[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.

                                  
