
3403, amended, to the full Committee by a voice vote.
On October 30, 2007, the Committee on Energy and Commerce
met in open markup session and H.R. 3403 was ordered favorably
reported, amended, by a voice vote.
On November 13, 2007, H.R. 3403 was reported to the House,
amended (H. Rept. 110-442). That same day, H.R. 3403 was
considered under suspension of the rules and passed the House
by a rollcall vote: 406-1.
On November 14, 2007, H.R. 3403 was received by the Senate,
read twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
On June 16, 2008, the Committee on Commerce, Science, and
Transportation was discharged from further consideration of
H.R. 3403 by unanimous consent. That same day, the Senate
passed H.R. 3403, amended, by unanimous consent.
On June 23, 2008, the House agreed to the Senate amendment
to H.R. 3403 without objection, clearing the measure for the
White House.
On July 15, 2008, H.R. 3403 was presented to the President.
On July 23, 2008, H.R. 3403 was signed by the President (Public
Law 110-283).
FOOD, CONSERVATION, AND ENERGY ACT OF 2008
Public Law 110-246 (H.R. 6124, H.R. 2419, S. 2302)
(Telecommunications Provisions)
To provide for the continuation of agricultural and other
programs of the Department of Agriculture through fiscal year
2012, and for other purposes.
Summary
Title VI of H.R. 6124 contains rural development
provisions, some of which fall within the jurisdiction of the
Committee on Energy and Commerce. Section 6110 of H.R. 6124
makes improvements to a loan program to assist in the
deployment of broadband facilities in rural communities.
Section 6110 restricts loan funding to those communities most
in need of new or additional broadband facilities and limits
the ability of any company that serves more than 20 percent of
the Nation's households to take more than 15 percent of the
available funds in any given year. Section 6111 authorizes a
new National Center for Rural Telecommunications Assessment to
assess broadband availability in rural areas and the
effectiveness of Government programs to increase broadband
penetration in rural areas. Section 6112 directs the FCC
Chairman to submit to Congress a report describing a
comprehensive rural broadband strategy. Section 6201 contains
certain provisions related to rural distance learning and
telemedicine.
Legislative History
On May 22, 2007, H.R. 2419 was introduced by Representative
Peterson. It was referred to the Committee on Agriculture, and
in addition to the Committee on Foreign Affairs.
On July 19, 2007, the Committee on Agriculture met in open
markup session and H.R. 2419 was ordered favorably reported,
amended, by a voice vote.
On July 23, 2007, H.R. 2419 was reported to the House,
amended, by the Committee on Agriculture (H. Rept. 110-256,
Part 1). The Committee on Foreign Affairs was discharged from
further consideration of H.R. 2419.
On July 26, 2007, the House began consideration of H.R.
2419 under the provisions of H. Res. 574.
On July 27, 2007, H.R. 2419 passed the House, amended, by a
rollcall vote: 231-191.
On September 4, 2007, H.R. 2419 was received in the Senate,
read the first time, and placed on Senate Legislative Calendar
under Read the First Time.
On September 5, 2007, H.R. 2419 was read a second time and
placed on the Senate Legislative Calendar under General Orders,
Calendar No. 339.
On December 14, 2007, H.R. 2419 passed the Senate, amended,
by a rollcall vote: 79-14. The Senate insisted on its amendment
and requested a conference.
On February 2, 2008, the Senate appointed conferees:
Senators Harkin, Leahy, Conrad, Baucus, Lincoln, Stabenow,
Chambliss, Lugar, Cochran, Roberts, and Grassley.
On April 9, 2008, the House disagreed with the Senate
amendment, and agreed to a conference by a voice vote. The
Speaker appointed conferees from the Committee on Energy and
Commerce for consideration of sections 6012, 6023, 6024, 6028,
6029, 9004, 9005, and 9017 of the House bill and sections 6006,
6012, 6110-6112, 6202, 6302, 7044, 7049, 7307, 7507, 9001,
11060, 11072, 11087, and 11101-11103 of the Senate amendment,
and modifications committed to conference: Representatives
Dingell, Pallone, Barton.
On May 13, 2008, the conference report was filed in the
House (H. Rept. 110-627).
On May 14, 2008, the House agreed to the conference report
by a rollcall vote: 318-106.
On May 15, 2008, the Senate agreed to the conference report
by a rollcall vote: 81-15.
On May 20, 2008, H.R. 2419 was presented to the President.
On May 21, 2008, H.R. 2419 was vetoed by the President.
That same day, H.R. 2419 passed the House over the Presidential
veto by a rollcall vote: 316-108, two-thirds having voted in
the affirmative.
On May 22, 2008, H.R. 2419 passed the Senate over veto by a
rollcall vote: 82-13, two-thirds having voted in the
affirmative. H.R. 2419 became law (Public Law 110-234).
The House and Senate passed H.R. 2419 over veto, enacting
14 of 15 titles into law. The trade title (Title III) was
inadvertently excluded from the enrolled bill. To remedy the
situation, both chambers re-passed the farm bill conference
agreement (including the trade title) as H.R. 6124, again over
veto. H.R. 6124, in section 4, repeals Public Law 110-234 (H.R.
2419) and amendments made by it, effective on the date of that
Act's enactment.
On May 22, 2008, H.R. 6124 was introduced and referred to
the Committee on Agriculture and the Committee on Foreign
Affairs.
That same day, H.R. 6124 passed the House under suspension
of the rules by a rollcall vote: 306-110. H.R. 6124 was
received by the Senate, read twice, and placed on the Senate
Legislative Calendar under General Orders, Calendar No. 753.
On June 5, 2008, the Senate passed H.R. 6124 by a rollcall
vote: 77-15.
On June 16, 2008, H.R. 6124 was presented to the President.
On June 18, 2008, H.R. 6124 was vetoed by the President.
The Chair laid before the House the veto message from the
President. H.R. 6124 passed the House over the veto by a
rollcall vote: 317-109, two-thirds having voted in the
affirmative. The veto message was received by the Senate. H.R.
6124 passed the Senate over the veto by a rollcall vote: 80-14,
two-thirds having voted in the affirmative. H.R. 6124 became
law (Public Law 110-246).
BROADBAND CENSUS OF AMERICA ACT
Public Law 110-385 (S. 1492, H.R. 3919)
To provide for a comprehensive nationwide inventory of
existing broadband service.
Summary
The Broadband Census of America Act is intended to improve
the quality and quantity of data the Government collects about
broadband deployment and adoption, develop a national map
displaying broadband availability, and facilitate voluntary
public-private partnerships at the State and local levels to
promote broadband deployment. The legislation is modeled
loosely after broadband mapping initiatives by organizations
such as Connected Nation, which have had success in States like
Kentucky.
Section 2 of H.R. 3919 requires the FCC to conduct an
assessment of the nature and extent of broadband deployment,
capability, and subscription to such services, including
information comparing the extent of broadband service
capability for comparable services in communities in other
countries. It also requires the FCC to publicly report certain
broadband data annually. Section 3 tasks the NTIA with
developing a broadband inventory map of the Nation that depicts
the geographic extent and attributes of broadband service
capability deployed by both commercial and public providers
throughout each State. Section 4 authorizes the NTIA to make
grants to States or nonprofit organizations to assist in
providing the NTIA with information for the map. Section 5
requires the NTIA to make grants to local technology planning
entities to assess the current use of broadband service
capability, set goals for improving or maximizing such use,
identify local broadband demand and aggregate such demand, and
establish programs to improve computer ownership and Internet
access for unserved and underserved populations. Section 6
requires the FCC to conduct and make public periodic consumer
surveys on broadband use.
Legislative History
On May 17, 2007, the Subcommittee on Telecommunications and
the Internet held a legislative hearing entitled, ``H.R. __, a
Discussion Draft Addressing Broadband Mapping and Data
Collection.'' The Subcommittee received testimony from
representatives of the communications industry, consumer
groups, and non-profit economic development organizations.
On October 10, 2007, the Subcommittee on Telecommunications
and the Internet met in open markup session to consider a
committee print of H.R. __, the ``Broadband Census of America
Act of 2007.'' The committee print was forwarded to the full
Committee by a voice vote.
On October 22, 2007, H.R. 3919, the ``Broadband Census of
America Act of 2007,'' was introduced by Representative Markey
and referred to the Committee on Energy and Commerce. On
October 23, 2007, H.R. 3919 was referred to the Subcommittee on
Telecommunications and the Internet.
On October 30, 2007, the Committee on Energy and Commerce
met in open markup session to consider H.R. 3919. Mr. Markey
offered an amendment in the nature of a substitute, which was
agreed to by a voice vote. H.R. 3919 was ordered favorably
reported to the House, amended, by a voice vote.
On November 13, 2007, the Committee on Energy and Commerce
reported H.R. 3919 to the House, amended (H. Rept. 110-443).
That same day, H.R. 3919 passed the House, as amended, under
suspension of the rules, by a voice vote, two-thirds having
voted in favor.
On November 14, 2007, H.R. 3919 was received by the Senate,
read twice, and referred to the Committee on Commerce, Science,
and Transportation.
After the House passed H.R. 3919, the Senate took up the
similar measure, S. 1492.
On May 24, 2007, S. 1492 was introduce, read twice, and
referred to the Senate Committee on Commerce, Science, and
Transportation.
On October 24, 2007, the Senate Committee on Commerce,
Science, and Transportation reported S. 1492, with an amendment
in the nature of a substitute (S. Rept. 110-204).
On September 26, 2008, the Senate passed S. 1492, amended,
by unanimous consent.
On September 27, 2008, S. 1492 was received by the House
and referred to the House Committee on Energy and Commerce.
On September 29, 2008, the Committee on Energy and Commerce
was discharged from further consideration of S. 1492. The bill
then passed the House, amended, without objection.
On September 30, 2008, the Senate agreed to the House
amendment to S. 1492, by unanimous consent, clearing the
measure for the White House.
On October 2, 2008, S.1492 was presented to the President.
On October 10, 2008, S.1492 was signed by the President (Public
Law 110-385).
DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT FOR FISCAL YEAR 2008
(H.R. 1684)
To authorize appropriations for the Department of Homeland
Security for fiscal year 2008, and for other purposes.
Summary
Section 703 directs the Assistant Secretary of Homeland
Security for Cybersecurity and Communications to collaborate
with any Federal entity that under law has authority over the
activities set forth in Title VII of the Act, which would
include the FCC and the NTIA. All other provisions that
concerned issues under the jurisdiction of the
Telecommunications and the Internet Subcommittee were removed
from the final bill prior to its passage by the House.
Legislative History
On March 26, 2007, H.R. 1684 was introduced and referred to
the Committee on Homeland Security.
On May 4, 2007, the Committee on Homeland Security reported
H.R. 1684 to the House, amended (H. Rept. 110-122).
On May 9, 2007, H.R. 1684 was considered under the
provisions of H. Res. 382. H.R. 1684 passed the House, amended,
by a rollcall vote: 296-126.
On May 11, 2007, H.R. 1684 was received in the Senate, read
twice, and referred to the Committee on Homeland Security and
Governmental Affairs.
THE DTV TRANSITION ASSISTANCE ACT
Public Law 110-295 (S. 2607, H.R. 5696)
To make a technical correction to section 3009 of the
Deficit Reduction Act of 2005.
Summary
S. 2607 amends Sections 3008(a) and 3009(a) of the Digital
Television Transition and Public Safety Act of 2005 (P.L. 109-
171) to make a technical correction and to permit the Assistant
Secretary of Commerce for Communications and Information to use
certain funds to help ensure a smooth DTV transition. S. 2607
makes a technical correction to the dates by which certain DTV
transition assistance funds for low-power television stations
may be released by the Department of Commerce. S. 2607 also
requires the Assistant Secretary to make a determination, which
the Assistant Secretary may adjust from time to time, with
respect to whether the full amount of grant funds provided
under paragraph (1) of Section 3008(a) for digital-to-analog
conversion equipment for television translator stations will be
needed for payments under that paragraph. If the Assistant
Secretary determines that the full amount will not be needed,
the Assistant Secretary may use the remaining amount for
consumer education and technical assistance regarding the DTV
transition and the availability of the TV Converter Box Coupon
Program.
Legislative History
On February 7, 2008, S. 2607 was introduced and referred to
the Senate Committee on Commerce, Science, and Transportation.
On June 10, 2008, the Committee on Commerce, Science, and
Transportation reported S. 2607 to the Senate (S. Rept. 110-
348).
On June 19, 2008, S. 2607 passed the Senate, amended, by
unanimous consent.
On June 20, 2008, S. 2607 was received by the House and
referred to the Committee on Energy and Commerce.
On July 9, 2008, S. 2607 passed the House, as amended by
the Senate, under suspension of the rules, by a voice vote,
two-thirds having voted in favor.
On July 22, 2008, S. 2607 was presented to the President.
S. 2607 was signed by the President on July 30, 2008 (Public
Law 110-295).
THE CHILD SAFE VIEWING ACT OF 2007
Public Law 110-452 (S. 602)
To develop the next generation of parental control
technology.
Summary
S. 602 requires the FCC to, within 90 days of the date of
enactment, issue a Notice of Inquiry to examine issues related
to the availability and use of advanced blocking technology
that enables parents to block access to objectionable video or
audio programming. The FCC is required to issue a report to
Congress detailing the results of the Notice of Inquiry not
later than 270 days after the date of enactment.
Legislative History
On February 15, 2007, S. 602 was introduced and referred to
the Senate Committee on Commerce, Science, and Transportation.
On March 3, 2008, the Committee on Commerce, Science, and
Transportation reported S. 602, with an amendment in the nature
of a substitute, to the Senate (S. Rept. 110-268).
On October 1, 2008, S. 602 passed the Senate, amended, by
unanimous consent.
On October 2, 2008, S. 602 was received by the House and
referred to the Committee on Energy and Commerce.
On October 3, 2008, the Committee on Energy and Commerce
was discharged from further consideration of S. 602 by
unanimous consent. S. 602 passed the House, amended, without
objection.
On November 17, 2008, the Senate agreed to the House
amendment to S. 602, by unanimous consent, clearing the measure
for the White House.
On November 21, 2008, S. 602 was presented to the
President. On December 2, 2008, S. 602 was signed by the
President (Public Law 110-452).
THE SHORT-TERM ANALOG FLASH AND EMERGENCY READINESS ACT
Public Law 110-459 (S. 3663, H.R. 7013)
To require the Federal Communications Commission to provide
for a short-term extension of analog television broadcasting
authority so that essential public safety announcements and
digital television (DTV) transition information may be provided
for a short time after February 17, 2009.
Summary
S. 3663 requires the FCC to develop and implement, not
later than January 15, 2009, a program to encourage and permit
continued broadcasting in analog format of public safety
information and information about the DTV transition for 30
days after February 17, 2009. The Act places several
limitations on permissible continued analog broadcasts,
including some to prevent interference with commercial
operations in the spectrum reclaimed from broadcasters and
auctioned to commercial entities or set aside for public
safety.
Legislative History
On October 1, 2008, S. 3663 was introduced and referred to
the Senate Committee on Commerce, Science, and Transportation.
On November 20, 2008, the Committee on Commerce, Science,
and Transportation was discharged from further consideration of
S. 3663 by unanimous consent. S. 3663 passed the Senate,
amended, by unanimous consent.
On December 9, 2008, the House received S. 3663, and the
bill was referred to the Committee on Energy and Commerce.
On December 10, 2008, the Committee on Energy and Commerce
was discharged from further consideration of S. 3663 by
unanimous consent. That same day, S. 3663 passed the House
without objection, clearing the measure for the White House.
On December 12, 2008, S. 3663 was presented to the
President. The bill was signed into law on December 23, 2008
(P.L. 110-459).
Oversight Activities
OVERSIGHT OF THE FEDERAL COMMUNICATIONS COMMISSION
The Subcommittee on Telecommunications and the Internet
held general oversight hearings concerning the practices and
activities of the FCC. The first of these hearings occurred on
March 14, 2007, and all five FCC Commissioners testified. The
witnesses answered questions from the Members of the
Subcommittee concerning a variety of telecommunications policy
matters.
On July 24, 2007, the Subcommittee on Telecommunications
and the Internet held another hearing at which it received
testimony from all five FCC Commissioners concerning a variety
of telecommunications policy matters. On December 5, 2007, the
Subcommittee held an FCC oversight hearing focused on a pending
media ownership rulemaking, and on April 15, 2008, the
Subcommittee held an FCC oversight hearing focused on the 700
MHz auction.
DIGITAL TELEVISION TRANSITION
The Subcommittee on Telecommunications and the Internet
held a series of hearings regarding the digital television
(DTV) transition, including the TV Converter Box Coupon Program
administered by the National Telecommunications and Information
Administration (NTIA), which allows households to receive by
U.S. mail up to two $40 coupons, each of which may be used
towards the purchase of a digital-to-analog converter box that
will display digital signals on an analog television set, and
consumer education about the DTV transition. The hearings took
place on March 28, October 17, and October 31, 2007, and
February 13, June 10, and September 16, 2008. At the hearings,
the Subcommittee received testimony from representatives of the
NTIA and the FCC; IBM, the contractor for the TV Converter Box
Coupon Program; and stakeholders in the DTV transition,
including broadcasters, cable and satellite operators, consumer
electronics manufacturers and retailers and consumer and public
interest groups.
On January 22, 2007, Ranking Member Barton, Mr. Upton, and
Mr. Hastert introduced H.R. 608, the ``Digital Television
Consumer Education Act of 2007.'' The Act was designed to
replace certain DTV consumer education provisions that the
Senate struck from the original DTV legislation included in the
Deficit Reduction Act of 2006 because of the Byrd rule.
On May 24, 2007, Chairman Dingell and Telecommunications
and the Internet Subcommittee Chairman Markey sent a letter to
FCC Chairman Martin and Commissioners Copps, Adelstein, Tate
and McDowell expressing concern about the lack of leadership,
direction and focus at the FCC concerning the DTV transition
and urging the FCC to immediately implement a national consumer
education campaign about the DTV transition. FCC Chairman
Martin responded to the letter on June 18, 2007. As a result of
the letter, the FCC adopted rules regarding the consumer
education obligations of broadcasters, multichannel video
programming providers and other stakeholders in the DTV
transition.
On October 1, 2007, Ranking Member Barton and Mr. Upton
sent a letter to FCC Chairman Martin regarding whether he would
support passage of H.R. 608, the Digital Television Consumer
Education Act of 2007. The letter also asked if and when the
FCC would be updating its estimate of the percentage of U.S.
households that rely exclusively on over-the-air television. On
October 12, 2007, Chairman Martin responded to the letter.
On February 8, 2008, Chairman Dingell and Senate Committee
on Commerce, Science, and Transportation Chairman Inouye sent a
letter to President Bush urging him to immediately establish an
inter-agency task force to oversee the DTV transition and
ensure a robust consumer education effort.
On February 12, 2008, Chairman Dingell, Telecommunications
and the Internet Subcommittee Chairman Markey, and 19
additional Committee Members sent a letter to Acting Assistant
Secretary Baker strongly urging NTIA to allow households whose
TV converter box coupons have expired after the statutorily-
prescribed 90 days to reapply for coupons, provided sufficient
monies remain in the TV Converter Box Coupon Program to fund
such reissuance. Because NTIA's February 21, 2008, response
suggested that NTIA would have a better understanding of the
impact of the 90-day expiration and demands on the coupon
program as consumers began to redeem coupons, on July 7, 2008,
Chairman Dingell and Telecommunications and the Internet
Subcommittee Chairman Markey sent a follow-up letter regarding
coupon reissuance. NTIA's August 27, 2008, response to that
letter stated that NTIA did not believe that changing the
coupon program to allow for coupon reissuance at that time was
advisable.
On March 5, 2008, Chairman Dingell and Telecommunications
and the Internet Subcommittee Chairman Markey sent letters to
Acting Assistant Secretary Baker and FCC Chairman Martin
requesting that the NTIA and the FCC inform the Committee in
writing on a quarterly basis regarding whether each agency
anticipates that additional funds will be needed for the TV
Converter Box Coupon Program to accommodate requests from any
eligible household.
On July 9, 2008, Chairman Dingell, Ranking Member Barton,
Telecommunications and the Internet Subcommittee Chairman
Markey and Subcommittee Ranking Member Stearns sent a letter to
Postmaster General John Potter after receiving complaints that
households were not receiving TV converter box coupons, which
were being mailed Standard Class, promptly. This circumstance
created problems because coupons expire 90 days from the date
of mailing. The letter urged the U.S. Postal Service to give
mailed TV converter box coupons priority status so households
receive them in a timely manner, especially since coupons
expire 90 days from the date of mailing. The United States
Postal Service responded to the letter on August 8, 2008.
On July 10, 2008, Chairman Dingell and Telecommunications
and the Internet Subcommittee Chairman Markey sent a letter to
Acting Assistant Secretary Baker regarding an anticipated
shortfall in administrative funds for the TV Converter Box
Coupon Program. The letter posed a series of questions related
to administrative funds for the TV Converter Box Coupon
Program. The Acting Assistant Secretary responded to the letter
on July 25, 2008.
On September 15, 2008, Chairman Dingell and
Telecommunications and the Internet Subcommittee Chairman
Markey sent a letter to Acting Assistant Secretary Baker asking
questions about a legislative proposal submitted to the
Committee by NTIA to address an anticipated shortfall in
administrative funds for the TV Converter Box Coupon Program so
that the Committee could better understand how to address the
shortfall. The Acting Assistant Secretary responded to the
letter on September 18, 2008.
Chairman Dingell, Telecommunications and the Internet
Subcommittee Chairman Markey, and 4 additional Subcommittee
Members sent letters to FCC Chairman Martin and Acting
Assistant Secretary Baker on September 25, 2008, and September
26, 2008, respectively, urging the FCC and the NTIA to ensure
that television viewers near the U.S.-Mexico border are
adequately informed of and prepared for the DTV transition.
On October 21, 2008, Chairman Dingell and
Telecommunications and the Internet Subcommittee Chairman
Markey sent a letter to Acting Assistant Secretary Baker asking
questions about the TV Converter Box Coupon Program, including
funding for the program and the distribution of TV converter
box coupons. The Acting Assistant Secretary responded to the
letter on November 7, 2008.
On November 7, 2008, Chairman Dingell and
Telecommunications and the Internet Subcommittee Chairman
Markey sent letters to Acting Assistant Secretary Baker and
Chairman Martin asking questions about lessons learned from the
early switch to digital broadcasting in Wilmington, North
Carolina. The FCC responded to the letter on November 14, 2008,
and the NTIA responded on November 18, 2008.
DIGITAL FUTURE OF THE UNITED STATES
The Subcommittee on Telecommunications and the Internet
held several hearings related to the digital future of the
Nation to highlight how the advent of digital, broadband
technologies and services were evolving, where and in what
conditions innovation was flourishing, and how new digital,
broadband services were buffeting existing marketplace
participants and current regulatory structures.
The first hearing, on March 1, 2007, had a solo witness:
Sir Timothy Berners-Lee, the inventor of the World Wide Web.
The Subcommittee received testimony on the special architecture
of the World Wide Web and plans for further innovations in
mobile web technologies and services, as well as the ``semantic
web,'' an evolution that will transform the web's capabilities
for users and applications.
On March 7, 2007, the Subcommittee held a hearing on the
future of radio services. Witnesses representing traditional
radio broadcasting, Internet webcasting and satellite radio
addressed issues relating to the future of radio and the music
industry as technologies and content further migrate to digital
formats.
On April 19, 2007, the Subcommittee held a hearing focused
on the future of wireless technology. The hearing examined
spectrum opportunities for new wireless services and
competition in the wireless industry, with a particular eye
toward the upcoming 700 MHz auction. Witnesses addressed policy
questions about how best to promote competition, advance public
safety goals, ensure a wide diversity of ownership in wireless
licenses, and foster wireless innovation. A subsequent hearing
on July 11, 2007, highlighted the introduction of the iPhone
and evaluated issues related to existing and future openness,
innovation, and competition in the wireless marketplace.
On April 24, 2007, the Subcommittee held a hearing
entitled, ``Broadband Lessons From Abroad.'' Witnesses included
foreign government officials, a foreign telecommunications
executive, an entrepreneur, and a representative of a think
tank. The purpose of the hearing was to obtain testimony on the
advanced state of broadband deployment, speeds, choice, and
subscription rates abroad and draw lessons for use in U.S.
broadband policymaking.
On May 10, 2007, the Subcommittee held a hearing on the
future of video services. The Subcommittee obtained testimony
from video services entrepreneurs and a representative of a
writers union and wireless video providers. The hearing
explored the fact that digital video, particularly video
delivered over the World Wide Web, was transforming the video
marketplace and calling into question the applicability of
broadcast network non-duplication, syndicated exclusivity,
program access, must-carry, sport blackout, and product
integration rules.
On July 12, 2007, Subcommittee Chairman Markey convened a
roundtable discussion with industry and consumer
representatives of web-based streaming radio stations and
copyright interests to address issues stemming from recent
decisions about copyright royalty rates by the Copyright
Royalty Board. The roundtable made significant progress in
helping several participants find negotiated resolutions to
thorny royalty payment issues.
INTERNET FREEDOM
On May 6, 2008, the Subcommittee held a legislative hearing
on H.R. 5353, the ``Internet Freedom Preservation Act of
2008.'' Witnesses included representatives of the music
recording industry, online retailers, the telephone and cable
industries, and public interest groups. The purpose of the
hearing was to obtain testimony on the issue of network
neutrality, assess the rights of consumers and entrepreneurs on
the Internet through various media and technology, and examine
the proposals set forth in H.R. 5353.
H.R. 5353 would establish national broadband policy
principles in Title I of the Communications Act of 1934 to
guide FCC decision-making. The bill would direct the FCC to
examine the nature and extent of consumer rights on the
Internet and to convene several broadband summits around the
country to obtain input from the public and other stakeholders
on consumer rights on the Internet. Finally, the bill would
require the FCC to convey to Congress the results of its
examination of the broadband market and these summits and any
other recommendations for Congressional action.
PRIVACY AND DEEP PACKET INSPECTION TECHNOLOGIES
The Subcommittee held an oversight hearing on July 17,
2008, entitled, ``What Your Broadband Provider Knows About Your
Web Use: Deep Packet Inspection and Communications Laws and
Policies.'' Witnesses included representatives of academia,
investment companies, and companies offering deep packet
inspection technologies. The purpose of the hearing was to
explore the nature of deep packet inspection and other
technologies and what their arrival in the marketplace portends
for consumer privacy and the nature of the Internet.
SPECTRUM POLICY AND WIRELESS CONSUMER PROTECTION
The Subcommittee on Telecommunications and the Internet
held several hearings examining spectrum policy and wireless
consumer protection. The first oversight hearing, entitled
``Digital Future of the United States: Part 3: Spectrum
Opportunities and the Future of Wireless,'' was held on April
19, 2007. The Subcommittee received testimony from wireless
industry executives concerning the 700 MHz spectrum auction and
other wireless issues.
On July 11, 2007, the Subcommittee held an oversight
hearing entitled, ``Wireless Innovation and Consumer
Protection,'' that focused on wireless consumer protection and
how the practices of wireless carriers impact the pace of
technological innovation in the wireless industry. The
Subcommittee received testimony from a state government
official, a consumer advocate, a law school professor, and
several wireless industry executives.
On February 27, 2008, the Subcommittee held a legislative
hearing entitled, ``H.R. __, a Discussion Draft on Wireless
Consumer Protection and Community Broadband Empowerment Act of
2008.'' This hearing focused on draft legislation that
established a new regulatory regime for the wireless industry,
prohibited State and local laws that prevent municipalities
from entering the broadband marketplace, and sought to make the
Federal government's use of spectrum more efficient by
requiring the use of smart radio technologies. The Subcommittee
received testimony from a local government official, consumer
advocates, and a wireless industry official.
On April 15, 2008, the Subcommittee held an oversight
hearing focused on the 700 MHz spectrum auction entitled,
``Oversight of the Federal Communications Commission--the 700
MHz Auction.'' The Subcommittee received testimony from all
five FCC Commissioners, as well as representatives of public
safety organizations, a public interest organization, and
wireless companies.
On September 23, 2008, Chairman Dingell, Telecommunications
and the Internet Subcommittee Chairman Markey, and
Congresswoman Harman sent a letter to FCC Chairman Martin
urging the FCC to provide adequate time for public comment on
the proposed rules for the auction of spectrum in the 700 MHz D
Block.
SPECTRUM CLEARING OVERSIGHT
On June 27, 2007, Chairman Dingell, Ranking Member Barton,
Telecommunications and the Internet Subcommittee Chairman
Markey, Telecommunications and the Internet Subcommittee
Ranking Member Upton, Oversight and Investigations Subcommittee
Chairman Stupak, and Oversight and Investigations Subcommittee
Ranking Member Whitfield sent a letter to Secretary of Commerce
Gutierrez and Director Portman of the Office of Management and
Budget concerning the implementation of certain provisions of
the Commercial Spectrum Enhancement Act (Public Law 108-494).
The letter urged the Administration to ensure that the Federal
agencies required to relocate certain wireless operations do so
in the timeframe specified by Congress and that the
Administration keep the Members informed of the progress of the
relocation efforts.
UNIVERSAL SERVICE
On June 24, 2008, the Subcommittee on Telecommunications
and the Internet held a hearing entitled, ``Universal Service:
To Whom, By Whom, For What, and How Much?''. The Subcommittee
received testimony about what the core principles of universal
service should be from representatives of public policy
advocacy groups, state government, and an educational
foundation.
On April 12, 2007, Chairman Dingell, Ranking Member Barton,
Oversight and Investigations Subcommittee Chairman Stupak, and
Oversight and Investigations Subcommittee Ranking Member
Whitfield sent a letter to the Comptroller General of the U.S.
Government Accountability Office (GAO) requesting assistance in
examining waste, fraud, and abuse in universal service fund
programs. Also on April 12, 2007, these same members informed
FCC Chairman Martin that the Full Committee and the Oversight
and Investigations Subcommittee were reopening an investigation
into universal service fund programs and had requested the
assistance of the GAO.
On November 25, 2008, the FCC's Inspector General released
an audit showing that between July 2006 and June 2007, there
were almost $1 billion in erroneous payments in the high-cost
fund, which represents an improper payment rate of more than 23
percent.
ACCESS TO COMMUNICATION SERVICES BY THOSE WITH DISABILITIES
On May 1, 2008, the Subcommittee on Telecommunications and
the Internet held a legislative hearing entitled, ``H.R. __,
Draft Legislation Enhancing Access to Broadband Technology and
Services for Persons with Disabilities.'' The hearing focused
on draft legislation that would update telecommunications
statutes to ensure that disabled individuals have meaningful
access to Internet-based communications and media. The
Subcommittee received testimony from disabled individuals, the
wireless industry, a public broadcasting station that pioneered
accessibility solutions for broadcast media, and the private
sector.
On November 26, 2007, Chairman Dingell, Ranking Member
Barton, Telecommunications and the Internet Subcommittee
Chairman Markey, and Telecommunications and the Internet
Subcommittee Ranking Member Upton sent a letter to FCC Chairman
Martin requesting that the FCC promptly complete two
rulemakings regarding access by the deaf or hard of hearing to
911 services. In response, the FCC adopted an order and issued
a further notice of proposed rulemaking on June 11 and December
19, 2008.
OVERSIGHT OF THE NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION AND INNOVATIONS IN INTEROPERABILITY
On March 22, 2007, the Subcommittee on Telecommunications
and the Internet held an oversight hearing entitled,
``Oversight of the National Telecommunications and Information
Administration and Innovations in Interoperability.'' The
Subcommittee received testimony from the Assistant Secretary
for Communications and Information of the Department of
Commerce, who also serves as the Administrator of the NTIA. The
Subcommittee also received testimony concerning public safety
interoperability from representatives of public safety,
equipment and software manufacturers, and the private sector.
DOMESTIC SURVEILLANCE
On October 2, 2007, Chairman Dingell, Telecommunications
and the Internet Subcommittee Chairman Markey, and Oversight
and Investigations Subcommittee Chairman Stupak sent letters to
three major telecommunications carriers seeking information
about each company's policy for releasing customer records in
light of reports of the Government's warrantless surveillance
program. On October 12, 2007, the three companies responded,
stating that any such information, if it existed, was under the
exclusive control of the executive branch. Citing the ``state
secrets'' privilege, they also stated that it was their
understanding that it would be unlawful for the companies to
respond to the letters. On October 12, 2007, the Director of
Legislative Affairs for the Director of National Intelligence
wrote the Committee, asserting that any response by the
telecommunications carriers could disclose classified
information relating to intelligence activities.
On November 1, 2007, Chairman Dingell, Telecommunications
and the Internet Subcommittee Chairman Markey, and Oversight
and Investigations Subcommittee Chairman Stupak sent a letter
to Acting Attorney General Keisler requesting a briefing from
the executive branch about the Government's warrantless
surveillance program. The letter noted that because the
telecommunications carriers seeking immunity from participation
in the warrantless surveillance program informed theCommittee
that they could not provide information about the program, a briefing
by the executive branch was needed.
PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT PROGRAM
On March 26, 2007, Chairman Dingell, Ranking Member Barton,
Telecommunications and the Internet Subcommittee Chairman
Markey, and Telecommunications and the Internet Subcommittee
Ranking Member Upton sent a letter to the Associate Director of
the Office of Management and Budget concerning the Public
Safety Interoperable Communications (PSIC) grant program
administered by the NTIA. The letter addressed concerns about
the role of the Department of Homeland Security, which NTIA had
hired as a subcontractor for the grant program.
On May 1, 2007, Chairman Dingell, Ranking Member Barton,
Telecommunications and the Internet Subcommittee Chairman
Markey, and Telecommunications and the Internet Subcommittee
Ranking Member Upton sent a letter to Department of Commerce
Secretary Gutierrez concerning the manner in which NTIA was
designing and implementing the PSIC grant program. On May 23,
2007, the Secretary responded to the Committee's letter.
MEDIA CONCENTRATION
On December 5, 2007, the Subcommittee on Telecommunications
and the Internet held an oversight hearing on the FCC and
concentration of media ownership. The hearing examined a
proposed FCC rule that would relax the newspaper/broadcast
cross-ownership rule. The Subcommittee received testimony from
the five FCC Commissioners and from representatives of
industry, minority and public interest groups.
SPORTS PROGRAMMING
On March 5, 2008, the Subcommittee on Telecommunications
and the Internet held an oversight hearing examining
competition in sports programming, including regional sports
networks, league sports networks and program access. The
Subcommittee received testimony from representatives of sports
leagues and programmers, as well as industry executives, a
consumer group and a think tank.
PRIVATE EQUITY
On March 11, 2008, the Subcommittee held a hearing on the
role of private equity in the telecommunications marketplace.
The hearing examined the effects of private equity investment
on competition, investment, innovation, diversity and localism
and underscored the need for policymakers to remain abreast of
changes in the financial marketplace. Witnesses included
representatives of a private equity firm, a state regulatory
commission and academia.
On July 12, 2007, Chairman Dingell and Subcommittee on
Telecommunications and the Internet Chairman Markey wrote to
FCC Chairman Martin regarding private equity investments in
telecommunications assets and whether ownership of
telecommunications assets by non-public financial holding
companies posed particular challenges for the FCC in adequately
performing its regulatory and oversight functions, including
with respect to the policy objectives of diversity and
localism. Chairman Martin replied on August 31, 2007.
PUBLIC, EDUCATIONAL, AND GOVERNMENTAL SERVICES
On January 29, 2008, the Subcommittee on Telecommunications
and the Internet held an oversight hearing to explore the
future of Public, Educational, and Governmental (PEG) services
in the digital television era and the effect that changes in
technology and the marketplace will have on the network
capacity, services, and applications available to PEG
programming providers and on the delivery of PEG services to
consumers. The Subcommittee received testimony from executives
in the multichannel video programming industry, municipal
officials and PEG programming providers.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
On May 6, 2008, Chairman Dingell, Ranking Member Barton,
Telecommunications and the Internet Subcommittee Chairman
Markey, Telecommunications and the Internet Subcommittee
Ranking Member Stearns, and 12 additional Subcommittee Members
sent a letter to Secretary of Commerce Gutierrez expressing
support for the Department of Commerce's continued role in
facilitating the transition of the technical management and
coordination of the Internet's domain name system from the
Internet Corporation for Assigned Names and Numbers (ICANN) to
the private sector and asking questions about the Department's
future oversight of ICANN.
WHITE SPACES
On August 5, 2008, Chairman Dingell sent a letter to FCC
Chairman Martin regarding the FCC's consideration of use of the
television white spaces. The letters asked Chairman Martin to
consider licensing some of the white spaces spectrum. On
October 24, 2008, Chairman Dingell sent another letter to
Chairman Martin concerning the white spaces and sought
assurances that the FCC would be able to quickly remedy any
harms to consumers caused by white spaces devices that
interfere with free, over-the-air television signals. Chairman
Martin replied to the letter on October 31, 2008.
TELECOMMUNICATIONS COMPETITION
The Subcommittee on Telecommunications and the Internet
held two hearings that focused exclusively on
telecommunications competition issues. On October 2, 2007, the
Subcommittee on Telecommunications and the Internet held an
oversight hearing entitled, ``Digital Future of the United
States: Part VI: The Future of Telecommunications
Competition,'' which focused on issues including special access
and the forbearance process set forth in Section 10 of the
Communications Act of 1934. The Subcommittee received testimony
from representatives of incumbent and competitive
telecommunications carriers.
On July 22, 2008, the Subcommittee on Telecommunications
and the Internet held a hearing entitled, ``Issues in
Telecommunications Competition.'' This hearing was both a
general oversight hearing and a legislative hearing on H.R.
3914, the Protecting Consumers Through Proper Forbearance
Procedures Act. The witnesses, which included representatives
of incumbent and competitive telecommunications carriers and
the cable industry, provided testimony concerning a number of
issues related to telecommunications competition, including the
ease which consumers are able to change phone carriers, pole
attachment rates, and phone company use of proprietary
information in retention marketing.
CHILDREN AND THE MEDIA
On June 22, 2007, the Subcommittee on Telecommunications
and the Internet held an oversight hearing on the images
children see in the media. The hearing considered the effects
of images of violence, advertising and smoking on children. The
Subcommittee received testimony from executives in the
television, advertising and motion picture industries, as well
as from representatives of consumer groups.
ONLINE VIRTUAL WORLDS
On April 1, 2008, the Subcommittee on Telecommunications
and the Internet held an oversight hearing exploring online
virtual worlds, including the evolution of online virtual
worlds for both social networking and business development. The
Subcommittee received testimony from the creator of an online
virtual world, as well as various groups operating in this
space.
MERGER OF XM SATELLITE RADIO AND SIRIUS SATELLITE RADIO
On April 21, 2008, Chairman Dingell sent a letter to FCC
Chairman Martin drawing his attention to a letter from
Representative Butterfield regarding the importance of
promoting a diversity of voices inthe context of the FCC's
review of the proposed merger of XM Satellite Radio and Sirius
Satellite Radio merger.
On May 1, 2008, Chairman Dingell and Telecommunications and
the Internet Subcommittee Chairman Markey sent a letter to FCC
Chairman Martin concerning the proposed merger of XM Satellite
Radio and Sirius Satellite Radio. The letter requested that the
FCC ensure the merger is in the public interest by requiring
the merged entity to adhere at a minimum to pricing constraints
that XM and Sirius had already filed at the FCC and requiring
the merged company to permit any device manufacturer to develop
equipment capable of delivering the company's satellite radio
service and to incorporate in satellite radio receivers any
other technology that would not result in harmful interference
with the merged company's network.
HATE SPEECH IN THE MEDIA
On June 15, 2007, Chairman Dingell and Telecommunications
and the Internet Subcommittee Chairman Markey sent a letter to
Assistant Secretary Kneuer requesting that the NTIA issue an
updated report on the dissemination of speech in the media that
may encourage or advocate for hate crimes. The National
Telecommunications and Information Administration Organization
Act, enacted in 1992, had required a report on hate speech in
the media that was released in 1993.
Telecommunications Issues
FEDERAL COMMUNICATIONS COMMISSION
During the 110th Congress, the Committee conducted vigorous
oversight of the Federal Communications Commission. All five
FCC Commissioners appeared before the Subcommittee on
Telecommunications and the Internet four times, and FCC
Chairman Martin appeared at several other hearings devoted to
the digital television transition. The Subcommittee's first FCC
oversight hearing, on March 14, 2007, marked the first time in
three years that all five FCC Commissioners appeared before the
Subcommittee.
The Committee evaluated the impact of the FCC's management
and regulatory practices on consumers at two general oversight
hearings, one on March 14, 2007, and the other on July 24,
2007. At these hearings Members asked questions concerning a
wide array of issues, with a particular emphasis on matters
then pending at the FCC. Many Members asked questions
concerning the openness of the FCC's regulatory processes and
whether the FCC was acting, at all times, in the best interests
of consumers. On December 5, 2007, the Subcommittee held an FCC
oversight hearing focused on a pending media ownership
rulemaking, and on April 15, 2008, the Subcommittee held an FCC
oversight hearing focused on the 700 MHz auction.
DIGITAL TELEVISION TRANSITION
In 1997, to facilitate a transition from traditional analog
to digital technology, Congress and the FCC provided each full-
power television station with an additional 6 MHz of spectrum
so stations could transmit both an analog and a digital signal.
The Deficit Reduction Act of 2005 (P.L. 109-171) set a hard
date of February 17, 2009, for broadcasters to return their
analog spectrum and operate solely in digital. The benefits of
this digital television (DTV) transition include more
television programming with better picture and sound quality
and the freeing up of spectrum for innovative and wide-reaching
wireless services. One of the most important benefits will be
using some of that spectrum to create a nationwide broadband
public safety network for first responders. The legislation
also allocated $1 billion for creation of an NTIA grant program
to help provide interoperable communications equipment for
first responders.
After the DTV transition, analog television sets will not
be able to display broadcast signals from full-power television
stations unless they are connected to cable or satellite
service or to a digital-to-analog converter box.
The Deficit Reduction Act also directed the NTIA to
implement a $1.5 billion program to distribute up to two $40
coupons per household to subsidize the cost of digital-to-
analog converter boxes and to educate consumers about that
effort. Coupons are available from January 1, 2008, through
March 1, 2009, and by law, each coupon expires 3 months after
issuance. After administrative expenses, the program will fund
33.5 million coupons. NTIA also certifies coupon-eligible
converter boxes and the retailers that are eligible to
participate in the coupon program. In August of 2007, NTIA
awarded IBM a contract for approximately $120 million to run
the TV Converter Box Coupon Program.
The FCC has been working with stakeholders to educate
consumers and ensure that the technical aspects of the DTV
transition are occurring in a timely manner.
During the 110th Congress, the Committee conducted vigorous
oversight of the DTV transition, including the TV Converter Box
Coupon Program and the efforts of the NTIA and the FCC to
prepare consumers for the transition. This oversight included
six Subcommittee on Telecommunications and the Internet
hearings focused on the DTV transition, as well as numerous
letters from Chairman Dingell, Ranking Member, and
Telecommunications and the Internet Subcommittee Chairman
Markey to the NTIA, the FCC, and others about the progress of
the transition.
On October 1, 2007, Ranking Member Barton and Mr. Upton
sent a letter to FCC Chairman Martin regarding whether he would
support passage of H.R. 608, the Digital Television Consumer
Education Act of 2007. The letter also asked if and when the
FCC would be updating its estimate of the percentage of U.S.
households that rely exclusively on over-the-air television. On
October 12, 2007, Chairman Martin responded to the letter.
While the NTIA and the FCC have made progress, the GAO
reports that much more remains to be done. Specifically, in
November 2007, the GAO recommended that the FCC develop a
comprehensive plan for the technical, policy, consumer
outreach, and other critical elements of the DTV transition. An
April 2008 GAO report concluded that while most broadcasters
were prepared for the transition, some technical and
coordination issues remain. In June 2008, the GAO published the
results of a consumer survey indicating that many consumers
remain confused about the DTV transition and how to prepare for
it. In September 2008, the GAO questioned the NTIA's
preparedness for a surge in requests for TV converter box
coupons as the end of the DTV transition nears. On November 6,
2008, the GAO named the DTV transition as one of the 13 urgent
issues needing the attention of President-Elect Obama and the
111th Congress during the transition and first year of the new
Administration.
BROADBAND AND INTERNET FREEDOM
H.R. 3919, the ``Broadband Census of America Act,'' was
introduced on October 22, 2007, by Telecommunications and the
Internet Subcommittee Chairman Markey. The Telecommunications
and the Internet Subcommittee held a hearing on a draft version
of the legislation on May 17, 2007. Witnesses testifying in
general support of the draft included representatives of
consumer and public interest groups and organized labor, as
well as the telephone, cable, and wireless industries.
Another oversight hearing addressing issues raised by the
legislation was held on April 24, 2007. This hearing
highlighted broadband lessons from abroad and conveyed that
other countries have much more comprehensive information about
broadband deployment, adoption, and speeds and have plans to
promote such attributes. Some witnesses point to an OECD study
suggesting the United States has fallen further behind in
international rankings, while others said that the study is
flawed. H.R. 3919 was marked up on October 30, 2007, and
unanimously passed the House on November 13, 2007. A companion
bill, S. 1492, was approved by the Senate and enacted in
October 2008.
The goal of this legislation was to take the indispensible
first step in laying the groundwork for future broadband
policymaking. Without adequate and accurate data to indicate
the current state of America's broadband deployment,
subscribership, competition, and speeds, policymakers would be
operating in the dark. Modeled loosely after broadband mapping
initiatives by entities such as Connected Nation, the enacted
bill therefore seeks to ensure greater accountability for
broadband services by updating the methodology the FCC uses to
measure broadband deployment and requiring better data
collection from providers, a robust international comparison,
and consumer surveys to report on broadband speeds and prices.
It provides for grants to help public-private partnerships in
which local community leaders and stakeholders identify and
aggregate demand for broadband in unserved and underserved
communities. Finally, it seeks to develop broadbandaccess maps
in partnership with state governments and by providing grants to states
entities for such efforts. By knowing where broadband is deployed, we
can better target federal resources to deploy broadband in our rural
and underserved communities.
H.R. 5353, the ``Internet Freedom Preservation Act of
2008,'' was introduced on February 12, 2008, by
Telecommunications and the Internet Subcommittee Chairman
Markey, with Subcommittee colleagues Representatives Pickering,
Eshoo, and Doyle. Some of the witnesses at the May 6, 2008,
Subcommittee hearing on this legislation testified that the
global leadership in high technology provided by the United
States stems directly from historic policies that have ensured
that telecommunications networks are open to all lawful uses
and all users. They said that because broadband networks and
the Internet play a vital role in enabling Americans to
exercise their First Amendment rights, a policy endorsing the
open nature of broadband networks is an important cornerstone
of communications policy. Other witnesses testified that the
United States' leadership has resulted from the deregulatory
policies the United States has adopted regarding the Internet
and broadband.
The goal of H.R. 5353 is to preserve and foster the
historic, open architecture nature of the Internet and to
assess and promote Internet freedom for consumers and content
providers. Internet freedom generally embodies the notion that
consumers and content providers should be free to send,
receive, access and use the lawful applications, content, and
services of their choice on broadband networks, possess the
effective right to attach and use non-harmful devices in
conjunction with their broadband services, and not be subjected
to unreasonably discriminatory practices by broadband network
providers.
The bill does not require regulation of the Internet. It
does, however, suggest that the principles which have guided
the Internet's development and expansion are highly worthy of
retention, and it seeks to enshrine such principles in the law
as hallmarks for U.S. broadband policy. The bill tasks the FCC
with conducting an assessment of broadband practices and
consumer rights. Finally, it requires the FCC to hold eight
broadband summits around the Nation and to report back to
Congress on its findings and any recommendations for further
action.
PRIVACY AND DEEP PACKET INSPECTION TECHNOLOGIES
The Subcommittee on Telecommunications and the Internet
held an oversight hearing on July 17, 2008, with respect to
privacy issues as highlighted by the emergence of deep packet
inspection technologies as a tool being considered for
deployment and tested by many broadband service providers.
Telecommunications and the Internet Subcommittee Chairman
Markey and Full Committee Ranking Member Joe Barton had sent a
letter on May 16, 2008, to the CEO of Charter Communications
regarding a test of deep packet inspection technology the
company planned to undertake and the privacy implications
raised by such a test. Chairman Dingell, Full Committee Ranking
Member Joe Barton and Telecommunications and the Internet
Subcommittee Chairman Markey wrote to the CEO of Embarq on July
14, 2008, expressing similar concerns about a test that Embarq
had conducted of deep packet inspection technology. On August
1, 2008, Chairman Dingell, Full Committee Ranking Member Joe
Barton, Telecommunications and the Internet Subcommittee
Chairman Markey and Telecommunications and the Internet Ranking
Member Stearns wrote to more than 30 other broadband service
providers, as well as three Internet portal operators, the data
they collect and the methods they use to tailor Internet
advertising.
Deep packet inspection technology can be deployed not only
with the intent to serve targeted advertising tailored to a
user's web habits, but also to manage traffic on the network,
detect network threats, discover the presence of copyrighted or
illegal material, and other applications. As a result, deep
packet inspection raises not only significant privacy concerns,
but also highlights broader policy questions, including how it
impacts the evolution of the Internet and its future prospects
for driving innovation and fostering competition and job
creation. The digital era in communications technology will
heighten concern about the sensitivity of personal information
that can be collected or disclosed about individual citizens
and the ever increasing pervasiveness of such data collection.
The hearing as well as the Subcommittee's letters underscored
the importance of consumer privacy to the future of successful
U.S. broadband policy.
SPECTRUM POLICY AND WIRELESS CONSUMER PROTECTION
The Committee spent considerable time monitoring the
development of wireless broadband services and the impact of
wireless carrier practices on consumers. The Committee took
note of the structure of the industry and how that structure
affects competition and choice for consumers. The Committee
also reviewed whether wireless carriers should revise certain
practices related to technological innovation and consumer
contracts.
The Telecommunications and the Internet Subcommittee's
first spectrum policy hearing was held on April 19, 2007, and
examined the state of the wireless broadband market and the
impact the 700 MHz auction could have on consumers. The
Committee received testimony concerning consolidation in the
wireless industry and its effects on competition, roaming rates
and other issues that affect consumers.
The Committee also examined wireless industry practices
concerning customer contracts and technological innovation. The
Telecommunications and the Internet Subcommittee held a hearing
on February 27, 2008, on draft legislation to create a Federal
set of wireless consumer protection standards. The Subcommittee
focused on early termination fees and whether and how they are
related to the cost of customer equipment. The draft
legislation sought to require the amount of early termination
fees to decrease over the life of a contract. The draft
legislation also provided wireless carriers with a uniform set
of consumer protection standards to abide by, including a
requirement that wireless carriers adequately disclose the
extent of network coverage to consumers at the time of entry
into a service contract. Finally, the draft legislation sought
to make the Federal government's use of the public airwaves
more efficient by requiring the use of smart radio
technologies.
The Telecommunications and the Internet Subcommittee's
April 15, 2008, hearing on rules for the FCC's auction of
spectrum in the 700 MHz band focused on the need for a more
open and technologically innovative wireless industry. The
Subcommittee received testimony about how much control wireless
carriers exercise a disproportionate amount of control over the
software applications and services available to consumers. The
Subcommittee also examined the ability of consumers to take
their wireless devices with them when they change carriers, a
practice most carriers do not readily enable.
PUBLIC SAFETY COMMUNICATIONS
During the 110th Congress, the Committee on Energy and
Commerce conducted oversight to ensure that our Nation's first
responders have access to interoperable networks that will
allow them to communicate effectively during any emergency.
Members of the Committee expressed a strong commitment to
ensuring the creation of a nationwide, interoperable broadband
network for public safety communications. The
Telecommunications and the Internet Subcommittee held several
hearings examining the feasibility of using a public-private
partnership to build such a network as part of the auction for
the D-Block portion of the 700 MHz spectrum, including whether
creating a public-private partnership could meet the dual needs
of financing the build-out of a nationwide network and
providing the necessary network reliability to public safety.
On June 29, 2007, Ranking Member Barton, Mr. Upton, and 14
other Members from both sides of the aisle sent a letter to FCC
Chairman Martin expressing concern that a complicated proposal
to impose conditions on the ``D Block'' of spectrum in the 700
MHz auction was likely to fail. The letter suggested it would
be better to auction the spectrum unencumbered after Congress
passed legislation allowing the proceeds to be used directly
for a public safety grant program. The D Block did not meet its
reserve price at the 700 MHz auction, so this matter remains
unresolved.
The Committee also sought to ensure that the Public Safety
Interoperable Communications grant program, created by the 2005
Deficit Reduction Act and administered by the Department of
Commerce, was implemented in accordance with Congressional
intent by funding innovative, effective, integrated, and
forward-looking interoperability programs at the State and
local levels.
UNIVERSAL SERVICE FUND OVERSIGHT AND REFORM
During the 110th Congress, the Subcommittee on
Telecommunications and the Internet conducted oversight of the
Federaluniversal service fund (USF), with a particular emphasis
on reform and whether to add broadband subsidies to the program.
Chairman Dingell expressed support for reforming and
rejuvenating the USF, including by: (1) using the USF to
support broadband as the future platform of communications; (2)
focusing on consumers rather than carriers; (3) examining the
effects of regulatory imbalances between types of providers;
and (4) ensuring that consumers have access to affordable
communications services. A June 24, 2008, Subcommittee hearing
examined the future of the USF, including whether existing USF
programs will meet future communications infrastructure needs
and whether they reflect the core principles of the policy of
universal service.
On April 12, 2007, Chairman Dingell, Ranking Member Barton,
Oversight and Investigations Subcommittee Chairman Stupak, and
Oversight and Investigations Subcommittee Ranking Member
Whitfield requested that the GAO continue to examine waste,
fraud, and abuse in USF programs.
On November 25, 2008, the FCC's Inspector General released
an audit showing that between July 2006 and June 2007, there
were almost $1 billion in erroneous payments in the high-cost
fund, which represents an improper payment rate of more than 23
percent.
DOMESTIC SURVEILLANCE
In the fall of 2005, press reports revealed that the
Administration had been conducting a warrantless domestic
surveillance program, which it used to obtain, among other
things, many customers' calling records from telecommunications
carriers. Citizens and advocacy organizations sued the
telecommunications carriers, alleging violations of federal
privacy statutes. The telecommunications carriers, in turn,
sought retroactive immunity from Congress for their
participation in the program. To evaluate the need for
immunity, the Committee on Energy and Commerce examined the
domestic surveillance program and the issues raised by the
lawsuits.
On October 2, 2007, Chairman Dingell, Telecommunications
and the Internet Subcommittee Chairman Markey, and Oversight
and Investigations Subcommittee Chairman Stupak asked for and
received comments from various civil liberties and privacy
organizations on Public Law 110-55, the Protect America Act,
which proposed to legalize certain tenets of the warrantless
surveillance program going forward. They also sent letters to
three major telecommunications carriers seeking information
about each company's policy for releasing customer records in
light of reports of the Government's warrantless surveillance
program. On October 12, 2007, the three companies responded,
stating that any such information, if it existed, was under the
exclusive control of the executive branch. Citing the ``state
secrets'' privilege, they also stated that it was their
understanding that it would be unlawful for the companies to
respond to the letters. On October 12, 2007, the Director of
Legislative Affairs for the Director of National Intelligence
wrote the Committee, asserting that any response by the
telecommunications carriers could disclose classified
information relating to intelligence activities.
On November 1, 2007, Chairman Dingell, Telecommunications
and the Internet Subcommittee Chairman Markey, and Oversight
and Investigations Subcommittee Chairman Stupak sent a letter
to Acting Attorney General Keisler requesting a briefing from
the executive branch about the Government's warrantless
surveillance program. The letter noted that because the
telecommunications carriers seeking immunity from participation
in the warrantless surveillance program informed the Committee
that they could not provide information about the program, a
briefing by the executive branch was needed. Ultimately,
Chairman Dingell and Telecommunications and the Internet
Subcommittee Chairman Markey opposed legislation granting
telecommunications carriers retroactive immunity for their
participation in the Administration's warrantless surveillance
program because the Administration refused to provide the
Committee with a full explanation of the facts underlying the
program.
MEDIA CONCENTRATION
In the 110th Congress, the Committee on Energy and Commerce
examined concentration in the media, with the intent of
ensuring localism and diversity.
The Telecommunications and the Internet Subcommittee held
an FCC oversight hearing concerning media ownership on December
5, 2007. The hearing focused on a proposed FCC rule that would
relax restrictions on newspaper/broadcast cross-ownership. Many
Members of the Subcommittee voiced concern that the proposed
rule would not be in the public interest. Others noted that the
courts have questioned the validity of current ownership
restrictions and expressed support for deregulation in light of
increasing audio and video competition from cable, satellite,
and the Internet.
The Subcommittee also examined ways in which mergers of
certain media companies could affect their public interest
obligations. On March 11, 2008, the Subcommittee held a hearing
on private equity ownership, which examined the policy
implications of a private equity company running a media
company. On May 1, 2008, Chairman Dingell and
Telecommunications and the Internet Subcommittee Chairman
Markey sent a letter to FCC Chairman Martin regarding the
proposed merger of XM Satellite Radio and Sirius Satellite
Radio. The letter requested that the FCC ensure the merger is
in the public interest by requiring the merged entity to adhere
at a minimum to pricing constraints that XM and Sirius had
already filed at the FCC and required the merged companies to
permit any device manufacturers to develop equipment that can
deliver the company's satellite radio service and to
incorporate in satellite radio receivers any other technology
that would not result in harmful interference to the merged
company's network.
The Subcommittee also addressed issues relating to
competition in sports programming. The Subcommittee held a
hearing on March 7, 2008, that examined issues relating to
regional sports networks, sports league networks and program
access, as well as the shifting of sports programming from
free, over-the-air television to pay television platforms.
Hearings Held
H.R. 251, the ``Truth in Caller ID Act of 2007''.--
Legislative hearing on the provisions of H.R. 251. Hearing held
on February 28, 2007. PRINTED, Serial No. 110-8.
Digital Future of the United States: Part 1--The Future of
the World Wide Web.--Oversight hearing on the World Wide Web
and the future of web-based protocols, services, and
applications. Hearing held on March 1, 2007. PRINTED, Serial
No. 110-10.
Digital Future of the United States: Part 2--The Future of
Radio.--Oversight hearing on the radio business and its future,
including issues of competition, innovation, localism, and
diversity in radio services and content. Hearing held on March
7, 2007. PRINTED, Serial No. 110-10.
Oversight of the Federal Communications Commission.--
Oversight hearing on management and functioning of the FCC and
the views of all five of the Commissioners on matters of policy
and process. Hearing held on March 14, 2007. PRINTED, Serial
No. 110-18.
Oversight of the National Telecommunications and
Information Administration and Innovations in
Interoperability.--Oversight hearing on policies and procedures
of the NTIA, including an examination of the need for
innovative approaches to interoperability. Hearing held on
March 22, 2007. PRINTED, Serial No. 110-24.
The Status of the Digital Television Transition.--Oversight
hearing on NTIA's implementation of the TV Converter Box Coupon
Program; steps the NTIA and the FCC must take to ensure a
successful and timely DTV transition; and the efforts to
educate consumers about the DTV transition. Hearing held on
March 28, 2007. PRINTED, Serial No. 110-27.
Digital Future of the United States: Part III, Spectrum
Opportunities and the Future of Wireless.--Oversight hearing on
issues relating to the 700 MHz auction, as well as an
examination of the future of the wireless industry. Hearing
held on April 19, 2007. PRINTED, Serial No. 110-10.
Digital Future of the United States: Part IV, Broadband
Lessons from Abroad.--Oversight hearing on broadband policies,
deployment, subscribership, speed and price from an
international perspective. Hearing held on April 24, 2007.
PRINTED, Serial No. 110-10.
Digital Future of the United States: Part V, The Future of
Video.--Oversight hearing on the emergence of digital video,
including video delivered over the Internet, and implications
for current laws, regulations, and business practices in the
video marketplace, as well as the prospects for further
innovation. Hearing held on May 10, 2007. PRINTED, Serial No.
110-10.
H.R. --------, A Discussion Draft Addressing Broadband
Mapping and Data Collection.--Legislative hearing on provisions
of draft legislation concerning broadband data. Hearing held on
May 17, 2007. PRINTED, Serial No. 110-48.
Images Kids See on the Screen.--Oversight hearing on images
children see in the media and their effect on children's
behavior and health. Hearing held on June 22, 2007. PRINTED,
Serial No. 110-58.
Wireless Innovation and Consumer Protection.--Oversight
hearing on wireless consumer protection issues and the role of
States, as well as an examination of the state of innovation
and consumer choice in the wireless equipment market. Hearing
held on July 11, 2007. PRINTED, Serial No. 110-61.
Oversight of the Federal Communications Commission. Part
2.--Oversight hearing on the FCC and its processes. Hearing
held on July 24, 2007. PRINTED, Serial No. 110-18.
H.R. 3403, the 911 Modernization and Public Safety Act of
2007.--Legislative hearing on the provisions of H.R. 3403.
Hearing held on September 19, 2007. PRINTED, Serial No. 110-66.
Digital Future of the United States: Part VI: The Future of
Telecommunications Competition.--Oversight hearing on the
nature and extent of telecommunications competition, including
an examination of special access, FCC forbearance authority,
copper loop retirement, and the municipal provision of
broadband service. Hearing held on October 2, 2007. PRINTED,
Serial No. 110-10.
Status of the DTV Transition--Part 2.--Oversight hearing on
the status of the transition to digital television, potential
challenges to successful implementation of the transition,
impacts upon consumers and the marketplace, and implementation
of consumer education initiatives. Hearing held on October 17,
2007. PRINTED, Serial No. 110-27.
Status of the DTV Transition--Part 3.--Oversight hearing on
the status of the transition to digital television, potential
challenges to successful implementation of the transition,
impacts upon consumers and the marketplace, and implementation
of consumer education initiatives. Hearing held on October 31,
2007. PRINTED, Serial No. 110-27.
Oversight of the Federal Communications Commission--Media
Ownership.--Oversight hearing on FCC Chairman Martin's proposal
to relax the newspaper/broadcast cross-ownership rule and an
examination of how to advance longstanding media policy
objectives of competition, diversity, localism, and minority
ownership. Hearing held on December 5, 2007. PRINTED, Serial
No. 110-77.
Public, Educational, and Governmental (PEG) Services in the
Digital Age.--Oversight hearing on the future of PEG services
in the digital television era and the effect that changes in
technology and the marketplace will have on the network
capacity, services, and applications available to PEG
programming providers and on the delivery of PEG services to
consumers. Hearing held on January 29, 2008. PRINTED, Serial
No. 110-84.
Status of the DTV Transition: 370 Days and Counting.--
Oversight hearing on the status of the transition to digital
television, potential challenges to successful implementation
of the transition, impacts upon consumers and the marketplace,
and implementation of consumer education initiatives. Hearing
held on February 13, 2008. PRINTED, Serial No. 110-88.
H.R.--------, A Discussion Draft on Wireless Consumer
Protection and Community Broadband Empowerment.--Legislative
hearing on draft legislation establishing a national framework
for wireless services and consumer protection, promoting
community broadband, and ensuring spectrum efficiency. Hearing
held on February 27, 2008. PRINTED, Serial No. 110-95.
Competition in the Sports Programming Marketplace.--
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
on March 5, 2008. PRINTED, Serial No. 110-98.
The Role of Private Equity in the Communications
Marketplace.--Oversight hearing on the role of private equity
in communications markets, including its effect on innovation,
competition, employment, diversity, FCC regulatory
requirements, and the public interest. Hearing held on March
11, 2008. PRINTED, Serial No. 110-100.
Online Virtual Worlds: Applications and Avatars in a User-
Generated Medium.--Oversight hearing on the nature and growth
of online virtual worlds, including the evolution of online
virtual worlds for both social networking and business
development. Hearing held on April 1, 2008. PRINTED, Serial No.
110-102.
Oversight of the Federal Communications Commission: The 700
Mhz Auction.--Oversight hearing on results of the auction for
licenses in the 700 megahertz band and its impact on
competition, consumer choice, diversity of ownership,
introduction of new technologies and services, and public
safety communications, as well as to explore options for the
reauction of the D-block license. Hearing held on April 15,
2008. PRINTED, Serial No. 110-106.
H.R.--------, Draft Legislation Enhancing Access to
Broadband Technology and Services for Persons With
Disabilities.--Legislative hearing on draft legislation to
enhance access to telecommunications technologies and services
for individuals with disabilities. Hearing held on May 1, 2008.
PRINTED, Serial No. 110-110.
H.R. 5353, the ``Internet Freedom Preservation Act of
2008''.--Legislative hearing on the provisions of H.R. 5353 and
network neutrality principles, their application in the
broadband marketplace, and national broadband policy. Hearing
held on May 6, 2008. PRINTED, Serial No. 110-112.
Status of the DTV Transition: 252 Days and Counting.--
Oversight hearing on the status of the digital television
transition, including updated information about consumer
awareness and outreach efforts, the TV Converter Box Coupon
Program, and technical obstacles to the transition. Hearing
held on June 10, 2008. PRINTED, Serial No. 110-124.
The Future of Universal Service: To Whom, By Whom, For
What, and How Much?--Oversight hearing on the universal service
fund, core principles of universal service, and ideas regarding
the future of the universal service fund. Hearing held on June
24, 2008. PRINTED, Serial No. 110-131.
What Your Broadband Provider Knows About Your Web Use: Deep
Packet Inspection and Communications Laws and Policies.--
Oversight hearing on the technical capabilities of deep packet
inspection, the nature and scope of deployment of such
technologies by network operators, and implications for
consumer privacy. Hearing held on July 17, 2008. PRINTED,
Serial No. 110-137.
Issues in Telecommunications Competition.--Legislative
hearing on the provisions of H.R. 3914, the ``Protecting
Consumers through Proper Forbearance Procedures Act,'' and
oversight hearing on the state of competition in
telecommunications markets and issues affecting the prospects
for greater competition, including rules governing
interconnection and access, number porting, retention
marketing, and pole attachment rates. Hearing held on July 22,
2008. PRINTED, Serial No. 110-138.
Status of the DTV Transition: 154 Days and Counting.--
Oversight hearing on the status of the digital television
transition, including updated information about consumer
awareness and outreach efforts, the TV Converter Box Coupon
Program, technical obstacles to the transition, and the
transition test market in Wilmington, North Carolina. Hearing
held on September 16, 2008. PRINTED, Serial No. 110-148.
COMMITTEE ON ENERGY AND COMMERCE OVERSIGHT PLAN, U.S. HOUSE OF
REPRESENTATIVES, 110TH CONGRESS, THE HONORABLE JOHN D. DINGELL
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 110th Congress. It includes the areas in which
the Committee expects to conduct oversight during the 110th
Congress, subject to limits on staff and resources, but does
not preclude oversight or investigation of additional matters
as the need arises.
COMMERCE, TRADE, AND CONSUMER PROTECTION ISSUES
The Federal Trade Commission
In the 110th Congress, the Committee will review the
management, operations, rulemaking, and enforcement actions of
the Federal Trade Commission (FTC). In particular, the
Committee will review Commission activity with regard to
mergers and acquisitions, franchises, business opportunities,
telemarketing, identity theft, and privacy, as well as actions
regarding false and deceptive advertising, including offerings
made by mail and e-mail.
The Consumer Product Safety Commission
In the 110th Congress, the Committee will conduct a broad
review of the management, operations, activities, and
performance of the Consumer Product Safety Commission (CPSC) in
safeguarding consumers, particularly children, from faulty or
dangerous products. This will include review of the CPSC's
implementation of Section 15(b) of the Consumer Product Safety
Act pertaining to Substantial Product Hazard Reports; other
data gathering and dissemination efforts with respect to
products within its jurisdiction; the assessment of civil
penalties to enforce safety; CPSC work on emerging hazards; and
the relationship of CPSC orders to common law. The Committee
will examine other activities that may enhance consumer product
safety, such as safety standard-setting and certifying
organizations.
National Highway Traffic Safety Administration
In the 110th Congress, the Committee will review the
management, operations, and activities of the National Highway
Traffic Safety Administration, particularly as they pertain to
motor vehicle-related safety.
Interstate Commerce and E-Commerce
In the 110th Congress, the Committee will examine issues
that substantially affect interstate commerce. The Committee
will continue its review of consumer information privacy in the
commercial context. The Committee will also examine impediments
to electronic commerce, including State legal and regulatory
impediments and potentially anti-competitive activities in the
private sector. In addition, the Committee will review and
consider issues relating to private-sector cyber security,
fraud, and other criminal issues confronting e-commerce.
TRADE
In the 110th Congress, 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, food and drugs, and
energy. The Committee will particularly examine the issue of
whether these trade agreements adequately protect the interests
of domestic and foreign workers and the environment. In
addition, some of the trade practices that require
investigation include: Currency manipulation by China and
others; widespread theft of American intellectual property;
failure to abide by agreements regarding environment and worker
health and safety; use of offshore havens to perpetrate frauds
on U.S. consumers and investors; and the proper enforcement of
anti-dumping and countervailing duty laws by the Department of
Commerce. In doing so, the Committee will review the programs,
policies, and procedures of various Government agencies that
may needlessly impair the flow of people and commerce across
our Nation's borders and, in particular, their ability to
protect the international supply chain as it affects the
economy of the United States.
Travel and Tourism
In the 110th Congress, the Committee will review issues
affecting the travel and tourism industries, as well as how the
travel and tourism industries, along with Federal and State
governments, can encourage and promote the United States as a
travel destination for international and domestic passengers.
This review will include, but not be limited to, the operations
of various government departments that may needlessly interfere
with the free flow of tourists across our border including
activities related to the policies, procedures, and
administration of programs related to passports, visas, and
other relevant travel documents. In addition, the Committee
will review issues related to the plans and programs of various
Government agencies that may affect travel and tourism in
response to pandemic outbreaks.
Athletics
In the 110th Congress, the Committee will examine issues
arising from the commerce of professional and amateur
athletics, including drug abuse, and the health and welfare of
athletes. In addition, the Committee will monitor the
governance of organizations responsible for administering
athletics, including the U.S. Olympic Committee.
ENERGY AND AIR QUALITY ISSUES
Global Climate Change
In the 110th Congress, the Committee will carry out a broad
review of the global climate change issue, with a particular
focus on the role of human activity in global warming. The
Committee will examine the social, economic, cultural, and
homeland security implications of climate change and policy
options for responding to this problem. The Committee will also
review the Department of Energy (DOE), the Federal Energy
Regulatory Commission (FERC), and the Environmental Protection
Agency (EPA) strategies and activities in this area.
National Energy Policy
In the 110th Congress, 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 examine the impact of government policies
and programs on the exploration, production, and development of
domestic energy resources, including the effect of budget cuts
on research on alternative energy. In addition, the Committee
will review issues arising from the production and delivery of
oil and gas from Alaska and the Gulf of Mexico, including
pipeline safety, the Strategic Petroleum Reserve, and foreign
pipeline and LNG facilities crucial to American interests. The
Committee will also examine global crude oil supplies in light
of potential supply interruptions, such as the war in Iraq and
political turmoil in Venezuela. The Committee will review the
national security and energy policy implications of disruptions
to Russian oil and gas deliveries to Europe and elsewhere.
Oil and Natural Gas Markets
In the 110th Congress, the Committee will examine the
unregulated over-the-counter oil futures market, investigate
whether this market is being manipulated by speculators, and
examine whether this speculation may be artificially inflating
the price of crude oil. The Committee will also review
solutions to this problem, including possible regulation by the
Commodities Futures Trading Commission (CFTC). In addition, the
Committee will investigate allegations of gasoline price
gouging. The Committee will also examine the unregulated over-
the-counter natural gas market, focusing on the need for market
transparency and regulation. The Committee will also examine
the role of the U.S.and Iraqi Governments in legislation
requiring Iraq to cede control of its oil industry to foreign oil
companies and the implications for the global crude oil supply, as well
as U.S. national security and energy policy.
Management of the Department of Energy and Its National Laboratories
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. Such a review will
also include investigating allegations that laboratory
employees on detail to Government agencies have improperly
utilized their position to improperly steer Government
contracts to themselves or their host labs. The Committee will
particularly focus on DOE's management of the environment,
safety, and health aspects of its policies and activities. The
Committee will also review DOE management of the contractors
that operate the National Laboratories. The Committee's
oversight work will include a review of the implementation of
nuclear security requirements at NNSA and DOE facilities;
ongoing safety and security problems at the Los Alamos National
Laboratory; and the Office of Environmental Management's
accelerated cleanup program and high-level radioactive waste
management efforts. The Committee will conduct a careful review
of DOE's compliance with Federal and State environmental laws
and regulations. In addition, the protection of nuclear
materials around the globe is among the Committees highest
priorities. Oversight in the 110th Congress will focus on DOE
operation of the First and Second Lines of Defense programs
overseas; DOE and Customs and Border Patrol (CBP) efforts to
secure foreign ports that ship into the U.S.; on-going problems
at both the National Labs and at nuclear power plants with
respect to leaks of both nuclear materials and sensitive
security information; and nuclear detection systems at air,
land, and seaports.
The Federal Energy Regulatory Commission
In the 110th Congress, the Committee will examine the
activities of the Federal Energy Regulatory Commission
pertaining to energy industry licensing, ratemaking, and
mergers and acquisitions, with a particular focus on the
protection of consumers. The Committee will also examine issues
pertaining to the adequacy and reliability of the Nation's
interstate electric transmission grid. In addition, the
Committee will conduct oversight of FERC's handling of lessons
learned from the crisis in California and western electricity
markets during 2001 and 2002, and steps taken to prevent future
manipulation of energy markets for both natural gas and
electricity.
The Nuclear Regulatory Commission
The Committee will review the activities of the Nuclear
Regulatory Commission (NRC). The Committee will examine NRC's
budget requests, conduct oversight of how the Commission
discharges its various responsibilities, and review whether the
Commission is an effective regulator of nuclear facilities. In
particular, the Committee will monitor closely the efforts of
NRC to fully implement new security requirements at commercial
nuclear power plants.
Clean Air Act
In the 110th Congress, the Committee will review the
Environmental Protection Agency's implementation of the Clean
Air Act, particularly pertaining to rulemakings affecting power
plants, including new source review, mercury emissions, and
other regulation of air pollution. The Committee will also
investigate allegations of undue industry influence on Clean
Air Act rulemakings and purported attempts to undercut existing
enforcement actions.
ENVIRONMENT AND HAZARDOUS MATERIALS ISSUES
EPA Management and Operations
In the 110th Congress, the Committee intends to conduct an
extensive review of the management, operations, and activities
of the Environmental Protection Agency, including a review of
the agency's budget, funding decisions, resource allocations,
grants, research activities, enforcement actions, relations
with State and local Governments, and program management and
implementation. The Committee will particularly examine EPA's
substitution of voluntary compliance programs instead of
enforcement, including the shifting of funds and personnel to
voluntary compliance programs and initiatives that have no
specific authorization and that the EPA Inspector General has
reported often fail to achieve the promised compliance. In
addition, the Committee will investigate all aspects of the
EPA's decision to close its libraries and give away and/or
destroy parts of the library collections. The Committee will
also examine the issue of whether scientists both inside and
outside EPA are playing an adequate role in rulemaking and
other decision-making at the agency.
Hazardous and Toxic Wastes
In the 110th Congress, the Committee will review the
management, operations, activities, and funding of the
Superfund program, with a particular focus on EPA failure to
investigate, score, and list toxic waste sites that local
communities, States, and EPA Regional Offices have requested
for listing on the National Priorities List (NPL). The
Committee will examine the issue of whether there is adequate
funding for remedial action at NPL sites that are ready to
begin final cleanup. The Committee will also examine the issue
of whether EPA has adequately addressed widespread perchlorate
contamination and the public health risks posed by Concentrated
Animal Feeding Operations (CAFOs). The Committee will review
global hazardous materials treaties to which the United States
is signatory and review these agreements for compliance with
Federal and State environmental laws and regulations.
Department of Defense Compliance With Environmental Laws
The Committee will review Department of Defense (DOD)
environmental activities and ascertain its record of clean-up
effectiveness, ongoing monitoring, and compliance with Federal
and State environmental laws and regulations. The Committee
will particularly examine EPA's failure to enforce
environmental laws at DOD facilities; DOD opposition to the
listing of toxic waste sites on the NPL; DOD refusal to sign
interagency cleanup agreements with EPA; DOD challenges to
State regulatory authority under the Resource Conservation and
Recovery Act (RCRA) at formerly utilized defense sites (FUDS);
DOD delays in cleaning up its Superfund sites; and DOD refusal
to respond to data requests from the Agency for Toxic
Substances and Disease Registry (ATSDR) pertaining to
contamination of Marine families' drinking water at Camp
Lejeune.
HEALTH AND HEALTHCARE ISSUES
The Food and Drug Administration
In the 110th Congress, the Committee will review the
management, operations, and activities of the Food and Drug
Administration (FDA), including its implementation of statutes
and regulations pertaining to its mission to ensure the safety
of drugs and the food supply. Drug safety investigations will
focus on allegations that the FDA has repressed expert
scientific opinion regarding serious problems arising during
clinical trials and dismissed credible information developed by
FDA scientists charged with monitoring adverse events
associated with approved drugs. The Committee will also review
the failure of the FDA and other Federal law enforcement
agencies to control the importation and sale of illicit,
counterfeit, and dangerous drugs.
Food safety investigations will focus on the effect of
budget and other resource cuts on the ability of the FDA to
adequately enforce food safety laws and regulations. The
Committee will also investigate allegations that compliance
with the law has become voluntary with the effect on the food
supply of: Increases in E. Coli outbreaks in fresh produce;
meat that is packaged in an atmosphere containing carbon
monoxide with the specific purpose of preserving the red
coloring beyond the time when it can be consumed safely; and
inadequate inspection of imported food.
The Committee will also conduct a broad examination of the
regulation of medical device safety. In addition, the Committee
will review the issue of generic drug lag and the FDA's failure
to approvegeneric biopharmaceuticals; the adequacy of clinical
trial oversight conducted by FDA and the related issue of human subject
protection; the effect of six-month exclusivity extensions granted by
the FDA upon approval of pediatric drug testing protocols and whether
such protocols are sufficient to determine either the safety or
efficacy of these drugs in children; the FDA's implementation of the
Best Pharmaceuticals for Children Act; the safety and regulation of the
blood supply; and the frequency and reliability on inspections of
foreign drug manufacturing, particularly in China and India.
Centers for Medicare and Medicaid Services
In the 110th Congress, the Committee will review the
management, operations, and activities of the Centers for
Medicare and Medicaid Services (CMS), including its management
and oversight of the programs it administers. The Committee
will also examine and review Medicare and Medicaid management
and activity as it relates to ongoing Committee efforts to
prevent waste, fraud, and abuse in Federal healthcare programs.
Medicare and Medicaid fraud investigations will include drug
pricing abuses under Part D (the Medicare drug benefit); CMS
policing of rebates due the Medicaid program under the Medicaid
drug rebate program; and fraud involving durable medical
equipment. The Committee will also review alleged fraud in
billing by home health agencies (HHAs); hospice benefit fraud;
CMS enforcement against nursing home abuses; the effectiveness
and reliability of Program Safeguard Contractors (PSCs); the
high rate of hospital-acquired infections; and the
effectiveness of the Health Insurance Portability and
Accountability Act (HIPPA) enforcement.
Hurricane Katrina and Health Services
In the 110th Congress, the Committee will investigate the
efforts of Department of Health and Human Services (HHS), the
Department of Homeland Security (DHS), and others to
reconstruct the healthcare infrastructure in New Orleans
following Hurricane Katrina, including the homeland security
implications of such efforts for future disasters. The
Committee will also review the performance of the HHS Office of
Emergency Preparedness during and after Katrina and the use of
the Public Health Service Corps during Katrina and other
emergencies.
Centers for Disease Control and Prevention
In the 110th Congress, the Committee will review the
management, operations, and activities of the Centers for
Disease Control and Prevention, with particular focus on the
effects of outsourcing of critical Government functions and its
impact on its ability to respond to both natural and man-made
outbreaks of disease.
National Institutes of Health
In the 110th Congress, the Committee will examine the
National Institutes of Health (NIH) organizational structure,
priority setting, and research activities. This effort will
include oversight of management and operations of internal NIH
programs, as well as NIH-funded extramural research. Particular
emphasis will be placed on the effectiveness of NIH's policies,
procedures, and programs related to preparing for and
responding to terrorist events.
TELECOMMUNICATIONS AND INTERNET ISSUES
The Federal Communications Commission
During the 110th Congress, 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 Committee will
examine the FCC's spectrum management policies to determine
whether the policies encourage efficient use of the
electromagnetic spectrum and equitable distribution of
Commission licenses and authorizations. The FCC's efforts to
transition the Nation from analog to digital broadcasting will
be a particular 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 the issue
of whether the IG has adequate resources and the institutional
independence necessary to carry out its responsibilities.
Universal Service Reform
In the 110th Congress, 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, and robust functioning of the Internet. In
particular, the Committee will examine the adequacy of efforts
to protect the integrity of telecommunications networks and
commercial use of the Internet, including reviewing programs of
the Department of Commerce, FCC, DHS, and others to secure
cyberspace. The Committee will examine the adequacy of efforts
by the FCC and others to fight child pornography on the
Internet, including the role of Internet Service Providers; and
the activities of the Department of Justice in providing the
necessary law enforcement resources for the discovery and
prosecution of Internet child pornography. 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
In the 110th Congress, the Committee will review programs
under the management of the National Telecommunications and
Information Administration (NTIA), including the interoperable
communications grant program intended to help the Nation's
first responders obtain state-of-the-art communications
equipment to effectively communicate with each other in times
of disaster. In addition, the Committee will investigate the
adequacy and effectiveness of NTIA's converter box program
intended to help consumers in the government-driven transition
to digital television. NTIA's actions related to Internet
governance will also be examined.
Corporation for Public Broadcasting
In the 110th Congress, 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.
HOMELAND SECURITY ISSUES
Critical Infrastructure Assurance Activities
In the 110th Congress, the Committee intends to review
infrastructure assurance efforts, including the Department of
Homeland Security efforts to increase critical infrastructure
resilience, in areas within the Committee's jurisdiction.
Nuclear Smuggling
In the 110th Congress, the Committee will review Federal
Government and private sector efforts to detect the illicit
transportation of nuclear materials and devices at border
crossings, seaports, and mail facilities. The Committee's
review will analyze and assess DHS, Customs and Border Patrol,
DOE, and other Government efforts and equipment aimed at
detecting and preventing the smuggling of dangerous commerce,
particularly nuclear and radiological weapons of mass
destruction. The Committee will also review measures taken by
private sector companies to detect and prevent the use of their
facilities andequipment for such purposes.
Emergency Preparedness and Bioterrorism
In the 110th Congress, the Committee will conduct an
extensive examination of the efforts and fund expended to
protect the U.S. from pandemic disease and biological and
chemical weapons. The Committee will review the implementation
by HHS of the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002, and the coordination
between HHS and DHS with respect to setting priorities and
goals for bioterrorism-related research and preparedness
activities, as well as overseeing activities and funding. The
Committee will review HHS efforts against avian influenza and
other pandemic diseases; Federal subsidies and other funding
provided to pharmaceutical companies to develop vaccines; and
particularly, the status of the development of anthrax and
smallpox vaccines.
Public Safety Communications Operations
In the 110th Congress, the Committee will examine whether
the communications needs of first responders are being met. The
Committee will examine efforts to ensure that first responders
have interoperable communications capabilities with local,
State, and Federal public safety officials. The Committee will
also consider whether first responders have an adequate amount
of and are effectively utilizing spectrum for voice, video, and
data transmissions.
Implementation of Government-Wide Cyber Security Program
The Homeland Security Act of 2002 included a separate
legislative provision entitled the Federal Information Security
Management Act, which reauthorized a government-wide cyber
security program under the direction of the Office of
Management and Budget (OMB). During the 110th Congress, the
Committee will review the management and implementation of the
cyber security provisions of the Homeland Security Act.
MISCELLANEOUS ISSUES
Federal Agency Management
As part of the Committee's oversight responsibilities
generally and as an expansion of its review of conflict-of-
interest policies in particular, the Committee will examine
ethics policies and practices at Federal agencies and
commissions within the Committee's jurisdiction. The Committee
will also examine agency procurement practices and contracts,
risk assessment practices, and agency implementation of laws
and regulations.
IMPLEMENTATION OF THE COMMITTEE ON ENERGY AND COMMERCE OVERSIGHT PLAN
FOR THE 110TH CONGRESS
COMMERCE, TRADE, AND CONSUMER PROTECTION ISSUES
THE CONSUMER PRODUCT SAFETY COMMISSION
In the 110th Congress, the Committee conducted a broad
review of the management, budget, operations, activities,
performance, and statutory authorities of the Consumer Product
Safety Commission (CPSC) with regard to safeguarding consumers,
particularly children, from faulty or dangerous products. In
response to the record number of recalls in 2007 of China-made
toys containing dangerous magnets and high levels of lead, the
Committee expanded its inquiry to include the effectiveness of
import and export regulations, as well as safety-standard
setting and certifying organizations. The Committee used this
record to write landmark reform legislation that was signed
into law by the President.
THE FEDERAL TRADE COMMISSION
In the 110th Congress, the Committee reviewed actions of
the Federal Trade Commission (FTC) with respect to mergers and
acquisitions, telemarketing, unfair or deceptive advertising,
Internet safety, and identity theft and privacy. The Committee
used the telemarketing record to write two bills that have been
signed into law: the first eliminated the automatic removal of
phone numbers registered on the popular ``Do-Not-Call''
registry, while the other Act allows the FTC to continue
collecting the fees necessary to maintain and enforce that
registry. Also based on the Committee's investigation and
signed into law by the President was legislation providing $5
million to the FTC for an Internet safety campaign aimed at
children. The Committee's review of deceptive practices
produced legislation to protect consumers who purchase calling
cards by enhancing the ability of the FTC to combat widespread
abusive and deceptive marketing practices, such as hidden
charges and false advertising of calling minutes. This bill
passed the House with no action by the Senate. The Committee's
identity theft and privacy review produced two bills, neither
of which became a public law; legislation that would protect
Internet users from unknowing transmission of their personally
identifiable information through spyware programs passed the
House with no action by the Senate, while legislation that
would protect consumers by prohibiting the public display and
purchase and sale of Social Security numbers in interstate
commerce to commit fraud, deception, crime, or financial harm
to individuals was referred to the Committee on Ways and Means
for further consideration. No further action was taken on this
latter legislation.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
In the 110th Congress, the Committee reviewed the
activities of the National Highway Traffic Safety
Administration, particularly as they pertain to motor vehicle-
related safety.
TRADE
In the 110th Congress, the Committee monitored and examined
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. In particular, the
Committee held a joint oversight hearing with the Committee on
Ways and Means and the Committee on Financial Services to
consider the impact of currency manipulation practices by China
and Japan on the U.S. economy, businesses, and workers.
TRAVEL AND TOURISM
In the 110th Congress, the Committee reviewed issues
affecting the travel and tourism industries, as well as means
to encourage and promote the United States as a travel
destination for international and domestic passengers. This
examination included the operations of various government
departments, including the policies, procedures, and
administration of programs related to passports, visas, and
other travel documentation or restrictions. On the basis of
this record, the Committee reported legislation to establish a
nonprofit corporation to promote travel to the United States.
The bill passed the House but no further action was taken.
SPORTS
In the 110th Congress, the Committee examined issues
arising from the commerce of professional and amateur
athletics, including the lack of diversity in leadership
positions in the National Collegiate Athletic Association, the
use of performance enhancing drugs by professional athletes,
and abuses permeating thoroughbred horse racing. The Committee
examined the applicable regulatory structures and the possible
need for Federal regulation.
ENERGY AND AIR QUALITY ISSUES
In the 110th Congress, the Committee reviewed a large
number of management, budget, policy and other matters in the
areas of energy and air quality, consistent with the oversight
plan provided by the Committee at the outset of the Congress.
The Subcommittee on Energy and Air Quality, through hearings,
correspondence, and other communications with the executive
branch and private sector, conducted a number of oversight
activities, and accordingly wrote and approved legislation
where needed.
Independently, and in conjunction with the Oversight and
Investigations Subcommittee, the Subcommittee on Energy and
AirQuality reviewed and developed legislative proposals to address the
effects of speculation and the lack of transparency and regulation in
international oil markets.
In more than 20 hearings, the Subcommittee examined both
the strengths and weaknesses of various approaches to the issue
of climate change, including crucial systems such as trading
schemes and emissions allowances in cap and trade systems, and
the role of different levels of government in reducing
greenhouse gas emissions. The Subcommittee produced four white
papers on these matters, and crafted draft legislation to
reduce U.S. greenhouse gas emissions by up to 80 percent by the
year 2050.
The Subcommittee reviewed matters relating to the supply,
distribution, and conservation of energy and the role of
various Federal agencies pertaining to the adequacy and
reliability of the Nation's energy systems, both in terms of
management of the Nation's electric grid, and its vulnerability
to cybersecurity attacks.
The Subcommittee also subjected to scrutiny, for the first
time in years, the budget and priorities of the Environmental
Protection Agency, the role of science in Agency decisions, and
the lack of transparency in many of its operations. For
example, efforts by the Subcommittee forestalled EPA efforts to
close its regional libraries.
ENVIRONMENT AND HAZARDOUS MATERIALS ISSUES
During the 110th Congress, the Committee endeavored,
through vigorous oversight, to ensure that the Environmental
Protection Agency (EPA) effectively performs its mission of
protecting the public health and environment. As part of that
effort, the Committee also worked to ensure that EPA also has
the resources it needs to do its job.
Oversight hearings were held on EPA's proposed rules for
geologic sequestration of carbon dioxide. The Subcommittee
examined the potential storage capacity in deep subsurface
geologic formations in the United States. The Committee also
conducted vigorous oversight of EPA's efforts to enforce
hazardous waste laws at Department of Defense facilities, in
order to facilitate cleanup actions.
The Committee looked into EPA's Office of Inspector General
proposed buyout of employees and office closings. The buyout
plan would have significantly reduced an important division of
EPA that prevents waste, fraud, and abuse at the agency. Due to
efforts by the Committee and in close cooperation with the
Committee on Appropriations, the buyout program was abandoned;
no additional offices were closed and the budget was increased.
A proposed EPA rule that would eliminate reporting
requirements for air emissions of ammonia and hydrogen sulfide
from animal waste at large factory farms or Concentrated Animal
Feeding Operations (CAFOs) was examined in a September 24,
2008, hearing.
HEALTH AND HEALTHCARE ISSUES
FOOD AND DRUG ADMINISTRATION
In the 110th Congress, the Committee conducted a broad
review of the management, budget, operations, activities,
performance, and statutory authorities of the Food and Drug
Administration (FDA) with regard to post-market safety of
pharmaceuticals, user fees for the review of drugs and medical
devices, pediatric drug testing, and public access to clinical
trials information. Based on the Committee's work, legislation
was drafted and signed into law by the President that provides
FDA with new authorities to monitor and act on postmarket
safety concerns, and that renew drug and medical devices user
fees, reauthorizes and expands pediatric drug testing
incentives and mandates, and creates a registry of information
about clinical trials.
Additionally, the Committee reviewed the FDA's authority
and resources related to the review of animal drugs, including
holding a hearing on legislation proposed by the
Administration. Based on that review, the Committee drafted
legislation that was signed into law to revise and extend the
animal drug user fee program, to establish a program of fees
for the review of generic new animal drugs, and to expand
available information about the use of antibiotics in food-
producing animals.
Threats to the safety of the Nation's food and drug supply
were highlighted when adulterated wheat gluten imported from
China and used for pet food sickened or killed a number of dogs
and cats. Subsequently, contaminated heparin produced in
Chinese facilities was found to have caused the deaths of more
than one hundred people. In addition, outbreaks of E. coli in
spinach, Salmonella in peanut butter, and botulism in chili
sauce in the United States brought renewed attention to the
risks posed by accidental food contamination.
The Committee also reviewed the adequacy of the funding and
authorities to protect American consumers from unsafe food,
drugs, devices, and cosmetics, with a particular focus on the
safety of imported products. The review led to the introduction
of legislation to improve the safety of imported products. Four
hearings were held on this legislation with further action
expected in the 111th Congress.
Further information about the Committee's efforts regarding
the safety of the Nation's drug supply and food supply can be
found in the Subcommittee on Health and Subcommittee on
Oversight and Investigations sections of this report.
CENTERS FOR MEDICARE AND MEDICAID SERVICES
In the 110th Congress, in response to a wave of
acquisitions of large, publicly held nursing home chains by
private equity firms and the development of new and opaque
investment models, the Subcommittee on Oversight and
Investigations launched an investigation into the effect of new
ownership structures. As a result of the investigation and
hearing:
In February 2008, CMS publicly disclosed the names
of 147 nursing homes, including those terminated from the
Medicare and Medicaid programs for persistent failure to
improve.
Shortly before the hearing, CMS linked the poor
performer list to its ``Nursing Home Compare'' Web site for
consumers.
Shortly after the hearing, CMS implemented a more
informative ``five-star'' rating system on its Web site to help
families evaluate the quality of care in nursing homes.
In August 2008, CMS began requiring its quality
improvement contractors to work closely with and provide
technical assistance to chronically poor performing nursing
homes.
Legislation has been introduced in the Senate to
require ownership information and expand legal protections for
residents and their families, with similar legislation being
drafted in the House.
The Committee investigated predatory sales practices in the
Medicare Advantage program. During a hearing on the topic,
testimony was heard from victims of Medicare Advantage (MA)
marketing abuses by sales agents, as well as industry
representatives, State regulators, and the Director of the MA
program at the Centers for Medicare and Medicaid Services. As a
result of the investigation and hearings:
CMS imposed a marketing moratorium on seven
insurance companies associated with some of the more egregious
sales practices targeting seniors.
In September 2007, CMS issued the first monetary
penalties against MA plans for marketing abuses.
On October 1, 2007, as a result of the Chairman's
request, CMS made public the corrective action plans it had
imposed on various MA plans.
In fall 2007, CMS launched a ``secret shopper''
program to ensure that plans were complying with CMS' marketing
guidelines.
On May 20, 2008, the majority staff issued a staff report
on additional problems with the design, oversight, and
administration of MA plans. Two months later, on July 15, 2008,
Congress overrode the President's veto of H.R. 6331, the
``Medicare Improvements for Patients and Providers Act of
2008.'' This legislation addresses problems identified by the
Subcommittee and prohibits MA and prescription drug plans and
their sales agents from selling their products via door-to-door
sales; cold calling; cross selling non-health-related products;
offeringmeals of any sort; and conducting sales activities of
any kind at educational events or in healthcare settings. The bill also
calls for limits on commissions and gifts, and mandates that agents be
licensed and appointed as required under State law and receive annual
training on Medicare and the specific MA and Part D plans they sell.
HURRICANE KATRINA AND HEALTH SERVICES
Hurricane Katrina, which made landfall near the Louisiana-
Mississippi border on the morning of August 29, 2005, and the
subsequent flooding caused by the failure of the New Orleans
levee system resulted in one of the largest natural disasters
to hit the United States.
In the 110th Congress, the Committee focused significant
efforts on stabilizing and restoring the New Orleans healthcare
system, recognizing that the availability of healthcare
services and healthcare-related jobs, and the restoration of
access for the uninsured as well as the insured, were essential
to the region's long-term recovery. As a result of the
investigation and hearings:
HHS released $100 million in Deficit Reduction Act
healthcare monies to establish and maintain primary care
clinics throughout the metropolitan area over the next 3 years,
and issued grants to support retention and recruitment of
medical providers to expand access to medical services in the
region.
In November 2007, HHS began work on revisions to
its Medicare graduate medical education rules to address
community disaster situations involving the loss of a major
teaching hospital.
The VA entered into an agreement with the City of
New Orleans to begin construction of a new hospital, as plans
developed for creation of a new medical district in downtown
New Orleans that would include a new VA Hospital and a new
public teaching hospital. The co-location of the two hospitals
will facilitate the sharing of support services and other
resources.
The Health Resources and Services Administration
provided technical assistance to providers in areas ravaged by
the Hurricane to increase healthcare access for underserved
communities.
In September 2008, Congress approved, and the
President signed, legislation appropriating $600 million in
Social Services Block Grant monies that will be available to
the State of Louisiana for assistance with stabilization of its
healthcare system. The Congressional relief package provides
flexible funding to States impacted by natural disasters in
2008, as well as States such as Louisiana still struggling to
recover from Hurricanes Katrina and Rita.
NATIONAL INSTITUTES OF HEALTH
In the 110th Congress, the Committee conducted an oversight
hearing related to implementation of the National Institutes of
Health Reform Act of 2006, which is scheduled for
reauthorization in the 111th Congress. The hearing examined the
Agency's progress in meeting the goals of the legislation,
which include improving interdisciplinary coordination, the
translation of scientific studies into patient care,
transparency, and accountability.
CENTERS FOR DISEASE CONTROL AND PREVENTION
In the 110th Congress, the Subcommittee on Oversight and
Investigations investigated the management, operation, and
activities of DHS' National Biosurveillance Integration System
(NBIS) of the Department of Homeland Security (DHS). NBIS was
created by DHS as a means of integrating bio-surveillance
information across the entire government. The purpose of the
investigation was to assess the adequacy of DHS'
biosurveillance efforts, the extent to which biosurveillance
systems have been integrated thus far, and whether
biosurveillance resources are being effectively used. According
to unofficial sources, the NBIS is in fact a hollow shell that
contributes little if anything to the DHS mission and
duplicates efforts of the Department of Health and Human
Services, Centers for Disease Control and Prevention and other
government agencies. Records were received in response to the
initial record request and are currently under review. The next
steps are site visits, interviews, and additional records
requests.
TELECOMMUNICATIONS AND INTERNET ISSUES
During the 110th Congress, the Subcommittee on
Telecommunications and the Internet implemented the Committee's
oversight plan for the 110th Congress through oversight
hearings, correspondence with relevant executive branch offices
and independent agencies, and enlisting the Government
Accountability Office (GAO) to commence investigations.
The Subcommittee conducted oversight of the activities of
the Federal Communications Commission (FCC) and the National
Telecommunications and Information Administration (NTIA). The
Subcommittee held four FCC oversight hearings at which all five
FCC Commissioners testified. These hearings examined the effect
of the FCC's decisions on increasing competition, increasing
the availability of advanced technologies and services,
efficiently managing spectrum, protecting consumers, assuring
adequate emergency communications capability, and otherwise
serving the public interest, convenience and necessity. The
Subcommittee held an oversight hearing examining programs under
NTIA's management, including the interoperable communications
grant program intended to help the Nation's first responders
obtain state-of-the-art communications equipment to effectively
communicate with each other in times of disaster. The
Subcommittee also focused on the efforts of the FCC and the
NTIA to transition the Nation from analog to digital
broadcasting and held six hearings regarding this transition.
The Subcommittee worked to assure the safe, secure, and
robust functioning of the Internet, including by ensuring
proper Department of Commerce oversight of the Internet
Corporation for Assigned Names and Numbers. The Subcommittee
also investigated waste, fraud, and abuse in the Universal
Service Fund, including by holding an oversight hearing
examining the program and requesting the GAO's assistance in
examining waste, fraud, and abuse in the program.
HOMELAND AND SECURITY ISSUES
In the 110th Congress, the Subcommittee on Oversight and
Investigations held three hearings examining security at the
Department of Energy's national labs, mostly relating to
security at Los Alamos National Lab (LANL). Each hearing
examined an array of concerns surfaced by both internal and
external audits and investigations relating to both how LANL
secures classified and other sensitive information and its
ability to mitigate against all forms of physical intrusion,
including a terrorist attack. As LANL has had longstanding
security problems for more than a decade, the Subcommittee
continued its direct oversight of its activities including
requesting a number of comprehensive audits and reviews by GAO.
Since the attacks of September 11, 2001, the Committee has
been investigating the capacity of the Department of Homeland
Security (DHS) to target and inspect sea cargo containers bound
for the United States from foreign ports in order to prevent
possible smuggling of nuclear weapons or radiological
materials. On September 18, 2007, the Committee held a hearing
entitled, ``Nuclear Terrorism Prevention: Status Report on the
Federal Government's Assessment of New Radiation Detection
Monitors,'' which reviewed the GAO's critical assessment of the
Domestic Nuclear Detection Office's (DNDO) efforts to test,
certify, and deploy a new generation of radiation portal
monitors known as ``Advanced Spectroscopic Portals'' (ASPs).
As the result of the Subcommittee's investigation, the
legislation making appropriations for the Department of
Homeland Security for fiscal years 2008 and 2009 prohibited
DNDO from making full scale procurement until it conducted
additional testing, and the Secretary certified that these new
machines provided a ``significant increase in operational
effectiveness'' and the National Academy of Sciences concurred.
This action saved taxpayers $1.2 billion by blocking the
purchase of machinery that was not proven to be ready for
deployment at our ports and border crossings.
The Subcommittee made considerable efforts to examine how
well the Department of Energy, including the Nation's key
weapons labs, were positioned to prevent unauthorized cyber
intrusions and data theft. These efforts were the subject of
several hearings and are discussed in detail elsewhere in this
report. Nonetheless, because of ongoing concerns raised by DOE
officials and other cyber-security experts about the Federal
government's vulnerability in this area generally, the
Subcommittee began discussions with GAO to develop plans to
broaden its vulnerability assessment of other key agencies and
Departments under the Committee's jurisdiction. Of particular
concern are those agencies whose IT system was demonstrated to
have profound weaknesses in the course of the Subcommittee's
other investigations. As the 110th Congress came to a close,
GAO had begun to plan important cyber-related assessments of
key agencies and Departments.
APPENDIX I
Legislative Activities
COMMITTEE ON ENERGY AND COMMERCE
Statistical Summary of Committee Activities
Total Bills and Resolutions Referred to Committee............. 1531
Public Laws................................................... 58
Bills and Resolutions Reported to the House................... 59
Hearings Held:
Days of Hearings.......................................... 170
Full Committee........................................ 6
Subcommittee on Commerce, Trade, and Consumer
Protection.......................................... 16
Subcommittee on Energy and Air Quality................ 31
Subcommittee on Environment and Hazardous Materials... 9
Subcommittee on Health................................ 40
Subcommittee on Oversight and Investigations.......... 36
Subcommittee on Telecommunications and the Internet... 32
Hours of Sitting.......................................... 535:29
Full Committee........................................ 17:02
Subcommittee on Commerce, Trade, and Consumer
Protection.......................................... 51:07
Subcommittee on Energy and Air Quality................ 85:32
Subcommittee on Environment and Hazardous Materials... 23:11
Subcommittee on Health................................ 113:54
Subcommittee on Oversight and Investigations.......... 154:07
Subcommittee on Telecommunications and the Internet... 90:36
Legislative Markups:
Days of Markups........................................... 47
Full Committee........................................ 24
Subcommittee on Commerce, Trade, and Consumer
Protection.......................................... 5
Subcommittee on Energy and Air Quality................ 2
Subcommittee on Environment and Hazardous Materials... 3
Subcommittee on Health................................ 11
Subcommittee on Telecommunications and the Internet... 2
Hours of Sitting.......................................... 123:28
Full Committee........................................ 79:39
Subcommittee on Commerce, Trade, and Consumer
Protection.......................................... 5:27
Subcommittee on Energy and Air Quality................ 8:38
Subcommittee on Environment and Hazardous Materials... 1:50
Subcommittee on Health................................ 25:54
Subcommittee on Telecommunications and the Internet... 2:00
Business Meetings:
Days of Meetings.......................................... 4
Subcommittee on Oversight and Investigations.......... 4
Hours of Sitting.......................................... 2:00
Subcommittee on Oversight and Investigations.......... 2:00
APPENDIX II
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: 58
------------------------------------------------------------------------
Public Law Date Approved Bill Title
------------------------------------------------------------------------
110-18 April 20, 2007 H.R. 1132 National Breast
and Cervical
Cancer Early
Detection Program
Reauthorization
Act of 2007
110-23 May 3, 2007 H.R. 727 Trauma Care
Systems Planning
and Development
Act of 2007
110-49 July 26, 2007 H.R. 556 Foreign Investment
and National
Security Act of
2007
110-53 August 3, 2007 H.R. 1 Implementing
Recommendations
of the 9/11
Commission Act of
2007
110-54 August 3, 2007 H.R. 2429 To amend Title
XVIII of the
Social Security
Act to provide
and exception to
the 60-day limit
on Medicare
reciprocal
billing
arrangements
between two
physicians during
the period in
which one of the
physicians is
ordered to active
duty as a member
of a reserve
component of the
Armed Forces
110-85 September 27, 2007 H.R. 3580 Food and Drug
Administration
Amendments of
2007
110-90 September 29, 207 H.R. 3668 TMA, Abstinence
Education, and QI
Programs
Extension Act of
2007
110-140 December 19, 2007 H.R. 6 Energy
Independence and
Security Act of
2007
110-144 December 21, 2007 H.R. 710 Charlie W. Norwood
Living Organ
Donation Act
110-150 December 21, 2007 S. 597 To amend title 39,
United States
Code, to extend
the authority of
the United States
Postal Service to
issue a
semipostal to
raise funds for
breast cancer
research
110-154 December 21, 2007 S. 2484 To rename the
National
Institute of
Child Health and
Human Development
as the Eunice
Kennedy Shriver
National
Institute of
Child Health and
Human Development
110-170 December 26, 2007 S. 1916 Chimp Haven is
Home Act
110-173 December 29, 2007 S. 2499 Medicare,
Medicaid, and
SCHIP Extension
Act of 2007
110-187 February 15, 2008 H.R. 3541 Do-Not-Call
Improvement Act
of 2007
110-188 February 15, 2008 S. 781 Do-Not-Call
Registry Fee
Extension Act of
2007
110-189 February 28, 2008 H.R. 1216 K.T. Safety Act of
2007
110-202 April 23, 2008 S. 845 Safety of Seniors
Act of 2007
110-204 April 24, 2008 S. 1858 Newborn Screening
Saves Lives Act
of 2007
110-206 April 28, 2008 S. 793 Traumatic Brain
Injury Act of
2008
110-232 May 19, 2008 H.R. 6022 Strategic
Petroleum Reserve
Fill Suspension
and Consumer
Protection Act of
2008
110-233 May 21, 2008 H.R. 493 Genetic
Information
Nondiscrimination
Act of 2008
110-234 May 22, 2008 H.R. 2419 Food,
Conservation, and
Energy Act of
2008
110-237 May 27, 2008 H.R. 5919 To make technical
corrections
regarding the
Newborn Screening
Saves Lives Act
of 2007
110-246 June 18, 2008 H.R. 6124 Food,
Conservation, and
Energy Act of
2008
110-252 June 30, 2008 H.R. 2642 Supplemental
Appropriations
Act of 2008
110-255 June 30, 2008 S. 2146 To authorize the
Administrator of
the Environmental
Protection Agency
to accept, as
part of a
settlement,
diesel emission
reduction
supplemental
environmental
projects
110-275 July 15, 2008 H.R. 6331 Medicare
Improvements for
Patients and
Providers Act of
2008
110-278 July 17, 2008 H.R. 814 Children's
Gasoline Burn
Prevention Act
110-283 July 23, 2008 H.R. 3403 New and Emerging
Technologies 911
Improvement Act
of 2008
110-285 July 29, 2008 H.R. 1553 Caroline Pryce
Walker Conquer
Childhood Cancer
Act of 2008
110-289 July 30, 2008 H.R. 3221 Housing and
Economic Recovery
Act of 2008
110-293 July 30, 2008 H.R. 5501 Tom Lantos and
Henry J. Hyde
United States
Global Leadership
Against HIV/AIDS,
Tuberculosis, and
Malaria
Reauthorization
Act of 2008
110-295 July 30, 2008 S. 2607 To make a
technical
correction to
section 3009 of
the Deficit
Reduction Act of
2005
110-314 August 14, 2008 H.R. 4040 Consumer Product
Safety
Improvement Act
of 2008
110-316 August 14, 2008 H.R. 6432 To amend the
Federal Food,
Drug, and
Cosmetic Act to
revise and extend
the Animal Drug
User Fee Program,
to establish a
program of fees
relating to
generic new
animal drugs, to
make certain
technical
corrections to
the Food and Drug
Administration
Amendments Act of
2007
110-325 September 25, 2008 S. 3406 ADA Amendments Act
of 2008
110-339 October 3, 2008 S. 1760 Healthy Start
Reauthorization
Act of 2007
110-343 October 3, 2008 H.R. 1424 Emergency Economic
Stabilization Act
of 2008
110-345 October 7, 2008 H.R. 1199 Drug Endangered
Children Act of
2007
110-354 October 8, 2008 H.R. 1157 Breast Cancer and
Environmental
Research Act of
2008
110-355 October 8, 2008 H.R. 1343 Health Care Safety
Net Act of 2008
110-361 October 8, 2008 H.R. 5265 Paul D. Wellstone
Muscular
Dystrophy
Community
Assistance,
Research, and
Education
Amendments of
2008
110-368 October 8, 2008 H.R. 6946 To make a
technical
correction in the
NET 911
Improvement Act
of 2008
110-373 October 8, 2008 S. 1382 ALS Registry Act
110-374 October 8, 2008 S. 1810 Prenatally and
Postnatally
Diagnosed
Conditions
Awareness Act
110-377 October 8, 2008 S. 2932 Poison Center
Support,
Enhancement, and
Awareness Act of
2008
110-379 October 8, 2008 S. 3560 QI Program
Supplemental
Funding Act of
2008
110-381 October 9, 2008 H.R. 2851 Michelle's Law
110-385 October 10, 2008 S. 1492 Broadband Data
Services
Improvement Act
110-392 October 13, 2008 H.R. 1532 Comprehensive
Tuberculosis
Elimination Act
of 2008
110-413 October 14, 2008 H.R. 7198 Stephanie Tubbs
Jones Gift of
Life Medal Act of
2008
110-414 October 14, 2008 S. 906 Mercury Export Ban
Act of 2008
110-415 October 14, 2008 S. 1276 Methamphetamine
Production
Prevention Act of
2008
110-417 October 14, 2008 S. 3001 Duncan Hunter
National Defense
Authorization Act
for Fiscal Year
2009
110-425 October 15, 2008 H.R. 6353 Ryan Haight Online
Pharmacy Consumer
Protection Act of
2008
110-426 October 15, 2008 H.R. 6469 Stephanie Tubbs
Jones Organ
Transplant
Authorization Act
of 2008
110-452 December 2, 2008 S. 602 Child Safe Viewing
Act of 2007
110-457 December 23, 2008 H.R. 7311 William
Wilberforce
Trafficking
Victims
Protection
Reauthorization
Act of 2008
110-459 December 23, 2008 S. 3663 Short-term Analog
Flash and
Emergency
Readiness Act
110-460 December 23, 2008 S. 3712 To make a
technical
correction in the
Paul Wellstone
and Pete Domenici
Mental Health
Parity and
Addiction Equity
Act of 2008
------------------------------------------------------------------------
APPENDIX III
PART A
Printed Hearings of the Committee on Energy and Commerce
------------------------------------------------------------------------
Serial No. Hearing Title Hearing Date(s)
------------------------------------------------------------------------
110-1 Continuing Security January 30, 2007
Concerns at Los Alamos April 20, 2007
National Laboratory
(Subcommittee on
Oversight and
Investigations).
110-2 Review of the February 6, 2007
Department of Health
and Human Services
Fiscal Year 2008
Budget (Full
Committee).
110-3 The Fiscal Year 2008 February 8, 2007
Budget Request for the
U.S. Department of
Energy (Full
Committee).
110-4 Addressing Climate February 8, 2007
Change: Views from
Private Sector Panels
(Subcommittee on
Energy and Air
Quality).
110-5 The Adequacy of the FDA February 13, 2007
to Assure the Safety March 22, 2007
of the Nation's Drug
Supply (Subcommittee
on Oversight and
Investigations).
110-6 Covering the Uninsured: February 14, 2007
Through the Eyes of a March 1, 2007
Child (Subcommittee on
Health).
110-7 The Lack of Diversity February 28, 2007
in Leadership
Positions in NCAA
Collegiate Sports
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-8 The Truth in Caller ID February 28, 2007
Act (Subcommittee on
Telecommunications and
the Internet).
110-9 Review of the February 28, 2007
Administration's
Energy Proposals for
the Transportation
Sector (Subcommittee
on Energy and Air
Quality).
110-10 The Digital Future of March 1, 7, 2007
the United States April 19, 24, 2007
(Subcommittee on May 10, 2007
Telecommunications and October 2, 2007
the Internet).
110-11 Environmental March 1, 8, 2007
Protection Agency
Fiscal Year 2008
Budget Request
(Subcommittee on
Environment and
Hazardous Materials
and Subcommittee on
Energy and Air
Quality).
110-12 Carbon Capture and March 6, 2007
Sequestration: An
Overview (Subcommittee
on Energy and Air
Quality).
110-13 Exploring Options for March 6, 2007
Improving the Medicare
Physician Payment
System (Subcommittee
on Health).
110-14 Climate Change: Are March 7, 2007
Greenhouse Gas
Emissions from Human
Activities
Contributing to the
Warming of the Planet?
(Subcommittee on
Energy and Air
Quality).
110-15 The Genetic Information March 8, 2007
Nondiscrimination Act
(Subcommittee on
Health).
110-16 Combating Pretexting: March 9, 2007
H.R. 936, the
``Prevention of
Fraudulent Access to
Phone Records Act''
(Full Committee).
110-17 Post Katrina Health March 13, 2007
Care: Continuing
Concern and Immediate
Needs in the New
Orleans Region Part 1
(Subcommittee on
Oversight and
Investigations).
110-18 Oversight of the March 14, 2007
Federal Communications July 24, 2007
Commission
(Subcommittee on
Telecommunications and
the Internet).
110-19 Climate Change and March 14, 2007
Energy Security:
Perspectives from the
Automobile Industry
(Subcommittee on
Energy and Air
Quality).
110-20 Climate Change: State March 15, 2007
and Local Perspectives
(Subcommittee on
Energy and Air
Quality).
110-21 Combating Spyware: H.R. March 15, 2007
964, the ``SPY ACT''
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-22 Climate Change: March 20, 2007
Perspectives of
Utility CEOs
(Subcommittee on
Energy and Air
Quality).
110-23 Perspectives on Climate March 21, 2007
Change (Subcommittee
on Energy and Air
Quality).
110-24 Oversight of the March 22, 2007
National
Telecommunications
Information
Administration and
Innovations in
Interoperability
(Subcommittee on
Telecommunications and
the Internet).
110-25 Insuring Bright March 27, 2007
Futures: Improving
Access to Dental Care
and Providing a
Healthy Start for
Children (Subcommittee
on Health).
110-26 Climate Change: March 27, 2007
International Issues,
Engaging Developing
Countries
(Subcommittee on
Energy and Air
Quality).
110-27 The Status of the March 28, 2007
Digital Television October 17, 31, 2007
Transition
(Subcommittee on
Telecommunications the
Internet).
110-28 Climate Change: Lessons March 29, 2007
Learned from the
Existing Cap-and-Trade
Programs (Subcommittee
on Energy and Air
Quality).
110-29 Reauthorization of the April 17, 2007
Prescription Drug User
Fee Act (Subcommittee
on Health).
110-30 Medicare Program April 18, 2007
Efficiency and
Integrity
(Subcommittee on
Health).
110-31 Alternative April 18, 2007
Transportation Fuels:
An Overview
(Subcommittee on
Energy and Air
Quality).
110-32 Implementation of EPACT April 24, 2007
2005 Loan Guarantee
Programs by the
Department of Energy
(Subcommittee on
Energy and Air
Quality).
110-33 Diminished Capacity: April 24, 2007
Can the FDA Assure the July 17, 2007
Safety and Security of October 11, 2007
the Nation's Food November 13, 2007
Supply? (Subcommittee
on Oversight and
Investigations).
110-34 Living Without Health April 25, 2007
Insurance: Why Every
American Needs
Coverage (Subcommittee
on Health).
110-35 Perchlorate: Health and April 25, 2007
Environmental Impacts
of Unregulated
Exposure (Subcommittee
on Environmental and
Hazardous Materials).
110-36 Achieving-At Long Last- May 1, 2007
Appliance Efficiency
Standards
(Subcommittee on
Energy and Air
Quality).
110-37 H.R. 1014, the ``Heart May 1, 2007
Disease Education,
Analysis, Research,
and Treatment for
Women Act''
(Subcommittee on
Health).
110-38 H.R. 20, the ``Melanie May 1, 2007
Blocker-Stokes
Postpartum Depression
Research and Health
Care Act''
(Subcommittee on
Health).
110-39 H.R. 1902, the May 2, 2007
``Protecting Consumer
Access to Generic
Drugs Act of 2007''
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-40 Assessing the Impact of May 2, 2007
a Safe and Equitable
Biosimilar Policy in
the United States
(Subcommittee on
Health).
110-41 Facilitating the May 3, 2007
Transition to a Smart
Electric Grid
(Subcommittee on
Energy and Air
Quality).
110-42 Alternative Fuels: May 8, 2007
Current Status,
Proposals for New
Standards, and Related
Infrastructure Issues
(Subcommittee on
Energy and Air
Quality).
110-43 Assessing the Safety of May 9, 2007
Our Nation's Drug
Supply (Subcommittee
on Health).
110-44 Protecting Our May 15, 2007
Children: Current
Issues in Children's
Product Safety
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-45 Medicare Savings May 15, 2007
Programs and Low
Income Subsidy:
Keeping Medicare's
Promise for Seniors
and People with
Disabilities
(Subcommittee on
Health).
110-46 The 2006 Prudhoe Bay May 16, 2007
Shutdown: Will Recent
Regulatory Changes and
BP Management Reforms
Prevent Future
Failures?
(Subcommittee on
Oversight and
Investigations).
110-47 Reauthorization of the May 16, 2007
Medical Device User
Fee and Modernization
Act (Subcommittee on
Health).
110-48 H.R. , A Discussion May 17, 2007
Draft Addressing
Broadband Mapping and
Data Collection
(Subcommittee on
Telecommunications and
the Internet).
110-49 Programs Affecting May 22, 2007
Safety and Innovation
in Pediatric Therapies
(Subcommittee on
Health).
110-50 Discussion Drafts May 24, 2007
Concerning Energy
Efficiency, Smart
Electricity Grid,
Energy Policy Act of
2005 Title XVII Loan
Guarantees, and
Standby Loans for Coal-
to-Liquids Projects
(Subcommittee on
Energy and Air
Quality).
110-51 Gasoline Prices, Oil May 22, 2007
Company Profits, and
the American Consumer
(Subcommittee on
Oversight and
Investigations).
110-52 Legislation to Improve June 6, 2007
Consumer Product
Safety for Children:
H.R. 2474, H.R. 1699,
H.R. 814, H.R. 1721
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-53 Discussion Draft June 7, 2007
Concerning Alternative
Fuels, Infrastructure
and Vehicles
(Subcommittee on
Energy and Air
Quality).
110-54 H.R. 1328, the ``Indian June 7, 2007
Health Care
Improvement Act
Amendments of 2007''
(Subcommittee on
Health).
110-55 Discussion Drafts June 12, 2007
Concerning
Prescription Drug User
Fee Act
Reauthorization and
Medical Device User
Fee and Modernization
Act Reauthorization
(Subcommittee on
Health).
110-56 Poisoned Patriots: June 12, 2007
Contaminated Drinking
Water at Camp LeJeune
(Subcommittee on
Oversight and
Investigations).
110-57 H.R. 1424, the ``Paul June 15, 2007
Wellstone Mental
Health and Addiction
Equity Act of 2007''
(Subcommittee on
Health).
110-58 Images Kids See on the June 22, 2007
Screen (Subcommittee
on Telecommunications
and the Internet).
110-59 H.R. 1524, the June 22, 2007
``Mercury Export Ban
Act of 2007''
(Subcomittee on
Environment and
Hazardous Materials).
110-60 Predatory Sales June 26, 2007
Practices in Medicare
Advantage
(Subcommittee on
Oversight and
Investigations).
110-61 Wireless Innovation and July 11, 2007
Consumer Protection
(Subcommittee on
Telecommunications and
the Internet).
110-62 Post-Katrina Health August 1, 2007
Care in the New
Orleans Region:
Progress and
Continuing Concerns--
Part 2 (Subcommittee
on Oversight and
Investigations).
110-63 Nuclear Terrorism September 18, 2007
Prevention: Status
Report on the Federal
Government's
Assessment of New
Radiation Detection
Monitors (Subcommittee
on Oversight and
Investigations).
110-64 Answering the Call: September 18, 2007
Medical Monitoring and
Treatment of 9/11
Health Effects
(Subcommittee on
Health).
110-65 Protecting Children September 19, 2007
from Lead-Tainted September 20, 2007
Imports (Subcommittee
on Commerce, Trade,
and Consumer
Protection).
110-66 Issues in Emergency September 19, 2007
Communications: H.R.
3403, the ``911
Modernization and
Public Safety Act of
2007'' (Subcommittee
on Telecommunications
and the Internet).
110-67 From Imus to Industry: September 25, 2007
The Business of
Sterotypes and
Degrading Images
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-68 H.R. 3610, the ``Food September 26, 2007
and Drug Import Safety
Act'' (Subcommittee on
Health).
110-69 H.R. 1108, the ``Family October 3, 2007
Smoking and Prevention
and Tobacco Control
Act'' (Subcommittee on
Health).
110-70 Germs, Viruses, and October 4, 2007
Secrets: The Silent
Proliferation of Bio-
laboratories in the
United States
(Subcommittee on
Oversight and
Investigations).
110-71 H.R. 1103 and H.R. October 4, 2007
1055: Environmental
Justice and the Toxic
Release Inventory
Reporting Program--
Communities Have a
Right to Know
(Subcommittee on
Environment and
Hazardous Materials).
110-72 Enhancing FTC Consumer October 23, 2007
Protection in
Financial Dealings,
with Telemarketers,
and on the Internet
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-73 NASPER: Why Has the October 24, 2007
National All Schedules
Prescription
Electronic Reporting
Act Not Been
Implemented?
(Subcommittee on
Oversight and
Investigations).
110-74 FDA Foreign Drug November 1, 2007
Inspection Program: A
System at Risk
(Subcommittee on
Oversight and
Investigations).
110-75 Comprehensive November 6, 2007
Children's Product
Safety and Consumer
Product Safety
Commission Reform
Legislation
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-76 H.R. 1343, the ``Health December 4, 2007
Centers Renewal Act of
2007''; H.R. 2915, the
``National Health
Service Corps
Scholarship and Loan
Repayment Programs
Reauthorization Act of
2007''; and H.R. 4230,
the ``School-Based
Health Clinic Act of
2007'' (Subcommittee
on Health).
110-77 Oversight of the December 5, 2007
Federal Communications
Commission--Media
Ownership
(Subcommittee on
Telecommunications and
the Internet).
110-78 Energy Speculation: Is December 12, 2007
Greater Regulation
Necessary to Stop
Price Manipulation?
(Subcommittee on
Oversight and
Investigations).
110-79 Helping Families with January 16, 2008
Needed Care:
Medicaid's Critical
Role for Americans
with Disabilities
(Subcommittee on
Health).
110-80 Administration January 17, 2008
Perspectives on United
Nations Climate Change
Conference in Bali
(Subcommittee on
Energy and Air
Quality).
110-81 H.R. 1232, the January 23, 2008
``Veterinary Public
Health Workforce
Expansion Act of
2007'' (Subcommittee
on Health).
110-82 Combating Nuclear January 23, 2008
Proliferation: The
Effectiveness of the
Department of Energy's
Initiatives for
Proliferation
Prevention (IPP)
Program (Subcommittee
on Oversight and
Investigations).
110-83 Science and Mission at January 29, 2008
Risk: FDA's Self-
Assessment
(Subcommittee on
Oversight and
Investigations).
110-84 Public, Educational, January 29, 2008
and Governmental (PEG)
Services in the
Digital Age
(Subcommittee on
Telecommunications and
the Internet).
110-85 Covering Uninsured January 29, 2008
Kids: Missed
Opportunities for
Moving Forward
(Subcommittee on
Health).
110-86 Department of Energy's February 7, 2008
Fiscal Year 2009
Budget Proposal (Full
Committee).
110-87 Ketek Clinical Study February 12, 2008
Fraud: What Did
Adventis Know?
(Subcommittee on
Oversight and
Investigations).
110-88 Status of the DTV February 13, 2008
Transition: 370 Days
and Counting
(Subcommittee on
Telecommunications and
the Internet).
110-89 H.R. 3754: Authorizing February 13, 2008
Supplemental
Environmental Projects
to Incent Reductions
of Diesel Emissions
(Subcommittee on
Energy and Air
Quality).
110-90 A Review of the February 28, 2008
Department of Health
and Human Services
Fiscal Year 2009
Budget (Full
Committee).
110-91 Covering Uninsured February 26, 2008
Kids: Reversing
Progress Already Made
(Subcommittee on
Health).
110-92 Contaminated Food: February 26, 2008
Private Sector
Accountability
(Subcommittee on
Oversight and
Investigations).
110-93 Drugs in Sports: February 27, 2008
Compromising the
Health of Athletes and
Undermining the
Integrity of
Competition
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-94 Department of Commerce March 13, 2008
Fiscal Year 2009
Budget (Full
Committee).
110-95 Discussion Draft on February 27, 2008
Wireless Consumer
Protection and
Community Broadband
Empowerment
(Subcommittee on
Telecommunications and
the Internet).
110-96 S. 742, the ``Ban February 28, 2008
Asbestos in America
Act of 2007'' and
Draft Legislation to
Ban Asbestos in
Products (Subcommittee
on Environment and
Hazardous Materials).
110-97 Climate Change: March 5, 2008
Competitiveness
Concerns and Prospects
for Engaging
Developing Countries
(Subcommittee on
Energy and Air
Quality).
110-98 Competition in the March 5, 2008
Sports Programming
Marketplace
(Subcommittee on
Telecommunications and
the Internet).
110-99 Regulatory Failure: March 12, 2008
Must America Live with
Unsafe Food?
(Subcommittee on
Oversight and
Investigations).
110-100 The Role of Private March 11, 2008
Equity in the
Communications
Marketplace
(Subcommittee on
Telecommunications and
the Internet).
110-101 The Pipeline March 12, 2008
Inspection,
Protection,
Enforcement, and
Safety Act of 2006:
Implementation Review
and Discussion of
Safety Reassessment
Intervals for Natural
Gas Pipelines
(Subcommittee on
Energy and Air
Quality).
110-102 Online Virtual Worlds: April 1, 2008
Applications and
Avatars in a User-
Generated Medium
(Subcommittee on
Telecommunications and
the Internet).
110-103 Selling the Department April 3, 2008
of Energy's Depleted
Uranium Stockpile:
Opportunities and
Challenges
(Subcommittee on
Oversight and
Investigations).
110-104 H.R. 5613, the April 3, 2008
``Protecting the
Medicaid Safety Net
Act of 2008''
(Subcommittee on
Health).
110-105 Strengths and April 10, 2008
Weaknesses of
Regulating Greenhouse
Gas Emissions Using
Existing Clean Air Act
Authorities
(Subcommittee on
Energy and Air
Quality).
110-106 Oversight of the April 15, 2008
Federal Communications
Commission: The 700
Mhz Auction
(Subcommittee on
Telecommunications and
the Internet).
110-107 FDA's Foreign Drug April 22, 2008
Inspection Program:
Weaknesses Place
Americans at Risk
(Subcommittee on
Oversight and
Investigations).
110-108 Discussion Draft of the April 24, 2008
``Food and Drug
Administration
Globalization Act''--
Food Provisions
(Subcommittee on
Health).
110-109 The Heparin Disaster: April 29, 2008
Chinese Counterfeits
and American Failures
(Subcommittee on
Oversight and
Investigations).
110-110 Draft Legislation May 1, 2008
Enhancing Access to
Broadband Technology
and Services for
Persons with
Disabilities
(Subcommittee on
Telecommunications and
the Internet).
110-111 Discussion Draft of the May 1, 2008
``Food and Drug
Administration
Globalization Act''--
Drug Safety
(Subcommittee on
Health).
110-112 H.R. 5353, the May 6, 2008
``Internet Freedom
Preservation Act of
2008'' (Subcommittee
on Telecommunications
and the Internet).
110-113 The Renewable Fuels May 6, 2008
Standard: Issues,
Implementation, and
Opportunities
(Subcommittee on
Energy and Air
Quality).
110-114 Direct-to-Consumer May 8, 2008
Advertising:
Marketing, Education,
or Deception?
(Subcommittee on
Oversight and
Investigations).
110-115 Stem Cell Science: The May 8, 2008
Foundation for Future
Cures (Subcommittee on
Health).
110-116 In the Hands of May 15, 2008
Strangers: Are Nursing
Home Safeguards
Working? (Subcommittee
on Oversight and
Investigations).
110-117 Discussion Draft of the May 14, 2008
``Food and Drug
Administration
Globalization Act''--
Device and Cosmetic
Safety Provisions
(Subcommittee on
Health).
110-118 H.R. 5998, the May 15, 2008
``Protecting
Children's Health
Coverage Act of 2008''
(Subcommittee on
Health).
110-119 H.R. 5632, To Prohibit May 20, 2008
the Importation of
Certain Low-Level
Radioactive Waste Into
the United States
(Subcommittee on
Energy and Air
Quality).
110-120 Germs, Viruses, and May 22, 2008
Secrets: Government
Plans to Move Exotic
Disease Research to
the Mainland United
States (Subcommittee
on Oversight and
Investigations).
110-121 H.R. 1157, the ``Breast May 21, 2008
Cancer and
Environmental Research
Act of 2007''; and
H.R. 758, the ``Breast
Cancer Patient
Protection Act of
2007'' (Subcommittee
on Health).
110-122 Discussion Draft of June 4, 2008
Health Information
Technology and Privacy
Legislation
(Subcommittee on
Health).
110-123 Committee Prints on June 5, 2008
Administration
Legislative Proposals
on the Animal Drug
User Fee Act
Amendments of 2008 and
the Animal Generic
Drug User Fee Act of
2008 (Subcommittee on
Health.
110-124 Status of the DTV June 10, 2008
Transition: 252 Days
and Counting
(Subcommittee on
Telecommunications and
the Internet).
110-125 Safety of Phthalates June 10, 2008
and Bisphenol-A in
Everyday Consumer
Products (Subcommittee
on Commerce, Trade,
and Consumer
Protection).
110-126 American Lives Still at June 12, 2008
Risk: When Will FDA's
Food Protection Plan
Be Fully Funded and
Implemented?
(Subcommittee on
Oversight and
Investigations).
110-127 H.R. 5533, the June 12, 2008
``Chemical Facilities
Act of 2008'', H.R.
5577, the ``Chemical
Facility Anti-
Terrorism Act of
2008'' (Subcommittee
on Environment and
Hazardous Materials).
110-128 Energy Speculation: Is June 23, 2008
Greater Regulation
Necessary to Stop
Price Manipulation?
Part 2 (Subcommittee
on Oversight and
Investigations).
110-129 Breeding, Drugs, and June 19, 2008
Breakdowns: The State
of Thoroughbred
Horseracing and the
Welfare of the
Thoroughbred Racehorse
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-130 Legislative Proposals June 19, 2008
to Reduce Greenhouse
Gas Emissions: An
Overview (Subcommittee
on Energy and Air
Quality).
110-131 The Future of Universal June 24, 2008
Service: To Whom, By
Whom, For What, and
How Much?
(Subcommittee on
Telecommunications and
the Internet).
110-132 H.R. 3014, the ``Health June 24, 2008
Equity and
Accountability Act of
2007'' (Subcommittee
on Health).
110-133 Climate Change: Costs June 26, 2008
of Inaction
(Subcommittee on
Energy and Air
Quality).
110-134 H.R. 6258, The Carbon July 10, 2008
Capture and Storage
Early Deployment Act
(Subcommittee on
Energy and Air
Quality).
110-135 Next Steps Toward July 15, 2008
Permanent Nuclear
Waste Disposal
(Subcommittee on
Energy and Air
Quality).
110-136 Climate Benefits of July 17, 2008
Improved Building
Energy Efficiency
(Subcommittee on
Energy and Air
Quality).
110-137 What Your Broadband July 17, 2008
Provider Knows About
Your Web Use: Deep
Packet Inspection and
Communications Laws
and Policies
(Subcommittee on
Telecommunications and
the Internet).
110-138 Issues in July 22, 2008
Telecommunications
Competition
(Subcommittee on
Telecommunications and
the Internet).
110-139 H.R. 5268, State Fiscal July 22, 2008
Relief in an Economic
Downturn (Subcommittee
on Health).
110-140 Long-Term Care July 24, 2008
Insurance: Are
Consumers Protected
for the Long Term?
(Subcommittee on
Oversight and
Investigations).
110-141 Carbon Sequestration: July 24, 2008
Risks, Opportunities,
and Protection of
Drinking Water
(Subcommittee on
Environment and
Hazardous Materials).
110-142 The Recent Salmonella July 31, 2008
Outbreak: Lessons
Learned and
Consequences to
Industry and Public
Health (Subcommittee
on Oversight and
Investigations).
110-143 H.R. 6594, the ``James July 31, 2008
Zadroga 9/11 Health
and Compensation Act
of 2008''
(Subcommittee on
Health).
110-144 NIH Reform Act of 2006: September 9, 2008
Progress, Challenges,
and Next Steps
(Subcommittee on
Health).
110-145 Protecting the Electric September 11, 2008
Grid from Cyber-
Security Threats
(Subcommittee on
Energy and Air
Quality).
110-146 Economic and Security September 11, 2008
Concerns in Tourism
and Commerce: H.R.
3232 and H.R. 1776
(Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-147 H.R. 3402, the September 16, 2008
``Calling Card
Consumer Protection
Act'' (Subcommittee on
Commerce, Trade, and
Consumer Protection).
110-148 Status of the DTV September 16, 2008
Transition: 154 Days
and Counting
(Subcommittee on
Telecommunications and
the Internet).
110-149 Science Under Siege: September 18, 2008
Scientific Integrity
at the Environmental
Protection Agency
(Subcommittee on
Oversight and
Investigations).
110-150 America's Need for September 18, 2008
Health Reform
(Subcommittee on
Health).
110-151 Hazardous Substance September 24, 2008
Releases and Reporting
Under the
Comprehensive
Environmental
Response,
Compensation, and
Liability Act of 1980
(CERCLA) and the
Emergency Planning and
Community Right-to-
Know Act of 1986
(EPCRA).
110-152 A Review of Continuing September 25, 2008
Security Concerns at
DOE's National Labs
(Subcommittee on
Oversight and
Investigations).
110-153 Treatments for an November 13, 2008
Ailing Economy:
Protecting Health Care
Coverage and Investing
in Biomedical Research
(Subcommittee on
Health).
------------------------------------------------------------------------
PART B
Committee Prints
The Committee on Energy and Commerce did not publish any
committee prints during the 110th Congress.