[House Report 111-706]
[From the U.S. Government Publishing Office]


111th Congress 
 2d Session             HOUSE OF REPRESENTATIVES                 Report
                                                                111-706
_______________________________________________________________________

                                     

                                                 Union Calendar No. 429


                         REPORT ON THE ACTIVITY

                                 of the

                    COMMITTEE ON ENERGY AND COMMERCE

                                for the

                     ONE HUNDRED ELEVENTH CONGRESS






January 3, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed


                         LETTER OF TRANSMITTAL

                              ----------                              

                          House of Representatives,
                          Committee on Energy and Commerce,
                                   Washington, DC, January 3, 2011.
Hon. Lorraine C. Miller,
Clerk, House of Representatives,
Washington, DC.
    Dear Ms. Miller: Pursuant to clause 1(d) of rule XI of the 
Rules of the House of Representatives, I present herewith a 
report on the activity of the Committee on Energy and Commerce 
for the 111th Congress, including the Committee's review and 
study of legislation within its jurisdiction and the oversight 
activities undertaken by the Committee.
            Sincerely,
                                           Henry A. Waxman,
                                                          Chairman.
                            C O N T E N T S

                              ----------                              
                                                                   Page
Jurisdiction.....................................................     1
Rules for the Committee..........................................     3
Members and Organization.........................................    13
Committee Staff..................................................    20
Legislative and Oversight Summary................................    23
Subcommittee on Commerce, Trade, and Consumer Protection.........    29
Subcommittee on Communications, Technology, and the Internet.....    61
Subcommittee on Energy and Environment...........................    87
Subcommittee on Health...........................................   127
Subcommittee on Oversight and Investigations.....................   215
Appendix I--Oversight Plan for the 111th Congress................   241
Appendix II--Statistical Summary of Activity.....................   249
Appendix III--Public Laws........................................   251
Appendix IV--Publications of the Committee.......................   253


                                                 Union Calendar No. 429
111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-706

======================================================================



 
REPORT ON THE ACTIVITY OF THE COMMITTEE ON ENERGY AND COMMERCE FOR THE 
                             111TH CONGRESS

                                _______
                                

January 3, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Waxman, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

    ACTIVITY OF THE COMMITTEE ON ENERGY AND COMMERCE, 111TH CONGRESS


                         Committee Jurisdiction

    The jurisdiction of the Committee on Energy and Commerce, 
as prescribed by clause 1(f) of rule X of the Rules of the 
House of Representatives in the 111th Congress, is as follows:
    (1) Biomedical research and development.
    (2) Consumer affairs and consumer protection.
    (3) Health and health facilities (except health care 
supported by payroll deductions).
    (4) Interstate energy compacts.
    (5) Interstate and foreign commerce generally.
    (6) Exploration, production, storage, supply, marketing, 
pricing, and regulation of energy resources, including all 
fossil fuels, solar energy, and other unconventional or 
renewable energy resources.
    (7) Conservation of energy resources.
    (8) Energy information generally.
    (9) The generation and marketing of power (except by 
federally chartered or Federal regional power marketing 
authorities); reliability and interstate transmission of, and 
ratemaking for, all power; and siting of generation facilities 
(except the installation of interconnections between Government 
waterpower projects).
    (10) General management of the Department of Energy and 
management and all functions of the Federal Energy Regulatory 
Commission.
    (11) National energy policy generally.
    (12) Public health and quarantine.
    (13) Regulation of the domestic nuclear energy industry, 
including regulation of research and development reactors and 
nuclear regulatory research.
    (14) Regulation of interstate and foreign communications.
    (15) Travel and tourism.
    The committee shall have the same jurisdiction with respect 
to regulation of nuclear facilities and of use of nuclear 
energy as it has with respect to regulation of non-nuclear 
facilities and of use of non-nuclear energy.
    In addition, clause 3(e) of Rule X of the Rules of the 
House of Representatives provides that the Committee on Energy 
and Commerce shall review and study on a continuing basis laws, 
programs, and Government activities relating to nuclear and 
other energy and nonmilitary nuclear energy research and 
development including the disposal of nuclear waste.
     RULES FOR THE COMMITTEE ON ENERGY AND COMMERCE, U.S. HOUSE OF 
                    REPRESENTATIVES, 111TH CONGRESS

                       (Adopted January 14, 2009)

                      Rule 1.--General Provisions

    (a) Rules of the Committee.--The Rules of the House are the 
rules of the Committee on Energy and Commerce (hereinafter 
``the Committee'') and its subcommittees so far as is 
applicable.
    (b) Rules of the Subcommittees.--Each subcommittee of the 
Committee is part of the Committee and is subject to the 
authority and direction of the Committee and to its rules so 
far as applicable. Written rules adopted by the Committee, not 
inconsistent with the Rules of the House, shall be binding on 
each subcommittee of the Committee.

                           Rule 2.--Meetings

    (a) Regular Meeting Days.--The Committee shall meet on the 
fourth Tuesday of each month at 10 a.m., for the consideration 
of bills, resolutions, and other business, if the House is in 
session on that day. If the House is not in session on that day 
and the Committee has not met during such month, the Committee 
shall meet at the earliest practicable opportunity when the 
House is again in session. The chairman of the Committee may, 
at his discretion, cancel, delay, or defer any meeting required 
under this section, after consultation with the ranking 
minority member.
    (b) Additional Meetings.--The chairman may call and 
convene, as he considers necessary, additional meetings of the 
Committee for the consideration of any bill or resolution 
pending before the Committee or for the conduct of other 
Committee business. The Committee shall meet for such purposes 
pursuant to that call of the chairman.
    (c) Notice.--The date, time, place, and subject matter of 
any meeting of the Committee or its subcommittees scheduled on 
a Tuesday, Wednesday, or Thursday when the House will be in 
session shall be announced at least 36 hours (exclusive of 
Saturdays, Sundays, and legal holidays except when the House is 
in session on such days) in advance of the commencement of such 
meeting. The date, time, place, and subject matter of other 
meetings shall be announced at least 72 hours in advance of the 
commencement of such meeting.
    (d) Agenda.--The agenda for each Committee or subcommittee 
meeting, setting out all items of business to be considered, 
shall be provided to each member of the Committee at least 36 
hours in advance of such meeting.
    (e) Availability of Texts.--No bill, recommendation, or 
other matter reported by a subcommittee shall be considered by 
the Committee unless the text of the matter reported, together 
with an explanation, has been available to members of the 
Committee for at least 36 hours. Such explanation shall include 
a summary of the major provisions of the legislation, an 
explanation of the relationship of the matter to present law, 
and a summary of the need for the legislation.
    (f) Waiver.--The requirements of subsections (c), (d), and 
(e) may be waived by a majority of those present and voting (a 
majority being present) of the Committee or subcommittee, or by 
the chairman with the concurrence of the ranking member, as the 
case may be.

                           Rule 3.--Hearings

    (a) Notice.--The date, time, place, and subject matter of 
any hearing of the Committee or any of its subcommittees shall 
be announced at least one week in advance of the commencement 
of such hearing, unless a determination is made in accordance 
with clause 2(g)(3) of Rule XI of the Rules of the House that 
there is good cause to begin the hearing sooner.
    (b) Memorandum.--Each member of the Committee or 
subcommittee shall be provided, except in the case of unusual 
circumstances, with a memorandum at least 48 hours before each 
hearing explaining (1) the purpose of the hearing and (2) the 
names of any witnesses.
    (c) Witnesses.--(1) Each witness who is to appear before 
the Committee or a subcommittee shall file with the clerk of 
the Committee, at least two working days in advance of his or 
her appearance, sufficient copies, as determined by the 
chairman of the Committee or a subcommittee, of a written 
statement of his or her proposed testimony to provide to 
members and staff of the Committee or subcommittee, the news 
media, and the general public. Each witness shall, to the 
greatest extent practicable, also provide a copy of such 
written testimony in an electronic format prescribed by the 
chairman. Each witness shall limit his or her oral presentation 
to a brief summary of the argument. The chairman of the 
Committee or of a subcommittee, or the presiding member, may 
waive the requirements of this paragraph or any part thereof.
    (2) To the greatest extent practicable, the written 
testimony of each witness appearing in a nongovernmental 
capacity shall include a curriculum vitae and a disclosure of 
the amount and source (by agency and program) of any federal 
grant (or subgrant thereof) or contract (or subcontract 
thereof) received during the current fiscal year or either of 
the two preceding fiscal years by the witness or by an entity 
represented by the witness.
    (d) Questioning.--(1) The right to interrogate the 
witnesses before the Committee or any of its subcommittees 
shall alternate between majority and minority members. Each 
member shall be limited to 5 minutes in the interrogation of 
witnesses until such time as each member who so desires has had 
an opportunity to question witnesses. No member shall be 
recognized for a second period of 5 minutes to interrogate a 
witness until each member of the Committee or subcommittee 
present has been recognized once for that purpose. While the 
Committee or subcommittee is operating under the 5 minute rule 
for the interrogation of witnesses, the chairman shall 
recognize in order of appearance members who were not present 
when the meeting was called to order after all members who were 
present when the meeting was called to order have been 
recognized in the order of seniority on the Committee or 
subcommittee, as the case may be.
    (2) The chairman with the concurrence of the ranking 
minority member, or the Committee by motion, may permit an 
equal number of majority and minority members to question a 
witness for a specified, total period that is equal for each 
side and not longer than thirty minutes for each side. The 
chairman with the concurrence of the ranking minority member, 
or the Committee by motion, may also permit committee staff of 
the majority and minority to question a witness for a 
specified, total period that is equal for each side and not 
longer than thirty minutes for each side.
    (3) Each member may submit to the chairman of the Committee 
or the subcommittee additional questions for the record, to be 
answered by the witnesses who have appeared. Each member shall 
provide a copy of the questions in an electronic format to the 
clerk of the Committee no later than ten business days 
following a hearing. The chairman shall transmit all questions 
received from members of the Committee or the subcommittee to 
the appropriate witness and include the transmittal letter and 
the responses from the witnesses in the hearing record.

                Rule 4.--Vice Chairmen; Presiding Member

    The chairman shall designate a member of the majority party 
to serve as vice chairman of the Committee, and shall designate 
a majority member of each subcommittee to serve as vice 
chairman of each subcommittee. The vice chairman of the 
Committee or subcommittee, as the case may be, shall preside at 
any meeting or hearing during the temporary absence of the 
chairman. If the chairman and vice chairman of the Committee or 
subcommittee are not present at any meeting or hearing, the 
ranking member of the majority party who is present shall 
preside at the meeting or hearing.

                       Rule 5.--Open Proceedings

    Except as provided by the Rules of the House, each meeting 
and hearing of the Committee or any of its subcommittees for 
the transaction of business, including the markup of 
legislation, and each hearing, shall be open to the public, 
including to radio, television, and still photography coverage, 
consistent with the provisions of Rule XI of the Rules of the 
House.

                            Rule 6.--Quorum

    Testimony may be taken and evidence received at any hearing 
at which there are present not fewer than two members of the 
Committee or subcommittee in question. A majority of the 
members of the Committee or subcommittee shall constitute a 
quorum for those actions for which the House rules require a 
majority quorum. For the purposes of taking any other action, 
one-third of the members of the Committee or subcommittee shall 
constitute a quorum.

                  Rule 7.--Official Committee Records

    (a)(1) Journal.--The proceedings of the Committee and its 
subcommittees shall be recorded in a journal which shall, among 
other things, show those present at each meeting, and include a 
record of the vote on any question on which a record vote is 
demanded and a description of the amendment, motion, order, or 
other proposition voted. A copy of the journal shall be 
furnished to the ranking minority member.
    (2) Record Votes.--A record vote may be demanded by one-
fifth of the members present or, in the apparent absence of a 
quorum, by any one member. No demand for a record vote shall be 
made or obtained except for the purpose of procuring a record 
vote or in the apparent absence of a quorum. The result of each 
record vote in any meeting of the Committee and its 
subcommittees shall be made available in the Committee office 
for inspection by the public, as provided in Rule XI, clause 
2(e) of the Rules of the House. The Chairman also shall make 
the record of the votes on any question on which a record vote 
is demanded available on the Committee's website not later than 
2 business days after such vote is taken. Such record shall 
include a description of the amendment, motion, order, or other 
proposition, the name of each member voting for and each member 
voting against such amendment, motion, order, or proposition, 
and the names of those members of the committee present but not 
voting.
    (b) Archived Records.--The records of the Committee at the 
National Archives and Records Administration shall be made 
available for public use in accordance with Rule VII of the 
Rules of the House. The chairman shall notify the ranking 
minority member of any decision, pursuant to clause 3(b)(3) or 
clause 4(b) of the Rule, to withhold a record otherwise 
available, and the matter shall be presented to the Committee 
for a determination on the written request of any member of the 
Committee. The chairman shall consult with the ranking minority 
member on any communication from the Archivist of the United 
States or the Clerk of the House concerning the disposition of 
noncurrent records pursuant to clause 3(b) of the Rule.

                         Rule 8.--Subcommittees

    (a) Establishment.--There shall be such standing 
subcommittees with such jurisdiction and size as determined by 
the majority party caucus of the Committee. The jurisdiction, 
number, and size of the subcommittees shall be determined by 
the majority party caucus prior to the start of the process for 
establishing subcommittee chairmanships and assignments.
    (b) Powers and Duties.--Each subcommittee is authorized to 
meet, hold hearings, receive testimony, mark up legislation, 
and report to the Committee on all matters referred to it. 
Subcommittee chairmen shall set hearing and meeting dates only 
with the approval of the chairman of the Committee with a view 
toward assuring the availability of meeting rooms and avoiding 
simultaneous scheduling of Committee and subcommittee meetings 
or hearings whenever possible.
    (c) Ratio of Subcommittees.--The majority caucus of the 
Committee shall determine an appropriate ratio of majority to 
minority party members for each subcommittee and the chairman 
shall negotiate that ratio with the minority party, provided 
that the ratio of party members on each subcommittee shall be 
no less favorable to the majority than that of the full 
Committee, nor shall such ratio provide for a majority of less 
than two majority members.
    (d) Selection of Subcommittee Members.--Prior to any 
organizational meeting held by the Committee, the majority and 
minority caucuses shall select their respective members of the 
standing subcommittees.
    (e) Ex Officio Members.--The chairman and ranking minority 
member of the Committee shall be ex officio members with voting 
privileges of each subcommittee of which they are not assigned 
as members and may be counted for purposes of establishing a 
quorum in such subcommittees. The chairman emeritus shall be an 
ex officio member without voting privileges of each 
subcommittee of which the chairman emeritus is not assigned as 
a member and may not be counted for purposes of establishing a 
quorum on any such subcommittee.
    (f) Subcommittee on Witness Inquiry.--There shall also be 
established a Subcommittee on Witness Inquiry that may examine 
witnesses in executive session pursuant to House Rule XI, 
clause 2(g)(2) and 2(k)(5). The subcommittee shall be comprised 
of two members of the majority party appointed at the 
discretion of the chairman and one member of the minority party 
appointed at the discretion of the ranking minority member. 
Subsections (a), (b), (c), (d), and (e) shall not apply to the 
Subcommittee.

                      Rule 9.--Opening Statements

    (a) Written Statements.--All written opening statements at 
business meetings conducted by the committee or any of its 
subcommittees shall be made part of the permanent record.
    (b) Length.--Statements shall be limited to 5 minutes each 
for the chairman and ranking minority member (or their 
respective designee) of the Committee or subcommittee, as 
applicable, and 3 minutes each for all other members. At any 
business meeting of the full Committee, the chairman may limit 
opening statements for Members (including, at the discretion of 
the Chairman, the chairman and ranking minority member) to one 
minute.

          Rule 10.--Reference of Legislation and Other Matters

    All legislation and other matters referred to the Committee 
shall be referred to the subcommittee of appropriate 
jurisdiction within two weeks of the date of receipt by the 
Committee unless action is taken by the full Committee within 
those two weeks, or by majority vote of the members of the 
Committee, consideration is to be by the full Committee. In the 
case of legislation or other matter within the jurisdiction of 
more than one subcommittee, the chairman of the Committee may, 
in his discretion, refer the matter simultaneously to two or 
more subcommittees for concurrent consideration, or may 
designate a subcommittee of primary jurisdiction and also refer 
the matter to one or more additional subcommittees for 
consideration in sequence (subject to appropriate time 
limitations), either on its initial referral or after the 
matter has been reported by the subcommittee of primary 
jurisdiction. Such authority shall include the authority to 
refer such legislation or matter to an ad hoc subcommittee 
appointed by the chairman, with the approval of the Committee, 
from the members of the subcommittees having legislative or 
oversight jurisdiction.

           Rule 11.--Managing Legislation on the House Floor

    The chairman, in his discretion, shall designate which 
member shall manage legislation reported by the Committee to 
the House.

    Rule 12.--Committee Professional and Clerical Staff Appointments

    (a) Delegation of Staff.--Whenever the chairman of the 
Committee determines that any professional staff member 
appointed pursuant to the provisions of clause 9 of Rule X of 
the House of Representatives, who is assigned to such chairman 
and not to the ranking minority member, by reason of such 
professional staff member's expertise or qualifications will be 
of assistance to one or more subcommittees in carrying out 
their assigned responsibilities, he may delegate such member to 
such subcommittees for such purpose. A delegation of a member 
of the professional staff pursuant to this subsection shall be 
made after consultation with subcommittee chairmen and with the 
approval of the subcommittee chairman or chairmen involved.
    (b) Minority Professional Staff.--Professional staff 
members appointed pursuant to clause 9 of Rule X of the House 
of Representatives, who are assigned to the ranking minority 
member of the Committee and not to the chairman of the 
Committee, shall be assigned to such Committee business as the 
minority party members of the Committee consider advisable.
    (c) Additional Staff Appointments.--In addition to the 
professional staff appointed pursuant to clause 9 of Rule X of 
the House of Representatives, the chairman of the Committee 
shall be entitled to make such appointments to the professional 
and clerical staff of the Committee as may be provided within 
the budget approved for such purposes by the Committee. Such 
appointee shall be assigned to such business of the full 
Committee as the chairman of the Committee considers advisable.
    (d) Sufficient Staff.--The chairman shall ensure that 
sufficient staff is made available to each subcommittee to 
carry out its responsibilities under the rules of the 
Committee.
    (e) Fair Treatment of Minority Members in Appointment of 
Committee Staff.--The chairman shall ensure that the minority 
members of the Committee are treated fairly in appointment of 
Committee staff.
    (f) Contracts for Temporary or Intermittent Services.--Any 
contract for the temporary services or intermittent service of 
individual consultants or organizations to make studies or 
advise the Committee or its subcommittees with respect to any 
matter within their jurisdiction shall be deemed to have been 
approved by a majority of the members of the Committee if 
approved by the chairman and ranking minority member of the 
Committee. Such approval shall not be deemed to have been given 
if at least one-third of the members of the Committee request 
in writing that the Committee formally act on such a contract, 
if the request is made within 10 days after the latest date on 
which such chairman or chairmen, and such ranking minority 
member or members, approve such contract.

                 Rule 13.--Supervision, Duties of Staff

    (a) Supervision of Majority Staff.--The professional and 
clerical staff of the Committee not assigned to the minority 
shall be under the supervision and direction of the chairman 
who, in consultation with the chairmen of the subcommittees, 
shall establish and assign the duties and responsibilities of 
such staff members and delegate such authority as he determines 
appropriate.
    (b) Supervision of Minority Staff.--The professional and 
clerical staff assigned to the minority shall be under the 
supervision and direction of the minority members of the 
Committee, who may delegate such authority as they determine 
appropriate.

                       Rule 14.--Committee Budget

    (a) Preparation of Committee Budget.--The chairman of the 
Committee, after consultation with the ranking minority member 
of the Committee and the chairmen of the subcommittees, shall 
for the 111th Congress prepare a preliminary budget for the 
Committee, with such budget including necessary amounts for 
professional and clerical staff, travel, investigations, 
equipment and miscellaneous expenses of the Committee and the 
subcommittees, and which shall be adequate to fully discharge 
the Committee's responsibilities for legislation and oversight. 
Such budget shall be presented by the chairman to the majority 
party caucus of the Committee and thereafter to the full 
Committee for its approval.
    (b) Approval of the Committee Budget.--The chairman shall 
take whatever action is necessary to have the budget as finally 
approved by the Committee duly authorized by the House. No 
proposed Committee budget may be submitted to the Committee on 
House Administration unless it has been presented to and 
approved by the majority party caucus and thereafter by the 
full Committee. The chairman of the Committee may authorize all 
necessary expenses in accordance with these rules and within 
the limits of the Committee's budget as approved by the House.
    (c) Monthly Expenditures Report.--Committee members shall 
be furnished a copy of each monthly report, prepared by the 
chairman for the Committee on House Administration, which shows 
expenditures made during the reporting period and cumulative 
for the year by the Committee and subcommittees, anticipated 
expenditures for the projected Committee program, and detailed 
information on travel.

              Rule 15.--Broadcasting of Committee Hearings

    Any meeting or hearing that is open to the public may be 
covered in whole or in part by radio or television or still 
photography, subject to the requirements of clause 4 of Rule XI 
of the Rules of the House. The coverage of any hearing or other 
proceeding of the Committee or any subcommittee thereof by 
television, radio, or still photography shall be under the 
direct supervision of the chairman of the Committee, the 
subcommittee chairman, or other member of the Committee 
presiding at such hearing or other proceeding and may be 
terminated by such member in accordance with the Rules of the 
House.

                          Rule 16.--Subpoenas

    The chairman of the Committee may, after consultation with 
the ranking minority member, authorize and issue a subpoena 
under clause 2(m) of Rule XI of the House. If the ranking 
minority member objects to the proposed subpoena in writing, 
the matter shall be referred to the Committee for resolution. 
The chairman of the Committee may authorize and issue subpoenas 
without referring the matter to the Committee for resolution 
during any period for which the House has adjourned for a 
period in excess of 3 days when, in the opinion of the 
chairman, authorization and issuance of the subpoena is 
necessary. The chairman shall report to the members of the 
Committee on the authorization and issuance of a subpoena 
during the recess period as soon as practicable but in no event 
later than one week after service of such subpoena.

                 Rule 17.--Travel of Members and Staff

    (a) Approval of Travel.--Consistent with the primary 
expense resolution and such additional expense resolutions as 
may have been approved, travel to be reimbursed from funds set 
aside for the Committee for any member or any staff member 
shall be paid only upon the prior authorization of the 
chairman. Travel may be authorized by the chairman for any 
member and any staff member in connection with the attendance 
of hearings conducted by the Committee or any subcommittee 
thereof and meetings, conferences, and investigations which 
involve activities or subject matter under the general 
jurisdiction of the Committee. Before such authorization is 
given there shall be submitted to the chairman in writing the 
following: (1) the purpose of the travel; (2) the dates during 
which the travel is to be made and the date or dates of the 
event for which the travel is being made; (3) the location of 
the event for which the travel is to be made; and (4) the names 
of members and staff seeking authorization.
    (b) Approval of Travel by Minority Members and Staff.--In 
the case of travel by minority party members and minority party 
professional staff for the purpose set out in (a), the prior 
approval, not only of the chairman but also of the ranking 
minority member, shall be required. Such prior authorization 
shall be given by the chairman only upon the representation by 
the ranking minority member in writing setting forth those 
items enumerated in (1), (2), (3), and (4) of paragraph (a).

                                Rule 18.

    The chairman shall maintain an official Committee website 
for the purposes of furthering the Committee's legislative and 
oversight responsibilities, including communicating information 
about the Committee's activities to Committee members and other 
members of the House. The ranking minority member may maintain 
an official website for the purpose of carrying out official 
responsibilities, including communicating information about the 
activities of the minority members of the Committee to 
Committee members and other members of the House.

                                Rule 19.

    The chairman of the Committee is directed to offer a motion 
under clause 1 of Rule XXII of the Rules of the House whenever 
the chairman considers it appropriate.
  MEMBERSHIP AND ORGANIZATION OF THE COMMITTEE ON ENERGY AND COMMERCE

                     One Hundred Eleventh Congress
                    Committee on Energy And Commerce

           (Ratio 36-23)

   HENRY A. WAXMAN, California, 
             Chairman 

JOE BARTON, Texas, Ranking Member    JOHN D. DINGELL, Michigan, 
RALPH M. HALL, Texas                 Chairman Emeritus 
FRED UPTON, Michigan                 EDWARD J. MARKEY, Massachusetts
CLIFF STEARNS, Florida               RICK BOUCHER, Virginia
NATHAN DEAL, Georgia                 FRANK PALLONE, Jr., New Jersey
ED WHITFIELD, Kentucky               BART GORDON, Tennessee
JOHN SHIMKUS, Illinois               BOBBY L. RUSH, Illinois
JOHN B. SHADEGG, Arizona             ANNA G. ESHOO, California
ROY BLUNT, Missouri, Deputy Ranking MemberSTUPAK, Michigan
STEVE BUYER, Indiana                 ELIOT L. ENGEL, New York
GEORGE RADANOVICH, California        GENE GREEN, Texas
JOSEPH R. PITTS, Pennsylvania        DIANA DeGETTE, Colorado, Vice 
MARY BONO MACK, California           Chairman 
GREG WALDEN, Oregon                  LOIS CAPPS, California
LEE TERRY, Nebraska                  MIKE DOYLE, Pennsylvania
MIKE ROGERS, Michigan                JANE HARMAN, California
SUE WILKINS MYRICK, North Carolina   JAN SCHAKOWSKY, Illinois
JOHN SULLIVAN, Oklahoma              CHARLES A. GONZALEZ, Texas
TIM MURPHY, Pennsylvania             JAY INSLEE, Washington
MICHAEL C. BURGESS, Texas            TAMMY BALDWIN, Wisconsin
MARSHA BLACKBURN, Tennessee          MIKE ROSS, Arkansas
PHIL GINGREY, Georgia                ANTHONY D. WEINER, New York
STEVE SCALISE, Louisiana             JIM MATHESON, Utah
PARKER GRIFFITH, Alabama             G.K. BUTTERFIELD, North Carolina
ROBERT E. LATTA, Ohio                CHARLIE MELANCON, Louisiana
                                     JOHN BARROW, Georgia
                                     BARON P. HILL, Indiana
                                     DORIS O. MATSUI, California
                                     DONNA M. CHRISTENSEN, Virgin 
                                     Islands
                                     KATHY CASTOR, Florida
                                     JOHN P. SARBANES, Maryland
                                     CHRISTOPHER S. MURPHY, Connecticut
                                     ZACHARY T. SPACE, Ohio
                                     JERRY McNERNEY, California
                                     BETTY SUTTON, Ohio
                                     BRUCE L. BRALEY, Iowa
                                     PETER WELCH, Vermont

               SUBCOMMITTEE MEMBERSHIPS AND JURISDICTION

(RATIOS DO NOT INCLUDE EX-OFFICIO 
             MEMBERS)

        Subcommittee on Commerce, Trade, and Consumer Protection

           (Ratio 18-11)

 BOBBY L. RUSH, Illinois, Chairman

                                     JAN SCHAKOWSKY, Illinois
                                       Vice Chairman 
                                     JOHN P. SARBANES, Maryland
                                     BETTY SUTTON, Ohio
                                     FRANK PALLONE, Jr., New Jersey
                                     BART GORDON, Tennessee
                                     BART STUPAK, Michigan
                                     LEE TERRY, Nebraska
                                     GENE GREEN, Texas
                                     CHARLES A. GONZALEZ, Texas
                                     ANTHONY D. WEINER, New York
                                     JIM MATHESON, Utah
                                     G. K. BUTTERFIELD, North Carolina
                                     JOHN BARROW, Georgia
                                     DORIS O. MATSUI, California
                                     KATHY CASTOR, Florida
                                     ZACHARY T. SPACE, Ohio
                                     BRUCE L. BRALEY, Iowa
                                     DIANA DeGETTE, Colorado
                                     JOHN D. DINGELL, Michigan (Ex 
                                     Officio-non-voting)
                                     HENRY A. WAXMAN, California (Ex 
                                     Officio)

ED WHITFIELD, Kentucky
   Ranking Member
GEORGE RADANOVICH, California
CLIFF STEARNS, Florida
JOSEPH R. PITTS, Pennsylvania
MARY BONO MACK, California
SUE WILKINS MYRICK, North Carolina
TIM MURPHY, Pennsylvania
PHIL GINGREY, Georgia
STEVE SCALISE, Louisiana
ROBERT E. LATTA, Ohio
JOE BARTON, Texas, (Ex Officio)

Jurisdiction: Interstate and foreign commerce, including all trade 
matters within the jurisdiction of the full committee; regulation of 
commercial practices (the FTC), including sports-related matters; 
consumer affairs and consumer protection, including privacy matters 
generally; consumer product safety (the CPSC); and product liability; 
and motor vehicle safety; regulation of travel, tourism, and time; and 
toxic substances and noise pollution.

      Subcommittee on Communications, Technology, and the Internet

           (Ratio 21-13)

 RICK BOUCHER, Virginia, Chairman

CLIFF STEARNS, Florida, Ranking MemberDWARD J. MARKEY, Massachusetts
FRED UPTON, Michigan                 BART GORDON, Tennessee
NATHAN DEAL, Georgia                 BOBBY L. RUSH, Illinois
JOHN SHIMKUS, Illinois               ANNA G. ESHOO, California
JOHN B. SHADEGG, Arizona             BART STUPAK, Michigan
ROY BLUNT, Missouri                  DIANA DeGETTE, Colorado
STEVE BUYER, Indiana                 MIKE DOYLE, Pennsylvania
GEORGE RADANOVICH, California        JAY INSLEE, Washington
MARY BONO MACK, California           ANTHONY D. WEINER, New York
GREG WALDEN, Oregon                    Vice Chairman
LEE TERRY, Nebraska                  G.K. BUTTERFIELD, North Carolina
MIKE ROGERS, Michigan                CHARLIE MELANCON, Louisiana
MARSHA BLACKBURN, Tennessee          BARON P. HILL, Indiana
PARKER GRIFFITH, Alabama             DORIS O. MATSUI, California
ROBERT E. LATTA, Ohio                DONNA M. CHRISTENSEN, Virgin 
JOE BARTON, Texas (Ex Officio)       Islands
                                     KATHY CASTOR, Florida
                                     CHRISTOPHER S. MURPHY, Connecticut
                                     ZACHARY T. SPACE, Ohio
                                     JERRY McNERNEY, California
                                     PETER WELCH, Vermont
                                     JOHN D. DINGELL, Michigan
                                     HENRY A. WAXMAN, California
                                       (Ex Officio)

Jurisdiction: Interstate and foreign telecommunications, including but 
not limited to all telecommunication and information transmission by 
broadcast, radio, wire, microwave, satellite, or other mode.

                 Subcommittee on Energy and Environment

           (Ratio 21-13)

 EDWARD J. MARKEY, Massachusetts, 
             Chairman

FRED UPTON, Michigan, Ranking Member MIKE DOYLE, Pennsylvania
RALPH M. HALL, Texas                 JAY INSLEE, Washington
CLIFF STEARNS, Florida               G.K. BUTTERFIELD, North Carolina
ED WHITFIELD, Kentucky                 Vice Chairman
JOHN SHIMKUS, Illinois               CHARLIE MELANCON, Louisiana
JOHN B. SHADEGG, Arizona             BARON P. HILL, Indiana
ROY BLUNT, Missouri                  DORIS O. MATSUI, California
JOSEPH R. PITTS, Pennsylvania        JERRY McNERNEY, California
MARY BONO MACK, California           PETER WELCH, Vermont
JOHN SULLIVAN, Oklahoma              JOHN D. DINGELL, Michigan
MICHAEL C. BURGESS, Texas            RICK BOUCHER, Virginia
STEVE SCALISE, Louisiana             FRANK PALLONE, Jr., New Jersey
PARKER GRIFFITH, Alabama             ELIOT L. ENGEL, New York
JOE BARTON, Texas (Ex Officio)       GENE GREEN, Texas
                                     LOIS CAPPS, California
                                     JANE HARMAN, California
                                     TAMMY BALDWIN, Wisconsin
                                     MIKE ROSS, Arkansas
                                     JIM MATHESON, Utah
                                     JOHN BARROW, Georgia
                                     HENRY A. WAXMAN, California
                                       (Ex Officio)

Jurisdiction: National energy policy generally; fossil energy, 
renewable energy resources and synthetic fuels; energy conservation; 
energy information; energy regulation and utilization; utility issues 
and regulation of nuclear facilities; interstate energy compacts; 
nuclear energy and waste; Superfund, RCRA, and the Safe Drinking Water 
Act; The Clean Air Act; and, all laws, programs, and government 
activities affecting such matters.

                         Subcommittee on Health

           (Ratio 23-14)

 FRANK PALLONE, Jr., New Jersey, 
             Chairman

JOHN SHIMKUS, Illinois, Ranking MemberOHN D. DINGELL, Michigan
RALPH M. HALL, Texas                 BART GORDON, Tennessee
ED WHITFIELD, Kentucky               ANNA G. ESHOO, California
JOHN B. SHADEGG, Arizona             ELIOT L. ENGEL, New York
ROY BLUNT, Missouri                  GENE GREEN, Texas
STEVE BUYER, Indiana                 DIANA DeGETTE, Colorado
JOSEPH R. PITTS, Pennsylvania        LOIS CAPPS, California, Vice 
MIKE ROGERS, Michigan                Chairman
SUE WILKINS MYRICK, North Carolina   JAN SCHAKOWSKY, Illinois
JOHN SULLIVAN, Oklahoma              TAMMY BALDWIN, Wisconsin
TIM MURPHY, Pennsylvania             MIKE ROSS, Arkansas
MICHAEL C. BURGESS, Texas            ANTHONY D. WEINER, New York
MARSHA BLACKBURN, Tennessee          JIM MATHESON, Utah
PHIL GINGREY, Georgia                JANE HARMAN, California
JOE BARTON, Texas (Ex Officio)       CHARLES A. GONZALEZ, Texas
                                     JOHN BARROW, Georgia
                                     DONNA M. CHRISTENSEN, Virgin 
                                     Islands
                                     KATHY CASTOR, Florida
                                     JOHN P. SARBANES, Maryland
                                     CHRISTOPHER S. MURPHY, Connecticut
                                     ZACHARY T. SPACE, Ohio
                                     BETTY SUTTON, Ohio
                                     BRUCE L. BRALEY, Iowa
                                     HENRY A. WAXMAN, California
                                       (Ex Officio)

Jurisdiction: Public health and quarantine; hospital construction; 
mental health and research; biomedical programs and health protection 
in general, including Medicaid and national health insurance; food and 
drugs; and drug abuse.

              Subcommittee on Oversight and Investigations

           (Ratio 11-7)

  BART STUPAK, Michigan, Chairman

MICHAEL C. BURGESS, Texas            BRUCE L. BRALEY, Iowa,
  Ranking Member                       Vice Chairman
GEORGE RADANOVICH, California        EDWARD J. MARKEY, Massachusetts
JOHN SULLIVAN, Oklahoma              DIANA DeGETTE, Colorado
MARSHA BLACKBURN, Tennessee          MIKE DOYLE, Pennsylvania
PHIL GINGREY, Georgia                JAN SCHAKOWSKY, Illinois
PARKER GRIFFITH, Alabama             MIKE ROSS, Arkansas
ROBERT E. LATTA, Ohio                DONNA M. CHRISTENSEN, Virgin 
JOE BARTON, Texas (Ex Officio)       Islands
                                     PETER WELCH, Vermont
                                     GENE GREEN, Texas
                                     BETTY SUTTON, Ohio
                                     JOHN D. DINGELL, Michigan
                                       (Ex Officio--non-voting)
                                     HENRY A. WAXMAN, California
                                       (Ex Officio)

Jurisdiction: Responsibility for oversight of agencies, departments, 
and programs within the jurisdiction of the full committee, and for 
conducting investigations within such jurisdiction.
             Committee Organization and Membership Changes

    The Committee on Energy and Commerce organized on January 
14, 2009, the Honorable Henry A. Waxman (D-CA), presiding. The 
membership of the full Committee was increase by one additional 
member for the 111th Congress, bringing the total number of 
members on the Committee to 58 (36 Democrats and 22 
Republicans). Ten were new to the Committee: Reps. Christensen 
of the Virgin Islands, Castor of Florida, Sutton of Ohio, 
Sarbanes of Maryland, Murphy of Connecticut, Space of Ohio, 
McNerney of California, Braley of Iowa, Welch of Vermont, and 
Gingrey of Georgia. On January 22, 2009, the House approved a 
resolution that provided an additional Republican member to the 
Committee; the additional seat was filled by Hon. Steve Scalise 
(R-LA). The final number of those serving on the Committee was 
59 (36 Democrats and 23 Republicans).
    Also during the January 14, 2009, organizational meeting, 
the Committee adopted the Rules of the Committee for the 111th 
Congress. The subcommittee jurisdictions, ratios, and 
memberships were also approved. Subcommittee changes in the 
111th Congress included establishing five subcommittees rather 
than six subcommittees in the previous Congress. Two 
subcommittee names were changed and the Committee further 
approved realigning certain environmental and toxic substance 
jurisdictions between the Subcommittees on Energy and 
Environment and Commerce, Trade, and Consumer Protection.
    Several changes in the membership of the Committee and its 
subcommittees occurred during the second session of the 111th 
Congress. Hon. Greg Walden (R-OR), who had served as ranking 
minority member of the Subcommittee on Oversight and 
Investigations in the 111th Congress, resigned from the 
Committee on Energy and Commerce on February 22, 2010, creating 
vacancies on several subcommittees and the position of ranking 
minority member of the Subcommittee on Oversight and 
Investigations. On February 23, 2010, the House approved H. 
Res. 1095, electing Hon. Parker Griffith (R-AL) to the 
Committee on Energy and Commerce, to rank after Mr. Scalise of 
Louisiana. At a business meeting of the Committee on February 
23, 2010, a resolution was approved that made changes in the 
minority ranking members and subcommittee memberships: Hon. 
Michael C. Burgess (R-TX) was approved by the Committee to 
replace Mr. Walden as ranking minority member of the 
Subcommittee on Oversight and Investigations, and Hon. Ed 
Whitfield (R-KY) was approved to serve as ranking minority 
member of the Subcommittee on Commerce, Trade, and Consumer 
Protection in lieu of Mr. Radanovich, who until then had served 
in that position in the 111th Congress. Mr. Griffith was 
approved to serve on three subcommittees: Energy and 
Environment, Oversight and Investigations, and Communications, 
Technology, and the Internet.
    On March 21, 2010, Hon. Nathan Deal (R-GA) resigned from 
the House of Representatives, creating a vacancy on the 
Committee on Energy and Commerce, including the ranking 
minority member position on the Subcommittee on Health. On 
March 25, 2010, pursuant to H. Res. 1223, Hon. Robert E. Latta 
(R-OH) was elected to the Committee on Energy and Commerce, to 
rank after Mr. Griffith of Alabama, filling the vacancy created 
by Mr. Deal's resignation. At a business meeting held on April 
15, 2010, a resolution offered by Mr. Barton was approved by 
the Committee that made further changes in the minority's 
ranking members and subcommittee membership: Hon. John Shimkus 
(R-IL) was approved to replace Mr. Deal as ranking member of 
the Subcommittee on Health; Hon. John Sullivan (R-OK) became a 
member of the Subcommittee on Health, to rank after Mrs. 
Myrick, which filled the vacancy created by Mr. Deal's 
resignation; Mr. Sullivan was removed from the Subcommittee on 
Commerce, Trade, and Consumer Protection membership, replaced 
by Mr. Latta, who would rank after Mr. Scalise of Louisiana. 
The resolution also filled two other vacancies created by the 
resignation of Mr. Deal by placing Mr. Latta on the 
Subcommittee on Oversight and Investigations and the 
Subcommittee on Communications, Technology, and the Internet, 
ranking on both subcommittees after Mr. Griffith of Alabama.
                 COMMITTEE STAFF--MAJORITY AND MINORITY
                           Committee Majority

 Philip S. Barnett, Staff Director
  Karen Nelson, Deputy Committee 
     Staff Director for Health
  Kristin Amerling, Chief Counsel
 Karen Lightfoot, Communications 
             Director
    Bruce Wolpe, Senior Advisor
  Pat Delgado, Policy Director, 
 Communications, Technology, and 
           the Internet
   Michelle Ash, Chief Counsel, 
  Commerce, Trade, and Consumer 
            Protection
Greg Dotson, Chief Counsel, Energy 
          and Environment
      Meredith Fuchs, Chief 
       Investigative Counsel
  Ruth Katz, Chief Public Health 
              Counsel
  David Leviss, Chief Oversight 
              Counsel
   Andy Schneider, Chief Health 
              Counsel
  Roger Sherman, Chief Counsel, 
 Communications, Technology, and 
           the Internet
   Earley T. Green, Chief Clerk
Sharon E. Davis, Chief Legislative 
               Clerk
   Sheila Klein, Office Manager/
 Executive Assistant to the Staff 
             Director
 Brian Cohen, Senior Investigator 
        and Policy Advisor
  Tim Powderly, Senior Counsel, 
Communications, Technology and the 
             Internet
  Lorie Schmidt, Senior Counsel, 
      Energy and Environment
      Tracy Sheppard, Senior 
       Environmental Counsel
 Alexandra Teitz, Senior Counsel, 
      Energy and Environment
     Robin Appleberry, Counsel
        Jeff Baran, Counsel
      Joel Beauvais, Counsel
     Stacia Cardille, Counsel
     Robert L. Clark, Counsel
       Shawn Chang, Counsel
      Sarah Despres, Counsel
        Jack Ebler, Counsel
       Molly Gaston, Counsel
      Althea Gregory, Counsel
       Purvee Kempf, Counsel
      Angelle Kwemo, Counsel
      Felipe Mendoza, Counsel
     Timothy Robinson, Counsel
       Naomi Seiler, Counsel
       Rachel Sher, Counsel
       Anna Tindall, Counsel
   Timothy Westmoreland, Counsel
 Tiffany Benjamin, Investigative 
              Counsel
Amy Levine, Subcommittee Counsel, 
 Communications, Technology, and 
           the Internet
 Alex Barron, Professional Staff 
              Member
Katie Campbell, Professional Staff 
              Member
Alison Cassady, Professional Staff 
              Member
 Stephen Cha, Professional Staff 
              Member
  Melissa Cheatham, Professional 
           Staff Member
  Michal Freedhoff, Professional 
           Staff Member
Emily Gibbons, Professional Staff 
              Member
Tim Gronniger, Professional Staff 
              Member
 Tiffany Guarascio, Professional 
           Staff Member
Virgil Miller, Professional Staff 
              Member
 Laura Vaught, Professional Staff 
              Member
 Tiffany Guarascio, Professional 
           Staff Member
  Scott Schloegel, Investigator, 
   Oversight and Investigations
Andy Bindman, Robert Wood Johnson 
              Fellow

   Jennifer Owens, Investigator
  Peter Ketcham-Colwill, Policy 
              Analyst
 Jennifer Berenholz, Deputy Clerk
  Elizabeth B. Ertel, Financial 
           Administrator
 Mark Noble, Director of New Media
   Lindsay Vidal, Deputy Press 
             Secretary
JR Deng, Chief Information Officer
Jeffrey Wease, Deputy Information 
              Officer
  Sean Corcoran, Assistant Clerk
 Alvin Banks, Special Assistant, 
              Health
 Allison Corr, Special Assistant, 
              Health
 Sarah Fisher, Special Assistant, 
 Communications, Technology, and 
           the Internet
    Caitlin Haberman, Special 
 Assistant, Energy and Environment
    Elizabeth Letter, Special 
         Assistant, Press
Billie McGrane, Special Assistant, 
          Full Committee
     Alison Neubauer, Special 
     Assistant, Oversight and 
          Investigations
 Mitch Smiley, Special Assistant, 
          Full Committee
 Will Wallace, Special Assistant, 
  Commerce, Trade, and Consumer 
            Protection
   Ronald Allen, Staff Assistant
   Byron Gwinn, Staff Assistant
   Gabe Stutman, Staff Assistant

                      Detailees from U.S. Agencies

      Christopher Wells, GPO
      Michael Ostheimer, FTC
        Jeffrey Cohen, FCC
        Rebecca Brown, EPA
        Eric Flamm, HHS/FDA
          Greg Guice, FCC
         Art Horowitz, EPA
       Derrick Franklin, HHS
                        Minority Committee Staff

 David L. Cavicke, Chief of Staff
 Amanda Mertens Campbell, General 
              Counsel
  Heather Couri, Deputy Chief of 
               Staff
Lawrence A. Neal, Deputy Chief of 
     Staff for Communications
    R. Clayton Alspach, Counsel
   James ``Ike'' Brannon, Chief 
             Economist
William Carty, Professional Staff 
              Member
    Karen E. Christian, Counsel
       Stacy Cline, Counsel
   Samuel Costello, Legislative 
              Analyst
  Gerald Couri, Sr. Professional 
           Staff Member
R. Nathan Crow, Professional Staff 
              Member
       Aaron Cutler, Counsel
   Neil R. Fried, Senior Counsel
 Garrett J. Golding, Legislative 
              Analyst
        Sean Hayes, Counsel
   James Hopper, Staff Assistant
   Peter E. Kielty, Legislative 
              Analyst
     Ryan Long, Chief Counsel
Elizabeth Lowell, Research Analyst
Brian McCullough, Sr. Professional 
           Staff Member
   Lisa Miller, Communications 
             Director
       Mary Neumayr, Counsel
    Krista Rosenthall, Counsel
  Alan M. Slobodin, Chief Counsel
      Samuel Spector, Counsel
Peter Spencer, Professional Staff 
              Member
Andrea Spring, Professional Staff 
              Member
  Linda Walker, Administrative & 
    Human Resources Coordinator
     Shannon Weinberg, Counsel
Kathryn Wheelbarger, Deputy Chief 
             of Staff
    Jean Woodrow, Director of 
      Information Technology
   LEGISLATIVE AND OVERSIGHT ACTIVITY OF THE COMMITTEE ON ENERGY AND 
                                COMMERCE

                                Summary

    During the 111th Congress, the Committee on Energy and 
Commerce had an extraordinarily active legislative and 
oversight record. Of the 1,478 bills referred to the Committee, 
32 measures became public law and 6 were pending action by the 
President when this report was filed. The full Committee and 
its subcommittees held a combined total of 169 days of hearings 
and 27 days of markups.

              Overview of Committee Legislative Activities

    Major legislative accomplishments of the Committee included 
enactment of the following measures:
     The Patient Protection and Affordable Care Act, 
comprehensive health reform legislation that guarantees 
universal access to health insurance while curbing insurance 
company abuses, controlling costs, expanding the Medicare 
prescription drug benefit, and reducing the deficit;
     The Children's Health Insurance Program 
Reauthorization Act, which funds health coverage for millions 
of low-income children and their parents;
     The Family Smoking Prevention and Tobacco Control 
Act, which grants the Food and Drug Administration (FDA) 
authority to regulate the advertising, marketing, and 
manufacturing of tobacco products;
     The Consumer Assistance to Recycle and Save Act 
(known as the ``Cash for Clunkers Act''), which offers 
consumers incentives to trade in old, gas-guzzling vehicles;
     Provisions in the American Recovery and 
Reinvestment Act that provide funds to develop renewable energy 
sources, increase funding for Medicaid to address the effects 
of the recession, improve healthcare technology, and expand 
broadband Internet access for businesses and households in 
underserved communities;
     The Ryan White HIV/AIDS Treatment Extension Act, 
which authorizes funding for medical and support services for 
people living with HIV/AIDS;
     The Medicare and Medicaid Extenders Act, which 
averts a 25% cut in physician fees in Medicare by maintaining 
current levels for all of 2011;
     The 21st Century Communications and Video 
Accessibility Act, which makes the Internet and smart phones 
more accessible to individuals with disabilities;
     The Formaldehyde Standards for Composite Wood 
Products Act, which establishes national standards to reduce 
formaldehyde emissions from trailers, furniture, and other wood 
products;
     The Commercial Advertisement Loudness Mitigation 
Act (known as the ``CALM Act''), which addresses the increase 
in volume consumers experience when television programming goes 
to a commercial;
     The Truth in Fur Labeling Act, which eliminates 
consumer and retailer confusion about whether clothes they are 
purchasing contain fur by requiring labeling of all articles of 
apparel containing fur;
     The DTV Delay Act, which extended the deadlines 
related to the transition from analog to digital television 
broadcasting for approximately four months to avoid consumer 
disruption and confusion;
     The Satellite Television Extension and Localism 
Act of 2010, which reauthorizes and amends certain provisions 
of the Communications Act of 1934 that govern satellite 
retransmission of television broadcast signals and accounts for 
the completion of the digital television transition;
     Six public health-related measures, including new 
initiatives on the safe disposal of prescription drugs and 
Alzheimer's disease, as well as reauthorizations of and 
improvements in programs on stem cell transplantation, 
gynecologic cancers, and early hearing detection for newborns;
     The FDA Food Safety and Modernization Act, which 
grants the FDA new authorities to protect the nation's food 
supply;
     The Local Community Radio Act of 2010, which would 
expand the ability of the FCC to license low-power FM radio 
stations and enhance local programming;
     The James Zadroga 9/11 Health and Compensation 
Act, which would provide funding for health care for the 
responders to the 9/11 terrorist attacks.
    The Committee also reported the American Clean Energy and 
Security (ACES) Act, comprehensive legislation to create clean 
energy jobs, reduce the nation's dependence on foreign oil, and 
curb global warming. This bill was passed by the House and sent 
to the Senate. Other important Committee bills that the House 
approved and sent to the Senate included:
     The Home Star Energy Retrofit Act, which would 
encourage energy efficiency investments in homes across the 
country;
     The Grid Reliability and Infrastructure Defense 
Act, which would protect the electric grid against cyber 
threats;
     The Chemical and Water Security Act, which would 
strengthen security at chemical plants and drinking water 
facilities;
     The Data Accountability and Trust Act, which would 
enhance protections for consumers victimized by data breaches;
     The Radio Spectrum Inventory Act, which would 
require that the National Telecommunications and Information 
Administration (NTIA) and the Federal Communications Commission 
(FCC) develop jointly a publicly-accessible spectrum inventory;
     The Assistance, Quality, and Affordability Act 
(AQUA) of 2010, which would have reauthorized the Safe Drinking 
Water Act State Revolving Loan Fund; and
     More than two dozen public health-related bills, 
including new initiatives on children's vision care, heart 
disease in women, diabetes, autism and concussion management 
for school-aged children, as well as reauthorizations of and 
improvements in current programs on arthritis, emergency 
medical services for children, and National Institutes of 
Health (NIH) pediatric research.
    Additional detail on 111th Congress legislative activity is 
provided in the description of Subcommittee activity that 
follows the list of hearings held by the full Committee.

               Overview of Committee Oversight Activities

    On February 10, 2009, the Committee adopted an Oversight 
Plan pursuant to clause 2(d) of rule X of the Rules of the 
House of Representatives (included in appendix I) identifying a 
range of programs and policies the Committee would review 
concerning energy, the environment, public health and health 
care, communications, and consumer protection and trade. Over 
the course of the 111th Congress, the Committee conducted 
oversight and investigations both on issues described in this 
plan and on matters beyond those contemplated at the time the 
plan was approved. These activities informed the development of 
a number of important bills, and helped reduce waste, fraud, 
abuse, and mismanagement in the public and private sector.
    The Committee began the 111th Congress with a series of 
hearings in the full Committee and the Subcommittee on Energy 
and Environment regarding one of the important areas 
highlighted in the Oversight Plan: climate change and the 
nation's energy security. These hearings led to the development 
of clean energy, energy efficiency, and climate change 
provisions in the American Clean Energy and Security Act. This 
comprehensive energy security legislation was approved by both 
the Committee and the House of Representatives in 2009.
    Another key area identified in the Oversight Plan was the 
need to review the poor performance of our health care system, 
including waste, fraud, and abuse in federal health programs, 
and practices of the health insurance industry. Hearings held 
by the Subcommittee on Health and Subcommittee on Oversight and 
Investigations led to development of numerous provisions in the 
Patient Protection and Affordable Care Act, comprehensive 
health care reform legislation signed into law this year, 
including curbs on wasteful spending in the Medicare and 
Medicaid programs, provisions to ensure affordability of health 
coverage, and prohibitions on insurance company discrimination 
based on pre-existing conditions, health status, and gender.
    In the area of consumer protection, the Oversight Plan 
identified several issues, including the need to examine 
consumer credit matters and activities of the National Highway 
Traffic Safety Administration (NHTSA). Committee oversight 
activities in these areas in the 111th Congress informed the 
development of legislation to expedite rulemakings concerning 
consumer credit or debt and a bill to require motor vehicle 
safety standards relating to vehicle electronics and to provide 
additional tools to promote NHTSA vehicle safety activities.
    The Committee also conducted oversight on a range of 
communications issues set forth in the Oversight Plan, 
including review of the management, operations, and activities 
of the Federal Communications Commission (FCC), National 
Telecommunications and Information Administration public safety 
communications, and Universal Service Reform. This oversight 
informed the development of a number of bills, including 
legislation to allow the funding for the interoperable 
emergency communications grant program to remain available 
until expended through 2012 as well as legislative proposals to 
construct a nationwide interoperable broadband network for 
public safety and to reform the universal service program.
    The oversight activities of the Committee in the 111th 
Congress complied with the provisions in clause 2 of House rule 
XI requiring at least one oversight hearing on federal programs 
or operations the Government Accountability Office (GAO) has 
identified as being at ``high-risk'' and at least one oversight 
hearing every 120 days on waste, fraud, abuse, or mismanagement 
in government programs the Committee authorizes.
    Committee hearings on waste, fraud, abuse, or mismanagement 
in federal programs authorized by this Committee included:
     Subcommittee on Oversight and Investigations, 
Hearing on the Salmonella Outbreak: The Continued Failure to 
Protect the Food Supply (Feb. 11, 2009) (examining a deadly 
food safety outbreak at a peanut butter manufacturing plant and 
flaws GAO identified in its ``high-risk'' series regarding Food 
and Drug Administration management of oversight over the 
nation's food supply);
     Subcommittee on Commerce, Trade, and Consumer 
Protection, Hearing on Revisiting the Toxic Substances Control 
Act of 1976 (Feb. 26, 2009) (examining deficiencies in the 
Environmental Protection Agency's (EPA) process for assessing 
and controlling toxic chemicals that GAO identified in its 
high-risk series);
     Subcommittee on Oversight and Investigations, 
Hearing on Institutional Review Boards that Oversee 
Experimental Human Testing for Profit (Mar. 26, 2009) 
(examining inadequacies in FDA's management of the process for 
certifying institutional review boards and assessing the 
sufficiency of their oversight of human testing protocols);
     Subcommittee on Oversight and Investigations, 
Hearing on Commercial Sales of Military Technologies (June 4, 
2009) (examining the government's mismanagement of export 
controls on sensitive technology with military applications, 
including concerns GAO identified in its high-risk series 
regarding the failure of the Department of State and the 
Department of Commerce to coordinate export control activities 
over sensitive technology);
     Subcommittee on Health, Hearing on Medical 
Devices: Are Current Regulations Doing Enough for Patients? 
(June 18, 2009) (examining whether FDA has made sufficient 
efforts to bring medical devices under modern regulatory 
authorities, a core problem identified by GAO);
     Subcommittee on Oversight and Investigations, 
Hearing on Federal Oversight of High Containment Bio-
Laboratories (Sept. 22, 2009) (examining the following concerns 
GAO identified regarding federal government mismanagement of 
high containment bio-laboratories: (1) allowing continuing 
expansion of these labs since 2001 without a clear, coordinated 
national strategy; (2) the absence of a legislative or 
executive mandate to a single federal agency to track the 
expansion of these labs; and (3) the failure of the federal 
government to develop more stringent safety and security 
protocols to reduce accidents in these labs that result from 
human error and systems failure);
     Subcommittee on Commerce, Trade, and Consumer 
Protection, Hearing on Public Sales of Hurricane Katrina/Rita 
FEMA Trailers: Are They Safe or Environmental Time Bombs? (Apr. 
28, 2010) (examining EPA's assessment of formaldehyde, which 
GAO has criticized for not having been completed);
     Subcommittee on Oversight and Investigations, 
Hearing on The Role and Performance of FDA in Ensuring Food 
Safety (May 6, 2010) (examining reports by GAO and the HHS 
Office of Inspector General concerning FDA's management of 
international food imports and inspections of domestic food 
facilities); and
     Subcommittee on Health, Hearing on Cutting Waste, 
Fraud, and Abuse in Medicare and Medicaid (Sept. 22, 2010) 
(examining Department of Health and Human Services efforts to 
reduce waste, fraud, and abuse in the Medicare and Medicaid 
programs identified in Office of Inspector General reports).
    Additional detail on the Committee's 111th Congress 
oversight activity on items in the Oversight Plan and other 
issues is provided in the description of Subcommittee activity 
contained in this report.

                             Hearings Held

    The U.S. Climate Action Partnership.--Legislative hearing 
providing the perspective of U.S. Climate Action Partnership 
members, a coalition of businesses and nongovernmental 
organizations seeking legislation to address the climate change 
threat. Hearing held on January 15, 2009. PRINTED, Serial 
Number 111-1.
    The American Clean Energy and Security Act of 2009, Days 1 
and 2.--Legislative hearing on the discussion draft of the 
``American Clean Energy and Security Act of 2009''. This 
hearing examined the views of the Administration and a broad 
range of stakeholders on the discussion draft. Day 2 was held 
jointly with the Subcommittee on Energy and Environment. 
Hearing held on April 21 and 22, 2009. PRINTED, Serial Number 
111-29.
    Comprehensive Health Reform Discussion Draft, Day 2, Part 
1.--Legislative hearing on the health care reform discussion 
draft. Testimony was heard from Secretary of Health and Human 
Services Kathleen Sebelius. Hearing held on June 24, 2009. 
PRINTED, Serial Number 111-54.
    Preparing for the 2009 Pandemic Flu.--Oversight hearing on 
what was known about H1N1 influenza strain and what steps the 
government has taken and plans to take in response to the surge 
in cases. Hearing held on September 15, 2009. PRINTED, Serial 
Number 111-64.
    A Review of the Department of Health and Human Services 
Fiscal Year 2011 Budget.--Oversight hearing on the U.S. 
Department of Health and Human Services budget proposal for 
fiscal year 2011. Testimony was heard from HHS Secretary 
Kathleen Sebelius. Hearing held on February 4, 2010. PRINTED, 
Serial Number 111-95.
    Effects of Developments in Synthetic Genomics.--Oversight 
hearing examining recently reported advances in synthetic 
biology and their potential impact. Hearing held on May 27, 
2010. PRINTED, Serial Number 111-127.
        Subcommittee on Commerce, Trade, and Consumer Protection

                         Legislative Activities

         FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS ACT

                Public Law 111-199 (H.R. 4805, S. 1660)

    To amend the Toxic Substances Control Act to reduce the 
emissions of formaldehyde from composite wood products.
Summary
    H.R. 4805 establishes national technology-based limits 
(i.e., limits based on the technological feasibility of the 
standards) on formaldehyde emissions from most composite wood 
products. It does so by requiring the Environmental Protection 
Agency (EPA) to issue regulations, not later than January 1, 
2013, to apply formaldehyde emissions standards that are 
equivalent to the California standards for hardwood plywood, 
medium-density fiberboard, and particleboard that is sold, 
supplied, offered for sale, or manufactured anywhere in the 
United States. EPA's regulations must ensure compliance with 
the federal standard and must include provisions relating to 
labeling, chain of custody requirements, provisions for sale of 
products or finished goods that were manufactured before the 
compliance deadline but are allowed to continue to be sold 
within a specified time period after the deadline (or product 
``sell-through''), third-party testing and certification, and 
other matters of implementation.
    H.R. 4805 also requires that the Department of Housing and 
Urban Development (HUD) update its regulations to reflect the 
standards established by EPA. Under the bill, the new limits 
will go into effect 180 days after EPA issues its regulations. 
Finally, EPA will be free to make further limitations at any 
time subsequent to the initial rulemaking.
Legislative History
    On March 10, 2010, H.R. 4805 was introduced by Rep. Matsui 
of California. It was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Financial 
Services. On March 11, 2010, H.R. 4805 was referred to the 
Subcommittee on Commerce, Trade, and Consumer Protection. 
Similar legislation in the Senate was introduced by Sen. 
Klobuchar of Minnesota as S. 1660 on September 10, 2009.
    On March 18, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on two bills, 
including H.R. 4805. Testimony was received from the EPA Office 
of Prevention, Pesticides, and Toxic Substances; the Composite 
Panel Association; the American Home Furnishings Alliance; the 
Sierra Club; and a health scientist specializing in chemical 
safety.
    On April 28, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing titled ``Public Sales of 
Hurricane Katrina/Rita FEMA Trailers: Are they Safe or 
Environmental Time Bombs?'' The Subcommittee received testimony 
from the Federal Emergency Management Agency, EPA, General 
Services Administration, a producer of a documentary film on 
the subject, the chief medical officer of Louisiana's Recovery 
School District, and the National Association of State Agencies 
for Surplus Property.
    On May 26, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection was discharged from further consideration 
of H.R. 4805, and the full Committee met in open markup session 
to consider the measure. H.R. 4805 was ordered favorably 
reported to the House, amended, by a voice vote.
    The Senate companion bill, S. 1660, introduced by Sen. 
Klobuchar of Minnesota on August 10, 2009, was reported by the 
Senate Committee on Environment and Public Works on April 19, 
2010, and passed the Senate with an amendment by unanimous 
consent on June 14, 2010.
    On June 15, 2010, S. 1660 was received in the House and 
held at the desk.
    On June 22, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 4805 (H. Rept. 111-509).
    On June 22, 2010, the Committee on Financial Services was 
discharged from further consideration of H.R. 4805.
    On June 23, 2010, the House took up S. 1660, the Senate 
companion bill to H.R. 4805, as amended, and passed the bill 
under suspension of the rules by a voice vote, clearing the 
measure for the White House.
    On July 7, 2010, S. 1660 was signed into law by the 
President and became Public Law 111-199.

 CONSUMER FINANCIAL PROTECTION AGENCY ACT OF 2009 DODD-FRANK RESTORING 
                AMERICAN FINANCIAL STABILITY ACT OF 2010

           Public Law 111-203 (H.R. 3126, H.R. 4173, S. 3217)

    To establish the Consumer Financial Protection Agency. 
(H.R. 3126)
    To promote the financial stability of the United States by 
improving accountability and transparency in the financial 
system, to end ``too big to fail,'' to protect the American 
taxpayer by ending bailouts, to protect consumers from abusive 
financial services practices, and for other purposes. (H.R. 
4173 as enacted)

Summary

    H.R. 3126 improves consumer protection in the financial 
arena by creating one commission whose sole mission is consumer 
financial protection. H.R. 3126 pulls the consumer protection 
functions from each of the banking agencies, and some consumer 
financial protection functions from the Federal Trade 
Commission (FTC), and gives those functions to the new 
commission. The legislation calls for the Consumer Financial 
Protection Agency (CFPA) to ensure that: (1) consumers have, 
understand, and can use the information they need to make 
responsible decisions about consumer financial products or 
services; (2) consumers are protected from abuse, unfairness, 
deception, and discrimination; (3) markets for consumer 
financial products or services operate fairly and efficiently 
with ample room for sustainable growth and innovation; and (4) 
traditionally underserved consumers and communities have access 
to financial services.
    H.R. 3126 consolidates in this new commission all consumer 
protection functions related to financial products, including 
rulemaking, supervision and examination, and enforcement. CFPA 
would have its own authority to issue rules prohibiting unfair, 
deceptive, and abusive acts, and would become the sole 
rulemaking authority for consumer financial protection 
statutes, including the Truth in Lending Act, the Equal Credit 
Opportunity Act, and the Fair Debt Collection Practices Act. In 
addition, H.R. 3126 provides the FTC with additional 
authorities to conduct rulemaking and enforce against unfair or 
deceptive acts or practices.

Legislative History

    On July 8, 2009, H.R. 3126 was introduced by Rep. Frank of 
Massachusetts, Chairman of the Committee on Financial Services. 
The bill was referred to the Committee on Financial Services, 
and in addition to the Committee on Energy and Commerce. That 
same day, H.R. 3126 was referred to the Subcommittee on 
Commerce, Trade, and Consumer Protection.
    On July 8, 2009, the Subcommittee held a legislative 
hearing titled ``The Proposed Consumer Financial Protection 
Agency: Implications for Consumers and the FTC.'' This hearing 
examined the proposal by the Obama Administration for the 
creation of a new consumer protection agency, a proposal that 
had been introduced that day as H.R. 3126. Testimony was 
received from the Chairman of the FTC, the Department of the 
Treasury, Consumers Union, a former general counsel of the FTC, 
a former manager of a state consumer enforcement office, a 
professor of law, and the CEO of the American Financial 
Services Association.
    On October 22, 2009, the Committee on Financial Services 
considered H.R. 3126 and subsequently ordered reported the 
bill, amended, by a rollcall vote of 39-29.
    On October 29, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection was discharged from further 
consideration of H.R. 3126, and the Committee on Energy and 
Commerce met in open markup session to consider the bill as 
ordered reported by the Committee on Financial Services. The 
Committee considered amendments to the bill and subsequently 
ordered H.R. 3126 favorably reported to the House, amended, by 
a rollcall vote of 33-19.
    On December 2, 2009, Rep. Frank of Massachusetts introduced 
H.R. 4173, the ``Wall Street Reform and Consumer Protection Act 
of 2009,'' a broader bill that includes the provisions of H.R. 
3126 within title IV of the legislation.
    On December 9, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 3126 (H. Rept. 111-367, Part 1).
    On December 11, 2009, the House considered H.R. 4173 and 
subsequently passed the bill, as amended, by a rollcall vote of 
223-202.
    On January 20, 2010, the Senate received H.R. 4173 with the 
House amendment and referred H.R. 4173 to the Senate Committee 
on Banking, Housing, and Urban Affairs.
    On May 20, 2010, the Senate Committee on Banking, Housing, 
and Urban Affairs was discharged from further consideration of 
H.R. 4173, and the measure was laid before the Senate by 
unanimous consent. During consideration, the Senate struck all 
after the enacting clause and substituted the language of S. 
3217, as amended. H.R. 4173 was then passed by the Senate, 
amended, by a rollcall vote of 59-39. The Senate then insisted 
upon the Senate amendments and requested a conference.
    On May 25, 2010, the Senate appointed conferees: Senators 
Dodd, Johnson, Reed, Schumer, Shelby, Crapo, Corker, Gregg, 
Lincoln, Leahy, Harkin, and Chambliss.
    On June 9, 2010, the House disagreed with the Senate 
amendment and agreed to a conference. Subsequently, a motion to 
instruct conferees failed by a rollcall vote of 198-217.
    The Speaker appointed the following conferees from the 
House: Reps. Waxman, Rush, and Barton as conferees from the 
Committee on Energy and Commerce for consideration of sections 
3009, 3102(a)(2), 4001, 4002, 4101-4114, 4201, 4202, 4204-4210, 
4301-4311, 4314, 4401-4403, 4410, 4501-4509, 4601-4606, 4815, 
4901, and that portion of section 8002(a)(3) which adds a new 
section 313(d) to title 31, United States Code, of the House 
bill, and that portion of section 502(a)(3) which adds a new 
section 313(d) to title 31, United States Code, sections 
722(e), 1001, 1002, 1011-1018, 1021-1024, 1027-1029, 1031-1034, 
1036, 1037, 1041, 1042, 1048, 1051-1058, 1061-1067, 1101, and 
1105 of the Senate amendment, and modifications committed to 
conference.
    Upon conclusion of the conference, a conference report on 
H.R. 4173 was filed in the House (H. Rept. 111-517) and on June 
30, 2010, the House agreed to the conference report by a 
rollcall vote of 237-192.
    On July 15, 2010, the Senate agreed to the conference 
report by a rollcall vote of 60-39, clearing the measure for 
the White House.
    On July 21, 2010, H.R. 4173 was signed into law by the 
President and became Public Law 111-203.

                   TRUTH IN FUR LABELING ACT OF 2010

                Public Law 111-313 (H.R. 2480, S. 1076)

    To improve the accuracy of fur product labeling.

Summary

    H.R. 2480 amends the Fur Products Labeling Act by removing 
the authority of the Federal Trade Commission to exempt apparel 
from labeling if it is valued under a certain amount. As a 
result, all articles of apparel containing fur will be required 
to be labeled. The legislation also instructs the FTC to review 
the Fur Products Name Guide.

Legislative History

    On May 19, 2009, H.R. 2480 was introduced by Rep. Moran of 
Virginia and referred to the Committee on Energy and Commerce. 
Similar legislation had been introduced as H.R. 4904 in the 
109th Congress, and as S. 3610 in the 110th Congress. S. 1076, 
the Senate companion bill in the 111th Congress, was introduced 
by Sen. Menendez of New Jersey. On May 20, 2009, H.R. 2480 was 
referred to the Subcommittee on Commerce, Trade, and Consumer 
Protection.
    On May 13, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on two bills, 
including H.R. 2480. Testimony was received from 
representatives of the Bureau of Consumer Protection of the 
Federal Trade Commission, the Humane manufacturers.
    On June 30, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session to consider H.R. 
2480 and subsequently favorably forwarded H.R. 2480 to the full 
Committee, amended, by a voice vote.
    On July 15, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 2480, where it was 
ordered favorably reported to the House, amended, by a voice 
vote.
    On July 27, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 2480 (H. Rept. 111-571).
    On July 28, 2010, H.R. 2480 was considered in the House 
under suspension of the rules and passed, as amended, by a 
voice vote.
    On July 29, 2010, the Senate received H.R. 2480. On August 
5, 2010, H.R. 2480 was referred to the Senate Committee on 
Commerce, Science, and Transportation.
    On December 7, 2010, the Senate Committee on Commerce, 
Science, and Transportation was discharged by unanimous 
consent, and the bill was passed by the Senate without 
amendment by unanimous consent, clearing the measure for the 
White House.
    On December 18, 2010, H.R. 2480 was signed into law by the 
President and became Public Law 111-313.

               PEDESTRIAN SAFETY ENHANCEMENT ACT OF 2010

             Awaiting White House Action (S. 841, H.R. 734)

    To direct the Secretary of Transportation to study and 
establish a motor vehicle safety standard that provides for a 
means of alerting blind and other pedestrians of motor vehicle 
operation.

Summary

    The Pedestrian Safety Enhancement Act of 2010 directs the 
Secretary of Transportation to establish a motor vehicle safety 
standard that provides for a means of alerting blind and other 
pedestrians of motor vehicle operation by quiet cars.

Legislative History

    On January 28, 2009, H.R. 734 was introduced by Rep. Towns 
of New York and Rep. Stearns of Florida. The bill was referred 
to the Committee on Energy and Commerce. On February 2, 2010, 
H.R. 734 was referred to the Subcommittee on Commerce, Trade, 
and Consumer Protection. Similar legislation in the Senate was 
introduced by Sen. Kerry of Massachusetts as S. 841 on April 
21, 2009, and was referred to the Senate Committee on Commerce, 
Science, and Transportation.
    The Senate Committee was discharged of S. 841 by unanimous 
consent on December 9, 2010, and that same day the Senate 
considered S. 841 and passed the bill with an amendment by 
unanimous consent.
    On December 10, 2010, the House received S. 841 with an 
amendment.
    On December 13, 2010, S. 841 was referred to the Committee 
on Energy and Commerce, and also to the Committee on 
Transportation and Infrastructure.
    On December 15, 2010, the House considered a motion to pass 
S. 841, as amended by the Senate, under suspension of the 
rules. Following debate, the vote was postponed until December 
16, 2010, when the House passed S. 841, as amended, by a 
rollcall vote of 379-30, clearing the measure for the White 
House.
    On December 28, 2010, S. 841 was presented to the 
President.
    S. 841, as approved by the House and the Senate, was 
awaiting action by the President when this report was filed.

                RESTORE ONLINE SHOPPERS' CONFIDENCE ACT

                Public Law 111-___ (S. 3386, H.R. 5707)

    To protect consumers from certain aggressive sales tactics 
on the Internet.

Summary

    The ``Restore Online Shoppers' Confidence Act'' addresses 
several tactics used in online commerce, including post-
transaction marketing and ``data pass.'' Post-transaction 
marketing is when a consumer purchasing from a trusted vendor 
is presented an offer from an unrelated seller, and the third-
party seller does not make clear it is a distinct entity and 
that agreeing to the offer constitutes a second transaction 
with different terms. The Act makes it unlawful for such post-
transaction third party sellers to charge a consumer without 
disclosing the entity's lack of affiliation with the initial 
seller, providing a description of goods or services being 
purchased, and receiving the consumer's express informed 
consent.
    Data pass is where the first seller shares a consumer's 
credit card number with the third-party seller without the 
consumer's knowledge or consent. The Act makes it unlawful for 
the initial seller to disclose the consumer's billing 
information to the post-transaction third party seller.

Legislative History

    On July 1, 2010, H.R. 5707 was introduced by Rep. Space of 
Ohio. The bill was referred to the Committee on Energy and 
Commerce. On July 13, 2010, H.R. 5707 was referred to the 
Subcommittee on Commerce, Trade, and Consumer Protection. 
Similar legislation in the Senate was introduced by Sen. 
Rockefeller of West Virginia as S. 3386 on May 19, 2010.
    On June 9, 2010, S. 3386 was referred to the Senate 
Committee on Commerce, Science, and Transportation. The 
Committee considered S. 3386 on August 2, 2010, and ordered the 
bill reported with an amendment.
    On November 30, 2010, the Senate took up S. 3386 as amended 
under unanimous consent and agreed to further amendments. On 
that day, the Senate passed S. 3386 with an amendment by 
unanimous consent.
    On December 1, 2010, the House received S. 3386, as 
amended, and referred the bill to the Committee on Energy and 
Commerce.
    On December 15, 2010, the House considered a motion to pass 
S. 3386, as amended by the Senate, under suspension of the 
rules, and the House passed S. 3386, as amended, by a voice 
vote, clearing the measure for the White House.
    On December 29, 2010, S. 3386 was signed into law by the 
President and became Public Law 111-___.
    (The Public Law number had not been assigned when this 
report was filed.)

                  COLLEGE FOOTBALL PLAYOFF ACT OF 2009

                               (H.R. 390)

    To prohibit, as an unfair and deceptive act or practice, 
the promotion, marketing, and advertising of any post-season 
NCAA Division I football game as a national championship game 
unless such game is the culmination of a fair and equitable 
playoff system.

Summary

    H.R. 390 makes it unlawful for any person to promote, 
market, or advertise a post-season National Collegiate Athletic 
Association (NCAA) Division I Football Bowl Subdivision (FBS) 
football game as a championship or national championship game, 
unless the game is the final game of a single elimination post-
season playoff system for which all NCAA Division I FBS 
conferences and unaffiliated Division I FBS teams are eligible. 
A similar prohibition applies to all merchandise connected to 
such a national championship game. H.R. 390 deems such action 
an unfair or deceptive act or practice as prohibited under 
section 18 of the Federal Trade Commission Act. The FTC is also 
granted the authority to promulgate rules or guidelines to 
implement the requirements of H.R. 390. These requirements 
would take effect on January 31, 2011, effectively requiring 
that a new playoff system be in place to crown a champion for 
the 2011-2012 college football season.

Legislative History

    On January 9, 2009, H.R. 390 was introduced by Rep. Barton 
of Texas and referred to the Committee on Energy and Commerce. 
The bill as introduced was substantially similar to a previous 
bill, H.R. 7330, which had been introduced by Mr. Barton in the 
110th Congress. On January 15, 2009, H.R. 390 was referred to 
the Subcommittee on Commerce, Trade, and Consumer Protection.
    On May 1, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing pertaining to H.R. 390 
titled ``The Bowl Championship Series: Money and Other Issues 
of Fairness for Publicly Financed Universities.'' Testimony was 
received from the commissioner of a major college football 
conference (who at the time served as coordinator of the Bowl 
Championship Series); the commissioner of a major, but not BCS-
affiliated conference; the President and CEO of a major bowl 
game; and the athletic director of Boise State University, 
which in recent years has had a very successful football team 
but no access to the BCS or its championship game.
    On December 9, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection met in open markup session and 
forwarded H.R. 390, amended, to the full Committee, by a voice 
vote.
    No further action was taken on H.R. 390 in the 111th 
Congress.

                         INFORMED P2P USER ACT

                          (H.R. 1319, S. 3027)

    To prevent the inadvertent disclosure of information on a 
computer through certain ``peer-to-peer'' file sharing programs 
without first providing notice and obtaining consent from an 
owner or authorized user of the computer.

Summary

    H.R. 1319 reduces inadvertent disclosures of sensitive 
information by making users of certain file-sharing programs 
more aware of how such programs work, how files are shared, and 
the potential risks involved with the use of such programs. The 
bill prohibits developers of covered file-sharing programs from 
installing, or making available for installation or 
downloading, a covered-file sharing program without first 
providing consumers with notice that the program allows files 
on the consumer's computer to be searched and copied. The 
developer must then obtain the informed consent of the 
consumer.
    Under H.R. 1319, any covered file-sharing program must 
provide notice and obtain consent twice: when the program is 
first installed or downloaded and again immediately before the 
file-sharing function is activated for the first time. The bill 
also makes it unlawful to prevent the reasonable efforts of a 
consumer to block the installation of a file-sharing program. 
Finally, the program must provide a reasonable means to disable 
or remove the program.

Legislative History

    On March 5, 2009, H.R. 1319 was introduced by Rep. Bono 
Mack. Similar legislation, H.R. 7176, had been introduced by 
Rep. Bono Mack in the 110th Congress. On March 6, 2009, H.R. 
1319 was referred to the Subcommittee on Commerce, Trade, and 
Consumer Protection. Similar legislation in the Senate was 
introduced by Sen. Klobuchar of Minnesota as S. 3027 on 
February 23, 2009.
    On May 5, 2009, the Subcommittee held a legislative hearing 
on two bills, including H.R. 1319. Testimony was received from 
witnesses representing the Bureau of Consumer Protection of the 
FTC, three non-profit technology groups, three industry 
associations, and one company that provides peer-to-peer 
security services.
    On September 30, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection was discharged from further 
consideration of H.R. 1319, and the Committee on Energy and 
Commerce met in open markup session to consider the measure. 
H.R. 1319 was ordered favorably reported to the House, amended, 
by a voice vote.
    On December 8, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 1319 (H. Rept. 111-361). That 
same day, H.R. 1319 was considered in the House under 
suspension of the rules and passed, as amended, by a voice 
vote.
    On December 9, 2009, the Senate received H.R. 1319, read 
the bill twice, and referred to the Senate Committee on 
Commerce, Science, and Transportation.
    No further action was taken on H.R. 1319 in the 111th 
Congress.

        PROTECTING CONSUMER ACCESS TO GENERIC DRUGS ACT OF 2009

                          (H.R. 1706, S. 369)

    To prohibit brand name drug companies from compensating 
generic drug companies to delay the entry of a generic drug 
into the market.

Summary

    H.R. 1706 makes unlawful certain drug patent legal 
agreements in which a generic drug company receives payment or 
value from a brand-name drug company in exchange for an 
agreement not to research, develop, manufacture, market, or 
sell the generic drug. Violations would be treated as unfair 
and deceptive acts or practices and as unfair methods of 
competition under Section 5 of the Federal Trade Commission 
Act. The bill would create exceptions allowing such agreements 
if the generic company receives only: (1) the right to market 
the generic drug before the expiration of the patent or other 
exclusivity period; (2) the waiver by the brand-name company of 
any statutory extensions of exclusivity; and (3) a covenant not 
to sue on the given generic product. H.R. 1706 also authorizes 
the FTC to exempt agreements otherwise prohibited if they 
further the interests of consumers and competition. Violations 
of the Act would be treated as cause for forfeiture of the 180-
day exclusivity period the generic company is entitled to under 
the Federal Food, Drug, and Cosmetic Act.

Legislative History

    On March 25, 2009, H.R. 1706 was introduced by Rep. Rush 
and referred to the Committee on Energy and Commerce, and in 
addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the 
jurisdiction of the committee concerned. As introduced, H.R. 
1706 was substantially similar to H.R. 1902, a bill that Rep. 
Rush introduced in the 110th Congress. On March 26, 2009, H.R. 
1706 was referred to the Subcommittee on Commerce, Trade, and 
Consumer Protection. Similar legislation in the Senate was 
introduced by Sen. Kohl of Wisconsin as S. 369 on February 3, 
2009.
    On March 31, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on H.R. 1706. 
Testimony was received from a commissioner of the FTC, a 
professor of law with expertise on the antitrust issues raised 
by ``pay-for-delay'' agreements, a representative of AARP, a 
representative of the major trade association for brand-name 
drug manufacturers, and two executives representing different 
generic-drug manufacturers.
    On June 3, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded 
H.R. 1706, amended, to the full Committee, by a rollcall vote 
of 16-14.
    On July 31, 2009, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 3200, America's 
Affordable Health Choices Act of 2009. During consideration of 
H.R. 3200, Rep. Rush offered an amendment to the legislation 
with contents substantially similar to the provisions of H.R. 
1706. The amendment was considered and adopted by a voice vote. 
The Committee subsequently ordered H.R. 3200 reported favorably 
to the House, amended, by a rollcall vote of 31-28.
    On October 14, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 3200 to the House, amended (H. 
Rept. 111-299).
    No further action was taken on H.R. 1706 or the relevant 
part of H.R. 3200 in the 111th Congress.

                CARBON MONOXIDE POISONING PREVENTION ACT

                          (H.R. 1796, S. 1216)

    To amend the Consumer Product Safety Act to require 
residential carbon monoxide detectors to meet the applicable 
American National Standards Institute/Underwriters Laboratory 
(ANSI/UL) standard by treating that standard as a consumer 
product safety rule and to encourage states to require the 
installation of such detectors in homes.

Summary

    H.R. 1796 requires the Consumer Product Safety Commission 
(CPSC) to publish the existing voluntary industry standard for 
carbon monoxide alarms as a mandatory consumer product safety 
standard. The bill would make it unlawful for manufacturers or 
distributors to import or distribute any new residential carbon 
monoxide alarm that does not comply with the standard. The bill 
also requires the CPSC to adopt certain minimum requirements 
for the content of portable generator labels and instruction 
manuals to warn consumers about the carbon monoxide hazard 
posed by the incorrect use of such generators. In addition, the 
bill establishes a grant program to assist states in carrying 
out carbon monoxide poisoning prevention programs.

Legislative History

    On March 30, 2009, H.R. 1796 was introduced by Rep. 
Matheson and referred to the Committee on Energy and Commerce. 
Similar legislation, S. 3660, had been introduced in the 110th 
Congress by Sen. Klobuchar of Minnesota, who also introduced 
this same legislation as S. 1216 in the 111th Congress. On 
March 31, 2009, H.R. 1796 was referred to the Subcommittee on 
Commerce, Trade, and Consumer Protection.
    On March 18, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on two bills, 
including H.R. 1796. Testimony was received from the Office of 
Hazard Identification and Reduction at the CPSC, a physician 
specializing in poison control, and two manufacturers of in-
home toxic alert devices.
    On June 30, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded 
H.R. 1796, amended, to the full Committee, by a voice vote.
    On July 15, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 1796, which it 
subsequently ordered reported favorably to the House, amended, 
by a voice vote.
    On July 27, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 1796 (H. Rept. 111-573).
    On July 28, 2010, H.R. 1796 was considered in the House 
under suspension of the rules and passed, as amended, by a 
voice vote.
    On July 29, 2010, H.R. 1796 was received in the Senate. On 
August 5, 2010 H.R. 1796 was read twice, and referred to the 
Committee on Commerce, Science, and Transportation.
    No further action was taken on H.R. 1796 in the 111th 
Congress.

                    MERCURY POLLUTION REDUCTION ACT

                    (H.R. 2190, H.R. 2065, S. 1428)

    To amend the Toxic Substances Control Act to phase out the 
use of mercury in the manufacture of chlorine and caustic soda.

Summary

    H.R. 2190 is intended to eliminate a significant source of 
mercury pollution by prohibiting the use of mercury during the 
manufacture of chlorine or caustic soda in the United States. 
In addition, the bill prohibits the export of mercury and 
mercury compounds by chlor-alkali facilities, effective 
immediately upon enactment.

Legislative History

    On April 30, 2009, H.R. 2190 was introduced by Rep. 
Schakowsky and referred to the Committee on Energy and 
Commerce. On May 4, 2009, H.R. 2190 was referred to the 
Subcommittee on Commerce, Trade, and Consumer Protection. 
Similar legislation in the Senate was introduced by Sen. 
Whitehouse of Rhode Island as S. 1428 on July 9, 2009.
    On May 12, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on two bills, 
including H.R. 2190. Testimony was received from a professor of 
law representing the Center for Progressive Reform; a professor 
of public health and former Assistant Administrator for 
Prevention, Pesticides, and Toxic Substances at EPA; and an 
executive at a company in the chlor-alkali industry.
    On June 3, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded 
H.R. 2190, amended, to the full Committee, by a rollcall vote 
of 16-10.
    On October 21, 2009, the Committee on Energy and Commerce 
met in open markup session to consider H.R. 2190, which it 
subsequently ordered reported favorably to the House, amended, 
by a rollcall vote of 29-14.
    On December 16, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 2190 (H. Rept. 111-381).
    No further action was taken on H.R. 2190 in the 111th 
Congress.

                   DATA ACCOUNTABILITY AND TRUTH ACT

                          (H.R. 2221, S. 3742)

    To protect consumers by requiring reasonable security 
policies and procedures to protect data containing personal 
information, and to provide for nationwide notice in the event 
of a security breach.

Summary

    H.R. 2221 both reduces the number of data breaches and 
provides new rights to individuals whose personal information 
is compromised when a breach occurs. The bill has two major 
requirements: (1) an entity holding data containing personal 
information must adopt reasonable and appropriate security 
measures to protect such data; and (2) that same entity must 
notify affected consumers in the event of a breach unless the 
entity determines there is ``no reasonable risk of identity 
theft, fraud, or other unlawful conduct.''
    In addition, the bill requires information brokers to 
implement reasonable procedures that will ensure data accuracy 
and provide consumers with access to information and the 
ability to dispute inaccurate information in certain 
circumstances.

Legislative History

    On April 30, 2009, H.R. 2221 was introduced in the House by 
Rep. Rush of Illinois and referred to the Committee on Energy 
and Commerce. Similar legislation, H.R. 958, had been 
introduced by Rep. Rush in the 110th Congress. On May 4, 2009, 
H.R. 2221 was referred to the Subcommittee on Commerce, Trade, 
and Consumer Protection. Similar legislation in the Senate, S. 
3742, was introduced by Sen. Pryor of Arkansas on August 5, 
2010.
    On May 5, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing on two bills, including H.R. 
2221. Testimony was received from witnesses representing the 
Bureau of Consumer Protection of the Federal Trade Commission, 
non-profit technology groups, and three industry associations.
    On June 3, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded 
H.R. 2221, amended, to the full Committee, by a voice vote.
    On September 30, 2009, the Committee on Energy and Commerce 
met in open markup session to consider H.R. 2221, which was 
subsequently ordered favorably reported to the House, amended, 
by a voice vote.
    On December 8, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 2221 (H. Rept. 111-362). That 
same day, H.R. 2221 was considered in the House under 
suspension of the rules and passed, as amended, by a voice 
vote.
    On December 9, 2009, the Senate received H.R. 2221 with the 
House amendment, read twice, and referred to the Senate 
Committee on Commerce, Science, and Transportation.
    Further action was taken on S. 3742, a related measure. On 
August 5, 2010, S. 3742 was introduced by Sen. Pryor of 
Arkansas, referred to the Senate Committee on Commerce, Science 
and Transportation, and subsequently referred to the 
Subcommittee on Consumer Protection, Product Safety, and 
Insurance.
    On September 22, 2010, the Senate Committee on Commerce, 
Science, and Transportation Subcommittee on Consumer 
Protection, Product Safety, and Insurance held a legislative 
hearing on S. 3742.
    No further action was taken on these bills in the 111th 
Congress.

                CONSUMER CREDIT AND DEBT PROTECTION ACT

                              (H.R. 2309)

    To provide authority to the FTC to expedite rulemakings 
concerning consumer credit or debt and to direct the Commission 
to examine and promulgate rules with regard to debt settlement 
and automobile sales.

Summary

    H.R. 2309 provides the FTC with streamlined authority to 
issue rules regarding unfair or deceptive acts or practices 
with regard to consumer credit and debt. It gives the FTC the 
authority to seek civil penalties for such practices, and 
enables state attorneys general to enforce the FTC's rules in 
this area. In addition, the bill directs the FTC to issue rules 
regarding unfair or deceptive acts or practices in two specific 
areas: auto sales and debt settlement.

Legislative History

    H.R. 2309 was developed after a series of hearings related 
to consumer credit and debt, as follows:
    On March 5, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing titled ``Consumer Protection 
in the Used and Subprime Car Market.'' Testimony was received 
from the acting directors of both the Bureau of Consumer 
Protection at the FTC and the Bureau of Justice Assistance at 
the Department of Justice, two representatives of consumer 
protection organizations, a representative of the independent 
automobile dealership industry, and the president of a company 
that maintains a large database of automobile histories.
    On March 24, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing titled ``Consumer Credit and 
Debt: The Role of the Federal Trade Commission in Protecting 
the Public.'' Testimony was received from the FTC Chairman; two 
professors of law with expertise on regulatory issues related 
to consumer credit; director of a consumer advocate 
organization; and the chief executive officer of an 
independent, local financing company that has worked 
extensively with the FTC.
    On May 7, 2009, H.R. 2309 was introduced by Rep. Rush and 
referred to the Committee on Energy and Commerce. On May 11, 
2009, H.R. 2309 was referred to the Subcommittee on Commerce, 
Trade, and Consumer Protection.
    On May 12, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on two bills, 
including H.R. 2309. Testimony was received from the acting 
director of the Bureau of Consumer Protection at the FTC, a 
representative of a consumer advocacy group, and a 
representative of the U.S. Chamber of Commerce.
    On June 3, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded 
H.R. 2309, amended, to the full Committee, by a rollcall vote 
of 16-9.
    No further action was taken on H.R. 2309 in the 111th 
Congress.

             BEREAVED CONSUMER'S BILL OF RIGHTS ACT OF 2009

                              (H.R. 3655)

    To direct the FTC to establish rules to prohibit unfair or 
deceptive acts or practices related to the provision of funeral 
services.

Summary

    H.R. 3655 directs the FTC to prescribe rules prohibiting 
unfair or deceptive acts or practices in the provision of all 
funeral goods or services. Specifically, all providers of these 
goods and services are required to provide consumers with 
accurate, itemized price information for each specific funeral 
good or service offered for sale. The bill further prohibits 
providers from making misrepresentations about federal, state, 
and local requirements, and prohibits conditioning the 
provision of any one funeral good or service on the purchase of 
another funeral good and service.
    The bill also requires that contracts for funeral goods or 
services be written clearly and include disclosures about any 
fees, penalties, or costs that may be incurred in the future. 
With specific regard to cemeteries, the bill requires that 
consumers be provided with written rules and regulations and an 
explanation of the burial right that has been purchased. 
Cemeteries further are required to keep clear records of all 
burials.
    In addition, H.R. 3655 authorizes both the FTC and the 
states to enforce the Act's requirements. Also, the bill makes 
clear that it is not Congress's intent to preempt states' laws 
providing protections to consumers of funeral services or 
funeral goods except where there are conflicts between the 
respective laws.
    H.R. 3655 directs the FTC to issue the rules required under 
this Act within one year of enactment, in accordance with the 
Administrative Procedures Act. The bill also would ensure that 
the FTC's rules apply to all providers of funeral goods or 
services, even those that are nonprofit.

Legislative History

    H.R. 3655 was developed following news of a grave reselling 
scheme at Burr Oak Cemetery in Alsip, Illinois, as well as a 
hearing about consumer protections relating to funerals and 
cemeteries.
    On July 27, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a field hearing in Chicago, Illinois 
titled ``Oversight of Cemeteries and Other Funeral Services: 
Who's In Charge?'' Testimony was received from relatives of 
those buried at Burr Oak Cemetery, a representative of the 
FTC's Bureau of Consumer Protection, the Illinois State 
Comptroller, and representatives of a bereaved consumer's 
advocacy group, a trade association for funeral homes and 
cemetery operators, and a local Chicago-area funeral home.
    On September 25, 2009, H.R. 3655 was introduced by Rep. 
Rush and referred to the Committee on Energy and Commerce. On 
September 29, 2009, H.R. 3655 was referred to the Subcommittee 
on Commerce, Trade, and Consumer Protection.
    On January 27, 2010, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a legislative hearing on H.R. 
3655. Testimony was received from representatives of the FTC's 
Bureau of Consumer Protection, the Illinois Cemetery Oversight 
Task Force, a trade association for funeral homes, as well as 
the former director of another trade association for funeral 
homes and cemeteries.
    On March 24, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded 
H.R. 3655, amended, to the full Committee, by a voice vote.
    On July 21, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 3655, which it 
subsequently ordered favorably reported to the House, amended, 
by a voice vote.
    On December 7, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 3655 (H. Rept. 111-672).
    No further action was taken on H.R. 3655 in the 111th 
Congress.

                  CALLING CARD CONSUMER PROTECTION ACT

                          (H.R. 3993, S. 562)

    To require accurate and reasonable disclosure of the terms 
and conditions of prepaid telephone calling cards and services.

Summary

    H.R. 3993 requires calling card providers and distributors 
to clearly and conspicuously disclose all relevant and 
applicable information to consumers. These disclosures must 
include contact information for the provider, the number of 
minutes available or the dollar value of the card. Entities 
also are required to disclose any applicable fees, additional 
charges, limitations, changes in value, or expiration dates 
associated with the use of the card. In some cases, these 
disclosures also are required to appear on calling card 
advertisements and voice prompts. The bill provides the FTC 
with the authority to enforce these requirements and to 
promulgate regulations to carry out the Act. States also are 
authorized to enforce the Act.

Legislative History

    On November 3, 2009, H.R. 3993 was introduced by Rep. Engel 
and referred to the Committee on Energy and Commerce. Similar 
legislation had been introduced in the 110th Congress, as H.R. 
3402 by Rep. Engel and as S. 2998 by Sen. Nelson of Florida. 
Sen. Nelson also introduced this bill, as S. 562, in the 111th 
Congress. On November 4, 2009, H.R. 3993 was referred to the 
Subcommittee on Commerce, Trade, and Consumer Protection.
    On December 3, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a legislative hearing on H.R. 
3993. Testimony was received from the director of the FTC's 
Division of Marketing Practices, the executive director of 
National Consumers League, a state utility commissioner, a 
community organizer for African immigrants, and the president 
of the industry association for wholesale marketers.
    On March 24, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded 
H.R. 3993 to the full Committee, by a voice vote.
    On May 5, 2010, the Committee on Energy and Commerce met in 
open markup session to consider H.R. 3993, which it 
subsequently ordered favorably reported to the House, amended, 
by a voice vote.
    On June 15, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 3993 (H. Rept. 111-507).
    On June 23, 2010, H.R. 3993 was considered by the House 
under suspension of the rules and passed, as amended, by a 
rollcall vote of 381-41.
    On June 24, 2010, the Senate received H.R. 3993, read 
twice, and referred to the Committee on Commerce, Science, and 
Transportation.
    No further action was taken on H.R. 3993 in the 111th 
Congress.

               GUARANTEE OF A LEGITIMATE DEAL ACT OF 2010

                              (H.R. 4501)

    To require certain return policies from businesses that 
purchase precious metals from consumers and solicit such 
transactions through an Internet website.

Summary

    H.R. 4501 requires online purchasers of precious metals to 
wait until receiving an affirmative acceptance of the amount 
offered before melting down a consumer's jewelry. Online 
purchasers of precious metals are required to promptly return 
jewelry to a consumer if the consumer declines the amount 
offered. In addition, the bill sets a standard for the amount 
of insurance provided by online purchasers of precious metals 
on shipments of jewelry or precious metals.

Legislative History

    On January 21, 2010, H.R. 4501 was introduced by Rep. 
Weiner and referred to the Committee on Energy and Commerce. On 
January 22, 2010, H.R. 4501 was referred to the Subcommittee on 
Commerce, Trade, and Consumer Protection.
    On May 13, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on two bills, 
including H.R. 4501. Testimony was received from 
representatives of the FTC's Bureau of Consumer Protection 
Enforcement Division, Consumers Union, and a trade association 
for the jewelry industry.
    On June 30, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded 
H.R. 4501, amended, to the full Committee, by a voice vote.
    On July 15, 2010, the Committee on Energy and Commerce met 
in open markup to consider H.R. 4501, which it subsequently 
ordered reported favorably to the House, amended, by a voice 
vote.
    On December 7, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 4501 (H. Rept. 111-673).
    On December 8, 2010, the House passed H.R. 4501, as 
amended, by a rollcall vote of 324-81.
    On December 9, 2010, the Senate received H.R. 4501, read 
twice, and referred to the Senate Committee on Commerce, 
Science, and Transportation.
    No further action was taken on H.R. 4501 in the 111th 
Congress.

         FOREIGN MANUFACTURERS LEGAL ACCOUNTABILITY ACT OF 2010

                          (H.R. 4678, S. 1606)

    To require foreign manufacturers of products imported into 
the United States to establish registered agents in the United 
States who are authorized to accept service of process against 
such manufacturers.

Summary

    H.R. 4678 requires foreign manufacturers and producers that 
import products into the United States to designate a 
registered agent who is authorized to accept service of process 
here in the United States. The agent would have to be 
registered in a state with a substantial connection to the 
importation, distribution, or sale of products of the foreign 
manufacturer or producer. The CPSC, the Food and Drug 
Administration, and the EPA would each be required to 
determine, based on the value or quantity of goods manufactured 
or produced, which foreign manufacturers and producers under 
their respective authority would be required to designate a 
registered agent. Registering an agent consistent with the Act 
constitutes acceptance by the manufacturer of personal 
jurisdiction of the state and federal courts of the state in 
which the agent is located. Finally, the Act prohibits the 
importation into the United States of products from foreign 
manufacturers that fail to designate a registered agent.

Legislative History

    On February 24, 2010, H.R. 4678 was introduced by Rep. 
Sutton and referred to the Committee on Energy and Commerce, 
and in addition to the Committees on Ways and Means, and 
Agriculture, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as 
fall within the jurisdiction of the committee concerned. On 
February 25, 2010, H.R. 4678 was referred to the Subcommittee 
on Commerce, Trade, and Consumer Protection. Similar 
legislation in the Senate was introduced as S. 1606 by Sen. 
Whitehouse of Rhode Island on August 6, 2009.
    On June 16, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on two bills, 
including H.R. 4678. Testimony was received from 
representatives of the CPSC, Consumers Union, and the American 
Association of Exporters and Importers, as well as from a 
professor of law, and a former police officer whose family 
members suffered health problems from toxic Chinese drywall in 
their home.
    On June 30, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded 
H.R. 4678, amended, to the full Committee, by a voice vote.
    On July 21, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 4678, which it 
subsequently ordered reported favorably to the House, amended, 
by a rollcall vote of 31-22.
    On December 16, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 4678 (H. Rept. 111-683, Part 1).
    No further action was taken on H.R. 4678 in the 111th 
Congress.

              NATIONAL MANUFACTURING STRATEGY ACT OF 2010

                          (H.R. 4692, S. 3662)

    To require the President to prepare a quadrennial National 
Manufacturing Strategy.

Summary

    H.R. 4692 directs the President, every four years, to 
submit to Congress, and publish on a public website, a National 
Manufacturing Strategy, with the first edition due one year 
after enactment.
    To facilitate this task, the bill directs the President to 
establish ``the President's Manufacturing Strategy Board'' 
within the Department of Commerce, with members drawn from both 
the public and private sector, to: (1) advise the President and 
Congress on issues affecting the nation's manufacturing sector; 
(2) conduct a comprehensive analysis of such sector; (3) 
develop a Strategy; and (4) report annually to the President 
and Congress on the current state of U.S. manufacturing. 
Through the development of each Strategy, the President must 
enter into an agreement with the National Academy of Sciences 
(NAS) to conduct a study concerning U.S. manufacturing and 
related assessments and reviews, with results to be reported to 
both the President and Congress.
    The President is also required to evaluate each annual 
budget and include information regarding that budget's 
consistency with the goals and recommendations included in the 
latest Strategy. Lastly, the Comptroller General must submit to 
Congress an assessment and analysis of the Strategy in the 
years 2013, 2017, and 2021.

Legislative History

    On February 25, 2010, H.R. 4692 was introduced by Rep. 
Lipinski and referred to the Committee on Energy and Commerce, 
and in addition to the Committee on the Budget, for a period to 
be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the 
jurisdiction of the committee concerned. On February 26, 2010, 
H.R. 4692 was referred to the Subcommittee on Commerce, Trade, 
and Consumer Protection. Similar legislation in the Senate was 
introduced as S. 3662 by Sen. Stabenow of Michigan on July 28, 
2010.
    On July 14, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on H.R. 4692. 
Testimony was received from the federal Chief Technology 
Officer, the CEO of an Illinois steel company, an economic 
policy scholar, a researcher of defense research programs, and 
representatives from a non-profit advocate for domestic 
manufacturing and an association of machinists and aerospace 
workers.
    On July 21, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection was discharged from further consideration 
of H.R. 4692, and the full Committee met in open markup session 
to consider the measure. H.R. 4692 was ordered favorably 
reported to the House, amended, by a voice vote.
    On July 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 4692 (H. Rept. 111-574).
    On July 28, 2010, the Committee on the Budget was 
discharged from further consideration of H.R. 4692.
    On July 28, 2010, H.R. 4692 was considered in the House 
under suspension of the rules and passed, as amended, by a 
rollcall vote of 379-38.
    On July 29, 2010, H.R. 4692 was received in the Senate. On 
August 5, 2010, H.R. 4692 was read twice and referred to the 
Committee on Commerce, Science, and Transportation.
    No further action was taken on H.R. 4692 in the 111th 
Congress.

CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT ASSISTANCE ACT OF 2010

                              (H.R. 5156)

    To provide for the establishment of a Clean Energy 
Technology Manufacturing and Export Assistance Fund to assist 
United States businesses with exporting clean energy technology 
products and services.

Summary

    H.R. 5156 establishes a fund administered by the 
International Trade Administration (ITA) to assist United 
States businesses with manufacturing and exporting clean energy 
technology products and services. The purpose of the bill is to 
ensure that clean energy technology firms, including parts 
suppliers and engineering and design firms, have the 
information and assistance they need to compete domestically 
and globally and to create jobs in the United States. The fund 
would be used to promote policies that reduce production costs 
and encourage innovation, investment, and productivity, as well 
as to implement a national clean energy technology export 
strategy.
    Under H.R. 5156, United States businesses are given 
information, tools, and other assistance to promote clean 
energy technology manufacturing in the United States, and 
facilitate the export of clean energy technology products and 
services. The Secretary of Commerce must report to Congress 
within the first six months regarding use of funds, and after 
five years to assess the program's effectiveness and whether it 
should be continued.

Legislative History

    H.R. 5156 was developed after a series of meetings among 
staff, scholars, and stakeholders, as well as a hearing on 
relevant issues.
    On October 7, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a hearing titled ``Growing U.S. 
Trade in Green Technology.'' Testimony was received from the 
Deputy Assistant Secretary for Manufacturing and Services at 
the Department of Commerce, the president of a business 
coalition for sustainable energy, a representative of the 
General Electric Company, and two scholars--one a professor and 
one a public policy fellow--with expertise in international 
economics.
    On April 27, 2010, H.R. 5156 was introduced by Rep. Matsui 
and referred to the Committee on Foreign Affairs, and in 
addition to the Committee on Energy and Commerce, for a period 
to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the 
jurisdiction of the committee concerned. On April 28, 2010, 
H.R. 5156 was referred to the Subcommittee on Commerce, Trade, 
and Consumer Protection. The Subcommittee held a hearing on 
H.R. 5156 on June 16, 2010.
    On June 30, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded 
H.R. 5156, amended, to the full Committee by a voice vote.
    On July 21, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 5156, which it 
subsequently ordered reported favorably to the House, amended, 
by a voice vote.
    On July 27, 2010, the Committee on Energy and Commerce 
reported H.R. 5156 to the House, amended (H. Rept. 111-572, 
Part I).
    On July 27, 2010, the Committee on Foreign Affairs was 
discharged from further consideration of H.R. 5156.
    On July 28, 2010, H.R. 5156 was considered in the House 
under suspension of the rules and passed, as amended, by a 
voice vote.
    On July 29, 2010, H.R. 5156 was received in the Senate. On 
August 5, 2010, H.R. 4692 was read twice and referred to the 
Committee on Commerce, Science, and Transportation.
    No further action was taken on H.R. 4692 in the 111th 
Congress.

                    MOTOR VEHICLE SAFETY ACT OF 2010

                          (H.R. 5381, S. 3302)

    To require motor vehicle safety standards relating to 
vehicle electronics and to reauthorize and provide greater 
transparency, accountability, and safety authority to the 
National Highway Traffic Safety Administration.

Summary

    H.R. 5381 improves auto safety and strengthens the vehicle 
safety programs at the National Highway Traffic Safety 
Administration (NHTSA). The bill has four key objectives: (1) 
improve electronics expertise at NHTSA and develop new vehicle 
safety standards; (2) increase transparency and accountability 
in auto safety; (3) provide additional resources to NHTSA; and 
(4) improve the enforcement authorities of NHTSA.

Legislative History

    H.R. 5381 was developed after a series of hearings related 
to motor vehicle safety. Similar legislation was introduced in 
the Senate as S. 3302 by Sen. Rockefeller of West Virginia on 
May 4, 2010.
    On May 18, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing titled ``Auto Safety: 
Current Mandates and Emerging Issues.'' Testimony was received 
from the former administrator of the National Highway Traffic 
Safety Administration (NHTSA), as well as current 
representatives of NHTSA, the National Transportation Safety 
Board, an automobile manufacturers' industry group, an auto 
insurance industry group, and two auto safety advocacy groups.
    On March 11, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing titled ``NHTSA Oversight: 
The Road Ahead.'' Testimony was received from the Administrator 
of NHTSA, the former Administrator of NHTSA, and 
representatives of a consumer advocacy group and an automobile 
manufacturers' industry association.
    On May 6, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on draft 
language of the Motor Vehicle Safety Act of 2010. Testimony was 
received from the Administrator of NHTSA, the former 
Administrator of NHTSA, representatives of two associations for 
automobile manufacturers, the executive director of an auto 
safety consumer advocacy group, and an information policy 
scholar.
    On May 20, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session to consider 
draft language of the Motor Vehicle Safety Act of 2010.
    On May 25, 2010, H.R. 5381 was introduced by Rep. Waxman 
and referred to the Committee on Energy and Commerce.
    On May 26, 2010, the Committee on Energy and Commerce met 
in open markup to consider H.R. 5381, which it subsequently 
ordered reported favorably to the House, amended, by a rollcall 
vote of 31-21.
    On July 14, 2010, the Committee on Energy and Commerce 
reported H.R. 5381 to the House, amended (H. Rept. 111-536).
    No further action was taken on H.R. 5381 in the 111th 
Congress.

                           BEST PRACTICES ACT

                              (H.R. 5777)

    To foster transparency about the commercial use of personal 
information and provide consumers with meaningful choice about 
the collection, use, and disclosure of such information.

Summary

    H.R. 5777 requires a covered entity to make available to 
individuals information about the covered entity's privacy 
practices, including a description of the information collected 
and the specific purposes for such collection. The FTC is 
directed to determine the means and timing of notices, may 
allow for or require shorter notices, and may issue model 
notices. A covered entity must provide an individual with the 
ability to opt out of the collection and use of covered 
information and must obtain express affirmative consent before 
collecting, using, or disclosing sensitive information. A 
covered entity that participates in a Safe Harbor Self-
Regulatory Choice Program approved by FTC is not subject to 
certain requirements.
    H.R. 5777 also includes data security, access, data 
minimization, accountability, and accuracy requirements. The 
bill grants enforcement authority to FTC and the states, 
including civil penalty authority, and grants FTC streamlined 
rulemaking authority to implement the bill. Finally, the bill 
authorizes a limited private right of action and contains a 
preemption provision of certain state laws that expressly 
require covered entities to implement requirements with respect 
to the collection, use, or disclosure of covered information. 
The preemption provision does not apply to state laws that 
address health information or financial information, data 
breach laws, trespass, contract, or tort laws, and other laws 
that relate to acts of fraud.

Legislative History

    H.R. 5777 was developed after a series of hearings related 
to data privacy.
    On June 18, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a joint hearing with the Subcommittee 
on Communications, Technology and the Internet titled 
``Behavioral Advertising: Industry Practices and Consumers' 
Expectations.'' Testimony was received from a consumer privacy 
advocate; the president of an industry research firm; the 
executive director of an industry coalition devoted to self-
regulation of privacy practices; a professor of computer 
science and public affairs; and privacy officers from three 
large internet corporations, including Yahoo!, Facebook, and 
Google.
    On November 19, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a joint hearing with the 
Subcommittee on Communications, Technology and the Internet 
titled ``Exploring the Offline and Online Collection and Use of 
Consumer Information.'' Testimony was received from a leading 
privacy advocate, a professor with expertise on information 
privacy, an internet marketing executive for a small 
educational retailer, and privacy officers for a marketing 
firm, a market research firm, and Wal-Mart Stores, Inc.
    On February 24, 2010, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a joint hearing with the 
Subcommittee on Communications, Technology and the Internet 
titled ``The Collection and Use of Location Information for 
Commercial Purposes.'' Testimony was received from a professor 
with expertise on computer science, engineering, and public 
policy; the director of an internet safety advocacy group; the 
general counsel of a wireless communications industry 
association; and representatives of three firms with business 
based on location-data technology.
    On July 19, 2010, H.R. 5777 was introduced by Rep. Rush and 
referred to the Committee on Energy and Commerce.
    On July 22, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on H.R. 5777, as 
well as on a different discussion draft related to privacy.
    No further action was taken on H.R. 5777 in the 111th 
Congress.

                   TOXIC CHEMICALS SAFETY ACT OF 2010

                          (H.R. 5820, S. 3209)

    To amend the Toxic Substances Control Act to ensure that 
the public and the environment are protected from risks of 
chemical exposure.

Summary

    H.R. 5820 would establish a risk-based framework to ensure 
that all chemical substances to which the American people are 
exposed will be reviewed for safety and restricted where 
necessary to protect public health and the environment. The 
chemical industry would be required to develop and provide to 
the EPA essential data to inform this review. H.R. 5820 would 
authorize EPA to exempt chemicals already known to be safe from 
certain requirements of the act, and would direct EPA to 
prioritize chemicals for review based on existing evidence of 
risk. The bill also would improve EPA's authority to compel 
testing where necessary. Non-confidential information submitted 
to EPA would be shared with the public, and critical 
confidential information would be shared among regulators, with 
states, and with workers in the chemical industry.
    H.R. 5820 would create incentives, as well as a review 
process, for safer alternatives to existing chemicals, 
promoting innovation and investment in green chemistry. 
Chemical manufacturers and processors would be required to 
provide basic information on chemical safety to their 
commercial purchasers (with protections for confidential 
information), allowing downstream users to identify and select 
safer materials. A workforce education and training program in 
green chemistry would be created, promoting and ensuring the 
long-term viability of American jobs.
    Other provisions of H.R. 5820 would establish an expedited 
process for EPA to reduce exposure to chemical substances that 
are known to be persistent, bioaccumulative, and toxic (PBT); 
promote research to advance understanding of children's 
vulnerability to the harms of chemicals; direct EPA to address 
community exposures to toxic chemicals in certain ``hot spot'' 
locations; encourage the reduction of the use of animals in 
chemical testing; and require EPA to engage in international 
efforts to control dangerous chemicals.

Legislative History

    H.R. 5820 was developed after a series of hearings related 
to regulation of toxic substances. Similar legislation was 
introduced in the Senate as S. 3209 by Sen. Lautenberg of New 
Jersey on April 15, 2010.
    On November 17, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a hearing titled ``Prioritizing 
Chemicals for Safety Determination.'' Testimony was received 
from representatives of EPA, the Centers for Disease Control 
and Prevention, a policy organization for international 
environmental law, an industry association for manufacturers of 
grocery products, and a chemical manufacturers' association.
    On March 4, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing titled ``TSCA and 
Persistent, Bioaccumulative, and Toxic Chemicals: Examining 
Domestic and International Actions.'' Testimony was received 
from representatives of EPA, the Bureau of Oceans at the 
Department of State, the Washington state Department of 
Ecology, the Natural Resources Defense Council, and an industry 
association for producers of metals, as well as a former 
principal environmental scientist for the Procter and Gamble 
Company.
    On July 22, 2010, H.R. 5820 was introduced by Rep. Rush and 
referred to the Committee on Energy and Commerce. On July 26, 
2010, H.R. 5820 was referred to the Subcommittee on Commerce, 
Trade, and Consumer Protection.
    On July 29, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a legislative hearing on H.R. 5820. 
Testimony was received from representatives of EPA, two 
chemicals industry associations, and three environmental 
protection advocacy groups, as well as from the vice president 
of a small construction company.
    No further action was taken on H.R. 5820 in the 111th 
Congress.

                 COIN AND PRECIOUS METAL DISCLOSURE ACT

                              (H.R. 6149)

    To require disclosures to consumers by coin and precious 
metal bullion dealers.

Summary

    H.R. 6149 requires those who sell bullion or certain coins 
as investments to disclose prior to sale all fees associated 
with purchasing the items, the items' purchase price, the value 
of the metal in them, and the value for which they could be 
sold to other dealers. The bill does not apply to rare and 
collectible coins whose value is not significantly attributable 
to their metal content and is not affected by the price of 
precious metals. In addition, the bill allows the FTC to 
require additional disclosures through rulemaking.

Legislative History

    On September 16, 2010, H.R. 6149 was introduced by Rep. 
Weiner of New York and referred to the Committee on Energy and 
Commerce.
    On September 23, 2010, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a hearing on H.R. 6149. Testimony 
was received from a private citizen who had been a customer of 
a gold firm, a professor of business, and representatives of 
FTC, Consumers Union, and a company that sells gold as an 
investment.
    No further action was taken on H.R. 6149 in the 111th 
Congress.

REQUESTING THAT THE PRESIDENT TRANSMIT TO THE HOUSE OF REPRESENTATIVES 
 ALL INFORMATION IN HIS POSSESSION RELATING TO SPECIFIC COMMUNICATIONS 
                    WITH CHRYSLER LLC (``CHRYSLER'')

                             (H. Res. 462)


Summary

    H. Res. 462 requests the President, not later than 14 days 
after adoption of the resolution, to provide the House 
information relating to communications with Chrysler LLC. 
Specifically, the resolution seeks documents in the President's 
possession referring or relating to scheduled Chrysler plant 
closings: (1) that were discussed as part of the required 
February 17, 2009, Chrysler viability determination filing; (2) 
that were identified in the March 30, 2009, announcement by the 
Administration; (3) that were prepared for the 11:30 a.m. 
conference call on April 30, 2009, between members of the 
President's Auto Task Force (hereafter in this resolution 
referred to as the ``Task Force'') and Members of Congress, 
including transcripts; (4) revealing the President's knowledge 
regarding such plant closings prior to March 30, 2009; (5) 
included in Chrysler's April 30, 2009, bankruptcy filing in New 
York; (6) that identifies who was aware of such plant closings 
that would be announced prior to April 30, 2009, among the 
Administration, Chrysler, the Task Force, and the International 
Union, United Automobile, Aerospace and Agricultural Implement 
Workers of America (also referred to as the ``UAW''); and (7) 
the interaction and procedures for identifying the 789 Chrysler 
dealerships in the United States scheduled for closure, as 
announced on May 14, 2009.

Legislative History

    On May 20, 2009, H. Res. 462 was introduced by Rep. 
LaTourette of Ohio and referred to the Committee on Energy and 
Commerce.
    The Committee met in open session on June 10, 2009, and 
considered H. Res. 462. Subsequently, the Committee ordered H. 
Res. 462 reported to the House without amendment and without 
recommendation by a voice vote.
    On June 12, 2009, the Committee on Energy and Commerce 
filed the House report on H. Res. 462 without recommendation 
(H. Rept. 111-147).
    There was no further action on H. Res. 462 in the 111th 
Congress.

                          Oversight Activities


 IMPLEMENTATION OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008

    On January 16, 2009, Chairmen Waxman and Rush, together 
with Sens. Rockefeller and Pryor, sent a letter to the CPSC 
expressing concerns over the Commission's implementation of the 
Consumer Product Safety Improvement Act of 2008 (P.L. 110-314). 
This letter, which urged Acting Chair Nancy Nord and 
Commissioner Thomas Moore to take swift corrective action, 
highlighted four issues of particular concern: (1) 
Applicability of testing and certification requirements to 
certain children's books and certain children's apparel; (2) 
Guidance to resellers of children's products such as thrift and 
consignment stores; (3) Component part testing; and (4) 
Guidance to small business generally.
    On February 5, 2009, Chairmen Waxman and Rush, together 
with Sens. Rockefeller and Pryor, sent a letter to the CPSC to 
urge that Acting Chair Nancy Nord and Commissioner Thomas Moore 
act before February 10, 2009, to establish interim industry 
guidance and a clear timeline for full compliance with the 
Consumer Product Safety Improvement Act of 2008 (P.L. 110-314).

          LEADERSHIP OF THE CONSUMER PRODUCT SAFETY COMMISSION

    On February 4, 2009, Chairmen Waxman and Rush, together 
with Sens. Rockefeller and Pryor, sent a letter to President 
Obama to request an immediate change of leadership at the CPSC, 
citing the inability of the Commission's leaders to effectively 
implement the provisions of the Consumer Product Safety 
Improvement Act of 2008 (P.L. 110-314). This letter also 
highlighted broader dysfunction at the Commission, resulting in 
a lack of guidance to industry and the proliferation of fear 
and misinformation about the Act.

        CONSUMER PROTECTION IN THE USED AND SUBPRIME CAR MARKET

    On March 17, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing titled 
``Stimulating the Economy through Trade: Examining the Role of 
Export Promotion.'' The Subcommittee examined the extent to 
which U.S. exports could aid economic growth, with a particular 
focus on the impact of export promotion programs sponsored by 
the federal government, and the assistance available to help 
U.S. businesses expand markets for U.S. products. Witnesses 
included representatives of the International Trade 
Administration at the Department of Commerce, the Foreign 
Agriculture Service at the Department of Agriculture, the 
Government Accountability Office, the National Association of 
Manufacturers, and the U.S. Chamber of Commerce.

EXAMINING THE STATUS OF U.S. TRADE WITH CUBA AND ITS IMPACT ON ECONOMIC 
                                 GROWTH

    On April 27, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing titled 
``Examining the Status of U.S. Trade with Cuba and its Impact 
on Economic Growth.'' The Subcommittee examined the economic 
embargo against Cuba in the context of the global financial 
downturn and explored the potential economic impact of 
normalizing U.S.-Cuba trade relations. Witnesses included the 
former Chief of Mission at the U.S. Interests Section in 
Havana, as well as representatives of the International Trade 
Administration at the Department of Commerce, the Bureau of 
Industry and Security at the Department of Commerce, the U.S. 
Chamber of Commerce, and two non-profit organizations, one that 
promotes U.S.-Cuba trade and the other that monitors human 
rights issues in Latin America.

   IT'S TOO EASY BEING GREEN: DEFINING FAIR GREEN MARKETING PRACTICES

    On June 9, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing titled ``It's Too 
Easy Being Green: Defining Fair Green Marketing Practices.'' 
The Subcommittee examined ``green'' marketing claims, their 
interpretation by consumers, and the role of the FTC in 
establishing guidelines for fair and effective green marketing 
practices. Witnesses included representatives of FTC, Consumers 
Union, and three different environmental standards-setting 
programs.

  U.S.-AFRICA TRADE RELATIONS: CREATING A PLATFORM FOR ECONOMIC GROWTH

    On June 24, 2009, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a joint oversight hearing, with the 
Committee on Foreign Affairs Subcommittee on Africa and Global 
Health titled ``U.S.-Africa Trade Relations: Creating a 
Platform for Economic Growth.'' The Subcommittees examined how 
increased trade with Sub-Saharan Africa could be an engine for 
both U.S economic recovery and Africa's economic growth. 
Witnesses included a professor with expertise on African 
economics, as well as representatives of the Office of the U.S. 
Trade Representative, the U.S. Trade and Development Agency, 
the International Trade Association at the Department of 
Commerce, The Corporate Council on Africa, the U.S. Chamber of 
Commerce, and Motorola.

  CONSUMER PRODUCT SAFETY COMMISSION OVERSIGHT: CURRENT ISSUES AND A 
                         VISION FOR THE FUTURE

    On September 10, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection held an oversight hearing titled 
``Consumer Product Safety Commission Oversight: Current Issues 
and a Vision for the Future.'' The Subcommittee received the 
testimony of Chairman Inez Tenenbaum, which outlined a vision 
for the Commission under her leadership.

 THE MINORITY BUSINESS DEVELOPMENT AGENCY: ENHANCING THE PROSPECTS FOR 
                                SUCCESS

    On October 15, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection held an oversight hearing titled ``The 
Minority Business Development Agency: Enhancing the Prospects 
for Success.'' The Subcommittee examined how the Minority 
Business Development Agency (MBDA), in consultation with the 
Department of Commerce, can optimize use of its resources in 
order to create more opportunities for minority business owners 
and workers. Witnesses included the National Director of MBDA, 
as well as the presidents of the Chicago Minority Business 
Development Council, the El Paso (TX) Hispanic Chamber of 
Commerce, and the U.S. Pan Asian American Chamber of Commerce.

  THE NFL STARCAPS CASE: ARE SPORTS' ANTI-DOPING PROGRAMS AT A LEGAL 
                              CROSSROADS?

    On November 3, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection held an oversight hearing titled ``The 
NFL StarCaps Case: Are Sports' Anti-Doping Programs at a Legal 
Crossroads?'' The Subcommittee examined the integrity of the 
drug-testing programs and policies of professional sports 
leagues in light of a recent federal court ruling regarding 
state preemption of these collectively bargained policies. 
Witnesses included the commissioner of the National Football 
League, the executive director of the National Football League 
Players Association, an executive at Major League Baseball, the 
general counsel of the Major League Baseball Players 
Association, CEO of the U.S. Anti-Doping Agency, and two 
professors of law with expertise on sports law.

    DRIVEN TO DISTRACTION: TECHNOLOGICAL DEVICES AND VEHICLE SAFETY

    On November 4, 2009, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a joint oversight hearing, with 
the Subcommittee on Communications, Technology, and the 
Internet titled ``Driven to Distraction: Technological Devices 
and Vehicle Safety.'' The Subcommittee examined safety issues 
concerning drivers distracted by wireless or other electronic 
communications devices built in or brought into the vehicle. 
Witnesses included the Secretary of Transportation and the 
Chairman of the Federal Communications Commission, as well as 
representatives of a wireless communications industry 
association, an automobile manufacturers' industry association, 
and four organizations that study transportation safety.

     THE BP OIL SPILL AND GULF COAST TOURISM: ASSESSING THE IMPACT

    On July 27, 2010, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing titled ``The BP 
Oil Spill and Gulf Coast Tourism: Assessing the Impact.'' The 
Subcommittee examined both the damages suffered by the tourism 
industry in the Gulf region and the process by which the 
independent Gulf Coast Claims Facility will evaluate tourism-
related claims. Witnesses included the administrator of the 
Gulf Coast Claims Facility, the president of the U.S. Travel 
Association, the owner of a New Orleans-based restaurant group, 
as well as representatives from the tourism or food and lodging 
associations of the Alabama Gulf Coast, the Mississippi Gulf 
Coast, and Florida.

  IMPLEMENTATION OF THE VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT

    On August 5, 2010, Chairman Waxman sent a letter to four 
Commissioners and the Chairman of the Consumer Product Safety 
Commission (CPSC) to reexamine the manner in which it had 
implemented the Virginia Graeme Baker Pool and Spa Safety Act 
(P.L. 110-140). Specifically, this letter expressed concern 
about pool drain covers that could be considered safe under 
CPSC rules but that recent evidence demonstrated were not safe.

                             Hearings Held

    Revisiting the Toxic Substances Control Act of 1976.--
Hearing on critical gaps in the statute and how these gaps 
hinder effective chemical safety policy in the United States. 
Hearing held on February 26, 2009. PRINTED, Serial No. 111-7.
    Consumer Protection in the Used and Subprime Car Market.--
Hearing on the current state of consumer protection in the auto 
market, with particular attention to purchases by lower income 
individuals. Hearing held on March 5, 2009. PRINTED, Serial No. 
111-9.
    Stimulating the Economy through Trade: Examining the Role 
of Export Promotion.--Hearing on the role of exports in U.S. 
economic growth, the impact of export promotion programs 
sponsored by the federal government, and the assistance 
available to help U.S. businesses expand markets for U.S. 
products. Hearing held on March 17, 2009. PRINTED, Serial No. 
111-15.
    Consumer Credit and Debt: The Role of the Federal Trade 
Commission in Protecting the Public.--Hearing on the role of 
the Federal Trade Commission in consumer credit and debt 
issues. Hearing held on March 24, 2009. PRINTED, Serial No. 
111-19.
    H.R. 1706, Protecting Consumer Access to Generic Drugs Act 
of 2009.--Legislative hearing on a bill designed to protect 
consumer access to generic drugs. Hearing held on March 31, 
2009. PRINTED, Serial No. 111-25.
    Examining the Status of U.S. Trade with Cuba and its Impact 
on Economic Growth.--Hearing on the economic embargo against 
Cuba in the context of the global financial downturn and to 
explore the potential economic impact of normalizing U.S.-Cuba 
trade relations. Hearing held on April 27, 2009. PRINTED, 
Serial No. 111-32.
    The Bowl Championship Series: Money and Other Issues of 
Fairness for Publicly Financed Universities.--Hearing on issues 
of competitive fairness and the extent to which public colleges 
and universities are adversely impacted by the inequitable 
distribution of revenue generated from the Bowl Championship 
Series system. Hearing held on May 1, 2009. PRINTED, Serial No. 
111-34.
    H.R. 2221, the Data Accountability and Trust Act and H.R. 
1319, the Informed P2P User Act.--Legislative hearing on two 
consumer protection bills. Hearing held on May 5, 2009. 
PRINTED, Serial No. 111-36.
    H.R. 2309, the Consumer Credit and Debt Protection Act and 
H.R. 2190, the Mercury Pollution Reduction Act.--Legislative 
hearing on two consumer protection bills. Hearing held on May 
12, 2009. PRINTED, Serial No. 111-38.
    Auto Safety: Current Mandates and Emerging Issues.--Hearing 
on the status of existing congressional mandates on the 
National Highway Traffic Safety Administration (NHTSA) as well 
as emerging issues in vehicle, highway, passenger, and 
pedestrian safety in preparation for NHTSA reauthorization. 
Hearing held on May 18, 2009. PRINTED, Serial No. 111-40.
    It's Too Easy Being Green: Defining Fair Green Marketing 
Practices.--Hearing on ``green'' marketing claims, their 
interpretation by consumers, and the role of the FTC in 
establishing guidelines for fair and effective green marketing 
practices. Hearing held on June 9, 2009. PRINTED, Serial No. 
111-45.
    Behavioral Advertising: Industry Practices and Consumers' 
Expectations.--Joint hearing with the Subcommittee on 
Communications, Technology, and the Internet on the potential 
privacy implications of behavioral advertising. Hearing held on 
June 18, 2009. PRINTED, Serial No. 111-53.
    U.S.-Africa Trade Relations: Creating a Platform for 
Economic Growth.--Hearing on the opportunities and challenges 
of U.S. investment in and trade with Sub-Saharan Africa. 
Hearing held on June 24, 2009. PRINTED, Serial No. 111-55.
    The Proposed Consumer Financial Protection Agency: 
Implications for Consumers and the FTC.--Hearing on the 
Administration's proposal to create a new agency responsible 
for consumer protection with regard to financial products and 
services. Hearing held on July 8, 2009. PRINTED, Serial No. 
111-57.
    Oversight of Cemeteries and Other Funeral Services: Who's 
in Charge?--Hearing on consumer protections relating to 
funerals and cemeteries. Hearing held on July 27, 2009. 
PRINTED, Serial No. 111-59.
    Consumer Product Safety Commission Oversight: Current 
Issues and a Vision for the Future.--Hearing on the 
relationship between Congress and the Consumer Product Safety 
Commission, with the Commission under new leadership. Hearing 
held on September 10, 2009. PRINTED, Serial No. 111-63.
    Growing U.S. Trade in Green Technology.--Hearing on the 
benefits and challenges of increasing U.S. involvement in the 
global green economy. Hearing held on October 7, 2009. PRINTED, 
Serial No. 111-68.
    The Minority Business Development Agency: Enhancing the 
Prospects for Success.--Hearing on the Department of Commerce's 
Minority Business Development Agency. Hearing held on October 
15, 2009. PRINTED, Serial No. 111-71.
    The NFL StarCaps Case: Are Sports' Anti-Doping Programs at 
a Legal Crossroads?--Hearing on the integrity of the drug-
testing programs and policies of professional sports leagues in 
light of a federal court ruling regarding state preemption of 
these collectively bargained policies. Hearing held on November 
3, 2009. PRINTED, Serial No. 111-78.
    Driven to Distraction: Technological Devices and Vehicle 
Safety.--Joint hearing with the Subcommittee on Communications, 
Technology, and the Internet on safety issues concerning 
drivers distracted by wireless or other electronic 
communications devices built in or brought into the vehicle. 
Hearing held on November 4, 2009. PRINTED, Serial No. 111-79.
    Prioritizing Chemicals for Safety Determination.--Hearing 
on the options for prioritizing chemicals for safety 
determinations in the event that the Committee amends the Toxic 
Substances Control Act (TSCA). Hearing held on November 17, 
2009. PRINTED, Serial No. 111-80.
    Exploring the Offline and Online Collection and Use of 
Consumer Information.--Joint hearing with the Subcommittee on 
Communications, Technology, and the Internet on the collection 
and commercial use of consumer data in the offline and online 
marketplace. Hearing held on November 19, 2009. PRINTED, Serial 
No. 111-83.
    H.R. 3993, the Calling Card Consumer Protection Act.--
Legislative hearing on a consumer protection bill relating to 
the use of telephone calling cards. Hearing held on December 3, 
2009. PRINTED, Serial No. 111-86.
    H.R. 3655, the Bereaved Consumer's Bill of Rights Act of 
2009.--Legislative hearing on a bill that would require the FTC 
to prescribe rules prohibiting unfair or deceptive acts or 
practices in the provision of funeral goods and services. 
Hearing held on January 27, 2010. PRINTED, Serial No. 111-93.
    The Collection and Use of Location Information for 
Commercial Purposes.--Hearing on privacy and other issues 
related to the commercial collection, use, and sharing of 
location-based information. Hearing held on February 24, 2010. 
PRINTED, Serial No. 111-98.
    TSCA and Persistent, Bioaccumulative, and Toxic Chemicals: 
Examining Domestic and International Actions.--Hearing on U.S. 
and international efforts to protect public health and the 
environment from persistent, bioaccumulative, and toxic 
chemicals, how the Toxic Substances Control Act (TSCA) is 
currently being used to manage these chemicals, and how the 
TSCA process might be improved. Hearing held on March 4, 2010. 
PRINTED, Serial No. 111-102.
    NHTSA Oversight: The Road Ahead.--Hearing on the operations 
of the National Highway Traffic Safety Administration. Hearing 
held on March 11, 2010. PRINTED, Serial No. 111-104.
    H.R. 1796, the Residential Carbon Monoxide Poisoning 
Prevention Act, and H.R. 4805, the Formaldehyde Standards for 
Composite Wood Products Act.--Legislative hearing on two 
consumer protection bills relating to environmental health and 
safety. Hearing held on March 18, 2010. PRINTED, Serial No. 
111-106.
    Public Sales of Hurricane Katrina/Rita FEMA Trailers: Are 
They Safe or Environmental Time Bombs?--Hearing on public sales 
by the General Services Administration of travel trailers and 
mobile homes that were purchased and provisioned by the Federal 
Emergency Management Agency (FEMA) as emergency housing for 
thousands of displaced Gulf Coast residents following 
Hurricanes Katrina and Rita. Hearing held on April 28, 2010. 
PRINTED, Serial No. 111-114.
    H.R. __, the Consumer Product Safety Enhancement Act.--
Hearing on a discussion draft relating to consumer product 
safety. Hearing held on April 29, 2010. PRINTED, Serial No. 
111-116.
    H.R. __, the Motor Vehicle Safety Act.--Legislative hearing 
on a discussion draft of the Motor Vehicle Safety Act, which 
would strengthen the National Highway Traffic Safety 
Administration and improve vehicle safety. Hearing held on May 
6, 2010. PRINTED, Serial No. 111-120.
    H.R. 4501, the Guarantee of a Legitimate Deal Act, and H.R. 
2480, the Truth in Fur Labeling Act.--Legislative hearing on 
two consumer protection bills, one relating to the sale of gold 
products and the other relating to Federal Trade Commission fur 
labeling requirements. Hearing held on May 13, 2010. PRINTED, 
Serial No. 111-123.
    H.R. 4678, the Foreign Manufacturers Legal Accountability 
Act and H.R. 5156, the Clean Energy Technology Manufacturing 
and Export Assistance Act.--Legislative hearing on two bills 
relating to the maintenance of a strong, fair manufacturing 
sector. Hearing held on June 16, 2010. PRINTED, Serial No. 111-
136.
    H.R. 4692, the National Manufacturing Strategy Act.--
Legislative hearing on a bill to require the President to 
formulate a National Manufacturing Strategy. Hearing held on 
July 14, 2010. PRINTED, Serial No. 111-143.
    H.R. 5777, the BEST PRACTICES Act, and a discussion draft 
to require notice to and consent of an individual prior to the 
collection and disclosure of certain personal information 
relating to that individual.--Legislative hearing on pending 
privacy legislation. Hearing held on July 22, 2010. PRINTED, 
Serial No. 111-147.
    The BP Oil Spill and Gulf Coast Tourism: Assessing the 
Impact.--Hearing on both the damages suffered by the Gulf 
region tourism industry and the process by which the 
independent Gulf Coast Claims Facility will evaluate tourism-
related claims. Hearing held on July 27, 2010. PRINTED, Serial 
No. 111-150.
    H.R. 5820, the Toxic Chemicals Safety Act of 2010.--
Legislative hearing on pending legislation which would amend 
the Toxic Substances Control Act of 1976 to ensure that the 
public and the environment are protected from risks resulting 
from chemical exposure. Hearing held on July 29, 2010. PRINTED, 
Serial No. 111-151.
    H.R. 6149, the Coin and Precious Metal Disclosure Act.--
Legislative hearing on a bill addressing the sale to consumers 
of gold and other precious metals for investment purchases. 
Hearing held on September 23, 2010. PRINTED, Serial No. 111-
160.
    Do-Not-Track Legislation: Is Now the Right Time? Hearing on 
the feasibility of establishing a mechanism that provides 
Internet users a simple and universal method to opt-out from 
having their online activity tracked by data-gathering firms. 
Hearing held on December 2, 2010. PRINTED, Serial No. 111-162.
      Subcommittee on Communications, Technology, and the Internet

                         Legislative Activities

              THE DIGITAL TELEVISION TRANSITION EXTENSION

                   Public Law 111-4 (S. 328, S. 352)

    To amend the Communications Act of 1934 and the Digital 
Television Transition and Public Safety Act of 2005 to extend 
for approximately four months the deadlines related to the 
transition from analog to digital television broadcasting.
Summary
    S. 352 requires the Federal Communications Commission (FCC) 
to extend for a 116-day period the licenses for recovered 
spectrum, including the license period and construction 
requirements associated with those licenses.
    The bill extends to July 31, 2009, provided additional 
budget authority is enacted, the deadline for requesting 
digital-to-analog converter box coupons. The bill, S. 352, 
authorizes upon request the issuance of one replacement coupon 
for each coupon that expired without being redeemed.
Legislative History
    On January 26, 2009, S. 328 was introduced and passed in 
the Senate with an amendment by unanimous consent.
    The bill was received by the House and held at the desk on 
January 27, 2009. On that day, the House called up S. 328, as 
amended, under suspension of the rules and at the conclusion of 
debate, the vote on the bill was postponed.
    On January 28, 2009, the House returned to the unfinished 
business and the vote was taken on S. 328, as amended, which 
failed to pass by a rollcall vote of 258-168, two-thirds of 
those voting in favor being required for passage under 
suspension of the rules.
    On January 29, 2009, S. 352, a bill similar to S. 328, was 
introduced and passed without amendment in the Senate by 
unanimous consent.
    On February 4, 2009, S. 352 was called up for consideration 
by the House and passed under a rule by a rollcall vote of 264-
158, clearing the measure for the White House.
    On February 9, 2009, S. 352 was presented to the President. 
On February 11, 2009, S. 352 was signed into law by the 
President and became Public Law 111-4.

               THE AMERICAN RECOVERY AND REINVESTMENT ACT

                  Public Law 111-5 (H.R. 1, H.R. 629)

    A legislative package to stimulate the economy through 
creation of jobs and promotion of investment.

Summary

    H.R. 1, the American Recovery and Reinvestment Act of 2009 
(Recovery Act), addressed broadband deployment and adoption in 
two primary ways. First, it created a grant program called the 
Broadband Technology Opportunities Program (BTOP), to be 
administered by the National Telecommunications and Information 
Administration (NTIA), an entity within the Department of 
Commerce. Second, the Recovery Act provided funding for a new 
broadband grant, loan, and loan guarantee program, the 
Broadband Initiatives Program (BIP), administered by the Rural 
Utility Service (RUS), an entity within the Department of 
Agriculture.

Legislative History

    On January 22, 2009, the Committee on Energy and Commerce 
met in open markup session to consider five committee prints of 
draft legislation on portions of the economic recovery package 
within the jurisdiction of the Committee. Following the 
approval of the committee prints relating to legislation on 
broadband, energy, and health, a unanimous consent request by 
Chairman Waxman was agreed to that all text after section 1 of 
H.R. 629, the Energy and Commerce Recovery and Reinvestment Act 
of 2009, be struck and replace with the text of the five 
committee prints approved by the Committee, as amended. H.R. 
629, as amended, was ordered favorably reported to the House.
    On January 26, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 625 (H. Rept. 111-7, Part 1). 
The legislative provision contained in this and other Committee 
reports became part of H.R. 1, the American Recovery and 
Reinvestment Act of 2009, which was introduced on January 26, 
2009.
    On January 28, 2009, H.R. 1 was considered by the House and 
passed by a rollcall vote of 244-188.
    On February 10, 2009, the Senate passed H.R. 1 with an 
amendment by a rollcall vote of 61-37. The Senate insisted upon 
their amendment, asked for a conference with the House, and 
appointed conferees: Inouye, Baucus, Reid, Cochran, and 
Grassley.
    The House agreed to a motion to disagree with the Senate 
amendment and agreed to a conference on February 10, 2009, by a 
rollcall vote of 403 to 0. The Speaker appointed the conferees 
from the House: Obey, Rangel, Waxman, Lewis of California, and 
Camp.
    On February 12, 2009, the conference report on H.R. 1 
(House Rept. 111-16) was filed in the House.
    On February 13, 2009, the House agreed to the conference 
report by a rollcall vote of 246-183. On the same day, the 
Senate agreed to the conference report by a rollcall vote of 
60-38, clearing the measure for the White House.
    On February 17, 2009, H.R. 1 was signed into law by the 
President and became Public Law 111-5.

                 THE LOCAL COMMUNITY RADIO ACT OF 2010

               Public Law 111-___ (H.R. 1147, H.R. 6533)

    To expand the ability of the FCC to license low-power FM 
(LPFM) radio stations while protecting full-power FM stations 
from any potential or actual interference.

Summary

    H.R. 1147 amends Section 632 of the Department of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act of 2001 in its entirety. The bill directs 
the FCC to modify its rules to eliminate third-adjacent minimum 
distance separation requirements between LPFM stations and 
full-power FM stations, including translator and booster 
stations. The bill directs the FCC to retain its rules adopted 
in 2000 that provide third-adjacent channel protection for 
full-power noncommercial FM stations that broadcast radio 
reading services via a subcarrier frequency from potential LPFM 
station interference. The bill directs the FCC to ensure, when 
licensing FM translator stations, that there is enough spectrum 
for both FM translator stations and LPFM stations, taking into 
consideration the needs of the local community.

Legislative History

    On February 24, 2009, Reps. Mike Doyle (D-PA) and Lee Terry 
(R-NE) introduced H.R. 1147, the Local Community Radio Act of 
2009. On February 24, 2009, H.R. 1147 was referred to the 
Committee on Energy and Commerce, and then referred to the 
Subcommittee on Communications, Technology, and the Internet on 
February 25, 2009.
    On June 11, 2009, the Subcommittee on Communications, 
Technology, and the Internet held a hearing on H.R. 1147, 
receiving testimony from a representative of the FCC and a 
consumer advocate.
    On October 8, 2009, the Subcommittee on Communications, 
Technology, and the Internet met in open markup session to 
consider H.R. 1147. Subsequently, the Subcommittee forwarded 
H.R. 1147, amended, to the full Committee by a voice vote.
    On October 15, 2009, the Committee on Energy and Commerce 
met in open markup session to consider H.R. 1147 as approved by 
the Subcommittee. The Committee ordered H.R. 1147 favorably 
reported to the House, as amended, by a voice vote.
    On December 14, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 1147 (H. Rept. 111-375).
    On December 16, 2009, H.R. 1147 passed the House, as 
amended, under suspension of the rules by a voice vote.
    On December 17, 2009, the Senate received H.R. 1147 with 
the House amendment and referred the legislation to the Senate 
Committee on Commerce, Science, and Transportation.
    On December 16, 2010, Reps. Doyle and Terry introduced a 
similar bill, H.R. 6533, the Local Community Radio Act of 2010, 
which was referred to the Committee on Energy and Commerce on 
December 16, 2010.
    On December 17, 2010, H.R. 6533 was called up on the House 
floor and passed under suspension of the rules by a voice.
    H.R. 6533 was received by the Senate on December 17, 2010.
    On December 18, 2010, H.R. 6533 was passed by the Senate 
without amendment by unanimous consent, clearing the measure 
for the White House.
    On December 28, 2010, H.R. 6533 presented to the President.
    H.R. 6533, as approved by the House and the Senate, was 
awaiting action by the President when this report was filed.

    THE COMMERCIAL ADVERTISEMENT LOUDNESS MITIGATION ACT (CALM ACT)

                Public Law 111-311 (H.R. 1084, S. 2847)

    To require the Federal Communications Commission to 
promulgate rules concerning the loudness levels of commercial 
advertisements accompanying any video programming broadcast or 
distributed by a multichannel video programming distributor.

Summary

    H.R. 1084, the ``Commercial Advertisement Loudness 
Mitigation Act'' or the ``CALM Act'', would require the FCC to 
incorporate into its rules the standard developed by an 
industry standards-setting body for moderating the loudness of 
commercials in comparison to the accompanying video 
programming.

Legislative History

    On February 13, 2009, H.R. 1084 was introduced by Rep. Anna 
G. Eshoo (D-CA) and referred to the Committee on Energy and 
Commerce. On February 23, 2009, H.R. 1084 was referred to the 
Subcommittee on Communications, Technology, and the Internet.
    On June 11, 2009, the Subcommittee on Communications, 
Technology, and the Internet held a hearing on H.R. 1084, 
receiving testimony from a representative of the FCC, a 
television industry association, a consumer advocacy 
association, and an engineer.
    On October 8, 2009, the Subcommittee on Communications, 
Technology, and the Internet met in open markup session to 
consider H.R. 1084 and favorably forwarded H.R. 1084 to the 
full Committee, amended, by a voice vote.
    On November 19, 2009, the Committee on Energy and Commerce 
met in open markup session to consider H.R. 1084 as approved by 
the Subcommittee. Subsequently, the Committee ordered H.R. 1084 
favorably reported to the House, as amended, by a voice vote.
    On December 14, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 1084 (H. Rept. 111-374).
    On December 15, 2009, H.R. 1084 passed the House, as 
amended, under suspension of the rules, by a voice vote.
    On December 16, 2009, the Senate received H.R. 1084 with 
the House amendment and referred the bill to the Senate 
Committee on Commerce, Science, and Transportation.
    Previously on December 8, 2009, S. 2847, a companion bill 
to H.R. 1084, was introduced by Sen. Whitehouse of Rhode Island 
and referred to the Senate Committee on Commerce, Science, and 
Transportation.
    On September 28, 2010, the Committee on Commerce, Science, 
and Transportation reported S. 2847, with an amendment. On 
September 29, 2010, the Senate report was filed on S. 2847 (S. 
Rept. 111-340).
    On September 29, 2010, S. 2847 was passed in the Senate 
with an amendment by unanimous consent.
    On November 15, 2010, the House received S. 2847, where it 
was held at the desk.
    On November 17, 2010, the House called up S. 2847 under 
suspension of the rules. Following completion of debate on the 
bill, further proceedings were postponed.
    On December 2, 2010, the House resumed unfinished business 
and passed S. 2847, as amended, under suspension of the rules 
by a voice vote, clearing the measure for the White House.
    On December 15, 2010, S. 2847 was signed into law by the 
President and became Public Law 111-311.

  TO ALLOW THE FUNDING FOR THE INTEROPERABLE EMERGENCY COMMUNICATIONS 
 GRANT PROGRAM ESTABLISHED UNDER THE DIGITAL TELEVISION TRANSITION AND 
 PUBLIC SAFETY ACT OF 2005 TO REMAIN AVAILABLE UNTIL EXPENDED THROUGH 
                            FISCAL YEAR 2012

                 Public Law 111-96 (H.R. 3633, S. 1694)

    To allow for the funding for the interoperable emergency 
communications grant program to remain available until expended 
through 2012.

Summary

    H.R. 3633 extends the funding window for the interoperable 
emergency communications grant program established under the 
Digital Television Transition and Public Safety Act of 2005. 
The Public Safety Interoperable Communications Program (PSIC) 
funds state projects that provide public safety personnel with 
interoperable communications equipment and training for system 
users. Under current law, funding for these critical 
interoperability projects will expire in September 2010. This 
extension will allow funds to remain available until expended 
through fiscal year 2012.

Legislative History

    On September 22, 2009, S. 1694 was introduced in the Senate 
and referred to the Committee on Commerce, Science, and 
Transportation.
    On September 23, 2009, H.R. 3633 was introduced in the 
House by Rep. Harman of California and referred to the 
Committee on Energy and Commerce. H.R. 3633 was subsequently 
referred to the Subcommittee on Communications, Technology, and 
the Internet on September 24, 2009.
    On October 8, 2009, the Subcommittee on Communications, 
Technology, and the Internet met in open markup session to 
consider the legislation and forwarded H.R. 3633 without 
amendment to the full Committee by a voice vote.
    On October 15, 2009, the Committee on Energy and Commerce 
met in open markup session and H.R. 3633 was ordered favorably 
reported without amendment by a voice vote.
    On October 14, 2009, the Senate companion bill to H.R. 
3633, S. 1694, was passed by the Senate by unanimous consent.
    On October 15, 2009, the House received S. 1694 and 
referred the bill to the Committee on Energy and Commerce.
    On October 28, 2009, S. 1694 was called up on the House 
floor and passed the House under suspension of the rules by a 
rollcall vote of 420-0, clearing the measure for the White 
House.
    On November 6, 2009, S. 1694 was signed into law by the 
President and became Public Law 111-96.

      THE SATELLITE TELEVISION EXTENSION AND LOCALISM ACT OF 2010

                Public Law 111-175 (H.R. 2994, S. 3333)

    To amend provisions of the Communications Act of 1934 to 
extend to December 31, 2014, allowing satellite retransmission 
of network station signals to a subscriber who is located 
outside of the local market of the station and resides in an 
unserved household.

Summary

    H.R. 2994, the ``Satellite Home Viewer Reauthorization Act 
of 2009'' (SHVRA), reauthorizes and amends certain provisions 
of the Communications Act of 1934 that govern satellite 
retransmission of television broadcast signals. The bill amends 
the Communications Act to account for the completion of the 
digital television transition; reauthorizes provisions of the 
Communications Act regarding certain good faith negotiating 
requirements set to expire at the end of 2009; improves 
regulatory parity between cable operators and satellite 
providers; creates incentives to expand local-into-local 
service to every television market in the United States, and 
directs the FCC to study two issues relating to the ability of 
consumers to receive local television signals.

Legislative History

    On June 16, 2009, the Subcommittee on Communications, 
Technology, and the Internet held a hearing on a discussion 
draft of the Satellite Home Viewer Reauthorization Act of 2009 
(SHVRA), receiving testimony from satellite television 
providers, content producers, a representative of television 
broadcasters and operators, and a satellite industry small 
business CEO.
    On June 23, 2009, H.R. 2994 was introduced by Subcommittee 
Chairman Boucher and referred to the House Committee on Energy 
and Commerce. On June 24, 2009, H.R. 2994 was referred to the 
Subcommittee on Communications, Technology, and the Internet.
    On June 25, 2009, the Subcommittee on Communications, 
Technology, and the Internet met in open mark-up session to 
consider H.R. 2994 and subsequently favorably forwarded H.R. 
2994, amended, to the full Committee by a voice vote.
    On October 15, 2009, the Committee on Energy and Commerce 
met in open mark up session to H.R. 2994 as approved by the 
Subcommittee. The Committee ordered H.R. 2994 favorably 
reported to the House, as amended, by a voice vote.
    On December 2, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 2994 (H. Rept. 111-349).
    On May 7, 2010, S. 3333, the Satellite Television Extension 
and Localism Act of 2010, was introduced and passed by 
unanimous consent in the Senate.
    On May 11, 2010, S. 3333 was received in the House. On May 
12, 2010, S. 3333 passed the House under suspension of the 
rules, by a voice vote, clearing the legislation for the White 
House.
    On May 27, 2010, S. 3333 was signed into law by the 
President and became Public Law 111-175.

                   THE TRUTH IN CALLER ID ACT OF 2010

                 Public Law 111-331 (S. 30, H.R. 1258)

    To protect against a practice commonly referred to as 
caller ID ``spoofing,'' where a caller falsifies the original 
caller ID information during the transmission of a phone call.

Summary

    H.R. 1258 amends the Communications Act of 1934 to make it 
unlawful for any person in the United States, in connection 
with any real time voice communications, regardless of the 
technology or network used, to cause any caller identification 
service to transmit misleading or inaccurate caller 
identification information (``spoofing'') with the intent to 
defraud or deceive. It prohibits construing this Act to prevent 
blocking caller identification and declares that this Act does 
not prohibit lawfully authorized investigative, protective, or 
intelligence activity of a law enforcement agency of the United 
States, a state, or a political subdivision of a state, or of a 
U.S. intelligence agency.

Legislative History

    On March 3, 2009, H.R. 1258 was introduced by Reps. Eliot 
Engel (D-NY) and Joe Barton (R-TX) and referred to the 
Committee on Energy and Commerce. On March 4, 2009, H.R. 1258 
was referred to the Subcommittee on Communications, Technology, 
and the Internet.
    On October 8, 2009, the Subcommittee on Communications, 
Technology, and the Internet met in open markup session and 
forwarded H.R. 1258, amended, to the full Committee, by a voice 
vote.
    On March 10, 2010, the Committee on Energy and Commerce met 
in open markup session and H.R. 1258 was ordered favorably 
reported, as amended, by a voice vote.
    On April 13, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 1258 (H. Rept. 111-461).
    On April 14, 2010, H.R. 1258 passed the House, as amended, 
under suspension of the rules by a voice vote.
    On April 15, 2010, the Senate received H.R. 1258 as amended 
by the House and placed the bill on the Senate Legislative 
Calendar.
    S. 30, the Senate companion bill to H.R. 1258, was 
introduced on January 7, 2009, and referred to the Committee on 
Commerce, Science, and Transportation. Consideration by the 
Senate Committee was held on November 11, 2009 and reported 
without amendment.
    On February 23, 2010, S. 30 passed the Senate with an 
amendment by unanimous consent.
    On February 24, 2010, S. 30 was received in the House and 
subsequently referred to the Committee on Energy and Commerce.
    On December 15, 2010, S. 30, as amended by the Senate, 
passed the House under suspension of the rules by a voice vote, 
clearing the measure for the White House.
    The bill S. 30, as approved by the House and the Senate, 
was presented to the President on December 17, 2010.
    On December 22, 2010, S. 30 was signed into law by the 
President and became Public Law 111-331.

TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010

                Public Law 111-260 (H.R. 3101, S. 3304)


MAKING TECHNICAL CORRECTIONS IN THE TWENTY-FIRST CENTURY COMMUNICATIONS 
                  AND VIDEO ACCESSIBILITY ACT OF 2010

                      Public Law 111-265 (S. 3828)

    To update the communications laws to help ensure that 
individuals with vision, hearing, and other disabilities are 
able to utilize fully broadband services and equipment and 
better access video programming devices.

Summary

    H.R. 3101 updates the communications laws to help ensure 
that individuals with disabilities are able to utilize fully 
communications services and equipment and better access video 
programming. The bill requires that all equipment that enables 
voice communications be compatible with hearing aids; requires 
makers of Internet access equipment, including hardware and 
software makers, to ensure that their products are accessible, 
unless doing so is not achievable; and requires providers of 
Internet access services or makers of Internet access equipment 
to make the user interfaces for such products accessible if 
achievable.
    The bill requires the FCC to conduct inquiries and issue 
reports to Congress regarding closed captioning and video 
description of programming, on user interfaces in equipment 
designed to display video programming, and on video programming 
guides and menus. H.R. 3101 also requires the FCC to issue 
regulations to ensure that equipment used to view video 
programming, including devices with small screens, be capable 
of displaying closed captioning, passing through video 
description services, and conveying emergency information.
    The bill reinstates the FCC's video description rules that 
were vacated by the D.C. Circuit Court of Appeals in 2002, and 
grants the Commission authority to expand the hourly 
requirements of those rules after a period of years and after a 
series of reports. H.R. 3101 requires the FCC to issue 
regulations to mandate the provision of closed captioning with 
video programming distributed over the Internet to ensure that 
video programming providers convey emergency information in a 
manner that is accessible to individuals who are visually 
impaired. Finally, H.R. 3101 requires that user interfaces for 
equipment used to view video programming are accessible and 
requires that remote controls for such devices have a button or 
functionally equivalent mechanism to access accessibility 
features.

Legislative History

    On June 26, 2009, H.R. 3101 was introduced by Rep. Edward 
J. Markey (D-MA) and referred to the Committee on Energy and 
Commerce. On July 7, 2009, H.R. 3101 was referred to the 
Subcommittee on Communications, Technology, and the Internet.
    On June 10, 2010, the Subcommittee on Communications, 
Technology, and the Internet held a hearing on H.R. 3101, 
receiving testimony from a person with disabilities, an 
organization representing Americans with disabilities, a 
telecommunications association, a wireless association, a cable 
association and a consumer electronics association.
    On June 30, 2010, the Subcommittee on Communications, 
Technology, and the Internet met in open markup session and 
forwarded H.R. 3101, amended, to the full Committee, by a voice 
vote.
    On July 21, 2010, the Committee on Energy and Commerce met 
in open markup session and H.R. 3101 was ordered favorably 
reported, as amended, by a voice vote.
    On July 26, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 3101 (H. Rept. 111-563). The 
same day, H.R. 3101 passed the House, under suspension of the 
rules, by a rollcall vote of 348-23.
    On July 27, 2010, the Senate received H.R. 3101 with the 
House amendment and on August 5, 2010, the bill was placed on 
the Senate Legislative Calendar. For further action on this 
bill, see action on S. 3304 and S. 3828.
    On August 3, 2010, S. 3304, a Senate companion bill to H.R. 
3101, was reported to the Senate, as amended, by the Senate 
Committee on Commerce, Science, and Transportation.
    On August 5, 2010, S. 3304 passed the Senate with an 
amendment by unanimous consent.
    On August 9, 2010, the House received S. 3304 and held the 
bill at the desk.
    On September 22, 2010, S. 3828, a bill to make technical 
corrections to S. 3304 and the amendments made by that Act, was 
introduced and passed in the Senate without amendment by 
unanimous consent.
    On September 23, 2010, S. 3828 was received in the House 
and referred to the Committee on Energy and Commerce.
    On September 28, 2010, the House called up both S. 3304, as 
amended, and S. 3828 and passed each bill under suspension of 
the rules by voice votes, clearing the measures for the White 
House.
    On September 30, 2010, both S. 3304 and S. 3828 were 
presented to the President.
    On October 8, 2010, S. 3304 was signed into law by the 
President and became Public Law 111-260.
    On October 8, 2010, S. 3828 were signed by the President 
and became Public Law 111-265.

                    THE RADIO SPECTRUM INVENTORY ACT

                              (H.R. 3125)

    To require an inventory of spectrum bands managed by the 
National Telecommunications and Information Administration 
(NTIA) and the Federal Communications Commission (FCC).

Summary

    H.R. 3125 requires the NTIA and the FCC to develop jointly 
a publicly-accessible spectrum inventory and submit regular 
reports to Congress regarding such an inventory. It also 
requires those agencies to make periodic recommendations as to 
which spectrum frequencies, if any, should be reallocated or 
otherwise made available for shared access.

Legislative History

    On July 8, 2009, Rep. Waxman of California with Reps. 
Boucher of Virginia, Barton of Texas, and Stearns of Florida, 
and 14 additional members of the Committee on Energy and 
Commerce, introduced H.R. 3125, the Radio Spectrum Inventory 
Act. The bill was referred to the Committee on Energy and 
Commerce on July 8, 2009. On July 9, 2009, H.R. 3125 was 
referred to the Subcommittee on Communications, Technology, and 
the Internet.
    On December 15, 2009, the Subcommittee on Communications, 
Technology, and the Internet held a hearing on H.R. 3125, 
receiving testimony from a public policy foundation, academia, 
a representative of a private corporation, a wireless 
association, a broadcasters association and a representative of 
a small technology company.
    On January 21, 2010, the Subcommittee on Communications, 
Technology, and the Internet met in open markup session to 
consider H.R. 3125. The Subcommittee adopted an Amendment in 
the Nature of a Substitute offered by Subcommittee Chairman 
Boucher and forwarded H.R. 3125 to the full Committee, amended, 
by a voice vote.
    On March 10, 2010, the Committee on Energy and Commerce met 
in open markup session on H.R. 3125, and adopted an amendment 
in the nature of a substitute (manager's amendment) by a voice 
vote, which was offered by Chairman Waxman on behalf of himself 
and Reps. Boucher, Barton, and Stearns. Subsequently, H.R. 3125 
was ordered favorably reported to the House, amended, by a 
voice vote.
    On April 13, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 3125 (H. Rept. 111-462).
    On April 14, 2010, the House passed H.R. 3125, as amended, 
under suspension of the rules, by a voice vote.
    On April 15, 2010, the Senate received H.R. 3125 as passed 
by the House, and referred the bill to the Senate Committee on 
Commerce, Science, and Transportation.
    There was no further action taken on H.R. 3125 in the 111th 
Congress. (Additional activity related to provisions of this 
legislation may be found in the Subcommittee's section on 
Oversight Activities under ``Spectrum Policy and Wireless 
Consumer Protection.'')

            THE SPECTRUM RELOCATION IMPROVEMENT ACT OF 2009

                              (H.R. 3019)

    To improve the process of clearing federal users from 
spectrum that has been reallocated for commercial use.

Summary

    H.R. 3019 amends the National Telecommunications and 
Information Administration Organization Act to require the NTIA 
to post on its website detailed transition plans from each 
federal entity that is eligible for payments from the Spectrum 
Relocation Fund for costs related to the reallocation of 
frequencies from federal to nonfederal use; requires the 
federal entities, to the fullest extent possible, to provide 
for sharing and coordination of eligible frequencies with 
commercial licensees; requires federal entities to complete 
spectrum relocation within one year of receiving relocation 
payments.

Legislative History

    On June 24, 2009, H.R. 3019 was introduced by Reps. Inslee 
of Washington, Boucher of Virginia, and Upton of Michigan, and 
referred to the Committee on Energy and Commerce. On June 25, 
2009, H.R. 3019 was referred to the Subcommittee on 
Communications, Technology, and the Internet.
    On December 15, 2009, the Subcommittee on Communications, 
Technology, and the Internet held a hearing on H.R. 3019, 
receiving testimony from policy groups, private companies, a 
wireless association, a broadcasters association, and academia.
    On January 21, 2010, the Subcommittee on Communications, 
Technology, and the Internet met in open markup session to 
consider the bill and forwarded H.R. 3019 to the full Committee 
without amendment by a voice vote.
    On March 10, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 3019 and subsequently 
ordered the bill favorably reported to the House without 
amendment by a voice vote.
    No further action was taken on H.R. 3019 in the 111th 
Congress.

                          Oversight Activities


               THE AMERICAN RECOVERY AND REINVESTMENT ACT

    The Subcommittee on Communications, Technology, and the 
Internet held general oversight hearings to examine issues 
related to the broadband programs created by the American 
Recovery and Reinvestment Act (Recovery Act), the Broadband 
Technology Opportunities Program (BTOP) established within the 
National Telecommunications and Information Administration 
(NTIA), and the Broadband Initiatives Program (BIP) 
administered by the Rural Utility Service (RUS) within the U.S. 
Department of Agriculture. The hearings examined efforts by the 
NTIA, the Federal Communications Commission (FCC), and the RUS 
to carry out the broadband programs established by the Recovery 
Act.
    The first of these hearings occurred on April 2, 2009. At 
the hearing, the Subcommittee received testimony from 
representatives of the NTIA, FCC, and RUS, as well as from 
industry stakeholders and other experts regarding 
implementation of the broadband programs.
    On September 10, 2009, the Subcommittee held another 
hearing at which it received testimony focusing on the BTOP and 
the BIP programs. This hearing featured the head of NTIA, 
Assistant Secretary for Communications and Information Lawrence 
E. Strickling as well as RUS Administrator Jonathan Adelstein.
    On March 4, 2010, the Subcommittee held a third hearing 
focusing on the BTOP and the BIP. Representatives of the NTIA 
and RUS testified before the subcommittee.

                     DIGITAL TELEVISION TRANSITION

    Since June 12, 2009, full-power television stations 
nationwide have been broadcasting exclusively in a digital 
format. The benefits of the DTV transition include more 
broadcast television programming with better picture and sound 
quality and the freeing up of spectrum for innovative and wide-
reaching wireless services.
    The Digital Television Transition and Public Safety Act of 
2005 (``DTV Act''), established February 17, 2009 as the date 
by which all full-power television stations must have converted 
to digital-only broadcasts. The DTV Act also established a 
coupon program administered by the NTIA that offered eligible 
households up to two $40 coupons, each of which could be used 
to acquire a converter box to enable analog televisions not 
connected to cable, satellite, or other pay-TV services to 
receive broadcasters' digital signals.
    On January 8, 2009, the Obama-Biden transition team asked 
the House Committee on Energy and Commerce and the Senate 
Committee on Commerce, Science and Transportation to consider 
postponing the DTV transition date. The President-elect's team 
cited numerous problems with the planned DTV transition, 
including inadequate consumer education and support, as well as 
the fact that over a million households were then on a waiting 
list to receive a coupon, with little hope of actually 
receiving one prior to the February 17, 2009, deadline. 
Congress responded to this request by passing S. 352, the DTV 
Delay Act, which set a new DTV transition date of June 12, 
2009. As part of the Recovery Act, Congress also appropriated 
$650 million for additional funding for the Converter Box 
Coupon Program and DTV transition consumer education efforts. 
S. 352, the DTV Delay Act, was signed by President Obama on 
February 11, 2009.
    On March 26, 2009, the Subcommittee held a hearing titled 
``Oversight of the Digital Television Transition.'' The hearing 
focused on the administration of the Converter Box Coupon 
Program by the NTIA, outreach and consumer education efforts by 
the FCC, and the status of the transition from the perspective 
of stakeholders.
    On April 9, 2009, Chairman Waxman and Subcommittee Chairman 
Boucher requested information from manufacturers and retailers 
of TV converter boxes to determine whether there would be an 
adequate supply of coupon-eligible converter boxes to meet 
demand during the transition to digital television.
    On November 9, 2009, Chairman Waxman and Subcommittee 
Chairman Boucher sent a letter to Acting Comptroller General of 
the Government Accountability Office (GAO) to request 
assistance in examining the status of low-power broadcast and 
TV translator stations' transition to digital-only broadcast.

                   FEDERAL COMMUNICATIONS COMMISSION

    During the 111th Congress, the Committee conducted vigorous 
oversight of the Federal Communications Commission. All five 
FCC Commissioners appeared before the Subcommittee on 
Communications, Technology, and the Internet twice, and FCC 
Chairman Genachowski appeared at an additional hearing devoted 
to the topic of distracted driving. Acting Chairman Copps also 
testified at an additional hearing on the digital television 
transition.
    On September 17, 2009, the Subcommittee on Communications, 
Technology and the Internet held a hearing titled ``Oversight 
of the Federal Communications Commission'' that became the 
first oversight hearing of the agency since Julius Genachowski 
became Chairman of the Commission. Other witnesses for the 
hearing were Commissioners Michael J. Copps, Robert M. 
McDowell, Mignon Clyburn, and Meredith Attwell Baker. Topics of 
the hearing included the National Broadband Plan (NBP), public 
safety interoperable broadband network, universal service and 
intercarrier compensation reform, special access, net 
neutrality, spectrum availability, wireless competition, as 
well as FCC management and process, among others.
    On November 17, 2009, Chairman Waxman and Subcommittee 
Chairman Boucher sent a letter to Acting Comptroller General of 
the GAO requesting assistance in examining a number of issues 
pertaining to the FCC's fee structure.
    On February 2, 2010, Chairman Waxman sent a letter to FCC 
Chairman Genachowski to express the importance of adopting 
permanent network neutrality rules that do not undermine 
copyright laws and efforts to protect content from theft.
    The Subcommittee also conducted oversight of the FCC's 
Broadband Plan through four separate hearings solely dedicated 
to the plan and topics therein. On March 25, 2010, the 
Subcommittee on Communications, Technology, and the Internet 
held another hearing at which it received testimony from all 
five FCC Commissioners concerning the NBP as well as on a 
variety of communications policy matters.
    On May 5, 2010, Chairman Waxman and Senate Committee on 
Commerce, Science, and Transportation Chairman Rockefeller sent 
a letter to Julius Genachowski, Chairman of the FCC, following 
the opinion of the U.S. Court of Appeals for the District of 
Columbia Circuit in Comcast Corp v. Federal Communications 
Commission. The ruling created legal and regulatory uncertainty 
regarding the FCC's authority to adopt regulations and 
implement the broad objectives of the NBP. The Chairmen called 
on the FCC to consider all viable options to move forward after 
the Comcast decision, including a change in the classification 
of broadband services, to protect broadband consumers and 
implement the NBP. The Chairmen noted that if there is a need 
to rewrite communications law to provide consumers, the FCC, 
and industry with an updated framework for telecommunications 
policy, they are committed as Committee Chairmen to doing so.

                        NATIONAL BROADBAND PLAN

    The Subcommittee on Communications, Technology, and the 
Internet held a series of oversight hearings following the 
FCC's release of its National Broadband Plan (NBP). The NBP was 
the result of provisions initially adopted by the Committee on 
Energy and Commerce during the January 22, 2009, markup of the 
broadband programs in title VI of the American Recovery and 
Reinvestment Act of 2009. The Committee adopted an amendment 
directing the FCC to submit a National Broadband Plan to 
Congress. The statute required that the plan seek to ensure 
that all American people have access to broadband capability 
and establish benchmarks for meeting that goal.
    The statute also required that the NBP include an analysis 
of the most effective mechanisms for ensuring broadband access; 
a strategy to achieve affordability for broadband access; an 
evaluation of the status of broadband deployment; and a plan 
for advancing broadband use in relation to a variety of 
national purposes, such as public safety, health care delivery, 
energy independence, and education.
    On March 16, 2010, after holding dozens of public 
workshops, issuing 31 public notices and receiving comments 
from more than 700 parties, the FCC released the NBP. 
Generally, the NBP presents an analysis of the state of 
broadband deployment and adoption in the United States and puts 
forth numerous recommendations for action by the FCC, the 
executive branch, and Congress.
    The first oversight hearing concerning the NBP, held on 
March 25, 2010, was titled ``Oversight of the Federal 
Communications Commission: The National Broadband Plan.'' All 
five FCC commissioners provided testimony.
    On April 21, 2010, the Subcommittee held the second in this 
series of hearings addressing issues raised in the NBP. Titled 
``The National Broadband Plan: Deploying Quality Broadband 
Services to the Last Mile,'' the hearing examined assessments 
in the NBP of the availability of broadband and how to best 
deploy it to areas that are unserved and underserved, so that 
all Americans can benefit from quality broadband services. 
Witnesses included a representative from the FCC and the RUS, a 
representative of a public utility association, consumer 
advocates, and an economist.
    On April 29, 2010, the Subcommittee held a third hearing, 
titled ``The National Broadband Plan: Competitive Availability 
of Navigation Devices,'' to examine recommendations in the NBP 
to stimulate competition and innovation in the market for set-
top boxes and other video navigation devices. The Subcommittee 
received testimony from a consumer advocate, a cable 
association, a satellite television provider, and companies 
that produce and utilize set-top boxes.
    On May 13, 2010, the Subcommittee held the fourth of this 
series of hearings addressing issues raised in the NBP. The 
hearing, titled ``The National Broadband Plan: Promoting 
Broadband Adoption,'' examined recommendations in the NBP for 
increasing broadband adoption, including ways to ensure that 
all Americans are able to subscribe to broadband and educating 
consumers about the benefits of broadband. The Subcommittee 
received testimony from the FCC, a state telecommunications 
representative, a library association, and non-profit 
organizations.

          INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS

    On June 4, 2009, the Subcommittee on Communications, 
Technology, and the Internet held a hearing to examine issues 
related to the Internet Corporation for Assigned Names and 
Numbers (ICANN), including the expiring Joint Project Agreement 
(JPA) between the Department of Commerce and ICANN, as well as 
ICANN's proposed introduction of new generic Top Level Domains 
(gTLDs). The Subcommittee received testimony from the 
Department of Commerce, the Chief Executive Officer of ICANN, a 
technology policy group, and industry representatives.
    On August 4, 2009, Chairman Waxman of California, Chairman 
Emeritus Dingell of Michigan, Subcommittee Chairman Boucher of 
Virginia, and Committee members Reps. Markey of Massachusetts, 
Stupak of Michigan, Eshoo of California, Doyle of Pennsylvania, 
Matsui of California, Christensen of the Virgin Islands, Space 
of Ohio, and McNerney of California sent a letter to U.S. 
Department of Commerce Secretary Locke regarding the expiration 
of the JPA between the United States and the ICANN, which 
promotes the stability, security, and functionality of the 
Internet Domain Name System (DNS). The members emphasized that 
rather than replacing the expiring JPA with additional JPAs or 
Memoranda of Understanding that expire every few years, a 
permanent instrument should be in place to ensure that ICANN 
remains perpetually accountable to the public and to all of its 
global stakeholders. Such permanent instrument should provide 
for periodic reviews of ICANN's performance with respect to 
transparency and accountability, create a mechanism for ICANN's 
implementation of any new gTLDs and internationalized domain 
names, and ensure that ICANN will adopt measures to maintain 
timely and public access to accurate and complete WHOIS 
information, as well as include commitments that ICANN will 
remain a not-for-profit corporation headquartered in the United 
States.

                 PUBLIC SAFETY BROADBAND COMMUNICATIONS

    During the 111th Congress, the Committee on Energy and 
Commerce conducted extensive oversight to ensure that our 
nation's first responders have access to interoperable networks 
that will allow them to communicate effectively during any 
emergency.
    On Thursday, September 24, 2009, the Subcommittee on 
Communications, Technology, and the Internet held a hearing 
titled ``A National Interoperable Broadband Network for Public 
Safety: Recent Developments.'' The hearing focused on three 
proposals that emerged in the aftermath of the FCC's 
unsuccessful auction of the ``D Block'' of 700 MHz spectrum in 
2008. The Subcommittee considered proposals from the Major 
Cities Chiefs Association and the Competitive Commercial 
Carriers, as well as a restructured auction of the D Block by 
the FCC based on a public/private partnership.
    On June 17, 2010, the Subcommittee held a hearing on a 
bipartisan staff discussion draft to provide funding for the 
construction and maintenance of a nationwide, interoperable 
public safety broadband network. The discussion draft was 
developed jointly by staff for Chairman Waxman, Subcommittee 
Chairman Boucher, full Committee Ranking Member Barton, and 
Subcommittee Ranking Member Stearns. The Subcommittee received 
testimony from the FCC, a public policy group, the New York 
Police Department, a fire fighters association, an emergency 
communications association, an academic, and telecommunications 
companies.
    On June 30, 2010, Chairman Waxman, Subcommittee Chairman 
Boucher, Ranking Member Barton, and Subcommittee Ranking Member 
Stearns sent a letter to FCC Chairman Julius Genachowski 
requesting information related to the market for public safety 
communications equipment and devices.

            SPECTRUM POLICY AND WIRELESS CONSUMER PROTECTION

    The Subcommittee on Communications, Technology, and the 
Internet spent significant time monitoring the development of 
wireless broadband services and the impact of wireless carrier 
practices on consumers. The Subcommittee took note of the 
structure of the industry and how that structure affects 
competition and choice for consumers. Wireless carriers have 
suggested that the current U.S. allocation of spectrum for 
mobile broadband services compares poorly with other nations of 
the Organisation for Economic Co-operation and Development 
(OECD) and is inadequate to meet rapidly growing demand. That 
view has been echoed by FCC Chairman Julius Genachowski. As 
part of the NBP, the FCC has issued several notices seeking 
comment on current use of spectrum and the need for additional 
spectrum to meet the demand for wireless broadband services.
    On May 7, 2009, the Subcommittee on Communications, 
Technology, and the Internet held a hearing to examine issues 
related to the status of wireless competition in the United 
States. The hearing examined issues affecting wireless 
competition such as the role of states in regulating terms and 
conditions of wireless services, handset exclusivity and 
availability, local number portability, voice and data roaming, 
tower siting, and wireless backhaul. Representatives from 
medium-size and rural wireless carriers, along with public 
interest and consumer groups, testified at the hearing.
    To provide policymakers with greater transparency 
concerning current uses of spectrum and the availability of 
spectrum for new and innovative services, Chairman Waxman, 
Subcommittee Chairman Boucher, Ranking Member Barton, 
Subcommittee Ranking Member Stearns, and several other members 
of the Committee on Energy and Commerce introduced H.R. 3125, 
the Radio Spectrum Inventory Act in July 2009. The legislation 
would require an inventory of the radio spectrum bands managed 
by the NTIA and the FCC, including the amount and type of use.
    Rep. Inslee of Washington also introduced legislation 
regarding spectrum policy that the Subcommittee considered 
along with H.R. 3125 at a hearing on December 15, 2009, and a 
Subcommittee markup on January 21, 2010. The bill, H.R. 3019, 
would amend the National Telecommunications and Information 
Administration Organization Act to require the NTIA to post on 
its website detailed transition plans from each Federal entity 
that is eligible for payments from the Spectrum Relocation Fund 
for costs related to the reallocation of frequencies from 
federal to nonfederal use. It would require the federal 
entities, to the fullest extent possible, to provide for 
sharing and coordination of eligible frequencies with 
commercial licensees.
    On November 17, 2009, Chairman Waxman and Subcommittee 
Chairman Boucher sent a letter to Gene Dodaro, Acting 
Comptroller General of the GAO, requesting the agency to 
examine a number of important spectrum issues. Specifically, 
Chairmen Waxman and Boucher asked GAO to evaluate matters 
related to federal spectrum uses, commercial spectrum uses, and 
spectrum sharing opportunities.
    President Obama has also indicated an increased focus 
within the Administration on spectrum policy and management. On 
June 28, 2010, the President signed a Presidential Memorandum 
to commit the federal government to a sustained effort to make 
available 500 MHz of federal and commercial spectrum over the 
next 10 years to foster investment and economic growth and to 
meet the burgeoning demand for mobile and fixed broadband.
    On July 14, 2010, in response to a letter from Sen. 
Rockefeller of West Virginia as Chairman of the Senate 
Committee on Commerce, Science, and Transportation, FCC 
Chairman Genachowski announced that the Commission had begun 
creating an inventory of existing spectrum allocation, 
assignment, and utilization. On August 31, 2010, Chairman 
Waxman, Subcommittee Chairman Boucher, Ranking Member Barton, 
and Subcommittee Ranking Member Stearns sent letters to FCC 
Chairman Genachowski and Assistant Secretary for Communications 
and Information Larry Strickling outlining certain requirements 
for a spectrum inventory outlined in the House-passed 
legislation (H.R. 3125) that merit inclusion in the 
commission's effort to create an inventory. The provisions 
included a requirement that the agencies jointly submit reports 
to congressional committees containing recommendations as to 
which spectrum frequencies, if any, should be reallocated or 
otherwise made available for shared access, among others.
    On November 15, 2010, the NTIA issued a report in response 
to the Presidential Memorandum detailing efforts by NTIA to 
nearly double commercial wireless spectrum. The plan included a 
timetable for identifying spectrum that can be made available 
for wireless broadband over the next 10 years, as well as a 
fast track evaluation that identified 115 megahertz of spectrum 
to be made available within 5 years.

                            TRAFFIC PUMPING

    On October 14, 2009, Chairman Waxman, Subcommittee Chairman 
Boucher, and Subcommittee on Oversight and Investigations 
Chairman Stupak sent letters to AT&T, Qwest, Sprint, and 
Verizon requesting information concerning access charges and 
so-called ``traffic pumping'' arrangements. They sought details 
on the nature and scope of these arrangements as well as the 
steps companies take to resolve undisputed charges. The members 
were concerned that certain companies may be engaged in 
regulatory arbitrage to the detriment of consumers.
    On February 16, 2010, Chairman Waxman and Subcommittee 
Chairmen Boucher and Stupak sent letters to 24 
telecommunications companies to assist the Committee in its 
ongoing review of access charges and traffic pumping 
arrangements. The Committee sought additional information 
concerning allegations that the existing access charge regime 
may create incentives for companies to charge excessive rates 
for completing calls. The Committee has not reached a 
conclusion whether legislative changes are appropriate or 
necessary concerning this practice.

                       COMMUNICATIONS ACT UPDATE

    On May 24, 2010, there was a joint announcement made by 
House Chairman Waxman and Subcommittee Chairman Boucher of the 
Committee on Energy and Commerce with Sen. Rockefeller, Senate 
Chairman of the Committee on Commerce, Science, and 
Transportation, and Sen. Kerry of Massachusetts, Senate 
Chairman of the Senate Subcommittee on Communications, 
Technology, and the Internet, that they will start a process to 
develop proposals to update the Communications Act. This 
process would include bicameral, bipartisan, staff-led 
stakeholder sessions.
    The first set of staff-led stakeholder sessions convened on 
June 25, 2010, addressing broadband regulation and FCC 
authority, with a focus on protecting consumers and promoting 
broadband investment. A follow-up session held on July 2, 2010, 
covered the same topic in more detail. On July 16, 2010, a 
third bicameral, bipartisan stakeholder meeting was held to 
address spectrum policy, with a follow-up session on July 23, 
2010. A fifth bipartisan House-only session was held on August 
6, 2010, to discuss issues related to broadband regulation and 
FCC authority, this time with a focus on ensuring the integrity 
and protection of content against theft.

                     BROADBAND AND INTERNET FREEDOM

    In response to the Comcast v. FCC decision by the D.C. 
Circuit that called into question the ability of the FCC to 
oversee and regulate broadband Internet access services, 
Chairman Waxman and Subcommittee Chairman Boucher sought to 
reach a bipartisan agreement on legislation that would protect 
and promote an open Internet. The proposal was designed to be 
an interim measure to protect net neutrality while Congress 
considers a permanent solution. It contained four key consumer 
protections that would restore FCC authority to prevent 
blocking of Internet content; applications, and services; 
prevent phone and cable companies from unjustly or unreasonably 
discriminating against any lawful Internet traffic; prohibit 
wireless broadband providers from blocking websites, as well as 
applications that compete with voice or video conferencing; and 
direct the FCC to issue transparency regulations.
    The proposed legislation was not introduced as a bill 
because it failed to garner bipartisan support. On December 1, 
2010, however, Chairman Waxman sent a letter to FCC Chairman 
Julius Genachowski that attached an authorized copy of the 
proposed legislation so that the Commission and the public 
would have access to an accurate version of the proposed 
compromise.

              COMMUNICATIONS NETWORKS AND CONSUMER PRIVACY

    The Subcommittee on Communications, Technology, and the 
Internet focused extensively on the topic of consumer privacy. 
On April 23, 2009, the Subcommittee held a hearing titled 
``Communications Networks and Consumer Privacy: Recent 
Developments.'' The hearing reviewed technologies used by 
network operators to monitor their subscribers' use of the 
Internet and how those technologies affect consumer privacy. 
The hearing explored three ways to monitor consumer usage on 
broadband and wireless networks: Deep packet inspection (DPI); 
information collection by digital set-top boxes; and wireless 
Global Positioning System (GPS) tracking.
    Several joint hearings were held on this subject by the 
Subcommittee on Communications, Technology, and the Internet 
and the Subcommittee on Commerce, Trade, and Consumer 
Protection. On June 18, 2009, the subcommittees held the first 
joint hearing titled ``Behavioral Advertising: Industry 
Practices and Consumers' Expectations.'' Over the last decade, 
advertisers, ad agencies, and online ad networks have developed 
sophisticated advertising tools that track individual users' 
online activities over time in order to deliver advertising 
tailored to users' online activities. This practice, called 
behavioral advertising, may be valuable, but it also raises 
important privacy concerns. There are currently no federal laws 
specifically governing the online advertising industry or the 
practice of online behavioral targeting.
    On November 19, 2009, the two subcommittees held another 
joint hearing on privacy issues titled ``Exploring the Offline 
and Online Collection and Use of Consumer Information.'' The 
hearing examined the collection and commercial use of consumer 
data in the offline and online marketplaces. Central to the 
hearing's review of offline data collection was an examination 
of the information broker industry, companies that are in the 
business of buying and selling consumer information. 
Information brokers maintain billions of data records on 
millions of individuals. Although much of the information 
collection and commercial uses of personal information are not 
regulated under federal law, many companies and trade 
associations have implemented privacy safeguards and offer 
consumers choices about certain uses of their information. 
Privacy practices vary widely, however, and consumer advocates 
have called the current framework, which largely relies on 
voluntary practices, inadequate.
    On February 24, 2010, the two Subcommittees held a third 
joint hearing titled ``The Collection and Use of Location 
Information for Commercial Purposes.'' With the development of 
cheaper and more efficient location-based technologies, 
increased use of smart phones, the launch of geo-enabled Web 
browsers, and the proliferation of location-based applications, 
consumers everywhere are using the thousands of different 
location-based services (LBS) and applications, which collect 
and use location data, to communicate, socialize, travel, play, 
and shop. A wide range of stakeholders have raised privacy 
concerns regarding the collection and use of location 
information. Some of the concerns mirror privacy concerns that 
have been raised in other contexts, including discussions about 
the collection and use of personally identifiable information 
in the online environment.
    On May 4, 2010, Subcommittee Chairman Boucher and 
Subcommittee Ranking Member Stearns released a discussion draft 
of legislation to assure the privacy of personally identifiable 
information about individuals both on the Internet and offline.

             COMPETITION IN THE COMMUNICATIONS MARKETPLACE

    During the 111th Congress, the Subcommittee on 
Communications, Technology, and the Internet examined the state 
of competition in the communications marketplace with an 
emphasis on wireless competition. On May 7, 2009, the 
Subcommittee on Communications, Technology, and the Internet 
held a hearing titled ``An Examination of Competition in the 
Wireless Industry.'' At the hearing Chairman Waxman and 
Subcommittee Chairman Boucher both noted the increasing role 
that wireless technology plays in the lives of Americans as 
evidenced by the number of people who rely solely on wireless 
phones and have no landline service.
    On October 22, 2009, the Subcommittee held a hearing titled 
``Video Competition in a Digital Age.'' The hearing examined 
competition in the video programming marketplace, including 
access by multichannel video programming distributors and 
consumers to programming both offline and online. The 
Subcommittee received testimony from video programmers and 
distributors, content creators, and a public policy group.
    The Subcommittee also carefully examined the proposed joint 
venture between Comcast and NBC Universal. On February 4, 2010, 
the Subcommittee held a hearing titled ``An Examination of the 
Proposed Combination of Comcast and NBC Universal.'' The 
hearing focused on the proposed Comcast/NBC Universal joint 
venture and its potential impact on the video programming and 
broadband marketplace. The Subcommittee received testimony from 
representatives of Comcast and NBC Universal (NBCU), as well as 
a representative of the NBC affiliates board, a regional cable 
and broadband provider, a consumer advocacy group, and a public 
policy group.
    On July 8, 2010, the Subcommittee held a field hearing at 
the Everett Dirksen Federal Building in Chicago, Illinois 
titled ``Comcast and NBC Universal: Who Benefits?'' This 
hearing focused on the proposed Comcast/NBC Universal joint 
venture, its potential impact on the video programming and 
broadband marketplace, and updates to the voluntary commitments 
made by Comcast and NBC Universal since the February hearing.
    On December 7, 2010, Chairman Waxman sent a letter to FCC 
Chairman Julius Genachowski expressing his belief that the 
Commission and the Department of Justice should impose 
conditions on the proposed combination of Comcast and NBCU in 
order to protect consumers and promote competition. The 
conditions include program access requirements to protect 
competing program distributors, program carriage requirements 
to protect unaffiliated cable programmers, open Internet 
requirements to protect and promote the emerging online video 
market, and conditions that measurably strengthen the creative 
and economic opportunities of independent writers, producers, 
and directors.
    On August 26, 2010, Chairman Waxman, Subcommittee Chairman 
Boucher, and Subcommittee on Energy and the Environment 
Chairman Markey released a report by the GAO that examined 
changes in the wireless industry over the past decade, consumer 
and stakeholder perspectives of regulatory policies and 
industry practices, and FCC strategies to monitor industry 
competition. GAO recommended that the FCC expand its data 
collection on such metrics as special access rates, prices, and 
capital expenditures in order to improve its monitoring and 
annual reporting on competition in the wireless market.
    The GAO report, titled ``Enhanced Data Collection Could 
Help FCC Better Monitor Competition in the Wireless Industry,'' 
reviewed the changes in the wireless industry since 2000, 
noting an increase in consumer usage of wireless services and 
the consolidation among wireless carriers during this period. 
These changes have benefited consumers through lower prices and 
better coverage. Industry consolidation, however, has also 
reduced the ability of small and regional carriers to be 
competitive, raising concerns that a lack of competition in the 
market could result in higher fees and deteriorating service 
for consumers.
    GAO recommended that the FCC more closely monitor industry 
practices that may jeopardize wireless competition as part of 
its statutory reporting and monitoring of wireless competition. 
The report also recommended that the FCC collect original data 
on pricing, capital expenditures by wireless carriers, and 
other metrics, and continue to examine the impact of early 
termination fees and exclusive handset arrangements.

                           DISTRACTED DRIVING

    On November 4, 2009, the Subcommittee on Communications, 
Technology and the Internet and the Subcommittee on Commerce, 
Trade, and Consumer Protection held a joint hearing titled 
``Driven To Distraction: Technological Devices and Vehicle 
Safety.'' The hearing examined safety issues related to drivers 
distracted by wireless or other electronic communications 
devices built in or brought into the vehicle. The Subcommittees 
received testimony from the FCC, the U.S. Department of 
Transportation, consumer advocates, and representatives of the 
wireless and automobile industry.

                             CYBERSECURITY

    On May 1, 2009, the Subcommittee on Communications, 
Technology, and the Internet held a hearing titled 
``Cybersecurity: Network Threats and Policy Challenges.'' The 
hearing explored threats to critical infrastructure, including 
communications networks, power grids, and governmental 
information systems. The Subcommittee received testimony from a 
non-profit organization, an Internet security association, and 
a company that provides cybersecurity-related clearinghouse 
services.

              UNIVERSAL SERVICE FUND OVERSIGHT AND REFORM

    During the 111th Congress, the Subcommittee on 
Communications, Technology, and the Internet conducted 
oversight of the Federal Universal Service Fund (USF), with a 
particular emphasis on controlling the size of the fund and 
whether to allow use of USF support for the deployment of 
broadband.
    On March 12, 2009, the Subcommittee held a hearing titled 
``The Universal Service Fund: Reforming High Cost Support.'' 
The purpose of the hearing was to examine the core principles 
of universal service in light of advances in technology and the 
changes in the communications marketplace. The Subcommittee 
reviewed aspects of the USF as administered by the FCC, 
possible reforms to the High Cost Fund, and the growing demand 
for advanced services, including broadband and high-speed 
mobile in high cost areas of the country. Chairman Waxman and 
Subcommittee Chairman Boucher expressed the importance of the 
principles of universal service and their commitment to 
comprehensive reform of the USF.
    On April 1, 2009, Chairman Waxman, Subcommittee Chairman 
Boucher, Ranking Member Barton, and Subcommittee Ranking Member 
Stearns sent a letter to Acting FCC Chairman Michael Copps to 
request information concerning Universal Service Fund (USF) 
disbursements. The Committee sought targeted information about 
the top recipients of high-cost subsidy dollars from the USF. 
The Committee made this information available to the public by 
posting the FCC's response on the Committee on Energy and 
Commerce website.
    Legislation was developed from this oversight activity. On 
November 17, 2009, the Subcommittee held a hearing on a 
discussion draft of the Universal Service Reform Act of 2009. 
The draft proposed alternatives for the Commission to consider 
in broadening the contribution base; required the FCC to target 
support better to high-cost areas, and provide for broadband to 
be included as a supported service; it made a number of other 
changes to the fund's administration.
    On September 16, 2010, the Subcommittee held a hearing on 
H.R. 5828, a bill to reform the federal universal service 
provisions of the Communications Act of 1934. Introduced by 
Subcommittee Chairman Boucher and Rep. Terry of Nebraska, the 
bill would comprehensively reform the USF High Cost Fund.
    On June 15, 2010, Chairman Waxman, Subcommittee Chairman 
Boucher, Ranking Member Barton, and Subcommittee Ranking Member 
Stearns sent a letter to FCC Chairman Genachowski requesting an 
update to the June 2009 information request concerning USF 
disbursements. The FCC response updating this information was 
again posted on the Committee on Energy and Commerce website.

                             Hearings Held

    Reauthorization of the Satellite Home Viewer Extension and 
Reauthorization Act.--Oversight hearing on reauthorization of 
the Satellite Home Viewer Extension and Reauthorization Act. 
Hearing held on February 24, 2009. PRINTED, Serial No. 111-5.
    Universal Service: Reforming the High-Cost Fund.--Oversight 
hearing on the Universal Service Fund. Hearing held on March 
12, 2009. PRINTED, Serial No. 111-13.
    Oversight of the Digital Television Transition.--Oversight 
hearing on the administration of the DTV Converter Box Coupon 
Program by the NTIA, outreach and consumer education efforts by 
the FCC, and the status of the transition from the perspective 
of other stakeholders. Hearing held on March 26, 2009. PRINTED, 
Serial No. 111-23.
    Oversight of the American Recovery and Reinvestment Act: 
Broadband.--Oversight hearing to examine issues related to the 
broadband programs created by the Recovery Act. Hearing held on 
April 2, 2009. PRINTED, Serial No. 111-26.
    Communications Networks and Consumer Privacy: Recent 
Developments.--Oversight hearing focusing on technologies 
utilized by network operators to monitor consumer usage and how 
those technologies intersect with consumer privacy. Hearing 
held on April 23, 2009. PRINTED, Serial No. 111-31.
    Cybersecurity: Network Threats and Policy Challenges.--
Oversight hearing to explore threats to critical 
infrastructure, including communications networks, power grids, 
and governmental information systems. Hearing held on May 1, 
2009. PRINTED, Serial No. 111-35.
    An Examination of Competition in the Wireless Industry.--
Oversight hearing to examine issues related to the status of 
wireless competition in the United States. Hearing held on May 
7, 2009. PRINTED, Serial No. 111-37.
    Oversight of the Internet Corporation for Assigned Names 
and Numbers (ICANN).--Oversight hearing to examine issues 
related to the Internet Corporation for Assigned Names and 
Numbers (ICANN). Hearing held on June 4, 2009. PRINTED, Serial 
No. 111-42.
    H.R.1147, the Local Community Radio Act of 2009, H.R.1133, 
the Family Telephone Connection Protection Act of 2009, and 
H.R.1084, the Commercial Advertisement Loudness Mitigation Act 
(CALM Act).--Legislative hearing on three bills referred to the 
Subcommittee. Hearing held on June 11, 2009. PRINTED, Serial 
No. 111-47.
    Discussion Draft of Legislation to Reauthorize the 
Satellite Home Viewer Act.--Legislative hearing on a discussion 
draft of legislation to reauthorize the Satellite Home Viewer 
Act. Hearing held on June 16, 2009. PRINTED, Serial No. 111-51.
    Behavioral Advertising: Industry Practices and Consumers' 
Expectations.--Oversight hearing to examine the potential 
privacy implications of behavioral advertising. Hearing held 
jointly with the Subcommittee on Commerce, Trade, and Consumer 
Protection on June 18, 2009. PRINTED, Serial No. 111-53.
    Oversight of the American Recovery and Reinvestment Act: 
Broadband Part 2.--Oversight hearing to examine the 
Administration's implementation of the broadband programs 
created under the American Recovery and Reinvestment Act of 
2009. Hearing held on September 10, 2009. PRINTED, Serial No. 
111-62.
    Oversight of the Federal Communications Commission.--
Oversight hearing on views of FCC Commissioners on matters of 
policy and process. The first oversight hearing since Julius 
Genachowski became Chairman of the Federal Communications 
Commission (FCC). Hearing held September 17, 2009. PRINTED, 
Serial No. 111-65.
    A National Interoperable Broadband Network for Public 
Safety: Recent Developments.--Oversight hearing to focus on 
three main proposals that have emerged in the aftermath of the 
FCC's unsuccessful ``D Block'' auction in 2008. Hearing held on 
September 24, 2009. PRINTED, Serial No. 111-67.
    Video Competition in a Digital Age.--Oversight hearing to 
examine competition in the video programming marketplace, 
including access by multichannel video programming distributors 
and consumers to programming both offline and online. Hearing 
held on October 22, 2009. PRINTED, Serial No. 111-76.
    Driven To Distraction: Technological Devices and Vehicle 
Safety.--Oversight hearing to examine safety issues concerning 
drivers distracted by wireless or other electronic 
communications devices built in or brought into the vehicle. 
Hearing held jointly with the Subcommittee on Commerce, Trade, 
and Consumer Protection on November 4, 2009. PRINTED, Serial 
No. 111-79.
    Discussion Draft of the Universal Service Reform Act of 
2009.--Legislative hearing on draft legislation to reform the 
federal universal service provisions of the Communications Act 
of 1934. Hearing held on November 17, 2009. PRINTED, Serial No. 
111-81.
    Exploring the Offline and Online Collection and Use of 
Consumer Information II.--Oversight hearing on the state of 
competition in the sports programming marketplace, including 
the nature of programming distribution, consumer choice, and 
other issues. Hearing held jointly with the Subcommittee on 
Commerce, Trade, and Consumer Protection on November 19, 2009. 
PRINTED, Serial No. 111-83.
    H.R. 3125, the Radio Spectrum Inventory Act, and H.R. 3019, 
the Spectrum Relocation Improvement Act of 2009.--Legislative 
hearing on legislation to require an inventory of spectrum 
bands managed by the NTIA and the FCC, and on legislation to 
improve the process of clearing federal users from spectrum 
that has been reallocated for commercial use. Hearing held on 
December 15, 2009. PRINTED, Serial No. 111-89.
    An Examination of the Proposed Combination of Comcast and 
NBC Universal.--Oversight hearing to examine the proposed 
Comcast/NBC Universal joint venture and its potential impact on 
the video programming and broadband marketplace. Hearing held 
on February 4, 2010. PRINTED, Serial No. 111-94.
    The Collection and Use of Location Information for 
Commercial Purposes.--Oversight hearing to examine privacy 
concerns raised by use of location-based technologies. Hearing 
held jointly with the Subcommittee on Commerce, Trade, and 
Consumer Protection on February 24, 2010. PRINTED, Serial No. 
111-98.
    Oversight of the American Recovery and Reinvestment Act: 
Broadband, Part Three.--Oversight hearing to examine the 
Administration's implementation of the broadband programs 
created by the American Recovery and Reinvestment Act of 2009. 
Hearing held on March 4, 2010. PRINTED, Serial No. 111-101.
    Oversight of the Federal Communications Commission: The 
National Broadband Plan.--Oversight hearing to explore details 
of the FCC's recently released National Broadband Plan. Hearing 
held on March 25, 2010. PRINTED, Serial No. 111-109.
    The National Broadband Plan: Deploying Quality Broadband 
Services to the Last Mile. Oversight hearing to examine 
assessments in the National Broadband Plan of the availability 
of broadband and how to best deploy it to areas that are 
unserved and underserved, so all Americans can benefit from 
quality broadband services. Hearing held on April 21, 2010. 
PRINTED, Serial No. 111-111.
    The National Broadband Plan: Competitive Availability of 
Navigation Devices.--Oversight hearing to examine 
recommendations contained in the National Broadband Plan to 
stimulate competition and innovation in set-top boxes and other 
video navigation devices. Hearing held on April 29, 2010. 
PRINTED, Serial No. 111-117.
    The National Broadband Plan: Promoting Broadband 
Adoption.--Oversight hearing to examine recommendations in the 
National Broadband Plan for increasing broadband adoption, 
including ways to ensure that all Americans are able to 
subscribe to broadband and educating consumers about the 
benefits of broadband. Hearing held on May 13, 2010. PRINTED, 
Serial No. 111-124.
    H.R. 3101, the 21st Century Communications and Video 
Accessibility Act of 2009.--Legislative hearing on legislation 
that would update the communications laws to help ensure that 
individuals with vision, hearing, and other disabilities are 
able to utilize fully broadband services and equipment and 
better access video programming devices. Hearing held on June 
10, 2010. PRINTED, Serial No. 111-131.
    Discussion Draft to Provide Funding for the Construction 
and Maintenance of a Nationwide, Interoperable Public Safety 
Broadband Network, and for Other Purposes, and H.R. 4829, the 
Next Generation 911 Preservation Act of 2010.--Legislative 
hearing on a discussion draft of legislation that would provide 
funding for constructing and maintaining an interoperable 
public safety broadband network, and for other purposes, and on 
legislation that would facilitate the migration from the 
current generation of emergency communications systems to IP-
based emergency services known as Next Generation 911. Hearing 
held on June 17, 2010. PRINTED, Serial No. 111-138.
    Comcast and NBC Universal: Who Benefits?--Oversight hearing 
to examine the proposed Comcast/NBC Universal joint venture and 
its potential impact on the video programming and broadband 
marketplace. Field hearing held in Chicago, Illinois, on July 
8, 2010. PRINTED, Serial No. 111-142.
    H.R. 5828, the Universal Service Reform Act of 2010.--
Legislative hearing on a bill to reform the federal universal 
service provisions of the Communications Act of 1934. Hearing 
held on September 16, 2010. PRINTED, Serial No. 111-156.
                 Subcommittee on Energy and Environment

                         Legislative Activities

               THE AMERICAN RECOVERY AND REINVESTMENT ACT

                  Public Law 111-5 (H.R. 1, H.R. 629)

    A legislative package to stimulate the economy through 
creation of jobs and promotion of investment.
Summary
    The energy provisions of H.R. 1, the American Recovery and 
Reinvestment Act of 2009 (Recovery Act), were designed to 
accelerate deployment of smart grid technology, provide energy 
efficiency funds for the nation's schools and hospitals, offer 
support for the nation's governors and mayors to tackle their 
energy challenges, and establish a new loan guarantee program 
to keep renewable energy on track during the economic crisis. 
These provisions aimed to ensure that existing programs could 
be scaled up so that funds would be invested promptly and 
effectively.
    The energy provisions included initiatives to jumpstart 
smart grid demonstration projects in geographically diverse 
cities, suburbs, and rural areas. This included an increase in 
federal matching grants for smart grid technology from 20% to 
50%. Under the Act, grantees are required to utilize open 
internet-based protocols and standards when available and 
lessons learned during demonstration projects will be available 
to help others to deploy smart grid infrastructure.
    The Act also created a temporary loan guarantee authority 
to provide loan guarantees for commercial renewable energy 
systems and electric power transmission systems that began 
construction by September 30, 2011. In addition, the Act 
increased the threshold for household eligibility for the 
Weatherization Assistance Program from 150% to 200% of the 
federal poverty income levels, and increased the per-home 
maximum assistance from $2,500 to $5,000.
    The Act further conditioned the award of State Energy 
Program funding from the Economic Recovery Act upon a 
notification to the Secretary of Energy by the governor that 
the governor will seek to adopt certain utility regulatory 
policies to encourage utility-sponsored gains in energy 
efficiency and updated energy-efficient building codes.
    In order to allow colleges and hospitals to become more 
energy efficient, the Act also waived certain caps on grants 
and loans so that larger energy efficiency projects will be 
adequately supported.
Legislative History
    On January 22, 2009, the Committee on Energy and Commerce 
met in open markup session to consider five committee prints of 
draft legislation on portions of the economic recovery package 
within the jurisdiction of the Committee. Following the 
approval of the committee prints relating to legislation on 
broadband, energy, and health, a unanimous consent request by 
Chairman Waxman was agreed to that all text after section 1 of 
H.R. 629, the Energy and Commerce Recovery and Reinvestment Act 
of 2009, be struck and replace with the text of the five 
committee prints approved by the Committee, as amended. H.R. 
629, as amended, was ordered favorably reported to the House.
    On January 26, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 625 (H. Rept. 111-7, Part 1). 
The legislative provision contained in this and other Committee 
reports became part of H.R. 1, the American Recovery and 
Reinvestment Act of 2009, which was introduced on January 26, 
2009.
    On January 28, 2009, H.R. 1 was considered by the House and 
passed by a rollcall vote of 244-188.
    On February 10, 2009, the Senate passed H.R. 1 with an 
amendment by a rollcall vote of 61-37. The Senate insisted upon 
their amendment, asked for a conference with the House, and 
appointed conferees: Inouye, Baucus, Reid, Cochran, and 
Grassley.
    The House agreed to a motion to disagree with the Senate 
amendment and agreed to a conference on February 10, 2009, by a 
rollcall vote of 403-0. The Speaker appointed the conferees 
from the House: Obey, Rangel, Waxman, Lewis of California, and 
Camp.
    On February 12, 2009, the conference report on H.R. 1 
(House Rept. 111-16) was filed in the House.
    On February 13, 2009, the House agreed to the conference 
report by a rollcall vote of 246-183. On the same day, the 
Senate agreed to the conference report by a rollcall vote of 
60-38, clearing the measure for the White House.
    On February 17, 2009, H.R. 1 was signed into law by the 
President and became Public Law 111-5.

             AMERICAN CLEAN ENERGY AND SECURITY ACT OF 2009

                     H.R. 2454 (H.R. 2998, S. 1733)

    To create clean energy jobs, achieve energy independence, 
reduce global warming pollution and transition to a clean 
energy economy.

Summary

    H.R. 2454, the American Clean Energy and Security Act 
(ACES), creates millions of new clean energy jobs, enhances 
America's energy independence, and protects the environment. 
Key provisions in the bill:
    (1) Require electric utilities to meet 20% of their 
electricity demand through renewable energy sources and energy 
efficiency by 2020.
    (2) Invest in new clean energy technologies and energy 
efficiency, including energy efficiency and renewable energy 
($90 billion in new investments by 2025), carbon capture and 
sequestration ($60 billion), electric and other advanced 
technology vehicles ($20 billion), and basic scientific 
research and development ($20 billion).
    (3) Establish new energy-saving standards for new buildings 
and appliances.
    (4) Reduce carbon emissions from major U.S. sources by 17% 
by 2020 and more than 80% by 2050 compared to 2005 levels. 
Complementary measures in the legislation, such as investments 
in preventing tropical deforestation, will achieve significant 
additional reductions in carbon emissions.
    (5) Protect consumers from energy price increases.
    ACES requires retail electric suppliers to meet a growing 
percentage of their load with electricity generated from 
renewable resources and electricity savings. The combined 
renewable electricity and electricity savings requirement 
begins at 6% in 2012 and gradually rises to 20% in 2020. At 
least three quarters (75%) of the requirement must be met by 
renewable energy, except that upon receiving a petition from 
the governor, the Federal Energy Regulatory Commission (FERC) 
can reduce the renewable requirement to three-fifths (60%). In 
2020, 15% of the electricity load in each state must be met 
with renewable electricity and 5% with electricity savings. 
Upon petition by the governor, the renewable requirement can be 
reduced to 12% and the electricity savings can be increased to 
8%.
    In addition, the legislation requires the federal 
government to meet 20% of its energy needs with renewable 
energy by 2020.
    ACES requires major sources of carbon emissions to obtain a 
pollution permit called an ``allowance'' for each ton of carbon 
dioxide or its equivalent that they emit. Through 2025, 13% of 
these allowances are allocated to investments in clean energy 
and energy efficiency. Using the Environmental Protection 
Agency (EPA) estimates of allowance prices, ACES invests 
roughly $190 billion through 2025 in clean energy and energy 
efficiency programs, including: $90 billion in state programs 
to promote renewable energy and energy efficiency; $60 billion 
in carbon capture and sequestration technologies; $20 billion 
in electric and other advanced technology vehicles; and $20 
billion in basic research and development into clean energy and 
energy efficiency. The investments in carbon capture and 
sequestration include $10 billion generated through a small 
``wires charge'' on electricity generated through fossil fuels.
    Investments in clean energy continue after 2025, with 5% of 
allowances being devoted to renewable energy and energy 
efficiency, 5% to carbon capture and sequestration, and 1.5% to 
research and development.
    ACES establishes a new Clean Energy Deployment 
Administration with $7.5 billion in funding to support private 
investments in clean energy technologies, including nuclear 
power. Other provisions promote private investment in clean 
energy by reforming the existing title 17 loan guarantee 
program.
    ACES includes provisions to promote the deployment of smart 
grid technology and transmission planning and siting. The 
transmission provisions include federal backstop siting 
authority in the Western interconnection for transmission lines 
needed to meet demand for renewable energy.
    ACES establishes targets for new standards for building 
efficiency, requiring new buildings to be 30% more efficient in 
2012 and 50% more efficient in 2016. States receive allowances 
that they can sell to support adoption and enforcement of state 
energy efficiency codes that meet the new standards. The 
Department of Energy (DOE) must provide a federal backstop if a 
state declines to adopt or enforce compliant codes. ACES also 
establishes programs to help building owners retrofit existing 
buildings, replace antiquated mobile homes with energy-
efficient models, and improve energy efficiency in multi-family 
assisted housing projects.
    ACES adopts new efficiency standards for lighting products, 
commercial furnaces, and other appliances. The legislation also 
modifies the DOE appliance standard-setting process to make it 
more effective.
    The bill requires EPA to promulgate carbon emission 
standards for heavy-duty vehicles and off-road vehicles, such 
as construction equipment, trains, and large ships. ACES also 
integrates consideration of climate change into the existing 
transportation planning process to further reduce 
transportation-related energy consumption.
    ACES contains measures to increase the efficiency of water 
use and promote energy savings by the federal government and 
other public institutions. The legislation also creates a new 
energy efficiency program for small utilities with dedicated 
funding. Additionally, ACES authorizes a high efficiency gas 
turbine research program.
    ACES contains three primary programs for reducing dangerous 
carbon emissions that cause global warming: (1) a cap on large 
domestic sources of emissions; (2) a program to reduce tropical 
deforestation; and (3) an offset program. In addition, ACES 
caps emissions of global warming pollutants that are 
substitutes for ozone-depleting chemicals, and it requires EPA 
to set performance standards for some uncapped sources of 
emissions. Taken together, these programs will reduce carbon 
emissions by 28% to 33% below 2005 levels by 2020. By 2050, 
ACES will reduce carbon emissions by 80% below 2005 levels 
through these programs.
    Starting in 2012, ACES establishes annual tonnage limits on 
emissions of carbon and other global warming pollutants from 
large U.S. sources such as electric utilities and oil refiners. 
Under these limits, carbon pollution from large sources must be 
reduced by 17% below 2005 levels by 2020 and 83% below 2005 
levels by 2050. To achieve these limits, ACES establishes a 
system of tradable permits called ``emission allowances'' 
modeled after the successful Clean Air Act program to prevent 
acid rain. This market-based approach provides economic 
incentives for industry to reduce carbon emissions at the 
lowest cost to the economy.
    ACES directs EPA and the Department of State to use 5% of 
the allowances to secure agreements from developing nations to 
prevent tropical deforestation. This program will reduce carbon 
emissions by an additional 10 percentage points below 2005 
levels by 2020.
    ACES allows capped sources to increase their carbon 
emissions if they can obtain offsetting emission reductions 
from uncapped sources at a lower cost. The legislation allows 
capped sources to use offsets to acquire up to 2 billion tons 
of emission credits annually. Half of these credits must come 
from domestic sources, except that if insufficient domestic 
offsets are available, up to 1.5 billion tons of emission 
credits can be obtained from international offset projects. 
Starting in 2017, ACES requires capped sources to turn in five 
tons of international offsets to receive four tons of emission 
credits. This mechanism will reduce carbon emissions by up to 
an additional five percentage points below 2005 levels by 2020.
    ACES contains multiple provisions to ensure the integrity 
of offsets, including review by an independent scientific 
panel. Offsets may not be obtained from sources in a foreign 
nation until the United States has entered into an agreement 
with the originating nation establishing the terms of the 
offset program.
    ACES directs the Secretary of Agriculture to establish a 
program governing the generation of offset credits from 
domestic agricultural and forestry sources. The Secretary must 
promulgate methodologies for assessing the amount of offset 
credits, including activity baselines, additionality 
requirements, quantification methods, and leakage. The 
legislation also directs the Secretary to establish 
requirements to account for and address reversals, and it 
allows for the issuance of term offset credits.
    ACES contains numerous cost-containment measures including 
unlimited banking, a two-year compliance period (which allows 
borrowing one year in advance), and a strategic reserve of 
allowances that are available for auction if allowance prices 
exceed 160% of their three-year average. The proceeds of any 
sales from the reserve will be used to acquire additional 
international offsets, which will replenish the reserve at a 
low cost and result in additional reductions in carbon 
emissions. In addition, ACES establishes a minimum floor price 
for auctioned allowances of $10 (in 2009 dollars) to provide 
stability and investment certainty.
    ACES uses a combination of regulatory requirements and 
financial incentives to ensure that new coal-fired power plants 
will operate with carbon capture and sequestration (CCS) 
technology. All new coal plants permitted after 2020 must use 
CCS when they commence operations. Coal plants permitted 
between 2015 and 2020 lose eligibility for federal financial 
assistance if they do not use CCS when they commence 
operations; if they do not use CCS when they commence 
operations, they must retrofit CCS by no later than 2025 
without federal financial assistance. Coal plants permitted 
between 2009 and 2015 lose eligibility for federal financial 
assistance if they do not retrofit CCS within five years after 
commencing operations; if they do not retrofit CCS by this 
date, they must retrofit CCS by no later than 2025 without 
federal financial assistance. The 2025 retrofit deadline is 
accelerated if four gigawatts of electricity generation is 
deployed with CCS before 2025; it may also be extended by EPA 
by up to 18 months on a case-by-case basis.
    ACES requires that major U.S. sources of emissions obtain 
an allowance for each ton of carbon or its equivalent emitted 
into the atmosphere.
    For the period from 2012 through 2025, 55% of the 
allowances would be used to protect consumers from energy price 
increases; 19% would be used to assist trade-vulnerable and 
other industries make the transition to a clean energy economy; 
13% would be used to support investments in clean energy and 
energy efficiency; and 10% would be used for domestic 
adaptation, worker assistance and training, prevention of 
deforestation, and international adaptation. The remainder (3% 
of allowances) will be used to help ensure that ACES is budget 
neutral.
    From the period from 2026 through 2050, up to 58% of the 
allowances will be used to protect consumers; 19% would be used 
for domestic adaptation, worker assistance and training, 
prevention of deforestation, and international adaptation; 12% 
would be used to support investments in clean energy and energy 
efficiency; 7% would be used to ensure budget neutrality; and 
at least 4% would be used to assist trade-vulnerable and other 
industries.
    Under ACES, approximately 80% of allowances are distributed 
without charge during the early years of the program to ease 
the transition to a clean energy economy. This transition 
period starts to phase out after 2025. By 2031, about 70% of 
the allowances would be auctioned.
    ACES establishes five programs to protect consumers from 
energy price increases: one for electricity price increases; 
one for natural gas price increases; one for heating oil price 
increases; one to protect low- and moderate-income families; 
and one to provide tax dividends to consumers. In combination, 
these programs substantially reduce the cost impact of ACES on 
American consumers.
    Electricity price increases would be regional in nature, 
with the greatest increases occurring in the coal-dependent 
regions of the country. To mitigate these price increases, the 
regulated utilities that distribute electricity to consumers 
would receive 32% of allowances through 2025 under a formula 
that distributes half of the allowances based on emissions and 
half based on electricity generation. These utilities are 
directed to use these allowances exclusively to keep rates low 
and, to the extent they use rebates, to do so to the maximum 
extent practicable by reducing the fixed-rate portion of 
consumer electricity bills. ACES contains a ratepayer fairness 
provision that ensures against windfalls by providing that no 
local distribution company should receive more allowances than 
necessary to cover its direct and indirect costs.
    To mitigate increases in natural gas prices, the regulated 
utilities that distribute natural gas to consumers would 
receive 9% of allowances from 2016 through 2025. One-third of 
these allowances must be used for energy efficiency programs. 
The remainder must be passed through to consumers through lower 
prices under provisions similar to those that apply to the 
regulated electric utilities.
    To mitigate increases in home heating oil prices, states 
would receive 1.6% of allowances through 2025 under a formula 
based on home heating oil use. These allowances must be used 
for rebates to consumers and investments in energy efficiency.
    The electricity, natural gas, and heating oil provisions 
mitigate the costs of ACES on all consumers. In addition, ACES 
directs that 15% of the allowances be auctioned and the 
proceeds distributed back to consumers through a combination of 
refundable tax credits and electronic benefit payments.
    Under ACES, many of the allowance provisions phase out 
starting in 2026. As these allowance allocations are phased 
out, ACES directs that the remaining allowances be auctioned 
and the proceeds distributed to consumers through tax credits.
    Pursuant to the Inslee-Doyle program, energy-intensive, 
trade-exposed industries that make products such as iron, 
steel, cement, and paper would receive allowances to cover 
their increased costs. The number of allowances set aside for 
this program would equal 15% of the allowances in 2014 and then 
decrease based on the percent reductions in the carbon 
emissions cap. These allowances would phase out after 2025 
unless the President decides the program is still needed.
    The legislation also provides that if the United States 
does not join a multilateral agreement, a border adjustment for 
energy-intensive trade-exposed sectors will be available to the 
President in 2020. The President must receive a joint 
resolution of Congress in order to waive use of the border 
adjustment for these sectors.
    In addition, oil refiners would receive 2% of allowances 
starting in 2014 and ending in 2026, and merchant coal 
producers and electricity producers obligated to supply 
electricity under long-term contracts would receive 5% of 
allowances through 2025. The legislation provides an additional 
0.25% of allowances for small business refiners from 2014 
through 2026.
    States would receive 10% of allowances from 2012 through 
2015; 7% of allowances in 2016 and 2017; 6% of allowances from 
2018 through 2021; and 5% of allowances thereafter for 
investments in renewable energy, energy efficiency, and 
pollution reducing transportation projects. Two percent of 
allowances from 2014 through 2017 and 5% thereafter would be 
available to electric utilities to cover the costs of 
installing and operating carbon capture and sequestration 
technologies (from 2014 through 2017, a small portion of these 
allowances would be used to offset the costs to the Treasury of 
the Carbon Storage Research Corporation, which would invest an 
additional $10 billion in carbon capture and sequestration 
technologies). Three percent of allowances from 2012 through 
2017 and 1% of allowances from 2018 through 2025 would be 
available for investments in electric vehicles and other 
advanced automobile technology and deployment. One-and-a-half 
percent of allowances in each year would be allocated to 
support research and development in advanced clean energy and 
energy efficiency technologies.
    From 2012 through 2021, 2% of allowances would be allocated 
to prepare the United States to adapt to the impacts of climate 
change. The amount of allowances allocated for domestic 
adaptation would increase to 4% from 2022 through 2026 and to 
8% thereafter. Half of these allowances would be used for 
wildlife and natural resource protection and half for other 
domestic adaptation purposes, including public health.
    From 2012 through 2025, 5% of allowances would be allocated 
to prevent tropical deforestation and build capacity to 
generate international deforestation offsets. The allowances 
allocated to this program would be reduced to 3% from 2026 
through 2030 and to 2% thereafter. From 2012 through 2021, 2% 
of allowances would be allocated for international adaptation 
and clean technology transfer. The amount of allowances 
allocated for these purposes would increase to 4% from 2022 
through 2026 and to 8% thereafter. Half of these allowances 
would be used for adaptation and half for clean technology 
transfer.
    From 2012 through 2021, 0.5% of allowances would be 
allocated for worker assistance and job training. This amount 
would increase to 1% thereafter. ACES also provides that 0.75% 
of allowances for vintage years 2012 and 2013 shall be 
deposited in a new Energy Efficiency and Renewable Energy 
Worker Training Fund to ensure adequate funding under the Green 
Job Acts.
    From 2012 through 2016, 0.28% of allowances would be 
allocated to the Secretary of Agriculture to support 
agricultural activities that sequester carbon but may not be 
eligible for offset credits and to support investments in 
renewable energy infrastructure.
    One percent of allowances in 2012 would be allocated to 
projects that produced early emission reductions between 
January 1, 2001, and January 1, 2009.

Legislative History

    The Subcommittee on Energy and Environment held 11 hearings 
prior to the House passage of the American Clean Energy and 
Security Act of 2009 (ACES).
    The Subcommittee on Energy and Environment held eight 
hearings that contributed to the development of the ACES 
discussion draft: (1) ``The Climate Crisis: National Security, 
Public Health, and Economic Threats'' held on February 12, 
2009; (2) ``Energy Efficiency: Complementary Policies for 
Climate Legislation'' held on February 24, 2009; (3) 
``Renewable Energy: Complementary Policies for Climate 
Legislation'' held on February 26, 2009; (4) ``The Role of 
Offsets in Climate Legislation'' held on March 5, 2009; (5) 
``The Future of Coal Under Climate Legislation'' held on March 
10, 2009; (6) ``Consumer Protection Provisions in Climate 
Legislation'' held on March 12, 2009; (7) ``Competitiveness and 
Climate Policy: Avoiding Leakage of Jobs and Emissions'' held 
on March 18, 2009; and (8) ``Preparing for Climate Change: 
Adaptation Policies and Programs'' held on March 25, 2009.
    On March 31, 2009, Chairman Waxman and Subcommittee 
Chairman Markey released a discussion draft of the American 
Clean Energy and Security Act. The legislation was available 
for review by both majority and minority Committee members, as 
well as outside experts and the public, for nearly seven weeks 
prior to Committee markup.
    From April 21, 2009, to April 24, 2009, the Committee and 
Subcommittee held a legislative hearing on the ACES discussion 
draft, spanning four days. Nearly 70 witnesses testified, 
including former Vice President Al Gore and former Speaker of 
the House Newt Gingrich.
    On May 15, 2009, Chairman Waxman and Subcommittee Chairman 
Markey introduced H.R. 2454, the American Clean Energy and 
Security Act of 2009. H.R. 2454 was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on 
Foreign Affairs, Financial Services, Education and Labor, 
Science and Technology, Transportation and Infrastructure, 
Natural Resources, Agriculture, and Ways and Means, for a 
period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned.
    From May 18, 2009, to May 21, 2009, the full Committee met 
in open markup session to consider H.R. 2454. A manager's 
amendment in the nature of a substitute offered by Mr. Waxman 
and Mr. Markey was adopted by a voice vote. During the 4 days 
of markup, there were 96 amendments offered of which 36 
amendments were adopted. On May 21, 2009, the Committee on 
Energy and Commerce ordered H.R. 2454 favorably reported to the 
House, amended, by a rollcall vote of 33-25.
    On June 5, 2009, the Committee on Energy and Commerce filed 
the House report on H.R. 2454 (H. Rept. 111-137 Part 1).
    Prior to the consideration of H.R. 2454 by the House, the 
Subcommittee on Energy and Environment held two additional 
hearings on the legislation. On June 9, 2009, the Subcommittee 
held a legislative hearing on ``Allowance Allocation Policies 
in Climate Legislation: Assisting Consumers, Investing in a 
Clean Energy Future, and Adapting to Climate Change.'' On June 
12, 2009, the Subcommittee held a legislative hearing on ``The 
Future of the Grid: Proposals of Reforming National 
Transmission Policy.''
    On June 22, 2009, Chairman Waxman and Subcommittee Chairman 
Markey filed a substitute amendment to H.R. 2454 with the 
Committee on Rules. The substitute amendment reflected 
contributions of other committees, as well as technical 
changes. On June 23, 2009, Chairman Waxman and Subcommittee 
Chairman Markey introduced H.R. 2998, containing identical text 
as the substitute amendment filed with the Committee on Rules. 
H. Res. 587, providing a rule for the consideration by the 
House of H.R. 2454, was reported to the House on June 26, 2009, 
and subsequently passed the House by a rollcall vote of 217-
205.
    On June 26, 2009, H.R. 2454 passed the House, amended, by a 
rollcall vote of 219-212.
    On July 7, 2009, H.R. 2454 was read a second time, and 
placed on the Senate Legislative Calendar under General Orders 
(Calendar No. 97).
    No further action was taken on H.R. 2454 in the 111th 
Congress.

              CONSUMER ASSISTANCE TO RECYCLE AND SAVE ACT

  Public Law 111-32 (H.R. 2751, H.R. 520, H.R. 1550, H.R. 1606, H.R. 
     2346, H.R. 2640, H.R. 2454, S. 247, S. 1135, S. 1200, S. 1248)

    To accelerate motor fuel savings nationwide and provide 
incentives to registered owners of high polluting automobiles 
to replace such automobiles with new fuel efficient and less 
polluting automobiles.

Summary

    The bill authorizes a new ``Cash for Clunkers'' program. 
Under this program, consumers may trade in their old, gas-
guzzling vehicles and receive vouchers worth up to $4,500 to 
help pay for new, more fuel efficient cars and trucks.
    New passenger cars that achieve at least 22 mpg are 
eligible for a $3,500 voucher if the performance of the new car 
is at least 4 mpg higher than the old vehicle and a $4,500 
voucher if the performance of the new car is at least 10 mpg 
higher than the old vehicle. Light duty trucks that achieve at 
least 18 mpg are eligible for a $3,500 voucher if the 
performance of the new truck is at least 2 mpg higher than the 
old vehicle and a $4,500 voucher if the performance of the new 
truck is at least 5 mpg higher than the old vehicle. Large 
light duty trucks that achieve at least 15 mpg are eligible for 
a $3,500 voucher if the performance of the new truck is at 
least 1 mpg higher than the old vehicle and a $4,500 voucher if 
the performance of the new truck is at least 2 mpg higher than 
the old vehicle. Consumers can also trade in a pre-2002 work 
truck (defined as a pick-up truck or cargo van weighing from 
8,500-10,000 pounds) and receive a voucher worth $3,500 for a 
new work truck in the same or smaller weight class. Consumers 
can also ``trade down,'' receiving a $3,500 voucher for trading 
in an older work truck and purchasing a smaller light-duty 
truck weighing from 6,000-8,500 pounds. Work truck purchases 
are capped such that the total funds used to purchase work 
trucks cannot exceed 7.5 percent of all program funds. The bill 
also includes important consumer protections and protections 
against program fraud.

Legislative History

    Prior to the introduction of H.R. 2751, the Committee on 
Energy and Commerce held a legislative hearing on the 
discussion draft of H.R. 2454, the American Clean Energy and 
Security Act (ACES) from April 21, 2009 to April 24, 2009. 
Provisions of ``cash for clunkers'' were discussed during the 
hearing.
    From May 18, 2009 to May 21, 2009, the full Committee met 
in open markup session to consider H.R. 2454. Rep. Betty Sutton 
of Ohio offered an amendment to H.R. 2454, containing language 
almost identical to legislation that would later be introduced 
as H.R. 2751. On May 19, 2009, the Committee approved Rep. 
Sutton's amendment by a rollcall vote of 50-4 with 1 member 
voting ``present.''
    On May 21, 2009, the Committee on Energy and Commerce 
ordered H.R. 2454 favorably reported to the House, amended, by 
a rollcall vote of 33-25.
    On June 5, 2009, the Committee on Energy and Commerce filed 
the House report on H.R. 2454 (H. Rept. 111-137, Part 1).
    On June 8, 2009, Rep. Sutton introduced H.R. 2751, the 
Consumer Assistance to Recycle and Save Act. The text of the 
legislation was nearly identical to the language of Rep. 
Sutton's amendment to H.R. 2454 as approved by the Committee on 
Energy and Commerce. H.R. 2751 was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on Ways 
and Means.
    On June 9, 2009, H.R. 2751 passed the House under 
suspension of the rules by a rollcall vote of 298-119 with 2 
members voting ``present.''
    On June 10, 2009, the Senate received H.R. 2751 as passed 
by the House and placed on the Senate Legislative Calendar. 
Further action on the substance of the bill as passed by the 
House was taken when its language was inserted as part of H.R. 
2346, as noted below. H.R. 2751 was amended on December 19, 
2010, by the Senate with the language of the FDA Food Safety 
Modernization Act. (For further information, see H.R. 2749/S. 
510 under the Subcommittee on Health.)
    On June 11, 2009, the House and Senate met in conference to 
reconcile the difference between their respective versions of 
H.R. 2346, the Supplemental Appropriations Act of 2009. The 
conferees agreed to include in title XIII of H.R. 2346 the 
provisions of H.R. 2751, as passed by the House, which 
appropriated $1 billion for the program.
    On June 12, 2009, the House conferees filed a conference 
report on H.R. 2346 (H. Rept. 111-151). The House agreed to the 
conference report on June 16, 2009, by a rollcall vote of 226-
202.
    On June 18, 2009, the Senate agreed to the conference 
report by a rollcall vote of 91-5, clearing the measure for the 
White House.
    On June 24, 2009, H.R. 2346 was signed into law by the 
President and became Public Law 111-32.
    On July 31, 2009, the House passed H.R. 3435, making 
supplemental appropriations for fiscal year 2009 for the 
Consumer Assistance to Recycle and Save Program, and then the 
bill was passed by the Senate on August 6, 2009. H.R. 3435 
appropriated an additional $2 billion for the ``Cash for 
Clunkers'' program. H.R. 3435 was signed into law by the 
President on August 6, 2009, and became Public Law 111-47.

                 DIESEL EMISSIONS REDUCTION ACT OF 2010

           Awaiting White House Action (H.R. 5809, H.R. 2454)

    The Diesel Emissions Reduction Act of 2010 is an Act to 
amend the Energy Policy Act of 2005 to reauthorize and modify 
provisions relating to the diesel emissions reduction program.

Summary

    This Act reauthorizes the Diesel Emissions Reduction Act 
(DERA) for 2012 through 2016 at $100,000,000 annually, half the 
authorization levels for 2007 through 2011. DERA authorizes the 
Environmental Protection Agency and States to provide loans and 
grants to reduce diesel air pollution from trucks, other 
vehicles, and engines, and to conserve fuel. H.R. 5809 allows 
the use of rebates for purchases of diesel retrofit equipment.
    This Act adds American Samoa, Guam, the Commonwealth of the 
Northern Mariana Islands, Puerto Rico, and the Virgin Islands 
to the list of States eligible to receive grants, and adjusts 
the State grant distribution formula accordingly.
    This Act makes several additional changes to improve the 
administration and effectiveness of the DERA program.

Legislative History

    On May 19, 2009, during the full Committee consideration of 
H.R. 2454, the American Clean Energy and Security Act (ACES), 
an amendment was offered by Rep. Christensen of the Virgin 
Islands to reauthorize DERA and amend it by providing for 
participation in the program by specified U.S. territories and 
protectorates. The amendment was agreed to by voice vote.
    On May 21, 2009, the Committee on Energy and Commerce 
ordered H.R. 2454 favorably reported to the House, amended, by 
a rollcall vote of 33-25.
    On June 5, 2009, the Committee on Energy and Commerce filed 
the House report on H.R. 2454 (H. Rept. 111-137 Part 1).
    On June 26, 2009, H.R. 2454 passed the House, amended, by a 
rollcall vote of 219-212.
    On November 18, 2010, S. 3973 was introduced by Sen. 
Voinovich of Ohio and referred to the Senate Committee on 
Environment and Public Works.
    On November 30, 2010, the Senate Committee on Environment 
and Public Works ordered S. 3973 favorably reported to the 
Senate without amendment.
    On December 2, 2010, H.R. 6482 was introduced as a House 
companion bill to S. 3973 by Reps. Richardson and Matsui of 
California and referred to the Committee on Energy and 
Commerce.
    On December 16, 2010, the Senate called up H.R. 5809 and by 
unanimous consent amended H.R. 5809 to change the title and 
striking all after the enacting clause, and inserting the 
language of a modified version of S. 3973. H.R. 5809, as 
amended, was passed by the Senate by unanimous consent.
    On December 21, 2010, the House agreed to the Senate 
amendment to H.R. 5809, under suspension of the rules, by a 
voice vote, clearing the measure for the White House.
    On December 29, 2010, H.R. 5809 was presented to the 
President.
    H.R. 5809, as approved by the House and the Senate, was 
pending action by the President at the time this report was 
filed.

                REDUCTION OF LEAD IN DRINKING WATER ACT

      Awaiting White House Action (S. 3874, H.R. 5320, H.R. 5289)

    To amend the Safe Drinking Water Act to reduce lead in 
drinking water.

Summary

    S. 3874 redefines ``lead-free'' under the Safe Drinking 
Water Act with respect to faucets and plumbing fixtures to 
lower the permissible amount of lead in a faucet or fixture 
from 8% lead to .25% lead in the wetted surfaces. The Act 
exempts faucets and plumbing fixtures from the prohibition on 
the use or sale of parts that are not lead free when they are 
used exclusively for nonpotable water or water that is not 
anticipated to be used for human consumption.

Legislative History

    On May 12, 2010, H.R. 5289, the Get the Lead Out Act, was 
introduced by Rep. Eshoo of California, and was subsequently 
referred to the Committee on Energy and Commerce.
    On May 13, 2010, the Subcommittee on Energy and Environment 
held a legislative hearing on proposed legislative language to 
reauthorize the Safe Drinking Water Act state revolving fund, 
including the provisions of H.R. 5289.
    On May 18, 2010, H.R. 5320, the Assistance, Quality, and 
Affordability (AQUA) Act, was introduced by Reps. Waxman and 
Markey, and was subsequently referred to the Committee on 
Energy and Commerce. That same day, the bill was referred to 
the Subcommittee on Energy and Environment. The provisions of 
H.R. 5289 were included in section 15 of the introduced bill.
    On May 19, 2010, the Subcommittee on Energy and Environment 
met in open markup session to consider H.R. 5320. Mr. Markey 
offered a manager's amendment in the form of an amendment in 
the nature of a substitute, which was adopted, amended, by a 
voice vote. H.R. 5320 was forwarded to the full Committee, 
amended, by a rollcall vote of 18-13.
    On May 26, 2010, the full Committee met in open markup 
session to consider H.R. 5320 as approved by the Subcommittee. 
A manager's amendment in the form of an amendment in the nature 
of a substitute was offered by Mr. Waxman and adopted, amended, 
by a voice vote. Subsequently, the Committee ordered H.R. 5320 
favorably reported to the House, amended, by a rollcall vote of 
45-1.
    On July 1, 2010, the Committee on Energy and Commerce filed 
the House report on H.R. 5320 (H. Rept. 111-524).
    On July 30, 2010, H.R. 5320 passed the House, as amended, 
under suspension of the rules by a voice vote.
    On August 2, 2010, the Senate received H.R. 5320 and on 
August 5, 2010, referred the bill to the Senate Committee on 
Environment and Public Works. No further action was taken on 
H.R. 5320 during the 111th Congress.
    On April 29, 2010, S. 3874, the Reduction of Lead in 
Drinking Water Act, was introduced in the Senate. It was 
referred to the Committee on Environment and Public Works, 
which reported the bill favorably without amendment on November 
30, 2010. The bill passed the Senate by unanimous consent on 
December 16, 2010.
    On December 17, 2010, the House considered S. 3874 under 
suspension of the rules, and passed the bill without amendment, 
clearing the measure for the White House.
    S. 3874, as approved by the House and the Senate, was 
awaiting action by the President when this report was filed.

TO EXCLUDE AN EXTERNAL POWER SUPPLY FOR CERTAIN SECURITY OR LIFE SAFETY 
   ALARMS AND SURVEILLANCE SYSTEM COMPONENTS FROM THE APPLICATION OF 
    CERTAIN ENERGY EFFICIENCY STANDARDS UNDER THE ENERGY POLICY AND 
                            CONSERVATION ACT

                Awaiting White House Action (H.R. 5470)

    To exclude an external power supply for certain security or 
life safety alarms and surveillance system components from the 
application of certain energy efficiency standards under the 
Energy Policy and Conservation Act.

Summary

    This measure amends the Energy Policy and Conservation Act 
to exclude an external power supply for certain security or 
life safety alarms and surveillance system components from the 
application of no-load mode energy efficiency standards.

Legislative History

    On May 28, 2010, H.R. 5470 was introduced in the House by 
Rep. Pallone of New Jersey and referred to the Committee on 
Energy and Commerce. H.R. 5470 was referred to the Subcommittee 
on Energy and Environment on June 8, 2010.
    On December 8, 2010, the House considered a motion to pass 
H.R. 5470, under suspension of the rules. Following debate, the 
House agreed to suspend the rules and pass H.R. 5470 by a voice 
vote.
    On December 9, 2010, the Senate received H.R. 5470.
    On December 21, 2010, the Senate passed H.R. 5470 without 
amendment by unanimous consent, clearing the measure for the 
White House.
    On December 28, 2010, H.R. 5470 was presented to the 
President.
    H.R. 5470, as approved by the House and the Senate, was 
awaiting action by the President when this report was filed.

                CHEMICAL AND WATER SECURITY ACT OF 2009

                H.R. 2868 (H.R. 3258, H.R. 2883, S.3599)

    To amend the Homeland Security Act of 2002 to enhance 
security and protect against acts of terrorism against chemical 
facilities, to amend the Safe Drinking Water Act to enhance the 
security of public water systems, and to amend the Federal 
Water Pollution Control Act to enhance the security of 
wastewater treatment works, and for other purposes.

Summary

    H.R. 2868 extends the authority of the Department of 
Homeland Security (DHS) to implement and enforce the Chemical 
Facility Anti-Terrorism Standards (CFATS), and improves these 
standards in a number of ways (Title I). It also requires the 
Environmental Protection Agency (EPA) to establish parallel 
security programs for drinking water (Title II) and wastewater 
facilities (Title III).
    Title I of H.R. 2868 amends the Homeland Security Act of 
2002 to modify and make permanent the authority of the 
Secretary of Homeland Security (the Secretary) to regulate and 
enhance security to protect chemical facilities against 
intentional acts, including acts of terrorism. The bill enacts 
in law many of the current CFATS regulations. The bill also 
makes changes to the CFATS program that reduce the likelihood 
and consequences of a terrorist attack by requiring covered 
chemical facilities to assess the feasibility of alternative 
chemicals and processes, and in some circumstances to adopt 
those alternatives. This title also requires each CFATS-
regulated chemical facility to conduct a security vulnerability 
assessment and subsequently implement a site security plan that 
applies layered security measures to address the 
vulnerabilities. It also provides DHS with the authority and 
resources to inspect these facilities and ensure compliance.
    Title II of H.R. 2868 replaces Section 1433 of the Safe 
Drinking Water Act (SDWA) to strengthen security at drinking 
water facilities to prevent an intentional act that causes a 
chemical release, contaminates the water supply, or otherwise 
disrupts the ability of a water system to provide a safe and 
reliable supply of drinking water. The bill requires the EPA 
Administrator to establish risk-based performance standards for 
community water systems serving more than 3,300 people and for 
other exceptional public water systems that the Administrator 
determines pose a security risk.
    Title III of H.R. 2868 amends the Federal Water Pollution 
Control Act, more commonly known as the Clean Water Act, to 
enhance the security of operations at wastewater treatment 
works from intentional acts that may substantially disrupt the 
ability of the facility to operate safely and reliably, or have 
a substantial adverse impact on critical infrastructure, public 
health or safety, or the environment. This title preserves the 
historic regulatory oversight of sewage treatment facilities by 
the EPA and ensures that security regulations appropriately 
balance water quality and security goals. By charging EPA with 
security in the water sector, this Act ensures seamless 
security-related requirements for public utilities with both 
wastewater and drinking water responsibilities.

Legislative History

    H.R. 2868, the ``Chemical Facility Anti-Terrorism Act of 
2009'', was introduced on June 15, 2009, by the Chairman of the 
Committee on Homeland Security, Hon. Bennie G. Thompson (D-MS), 
Committee on Energy and Commerce Chairman Henry A. Waxman (D-
CA), Subcommittee on Energy and Environment Chairman Edward J. 
Markey (D-MA), and Reps. Sheila Jackson-Lee (D-TX) and Yvette 
D. Clarke (D-NY). The bill was referred to the Committee on 
Homeland Security, and sequentially to the Committee on Energy 
and Commerce. H.R. 2868 was referred to the Subcommittee on 
Energy and Environment on June 16, 2009.
    On July 20, 2009, H.R. 3258, the ``Drinking Water System 
Security Act of 2009'', was introduced by Chairman Waxman, 
Subcommittee on Energy and Environment Chairman Markey, and 
Reps. Pallone of New Jersey, Capps of California, Sarbanes of 
Maryland, and Schakowsky of Illinois. H.R. 3258 was referred to 
the Subcommittee on Energy and Environment on July 27, 2009.
    The Subcommittee on Energy and Environment held a 
legislative hearing on these two bills on October 1, 2009, and 
titled the hearing ``H.R. 2868, the Chemical Facility Anti-
Terrorism Act of 2009, and H.R. 3258, the Drinking Water System 
Security Act of 2009.'' The Subcommittee received testimony 
from two panels of witnesses. The witnesses on the first panel 
were the Hon. Peter Silva, Assistant Administrator, Office of 
Water, U.S. Environmental Protection Agency (EPA), and the Hon. 
Rand Beers, Under Secretary, National Protection and Programs 
Directorate, U.S. Department of Homeland Security (DHS). The 
second panel was comprised of four witnesses: the Director of 
the Newport News Waterworks (Virginia) and President of the 
Board of Directors of the Association of Metropolitan Water 
Agencies; the Vice President for Federal Affairs at the 
American Chemistry Council; a legislative representative of the 
CWA-UAW Legislative Alliance; and the International EHS 
Manager, Fujifilm Imaging Colorants Chair, Safety and Security 
Committee, Society of Chemical Manufacturers and Affiliates.
    On October 14, 2009, the Subcommittee on Energy and 
Environment met in open markup session to consider H.R. 2868 
and H.R. 3258. Mr. Markey offered a manager's amendment to H.R. 
2868, which was adopted by a voice vote, amended. Subsequently, 
H.R. 2868 was favorably forwarded to the full Committee, 
amended, by a rollcall vote of 18-10. During consideration of 
H.R. 3258, Mr. Markey also offered a manager's amendment, which 
was adopted by a voice vote, amended. H.R. 3258 was favorably 
forwarded to the full Committee, amended, by a voice vote.
    On October 21, 2009, the full Committee met in open markup 
session to consider H.R. 2868 and H.R. 3258 as approved by the 
Subcommittee on Energy and Environment. During consideration of 
H.R. 2868, a manager's amendment in the nature of a substitute 
to H.R. 2868 offered by Mr. Markey was adopted by a voice vote, 
as amended by two amendments agreed to during consideration of 
the substitute amendment. The Committee subsequently ordered 
H.R. 2868 favorably reported to the House, amended, by a 
rollcall vote of 29-18.
    The Committee then took up H.R. 3258, in which a manager's 
amendment in the form of an amendment in the nature of a 
substitute was offered by Mr. Waxman to the bill. The 
substitute amendment was adopted by a voice vote. The Committee 
subsequently ordered H.R. 3258 favorably reported to the House, 
amended, by a voice vote.
    On October 23, 2009, the Committee on Energy and Commerce 
filed the House reported on H.R. 2868 (H. Rept. 111-205, Part 
2). That same day, the Committee also filed the House report on 
H.R. 3258 (H. Rept. 111-313).
    On November 5, 2009, H. Res. 885, a resolution to provide a 
rule for the consideration of H.R. 2868, passed the House by a 
rollcall vote of 233-182. The rule provided for an amendment in 
the nature of a substitute (as printed in part A of H. Rept. 
111-327), which made the following changes to H.R. 2868: 
designated the ``Chemical Facility Anti-Terrorism Act of 2009'' 
as Title I; created a new Title II, incorporating provisions of 
H.R. 3258, the ``Drinking Water System Security Act of 2009,'' 
as reported by the Committee on Energy and Commerce; created a 
new Title III, incorporating provisions of H.R. 2883, the 
``Wastewater Treatment Works Security Act of 2009'' (Clean 
Water Act); and changed the title of H.R. 2868 to the 
``Chemical and Water Security Act of 2009''.
    On November 6, 2009, the House considered H.R. 2868 and 
passed the bill, as amended, by a rollcall vote of 230-193.
    On November 9, 2009, H.R. 2868 was received by the Senate 
and read twice and referred to the Senate Committee on Homeland 
Security and Governmental Affairs.
    On March 3, 2010, the Senate Committee on Homeland Security 
and Governmental Affairs held a hearing on H.R. 2868.
    On July 28, 2010, the Senate Committee on Homeland Security 
and Governmental Affairs met in open markup session to consider 
H.R. 2868 as passed by the House. An amendment in the nature of 
a substitute was offered by Sen. Collins of Maine, and was 
adopted without objection. Subsequently, the Committee ordered 
H.R. 2868 favorably reported to the Senate, as amended, by a 
rollcall vote of 13-0.
    On December 16, 2010, the Senate Committee on Homeland 
Security and Governmental Affairs reported H.R. 2868 to the 
Senate, amended (S. Rept. 111-370).
    No further action was taken on H.R. 2868 or H.R. 3258 
during the 111th Congress.

            AMERICAN MEDICAL ISOTOPES PRODUCTION ACT OF 2009

                               H.R. 3276

    To promote the production of molybdenum-99 in the United 
States for medical isotope production, and to condition and 
phase out the export of highly enriched uranium for the 
production of medical isotopes.

Summary

    H.R. 3276 provides the Department of Energy new legal 
authority and resources to assist and accelerate private sector 
projects to establish a robust domestic supply of molybdenum-99 
produced without the use of highly enriched uranium. The Act 
authorizes $163 million over five years for the Department of 
Energy to evaluate and support private-sector projects for the 
domestic production of molybdenum-99 without the use of highly 
enriched uranium.
    The bill also amends the Atomic Energy Act to allow the 
domestic use of highly enriched uranium for medical isotope 
production only if the reactor operator is working to convert 
to the use of low enriched uranium. In addition, the bill 
amends the Atomic Energy Act to prohibit the issuance of export 
licenses for highly enriched uranium for medical isotope 
production seven years after the date of enactment. This period 
can be extended for no more than four years by the Secretary of 
Energy. The bill would also allow for the temporary suspension 
of the restriction of HEU export licenses if there is a 
critical shortage in the supply of molybdenum-99 available to 
satisfy the domestic United States medical isotope needs, the 
Secretary of Energy certifies to Congress that the export of 
U.S.-origin HEU for the purposes of medical isotope production 
is the only effective temporary means to increase the supply of 
molybdenum-99 necessary to meet U.S. medical isotope needs 
during that period, and Congress passes a joint resolution 
approving the temporary suspension.

Legislative History

    On July 21, 2009, H.R. 3276 was introduced by Reps. Markey 
of Massachusetts and Upton of Michigan, and was referred to the 
Committee on Energy and Commerce.
    On July 22, 2009, H.R. 3276 was referred to the 
Subcommittee on Energy and Environment.
    On September 9, 2009, the Subcommittee on Energy and 
Environment held a legislative hearing on H.R. 3276. The 
Subcommittee received testimony from representatives of the 
National Nuclear Security Administration (NNSA), the Committee 
on Medical Isotope Production Without Highly Enriched Uranium 
at the National Academy of Sciences (NAS), and the Council on 
Radionuclides and Radiopharmaceuticals (CORAR).
    On October 14, 2009, the Subcommittee on Energy and 
Environment met in open markup session. A manager's amendment 
in the nature of a substitute offered by Mr. Markey was adopted 
by a voice vote. H.R. 3276 was forwarded to the full Committee, 
amended, by a voice vote.
    On October 21, 2009, the full Committee met in open markup 
session to consider H.R. 3276 as approved by the Subcommittee 
on Energy and Environment. A manager's amendment in the nature 
of a substitute offered by Mr. Markey was adopted by a voice 
vote. The Committee ordered H.R. 3276 favorably reported to the 
House, amended, by a voice vote.
    On November 4, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 3276 (H. Rept. 111-328).
    On November 5, 2009, H.R. 3276 was considered by the House 
under suspension of the rules and passed, as amended, by a 
rollcall vote of 400-17.
    On November 6, 2009, H.R. 3276 was received by the Senate 
and read twice and referred to the Senate Committee on Energy 
and Natural Resources.
    On December 3, 2009, the Senate Committee on Energy and 
Natural Resources held a hearing on H.R. 3276.
    On December 16, 2009, the Senate Committee on Energy and 
Natural Resources met in open markup session to consider H.R. 
3276 as passed by House. H.R. 3276 was ordered favorably 
reported to the Senate, amended, by a voice vote.
    On January 28, 2010, the Senate Committee on Energy and 
Natural Resources filed the Senate report on H.R. 3276 (S. 
Rept. 111-120).
    No further action was taken on H.R. 3276 during the 111th 
Congress.

                   RADIOACTIVE IMPORT DETERRENCE ACT

                           H.R. 515 (S. 232)

    To prohibit the importation of certain low-level 
radioactive waste into the United States.

Summary

    H.R. 515 amends the Atomic Energy Act of 1954 by inserting 
a new Sec. 277, Importation of Low-Level Radioactive Waste. The 
bill provides that the Nuclear Regulatory Commission shall not 
issue licenses authorizing the importation into the United 
States of low-level radioactive waste and radioactive waste 
below regulatory concern. The bill provides exceptions to the 
prohibition for federal government or military use and for the 
return to the United States for management and disposal of low-
level radioactive waste resulting from the use in a foreign 
country of certain United States origin nuclear material.
    The bill also authorizes the President to waive the 
prohibition in subsection a. for a specific license application 
upon a finding that the importation would meet an important 
national or international policy goal. Such a waiver must 
specify the policy goal to be achieved, how it is to be 
achieved, and the amount of material to be imported. H.R. 515 
also provides that licenses issued before the date of enactment 
of this section may continue in effect on their original terms, 
but may not be extended or amended with respect to the amount 
of material permitted to be imported.

Legislative History

    On January 14, 2009, H.R. 515 was introduced by Reps. 
Gordon of Tennessee, Terry of Nebraska, and Matheson of Utah, 
and was referred to the Committee on Energy and Commerce and in 
addition to the Committee on Ways and Means.
    On January 15, 2009, H.R. 515 was referred to the 
Subcommittee on Energy and Environment.
    On October 16, 2009, the Subcommittee on Energy and 
Environment held a legislative hearing on H.R. 515. The 
Subcommittee received testimony from Margaret M. Doane, 
Director, Office of International Programs, U.S. Nuclear 
Regulatory Commission (NRC); Leonard C. Slosky, Executive 
Director, Rocky Mountain Low Level Waste Board; and Val 
Christensen, President, EnergySolutions.
    On November 3, 2009, the Subcommittee on Energy and 
Environment met in open markup session to consider H.R. 515. A 
manager's amendment in the nature of a substitute offered by 
Mr. Markey was adopted by a voice vote. H.R. 515 was then 
forwarded to the full Committee, amended, by a voice vote.
    On November 19, 2009, the full Committee met in open markup 
session to consider H.R. 515 as approved by the Subcommittee on 
Energy and Environment. Subsequently, the Committee ordered 
H.R. 515 favorably reported to the House, as amended by the 
Subcommittee, by a rollcall vote of 34-12.
    On December 2, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 515 (H. Rept. 111-348, Part 1). 
That same day the House passed H.R. 515 under suspension of the 
rules, amended, by a rollcall vote of 309-112.
    On December 3, 2009, the Senate received H.R. 515 with the 
House amendment and it was referred to the Senate Committee on 
Environment and Public Works.
    No further action was taken on H.R. 515 during the 111th 
Congress.

                 HOME STAR ENERGY RETROFIT ACT OF 2010

                 H.R. 5019 (S. 3177, S. 3434, S. 3663)

    To provide for the establishment of the Home Star Retrofit 
Rebate Program, and for other purposes.

Summary

    H.R. 5019 is intended to improve the energy efficiency of 
American homes, to increase employment in the home construction 
and renovation industries, to promote domestic manufacture of 
energy efficient products and materials, to foster private 
enterprise in energy efficiency retrofit services and quality 
assurance, and to assist homeowners requiring assistance with 
energy efficiency financing.
    The Home Star program is designed to facilitate homeowner 
investment and prompt a surge in interest in home retrofitting 
and its benefits, with a goal of creating longer-term awareness 
of the benefits of energy efficiency retrofits that can outlive 
the two-year program. In addition, Home Star would promote 
increases in employment in the home retrofitting industry and 
in the manufacture of energy efficient products.
    There are two primary components to the Home Star program. 
First is the two-year Home Star Retrofit rebate program. Second 
is the Home Star energy efficiency loan program which stands up 
a financing mechanism to encourage energy efficiency home 
retrofits after the completion of the rebate program.
    The Home Star retrofit rebate program provides for two 
tracks for home retrofit projects: the Silver Star program and 
the Gold Star program. Home retrofit projects have 
traditionally been hindered by consumer uncertainty about what 
measures are cost effective and certain to produce savings when 
installed. The Silver Star program addresses this problem by 
describing a menu of specific energy-saving technologies that 
are known to be widely available on the national market and 
highly cost-effective when installed as prescribed by their 
manufacturers. Under the bill, specific rebates are available 
for the installation of such measures, reflecting 50% of their 
cost to the homeowner, up to a maximum of $3,000, for a total 
retrofit representing an investment of $6,000 or more.
    Another impediment to home retrofitting has been the lack 
of public awareness of the benefits of whole-house energy 
analysis techniques. This approach to retrofitting involves 
determining the most cost-effective set of combined measures to 
improve a building's overall efficiency. The Gold Star program 
promotes the use of this approach by offering rebates for 
whole-home retrofit projects that use whole-house analysis 
tools designated by the Secretary to achieve an energy 
efficiency improvement of 20% or more, with a $3,000 initial 
rebate for combined measures that reach a 20% overall level of 
improvement, and an additional $1,000 rebate available for each 
additional 5% overall improvement, to a maximum of $8,000. A 
rebate under the Gold Star program cannot represent more than 
50% of the total cost of the retrofit project.
    The Home Star retrofit rebate program reflects that policy 
that home energy efficiency retrofit practice should evolve 
toward the whole-house analysis model as opposed to the less 
effective measure-by-measure approach. Rebate levels available 
for the Gold Star program are higher than the Silver Star 
program. Additionally, the Silver Star program expires one year 
after enactment, while the Gold Star program continues for the 
second year. Two-thirds of the intended federal funding, 
however, is directed for the Silver Star rebates in the first 
year, with the expectation that consumers will be quick to take 
advantage of such savings on such items.
    The Home Star bill includes a number of provisions designed 
to address the administrative challenge of processing rebates 
for thousands of contractors performing retrofits in millions 
of homes. Home Star would operate through a central data base 
and rebate processing center to which all rebate claims will be 
submitted. A percentage of these claims would be selected for 
quality assurance. In addition, the bill provides for tight but 
realistic timeframes for processing rebates applications and 
distributing federal resources to qualified contractors, with 
the goal of making contractors whole for the discounts they 
must offer within 30 days of rebate applications.
    The legislation also includes a number of provisions 
designed to ensure quality and cost effectiveness in the Home 
Star program. The bill includes incentives for contractors to 
become accredited by the Building Performance Institute or 
other programs recognized by the Secretary of Energy in order 
to participate in Gold Star whole-home retrofit projects. The 
bill also provides incentives for encouraging contractors to 
employ workers trained and certified to perform retrofit work 
and installation. In addition, because of the significant 
unemployment and need for marketable skills in relatively low-
income areas, the legislation encourages training and hiring 
efforts in such areas.
    The bill offers to states funding to create quality 
assurance programs to assign and supervise spot-checks 
confirming that appropriate products are used in retrofits 
designed for optimum savings of energy. Under the bill, the 
Secretary of Energy would pay quality assurance providers to 
inspect a percentage of finished projects and confirm that 
Silver Star and Gold Start rebates have been paid 
appropriately. Those states that elect to create quality 
assurance programs to support Home Star would also develop 
quality assurance frameworks to recognize the accredited 
contractors that are using certified workforces with 
appropriate training and proven skills.
    The legislation also responds to the need for flexible 
financing support for home energy retrofit activities at a time 
when consumer credit terms are very tight and banks are 
constrained in consumer lending. The Home Star energy 
efficiency loan program provides (1) seed funding to states 
that they can use to provide loans at lower interest rates; (2) 
revolving-fund loans; and (3) loans that are tied to the 
property through tax payment or utility-bill recovery such that 
any homeowner can pass the obligation along with the property 
to a new owner.

Legislative History

    Prior to the introduction of H.R. 5019, on March 18, 2010, 
the Subcommittee on Energy and Environment held a hearing on 
proposed legislation to provide for the establishment of a Home 
Star Retrofit Rebate program. The Subcommittee received 
testimony from the Honorable Cathy Zoi, Assistant Secretary for 
Energy Efficiency and Renewable Energy, U.S. Department of 
Energy (DOE); Mr. Larry Laseter, President of WellHome, on 
behalf of the Home Star Coalition; the Honorable John Engler, 
President and Chief Executive Officer, the National Association 
of Manufacturers; Mr. Michael Thaman, Chairman and Chief 
Executive Officer, Owens Corning; and Mr. Christopher A.S. 
Pratt, on behalf of the National Association of Home Builders.
    On March 24, 2010, the Subcommittee on Energy and 
Environment met in open markup session to consider a Committee 
Print dated March 22, 2010, on H.R. __, a bill to provide for 
the establishment of a Home Star Retrofit Rebate Program, and 
for other purposes. A manager's amendment in the nature of a 
substitute was offered by Mr. Markey and adopted by a voice 
vote, amended. Several amendments were offered to the manager's 
amendment during subcommittee consideration and three 
amendments were adopted by a voice vote. Subsequently, the 
Subcommittee voted to forward the Committee Print, amended, to 
the full Committee by a voice vote.
    On April 14, 2010, H.R. 5019 was introduced by Rep. Welch 
of Vermont, along with Reps. Waxman, Markey, Cardoza (D-CA), 
and Ehlers (R-MI), and was referred to the Committee on Energy 
and Commerce. The text of the bill as introduced was identical 
to the text of the Committee Print approved by the Subcommittee 
on March 24, 2010.
    On April 15, 2010, the full Committee met in open markup 
session to consider H.R. 5019. A manager's amendment in the 
nature of a substitute offered by Mr. Waxman was adopted, as 
amended by four other amendments offered to the substitute. 
Subsequently, the Committee ordered H.R. 5019 favorably 
reported to the House, amended, by a rollcall vote of 30-17.
    On April 29, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 5019 (H. Rept. 111-469, Part 1).
    On May 6, 2010, H.R. 5019 was passed by the House, amended, 
by a rollcall vote of 246-161.
    On May 7, 2010, H.R. 5019 was received by the Senate and 
read twice and referred to the Senate Committee on Finance.
    No further action was taken on H.R. 5019 during the 111th 
Congress.

            GRID RELIABILITY AND INFRASTRUCTURE DEFENSE ACT

                     H.R. 5026 (H.R. 2165, S. 1462)

    To amend the Federal Power Act to protect the bulk-power 
system and electric infrastructure critical to the defense of 
the United States against cybersecurity and other threats and 
vulnerabilities.

Summary

    H.R. 5026 amends the Federal Power Act to add a new section 
215A, giving FERC new authorities to protect the electric grid 
against cyber and other threats and vulnerabilities.
    The bill gives FERC the authority to issue emergency orders 
if the President notifies the Commission that a ``grid security 
threat'' exists. A grid security threat is a substantial 
likelihood of a cyber attack, electromagnetic weapon attack, a 
geomagnetic storm, or a direct physical attack on the bulk-
power system or defense critical electric infrastructure that 
would have a significant adverse effect on the reliability of 
the bulk-power system or defense critical electric 
infrastructure. (Defense critical electric infrastructure is 
defined as electric infrastructure outside the bulk-power 
system that serves a facility designated by the President as 
critical to the defense of the United States.) An emergency 
order is discontinued when the President determines the grid 
security threat no longer exists, FERC determines the emergency 
measures are no longer needed to protect against the threat, or 
one year elapses from the date the order was issued.
    H.R. 5026 gives FERC, after notice and opportunity for 
comment, authority to require measures to protect against grid 
vulnerabilities to cyber and electromagnetic weapon attacks if 
FERC determines that NERC reliability standards do not 
adequately address such vulnerabilities. Before promulgating 
such a rule or issuing such an order to address a grid security 
vulnerability, FERC, to the extent practicable in light of the 
urgency of the need for action, is required to request and 
consider recommendations from NERC regarding such a rule or 
order. FERC may establish an appropriate deadline for NERC's 
submission of such recommendations. If NERC later submits an 
adequate standard, the corresponding FERC standard must be 
rescinded.
    The bill also requires FERC to direct NERC to submit under 
section 215 for FERC approval reliability standards (1) to 
protect the bulk power infrastructure against geomagnetic 
storms and (2) to require adequate availability of large 
transformers to ensure the reliability of the bulk power system 
in the event of a physical or other attack or a geomagnetic 
storm. The large transformer standard must allow compliance 
entities to choose to comply either individually or jointly 
(e.g., through a spare transformer sharing program). Both 
standards must balance risks and the cost of protecting against 
those risks.
    FERC is also required, within 180 days of enactment, to 
promulgate a rule or issue an order requiring measures to 
address the ``Aurora vulnerability'' to cyber attack that was 
identified three years ago.
    The bill directs the President to designate not more than 
100 facilities located in the United States that are the most 
critical to the defense of the United States and most 
vulnerable to interruption of an external supply of electricity 
to the facility. If FERC identifies a vulnerability in electric 
infrastructure serving such facilities to a cyber or 
electromagnetic weapon attack that has not adequately been 
addressed, FERC has authority to require measures to protect 
such infrastructure. Infrastructure can be exempted from this 
authority, on a case-by-case basis, if FERC, in consultation 
with the owner or operator of the designated critical facility, 
determines that such infrastructure is adequately protected.
    H.R. 5026 also includes provisions to protect sensitive 
information and provide for Department of Energy assistance to 
industry in protecting the grid and obtaining information 
regarding grid security threats and vulnerabilities.

Legislative History

    On April 29, 2009, H.R. 2165, the Bulk Power System 
Protection Act of 2009, was introduced by Rep. Barrow of 
Georgia, along with Reps. Waxman and Markey. On October 27, 
2009, the Subcommittee on Energy and Environment held a 
legislative hearing on this bill and related legislation. The 
Subcommittee received testimony from: Mr. Joseph McClelland, 
Director of the Office of Electric Reliability, Federal Energy 
Regulatory Commission (FERC); the Honorable Patricia Hoffman, 
Principal Deputy Assistant Secretary for the Office of 
Electricity, U.S. Department of Energy (DOE); the Honorable 
Gary A. Brown, Chairman of the New York Public Service 
Commission; Mr. David Cook, Vice President and General Counsel, 
North American Electric Reliability Corporation (NAERC); and 
Mr. John DiStasio, General Manager and Chief Executive Officer, 
Sacramento Municipal Utility District (SMUD). In preparation 
for that hearing, the Subcommittee convened a classified 
briefing on grid security vulnerabilities and threats for 
members of the full Committee on Energy and Commerce and staff 
with appropriate clearances.
    After the hearing, the majority and minority staffs of the 
Subcommittee and full Committee joined in a bipartisan effort 
to develop grid security legislation. The results of this 
effort were embodied in a Committee print, dated March 22, 
2010.
    On March 24, 2010, the Subcommittee on Energy and 
Environment met in open markup session to consider a Committee 
Print dated March 22, 2010, on H.R. ___, to amend the Federal 
Power Act to protect the bulk-power system and electric 
infrastructure critical to the defense of the United States 
from cybersecurity and other threats and vulnerabilities. 
Subsequently, the Subcommittee approved the text of the 
Committee Print to be forwarded to the full Committee, without 
amendment, by a voice vote.
    On April 14, 2010, H.R. 5026 was introduced by Reps. Markey 
and Upton, and was referred to the Committee on Energy and 
Commerce. The text of the bill as introduced was identical to 
the text of the Committee Print approved by the Subcommittee on 
March 24, 2010.
    On April 15, 2010, the full Committee met in open markup 
session to consider H.R. 5026. A manager's amendment in the 
nature of a substitute by Mr. Waxman was adopted by a voice 
vote. Subsequently, the Committee ordered H.R. 5026 favorably 
reported to the House, amended, by a rollcall vote of 47-0.
    On May 25, 2010, the Committee on Energy and Commerce filed 
the House report on H.R. 5026 (H. Rept. 111-493).
    On June 9, 2010, H.R. 5026 was considered by the House 
under suspension of the rules and passed, as amended, by a 
voice vote.
    On June 10, 2010, H.R. 5026 was received by the Senate and 
read twice and referred to the Senate Committee on Energy and 
Natural Resources.
    On August 5, 2010, the Senate Committee on Energy and 
Natural Resources met in open markup session to consider H.R. 
5026 as passed by the House. The Committee approved an 
amendment in the nature of a substitute by a voice vote. The 
Committee amendment included provisions of S. 1462, the 
``American Clean Energy Leadership Act of 2009'', which was 
ordered favorably reported to the Senate on June 17, 2009. 
Subsequently, the Committee ordered H.R. 5026 favorably 
reported to the Senate, amended, by a voice vote.
    On September 27, 2010, the Senate Committee on Energy and 
Natural Resources filed the Senate report on H.R. 5026 (S. 
Rept. 111-331).
    No further action was taken on H.R. 5026 during the 111th 
Congress.

              COLLINSVILLE RENEWABLE ENERGY PROMOTION ACT

                     H.R. 4451 (H.R. 3228, S. 3532)

    To reinstate and transfer certain hydroelectric licenses 
and extend the deadline for commencement of construction of 
certain hydroelectric projects.

Summary

    H.R. 4451 authorizes the Federal Energy Regulatory 
Commission (FERC) to reinstate the terminated licenses for the 
Upper and Lower Collinsville Dams hydroelectric projects and to 
extend for two years the date by which the licensee is required 
to commence construction. If FERC exercises this authority for 
either of the two licenses, the bill requires FERC to transfer 
such license to the Town of Canton. Before taking these 
actions, the bill requires FERC to complete an environmental 
assessment for the projects to update the environmental 
analysis that was previously performed.
    After a 30-day public comment period, FERC is required to 
consider the public comments on the environmental assessment 
and incorporate terms and conditions in the reinstated licenses 
that FERC determines are necessary based on the public 
comments. FERC is required to make a final decision regarding 
the reinstatement within 270 days of the date of enactment of 
the Act. If FERC reinstates the licenses and extends the 
deadline for commencing construction, the transfer of the 
licenses to the Town of Canton must also take place within 270 
days of the date of enactment of the Act.

Legislative History

    On January 13, 2010, H.R. 4451 was introduced by Rep. 
Christopher Murphy of Connecticut, and referred to the 
Committee on Energy and Commerce.
    On January 15, 2010, H.R. 4451 was referred to the 
Subcommittee on Energy and Environment.
    On March 24, 2010, the Subcommittee on Energy and 
Environment met in open markup session. H.R. 4451 was forwarded 
to the full Committee, without amendment, by a voice vote.
    On May 26, 2010, the full Committee met in open markup 
session to consider H.R. 4451 as approved by the Subcommittee 
on Energy and Environment. An amendment in the nature of a 
substitute, offered by Mr. Murphy, was adopted by a voice vote. 
Subsequently, H.R. 4451 was ordered favorably reported, 
amended, to the House by a voice vote.
    On June 14, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 4451 (H. Rept. 111-505).
    On June 16, 2010, H.R. 4451 was considered by the House 
under suspension of the rules and passed, as amended, by a 
voice vote.
    On June 17, 2010, H.R. 4451 was received by the Senate and 
read twice and referred to the Senate Committee on Energy and 
Natural Resources.
    On June 24, 1010, S. 3532, companion legislation identical 
to H.R. 4451 as passed by the House, was introduced by Senators 
Dodd (D-CT) and Lieberman (I-CT). That same day, S. 3532 was 
referred to the Senate Committee on Energy and Natural 
Resources.
    No further action was taken on H.R. 4451 or S. 3532 during 
the 111th Congress.

       ASSISTANCE, QUALITY, AND AFFORDABILITY (AQUA) ACT OF 2010

                         H.R. 5320 (H.R. 5289)

    To amend the Safe Drinking Water Act to increase assistance 
for states, water systems, and disadvantaged communities; to 
encourage good financial and environmental management of water 
systems; to strengthen the Environmental Protection Agency's 
ability to enforce the requirements of the Act; to reduce lead 
in drinking water; to strengthen the endocrine disruptor 
screening program; and for other purposes.

Summary

    H.R. 5320 is a bill to amend the Safe Drinking Water Act 
(SDWA) to authorize increased assistance to states, water 
systems, and disadvantaged communities, encourage improved 
financial and environmental management of water systems, 
provide the Environmental Protection Agency (EPA) with 
additional tools for enforcement, reduce lead in drinking water 
fixtures and piping, and amend the Endocrine Disruptor 
Screening Program (EDSP) for chemicals in drinking water.
    The bill reauthorizes and increases the authorization 
levels for the drinking water state revolving fund (SRF) and 
technical assistance for small systems. It adds projects 
designed to improve the sustainability and long-term viability 
of water systems to the list of priorities that should inform 
state funding decisions and encourages public water systems to 
improve their managerial capacity and reduce their 
environmental impact. It provides priority for SRF funds for 
water systems serving disadvantaged communities that cannot 
afford to comply with new drinking water standards and requires 
states to provide additional assistance to water systems 
serving disadvantaged communities and struggling to comply with 
existing drinking water standards.
    The bill also changes the legal definition of ``lead-free'' 
for pipes and fixtures from 8% lead to 0.25% lead in wetted 
surfaces. It increases the funding available to the territories 
for drinking water infrastructure. It provides additional tools 
for enforcement of the Safe Drinking Water Act by clarifying 
requirements for technical assistance and follow-up inspections 
and amends the Endocrine Disruptor Screening Program for 
chemicals in drinking water by outlining transparent procedures 
for requiring testing and updating methods.

Legislative History

    On May 13, 2010, the Subcommittee on Energy and Environment 
held a legislative hearing on proposed legislative language to 
reauthorize the Safe Drinking Water Act state revolving fund. 
At this hearing, witnesses representing rural and metropolitan 
water systems, and state administrators testified on the SRF-
related portions of the legislation. The Subcommittee also 
received testimony on the provisions related to the Endocrine 
Disruptor Screening Program (EDSP) from Sarah Janssen, 
representing the Natural Resources Defense Council, and Terry 
Quill, of Quill Law Group. Cynthia Dougherty, Director of the 
U.S. Environmental Protection Agency (EPA) Office of Ground 
Water and Drinking Water, offered testimony on all provisions 
of the bill.
    On May 18, 2010, H.R. 5320 was introduced by Reps. Waxman 
and Markey, and subsequently referred to the Committee on 
Energy and Commerce. That same day, the bill was referred to 
the Subcommittee on Energy and Environment.
    On May 19, 2010, the Subcommittee on Energy and Environment 
met in open markup session to consider H.R. 5320. A manager's 
amendment in the form of an amendment in the nature of a 
substitute offered by Mr. Markey was adopted, amended, by a 
voice vote. H.R. 5320 was then favorably forwarded to the full 
Committee, amended, by a rollcall vote of 18-13.
    On May 26, 2010, the full Committee met in open markup 
session to consider H.R. 5320 as approved by the Subcommittee. 
A manager's amendment in the form of an amendment in the nature 
of a substitute offered by Mr. Waxman was adopted, amended, by 
a voice vote. Subsequently, the Committee ordered H.R. 5320 
favorably reported to the House, amended, by a rollcall vote of 
45-1.
    On July 1, 2010, the Committee on Energy and Commerce filed 
the House report on H.R. 5320 (H. Rept. 111-524).
    On July 30, 2010, the House considered H.R. 5320 under 
suspension of the rules and passed, as amended, by a voice 
vote.
    On August 2, 2010, the Senate received H.R. 5320 and on 
August 5, 2010, the bill was referred to the Senate Committee 
on Environment and Public Works.
    No further action was taken on H.R. 5320 during the 111th 
Congress. Provisions in this bill relating to reduction in lead 
in drinking water were enacted under S. 3874/H.R. 5289.

                     BLOWOUT PREVENTION ACT OF 2010

                               H.R. 5626

    To protect public health and safety and the environment by 
requiring the use of safe well control technologies and 
practices for the drilling of high-risk oil and gas wells in 
the United States, and for other purposes.

Summary

    H.R. 5626 establishes new federal regulatory requirements 
to prevent future spills from oil and gas wells. These new 
requirements apply to all oil and gas wells on the Outer 
Continental Shelf (OCS) and to other high-risk wells that could 
cause extensive and widespread harm to public health and safety 
or the environment in the event of a blowout.
    To ensure greater accountability, the bill requires the oil 
company CEO to certify that the well design is safe, that the 
blowout preventer (BOP) has redundant systems for all 
foreseeable blowout scenarios and failure modes, and that the 
company can promptly control and stop a blowout if the BOP and 
other well control measures fail.
    The Committee's investigation of the April 2010 explosion 
on Deepwater Horizon rig contracted by BP to drill for oil 
revealed multiple flaws in BP's BOP, including emergency 
controls that did not activate, dead batteries, leaking 
hydraulic systems, and disconnected rams. To increase the 
reliability of this essential safety device, H.R. 5626 sets 
minimum standards for BOPs, including the requirement that the 
BOP have two sets of blind shear rams and redundant emergency 
backup control systems that can activate when communications 
from the rig are severed.
    To ensure wells are drilled with the highest possible 
safety standards, the bill requires the installation of at 
least three barriers across each hydrocarbon flow path, the 
installation and pressure testing of lockdown devices, adequate 
centralization of casing, the circulation of drilling fluids 
prior to cementing, and cement bond logs for all cementing 
programs intended to provide a barrier to hydrocarbon flow. New 
standards will also require steps to minimize the risk of 
ignition of hydrocarbons during a blowout or well control 
event. In addition, oil companies are required to maintain a 
team of experienced and highly qualified engineers to advise 
the well operator on safety.
    To ensure compliance with the new requirements, H.R. 5626 
requires that BOPs, well designs, and cementing procedures be 
certified as safe by independent, third-party inspectors 
selected by the federal regulator, not the oil company.
    H.R. 5626 protects whistleblowers that raise safety 
concerns and establishes requirements for well operators and 
contractors to stop work when there are conditions indicating 
an immediate risk of a blowout.
    The legislation also establishes significant civil and 
criminal penalties for violations, including criminal fines of 
up to $10,000,000 per day for knowing and willful violations.
    The bill establishes an independent Well Control Technical 
Advisory Committee to review proposed regulations, respond to 
requests for advice from the federal officials, assess 
implementation, and provide periodic reports assessing 
available well control technologies and practices.
    H.R. 5626 also provides the Chemical Safety and Hazard 
Investigation Board with unrestricted access to personnel and 
records in investigating oil spills.
    The provisions of the Act apply to (1) all wells on the OCS 
and (2) other wells if they could cause extensive and 
widespread impacts in the event of a blowout and are not 
effectively regulated by the state. For wells drilled on the 
OCS, the federal regulator has the responsibility to enforce 
the provisions of the Act. For wells drilled offshore in state 
waters that could cause extensive and widespread impacts, the 
state has the responsibility to enforce the provisions of the 
Act or comparable provisions, unless the state lacks an 
adequate regulatory regime, in which case the federal regulator 
enforces the provisions. For wells drilled on land that could 
cause extensive and widespread impacts, the state or the 
federal government has the primary responsibility to regulate 
the wells effectively, depending on where the wells are 
located.

Legislative History

    On June 29, 2010, H.R. 5626 was introduced by Chairmen 
Waxman, Markey, and Stupak, and subsequently referred to the 
Committee on Natural Resources, and in addition to the 
Committee on Energy and Commerce.
    On June 30, 2010, H.R. 5626 was referred to the 
Subcommittee on Energy and Environment. That same day, the 
Subcommittee held a legislative hearing on H.R. 5626. The 
Subcommittee received testimony from the Honorable David J. 
Hayes, Deputy Secretary of the Interior; Mr. John Martinez, 
Consulting Production Engineer, Production Associates; and Mr. 
Elgie Holstein, Senior Director for Federal Strategy, 
Environmental Defense Fund.
    On July 15, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 5626, discharging the 
Subcommittee from further consideration. A manager's amendment 
in the form of an amendment in the nature of a substitute was 
offered by Mr. Waxman. The Committee adopted several amendments 
to the manager's amendment by voice votes, and then agreed to 
the amendment in the nature of a substitute, as amended, by a 
voice vote. Subsequently, H.R. 5626 was ordered favorably 
reported to the House, amended, by a rollcall vote of 48-0 with 
1 member voting ``present.''
    On July 29, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 5626 (H. Rept. 111-581, Part 1).
    Key provisions of H.R. 5626 were incorporated into H.R. 
3534, the Consolidated Land, Energy, and Aquatic Resources 
(CLEAR) Act of 2009, a bill reported by the House Committee on 
Natural Resources. On July 30, 2010, the House passed H.R. 
3534, as amended, by a rollcall vote of 209-193 with 1 member 
voting ``present.'' H.R. 3534 was received by the Senate and 
placed on the Senate Legislative Calendar on August 3, 2010. It 
was then read a second time and placed on the Senate 
Legislative Calendar under General Orders.
    No further action was taken on H.R. 5626 or H.R. 3534 
during the 111th Congress.

                         RESOLUTION OF INQUIRY

                             (H. Res. 449)

    Resolution of inquiry requesting the President to provide 
certain documents in his possession to the House of 
Representatives relating to the Environmental Protection 
Agency's April 2009 proposed finding that greenhouse gas 
emissions are a danger to public health and welfare, having 
considered the same, report thereon without amendment and 
without recommendation.

Summary

    H. Res. 449 requests the President to transmit to the House 
of Representatives, not later than 14 days after adoption of 
the resolution, all documents in his possession produced by the 
Administrator of the Environmental Protection Agency (EPA) or 
the Director of the Office of Management and Budget relating 
to: (1) The untitled, undated memo marked ``Deliberative--
Attorney Client Privilege,'' which begins ``The NPRM fails to 
articulate the process by which the Administrator came to the 
conclusion on p. 30''; (2) Interagency comments or documents 
related to the Environmental Protection Agency's April proposed 
finding that greenhouse gas emissions are a danger to public 
health and welfare; (3) Cost benefit or systematic risk 
analysis related to the Environmental Protection Agency's April 
proposed finding that greenhouse gas emissions are a danger to 
public health and welfare; (4) Scientific evidence or opinion 
that demonstrates health effects of greenhouse gases.

Legislative History

    On May 15, 2009, H. Res. 449 was introduced by Rep. 
Sensenbrenner of Wisconsin and referred to the Committee on 
Energy and Commerce.
    On June 10, 2009, the Committee on Energy and Commerce met 
in open markup session to consider H. Res. 449. The Committee 
ordered the resolution to be reported to the House without 
amendment and without recommendation by a voice vote.
    On June 12, 2009, the Committee on Energy and Commerce 
filed the House report on H. Res. 449 (H. Rept. 111-146).
    No further action was taken on H. Res. 449 during the 111th 
Congress.

                         RESOLUTION OF INQUIRY

                             (H. Res. 1466)

    Resolution of inquiry requesting the President and 
directing the Secretary of Energy to provide certain documents 
to the House of Representatives relating to the Department of 
Energy's application to foreclose use of Yucca Mountain as a 
high level nuclear waste repository.

Summary

    H. Res 1466 would request the President and direct the 
Secretary of Energy to produce, not later than 14 days after 
adoption of the resolution, all documents in possession of the 
Secretary of Energy or Director of the Office of Management and 
Budget related to (1) the Department of Energy's (DOE's) motion 
to withdraw its licensing application for the Yucca Mountain 
repository, (2) the elimination of funding for Yucca Mountain, 
(3) DOE's reprogramming of fiscal year 2010 funds to bring the 
Yucca Mountain project to an orderly close, (4) DOE's 
discontinuation of monitoring and data collection at the Yucca 
Mountain site, and (5) DOE's efforts to preserve documents 
supporting its Yucca Mountain license application.

Legislative History

    On June 22, 2010, H. Res. 1466 was introduced by Rep. 
Sensenbrenner of Wisconsin and referred to the Committee on 
Energy and Commerce.
    On July 17, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H. Res. 1466. The Committee 
ordered the resolution to be reported to the House without 
amendment and without recommendation by a voice vote.
    On July 19, 2010, the Committee on Energy and Commerce 
filed the House report on H. Res. 1466 (H. Rept. 111-550).
    No further action was taken on H. Res. 1466 during the 
111th Congress.

                          Oversight Activities


 IMPACTS OF H.R. 3795, THE OVER-THE-COUNTER DERIVATIVES MARKETS ACT OF 
                        2009, ON ENERGY MARKETS

    On December 2, 2009, the Subcommittee on Energy and 
Environment held an oversight hearing on the impacts of H.R. 
3795, the Over-the-Counter Derivatives Markets Act of 2009, on 
Energy Markets. The hearing examined the impact of potential 
Commodity Futures Trading Commission (CFTC) regulation on 
organized energy markets currently regulated by the Federal 
Energy Regulatory Commission (FERC), both under current law and 
under the provisions of H.R. 3795. At the time of the hearing, 
the bill had recently been reported by the House Agriculture 
and Financial Services Committees.
    The hearing examined concerns that the broad definition of 
``swap'' in H.R. 3795 would significantly disrupt transmission 
and electricity markets by creating the potential for 
conflicting or duplicative regulation by the CFTC. The 
Subcommittee heard testimony regarding concerns that the 
definition of ``swap'' potentially subjects a number of FERC-
regulated markets to CFTC regulation and, by application of the 
exclusive jurisdiction provision of the Commodity Exchange Act, 
could strip FERC of its regulatory authority and its ability to 
ensure ``just and reasonable'' prices. The Subcommittee also 
examined the question of whether H.R. 3795 could undermine 
authorities that Congress gave FERC in the aftermath of the 
California energy crisis to prevent, investigate, and penalize 
market manipulation.
    The Subcommittee heard testimony from the Chairman of the 
Federal Energy Regulatory Commission and the Chairman of the 
Commodity Future Trading Commission. The Subcommittee received 
further testimony from the Edison Electric Institute, the 
American Public Power Association, the National Rural Electric 
Cooperative Association, the Electric Power Supply Association, 
and PJM Interconnection, Inc. Each of the witnesses addressed 
the potential for regulatory duplication or conflict, impacts 
on FERC's existing regulatory authority, and impacts on the 
functioning of FERC-regulated energy markets, including those 
operated by Regional Transmission Organizations and Independent 
System Operators.

                     COAL COMBUSTION WASTE DISPOSAL

    On December 10, 2009, the Subcommittee on Energy and 
Environment held an oversight hearing to examine the safe 
drinking water and health impacts associated with current coal 
combustion waste disposal practices. Coal-fired power plants 
generate over 130 million tons of coal combustion waste each 
year, the second largest single waste stream in the United 
States. Despite containing hazardous constituents, coal 
combustion waste is exempt from federal hazardous waste 
management regulation. At the time of the hearing, the 
Environmental Protection Agency was preparing a proposed rule 
regulating coal combustion waste disposal.
    The hearing reviewed the regulatory status of coal 
combustion waste as well as the negative health and drinking 
water consequences associated with current disposal practices. 
The Subcommittee heard testimony from three citizens whose 
health and drinking water were negatively impacted by coal 
combustion waste disposal. The Subcommittee received further 
testimony from Earthjustice, the Electric Power Research 
Institute, an expert in public health policy, and a practicing 
physician.

       THE EXXONMOBIL-XTO MERGER: IMPACTS ON U.S. ENERGY MARKETS

    On January 20, 2010, the Subcommittee on Energy and 
Environment held an oversight hearing to examine the proposed 
merger of ExxonMobil Corporation and XTO Energy Inc., and the 
ramifications for U.S. oil and natural gas markets.
    The purpose of the hearing was to examine the intended 
merger of two of the largest players in the U.S. oil and gas 
exploration and production market. The proposed ExxonMobil-XTO 
merger would create the largest natural gas producer in the 
United States with the largest base of domestic natural gas 
reserves in the industry. The new entity would leverage XTO's 
significant experience and technical expertise in development 
of unconventional natural gas deposits to create a new 
international unconventional resource division within the 
merged company's exploration and production business segment. 
XTO's specialization in unconventional onshore gas production, 
especially its experience with hydraulic fracturing, was 
considered to be a key component in the merger agreement. The 
Subcommittee heard testimony from the Chairman and CEO of 
ExxonMobil Corporation, and the Chairman of the Board and 
Founder of XTO Energy, Inc.

            ENDOCRINE DISRUPTING CHEMICALS IN DRINKING WATER

    On February 25, 2010, the Subcommittee on Energy and 
Environment held an oversight hearing to examine the science 
and regulation of endocrine disruptors that may be found in 
sources of drinking water. The hearing reviewed the progress of 
the Environmental Protection Agency (EPA) in screening 
contaminants for their potential to disrupt the human endocrine 
system under the Endocrine Disruptor Screening Program (EDSP). 
EPA issued the first test orders for the program in October of 
2009, selecting 67 pesticide chemicals to undergo the first 
round of testing. The Deputy Assistant Administrator in EPA's 
Office of Prevention, Pesticides and Toxic Substances testified 
that EPA is on track to obtain endocrine screening data on 
several hundred chemicals within the next several years.
    The hearing also focused on the state of the science and 
ongoing research on endocrine disrupting chemicals. The 
Director of the National Institute for Environmental Health 
Sciences testified that even low exposures to endocrine 
disruptors can have effects on the body, and that these effects 
can be observed long after exposure has ceased. The 
Subcommittee also heard testimony from the Natural Resources 
Defense Council and the president of a toxicological consulting 
firm.

         OVERSIGHT OF THE FEDERAL ENERGY REGULATORY COMMISSION

    On March 23, 2010, the Subcommittee on Energy and 
Environment held an oversight hearing on the Federal Energy 
Regulatory Commission (FERC). The hearing examined how the FERC 
was implementing its statutory duties and authorities. The 
Subcommittee received testimony from the Federal Energy 
Regulatory Commission members: Chairman Jon Wellinghoff, 
Commissioner Marc Spitzer, Commissioner Philip Moeller, and 
Commissioner John Norris. FERC initiatives discussed by the 
witnesses included: integration of renewable resources into the 
power system; implementation of smart grid and energy storage 
technologies and systems; promotion of demand response 
measures; development of electric transmission, including 
planning, siting, and cost-allocation; oversight and protection 
of the electricity and natural gas markets against fraud or 
manipulation; promotion of just and reasonable rates and fair 
competition in electricity and natural gas markets; and 
protecting the security of the grid against cyber security 
threats and other vulnerabilities.

        CLEAN ENERGY POLICIES THAT REDUCE OUR DEPENDENCE ON OIL

    On April 28, 2010, the Subcommittee on Energy and 
Environment held an oversight hearing on clean energy policies 
that reduce U.S. dependence on oil. The hearing examined the 
U.S. Environmental Protection Agency's policies that reduce our 
dependence on oil, including motor vehicle tailpipe greenhouse 
gas standards and associated endangerment finding. The impact 
of oil dependence on our economy and national security and how 
EPA regulations and future policies can reduce that dependence 
were also discussed in the hearing.
    The Subcommittee heard from a panel of both governmental 
and stakeholder witnesses. The EPA Administrator delivered 
testimony on regulations that reduce our dependence on oil, 
including tailpipe standards, the renewable fuels standard, and 
the EPA's endangerment finding. The President of the National 
Petrochemical and Refiners Association also provided testimony 
on the recent EPA regulations. The Chairman, President, and CEO 
of FedEx Corporation discussed the impact of oil dependence on 
our economic and national security, and ways that the U.S. 
might reduce its dependence on oil as a transportation fuel. 
The Vice President for North America of Better Place commented 
on the economic and national security benefits of the 
electrification of transportation systems. A Security Fellow at 
the Truman National Security Project delivered testimony on the 
impacts of our reliance on oil on national security and our 
armed forces.

                              BP OIL SPILL

    On April 20, 2010, the Deepwater Horizon, an oil rig 
contracted by BP to drill a deepwater well in the Gulf of 
Mexico, exploded. Eleven people died and 15 were injured. After 
a second explosion on April 22, 2010, the Deepwater Horizon 
sank, and on April 24, 2010, remotely operated vehicles (ROVs) 
confirmed that the oil was spewing from the site into the Gulf 
of Mexico.
    A total of four member-level briefings were convened by the 
Subcommittee on Energy and Environment: (1) a May 4, 2010, 
briefing by representatives from BP, Transocean, and 
Halliburton for members and staff regarding the ongoing events 
and response; (2) a May 19, 2010, briefing titled ``Sizing up 
the BP Oil Spill: Science and Engineering Measuring Methods;'' 
(3) a May 21, 2010, briefing titled ``Oceans Under Siege: 
Environmental Impacts of the BP Oil Spill;'' (4) a June 9, 
2010, briefing titled ``Beneath the Surface of the BP Spill: 
What's Happening Now, What's Needed Next.''
    The Subcommittee on Energy and Environment held a series of 
five oversight hearings on the explosion of the Deepwater 
Horizon oil drilling rig and subsequent spill.
    On May 27, 2010, the Subcommittee held a hearing titled 
``Combating the BP Oil Spill.'' The hearing examined the 
ongoing response to the spill. The Subcommittee received 
testimony from representatives of EPA, the National Oceanic and 
Atmospheric Administration (NOAA), the Department of the 
Interior (DOI), the Army (Civil Works), and the United States 
Coast Guard (USCG) on behalf of the Unified Area Command.
    On June 10, 2010, the Subcommittee held a hearing titled 
``The BP Oil Spill: Human Exposure and Environmental Fate.'' 
The hearing examined the potential impacts to humans and the 
environment associated with the spill. The Subcommittee 
received testimony from a number of scientists and academics 
from: the Department of Marine and Geochemistry at the Woods 
Hole Oceanographic Institution; the Louisiana State University 
Health Services Center-New Orleans, School of Public Health; 
and the Natural Resources Defense Council.
    On June 15, 2010, the Subcommittee held a hearing titled 
``Drilling Down on America's Energy Future: Safety, Security 
and Clean Energy.'' The Subcommittee received testimony from 
the top executives of the five largest oil companies: 
ExxonMobil, Chevron, ConocoPhillips, Shell Oil Co., and BP 
America, Inc. Each of the witnesses discussed the impacts of 
the nation's dependence on oil; the safety of drilling 
operations especially those associated with the oil spill in 
the Gulf of Mexico; and actions to develop and promote the use 
of renewable and alternative energy sources that can reduce our 
overall dependence on oil.
    On July 20, 2010, the Subcommittee held a joint hearing 
with the Subcommittee on Oversight and Investigations on ``The 
Role of the Interior Department in the Deepwater Horizon 
Disaster.'' Testimony was received from past and present 
Secretaries of the Interior. The hearing examined DOI's role in 
the regulation of deepwater drilling prior to the disaster, and 
DOI's actions to respond to the spill.
    On August 19, 2010, the Subcommittee held a hearing titled 
``The BP Oil Spill: Accounting for the Spilled Oil and Ensuring 
the Safety of Seafood from the Gulf.'' The hearing examined 
potential impacts to the marine environment and fisheries that 
are associated with the spill and its cleanup. The Subcommittee 
received testimony from two panels of witnesses, representing 
government agencies, scientists, and members of the seafood 
industry. The first panel included: the Senior Scientist in the 
Office of Response and Restoration at NOAA; the Assistant 
Administrator in the Office of Research and Development at EPA; 
and the Acting Deputy Director at the Center for Food Safety 
and Applied Nutrition at the Food and Drug Administration 
(FDA). The second panel included: a professor of Oceanography 
at Florida State University; the Chief Executive Officer of 
Motivatit Seafood, LLC; the Vice President of the Louisiana 
Shrimpers Association; the President of Dean Blanchard Seafood, 
Inc.; and the Senior Scientist with the Oceans Programs at the 
Natural Resources Defense Council.
    The subcommittee also sent a total of 46 letters regarding 
the Deepwater Horizon rig, the Macondo well spill and response. 
Of the 46 letters sent by the subcommittee 25 went to BP, 8 
went to other oil companies, and 13 letters went to a variety 
of federal agencies and commissions. BP received letters from 
the subcommittee regarding: publicly available live video feeds 
of the well; flow rate estimates; evidence of an undersea oil 
plume; access to data and video for independent scientists; 
relief well efforts; hurricane response plans; and efforts to 
stop the flow of oil. The five largest oil companies received 
letters regarding their Oil Spill Response Plans (OSRPs) for 
the Gulf of Mexico. The June 15, 2010 hearing revealed that the 
OSRPs were virtually identical for all five companies, and 
contained outdated and erroneous information. The EPA, USCG, 
DOI, the U.S. Government Accountability Office (GAO), the U.S. 
General Services Administration (GSA), the Federal Trade 
Commission (FTC), and the National Oil Spill Commission all 
received letters from the subcommittee. Topics covered by these 
letters included: the use and safety of oil dispersants; 
reports of formaldehyde-contaminated trailers being used as 
living quarters for those aiding in the spill cleanup; the 
status of thousands of temporarily abandoned wells in the Gulf 
of Mexico; evolving flow rate estimates; live video feeds, 
wellbore integrity, and the actions to shut in the Macondo 
well.

               PIPELINE SAFETY OVERSIGHT AND LEGISLATION

    On September 23, 2010, the Subcommittee on Energy and 
Environment held a hearing on pipeline safety oversight and 
legislation. The hearing addressed the recent pipeline safety 
incidents and proposals for reauthorization or reform of the 
pipeline safety statute. The hearing examined several high-
profile pipeline incidents that highlighted the issue of 
pipeline safety, including the July 26, 2010, rupture of the 
Enbridge line 6B, in Marshall, Michigan; the September 9, 2010, 
rupture of the Enbridge line 6A, in Romeoville, Illinois; and 
the September 9, 2010, explosion of a PG&E natural gas pipeline 
in San Bruno, California.
    The Subcommittee heard testimony from Rep. Mark Schauer (D-
MI) regarding his legislative proposal: H.R. 6008, the 
``Corporate Liability and Emergency Accident Notification 
(CLEAN) Act.'' The Subcommittee also received testimony from 
the Administrator of the Pipeline and Hazardous Materials 
Safety Administration (PHMSA) on the nature of PHMSA's 
oversight of recent incidents, and how those incidents bear on 
proposals for reform or reauthorization of the pipeline safety 
statute. The Administrator also provided PHMSA's technical and 
policy views on H.R. 6008. The Vice Chairman of the National 
Transportation Safety Board (NTSB) discussed the status, 
preliminary findings, and expected process for the 
investigations of the recent pipeline safety incidents. He also 
commented on NTSB's recommendations for reform and 
reauthorization of the pipeline safety statute.
    The Executive Vice President of Enbridge Inc. provided 
testimony on the causes of recent safety incidents; cleanup and 
remediation actions taken by Enbridge; compensation of 
homeowners, residents, and state, local and federal 
governments; and the steps Enbridge has taken with regard to 
the improvement of safety. The subcommittee also received 
testimony from the Vice President of the Pipeline Safety Trust 
and a number of industry witnesses, who all discussed the 
extent to which recent pipeline safety incidents bear on 
proposals for reform or reauthorization of the pipeline safety 
statute and provided their views on the Administration's 
proposal for reauthorization of the pipeline safety statute and 
on H.R. 6008. The industry witnesses included the President and 
CEO of the Interstate Natural Gas Association of America, the 
President and CEO of the Association of Oil Pipelines, and the 
Senior Vice President and Chief Operating Officer for the 
American Gas Association.

                          HYDRAULIC FRACTURING

    The Subcommittee conducted an investigation into hydraulic 
fracturing, a method of oil and gas extraction in which water, 
chemicals, and propping agents are pumped into production wells 
at high pressure. Combined with horizontal drilling techniques, 
hydraulic fracturing has opened up vast new reserves of natural 
gas previously thought unattainable. This investigation was not 
completed prior to adjournment of the 111th Congress.
    The widespread adoption of the hydraulic fracturing 
practice has raised concerns about impacts on human health and 
the environment, including potential contamination of sources 
of drinking water. Federal agencies currently do not have 
access to a full accounting of the types and quantities of 
chemicals used in hydraulic fracturing fluids, although some 
states require limited disclosure. Oil and gas exploration and 
production facilities are exempt from the Toxic Release 
Inventory reporting requirements, and the Energy Policy Act of 
2005 exempted hydraulic fracturing from regulation under the 
Safe Drinking Water Act unless it involves fracturing fluids 
that contain diesel.
    As Chairman of the House Committee on Oversight and 
Government Reform, Chairman Waxman wrote to the CEOs of 
Halliburton, BJ Services, and Schlumberger and requested data 
on the types and volume of chemicals used in their hydraulic 
fracturing fluids between 2005 and 2007. The companies provided 
information which revealed that Halliburton and BJ Services 
continued to use diesel fuel in their fracturing fluids even 
after signing a voluntary Memorandum of Agreement with the 
Environmental Protection Agency in 2003 agreeing not to use 
diesel fuel in 2003. The responses indicated that the companies 
also used other potentially dangerous chemicals in hydraulic 
fracturing fluids.
    On February 17, 2010, the Subcommittee sent letters to 
eight companies engaged in hydraulic fracturing in the United 
States. The Subcommittee requested the most recent data on the 
types and quantities of chemicals used in hydraulic fracturing 
fluids with additional information on whether the companies 
injected these fluids in, near, or below an underground source 
of drinking water. The Committee also requested documents 
related to any allegations that the hydraulic fracturing caused 
harm to human health or the environment. In addition, the 
Committee requested information on the chemical contents of 
water produced from hydraulic fracturing operations and how the 
companies dispose of this waste. On May 6, 2010, the 
Subcommittee sent document request letters to six more 
companies in order to assess a broader range of industry 
practice.
    Using the information provided, the Subcommittee has 
compiled a detailed account of hydraulic fracturing as 
currently practiced in the United States. However, the oil and 
gas service companies were unable to respond to two components 
of the request: information on whether hydraulic fracturing has 
been performed in or near underground sources of drinking water 
and information on the recovery and disposal of water and other 
fluids that flow back to the surface of the well. To obtain 
this information, the Subcommittee sent letters to ten oil and 
natural gas producers in the United States on July 19. 
Documents have been received in response to this request and 
are currently under review.

                             Hearings Held

    The Future of Coal Under Climate Legislation.--Hearing on 
the future of coal under an economy-wide cap on greenhouse gas 
emissions, including the technologies and policies that may 
help reduce coal's carbon footprint. Hearing held March 10, 
2009. PRINTED, Serial No. 111-10.
    Consumer Protection Policies in Climate Legislation.--
Hearing on proposals designed to assist consumers under a cap-
and-trade system to reduce greenhouse gas emissions. Hearing 
held March 12, 2009. PRINTED, Serial No. 111-14.
    Competitiveness and Climate Policy: Avoiding Leakage of 
Jobs and Emissions.--Hearing on domestic legislative provisions 
to prevent the leakage of jobs and carbon emissions from the 
Untied States to countries that do not take similar action to 
curb their greenhouse gas emissions. Hearing held March 18, 
2009. PRINTED, Serial No. 111-17.
    Preparing for Climate Change: Adaptation Policies and 
Programs.--Hearing on ongoing adaptation efforts, and potential 
policies in climate change legislation to assist in those 
efforts. Hearing held March 25, 2009. PRINTED, Serial No. 111-
21.
    The American Clean Energy and Security Act of 2009.--
Hearings on the views of the Administration and a broad range 
of stakeholders on the discussion draft. Hearings held April 
21-24, 2009. PRINTED, Serial No. 111-29.
    Allowance Allocation Policies in Climate Legislation: 
Assisting Consumers, Investing in a Clean Energy Future, and 
Adapting to Climate Change.--Hearing on examining allocation 
policies under the American Clean Energy and Security Act 
(ACES). Hearing held June 9, 2009. PRINTED, Serial No. 111-44.
    The Future of the Grid: Proposals for Reforming National 
Transmission Policy.--Hearing on proposals for new legislation 
on transmission planning, cost allocation, and siting 
authority. Hearing held June 12, 2009. PRINTED, Serial No. 111-
48.
    H.R. 3276, the American Medical Isotopes Production Act of 
2009: Solving the Medical Isotope Crisis.--Legislative hearing 
on H.R. 3276, the American Medical Isotopes Production Act of 
2009. Hearing held September 9, 2009. PRINTED, Serial No. 111-
61.
    Legislative Hearing on H.R. 3258, the Drinking Water System 
Security Act of 2009, and H.R. 2868, the Chemical Facility 
Anti-Terrorism Act of 2009.--Legislative hearing on H.R. 3258, 
the Drinking Water System Security Act of 2009, and H.R. 2868, 
the Chemical Facility Anti-Terrorism Act of 2009. Hearing held 
October 1, 2009. PRINTED, Serial No. 111-68.
    Legislative Hearing on H.R. 515, the Radioactive Import 
Deterrence Act. Hearing held October 16, 2009. PRINTED, Serial 
No. 111-73.
    Protecting the Grid: H.R. 2165, the Bulk Power System 
Protection Act of 2009, and H.R. 2195.--Legislative hearing on 
pending bills to address the protection of the electric grad 
from cyber and other malicious attacks. Hearing held October 
27, 2009. PRINTED, Serial No. 111-77.
    Impacts of H.R. 3795, the Over-the-Counter Derivatives 
Markets Act of 2009, on Energy Markets.--Hearing to address the 
impacts on organized energy markets regulated by the Federal 
Energy Regulatory Commission (FERC) of H.R. 3795, reported by 
the House Agriculture and Financial Services Committees. 
Hearing held December 2, 2009. PRINTED, Serial No. 111-84.
    Drinking Water and Public Health Impacts of Coal Combustion 
Waste.--Hearing to examine the safe drinking water and health 
impacts associated with current practices for the disposal of 
coal fly ash. Hearing held December 10, 2009. PRINTED, Serial 
No. 111-88.
    The ExxonMobil-XTO Merger: Impacts on U.S. Energy 
Markets.--Hearing on the proposed merger of ExxonMobil 
Corporation and XTO Energy Inc., and the ramifications for U.S. 
oil and natural gas markets. Hearing held January 20, 2010. 
PRINTED, Serial No. 111-91.
    Endocrine Disrupting Chemicals in Drinking Water: Risks to 
Human Health and the Environment.--Hearing on the science and 
regulation of endocrine disruptors that may be found in sources 
of drinking water. Hearing held February 25, 2010. PRINTED, 
Serial No. 111-99.
    HomeStar: Job Creation through Home Energy Retrofits.--
Legislative hearing on proposed legislation to incentivize home 
energy retrofits and reduce unemployment in the construction 
and related sectors. Hearing held March 18, 2010. PRINTED, 
Serial No. 111-105.
    Oversight of the Federal Energy Regulatory Commission.--
Hearing on how the Federal Energy Regulatory Commission (FERC) 
is implementing its statutory duties and authorities, focusing 
on a number of key priorities. Hearing held March 23, 2010. 
PRINTED, Serial No. 111-107.
    Clean Energy Policies That Reduce Our Dependence on Oil.--
Hearing on EPA's policies that reduce our dependence on oil, 
including the recent tailpipe greenhouse gas standards and 
associated endangerment finding, and the impact of oil 
dependence on our economy and national security. Hearing held 
April 28, 2010. PRINTED, Serial No. 111__113.
    H.R. __, the Assistance, Quality, and Affordability Act of 
2010.--Legislative hearing on legislation to reauthorize the 
Safe Drinking Water Act State Revolving Fund, H.R. __, the 
``Assistance, Quality, and Affordability Act of 2010'' 
(``AQUA''). Hearing held May 13, 2010. PRINTED, Serial No. 111-
125.
    Combating the BP Oil Spill.--Hearing on the ongoing 
response to the oil spill at the Deepwater Horizon drilling rig 
site that was spreading across the Gulf of Mexico. Hearing held 
May 27, 2010. PRINTED, Serial No. 111-128.
    The BP Oil Spill: Human Exposure and Environmental Fate.--
Hearing on some of the potential impacts to humans and the 
environment associated with the spill. Hearing held June 10, 
2010. PRINTED, Serial No. 111-132.
    Drilling Down on America's Energy Future: Safety, Security 
and Clean Energy.--Hearing with the top executives of the five 
largest oil companies, on the impacts of the nation's 
dependence on oil, the safety of drilling operations and the 
oil spill at the Deepwater Horizon rig in the Gulf of Mexico, 
and actions to develop and promote the use of renewable and 
alternative energy sources that can reduce our overall 
dependence on oil. Hearing held June 15, 2010. PRINTED, Serial 
No. 111-134.
    Legislation to Respond to the BP Oil Spill and Prevent 
Future Oil Well Blowouts.--Legislative hearing on proposed 
legislation to respond to the oil spill at the Deepwater 
Horizon rig and prevent future oil well blowouts. Hearing held 
June 30, 2010. PRINTED, Serial No. 111-140.
    The Role of the Interior Department in the Deepwater 
Horizon Disaster.--Hearing on the Interior Department's actions 
before and since the Deepwater Horizon explosion on April 20, 
2010. Hearing held July 20, 2010, jointly with the Subcommittee 
on Oversight and Investigations. PRINTED, Serial No. 111-145.
    The BP Oil Spill: Accounting for the Spilled Oil and 
Ensuring the Safety of Seafood from the Gulf.--Hearing on the 
potential impacts to the marine environment and fisheries that 
are associated with the spill and its cleanup. Hearing held 
August 19, 2010. PRINTED, Serial No. 111-152.
    Pipeline Safety Oversight and Legislation.--Hearing on 
recent pipeline safety incidents and proposals for 
reauthorization or reform of the pipeline safety statute. 
Hearing held September 23, 2010. PRINTED, Serial No. 111-159.
                         Subcommittee on Health

                             Public Health

                         Legislative Activities

           FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT

                 Public Law 111-31 (H.R. 1256, S. 982)

    To protect the public health by providing the Food and Drug 
Administration with certain authority to regulate tobacco 
products, and for other purposes.
Summary
    The prevalence of tobacco use and its toll on human lives 
has long been a public health concern. The Food and Drug 
Administration (FDA) made its first attempt to address the harm 
caused by tobacco use in 1996. On August 28, 1996, FDA asserted 
jurisdiction over tobacco products under the authority of the 
Federal Food, Drug, and Cosmetic Act (FFDCA) and issued a final 
rule aimed at reducing underage smoking and use of smokeless 
tobacco products. The tobacco industry challenged this rule in 
court, claiming that FDA had exceeded its authority. A 
resulting Supreme Court decision in 2000, while acknowledging 
that tobacco use posed ``perhaps the single most significant 
threat to public health in the United States,'' found that 
Congress had not given FDA authority over tobacco products as 
part of the FFDCA.
    The Family Smoking Prevention and Tobacco Control Act 
amends the FFDCA to grant FDA the authority to regulate tobacco 
products. It gives FDA explicit authority over tobacco products 
in a new chapter of the FFDCA relating solely to tobacco, and 
authorizes FDA to regulate tobacco products ``as appropriate 
for the protection of the public health.'' This new standard is 
more appropriate for inherently dangerous tobacco products than 
the standards of ``safe'' or ``safe and effective,'' which 
apply to other FDA-regulated products.
    The law allows the Secretary of the Department of Health 
and Human Services (HHS) to restrict the sale and distribution 
of tobacco products, including advertising and promotion, if 
the Secretary determines that such regulation would be 
appropriate for the protection of the public health. It also 
allows the Secretary to take specified actions, including 
public notification and recall, against unreasonably harmful 
products.
    The law requires the Secretary to establish tobacco product 
standards to protect the public health, but prohibits the 
Secretary from banning a class of tobacco products, such as all 
cigarettes, or reducing the nicotine level to zero. The law 
sets forth standards for the sale of modified-risk tobacco 
products and prohibits cigarettes from containing, as a 
characterizing flavor, any artificial or natural flavor (other 
than tobacco or menthol). It sets forth provisions regarding 
judicial review, coordination with the Federal Trade 
Commission, congressional review of regulations, and state and 
local authority. The law also requires the Secretary to 
establish a Tobacco Products Scientific Advisory Committee.
    The law also amends the Federal Cigarette Labeling and 
Advertising Act to change cigarette warning label and 
advertising requirements. In addition, it amends the 
Comprehensive Smokeless Tobacco Health Education Act of 1986 to 
change smokeless tobacco warning label and advertising 
requirements. The law requires stronger and more specific 
health warnings, as well as the eventual incorporation of 
graphic warnings on cigarette packs, and gives FDA authority to 
enlarge and enhance them further.
    The law grants FDA the authority to strictly regulate so-
called ``reduced harm'' products and to prohibit unproven 
health claims by tobacco product manufacturers. It prohibits 
the use of descriptors such as ``light'', ``mild'', and ``low'' 
to characterize the level of a substance in a product in labels 
or in advertising.
    The law provides FDA the authority to require product 
changes in current and future tobacco products, such as the 
reduction or elimination of ingredients, additives, and 
constituents (including smoke constituents). In addition, it 
requires manufacturers to provide detailed disclosure of 
ingredients, nicotine levels, and harmful smoke constituents.
Legislative History
    On March 3, 2009, H.R. 1256 was introduced in the House by 
Rep. Waxman of California and was referred to the Committee on 
Energy and Commerce, and also to the Committee on Oversight and 
Government Reform. H.R. 1256 was referred to the Subcommittee 
on Health on March 3, 2009. The full Committee discharged the 
Subcommittee on Health from consideration on March 4, 2009.
    On March 4, 2009, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 1256. A number of 
amendments were offered but each one was either withdrawn or 
defeated by a voice vote. Subsequently, H.R. 1256 was ordered 
favorably reported to the House without amendment by a rollcall 
vote of 39-13.
    On March 18, 2009, the Committee on Oversight and 
Government Reform met in open markup session, and H.R. 1256 was 
ordered favorably reported to the House, amended, by a voice 
vote.
    On March 26, 2009, the Committee on Energy and Commerce 
filed a House report on H.R. 1256 (H. Rept. 111-58, Part 1). 
That same day, the Committee on Oversight and Government Reform 
also filed a House report on H.R. 1256, as amended by that 
Committee (H. Rept. 111-58, Part 2).
    On April 2, 2009, H.R. 1256 was called up in House and 
passed, amended, by a rollcall vote of 298-112.
    H.R. 1256 was received by the Senate on April 2, 2009, and 
placed on the Senate Legislative Calendar.
    On May 5, 2009, S. 982, the Family Smoking Prevention and 
Tobacco Control Act (companion legislation to H.R. 1256) was 
introduced by Sen. Kennedy of Massachusetts, and referred to 
the Senate Committee on Health, Education, Labor, and Pensions 
(HELP).
    On May 20, 2009, the Committee on HELP met in open markup 
session and agreed to order S. 982 favorably reported, as 
amended.
    No further action occurred on S. 982 as the Senate took up 
H.R. 1256, the House companion bill to S. 982. During Senate 
consideration on the floor, a substituted amendment with the 
text of S. 982 as reported by the Committee on HELP, was 
offered to H.R. 1256 as passed by the House, and was adopted by 
the Senate during its deliberations.
    On June 11, 2009, the Senate passed H.R. 1256, as amended, 
by a rollcall vote of 79-17.
    On June 12, 2009, the House agreed to concur with the 
Senate amendments to the House amendments to H.R. 1256 by a 
rollcall vote of 307-97, clearing the measure for the White 
House.
    On June 22, 2009, H.R. 1256 was signed into law by the 
President and became Public Law 111-31.

          RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009

                 Public Law 111-87 (H.R. 3792, S. 1793)

    To amend title XXVI of the Public Health Service Act to 
revise and extend the program for providing life-saving care 
for those with HIV/AIDS.
Summary
    The Ryan White HIV/AIDS Treatment Extension Act of 2009 
extends the Ryan White Program for four years, amending title 
XXVI of the Public Health Service Act (the Ryan White Care Act) 
to reauthorize many of the provisions in their current form and 
making several changes. It re-establishes the provisions of the 
Act, retroactive to September 30, 2009.
    The Ryan White program, administered by the Health 
Resources and Services Administration (HRSA), is composed of 
four major parts: (1) Part A provides grants to large and mid-
sized cities with a high incidence and/or prevalence of HIV and 
AIDS; (2) Part B provides grants to states and territories, and 
includes the AIDS Drug Assistance Program (ADAP); (3) Part C 
provides early intervention grants to public and private 
nonprofit entities, such as community clinics; and (4) Part D 
provides grants to public and nonprofit entities for family 
centered care and support services for women, infants, 
children, and youth with HIV/AIDS. The other components, 
collectively referred to as Part F, include the AIDS Dental 
Reimbursement (ADR) Program, the AIDS Education and Training 
Centers (AETCs), the Special Projects of National Significance 
(SPNS) Program, and the Minority AIDS Initiative (MAI).
    The law authorizes a 5% increase in funding for Parts A 
through D and Part F, and eliminates/repeals all prior sunset 
provisions. It increases authorizations for the MAI by 5% 
annually. It reverts from competitive funding in Part A and 
Part B to formula funding, and requires the Government 
Accountability Office (GAO) to report on MAI activities across 
departmental agencies, including a description of best 
practices in capacity-building.
    The law maintains the same provisions for states and 
jurisdictions with maturing names-based HIV case data during 
the first two years of the reauthorization period. 
Jurisdictions that report code-based data will continue to 
incur a 5% penalty against their count of living cases of HIV 
and will still be subject to a 5% cap on increases in the HIV 
case count. In 2012, the 5% penalty is increased to 6%. 
Beginning in fiscal year 2013, code-based protections are 
eliminated and all states are required to report cases using a 
names-based system.
    The law extends current rules for transitional grant area 
status. It adds a provision that if a metropolitan area has 
between 1400 and 1500 cumulative living AIDS cases and does not 
have more than 5% of its total grants unobligated for the prior 
fiscal year, it will be treated as having met the criteria for 
continued eligibility as a Transitional Grant Area (TGA). The 
law continues the hold harmless requirements at a rate of 95% 
of fiscal year 2009 funding in 2010 and 100% of fiscal year 
2010 funding for each of the fiscal years 2011 and 2012. For 
fiscal year 2013, the amount is set at 92.5% of the previous 
fiscal year's grant. The hold harmless status will continue to 
apply to both Part A and Part B grants.
    The Secretary of HHS is required to establish a national 
HIV/AIDS testing goal of 5 million tests through federally-
supported HIV/AIDS prevention, treatment, and care programs, 
both at the Centers for Disease Control and Prevention (CDC) 
and through other federal programs. The Secretary is required 
to report to Congress each year on the progress made toward 
achieving this goal, and to review each domestic HIV/AIDS 
prevention program to determine its effectiveness based on the 
program's contributions toward the testing goal and the 
program's stated purposes.

Legislative History

    On September 9, 2009, the Subcommittee on Health held a 
hearing on a discussion draft of the legislation, prior to the 
introduction of H.R. 3792.
    On October 13, 2009, H.R. 3792 was introduced in the House 
by Rep. Pallone of New Jersey and referred to the Committee on 
Energy and Commerce, and then referred to the Subcommittee on 
Health.
    On October 14, 2009, the Subcommittee on Health met in open 
markup session and considered H.R. 3749. The Subcommittee then 
forwarded H.R. 3792 favorably to the full Committee without 
amendment by a voice vote.
    On October 15, 2009, the Committee on Energy and Commerce 
met in open markup session and considered H.R. 3792 as approved 
by the Subcommittee on Health. H.R. 3792 was then ordered 
favorably reported to the House without amendment by a voice 
vote.
    On October 20, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 3792 (H. Rept. 111-305).
    No further action was taken on H.R. 3792. The Senate 
companion bill was acted on in lieu of H.R. 3792.
    On October 15, 2009, S. 1793, the Ryan White HIV/AIDS 
Treatment Extension Act of 2009 (companion legislation to H.R. 
3792) was introduced by Sen. Harkin of Iowa, referred to the 
Committee on Health, Education, Labor, and Pensions, and 
reported to the Senate that same day.
    On October 19, 2009, S. 1793 passed the Senate, amended, by 
unanimous consent.
    On October 21, 2009, S. 1793 was passed under suspension of 
the rules by the House, as amended, by a rollcall vote of 408-
9, clearing the measure for the White House.
    On October 30, 2009, S. 1793 was signed into law by the 
President and became Public Law 111-87.

             COMBAT METHAMPHETAMINE ENHANCEMENT ACT OF 2010

                 Public Law 111-268 (H.R. 2923, S. 256)

    To enhance the ability to combat methamphetamine.

Summary

    The Combat Methamphetamine Enhancement Act of 2010 amends 
the Controlled Substances Act to increase the compliance of 
retailers and distributors of pseudoephedrine and ephedrine 
products (which are precursor chemicals for the production of 
methamphetamine) with the 2006 Combat Methamphetamine Epidemic 
Act. The law clarifies that all persons engaged in retail sales 
of pseudoephedrine or ephedrine products, including by mail 
order, must self-certify that they have trained their personnel 
and agree to comply with the Combat Methamphetamine Epidemic 
Act. It requires distributors of these products to sell only to 
retailers who are registered with the Drug Enforcement Agency 
(DEA). The law requires the DEA to provide a downloadable 
database of all retailers which have filed self-certifications 
on their website so that distributors can check their customers 
against this database to ensure compliance. It clarifies that a 
retailer which negligently fails to file self-certification as 
required can face civil fines.

Legislative History

    On June 17, 2009, H.R. 2923 was introduced in the House by 
Rep. Gordon of Tennessee and referred to the Committee on 
Energy and Commerce, and in addition to the Committee on the 
Judiciary.
    On June 18, 2009, H.R. 2923 was referred to the 
Subcommittee on Health.
    On January 15, 2009, S. 256, the Combat Methamphetamine 
Enhancement Act of 2009 (companion legislation to H.R. 2923) 
was introduced by Sen. Feinstein of California and referred to 
the Senate Committee on the Judiciary.
    On March 23, 2009, the Senate Committee on the Judiciary 
met in open markup session and ordered S. 256 to be favorably 
reported.
    On June 8, 2009, S. 256 passed the Senate by unanimous 
consent.
    On June 9, 2009, S. 256 was received in the House and 
referred to the Committee on Energy and Commerce, and in 
addition to the Committee on the Judiciary.
    No further action was taken on S. 256 in the 111th 
Congress.
    On July 22, 2010, the Subcommittee on Health met in an open 
markup session to consider H.R. 2923 and subsequently forwarded 
the bill favorably to the full Committee without amendment by a 
voice vote.
    On July 28, 2010, the Committee on Energy and Commerce met 
in an open markup session and considered H.R. 2923 as approved 
by the Subcommittee on Health. The bill was then ordered 
favorably reported to the House without amendment by a voice 
vote.
    On September 22, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 2923 (H. Rept. 111-615, Part 1).
    On September 22, 2010, the House passed H.R. 2923 under the 
suspension of the rules by a voice vote.
    On September 23, 2010, the Senate received H.R. 2923.
    On September 27, 2010, H.R. 2923 passed the Senate by 
unanimous consent, clearing the measure for the White House.
    On October 12, 2010, H.R. 2923 was signed into law by the 
President and became Public Law 111-268.

            SECURE AND RESPONSIBLE DRUG DISPOSAL ACT OF 2010

                Public Law 111-273 (S. 3397, H.R. 5809)

    To amend the Controlled Substances Act to provide for take-
back disposal of controlled substances in certain instances.

Summary

    According to the Department of Justice's 2009 National 
Prescription Drug Threat Assessment, the number of deaths and 
treatment admissions for controlled prescription drugs has 
increased significantly in recent years, especially among 
teenagers between the ages of 12 and 17 years old. Many state 
and local law enforcement agencies have established drug 
disposal programs (often called ``take-back'' programs) to 
facilitate the collection and destruction of unused, unwanted, 
or expired medications. These programs help get outdated or 
unused medications off household shelves and out of the reach 
of children and teenagers. Drug take-back programs, however, 
often cannot dispose of the most dangerous pharmaceutical 
drugs--controlled substance medications--because Federal law 
does not permit the programs to accept such medications unless 
they get specific permission from the Drug Enforcement 
Administration (DEA), and arrange for full-time law enforcement 
officers to receive the controlled substances directly from the 
individual who seeks to dispose of them. Consequently, 
individuals seeking to dispose of unwanted controlled 
substances in their household are left with few disposal 
options beyond discarding or flushing the substances. These 
forms of disposal can introduce potentially harmful substances 
into the environment, especially the water.
    The Secure and Responsible Drug Disposal Act of 2010 amends 
the Controlled Substances Act to allow the delivery of 
lawfully-possessed unused pharmaceutical controlled substances 
to appropriate entities for disposal in a safe and effective 
manner consistent with effective controls against diversion. 
Specifically, it allows unregistered ultimate users of 
lawfully-possessed controlled substances, or in the case where 
the ultimate users are deceased, the persons lawfully entitled 
to dispose of their property, to deliver the controlled 
substances to authorized persons who will dispose of them in 
accordance with regulations issued by the Attorney General to 
prevent their diversion. The law also allows the Attorney 
General, through regulation, to authorize long term care 
facilities to dispose of controlled substances on behalf of 
ultimate users who reside or have resided there. The Attorney 
General may not require any entity to establish or operate a 
delivery or disposal program. The law requires the United 
States Sentencing Commission to review and, if appropriate, 
amend its guidelines and policy statements to ensure an 
appropriate penalty increase for people convicted of a drug 
offence involving receipt of a controlled substance for 
disposal.

Legislative History

    On July 21, 2010, H.R. 5809, the Safe Drug Disposal Act of 
2010, was introduced in the House by Rep. Inslee of Washington 
and referred to the Committee on Energy and Commerce, and in 
addition to the Committee on the Judiciary.
    On July 22, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 5809. That same day, the 
Subcommittee on Health met in an open markup session on H.R. 
5809 and forwarded the bill favorably to the full Committee, 
amended, by a voice vote.
    On July 28, 2010, the Committee on Energy and Commerce met 
in open markup session on H.R. 5809. After agreeing by a voice 
vote to an amendment by Mr. Stupak of Michigan, the Committee 
ordered H.R. 5809 favorably reported to the House, amended, by 
a voice vote.
    On September 22, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 5809 (H. Rept. 111-618, Part 1).
    On September 22, 2010, H.R. 5809 passed the House, as 
amended, under suspension of the rules by a voice vote.
    On September 23, 2010, the Senate received H.R. 5809 with 
the House amendment and referred the bill to the Senate 
Committee on the Judiciary.
    Earlier on May 24, 2010, S. 3397, the Senate companion bill 
to H.R. 5809, was introduced by Sen. Klobuchar of Minnesota and 
referred to the Senate Committee on the Judiciary.
    On July 29, 2010, the Committee on the Judiciary met in 
open markup session on S. 3397 and reported the bill, amended, 
to the Senate.
    On August 3, 2010, S. 3397, as amended, passed the Senate 
by unanimous consent.
    On September 29, 2010, S. 3397, as amended, passed the 
House, under suspension of the rules, by a voice vote. That 
same day, S. 3397, as amended by the House, passed the Senate 
by unanimous consent, clearing the measure for the White House.
    The Senate and the House passed the Secure and Responsible 
Drug Disposal Act under the Senate number in lieu of H.R. 5809, 
which remained pending in the Senate. The Senate later took up 
H.R. 5809, striking the language from the bill and amended it 
with the text of unrelated energy legislation. H.R. 5809 was 
then passed by the Congress as the Diesel Emissions Reduction 
Act of 2010 (for further information, see the Subcommittee on 
Energy and Environment legislative activities contained in this 
report).
    On October 12, 2010, S. 3397 was signed into law by the 
President and became Public Law 111-273.

          EARLY HEARING DETECTION AND INTERVENTION ACT OF 2010

                Public Law 111-337 (H.R. 1246, S. 3199)

    To amend the Public Health Service Act regarding early 
detection, diagnosis, and treatment of hearing loss.

Summary

    The Early Hearing Detection and Intervention Act of 2010 
amends the Public Health Service Act to (1) expand the newborns 
and infants hearing loss program to include diagnostic services 
among the services provided; and (2) require the Secretary of 
the Department of Health and Human Services, acting through the 
Administrator of the Health Resources and Services 
Administration (HRSA), to assist in the recruitment, retention, 
education, and training of qualified personnel and health care 
providers to implement the Early Hearing Detection and 
Intervention (EHDI) Program.
    The law revises the purposes of EHDI Program to include: 
(1) developing and monitoring the efficacy of statewide 
programs and systems for hearing screening of newborns and 
infants, prompt evaluation and diagnosis of children referred 
from screening programs, and appropriate education, 
audiological, and medical interventions for children identified 
with hearing loss; (2) developing efficient models to ensure 
that newborns and infants who are identified with a hearing 
loss through screening receive follow-up by a qualified health 
care provider; and (3) ensuring an adequate supply of qualified 
personnel to meet the screening, evaluation, and early 
intervention needs of children.
    The law amends the definition of ``early intervention'' to 
require that families be given the opportunity to obtain the 
full range of appropriate early intervention services, 
educational and program placements, and other options for their 
child from highly qualified providers. It requires the 
Secretary of HHS to establish a postdoctoral fellowship program 
to foster research and development in the area of early hearing 
detection and intervention.

Legislative History

    On March 2, 2009, H.R. 1246 was introduced in the House by 
Rep. Capps of California and referred to the Committee on 
Energy and Commerce. H.R. 1246 was referred to the Subcommittee 
on Health, but was discharged from further consideration on 
March 4, 2009.
    On March 4, 2009, the Committee on Energy and Commerce met 
in open markup session on H.R. 1246 and subsequently ordered 
the bill favorably reported to the House without amendment by a 
voice vote.
    On March 23, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 1246 (H. Rept. 111-44).
    On March 30, 2009, the House passed H.R. 1246 under 
suspension of the rules by a voice vote.
    On March 31, 2009, H.R. 1246 was received in the Senate and 
referred to the Senate Committee on Health, Education, Labor, 
and Pensions. No further action was taken on H.R. 1246 as the 
bill was superseded by the Senate companion bill, S. 3199.
    On March 14, 2010, S. 3199, the Early Hearing Detection and 
Intervention Act of 2010, was introduced by Sen. Snowe of Maine 
and referred to the Senate Committee on Health Education, 
Labor, and Pensions (HELP).
    On December 1, 2010, the Committee on HELP met in open 
markup session and S. 3199 was favorably reported, amended.
    On December 7, 2010, S. 3199 passed the Senate, as amended, 
by unanimous consent.
    On December 15, 2010, the House passed S. 3199, under 
suspension of the rules, by a voice vote, clearing the measure 
for the White House.
    On December 22, 2010, S. 3199 was signed into law by the 
President and became Public Law 111-337.

 TO REAUTHORIZE AND ENHANCE JOHANNA'S LAW TO INCREASE PUBLIC AWARENESS 
           AND KNOWLEDGE WITH RESPECT TO GYNECOLOGIC CANCERS

                     Public Law 111-324 (H.R. 2941)

    To reauthorize and enhance Johanna's Law to increase public 
awareness and knowledge with respect to gynecologic cancers.

Summary

    Johanna's Law reauthorizes and expands CDC programs to 
educate women and healthcare providers about gynecologic 
cancers. It authorizes $16.5 million for the period of fiscal 
years 2010 through 2012 and such sums as are necessary for each 
subsequent fiscal year for these efforts. It further creates 
demonstration projects to evaluate research and outreach 
strategies for educating women and healthcare providers about 
gynecological cancers. For fiscal years 2010 through 2012, $15 
million is authorized for these activities; such sums as are 
necessary are authorized for each subsequent fiscal year.

Legislative History

    On June 18, 2009, H.R. 2941 was introduced in the House by 
Rep. DeLauro of Connecticut and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on June 19, 2009.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 2941.
    On September 16, 2010, the Subcommittee on Health met in an 
open markup session on H.R. 2941 and forwarded favorably the 
bill to the full Committee, amended, by a voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in an open markup session to consider H.R. 2941 as approved 
by the Subcommittee. Subsequently, H.R. 2941 was ordered 
favorably reported to the House, amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 2941 (H. Rept. 111-635).
    On September 30, 2010, H.R. 2941 passed the House, as 
amended, under suspension of the rules by a voice vote.
    On November 15, 2010, the Senate received H.R. 2941 with 
the House amendment and referred the bill to the Committee on 
Health, Education, Labor, and Pensions (HELP).
    On December 1, 2010, the Senate Committee on HELP met in 
open markup session on H.R. 2941 and ordered the bill favorably 
reported with an amendment.
    On December 10, 2010, the Senate passed H.R. 2941, amended, 
by unanimous consent.
    On December 16, 2010, the House, under suspension of the 
rules, agreed by a voice vote to concur with the Senate 
amendment to the House amendment to H.R. 2941, clearing the 
measure for the White House.
    On December 22, 2010, H.R. 2941 was signed into law by the 
President and became Public Law 111-324.

                  FOOD SAFETY ENHANCEMENT ACT OF 2009

           Awaiting White House Action (H.R. 2751, H.R. 2749)

    To amend the Federal Food, Drug, and Cosmetic Act to 
improve the safety of food in the global market, and for other 
purposes.

Summary

    H.R. 2749, the Food Safety Enhancement Act of 2009, would 
amend the Federal Food, Drug, and Cosmetic Act (FFDCA) to 
improve the safety of food, and for other purposes.
    The bill would create an up-to-date registry of all food 
facilities serving American consumers, and requires all 
facilities operating within the U.S. or importing food to the 
U.S. to register with FDA annually. It would generate resources 
to support FDA oversight of food safety, and requires payment 
of an annual registration fee of $500 per facility that would 
generate revenue for food safety activities at FDA.
    The bill would require foreign and domestic food facilities 
to have safety plans in place to identify and mitigate hazards, 
and those plans and food facility records would be subject to 
review by FDA inspectors and third-party certifiers. A minimum 
inspection frequency for foreign and domestic facilities would 
be set. Each high risk facility would be inspected at least 
once every six to 12 months; each low risk facility would be 
inspected at least once every 18 months to three years; and 
each warehouse would be inspected at least once every five 
years. Refusing, impeding or delaying an inspection is 
prohibited.
    The bill would grant the Secretary of HHS the authority to 
issue mandatory performance standards for reducing hazards. It 
would direct the Secretary to require certain foreign food to 
be certified as meeting all U.S. food safety requirements by 
third parties accredited by FDA. It would create a fast-track 
import process for food meeting security standards, by 
directing FDA to develop voluntary safety and security 
guidelines for imported foods. Importers meeting the guidelines 
would receive expedited processing.
    The bill would require safety plans for fresh produce and 
certain other raw agricultural commodities. It directs FDA, in 
coordination with the Department of Agriculture (USDA), to 
issue regulations for ensuring the safe production and 
harvesting of fruits and vegetables and other raw agricultural 
commodities, like mushrooms.
    FDA's traceback capabilities are significantly expanded in 
the event of a foodborne illness outbreak. The Secretary of HHS 
would be directed to issue traceback regulations that enable 
the Secretary to identify the history of the food in as short a 
timeframe as practicable, but no longer than two business days. 
Prior to issuing such regulations, the Secretary would be 
required to conduct a feasibility study, public meetings, and 
one or more pilot projects before issuing traceback 
regulations. There are exemptions for certain foods or 
facilities. The bill would require all processed food labels to 
indicate the country in which final processing occurred and 
country-of-origin labeling for all produce.
    The bill would require FDA to establish a program to 
recognize laboratory accreditation bodies and to accept test 
results only from duly accredited laboratories. Laboratories 
would be required to send certain test results directly to FDA. 
It would provide FDA new authority to issue mandatory recalls 
of tainted foods, and strengthens penalties imposed on food 
facilities that fail to comply with safety requirements. The 
bill would allow FDA to charge a fee to cover the cost of 
additional inspections of faculties that previously committed a 
violation of the FFDCA related to food, and enhances FDA's 
ability to administratively detain tainted food products.
    The Secretary would be directed to enhance foodborne 
illness surveillance systems to improve the collection, 
analysis, reporting, and usefulness of data on foodborne 
illnesses. The bill would require the Secretary to provide 
greater coordination between federal, state, and local 
agencies.
    The bill would enhance the transparency of the ``Generally 
Recognized as Safe'' (GRAS) program, by requiring posting on 
FDA's website of documentation submitted to FDA in support of 
GRAS notification.
    It would create specific new regulations pertaining to 
infant formula. A manufacturer of a new infant formula would be 
required to submit certain safety information regarding new 
ingredients and grants FDA additional time to review such new 
ingredients.
    The bill would provide the Secretary with the ability to 
prohibit or restrict movement of harmful food products. If the 
Secretary, after consultation with a governor, determines there 
is credible evidence that an article of food presents an 
imminent threat, he or she would be able to prohibit or 
restrict movement of food in the state or portion of the state. 
The bill would require unique identification numbers for 
facilities and importers to improve the accuracy of data and 
the ability for FDA to more quickly to identify involved 
parties in a crisis situation.
    The bill would prohibit entities regulated by FDA from 
discriminating against an employee in retaliation for assisting 
in any investigation regarding any conduct which the employee 
reasonably believes constitutes a violation of federal law. FDA 
would be granted new authority to subpoena records related to 
possible violations.

Legislative History

    On June 8, 2009, H.R. 2749 was introduced in the House by 
Rep. Dingell of Michigan and referred to the Committee on 
Energy and Commerce.
    On June 10, 2009, the Subcommittee on Health met in an open 
markup session, and on June 11, 2009, H.R. 2749 was forwarded 
favorably to the full Committee, amended, by a voice vote.
    On June 17, 2009, the Committee on Energy and Commerce met 
in open markup session, and H.R. 2749 was ordered favorably 
reported, as amended, by a voice vote.
    On July 29, 2009, the Committee on Energy and Commerce 
reported H.R. 2749, as amended, to the House (H. Rept. 111-
234). That same day, H.R. 2749, as amended, failed to pass the 
House, under suspension of the rules, by a rollcall vote of 
280-150.
    On July 30, 2009, H.R, 2749, as amended, passed the House 
by a rollcall vote of 283 to 142.
    On August 3, 2009, H.R. 2749 was received in the Senate and 
referred to the Committee on Health, Education, Labor, and 
Pensions. No further action was taken on H.R. 2749 in the 111th 
Congress.
    On November 18, 2009, the Senate Committee on Health, 
Education, Labor, and Pensions (HELP) considered in markup S. 
510 (Senate companion bill to H.R. 2749), which was previously 
introduced by Sen. Durbin of Illinois on March 3, 2009. The 
Senate Committee ordered the bill the Senate with an amendment. 
On December 18, 2009, the Senate Committee on HELP reported the 
bill with an amendment in the nature of a substitute.
    The Senate considered S. 510 and motions thereto September 
29, November 17, 18, 29, and 30, 2010.
    On November 30, 2010, S. 510 passed the Senate, as amended, 
by a rollcall vote of 73-25. No further action was taken on S. 
510 in the 111th Congress.
    On December 19, 2010, H.R. 2751, an unrelated bill passed 
by the House and pending on the Senate Legislative Calendar, 
was laid before the Senate by unanimous consent. A motion to 
strike all after the enacting clause of H.R. 2751 and take the 
text of S. 510, as passed the Senate and modified with the 
changes in an amendment at the desk, was agreed to by unanimous 
consent. Subsequently the Senate agreed to H.R. 2751 as amended 
by unanimous consent. The title of the bill was also amended to 
read as: A bill to amend the Federal Food, Drug, and Cosmetic 
Act with respect to the safety of the food supply.
    On December 21, 2010, the House agreed to the Senate 
amendments to H.R. 2751 by adopting a motion by Mr. Dingell of 
Michigan by a rollcall vote of 215-144, clearing the measure 
for the White House.
    On December 29, 2010, H.R. 2751 was presented to the 
President.
    H.R. 2751, as approved by the House and the Senate, was 
awaiting action by the President when this report was filed.

                    NATIONAL ALZHEIMER'S PROJECT ACT

            Awaiting White House Action (H.R. 4689, S. 3036)

    To establish the Office of the National Alzheimer's 
Project.

Summary

    The National Alzheimer's Project Act establishes the Office 
of the National Alzheimer's Project, in the Office of the 
Secretary of the Department of Health and Human Services to: 
(1) accelerate the development of treatments that would 
prevent, halt, or reverse the course of Alzheimer's; (2) create 
and maintain an integrated national plan to overcome 
Alzheimer's; (3) help to coordinate the health care and 
treatment of citizens with Alzheimer's; (4) ensure the 
inclusion of ethnic and racial populations that are at higher 
risk for Alzheimer's or that are least likely to receive care 
in clinical, research, and service efforts with the purpose of 
decreasing health disparities; (5) coordinate with 
international bodies to integrate and inform the fight against 
Alzheimer's globally; and (6) provide information and 
coordination of Alzheimer's research and services across all 
federal agencies. The law establishes an Advisory Council on 
Alzheimer's Research Treatment comprised of Federal and non-
Federal experts on Alzheimer's disease.

Legislative History

    On February 25, 2010, H.R. 4689 was introduced in the House 
by Rep. Markey of Massachusetts and referred to the Committee 
on Energy and Commerce. For further action on H.R. 4689 in the 
111th Congress, see action taken on S. 3036, a Senate companion 
bill.
    On February 24, 2010, S. 3036, the National Alzheimer's 
Project Act (Senate companion bill to H.R. 4689) was introduced 
by Sunbath of Indiana and referred to the Committee on Health, 
Education, Labor, and Pensions.
    On December 1, 2010, the Committee on Health, Education, 
Labor, and Pensions met in open markup session, and S. 3036 was 
ordered favorably reported, amended, to the Senate.
    On December 8, 2010, S. 3036 passed the Senate, as amended, 
by unanimous consent.
    On December 15, 2010, S. 3036, as amended by the Senate, 
passed the House under suspension of the rules by a voice vote, 
clearing the measure for the White House.
    On December 28, 2010, S. 3036 was presented to the 
President.
    S. 3036, as approved by the House and the Senate, was 
awaiting action by the President when this report was filed.

        STATUTORY TIME-PERIODS TECHNICAL AMENDMENTS ACT OF 2009

                     Public Law 111-16 (H.R. 1626)

    To make technical amendments to laws containing time 
periods affecting judicial proceedings.

Summary

    The Statutory Time-Periods Technical Amendments Act of 2009 
amends federal bankruptcy, criminal, and civil law, as well as 
the Classified Information Procedures Act and the Controlled 
Substances Act, to extend specified deadlines affecting court 
proceedings to harmonize them with recent amendments to the 
federal time-computation rules intended to provide 
predictability and uniformity to the current process of 
calculating court deadlines.

Legislative History

    On March 13, 2009, H.R. 1626 was introduced in the House by 
Rep. Johnson of Georgia and referred to the Committee on Energy 
and Commerce, and also to the Committee on the Judiciary.
    On April 22, 2009, H.R. 1626 passed the House, under 
suspension of the rules, by a voice vote. On April 27, 2009, 
H.R. 1626 passed the Senate by unanimous consent.
    On May 7, 2009, H.R. 1626 was signed by the President and 
became Public Law 111-16.

 MELANIE BLOCKER STOKES MOM'S OPPORTUNITY TO ACCESS HEALTH, EDUCATION, 
          RESEARCH, AND SUPPORT FOR POSTPARTUM DEPRESSION ACT

                               (H.R. 20)

    To provide research on, and services for individuals with, 
postpartum depression and psychosis.

Summary

    H.R. 20, the Melanie Blocker Stokes Mom's Opportunity to 
Access Health, Education, Research, and Support for Postpartum 
Depression Act, encourages the Secretary of HHS, the Director 
of the National Institute of Mental Health (NIMH), and the 
Director of the National Institutes of Health (NIH) to 
coordinate activities and continue aggressive work with respect 
to postpartum depression and postpartum psychosis. In addition, 
the Director of NIMH would be directed to continue supporting 
research on understanding the causes of postpartum depression 
and finding a cure through various activities including: (1) 
basic research concerning the etiology and causes of the 
conditions; (2) epidemiological studies to address the 
frequency and natural history of the conditions and the 
differences among racial and ethnic groups with respect to the 
conditions; (3) development of improved screening and 
diagnostic techniques; (4) clinical research for the 
development and evaluation of new treatments; and (5) 
information and education programs for health care 
professionals and the public.
    H.R. 20 would direct the Secretary of HHS to make grants to 
provide for projects for the establishment, operation, and 
coordination of effective and cost-efficient systems for the 
delivery of essential services to individuals with postpartum 
depression or postpartum psychosis. Recipients of these grants 
would be required to be either a public or nonprofit private 
entity.

Legislative History

    On January 6, 2009, H.R. 20 was introduced in the House by 
Rep. Rush of Illinois and referred to the Committee on Energy 
and Commerce. The bill was referred to the Subcommittee on 
Health on January 14, 2009. The Subcommittee was discharged on 
March 4, 2009.
    On March 4, 2009, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 20. Subsequently the 
Committee ordered H.R. 20 favorably reported to the House, 
amended, by a voice vote.
    On March 23, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 20 (H. Rept. 111-48).
    On March 30, 2009, H.R. 20 passed the House, amended, under 
suspension of the rules, by a rollcall vote of 391-8.
    On March 31, 2009, H.R. 20 was received in the Senate and 
referred to the Committee on Health, Education, Labor, and 
Pensions.
    No further action was taken on H.R. 20 in the 111th 
Congress; however, provisions of the legislation were included 
in the House-passed health reform bill. For further action, see 
H.R. 3962.

                     CALLING FOR 2-1-1 ACT OF 2009

                               (H.R. 211)

    To facilitate the nationwide availability of 2-1-1 
telephone service for information and referral on health and 
human services, including volunteer services.

Summary

    H.R. 211, Calling for 2-1-1 Act of 2009, would require the 
Secretary of HHS to award a grant to each state (based on a 
formula to be developed by the Secretary) to make the 2-1-1 
health and human services referral service available throughout 
the state. The 2-1-1 service is to be operated through a lead 
entity that either has previously had responsibility to carry 
out this service or meets certain criteria. The bill would 
authorize $150 million for each of fiscal years 2009 and 2010 
and $100 million for each of fiscal years 2011 through 2014 to 
carry out the bill's activities.

Legislative History

    On January 6, 2009, H.R. 211 was introduced in the House by 
Rep. Eshoo of California and referred to the Committee on 
Energy and Commerce. Subsequently, the bill was referred to the 
Subcommittee on Health on January 14, 2009.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 211.
    No further action was taken on H.R. 211 in the 111th 
Congress.

                CHRISTOPHER AND DANA REEVE PARALYSIS ACT

                               (H.R. 307)

    To enhance and further research into paralysis and to 
improve rehabilitation and the quality of life for persons 
living with paralysis and other physical disabilities.

Summary

    H.R. 307, the Christopher and Dana Reeve Paralysis Act, 
would authorize the Director of the National Institutes of 
Health to develop mechanisms to coordinate the paralysis 
research and rehabilitation activities of NIH institutes and 
centers in order to further advance such activities and avoid 
their duplication. The bill would also authorize the Director 
of NIH to make awards of grants to public or private entities 
to pay all or part of the cost of planning, establishing, 
improving, and providing basic operating support for consortia 
in paralysis research. It would require the Director to 
designate each such consortium as a Christopher and Dana Reeve 
Paralysis Research Consortium.
    In addition, the bill would authorize the Secretary of 
Health and Human Services to study the health challenges 
associated with paralysis and other physical disabilities and 
carry out projects and interventions to improve the quality of 
life and long-term health status of individuals with such 
conditions. It would authorize the Secretary to award grants 
for activities related to paralysis, including grants to 
establish paralysis registries and to disseminate information 
to the public.

Legislative History

    On January 8, 2009, H.R. 307 was introduced in the House by 
Rep. Baldwin of Wisconsin and referred to the Committee on 
Energy and Commerce, and then referred to the Subcommittee on 
Health on January 14, 2009. It was discharged from subcommittee 
consideration on March 4, 2009.
    On March 4, 2009, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 307 and then ordered 
the bill favorably reported to the House without amendment by a 
voice vote.
    On March 23, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 307 (H. Rept. 111-45).
    No further action was taken on H.R. 307 in the 111th 
Congress.

                             WAKEFIELD ACT

                               (H.R. 479)

    To amend the Public Health Service Act to provide a means 
for continued improvement in emergency medical services for 
children.

Summary

    The Emergency Medical Services for Children (EMSC) Program, 
under section 1910 of the Public Health Services Act, is the 
only federal program that focuses specifically on improving the 
pediatric components of emergency medical care. This program 
began in 1984 and covers the entire spectrum of emergency 
medical care, but it is designed to ensure state-of-the-art 
emergency medical care for ill or injured children and 
adolescents. The EMSC Program provides grants to states to 
improve existing Early Emergency Medical Services (EMS) systems 
and to schools of medicine to develop and evaluate improved 
procedures and protocols for treating children.
    H.R. 479, the Wakefield Act, would reauthorize the EMSC 
Program. It would amend the Public Health Service Act to extend 
by one year the length of time for which a grant may be awarded 
from a three year period with an optional fourth year, to a 
four year period with an optional fifth year. It would 
authorize appropriations of $25 million for fiscal year 2010 
and $138 million for fiscal years 2010 through 2014.

Legislative History

    On January 13, 2009, H.R. 479 was introduced in the House 
by Rep. Matheson of Utah and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on January 14, 2009, but subsequently discharged from 
consideration on March 4, 2009.
    On March 4, 2009, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 479, which was ordered 
favorably the House, amended, by a voice vote.
    On March 23, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 479 (H. Rept. 111-43).
    On March 30, 2009, the House passed H.R. 479 under 
suspension of the rules by a rollcall vote of 390-6.
    On March 31, 2009, the Senate received H.R. 479 and 
referred to the Senate Committee on Health, Education, Labor, 
and Pensions.
    No further action was taken on H.R. 479 in the 111th 
Congress.

                    VISION CARE FOR KIDS ACT OF 2009

                               (H.R. 577)

    To establish a grant program to provide vision care to 
children.

Summary

    H.R. 577, the Vision Care for Kids Act of 2009, would amend 
the Public Health Service Act to include a new section 
authorizing the Secretary of HHS, acting through the Director 
of CDC, to award grants to states for: (1) comprehensive eye 
examinations for children previously identified as needing 
these services; (2) treatment or services to correct vision 
problems; and (3) development and dissemination of education 
materials on recognizing signs of visual impairment. Eligible 
children would not be able to receive coverage for vision 
services through a private insurance policy, nor be eligible 
for vision services through Medicaid, the Children's Health 
Insurance Program, or any other federal or state health benefit 
programs. These children would have to be defined by their 
states as low-income.
    The legislation would prioritize services for children who 
are under the age of nine. It would require the Secretary of 
HHS to give priority to states that will provide services to 
the lowest income children within the state. States would be 
required to ensure that grant funds supplement, and not 
supplant, any other federal, state, or local funds available to 
carry out similar activities and coordinate grant programs 
under the bill with existing federal and state programs that 
provide services to children. States would be required to 
provide assurances that the state will not eliminate or 
otherwise reduce vision care benefits provided under Medicaid. 
All grant funds would be required to be expended on eligible 
children. To receive grants, states would be required to 
contribute at least 25% of activity costs (75-25 federal-state 
match), and up to 20% of a state's grant funding may be used 
for education and awareness. The bill would authorize the 
appropriation of $65 million for fiscal years 2009 through 
2013.

Legislative History

    On January 15, 2009, H.R. 577 was introduced in the House 
by Rep. Gene Green of Texas and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on January 16, 2009, but subsequently discharged from 
consideration on March 4, 2009.
    On March 4, 2009, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 577, which was ordered 
favorably reported to the House, amended, by a voice vote.
    On March 23, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 577 (H. Rept. 111-46).
    On March 31, 2009, the House passed H.R. 577 under 
suspension of the rules by a rollcall vote of 404-17.
    On April 1, 2009, the Senate received H.R. 577 and referred 
to the Senate Committee on Health, Education, Labor, and 
Pensions.
    No further action was taken on H.R. 577 in the 111th 
Congress.

                 NATIONAL PAIN CARE POLICY ACT OF 2009

                               (H.R. 756)

    To amend the Public Health Service Act to provide support 
for various pain care activities.

Summary

    H.R. 756, the National Pain Care Policy Act of 2009, would 
amend the Public Health Service Act to authorize the Secretary 
of HHS to: (1) contract with the Institute of Medicine to 
convene a national conference on pain; (2) to support programs 
to educate and train health professionals in pain care; and (3) 
to implement a national pain care education, outreach, and 
awareness campaign. The bill would authorize the appropriation 
of various amounts for each of these purposes for fiscal years 
2010 through 2012.

Legislative History

    On January 28, 2009, H.R. 756 was introduced in the House 
by Rep. Capps of California and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on January 29, 2009, but subsequently discharged from 
consideration on March 4, 2009.
    On March 4, 2009, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 756, which was ordered 
favorably reported to the House without amendment by a voice 
vote.
    On March 23, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 756 (H. Rept. 111-43).
    On March 30, 2009, the House passed H.R. 756 under 
suspension of the rules by a rollcall vote of 390-6.
    On March 31, 2009, the Senate received H.R. 756 and 
referred to the Senate Committee on Health, Education, Labor, 
and Pensions.
    No further action was taken on H.R. 756 in the 111th 
Congress, although provisions of this legislation were included 
in the House-passed legislation on Health Care Reform (see H.R. 
3962).

             PEDIATRIC RESEARCH CONSORTIA ESTABLISHMENT ACT

                               (H.R. 758)

    To amend title IV of the Public Health Service Act to 
provide for the establishment of pediatric research consortia 
at the National Institutes of Health.

Summary

    H.R. 758, the Pediatric Research Consortia Establishment 
Act, would amend title IV of the Public Health Service Act to 
provide for the establishment of pediatric research consortia. 
The bill would require the Director of NIH, acting through the 
Director of the National Institute of Child Health and Human 
Development, to award grants, contracts, or cooperative 
agreements for planning, establishing, and proving basic 
operating support for up to 20 national pediatric research 
consortia. H.R. 758 would require each consortium to: (1) 
supplement, but not replace, the establishment of a 
comprehensive pediatric research portfolio; (2) conduct basic, 
clinical, behavioral, social, and translational research; and 
(3) conduct training and demonstration of advanced diagnostic 
and treatment methods relating to pediatrics.

Legislative History

    On January 28, 2009, H.R. 758 was introduced in the House 
by Rep. DeGette of Colorado and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on February 2, 2009.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 758.
    On September 16, 2010, the Subcommittee on Health met in 
open markup session and H.R. 758 was favorably forwarded to the 
full Committee, amended, by a voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session to consider H.R. 758 as approved by 
the Subcommittee. Subsequently the Committee ordered H.R. 758 
favorably reported to the House, as amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed a House report on H.R. 758 (H. Rept. 111-640).
    H.R. 758 was passed by the House under suspension of the 
rules, as amended, by a voice vote on September 28, 2010.
    On November 15, 2010, H.R. 758 was received in the Senate 
and referred to the Committee on Health, Education, Labor, and 
Pensions.
    No further action was taken on H.R. 758 in the 111th 
Congress.

                 DENTAL EMERGENCY RESPONDER ACT OF 2010

                               (H.R. 903)

    To amend various authorities, including the Public Health 
Service Act, to enhance the roles of dentists and allied dental 
personnel in the Nation's disaster response framework.

Summary

    Currently federal law deters states receiving federal 
emergency responder training grants from incorporating dental 
professionals and schools into their all-hazards emergency 
response plans. H.R. 903, the Dental Emergency Responder Act of 
2010, would provide states the option to incorporate dentists 
and dental facilities into such plans.
    The legislation would amend the Public Health Service Act 
to: (1) revise the National Health Security Strategy to include 
increasing the preparedness, response capabilities, and surge 
capacity of dental facilities and effective utilization of any 
available mobile dental assets; and (2) require federal dental 
entities to carry out activities under the public health and 
medical response training program. H.R. 903 would amend the 
Homeland Security Act of 2002 to include dental personnel 
within the definition of ``emergency response providers'' and 
would require the Chief Medical Officer of the Department of 
Homeland Security (DHS) to serve as the primary DHS point of 
contact for the dental community with respect to medical and 
public health matters related to natural disasters, acts of 
terrorism, and other man-made disasters. In addition, H.R. 903 
would amend the Post-Katrina Emergency Management Reform Act of 
2006 to require operational plans developed by federal agencies 
with responsibilities under the National Response Plan to 
address the preparedness and deployment of dental resources.

Legislative History

    On February 4, 2009, H.R. 903 was introduced in the House 
by Rep. Stupak of Michigan and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on February 9, 2009.
    On July 22, 2010, the Subcommittee on Health met in open 
markup session to consider H.R. 903, and favorably forwarded 
the bill to the full Committee, amended, by a voice vote.
    On July 28, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 903 as approved by the 
Subcommittee. H.R. 903 was ordered favorably reported to the 
House, as amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 903 (H. Rept. 111-647).
    H.R. 903 was passed by the House under suspension of the 
rules, as amended, by a voice vote on September 28, 2010.
    On September 29, 2010, the Senate received H.R. 903 as 
amended by the House and referred the bill to the Committee on 
Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 903 in the 111th 
Congress, although provisions of the legislation were also 
included in the House-passed health reform bill (see H.R. 
3962).

              PHYSICIAN WORKFORCE ENHANCEMENT ACT OF 2009

                               (H.R. 914)

    To amend title VII of the Public Health Service Act to 
establish a loan program for eligible hospitals to establish 
residency training programs.

Summary

    H.R. 914, the Physician Workforce Enhancement Act of 2009, 
would amend the Public Health Service Act to require the 
Secretary of HHS, acting through the Administrator of HRSA, to 
establish a program that provides loans for residency training 
programs to public or nonprofit hospitals that do not have 
residency programs and meet other criteria, with preference 
given to hospitals in rural and small areas. The Administrator 
would be required to establish penalties for violation of the 
program's requirements and to submit a report to Congress on 
the efficacy of the program. The Administrator would be 
prohibited from charging or collecting interest on loans. The 
legislation would authorize the appropriation of a total of $25 
million for fiscal years 2010 through 2020. The cumulative 
dollar amount of a loan to an eligible hospital would not be 
allowed to exceed $1 million, and loans could not be made after 
December 31, 2019.

Legislative History

    On February 9, 2009, H.R. 914 was introduced in the House 
by Rep. Burgess of Texas and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on February 10, 2009. The Subcommittee was discharged 
from consideration of H.R. 914 on March 4, 2009.
    On March 4, 2009, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 914 and ordered the 
bill favorably reported to the House without amendment by a 
voice vote.
    There was no further action taken on H.R. 914 in the 111th 
Congress.

               MAMMOGRAM AND MRI AVAILABILITY ACT OF 2009

                               (H.R. 995)

    To amend the Public Health Service Act and Employee 
Retirement Income Security Act of 1974 to require that group 
and individual health insurance coverage and group health plans 
provide coverage for annual screening mammography for women 40 
years of age or older and for such screening and annual 
magnetic resonance imaging for women at high risk for breast 
cancer if the coverage or plans include coverage for diagnostic 
mammography for women 40 years of age or older.

Summary

    H.R. 995, the Mammogram and MRI Availability Act of 2009, 
would amend the Public Health Service Act to require health 
insurance plans offering group coverage that provide coverage 
for diagnostic mammography for women aged 40 years and older to 
meet certain requirements with respect to coverage of 
mammography services. Health insurance plans providing coverage 
for diagnostic mammography would also be required to provide 
coverage of annual screening mammography for women over 40. In 
addition, these plans would be required to cover diagnostic 
mammography, annual screening mammography, and annual magnetic 
resonance imaging for high-risk women under terms and 
conditions no less favorable than those for coverage of 
diagnostic mammography.
    The bill would prohibit health insurance plans from: (1) 
denying coverage for annual screening mammography or annual 
magnetic resonance imaging on the basis that coverage is not 
medically necessary or not pursuant to health care provider 
referral, consent, or recommendation; (2) denying eligible 
women continued eligibility, enrollment, or coverage renewal 
solely to avoid requirements of the legislation; (3) providing 
monetary payments or rebates to encourage women to accept less 
than minimum protections under the legislation; (4) penalizing 
or otherwise reducing or limiting reimbursement of an attending 
provider if he or she provides care to a beneficiary in 
accordance with the legislation; and (5) providing incentives 
to providers to induce care of a beneficiary that is 
inconsistent with the legislation.

Legislative History

    On February 11, 2009, H.R. 995 was introduced in the House 
by Rep. Nadler of New York and referred to the Committee on 
Energy and Commerce, and in addition to the Committee on 
Education and Labor. The bill was referred to the Subcommittee 
on Health on February 12, 2009.
    On October 8, 2009, the Subcommittee on Health held a 
legislative hearing on H.R. 995.
    No further action was taken on H.R. 995 in the 111th 
Congress.

HEART DISEASE EDUCATION, ANALYSIS RESEARCH, AND TREATMENT FOR WOMEN ACT

                              (H.R. 1032)

    To amend the Public Health Service Act to improve the 
prevention, diagnosis, and treatment of heart disease, stroke, 
and other cardiovascular diseases in women.

Summary

    H.R. 1032, Heart Disease Education, Analysis Research, and 
Treatment for Women Act, is designed to improve the prevention, 
diagnosis, and treatment of heart disease, stroke, and other 
cardiovascular diseases in women. The legislation would codify 
FDA regulations that require the inclusion of women in clinical 
trials submitted to FDA to support an application for a drug 
device, or biologics approval. It would require that patient 
safety data reported to and among the network of patient safety 
databases be stratified by gender. In addition, H.R. 1032 would 
require HHS to carry out an education campaign about heart 
disease and women and reauthorizes the WISEWOMAN program at 
CDC. The bill would authorize the WISEWOMAN program at: $70 
million for fiscal year 2010; $73.5 million for fiscal year 
2011; $77 million for fiscal year 2012; $81 million for fiscal 
year 2013; and $85 million for fiscal year 2014.

Legislative History

    On February 12, 2009, H.R. 1032 was introduced in the House 
by Rep. Capps of California and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on February 13, 2009.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 1032.
    On September 16, 2010, the Subcommittee on Health met in 
open markup session to consider H.R. 1032. Subsequently, H.R. 
1032 was favorably forwarded to the full Committee, amended, by 
a voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session on H.R. 1032 and ordered the bill 
favorably reported to the House, as amended by the 
Subcommittee, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 1032 (H. Rept. 111-639).
    On September 30, 2010, H.R. 1032 passed the House under 
suspension of the rules, as amended, by a voice vote.
    On November 15, 2010, the Senate received H.R. 1032, as 
amended by the House, and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 1032 in the 111th 
Congress, although provisions of the legislation were included 
in the House-passed health reform bill (see H.R. 3962).

          ARTHRITIS PREVENTION, CONTROL, AND CURE ACT OF 2010

                              (H.R. 1210)

    To amend the Public Health Service Act to provide for 
arthritis research and other arthritis-related activities.

Summary

    H.R. 1210, the Arthritis Prevention, Control, and Cure Act 
of 2010, would provide resources to help address the health 
needs of hundreds of thousands of Americans who suffer from 
arthritis. The bill would require the Secretary of Health and 
Human Services to develop and implement a National Arthritis 
Action Program, at a level of $32 million in fiscal year 2010, 
rising to $40 million in fiscal year 2014. The Program would 
support control, prevention, surveillance, research, education, 
and outreach activities, through grants and direct support to 
public or private nonprofit entities and states. The bill would 
further authorize the Secretary to expand and intensify 
National Institutes of Health programs with respect to research 
and related activities concerning various forms of juvenile 
arthritis and related conditions.
    In addition, the legislation would direct the Centers for 
Disease Control (CDC) and Prevention to award grants or enter 
into cooperative agreements for the collection, analysis, and 
reporting of data on juvenile arthritis, and to support the 
development of a national juvenile arthritis population-based 
database. It would authorize $25 million for each of the fiscal 
years 2010 through 2014 for these CDC surveillance activities.
    The bill would also require the Secretary to provide grants 
to support pediatric rheumatology training at a level of $3.75 
million for each of fiscal years 2010 through 2014, and directs 
the Secretary to establish and carry out a pediatric 
rheumatology loan repayment program, as needed. To carry out 
these activities, the Secretary would be able to reserve 
funding from amounts already appropriated to the Health 
Resources and Services Administration for the fiscal year 
involved.

Legislative History

    On February 26, 2009, H.R. 1210 was introduced in the House 
by Rep. Eshoo of California and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on March 2, 2009. The Subcommittee was discharged 
from consideration of the bill on September 23, 2010.
    On September 15, 2010, the Subcommittee on Health held a 
hearing on H.R. 1210.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session to consider H.R. 1210. Subsequently, 
the Committee order H.R. 1210 favorably reported to the House, 
amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 1210 (H. Rept. 111-638).
    On September 30, 2010, the House passed H.R. 1210, as 
amended, under suspension of the rules by a voice vote.
    On November 15, 2010, the Senate received H.R. 1210 with 
House amendments and referred the bill to the Senate Committee 
on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 1210 in the 111th 
Congress.

ACQUIRED BONE MARROW FAILURE DISEASE RESEARCH AND TREATMENT ACT OF 2010

                              (H.R. 1230)

    To amend the Public Health Service Act to provide for 
research on acquired bone marrow failure diseases, minority-
focused programs on such diseases, and the development of best 
practices for diagnosis of and care for individuals with such 
diseases.

Summary

    H.R. 1230, the Acquired Bone Marrow Failure Disease 
Research and Treatment Act of 2010, addresses the need to 
improve research and treatment for individuals diagnosed with 
bone marrow disease. The bill would require the Secretary of 
Health and Human Services, acting through the Director of 
Centers for Disease Control and Prevention, to develop a system 
to collect data on acquired bone marrow failure diseases and to 
establish the National Acquired Bone Marrow Failure Disease 
Registry. The legislation would allow the Secretary to award 
grants to, and enter into contracts and cooperative agreements 
with, public or private nonprofit entities for the management 
of the Registry. It would require the Secretary to conduct 
pilot studies to determine which environmental factors may 
cause acquired bone marrow failure diseases. The bill would 
authorize $3 million for each of fiscal years 2010 through 2014 
to carry out these activities.
    In addition, H.R. 1230 would require the Secretary to 
establish outreach and information programs targeted to 
minority populations affected by acquired bone marrow failure 
diseases and to award grants to, or enter into cooperative 
agreements with, entities to perform research on such diseases. 
It would authorize $2 million for each of fiscal years 2010 
through 2014 to carry out these activities. The bill would also 
require the Secretary, acting through the Director of the 
Agency on Healthcare Research and Quality (AHRQ), to award 
grants to entities to improve diagnostic practices and quality 
of care with respect to patients with acquired bone marrow 
failure diseases.

Legislative History

    On February 26, 2009, H.R. 1230 was introduced in the House 
by Rep. Matsui of California and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on March 2, 2009.
    On September 15, 2010, the Subcommittee on Health held a 
hearing on H.R. 1230.
    On September 16, 2010, the Subcommittee on Health met in 
open markup session to consider H.R. 1230, and favorably 
forwarded the bill to the full Committee, amended, by a voice 
vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session to consider H.R. 1210 as amended by 
the Subcommittee. The Committee subsequently ordered H.R. 1230 
favorably reported to the House, as amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 1210 (H. Rept. 111-637).
    On September 30, 2010, the House passed H.R. 1230, as 
amended, under suspension of the rules by a voice vote.
    On November 15, 2010, the Senate received H.R. 1230 with 
House amendments and referred the bill to the Senate Committee 
on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 1230 in the 111th 
Congress.

               DEXTROMETHORPHAN DISTRIBUTION ACT OF 2009

                              (H.R. 1259)

    To amend the Federal Food, Drug, and Cosmetic Act with 
respect to the distribution of the drug Dextromethorphan, and 
for other purposes.

Summary

    Dextromethorphan (DXM) is an over-the-counter (OTC) cough 
suppressant commonly found in more than 120 OTC cold 
medications either alone or in combination with other drugs 
such as analgesics, antihistamines, decongestants, or 
expectorants. When taken as directed, side effects are rarely 
observed. However, DXM is abused by individuals of all ages 
causing significant health complications.
    H.R. 1259, the Dextromethorphan Distribution Act of 2009, 
would prohibit a person from: (1) possessing or receiving 
unfinished DXM unless the person is registered with the 
Secretary of HHS as a producer of a drug or device or otherwise 
registered, licensed, or approved under federal or state law to 
engage in specified pharmaceutical activities; or (2) 
distributing unfinished DXM to any person registered with HHS 
or otherwise registered, licensed, or approved under federal or 
state law to engage in specified pharmaceutical activities.
    H.R. 1259 closely resembles H.R. 970, the Dextromethorphan 
Distribution Act of 2007, which passed the House, under 
suspension of the rules, in the 110th Congress. It is identical 
to S. 1378, also introduced in the 110th Congress. The main 
difference is that H.R. 1259 includes exemptions for persons 
who are registered, licensed, or approved under federal or 
state law to engage in specified pharmaceutical activities.

Legislative History

    On March 3, 2009, H.R. 1259 was introduced in the House by 
Rep. Upton of Michigan and referred to the Committee on Energy 
and Commerce. H.R. 1259 was referred to the Subcommittee on 
Health on March 3, 2009. On March 3, 2009, the Subcommittee was 
discharged by the full Committee from further consideration of 
H.R. 1259.
    On March 4, 2009, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 1259 and the Committee 
ordered the bill favorably reported to the House without 
amendment by a voice vote.
    On March 24, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 1259 (H. Rept. 111-49).
    On March 31, 2009, the House passed H.R. 1259 without 
amendment, under suspension of the rules, by a rollcall vote of 
407-8.
    On April 1, 2009, the Senate received H.R. 1259 and the 
bill was referred to the Senate Committee on Health, Education, 
Labor, and Pensions.
    No further action was taken on H.R. 1259 in the 111th 
Congress.

                   MEDICAL DEVICE SAFETY ACT OF 2009

                              (H.R. 1346)

    To amend the Federal Food, Drug, and Cosmetic Act with 
respect to liability under state and local requirements 
respecting medical devices.

Summary

    The Medical Device Amendments of 1976 (MDA) require the 
Food and Drug Administration to classify all medical devices 
into three risk-based categories subject to corresponding 
levels of regulation. ``Class I'' (low risk) devices, including 
rubber gloves and bedpans, are subject to minimal requirements. 
``Class II'' (moderate risk) devices, including tampons and 
hearing aids, pose more serious risks to patients. FDA may 
require more stringent control of these products, such as 
specific warning labels. ``Class III'' (high risk) devices are 
those that either present ``a potential unreasonable risk of 
illness or injury'' or are ``purported or represented to be for 
a use in supporting or sustaining human life or for a use which 
is of substantial importance in preventing impairment of human 
health.'' Except for devices that are substantially equivalent 
to devices already on the market in 1976, the MDA requires that 
all new Class III devices obtain premarket approval before they 
may be marketed.
    The MDA requires manufacturers of all high-risk (Class III) 
devices to submit a premarket approval (PMA) application. 
Manufacturers of Class I and Class II devices are not required 
to obtain premarket approval before marketing their devices. 
The Class III PMA process requires that a company submit to FDA 
clinical data proving the safety and effectiveness of the 
product. Based on this information, FDA either grants or denies 
approval of the device. PMA devices are the most complex 
devices and are generally intended to treat serious and life-
threatening conditions. Examples of PMA-approved devices 
include implantable defibrillators, heart valves and pumps, and 
hip and knee implants.
    When patients are injured by devices, they may face 
permanent disability, inability to work, costly medical 
procedures, or death. There is no remedy under federal law by 
which patients may seek compensation for injuries from unsafe 
devices. In cases in which device manufacturers fail to warn of 
the risks or design defective products, patients traditionally 
have sought compensation for their injuries under state 
``tort'' law. The ability to sue under state tort law has 
existed since before the Federal Food Drug and Cosmetic Act was 
enacted in 1938.
    On February 20, 2008, the U.S. Supreme Court held for the 
first time, in Riegel v. Medtronic, that state lawsuits brought 
by individuals who suffered damages resulting from certain 
medical devices are preempted (barred) by the express 
preemption clause included in the MDA. The Riegel decision 
shields medical device companies from liability for failing to 
provide up-to-date warnings about PMA device risks or for 
defectively designing PMA devices. Since the MDA, courts had 
held companies responsible for their faulty devices and 
permitted patients to seek compensation for their injuries. 
Because of the new interpretation of the law by the Supreme 
Court, however, patients who are injured or killed as a result 
of faulty PMA devices can no longer seek compensation for their 
injuries. More than 1,400 lawsuits brought by patients injured 
by devices have been dismissed as a result of the Riegel 
decision.
    H.R. 1346, the Medical Device Safety Act of 2009, would 
overturn the 2008 Supreme Court decision that eliminated the 
right of Americans injured by certain medical devices to bring 
state product liability lawsuits. The legislation would clarify 
the intent of Congress in the MDA by explicitly stating that 
actions for damages under state law are preserved. 
Specifically, the bill would amend the express preemption 
provision contained in section 521 of the Federal Food Drug and 
Cosmetic Act to add the following language: ``(c) No Effect on 
Liability Under State Law.--Nothing in this section shall be 
construed to modify or otherwise affect any action for damages 
or the liability of any person under the law of any State.''

Legislative History

    On March 5, 2009, H.R. 1346 was introduced in the House by 
Rep. Pallone of New Jersey and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on March 6, 2009.
    On May 12, 2009, the Subcommittee on Health held a hearing 
on H.R. 1346.
    No further action was taken on H.R. 1346 in the 111th 
Congress.

            CONCUSSION TREATMENT AND CARE TOOLS ACT OF 2009

                              (H.R. 1347)

    To amend title III of the Public Health Service Act to 
provide for the establishment and implementation of concussion 
management guidelines with respect to school-aged children.

Summary

    H.R. 1347, the Concussion Treatment and Care Tools Act of 
2009, would direct the Secretary of HHS to establish concussion 
management guidelines that focus on the prevention and 
management of concussions in school-aged children, including 
standards for student athletes to return to play after a 
concussion. The legislation would authorize the Secretary of 
HHS to convene a conference of medical, athletic, and 
educational stakeholders to establish such guidelines. In 
addition, the bill would authorize the Secretary to make grants 
to states for adopting, disseminating, and ensuring the 
implementation by schools of the guidelines and for funding 
implementation by schools of preseason baseline and post-injury 
neuropsychological testing for student athletes. To carry out 
theses grants, the bill would authorize $5 million for fiscal 
year 2010 and such sums as may be necessary for each of fiscal 
years 2011 through 2014.

Legislative History

    On March 5, 2009, H.R. 1347 was introduced in the House by 
Rep. Pascrell of New Jersey and referred to the Committee on 
Energy and Commerce.
    On September 8, 2010, and September 15, 2010, the 
Subcommittee on Health held legislative hearings to consider 
H.R. 1347.
    On September 16, 2010, the Subcommittee met in open markup 
session and H.R. 1347 was forwarded favorably to the full 
Committee, as amended, by voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session, and H.R. 1347 was ordered favorably 
reported to the House, as amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed a House report on H.R. 1347 (H. Rept. 111-632).
    On September 30, 2010, H.R. 1347, as amended, passed the 
House, under suspension of the rules by a voice vote.
    On November 15, 2010, the Senate received H.R. 1347 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 1347 in the 111th 
Congress.

     NATIONAL NEUROLOGICAL DISEASES SURVEILLANCE SYSTEM ACT OF 2010

                              (H.R. 1362)

    To amend the Public Health Service Act to provide for the 
establishment of permanent national surveillance systems for 
multiple sclerosis, Parkinson's disease, and other neurological 
diseases and disorders.

Summary

    H.R. 1362, the National Neurological Diseases Surveillance 
System Act of 2010, would require the Secretary of HHS to 
develop surveillance systems, in the form of registries, for 
both Multiple Sclerosis and Parkinson's disease. It would also 
require the Secretary to establish an advisory committee on 
Neurological Disease Registries to review and make 
recommendations on the surveillance activities authorized in 
the legislation, including the development and maintenance of 
the systems. To carry out these activities, the bill would 
authorize $5 million for each of fiscal years 2010 through 
2014.

Legislative History

    On March 5, 2009, H.R. 1362 was introduced in the House by 
Rep. Van Hollen of Maryland and referred to the Committee on 
Energy and Commerce.
    On March 15, 2010, the Subcommittee on Health held a 
legislative hearing to consider H.R. 1362.
    On March 16, 2010, the Subcommittee on Health met in open 
markup session and H.R. 1362 was forwarded favorably to the 
full Committee, as amended, by a voice vote.
    On March 23, 2010, the Committee on Energy and Commerce met 
in open markup session and H.R. 1362 was ordered favorably 
reported, as amended, to the House by a voice vote.
    On March 28, 2010, the Committee on Energy and Commerce 
reported H.R. 1362 to the House, as amended (H. Rept. 111-636).
    That same day, H.R. 1362 passed the House, under suspension 
of the rules, as amended, by a voice vote.
    On March 29, 2010, H.R. 1362 was received in the Senate and 
referred to the Committee on Health, Education, Labor, and 
Pensions.
    No further action was taken on H.R. 1362 in the 111th 
Congress.

JOSH MILLER HELPING EVERYONE ACCESS RESPONSIVE TREATMENT IN SCHOOLS ACT 
                                OF 2009

                              (H.R. 1380)

    To establish a grant program for automated external 
defibrillators in elementary and secondary schools.

Summary

    H.R. 1380, the Josh Miller Helping Everyone Access 
Responsive Treatment in Schools Act of 2009, would amend the 
Elementary and Secondary Education Act of 1965 to direct the 
Secretary of Education to award matching grants to local 
educational agencies (LEAs) to: (1) purchase automated external 
defibrillators (AEDs) for use in their schools; and/or (2) 
provide training to meet the grant requirement that at least 
five adult employees or volunteers at each school where an AED 
is to be used successfully complete training in its use and in 
cardiopulmonary resuscitation (CPR). The bill would require 
LEAs to provide matching funds equal to at least 25% of the 
grant, but waives such requirement for LEAs that serve a 
student population at least 20% of which is impoverished.
    The bill would authorize sums as may be necessary for each 
of fiscal years 2010 through 2015 to carry out these 
activities.

Legislative History

    On March 6, 2009, H.R. 1380 was introduced in the House by 
Rep. Sutton of Ohio and referred to the Committee on Education 
and Labor, and in addition to the Committee on Energy and 
Commerce.
    On June 2, 2009, H.R. 1380 passed the House, under 
suspension of the rules, by a voice vote.
    On June 3, 2009, H.R. 1380 was received in the Senate and 
referred to the Committee on Health, Education, Labor, and 
Pensions.
    No further action was taken on H.R. 1380 in the 111th 
Congress.

           TORTURE VICTIMS RELIEF REAUTHORIZATION ACT OF 2009

                              (H.R. 1511)

    To amend the Torture Victims Relief Act of 1998 to provide 
assistance for domestic and foreign programs and centers for 
the treatment of victims of torture.

Summary

    H.R. 1511, the Torture Victims Relief Reauthorization Act 
of 2009, would amend the Torture Victims Relief Act of 1998 to 
authorize $25 million for each of fiscal years 2010 and 2011 
for: (1) HHS for grants to domestic treatment centers for 
services for victims of torture; (2) foreign treatment centers 
for victims of torture; and (3) the United Nations Voluntary 
Fund for Victims of Torture.

Legislative History

    On March 16, 2009, H.R. 1511 was introduced in the House by 
Rep. Smith of New Jersey and referred to the Committee on 
Foreign Affairs, and in addition to the Committee on Energy and 
Commerce.
    On July 22, 2009, H.R. 1511 passed the House, under 
suspension of the rules, by a voice vote.
    On July 23, 2009, H.R. 1511 was received in the Senate and 
referred to the Committee on Foreign Relations.
    No further action was taken on H.R. 1511 in the 111th 
Congress.

              BREAST CANCER PATIENT PROTECTION ACT OF 2009

                              (H.R. 1691)

    To require private health insurance plans to provide 
coverage for a minimum hospital stay for mastectomies, 
lumpectomies, and lymph node dissection for the treatment of 
breast cancer and coverage for secondary consultations.

Summary

    H.R. 1691, the Breast Cancer Patient Protection Act of 
2009, would amend the Employee Retirement Income Security Act 
of 1974 (ERISA), the Public Health Service Act, and the 
Internal Revenue Code to require a group health plan that 
provides medical and surgical benefits to ensure that inpatient 
and, in the case of a lumpectomy, outpatient coverage and 
radiation therapy are provided for breast cancer treatment. The 
bill would prohibit such a plan from restricting benefits for 
any hospital length of stay to less than 48 hours in connection 
with a mastectomy or breast conserving surgery, or 24 hours in 
connection with a lymph node dissection, insofar as the 
attending physician, in consultation with the patient, 
determines such stay to be medically necessary. H.R. 1691 would 
forbid such a plan from requiring that a provider obtain 
authorization from the plan or issuer for prescribing any such 
length of stay.
    The legislation would require such a plan or issuer to 
provide notice to each participant and beneficiary regarding 
the coverage required under the legislation, and to ensure that 
coverage for secondary consultations. The bill would prohibit a 
group health plan from taking specified actions to avoid its 
requirements.
    H.R 1691 would apply the requirements to health insurance 
issuers offering coverage in the individual market. The bill 
would not allow a health insurance issuer that provides 
individual health insurance coverage to non-renew or 
discontinue an individual's coverage based on the intentional 
concealment of material facts regarding a health condition 
related to the condition for which coverage is being claimed.

Legislative History

    On March 24, 2009, H.R. 1691 was introduced in the House by 
Rep. DeLauro of Connecticut and referred to the Committee on 
Energy and Commerce, and in addition to the Committee on Ways 
and Means and the Committee on Education and Labor.
    On October 8, 2009, the Subcommittee on Health held a 
legislative hearing on H.R. 1691.
    No further action was taken on H.R. 1691 in the 111th 
Congress.

 BREAST CANCER EDUCATION AND AWARENESS REQUIRES LEARNING YOUNG ACT OF 
                                  2009

                          (H.R. 1740, S. 994)

    To amend the Public Health Service Act to increase 
awareness of the risks of breast cancer in young women and 
provide support for young women diagnosed with breast cancer.

Summary

    H.R. 1740, the Breast Cancer Education and Awareness 
Requires Learning Young Act of 2009, would amend the Public 
Health Service Act to direct the Secretary of HHS, acting 
through the Director of CDC, to conduct a national evidence-
based education campaign to increase public awareness regarding 
the threats posed by breast cancer to young women, including 
the particular risks faced by certain ethnic and cultural 
groups. The legislation would also direct the Secretary to 
award grants to entities to establish national multimedia 
campaigns on such risks and strategies for addressing them.
    In addition, the legislation would direct the Secretary, 
acting through the Director of CDC and in consultation with the 
Administrator of the Health Resources and Services 
Administration to conduct an educational campaign to increase 
awareness among physicians and other health care professionals. 
The Director would be instructed to conduct prevention research 
on breast cancer in younger women.
    The bill would direct the Secretary to award grants to 
organizations and institutions to provide young women diagnosed 
with breast cancer substantive assistance and health 
information from credible sources on education and counseling 
regarding fertility preservation, social emotional, 
psychosocial, financial, lifestyle, and caregiver support, 
familial risk factors, and risk reduction strategies to reduce 
recurrence or metastasis.

Legislative History

    On March 26, 2009, H.R. 1740 was introduced in the House by 
Rep. Wasserman Schultz of Florida and referred to the Committee 
on Energy and Commerce.
    On October 8, 2009, the Subcommittee on Health held a 
legislative hearing on H.R. 1740 to discuss breast cancer 
prevention, research, treatment, and quality of care.
    No further action was taken on H.R. 1740 in the 111th 
Congress, although provisions of S. 994, the Breast Cancer 
Education and Awareness Requires Learning Young Act of 2009 
(companion legislation to H.R. 1740) introduced by Sen. 
Klobuchar of Minnesota, were included in the Patient Protection 
and Affordable Care Act (Public Law 111-148) and the Health 
Care and Education Reconciliation Act of 2010 (Public Law 111-
152).

              FAMILY HEALTH CARE ACCESSIBILITY ACT OF 2010

                              (H.R. 1745)

    To amend the Public Health Service Act to provide liability 
protections for volunteer practitioners at health centers under 
section 330 of such Act.

Summary

    Currently all medical professionals employed by health 
centers are covered under the Federal Tort Claims Act (FTCA) 
for medical malpractice. In order to receive this coverage, 
each health center must undergo extensive risk management 
training and have in place continuous oversight mechanisms to 
reduce the risk of malpractice. Individuals seeking to 
volunteer at a health center must either have their own 
independent coverage or rely on the Volunteer Protection Act 
(VPA), which can complicate a health center's risk management 
practices. VPA coverage does not have the same malpractice 
coverage as FTCA.
    H.R. 1745, the Family Health Care Accessibility Act of 
2010, would amend the Public Health Service Act to deem 
volunteer practitioners at health centers as employees of the 
Public Health Service for purposes of any civil action that may 
arise due to providing services to patients at such health 
centers. The bill would define ``volunteer practitioner'' as a 
licensed physician or licensed clinical psychologist who: (1) 
provides services to patients of a public or nonprofit entity 
receiving federal funds for serving medically underserved 
areas, at the request of the entity; (2) provides such service 
at a site at which the entity operates or at a site designated 
by the entity; and (3) does not receive any compensation for 
the provision of services.

Legislative History

    On March 26, 2009, H.R. 1745 was introduced in the House by 
Rep. Tim Murphy of Pennsylvania and was referred to the 
Committee on Energy and Commerce.
    On July 22, 2010, the Subcommittee on Health met in open 
markup session and H.R. 1745 was forwarded favorably to the 
full Committee, as amended, by a voice vote.
    On June 28, 2010, the Committee on Energy and Commerce met 
in open markup session, and H.R. 1745 was ordered favorably 
reported, as amended, to the House by a voice vote.
    On September 16, 2010, the Committee on Energy and Commerce 
reported H.R. 1745 to the House, as amended (H. Rept. 111-607).
    On September 22, 2010, H.R. 1745 passed the House, under 
suspension of the rules, as amended, by a rollcall vote of 417-
1.
    On September 24, 2010, H.R. 1745 was received in the Senate 
and referred to the Committee on Health, Education, Labor, and 
Pensions.
    No further action was taken on H.R. 1745 in the 111th 
Congress, although provisions of the legislation were included 
in the House-passed health reform bill (H.R. 3962).

         DIABETES IN MINORITY POPULATIONS EDUCATION ACT OF 2010

                              (H.R. 1995)

    To amend the Public Health Service Act to prevent and treat 
diabetes, to promote and improve the care of individuals with 
diabetes, and to reduce health disparities, relating to 
diabetes, within racial and ethnic minority groups, including 
the African-American, Hispanic American, Asian American, Native 
Hawaiian and Other Pacific Islander, and American Indian and 
Alaskan Native communities.

Summary

    H.R. 1995, the Diabetes in Minority Populations Education 
Act of 2010, would require the Director of the National 
Institutes of Health (NIH) to expand and intensify ongoing 
research and other activities with respect to pre-diabetes and 
diabetes in minority populations and to support programs to 
treat diabetes in these populations.
    It would also require the Director of NIH, acting through 
the National Center for Minority Health and Health Disparities 
and the National Diabetes Education Program, to carry out 
health care professional mentorship and participation in 
diabetes-focused research programs and activities and to make 
grants for a pipeline program running from high school to 
professional school designed to increase minority 
representation in diabetes-focused health fields. In addition, 
the legislation would direct the Diabetes Mellitus Interagency 
Coordinating Committee to assess federal activities and 
programs related to diabetes in minority populations.
    H.R. 1995 would require the Secretary of HHS, acting 
through the Director of CDC to conduct and support research and 
other activities with respect to diabetes in minority 
populations, conduct and support public education efforts, and 
carry out culturally-appropriate diabetes health promotion 
programs. In addition, the bill would require the Secretary, 
acting through the Administrator of HRSA to conduct and support 
programs to educate health professionals on diabetes in 
minority populations.
    The bill would set forth additional requirements for the 
Secretary relating to (1) factors that may influence health 
promotion, diabetes management and prevention; (2) data 
collection on diabetes treatment, care, prevention, and 
services to the American Indian population; and (3) increased 
participation of minority populations in clinical trials, and 
specialized care for children with diabetes.
    H.R. 1995 would authorize such sums as may be necessary for 
fiscal year 2010 and each subsequent fiscal year to carry out 
these activities.

Legislative History

    On April 21, 2009, H.R. 1995 was introduced in the House by 
Rep. DeGette of Colorado and referred to the Committee on 
Energy and Commerce.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 1995.
    On September 16, 2010, the Subcommittee on Health met in 
open markup session and H.R. 1995 was forwarded favorably, 
amended, to the full Committee by a voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session on H.R. 1995 and ordered the bill 
favorably reported to the House, as amended, by a voice vote.
    On September 28, 2010, H.R. 1995 passed the House, as 
amended, under suspension of the rules, by a voice vote.
    On September 29, 2010, the Senate received H.R. 1995 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 1995 in the 111th 
Congress.

             SCLERODERMA RESEARCH AND AWARENESS ACT OF 2010

                              (H.R. 2408)

    To expand the research and awareness activities of the 
National Institute of Arthritis and Musculoskeletal and Skin 
Diseases and the Centers for Disease Control and Prevention 
with respect to scleroderma.

Summary

    H.R. 2408, the Scleroderma Research and Awareness Act of 
2010, would direct the Director of the National Institute of 
Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) to 
expand, intensify, and coordinate activities relating to 
scleroderma, a chronic systemic autoimmune disease that 
involves changes in the skin, blood vessels, muscles, and 
internal organs. It would require the Director of NIAMSD to 
research the causes and treatment of scleroderma and to 
establish a scleroderma patient registry at authorization 
levels of $25 million for fiscal year 2010, $30 million for 
fiscal year 2011 and $35 million for fiscal year 2012.
    The legislation also would require the Director of CDC to 
carry out an education campaign to increase awareness of 
scleroderma. The bill would authorize $2.5 million for fiscal 
years 2010 through 2012 for the education campaign and its 
corresponding activities.

Legislative History

    On May 14, 2009, H.R. 2408 was introduced in the House by 
Rep. Capps of California and referred to the Committee on 
Energy and Commerce. H.R. 2408 was referred to the Subcommittee 
on Health on May 15, 2009.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 2408.
    On September 16, 2010, the Subcommittee on Health met in 
open markup session on H.R. 2408 and favorably forwarded the 
bill to the full Committee, amended, by a voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session on H.R. 2408 and ordered the bill 
favorably reported to the House, as amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 2408 (H. Rept. 111-631).
    On September 30, 2010, H.R. 2408, passed the House, as 
amended, under suspension of the rules, by a voice vote.
    On November 15, 2010, the Senate received H.R. 2408 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 2408 in the 111th 
Congress.

       METHAMPHETAMINE EDUCATION, TREATMENT, AND HOPE ACT OF 2010

                              (H.R. 2818)

    To amend the Public Health Service Act to provide for the 
establishment of a drug-free workplace information 
clearinghouse, to support residential methamphetamine treatment 
programs for pregnant and parenting women, and to improve the 
prevention and treatment of methamphetamine addiction.

Summary

    H.R. 2818, the Methamphetamine Education, Treatment, and 
Hope Act of 2010, expands and strengthens the activities of the 
Substance Abuse and Mental Health Services Administration 
(SAMHSA) to address the prevention and treatment of addiction 
to methamphetamine and other drugs. It would refine an existing 
family-centered residential drug treatment program for pregnant 
and postpartum women and authorizes $20 million for fiscal year 
2010, $21 million for fiscal year 2011, $22 million for fiscal 
year 2012, $23 million for fiscal year 2013, and $24 million 
for fiscal year 2014. The bill would also require support for a 
workplace-based drug information clearinghouse, and student 
involvement in prevention programs for methamphetamine and 
other drugs.

Legislative History

    On June 11, 2009, H.R. 2818 was introduced in the House by 
Rep. McNerney of California and referred to the Committee on 
Energy and Commerce. H.R. 2818 was referred to the Subcommittee 
on Health on June 12, 2009.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 2818.
    On September 16, 2010, the Subcommittee on Health met in an 
open markup session on H.R. 2818 and favorably forwarded the 
bill to the full Committee, amended, by a voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session on H.R. 2818 and ordered the bill 
favorably reported to the House, as amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 2818 (H. Rept. 111-641).
    On September 30, 2010, H.R. 2818 passed the House, as 
amended, under suspension of the rules, by a voice vote.
    On November 15, 2010, the Senate received H.R. 2818 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 2818 in the 111th 
Congress.

            VETERINARY PUBLIC HEALTH AMENDMENTS ACT OF 2010

                              (H.R. 2999)

    To amend the Public Health Service Act to enhance and 
increase the number of veterinarians trained in veterinary 
public health.

Summary

    H.R. 2999, the Veterinary Public Health Amendments Act of 
2010, would authorize a competitive grant program for schools 
of veterinary medicine. Schools can use these grants for 
faculty recruitment, physical capacity expansion, or the 
development of curricula to retrain midcareer professionals. 
H.R. 2999 would authorize $100 million for fiscal year 2010, 
$100 million for fiscal year 2011 and $50 million for each of 
fiscal years 2012 through 2014 for these activities.
    The legislation would also establish a loan repayment 
program whereby the federal government repays loans for 
veterinarians that make a four-year teaching commitment at a 
school of veterinary medicine. It would authorize $20 million 
for each of fiscal years 2010 through 2014 for this program. In 
addition, the bill would create two fellowship programs for 
public health veterinarians to be administered by HHS, but that 
would be available to all federal agencies that utilize public 
health veterinarians. H.R. 2999 would authorize $2.5 million 
for each of fiscal years 2010 through 2014 to support these 
fellowships. The bill would also establish a Division of 
Veterinary Medicine and Public Health at HRSA.

Legislative History

    On June 23, 2009, H.R. 2999 was introduced in the House by 
Rep. Baldwin of Wisconsin and referred to the Committee on 
Energy and Commerce. H.R. 2999 was referred to the Subcommittee 
on Health on June 24, 2009.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 2999.
    On September 16, 2010, the Subcommittee on Health met in an 
open markup session on H.R. 2999 and favorably forwarded the 
bill to the full Committee, amended, by a voice vote.
    On September 23, 2010, the Energy and Commerce met in an 
open markup session, and H.R. 2999 was ordered favorably 
reported, as amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 2999 (H. Rept. 111-634).
    On September 30, 2010, the House passed H.R. 2999, as 
amended, under suspension of the rules, by a voice vote.
    On November 11, 2010, the Senate received H.R. 2999 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 2999 in the 111th 
Congress.

                 EMERGENCY MEDIC TRANSITION ACT OF 2010

                              (H.R. 3199)

    To amend the Public Health Service Act to provide grants to 
state emergency medical service departments to provide for the 
expedited training and licensing of veterans with prior medical 
training.

Summary

    H.R. 3199, Emergency Medic Transition Act of 2010, would 
amend the Public Health Service Act to require the Secretary of 
Health and Human Services to establish a program of awarding 
grants to states to assist veterans who received and completed 
military emergency medical training while serving in the U.S. 
Armed Forces to become, upon their discharge or release from 
active duty service, state-licensed or certified emergency 
medical technicians. The bill would allow such funds to be used 
to: (1) provide such veterans required course work and training 
(that takes into account, and is not duplicative of, medical 
course work and training already received) to satisfy emergency 
medical services personnel certification requirements in the 
civilian sector; (2) provide reimbursement for costs associated 
with such course work and training and with applying for 
licensure or certification; (3) expedite the licensing or 
certification process; and (4) enter into an agreement with an 
educational institution to provide course work and training 
under this Act. H.R. 3199 would require a state, to be eligible 
for a grant under this Act, to demonstrate that it has a 
shortage of emergency medical technicians.
    The legislation would direct the Comptroller General to 
study the barriers experienced by such veterans seeking to 
become licensed or certified in a state as civilian health 
professionals, and to report to Congress on the results of such 
study, including recommendations on whether the program under 
the legislation should be expanded to assist veterans seeking 
to become licensed or certified in a state as health providers 
other than emergency medical technicians.

Legislative History

    On July 14, 2009, H.R. 3199 was introduced in the House by 
Rep. Harmon of California and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on July 15, 2009.
    On July 22, 2010, the Subcommittee on Health met in an open 
markup session on H.R. 3199 and favorably forwarded the bill to 
the full Committee, amended, by a voice vote.
    On July 28, 2010, the Committee on Energy and Commerce met 
in open markup session on H.R. 3199 and ordered the bill 
favorably reported to the House, as amended, by a voice vote.
    On September 16, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 3199 (H. Rept. 111-608).
    On September 23, 2010, the House passed H.R. 3199, as 
amended, under suspension of the rules, by a rollcall vote of 
412-5.
    On September 24, 2010, the Senate received H.R. 3199 with 
the House amendment and the bill was referred to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 3199 in the 111th 
Congress, although provisions of the legislation were included 
in the House-passed health reform bill (H.R. 3962).

   NATIONALLY ENHANCING THE WELLBEING OF BABIES THROUGH OUTREACH AND 
                            RESEARCH NOW ACT

                              (H.R. 3470)

    To authorize funding for the creation and implementation of 
infant mortality pilot programs in standard metropolitan 
statistical areas with high rates of infant mortality.

Summary

    H.R. 3470, the Nationally Enhancing the Wellbeing of Babies 
Through Outreach and Research Now Act, would require the 
Secretary of HHS, acting through the Administrator of HRSA, to 
award five-year grants to eligible entities to create, 
implement, and oversee infant mortality pilot programs. The 
bill would define ``eligible entity'' to mean a state, county, 
city, territorial or tribal health department that has 
submitted a proposal to the Secretary that the Secretary deems 
likely to reduce infant mortality rates within the standard 
metropolitan statistical area involved.
    The legislation would require the Secretary to give 
preference to eligible entities proposing to serve any of the 
15 counties or groups of counties with the highest rates of 
infant mortality in the United States in the past three years. 
It would set forth uses of grant funds, which may include: (1) 
developing a plan that identifies the individual needs of each 
community to be served and strategies to address those needs; 
(2) providing outreach to at-risk mothers; (3) developing and 
implementing standardized systems for improved access, 
utilization, and quality of social, educational, and clinical 
services to promote healthy pregnancies, full-term births, and 
healthy infants; (4) establishing a rural outreach program to 
provide care to at-risk mothers in rural areas; and (5) 
establishing a regional public education campaign.

Legislative History

    On July 31, 2009, H.R. 3470 was introduced in the House by 
Rep. Cohen of Tennessee and referred to the Committee on Energy 
and Commerce. The bill was referred to the Subcommittee on 
Health on September 8, 2009.
    On July 22, 2010, the Subcommittee on Health met in open 
markup session on H.R. 3470 and favorably forwarded the bill to 
the full Committee, amended, by a voice vote.
    On July 28, 2010, the Committee on Energy and Commerce met 
in open markup session on H.R. 3470 and ordered the bill 
favorably reported to the House, amended, by a voice vote.
    On September 16, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 3470 (H. Rept. 111-609).
    On September 22, 2010, the House passed H.R. 3470, as 
amended, under suspension of the rules, by a rollcall vote of 
324-64.
    On September 23, 2010, the Senate received H.R. 3470 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 3470 in the 111th 
Congress, although provisions of the legislation were included 
in the House-passed health reform bill (H.R. 3962).

                       EUNICE KENNEDY SHRIVER ACT

                              (H.R. 5220)

    To reauthorize the Special Olympics Sport and Empowerment 
Act of 2004 and to provide assistance to Best Buddies to 
support the expansion and development of mentoring programs.

Summary

    H.R. 5220, the Eunice Kennedy Shriver Act, would 
reauthorize the Special Olympics Sport and Empowerment Act of 
2004, the expansion of Best Buddies, and the establishment of 
the Eunice Kennedy Shriver Institutes for Sport and Social 
Impact. It would direct the Secretary of HHS to award grants to 
Special Olympics for health-related activities, including 
community-based prevention; and the Secretary of the Department 
of Education to award grants to Special Olympics for education-
related activities outside of the United States. The bill would 
authorize appropriations of $22.5 million for fiscal years 2011 
through 2015, to carry out activities to support and expand 
Special Olympics.
    H.R. 5220 would also authorize the Secretary of Education 
to award grants to promote the expansion of Best Buddies, and 
appropriations of $10 million for fiscal years 2011 through 
2015 to carry out activities to expand and support Best 
Buddies.
    In addition, the legislation would direct the Secretary of 
Education to award grants to institutions of higher education 
to establish Eunice Kennedy Shriver Institutes for Sport and 
Social Impact. The bill would authorize such sums as may be 
necessary for fiscal years 2011 through 2015 for this purpose.

Legislative History

    On May 5, 2010, H.R. 5220 was introduced in the House by 
Rep. Hoyer of Maryland and referred to the Committee on 
Education and Labor, and in addition to the Committee on Energy 
and Commerce, and the Committee on Foreign Affairs.
    On May 19, 2010, H.R. 5220, as amended, passed the House, 
under suspension of the rules by a voice vote.
    On May 20, 2010, the Senate received H.R. 5220 with the 
House amendment and referred the bill to the Senate Committee 
on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 5220 in the 111th 
Congress.

                    GESTATIONAL DIABETES ACT OF 2009

                              (H.R. 5354)

    To provide grants to better understand and reduce 
gestational diabetes.

Summary

    H.R. 5354, the Gestational Diabetes Act of 2009, targets 
resources specifically at gestational diabetes, a form of 
diabetes that traditionally receives far less attention and 
fewer resources than other types of that disease. The bill 
would amend the Public Health Service Act to require the 
Secretary of Health and Human Services, acting through the 
Director of Centers for Disease Control and Prevention, to 
convene a Research Advisory Committee on gestational diabetes. 
The bill would require the Director, in consultation with such 
Committee, to develop a multisite, gestational diabetes 
research project within CDC's diabetes program to expand and 
enhance surveillance data and public health research on 
gestational diabetes.
    The legislation would also require the Secretary, acting 
through the Director, to award grants to nonprofit 
organizations or state or local health agencies for 
demonstration projects that build capacity with key 
stakeholders, build new surveillance systems, and implement and 
evaluate evidence-based interventions to reduce the incidence 
of gestational diabetes and its recurrence and to prevent type 
2 diabetes after pregnancy.
    In addition, H.R. 5354 would require the Director of CDC to 
conduct and support public health research regarding 
gestational diabetes, including the development and testing of 
novel approaches for improving postpartum diabetes testing or 
screening and for preventing type 2 diabetes in women with a 
history of gestational diabetes; and research to further 
understand the epidemiologic, socioenvironmental, behavioral, 
translation, and biomedical factors and health systems that 
influence the risk of gestational diabetes and progression to 
type 2 diabetes.
    The Director of CDC would be required to encourage 
postpartum screenings after the diagnosis of gestational 
diabetes within the state-based diabetes prevention and control 
programs to reduce the incidence of gestational diabetes and 
its recurrence, progression to type 2 diabetes, and its related 
complications. The bill would authorize $5 million for each of 
fiscal years 2010 through 2014 for these activities.

Legislative History

    On May 20, 2010, H.R. 5354 was introduced in the House by 
Rep. Engel of New York and referred to the Committee on Energy 
and Commerce. H.R. 5354 was referred to the Subcommittee on 
Health on May 21, 2010.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 5354.
    On September 16, 2010, the Subcommittee on Health met in an 
open markup session on H.R. 5354 and favorably forwarded the 
bill to the full Committee, amended, by a voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session on H.R. 5462 and ordered the bill 
favorably reported to the House, as amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 5462 (H. Rept. 111-633).
    On September 30, 2010, the House passed H.R. 5354, under 
suspension of the rules, as amended, by a voice vote.
    On November 15, 2010, the Senate received H.R. 5354 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 5354 in the 111th 
Congress.

  BIRTH DEFECTS PREVENTION, RISK REDUCTION, AND AWARENESS ACT OF 2010

                              (H.R. 5462)

    To amend title III of the Public Health Service Act to 
authorize the Secretary of Health and Human Services to 
establish and implement birth defects prevention, risk 
reduction, and public awareness programs.

Summary

    H.R. 5462, the Birth Defects Prevention, Risk Reduction, 
and Awareness Act of 2010, would require the Secretary of the 
Department of Health and Human Services (HHS), acting through 
the Director of the Centers for Disease Control and Prevention 
(CDC), to establish and implement a birth defects prevention 
and public awareness program, which includes (1) a nationwide 
media campaign to increase awareness among health care 
providers and at-risk populations about pregnancy and 
breastfeeding information services; (2) grants for the 
provision of, or campaigns to increase awareness about, 
pregnancy and breastfeeding information services; and (3) 
grants for the conduct or support of surveillance of or 
research on maternal exposures and maternal health conditions 
that may influence the risk of adverse pregnancy outcomes and 
maternal exposures that may influence health risks to a 
breastfed infant, or of networking to facilitate such 
surveillance or research.
    H.R. 5462 would authorize $5 million for fiscal year 2011; 
$6 million for fiscal year 2012; $7 million for fiscal year 
2013; $8 million for fiscal year 2014; and $9 million for 
fiscal year 2015 to carry out these activities.

Legislative History

    On May 28, 2010, H.R. 5462 was introduced in the House by 
Rep. DeLauro of Connecticut and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on June 8, 2010.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 5462.
    On September 16, 2010, the Subcommittee on Health met in an 
open markup session on H.R. 5462 and favorably forwarded the 
bill to the full Committee, amended, by a voice vote.
    On September 23, the Committee on Energy and Commerce met 
in open markup session on H.R. 5462 and was ordered favorably 
reported, as amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 5462 (H. Rept. 111-642).
    On September 30, 2010, the House passed H.R. 5462, as 
amended, under suspension of the rules, by a voice vote.
    On November 15, 2010, the Senate received H.R. 5462 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 5462 in the 111th 
Congress.

       NATIONAL ALL SCHEDULES PRESCRIPTION ELECTRONIC REPORTING 
                      REAUTHORIZATION ACT OF 2010

                              (H.R. 5710)

    To amend and reauthorize the controlled substance 
monitoring program under section 399O of the Public Health 
Service Act.

Summary

    The National All Schedules Prescription Electronic 
Reporting Act (NASPER), enacted in 2005, created a grant 
program within HHS and administered by SAMHSA for states to 
establish prescription drug monitoring programs (PDMPs). PDMPs 
track drug prescriptions with the goal of preventing overuse 
and illegal diversion.
    H.R. 5710, the National All Schedules Prescription 
Electronic Reporting Reauthorization Act of 2010, would 
reauthorize NASPER and provide funds to states to establish, 
improve, and maintain PDMPs. It would ensure that appropriate 
law enforcement, regulatory, and state professional licensing 
authorities have access to prescription history information for 
the purposes of investigating drug diversion and errant 
prescriber/pharmacist prescribing and dispensing practices. 
Under current law, states adjacent to other states with NASPER 
grants must submit a plan for interoperability among the 
states' systems. H.R. 5710 would specify that state 
interoperability plans must include timelines for 
implementation, and would direct HHS to monitor such efforts. 
The legislation would authorize $15 million for fiscal year 
2011 and $10 million for fiscal years 2012 and 2013.

Legislative History

    On July 1, 2010, H.R. 5710 was introduced in the House by 
Rep. Whitfield of Kentucky and referred to the Committee on 
Energy and Commerce. H.R. 5710 was referred to the Subcommittee 
on Health on July 13, 2010.
    On July 22, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 5710. That same day, the 
Subcommittee on Health met in open markup session on H.R. 5710 
and favorably forwarded the bill to the full Committee, 
amended, by a voice vote.
    On July 28, 2010, the Committee on Energy and Commerce met 
in open markup session on H.R. 5710 and ordered the bill 
favorably reported to the House, as amended, by a voice vote.
    On September 22, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 5710 (H. Rept. 111-616).
    On September 23, 2010, the House passed H.R. 5710, as 
amended, under suspension of the rules, by a rollcall vote of 
384-32.
    On September 24, 2010, the Senate received H.R. 5710 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 5710 in the 111th 
Congress.

 TRAINING AND RESEARCH FOR AUTISM IMPROVEMENTS NATIONWIDE ACT OF 2010 
                        (``TRAIN ACT OF 2010'')

                              (H.R. 5756)

    To amend subtitle D of title I of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 to 
provide grants and technical assistance to University Centers 
for Excellence in Developmental Disabilities Education, 
Research, and Service to improve services rendered to children 
and adults on the autism spectrum, and their families.

Summary

    H.R. 5756, Training and Research for Autism Improvements 
Nationwide Act of 2010, would amend title I of the 
Developmental Disabilities Assistance and Bill of Rights Act of 
2000 to require the Secretary of HHS to award grants to provide 
individuals (including parents and health, allied health, 
vocational, and educational professionals) with 
interdisciplinary training, continuing education, technical 
assistance, and information to improve services rendered to 
children and adults with autism and their families. Funding is 
authorized at $17 million for each of fiscal years 2012 through 
2016.
    The bill would also require the Secretary of HHS to award 
grants to institutions of higher education to establish up to 
four new University Centers for Excellence in Developmental 
Disabilities Education, Research, and Service (UCEDD). Priority 
would be given to applicants that demonstrate collaboration 
with minority institutions. Funding would be authorized at $2 
million for each of fiscal years 2012 through 2016.

Legislative History

    On July 15, 2010, H.R. 5756 was introduced in the House by 
Rep. Doyle of Pennsylvania and referred to the Committee on 
Energy and Commerce. The bill was referred to the Subcommittee 
on Health on July 19, 2010.
    On July 22, 2010, the Subcommittee on Health met in an open 
markup session on H.R. 5756, and favorably forwarded the bill 
to the full Committee, amended, by a voice vote.
    On July 28, 2010, the Committee on Energy and Commerce met 
in open markup session on H.R. 5756 and ordered the bill 
favorably reported to the House, amended, by a voice vote.
    On September 22, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 5756 (H. Rept. 111-617).
    On September 23, 2010, the House passed H.R. 5756, under 
suspension of the rules, as amended, by a rollcall vote of 393-
24.
    On September 24, 2010, the Senate received H.R. 5756 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 5756 in the 111th 
Congress, although provisions of the legislation were included 
in the House-passed health reform bill (H.R. 3962).

       NEGLECTED INFECTIONS OF IMPOVERISHED AMERICANS ACT OF 2010

                              (H.R. 5986)

    To require the submission of a report to Congress on 
parasitic diseases among poor Americans.

Summary

    H.R. 5986, the Neglected Infections of Impoverished 
Americans Act of 2010, would require the Secretary of HHS to 
report to Congress on the epidemiology and impact of neglected 
infectious diseases of poverty in the United States. Such 
diseases include Chaga's disease, cysticercosis, toxocariasis, 
toxoplasmosis, trichomoniasis, the soil-transmitted helminths, 
and other related diseases. H.R. 5986 would require the report 
to provide the information necessary to guide future health 
policy to accurately evaluate the current state of knowledge 
concerning such diseases and define gaps in such knowledge, and 
to address the threat of such diseases. The bill would require 
the Secretary to appropriate funding required to address these 
neglected diseases of poverty.

Legislative History

    On July 30, 2010, H.R. 5986 was introduced in the House by 
Rep. Johnson of Georgia and referred to the Committee on Energy 
and Commerce. The bill was referred to the Subcommittee on 
Health on August 9, 2010.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 5986.
    On September 16, 2010, the Subcommittee on Health met in an 
open markup session on H.R. 5986 and favorably forwarded the 
bill to the full Committee by a voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session on H.R. 5986 and ordered the bill 
favorably reported to the House by a voice vote.
    On September 28, 2010, the House passed H.R. 5986, under 
suspension of the rules, by a voice vote.
    On September 29, 2010, the Senate received H.R. 5986 and 
referred the bill to the Senate Committee on Health, Education, 
Labor, and Pensions.
    No further action was taken on H.R. 5986 in the 111th 
Congress, although provisions of the legislation were included 
in the House-passed health reform bill (H.R. 3962).

    TO DIRECT THE SECRETARY OF HEALTH AND HUMAN SERVICES TO REVIEW 
UTILIZATION OF DIABETES SCREENING BENEFITS AND MAKE RECOMMENDATIONS ON 
            OUTREACH PROGRAMS WITH RESPECT TO SUCH BENEFITS

                              (H.R. 6012)

    To direct the Secretary of Health and Human Services to 
review utilization of diabetes screening benefits, and make 
recommendations on outreach programs with respect to such 
benefits.

Summary

    H.R. 6012 would require the Secretary of HHS to review the 
utilization of diabetes screening benefits and identify 
existing efforts by HHS agencies, and private and non-profit 
sectors, to increase awareness of diabetes screening benefits. 
An annual report to Congress on these activities would be 
required.

Legislative History

    On July 30, 2010, H.R. 6012 was introduced in the House by 
Rep. Space of Ohio and referred to the Committee on Energy and 
Commerce. The bill was referred to the Subcommittee on Health 
on August 9, 2010.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 6012.
    On September 16, 2010, the Subcommittee on Health met in 
open markup session on H.R. 6012 and favorably forwarded the 
bill to the full Committee, amended, by a voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session on H.R. 6012 and ordered the bill 
favorably reported to the House, as amended, by a voice vote.
    On September 28, 2010, the House passed H.R. 6012, as 
amended, under suspension of the rules, by a voice vote.
    On September 29, 2010, the Senate received H.R. 6012 with 
the House amendment and referred the bill to the Senate 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 6012 in the 111th 
Congress.

     STEM CELL THERAPEUTIC AND RESEARCH REAUTHORIZATION ACT OF 2010

                Public Law 111-264 (H.R. 6081, S. 3751)

    To amend the Stem Cell Therapeutic and Research Act of 
2005.

Summary

    H.R. 6081, the Stem Cell Therapeutic and Research 
Reauthorization Act of 2010, would reauthorize the C.W. Bill 
Young Cell Transplantation Program which includes the National 
Registry for adult donors of bone marrow, peripheral blood 
adult stem cells, and umbilical cord blood units, the Office of 
Patient Advocacy, and the stem cell therapeutic outcomes 
database. The legislation would authorize $30 million for each 
of fiscal years 2011 through 2014 and $33 million for fiscal 
year 2015 to support these activities. It would also 
reauthorize the National Cord Blood Inventory (NCBI), a program 
that provides grants to public cord blood banks to assist them 
in collecting donated cord blood units that are then listed on 
the National Registry. The bill would authorize $23 million for 
each of fiscal years 2011 through 2014 and $20 million for 
fiscal year 2015 for the NCBI.

Legislative History

    On August 9, 2010, H.R. 6081 was introduced in the House by 
Rep. Young of Florida and referred to the Committee on Energy 
and Commerce. The bill was referred to the Subcommittee on 
Health on August 10, 2010.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 6081.
    On September 16, 2010, the Subcommittee on Health met in 
open markup session on H.R. 6081 and favorably forwarded the 
bill to the full Committee, amended, by a voice vote.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session on H.R. 6081 and ordered the bill 
favorably reported to the House, amended, by a voice vote.
    On September 28, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 6081 (H. Rept. 111-643).
    No further action was taken on H.R. 6081 in the 111th 
Congress, as the House took up the Senate-passed companion 
bill, S. 3751.
    On August 5, 2010, S. 3751, the Stem Cell Therapeutic and 
Research Reauthorization Act of 2010 (companion legislation to 
H.R. 6081) was introduced in the Senate by Sen. Hatch of Utah 
and referred to the Committee on Health, Education, Labor, and 
Pensions.
    On September 23, 2010, the Committee on the Health, 
Education, Labor, and Pensions met in open markup session, and 
S. 3751 was ordered favorably reported, amended, to the Senate.
    On September 28, 2010, the Senate passed S. 3751 with an 
amendment by unanimous consent.
    On September 30, 2010, the House passed S. 3751, as amended 
by the Senate, under suspension of the rules by a voice vote, 
clearing the measure for the White House.
    On October 8, 2010, S. 3751 was signed into law by the 
President and became Public Law 111-264.

             HEALTH DATA COLLECTION IMPROVEMENT ACT OF 2010

                              (H.R. 6109)

    To amend the Public Health Service Act to require the 
Secretary of Health and Human Services to ensure the voluntary 
collection of data on the sexual orientation and gender 
identity of individuals participating in appropriate federal 
health programs and surveys.

Summary

    H.R. 6109, the Health Data Collection Improvement Act of 
2010, would amend the Public Health Service Act to provide for 
the voluntary collection of data on sexual orientation and 
gender identity, as appropriate and practicable, in programs 
and surveys supported by the Department of Health and Human 
Services. It would require the HHS Secretary to develop 
standards for the development of questions and the appropriate 
and confidential collection of such information. It would also 
direct that this information be analyzed to assess disparities 
in health status and access to health care.

Legislative History

    On September 14, 2010, H.R. 6109 was introduced in the 
House by Rep. Baldwin of Wisconsin and referred to the 
Committee on Energy and Commerce, and on the same day to the 
Subcommittee on Health.
    On September 15, 2010, the Subcommittee held a legislative 
hearing on H.R. 6109.
    On September 16, 2010, the Subcommittee on Health met in an 
open markup session to consider H.R. 6109. The Subcommittee 
favorably forwarded H.R. 6109 to the full Committee, amended, 
by a rollcall vote of 12-10.
    There was no further action taken on H.R. 6109 in the 111th 
Congress, although provisions of the legislation were included 
in the House-passed health reform bill (H.R. 3962).

            TELEHEALTH IMPROVEMENT AND EXPANSION ACT OF 2010

                              (H.R. 6110)

    To amend the Public Health Service Act to reauthorize 
telehealth and telemedicine grant programs.

Summary

    H.R. 6110, the Telehealth Improvement and Expansion Act of 
2010, would amend the Public Health Service Act to reauthorize 
three telehealth programs administered by HRSA, including the 
telehealth network program, the telehealth resource center 
program, and incentive grants to coordinate telemedicine 
activities among the states. The bill would revise the 
requirements for funding priorities within both the telehealth 
network and telehealth resource center programs. It would 
authorize each of the three programs at $10 million for each of 
fiscal years 2012 through 2016.

Legislative History

    On September 14, 2010, H.R. 6110 was introduced in the 
House by Rep. Butterfield of North Carolina and referred to the 
Committee on Energy and Commerce. The bill was referred to the 
Subcommittee on Health on September 15, 2010.
    On September 15, 2010, the Subcommittee on Health held a 
legislative hearing to consider H.R. 6110.
    No further action was taken on H.R. 6110 in the 111th 
Congress, although provisions of the legislation were included 
in the House-passed health reform bill (H.R. 3962).

  SUPPORTING THE GOALS AND IDEALS OF MULTIPLE SCLEROSIS AWARENESS WEEK

                           (H. Con. Res. 14)


Summary

    H. Con. Res. 14 expresses support for the goals and ideals 
of Multiple Sclerosis Awareness Week.

Legislative History

    On January 8, 2009, H. Con. Res. 14 was introduced in the 
House by Rep. Lee of California and referred to the Committee 
on Energy and Commerce.
    On March 5, 2009, H. Con. Res. 14 passed the House, under 
suspension of the rules, by a rollcall vote of 416-0.
    On March 6, 2009, the Senate received H. Con. Res. 14 and 
referred the resolution to the Senate Committee on Health, 
Education, Labor, and Pensions.
    No further action was taken on H. Con. Res. 14 in the 111th 
Congress.
    On March 2, 2009, S. Con. Res. 9, a Concurrent Resolution 
Supporting the Goals and Ideals of Multiple Sclerosis Awareness 
Week (companion legislation to H. Con. Res. 14) was introduced 
in the Senate by Sen. Casey of Pennsylvania. That same day S. 
Con. Res. 9 passed the Senate by unanimous consent.
    On March 3, 2009, S. Con. Res. 9 was referred to the House 
Committee on Energy and Commerce.
    No further action was taken on S. Con. Res. 9 in the 111th 
Congress.

     SUPPORTING THE OBSERVANCE OF COLORECTAL CANCER AWARENESS MONTH

                           (H. Con. Res. 60)


Summary

    H. Con. Res. 60 expresses support for the observance of 
Colorectal Cancer Awareness Month.

Legislative History

    On February 25, 2009, H. Con. Res. 60 was introduced in the 
House by Rep. Granger of Texas and referred to the Committee on 
Energy and Commerce.
    On March 30, 2009, the House passed H. Con. Res. 60, under 
suspension of the rules, by a voice vote.
    On March 31, 2009, the Senate received H. Con. Res. 60 and 
the resolution was referred to the Senate Committee on Health, 
Education, Labor, and Pensions.
    No further action was taken on H. Con. Res. 60 in the 111th 
Congress.

 HONORING THE 20TH ANNIVERSARY OF THE SUSAN G. KOMEN RACE FOR THE CURE 
IN THE NATION'S CAPITAL AND ITS TRANSITION TO THE SUSAN G. KOMEN GLOBAL 
                   RACE FOR THE CURE ON JUNE 6, 2009

                           (H. Con. Res. 109)


Summary

    H. Con. Res. 109 honors the 20th anniversary of the Susan 
G. Komen Global Race for the Cure, an event to raise funds for 
research and education on breast cancer.

Legislative History

    On April 27, 2009, H. Con. Res. 109 was introduced in the 
House by Rep. Connolly of Virginia and referred to the 
Committee on Energy and Commerce.
    On June 3, 2009, H. Con. Res. 109 passed the House, under 
suspension of the rules, by a rollcall vote of 417-0.
    On June 8, 2009, the Senate passed H. Con. Res. 109 by 
unanimous consent.

    SUPPORTING THE GOALS AND IDEALS OF NATIONAL WOMEN'S HEALTH WEEK

                           (H. Con. Res. 120)


Summary

    H. Con. Res. 120 expresses support for the goals and ideals 
of National Women's Health Week.

Legislative History

    On May 6, 2009, H. Con. Res. 120 was introduced in the 
House by Rep. Hinchey of New York and referred to the Committee 
on Energy and Commerce.
    On May 19, 2009, H. Con. Res. 120 passed the House, under 
suspension of the rules, by a voice vote.
    On May 20, 2009, H. Con. Res. 120 was received in the 
Senate and referred to the Committee on Health, Education, 
Labor, and Pensions.
    No further action was taken on H. Con. Res. 120 in the 
111th Congress.

  EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT CONGRESS 
SHOULD PROVIDE INCREASED FEDERAL FUNDING FOR CONTINUED TYPE 1 DIABETES 
                                RESEARCH

                              (H. Res. 35)


Summary

    H. Res. 35 calls for an increase in federal funding for 
research on type 1 diabetes at the National Institutes of 
Health.

Legislative History

    On January, 8, 2009, H. Res. 35 was introduced in the House 
by Rep. Gene Green of Texas and referred to the Committee on 
Energy and Commerce.
    On December 10, 2009, H. Res. 35 passed the House, under 
suspension of the rules, by a voice vote.

   EXPRESSING SUPPORT FOR THE DESIGNATION OF A NATIONAL PRADER-WILLI 
                        SYNDROME AWARENESS MONTH

                              (H. Res. 55)


Summary

    H. Res. 55 expresses support for the designation of a 
National Prader-Willi Syndrome Awareness Month and for 
increased funding into the causes, treatment, and cure for 
Prader-Willi syndrome.

Legislative History

    On January 13, 2009, H. Res. 55 was introduced in the House 
by Rep. Royce of California and referred to the Committee on 
Energy and Commerce.
    On December 10, 2009, H. Res. 55 passed the House, under 
suspension of the rules, by a voice vote.

 RECOGNIZING THE NEED TO CONTINUE RESEARCH INTO THE CAUSES, TREATMENT, 
              EDUCATION, AND AN EVENTUAL CURE FOR DIABETES

                              (H. Res. 69)


Summary

    H. Res. 69 commends hospitals, community clinics, 
educational institutes, and other organizations that are 
working to increase diabetes awareness, and conducting research 
for methods to help patients and families in the Latino 
community suffering from diabetes. H. Res. 69 also recognizes 
the work of the Latino Diabetes Association, and expresses the 
support for the designation of Latino Diabetes Awareness Month.

Legislative History

    On January 15, 2009, H. Res. 69 was introduced in the House 
by Rep. Baca of California and referred to the Committee on 
Energy and Commerce.
    On July 22, 2009, H. Res. 69 passed the House, under 
suspension of the rules, by a rollcall vote of 420-0.

     RECOGNIZING NATIONAL NURSES WEEK ON MAY 6 THROUGH MAY 12, 2009

                             (H. Res. 192)


Summary

    H. Res. 192 expresses support for the goals and ideals of 
National Nurses Week.

Legislative History

    On February 25, 2009, H. Res. 192 was introduced in the 
House by Rep. Eddie Bernice Johnson of Texas and referred to 
the Committee on Energy and Commerce.
    On May 12, 2009, H. Res. 192 passed the House, under 
suspension of the rules, by a voice vote.

 CONGRATULATING THE AMERICAN DENTAL ASSOCIATION FOR ITS 150TH YEAR OF 
 WORKING TO IMPROVE THE PUBLIC'S ORAL HEALTH AND PROMOTING DENTISTRY, 
 SUPPORTING INITIATIVES TO IMPROVE ACCESS TO ORAL HEALTH CARE SERVICES 
   FOR ALL AMERICANS, AND EMPHASIZING THE BENEFITS OF PREVENTION OF 
    DISEASE THROUGH SUPPORT OF COMMUNITY PREVENTION INITIATIVES AND 
                     PROMOTION OF GOOD ORAL HYGIENE

                             (H. Res. 204)


Summary

    H. Res. 204 congratulates the American Dental Association 
for its 150th anniversary and commends the work of oral heath 
practitioners.

Legislative History

    On May 3, 2009, H. Res. 204 was introduced in the House by 
Rep. Simpson of Idaho and referred to the Committee on Energy 
and Commerce.
    On May 15, 2009, H. Res. 204 passed the House, under 
suspension of the rules, by a rollcall vote of 424-0.

   SUPPORTING EFFORTS TO REDUCE INFANT MORTALITY IN THE UNITED STATES

                             (H. Res. 260)


Summary

    H. Res. 260 expresses support for efforts to understand 
racial disparities and the rate of infant mortality in the 
United States in order to lower such rates.

Legislative History

    On March 18, 2009, H. Res. 260 was introduced in the House 
by Rep. Cohen of Tennessee and referred to the Committee on 
Energy and Commerce.
    On September 16, 2009, H. Res. 260 passed the House, under 
suspension of the rules, by a rollcall vote of 415-0.

EXPRESSING SUPPORT FOR DESIGNATION OF MARCH AS NATIONAL NUTRITION MONTH

                             (H. Res. 274)


Summary

    H. Res. 274 expresses support for the designation of, and 
the goals and ideals of, National Nutrition Month.

Legislative History

    On March 23, 2009, H. Res. 274 was introduced in the House 
by Rep. Castor of Florida and referred to the Committee on 
Energy and Commerce.
    On February 23, 2010, H. Res. 274 passed the House, under 
suspension of the rules, by a voice vote.

 RECOGNIZING THE 40TH ANNIVERSARY OF THE NATIONAL EYE INSTITUTE (NEI) 
  AND EXPRESSING SUPPORT FOR DESIGNATION OF 2010 THROUGH 2020 AS THE 
                            DECADE OF VISION

                             (H. Res. 366)


Summary

    H. Res. 366 recognizes the 40th anniversary of the National 
Eye Institute and expresses support for the designation of the 
Decade of Vision to maintain a sustained awareness of the 
public health challenges associated with vision impairment and 
eye disease.

Legislative History

    On April 27, 2009, H. Res. 366 was introduced in the House 
by Rep. Baldwin of Wisconsin and referred to the Committee on 
Energy and Commerce.
    On June 16, 2009, H. Res. 366 passed the House, under 
suspension of the rules, by a rollcall vote of 411-0.

   EXPRESSING SUPPORT FOR DESIGNATION OF MAY AS NATIONAL ASTHMA AND 
                        ALLERGY AWARENESS MONTH

                             (H. Res. 407)


Summary

    H. Res. 407 expresses support for the designation of 
National Asthma and Allergy Awareness Month, and encourages 
awareness about the prevalence of asthma and allergies and the 
disparities in asthma cases based on race, ethnicity, and 
socioeconomic status.

Legislative History

    On May 6, 2009, H. Res. 407 was introduced in the House by 
Rep. Castor of Florida and referred to the Committee on Energy 
and Commerce.
    On May 28, 2009, H. Res. 407, as amended, passed the House, 
under suspension of the rules, by a voice vote.

         SUPPORTING THE GOALS AND IDEALS OF MENTAL HEALTH MONTH

                             (H. Res. 437)


Summary

    H. Res. 437 expresses support for the goals and ideals of 
Mental Health Month.

Legislative History

    On May 14, 2009, H. Res. 437 was introduced in the House by 
Rep. Napolitano of California and referred to the Committee on 
Energy and Commerce.
    On June 3, 2009, H. Res. 437, as amended, passed the House, 
under suspension of the rules, by a voice vote.

    EXPRESSING SUPPORT FOR DESIGNATION OF JUNE AS HOME SAFETY MONTH

                             (H. Res. 543)


Summary

    H. Res. 543 supports the designation of Home Safety Month 
to encourage adults, parents, and caregivers to take greater 
actions to reduce unintentional injuries and educate themselves 
on the importance of home safety.

Legislative History

    On June 12, 2009, H. Res. 543 was introduced in the House 
by Rep. Halvorson of Illinois and referred to the Committee on 
Energy and Commerce.
    On July 16, 2009, H. Res. 543 passed the House, under 
suspension of the rules, by a rollcall vote of 416-9.

       SUPPORTING THE GOALS AND IDEALS OF FRAGILE X AWARENESS DAY

                             (H. Res. 611)


Summary

    H. Res. 611 expresses support for the goals and ideals of 
Fragile X Awareness Day.

Legislative History

    On July 7, 2009, H. Res. 611 was introduced in the House by 
Rep. Hare of Illinois and referred to the Committee on Energy 
and Commerce.
    On July 21, 2010, H. Res. 611, as amended, passed the 
House, under suspension of the rules, by a voice vote.

      SUPPORTING THE GOALS AND IDEALS OF TAY-SACHS AWARENESS MONTH

                             (H. Res. 692)


Summary

    H. Res. 692 expresses support for the goals and ideals of 
Tay-Sachs Awareness Month.

Legislative History

    On July 29, 2009, H. Res. 692 was introduced in the House 
by Rep. Arcuri of New York and referred to the Committee on 
Energy and Commerce.
    On September 30, 2009, H. Res. 692 passed the House, under 
suspension of the rules, as amended, by a rollcall vote of 415-
0.

  EXPRESSING SUPPORT FOR DESIGNATION OF OCTOBER 13, 2009, AS NATIONAL 
                 METASTATIC BREAST CANCER AWARENESS DAY

                             (H. Res. 787)


Summary

    H. Res. 787 expresses support for the designation of 
National Metastatic Breast Cancer Awareness Day.

Legislative History

    On September 30, 2009, H. Res. 787 was introduced in the 
House by Rep. DeLauro of Connecticut and referred to the 
Committee on Energy and Commerce.
    On October 28, 2009, H. Res. 787 passed the House, under 
suspension of the rules, by a voice vote.

          SUPPORTING THE OBSERVANCE OF NATIONAL DIABETES MONTH

                             (H. Res. 914)


Summary

    H. Res. 914 expresses support for the goals and ideals of 
National Diabetes Month.

Legislative History

    On November 18, 2009, H. Res. 914 was introduced in the 
House by Rep. DeGette of Colorado and referred to the Committee 
on Energy and Commerce.
    On November 19, 2009, H. Res. 914 passed the House by 
unanimous consent.

    EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING 
     GUIDELINES FOR BREAST CANCER SCREENING FOR WOMEN AGES 40 TO 49

                             (H. Res. 971)


Summary

    H. Res. 971 expresses the sense of the House of 
Representatives that: (1) the guidelines of the United States 
Preventive Services Task Force will not prohibit an insurer 
from providing coverage for mammography services in addition to 
those recommended by the Task Force and should not be used by 
insurers to deny coverage for services that are not recommended 
on a routine basis; and (2) the National Cancer Institute 
should continue to invest and provide leadership regarding 
research to develop more effective breast cancer screening 
tools and strategies.

Legislative History

    On December 15, 2009, H. Res. 971 was introduced in the 
House by Rep. Wasserman Schultz of Florida and referred to the 
Committee on Energy and Commerce.
    On December 15, 2009, H. Res. 971 passed the House, under 
suspension of the rules, by a rollcall vote of 426-0.

    EXPRESSING SUPPORT FOR THE DESIGNATION OF SEPTEMBER AS NATIONAL 
                   CHILDHOOD OBESITY AWARENESS MONTH

                             (H. Res. 996)


Summary

    Expresses support for the designation of National Childhood 
Obesity Awareness Month.

Legislative History

    On December 19, 2009, H. Res. 996 was introduced in the 
House by Rep. Fudge of Ohio and referred to the Committee on 
Energy and Commerce.
    On May 20, 2010, H. Res. 996, as amended, passed the House, 
under suspension of the rules, by a voice vote.

  EXPRESSING SUPPORT FOR THE DESIGNATION OF JANUARY 10, 2010, THROUGH 
        JANUARY 16, 2010, AS NATIONAL INFLUENZA VACCINATION WEEK

                             (H. Res. 1003)


Summary

    H. Res. 1003 expresses support for the designation of 
National Influenza Vaccination Week.

Legislative History

    On January 12, 2010, H. Res. 1003 was introduced in the 
House by Rep. Chu of California and referred to the Committee 
on Energy and Commerce.
    On January 26, 2010, H. Res. 1003, as amended, passed the 
House, under suspension of the rules, by a rollcall vote of 
398-2.

RECOGNIZING THE IMPORTANCE OF CERVICAL HEALTH AND OF DETECTING CERVICAL 
 CANCER DURING ITS EARLIEST STAGES AND SUPPORTING THE GOALS AND IDEALS 
                   OF CERVICAL HEALTH AWARENESS MONTH

                             (H. Res. 1011)


Summary

    H. Res. 1011 expresses support for the goals and ideals of 
Cervical Health Awareness Month.

Legislative History

    On January 13, 2010, H. Res. 1011 was introduced in the 
House by Rep. Halvorson of Illinois and referred to the 
Committee on Energy and Commerce.
    On January 26, 2010, H. Res. 1011 passed the House, under 
suspension of the rules, by a rollcall vote of 400-0.

  EXPRESSING SUPPORT FOR DESIGNATION OF APRIL 2010 AS NATIONAL AUTISM 
AWARENESS MONTH AND SUPPORTING EFFORTS TO DEVOTE RESOURCES TO RESEARCH 
  INTO THE CAUSES AND TREATMENT OF AUTISM AND TO IMPROVE TRAINING AND 
SUPPORT FOR INDIVIDUALS WITH AUTISM AND THOSE WHO CARE FOR INDIVIDUALS 
                              WITH AUTISM

                             (H. Res. 1033)


Summary

    H. Res. 1033 expresses support for the designation of a 
National Autism Awareness Month.

Legislative History

    On January 21, 2010, H. Res. 1033 was introduced in the 
House by Rep. Reichert of Washington and referred to the 
Committee on Energy and Commerce and in addition to the 
Committee on Education and Labor.
    On April 27, 2010, H. Res. 1033, as amended, passed the 
House, under suspension of the rules, by a voice vote.

  SUPPORTING THE GOALS AND IDEALS OF MULTIPLE SCLEROSIS AWARENESS WEEK

                             (H. Res. 1116)


Summary

    H. Res. 1116 expresses support for the goals and ideals of 
Multiple Sclerosis Awareness Week.

Legislative History

    On February 25, 2010, H. Res. 1116 was introduced in the 
House by Rep. Lee of California, and referred to the Committee 
on Energy and Commerce.
    On April 21, 2010, H. Res. 116 passed the House, under 
suspension of the rules, by a voice vote.

       COMMENDING THE PROGRESS MADE BY ANTI-TUBERCULOSIS PROGRAMS

                             (H. Res. 1155)


Summary

    H. Res. 1155 supports the goals of World TB Day to raise 
awareness about tuberculosis, and reaffirms the commitment of 
the House of Representatives to global tuberculosis control 
through the Lantos-Hyde U.S. Leadership Against HIV/AIDS, 
Tuberculosis and Malaria Act of 2008.

Legislative History

    On March 10, 2010, H. Res. 1155 was introduced in the House 
by Rep. Engel of New York and referred to the Committee on 
Foreign Affairs, and in addition to the Committee on Energy and 
Commerce.
    On May 12, 2010, H. Res. 1155, as amended, passed the 
House, under suspension of the rules, by a voice vote.

     COMMENDING EYECARE AMERICA FOR ITS WORK OVER THE LAST 25 YEARS

                             (H. Res. 1226)


Summary

    H. Res. 1226 commends EyeCare America for its work over the 
last 25 years.

Legislative History

    On March 25, 2010, H. Res. 1226 was introduced in the House 
by Rep. Gene Green of Texas and referred to the Committee on 
Energy and Commerce.
    On September 28, 2010, H. Res. 1226, as amended, passed the 
House, under suspension of the rules, by a voice vote.

 EXPRESSING SUPPORT FOR DESIGNATION OF MAY 2010 AS MENTAL HEALTH MONTH

                             (H. Res. 1258)


Summary

    H. Res. 1258 expresses support for the designation of 
Mental Health Month.

Legislative History

    On April 15, 2010, H. Res. 1258 was introduced in the House 
by Rep. Napolitano of California and referred to the Committee 
on Energy and Commerce.
    On May 25, 2010, H. Res. 1258, as amended, passed the 
House, under suspension of the rules, by a rollcall vote of 
414-1.

   EXPRESSING SUPPORT FOR THE DESIGNATION OF SEPTEMBER 2010 AS BLOOD 
                         CANCER AWARENESS MONTH

                             (H. Res. 1433)


Summary

    H. Res. 1433 expresses support for the designation of Blood 
Cancer Awareness Month.

Legislative History

    On June 10, 2010, H. Res. 1433 was introduced in the House 
by Rep. Jones of North Carolina and referred to the Committee 
on Energy and Commerce.
    On September 22, 2010, H. Res. 1433, as amended, passed the 
House, under suspension of the rules, by a voice vote.

   EXPRESSING SUPPORT FOR DESIGNATION OF SEPTEMBER 2010 AS NATIONAL 
                    PROSTATE CANCER AWARENESS MONTH

                             (H. Res. 1485)


Summary

    H. Res. 1485 expresses support for the designation of 
National Prostate Cancer Awareness Month.

Legislative History

    On June 29, 2010, H. Res. 1485 was introduced in the House 
by Rep. Neugebauer of Texas and referred to the Committee on 
Energy and Commerce.
    On September 28, 2010, H. Res. 1485 passed the House, under 
suspension of the rules, by a voice vote.

 HONORING THE ACHIEVEMENTS OF DR. ROBERT M. CAMPBELL, JR., TO PROVIDE 
                 CHILDREN WITH LIFESAVING MEDICAL CARE

                             (H. Res. 1499)


Summary

    H. Res. 1499 honors Dr. Robert Campbell for his lifelong 
devotion to children's health care and congratulates Dr. 
Campbell and his colleagues on their extraordinary achievement 
in pediatric and orthopedic innovation.

Legislative History

    On July 1, 2010, H. Res. 1499 was introduced in the House 
by Rep. Wasserman Schultz of Florida and referred to the 
Committee on Energy and Commerce.
    On July 18, 2010, H. Res. 1499, as amended, passed the 
House, under suspension of the rules, by a voice vote.

 RECOGNIZING AND HONORING THE 20TH ANNIVERSARY OF THE ENACTMENT OF THE 
                AMERICANS WITH DISABILITIES ACT OF 1990

                             (H. Res. 1504)


Summary

    H. Res. 1504 recognizes the 20th anniversary of the 
enactment of the Americans with Disabilities Act of 1990.

Legislative History

    On July 1, 2010, H. Res. 1504 was introduced in the House 
by Rep. Hoyer of Maryland and referred to the Committee on 
Education and Labor, and in addition to the Committee on Energy 
and Commerce, the Committee on Transportation and 
Infrastructure, and the Committee on the Judiciary.
    On July 26, 2010, H. Res. 1504, as amended, passed the 
House, under suspension of the rules, by a rollcall vote of 
377-0.

SUPPORTING THE CRITICAL ROLE OF THE PHYSICIAN ASSISTANT PROFESSION AND 
  SUPPORTING THE GOALS AND IDEALS OF NATIONAL PHYSICAL ASSISTANT WEEK

                             (H. Res. 1600)


Summary

    H. Res. 1600 expresses support for the goals and ideals of 
National Physician Assistant Week.

Legislative History

    On July 30, 2010, H. Res. 1600 was introduced in the House 
by Rep. McCollum of Minnesota and referred to the Committee on 
Energy and Commerce.
    On December 15, 2010, H. Res. 1600, as amended, passed the 
House, under suspension of the rules, by a voice vote.

          SUPPORTING THE OBSERVANCE OF AMERICAN DIABETES MONTH

                             (H. Res. 1690)


Summary

    H. Res. 1690 expresses support for the goals and ideals of 
American Diabetes Month.

Legislative History

    On September 29, 2010, H. Res. 1690 was introduced in the 
House by Rep. DeGette of Colorado and referred to the Committee 
on Energy and Commerce.
    On November 30, 2010, H. Res. 1690 passed the House, as 
amended, under suspension of the rules, by a voice vote.

  REQUESTING THE PRESIDENT, AND DIRECTING THE SECRETARY OF HEALTH AND 
 HUMAN SERVICES, TO TRANSMIT TO THE HOUSE OF REPRESENTATIVES COPIES OF 
DOCUMENTS, RECORDS, AND COMMUNICATIONS IN THEIR POSSESSION RELATING TO 
            CERTAIN AGREEMENTS REGARDING HEALTH CARE REFORM

                             (H. Res. 983)


Summary

    H. Res. 983 is a resolution of inquiry requesting the 
President to transmit: (1) a list of all agreements entered 
into between any individuals associated with the White House 
and any health care reform stakeholders, as well as the 
substance of the agreements; (2) the names of individuals 
associated with the White House who participated in the 
decision-making process during negotiations over such 
agreements and the names, dates, and titles of meetings in 
which they participated relating to such agreements; and (3) 
the names of individuals or entities who requested and were 
denied a White House meeting on health care reform.

Legislative History

    On December 16, 2009, H. Res. 983 was introduced in the 
House by Rep. Burgess of Texas and referred to the Committee on 
Energy and Commerce.
    On January 28, 2010, the Committee on Energy and Commerce 
met in open markup session and H. Res. 983 was ordered reported 
without recommendation by a voice vote
    On January 29, 2010, the Committee on Energy and Commerce 
filed the House report on H. Res. 983 (H. Rept. 111-408).
    No further action was taken on H. Res. 983 in the 111th 
Congress.

                             Health Finance


                         Legislative Activities


    CHILDREN'S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2009

                       Public Law 111-3 (H.R. 2)

    To amend title XXI of the Social Security Act to extend and 
improve the Children's Health Insurance Program, and for other 
purposes.

Summary

    The Children's Health Insurance Program Reauthorization Act 
of 2009 reauthorizes the Children's Health Insurance Program 
(CHIP) through fiscal year 2013. CHIP provides health insurance 
coverage to uninsured children in low-income families. The law 
provides sufficient funds to enable states to maintain their 
current CHIP programs and to extend coverage to an additional 4 
million uninsured low-income children.
    The law provides performance bonus payments to states to 
cover enrollment costs resulting from specified enrollment and 
retention efforts. It establishes a child enrollment 
contingency fund to cover state CHIP expenditures beyond the 
amount allotted in statute for the reauthorization period of 
2009-2013. It provides additional funding for outreach and 
enrollment activities. It will also improve access to dental 
benefits and mental health benefits in CHIP plans.
    The law authorizes states to waive the restriction on 
providing Medicaid and CHIP coverage to certain legal 
immigrants before five years of residency and provides an 
alternative process for states to use in verifying citizenship 
when determining Medicaid eligibility.
    According to the Congressional Budget Office, the law as 
enacted will increase federal spending on health care for low-
income children by $73.8 billion over the periods of 2009-2019. 
It is fully paid for, largely through an increase in the excise 
tax on tobacco products, and will reduce the federal budget 
deficit by $1.0 billion over this 10-year period.

Legislative History

    On January 13, 2009, H.R. 2 was introduced in the House by 
Rep. Pallone of New Jersey and referred to the Committee on 
Energy and Commerce, and in addition to the Committee on Ways 
and Means and the Committee on Education and Labor.
    On January 14, 2009, H.R. 2 passed the House by a rollcall 
vote of 289-139.
    On January 29, 2009, H.R. 2 passed the Senate, as amended, 
by a rollcall vote of 66-32.
    On February 4, 2009, H.R. 2 passed the House, as amended, 
by a rollcall vote of 290-135. That same day, H.R. 2 was signed 
by the President and became Public Law 111-3.

               THE AMERICAN RECOVERY AND REINVESTMENT ACT

                  Public Law 111-5 (H.R. 1, H.R. 629)

    A legislative package to stimulate the economy through 
creation of jobs and promotion of investment.

Summary

    The American Recovery and Reinvestment Act of 2009 (ARRA) 
contains a broad range of appropriations, tax, unemployment, 
health, state fiscal relief, and other provisions designed to 
preserve and create jobs, promote economic recovery, assist 
those most affected by the recession, and provide investments 
in infrastructure and technological advances in science and 
health. According to the Congressional Budget Office, the law 
will increase federal spending for these purposes by $787 
billion over the period of 2009-2019. Three main provisions of 
the bill fall within the health jurisdiction of the Committee: 
premium assistance for COBRA continuation benefits (Title III 
of Division B), health information technology (Title IV of 
Division B), and temporary fiscal relief to state Medicaid 
programs (Title V of Division B).
    Under the Consolidated Omnibus Budget Reconciliation Act 
(COBRA), individuals who are involuntarily separated from their 
employment may elect to continue health coverage through the 
employer for up to 18 months by paying a monthly premium. Under 
ARRA, the federal government assumes 65% of the cost of these 
COBRA health insurance premiums for up to 9 months for 
individuals (other than those with high incomes) involuntarily 
separated during the period beginning September 1, 2008, and 
ending December 31, 2009. Eligible individuals make smaller 
payments of COBRA health insurance premiums to employers, and 
employers receive an equivalent credit to allow them to reduce 
their remittances of income and payroll tax withholding. The 
Congressional Budget Office estimates the cost of this 
provision as $25.1 billion over the period of 2009-2010, mostly 
in fiscal years 2009 and 2010.
    The law would establish payment incentives in the Medicare 
and Medicaid programs to encourage providers to adopt health 
information technology (HIT). Although adoption would be 
encouraged through financial incentives through Medicare and 
Medicaid, all health care spending, public and private, would 
be affected. The Congressional Budget Office expects that 
adoption of HIT on a nationwide basis would reduce total 
spending on health care by diminishing the number of 
inappropriate tests and procedures, reducing paperwork and 
administrative overhead, and decreasing the number of adverse 
events resulting from medical errors. According to the 
Congressional Budget Office the cost of the HIT provision, net 
of the savings to Medicare, Medicaid, and the Federal Employees 
Health Benefits programs and increased tax revenues, will be 
$20.8 billion over the 2009-2010 period.
    To assist states in maintaining their Medicaid programs in 
the face of increasing enrollment and declining revenues due to 
the recession, the law would increase the federal Medicaid 
matching rate (the federal medical assistance percentage or 
FMAP) for the period October 1, 2008, to December 31, 2010, in 
three ways. It would ensure that states do not experience a 
reduction in their FMAP under the regular formula. It would 
increase the FMAP rates for all states and the District of 
Columbia by 6.2 percentage points. And it would provide an 
additional increase in FMAP to states that experience at least 
a 1.5 percentage point increase in their unemployment rate 
based on a tiered formula that provides larger FMAP increases 
to states with larger increases in their unemployment rates. 
The Congressional Budget Office estimates that this provision 
would increase federal Medicaid outlays by $90.0 billion over 
the period of 2009-2019, mostly in fiscal years 2009 and 2010.

Legislative History

    On January 22, 2009, the Committee on Energy and Commerce 
met in open markup session to consider five committee prints of 
draft legislation on portions of the economic recovery package 
within the jurisdiction of the Committee. Following the 
approval of the committee prints relating to legislation on 
broadband, energy, and health, a unanimous consent request by 
Chairman Waxman was agreed to that all text after section 1 of 
H.R. 629, the Energy and Commerce Recovery and Reinvestment Act 
of 2009, be struck and replace with the text of the five 
committee prints approved by the Committee, as amended. H.R. 
629, as amended, was ordered favorably reported to the House.
    On January 26, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 625 (H. Rept. 111-7, Part 1). 
The legislative provision contained in this and other Committee 
reports became part of H.R. 1, the American Recovery and 
Reinvestment Act of 2009, which was introduced on January 26, 
2009.
    On January 28, 2009, H.R. 1 was considered by the House and 
passed by a rollcall vote of 244-188.
    On February 10, 2009, the Senate passed H.R. 1 with an 
amendment by a rollcall vote of 61-37. The Senate insisted upon 
their amendment, asked for a conference with the House, and 
appointed conferees: Inouye, Baucus, Reid, Cochran, and 
Grassley.
    The House agreed to a motion to disagree with the Senate 
amendment and agreed to a conference on February 10, 2009, by a 
rollcall vote of 403-0. The Speaker appointed the conferees 
from the House: Obey, Rangel, Waxman, Lewis of California, and 
Camp.
    On February 12, 2009, the conference report on H.R. 1 
(House Rept. 111-16) was filed in the House.
    On February 13, 2009, the House agreed to the conference 
report by a rollcall vote of 246-183. On the same day, the 
Senate agreed to the conference report by a rollcall vote of 
60-38, clearing the measure for the White House.
    On February 17, 2009, H.R. 1 was signed into law by the 
President and became Public Law 111-5.

 TO AMEND TITLE XVIII OF THE SOCIAL SECURITY ACT TO DELAY THE DATE ON 
WHICH THE ACCREDITATION REQUIREMENT UNDER THE MEDICARE PROGRAM APPLIES 
     TO SUPPLIERS OF DURABLE MEDICAL EQUIPMENT THAT ARE PHARMACIES

                     Public Law 111-72 (H.R. 3663)


Summary

    The law amends title XVIII (Medicare) of the Social 
Security Act to postpone until January 1, 2010, the effective 
date of the requirement that pharmacies, as suppliers of 
Medicare items and services (including durable medical 
equipment), must be accredited by an independent accreditation 
organization approved by the Secretary of the Department of 
Health and Human Services (HHS). It declares that nothing in 
this law shall be construed to affect the application of an 
accreditation requirement for pharmacies to qualify for bidding 
in a competitive acquisition area.

Legislative Activities

    On September 29, 2009, H.R. 3663 was introduced by Rep. 
Space of Ohio and referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Ways and Means.
    On September 30, 2009, H.R. 3663 passed the House, under 
suspension of the rules, by a voice vote.
    On October 5, 2009, H.R. 3663 passed the Senate by 
unanimous consent.
    On October 13, 2009, H.R. 3663 was signed by the President 
and became Public Law 111-72.

                    Medicare Sustainable Growth Rate


Public Law 111-117 (H.R. 3288); Public Law 111-144 (H.R. 4691); Public 
  Law 111-157 (H.R. 4851); Public Law 111-192 (H.R. 3962); Public Law 
          111-286 (H.R. 5712); Public Law 111-309 (H.R. 4994)

    Legislation affecting the sustainable growth rate mechanism 
governing the Medicare physician fee schedule established under 
section 1848 of the Social Security Act.

Summary

    Medicare payments for services of physicians and certain 
non-physician practitioners are made on the basis of a fee 
schedule. The law specifies an expenditure target, commonly 
referred to as the sustainable growth rate (SGR) system, for 
calculating the annual update to the fee schedule payment 
rates. When cumulative physician expenditures exceed the 
expenditure target, the SGR system reduces rates paid under the 
fee schedule to attempt to bring cumulative expenditures in 
line with the target.
    Reductions resulting from application of the SGR have been 
frequently overridden by legislation. Since the enactment of 
the Tax Relief and Health Care Act of 2006 (P.L. 109-432), the 
magnitude of reductions required by the SGR formula have 
increased dramatically. As of November, 2009, a 21% reduction 
in payment rates was scheduled for January 1, 2010. The 
physician payment system in Medicare has also been criticized 
for including items that are not reimbursed under the physician 
fee schedule, and for incentivizing the delivery of fragmented 
care instead of coordinated care.
    H.R. 3961, as introduced, addressed these shortcomings. It 
reset the SGR formula to eliminate reductions arising from 
spending over targets in the past. It set more realistic growth 
targets for physician spending, with a higher spending target 
for primary care services than allowed for all other services. 
The bill also removed services not included in the physician 
fee schedule from the formula, and incentivized the formation 
of accountable care organizations by allowing those groups to 
be paid according to their own spending target.
    The physician payment reforms contained in H.R. 3961 were 
not enacted into law. Instead, a series of short-term 
postponements of the payment reductions that would have 
occurred under the SGR formula have been enacted.
    The Consolidated Appropriations Act of 2010 (Public Law 
111-117) postponed the reductions in the physician fee schedule 
through February 2010.
    The Temporary Extension Act of 2010 (Public Law 111-144) 
postponed the reductions in the physician fee schedule through 
March 2010.
    The Continuing Extension Act of 2010 (Public Law 111-157) 
postponed the reductions in the physician fee schedule through 
May 2010.
    The Preservation of Access to Care for Medicare 
Beneficiaries and Pension Relief Act of 2010 (Public Law 111-
192) postponed the reductions in the physician fee schedule 
through November 2010.
    The Physician Payment and Therapy Relief Act of 2010 
(Public Law 111-286) postponed the reductions in the physician 
fee schedule through December 2010.
    The Medicare and Medicaid Extenders Act of 2010 (Public Law 
111-309) postponed the reductions through the calendar year 
2011.

Legislative History

    PUBLIC LAW 111-117--THE CONSOLIDATED APPROPRIATIONS ACT OF 2010

    On July 22, 2009, H.R. 3288 was introduced in the House by 
Rep. Olver of Massachusetts, and referred to the Committee on 
Appropriations.
    On July 23, 2009, H.R. 3288 passed the House, as amended, 
by a rollcall vote of 256-168.
    On July 27, 2009, H.R. 3288 was received in the Senate and 
referred to the Committee on Appropriations.
    On September 17, 2009, H.R. 3288 passed the Senate, as 
amended, by a rollcall vote of 73-25.
    On December 8, 2009, the House issued a conference report 
on H.R. 3288 (Rept. 111-366).
    On December 10, 2009, the House agreed to the conference 
report by a rollcall vote of 221-202.
    On December 13, 2009, the Senate agreed to the conference 
report by a rollcall vote of 57-35.
    On December 16, 2009, H.R. 3288 was signed by the President 
and became Public Law 111-117.

        PUBLIC LAW 111-144--THE TEMPORARY EXTENSION ACT OF 2010

    On February 25, 2010, H.R. 4691 was introduced in the House 
by Rep. Rangel of New York and referred to the Committee on 
Ways and Means, and in addition to the Committee on Energy and 
Commerce, the Committee on Education and Labor, the Committee 
on Transportation and Infrastructure, the Committee on 
Financial Services, the Committee on Small Business, the 
Committee on the Judiciary, and the Committee on the Budget. 
That same day, H.R. 4691 passed the House, under suspension of 
the rules, by a voice vote.
    On March 2, 2010, H.R. 4691 passed the Senate by a rollcall 
vote of 78-19. That same day, H.R. 4691 was signed by the 
President and became Public Law 111-144.

        PUBLIC LAW 111-157--THE CONTINUING EXTENSION ACT OF 2010

    On March 16, 2010, H.R. 4851 was introduced in the House by 
Rep. Levin of Michigan and referred to the Committee on Ways 
and Means, and in addition to the Committee on Energy and 
Commerce, the Committee on Education and Labor, the Committee 
on Financial Services, the Committee on the Judiciary, the 
Committee on Transportation and Infrastructure, and the 
Committee on Oversight and Government Reform.
    On March 17, 2010, H.R. 4851 passed the House, as amended, 
under suspension of the rules, by a voice vote.
    On April 15, 2010, H.R. 4851 passed the Senate, as amended, 
by a rollcall vote of 59-38, and passed the House, as amended, 
by a rollcall vote of 289-112. That same day, H.R. 4851 was 
signed by the President and became Public Law 111-157.

  PUBLIC LAW 111-192--THE PRESERVATION OF ACCESS TO CARE FOR MEDICARE 
              BENEFICIARIES AND PENSION RELIEF ACT OF 2010

    On October 29, 2009, H.R. 3962 was introduced in the House 
by Rep. Dingell of Michigan and referred to the Committee on 
Energy and Commerce, and in addition to the Committee on 
Education and Labor, the Committee on Ways and Means, the 
Committee on Oversight and Government Reform, the Committee on 
the Budget, the Committee on Rules, the Committee on Natural 
Resources, and the Committee on the Judiciary.
    On November 7, 2009, H.R. 3962 passed the House, as 
amended, by a rollcall vote of 220-215.
    On June 18, 2010, H.R. 3962 passed the Senate, as amended, 
by unanimous consent.
    On June 24, 2010, H.R. 3962 passed the House, as amended, 
under suspension of the rules, by a rollcall vote of 417-1.
    On June 25, 2010, H.R. 3962 was signed by the President and 
became Public Law 111-192.

  PUBLIC LAW 111-286--THE PHYSICIAN PAYMENT AND THERAPY RELIEF ACT OF 
                                  2010

    On July 13, 2010, H.R. 5712 was introduced in the House by 
Rep. Levin of Michigan, and referred to the Committee on Energy 
and Commerce, and in addition to the Committee on the Budget, 
and the Committee on Ways and Means.
    On July 14, 2010, H.R. 5712 passed the House, as amended, 
under suspension of the rules, by a voice vote.
    On November 18, 2010, H.R. 5712 passed the Senate, as 
amended, by unanimous consent.
    On November 29, 2010, H.R. 5712 passed the House, as 
amended, by a voice vote.
    On November 30, 2010, H.R. 5712 was signed by the President 
and became Public Law 111-286.

  PUBLIC LAW 111-309--THE MEDICARE AND MEDICAID EXTENDERS ACT OF 2010

    On April 13, 2010, H.R. 4994 was introduced in the House by 
Rep. Lewis of Georgia and referred to the Committee on Ways and 
Means, and in addition to the Committee on the Budget.
    On April 14, 2010, H.R. 4994 passed the House, as amended, 
under suspension of the rules, by a rollcall vote of 399-9.
    On April 15, 2010, H.R. 4994 was received in the Senate and 
referred to the Committee on Finance.
    On December 8, 2010, H.R. 4994 passed the Senate, as 
amended, by unanimous consent.
    On December 9, 2010, H.R. 4994 passed the House, as 
amended, under suspension of the rules, by a rollcall vote of 
409-2.
    On December 15, 2010, H.R. 4994 was signed into law by the 
President and became Public Law 111-309.

               PATIENT PROTECTION AND AFFORDABLE CARE ACT

          Public Law 111-148 (H.R. 3590, H.R. 3200, H.R. 3962)

    To amend the Social Security Act, the Public Health Service 
Act, the Internal Revenue Code, and the Employee Retirement 
Income Security Act to reform the nation's health care system.

Summary

    The nation's historic health reform legislation, now 
referred to as the Affordable Care Act (ACA), is the 
consolidation of the Patient Protection and Affordable Care Act 
(PPACA), P.L. 111-148, as amended by the Health Care and 
Education Reconciliation Act of 2010 (HCERA), P.L. 111-152.
    According to the Congressional Budget Office, there are 
about 50 million Americans without health insurance coverage, a 
number projected to grow to 54 million by 2019 in the absence 
of health reform. CBO estimates that the ACA will reduce the 
number of Americans without health insurance coverage by 32 
million by 2019, increasing the percentage of insured non-
elderly Americans from 83% to 94%. The ACA accomplishes this by 
establishing a mandate for most residents of the United States 
to obtain health insurance; setting up insurance exchanges 
through which certain individuals and families can receive 
federal subsidies to substantially reduce the cost of 
purchasing that coverage; and significantly expanding 
eligibility for Medicaid.
    The cost of the ACA's coverage expansion over the period of 
2010-2019 ($788 billion) is offset by savings resulting from 
changes to Medicare, Medicaid, and other federal health 
programs ($511 billion) and increases in revenues ($420 
billion). As a result, CBO and the Joint Committee on Taxation 
estimate that the ACA will reduce federal budget deficits by 
$143 billion over the period of 2010-2019. CBO projects that 
over the decade following 2019, the ACA will reduce federal 
budget deficits by around one-half percent of GDP.
    The Patient Protection and Affordable Care Act (PPACA), as 
enacted, contains numerous provisions relating to insurance 
coverage. Starting in 2014, the law establishes a requirement 
for legal U.S. residents to obtain insurance and, in many 
cases, imposes a tax penalty on individuals who do not do so. 
To ensure that individuals have an opportunity to obtain 
insurance, regardless of health status, the law also 
establishes new insurance exchanges and subsidizes the purchase 
of health insurance through those exchanges for individuals and 
families with income between 133% and 400% of the federal 
poverty level (FPL). The options available in the insurance 
exchanges include private health insurance plans and could 
include two national or multi-state plans operated under 
contract with the Office of Personnel Management. Participating 
insurers will have to accept all applicants, may not limit 
coverage for preexisting medical conditions, and may not vary 
premiums to reflect differences in enrollees' health.
    Also starting in 2014, most nonelderly people with income 
below 133% of the FPL will be eligible for Medicaid. The 
federal government will pay all of the costs of covering newly 
eligible enrollees through 2016; in subsequent years, the 
federal share of spending would average about 90% by 2019. To 
prevent erosion of coverage, states are required to maintain 
their current eligibility levels for all Medicaid beneficiaries 
until the exchanges are fully operational. The law extends 
funding for the Children's Health Insurance Program (CHIP) 
through fiscal year 2015.
    PPACA also makes numerous changes to payment rates and 
payment rules in Medicare and Medicaid. These include: (1) 
permanent reductions in the annual updates to Medicare's 
payment rates for most services in the fee-for-service sector 
(other than physician's services); (2) the setting of payment 
rates in the Medicare Advantage program on the basis of the 
average of the bids submitted by MA plans in each market; and 
(3) reducing Medicare and Medicaid payments to disproportionate 
share (DSH) hospitals that serve a large number of low-income 
patients. The law also establishes an Independent Payment 
Advisory Board (IPAB) which is required, under certain 
circumstances, to recommend changes to the Medicare program to 
limit the rate of growth in the program's spending. These 
recommendations will go into effect automatically unless 
blocked by subsequent legislative action.
    PPACA contains 18 separate provisions designed to ensure 
the integrity of the Medicare, Medicaid, and CHIP programs. CBO 
estimates that these provisions will result in $6.1 billion in 
savings to the federal government over the next 10 years. Many 
of these provisions reflect recommendations of the HHS Office 
of Inspector General for reducing waste, fraud, and abuse in 
Medicare, Medicaid, and CHIP.

Legislative History

    On July 14, 2009, H.R. 3200, America's Affordable Health 
Choices Act, was introduced in the House by Rep. Dingell of 
Michigan and referred to the Committee on Energy and Commerce, 
and in addition to the Committee on Ways and Means, the 
Committee on Education and Labor, the Committee on Oversight 
and Government Reform, and the Committee on the Budget.
    In the first session of the 111th Congress, the 
Subcommittee on Health held five days of oversight hearings 
focused on making health care work for American families. 
Hearings were held on Tuesday, March 10, 2009; Tuesday, March 
17, 2009; Tuesday, March 24, 2009; Tuesday, March 31, 2009; and 
Thursday, April 2, 2009.
    A Discussion Draft of comprehensive health reform 
legislation was circulated by the Committee to the Members of 
the Committee and the public on June 19, 2009. The same 
Discussion Draft was also issued by the Committee on Ways and 
Means and the Committee on Education and Labor.
    The Committee on Energy and Commerce and its Subcommittee 
on Health held three days of legislative hearings on the 
Discussion Draft. Hearings by the Subcommittee on Health were 
held on June 23, 24, and 25, 2009. The full Committee held a 
hearing on Wednesday, June 24, 2009, to receive testimony from 
the Secretary of Health and Human Services, the Hon. Kathleen 
Sebelius.
    The Committee on Energy and Commerce met in open markup 
session on July 17, 2009, July 20, 2009, July 21, 2009, and 
July 31, 2009.
    On July 31, 2009, the Committee ordered H.R. 3200 favorably 
reported to the House, amended, by a rollcall vote of 31-28. 
The Committee subsequently met in open markup session on 
September 23, 2009, to consider and adopt additional amendments 
under a motion to instruct the Chairman of the Committee to 
provide additional amendments for the consideration of the 
Committee on Rules.
    Consideration and markup of H.R. 3200 was also held by 
other committees of jurisdiction. The Committee on Ways and 
Means met in open markup session on July 16, 2009 and July 17, 
2009, and H.R. 3200 was ordered favorably reported, amended, by 
a rollcall vote of 23-18. The Committee on Education and Labor 
met in open markup session on July 15, 16, and 17, 2009, and 
ordered H.R. 3200 favorably reported to the House, amended, by 
a rollcall vote of 26-22.
    On October 14, 2009, the Committee on Energy and Commerce 
filed the House report on H.R. 3200 (H. Rept. 111-299, Part 1). 
Reports were also filed by the Committee on Ways and Means (H. 
Rept. 111-299, Part 2), and the Committee on Education and 
Labor (H. Rept. 111-299, Part 3).
    No further action was taken on H.R. 3200 in the 111th 
Congress. The bill was superseded first by H.R. 3962, and then 
later by H.R. 3590. Certain provisions of this bill were 
incorporated into H.R. 3590, which eventually was signed into 
law as the Patient Protection and Affordable Care Act.
    On October 29, 2009, H.R. 3962, the Preservation of Access 
to Care for Medicare Beneficiaries and Pension Relief Act of 
2010, was introduced by Rep. Dingell of Michigan and referred 
to the Committee on Energy and Commerce, and in addition to the 
Committee on Education and Labor, the Committee on Ways and 
Means, the Committee on Oversight and Government Reform, the 
Committee on the Budget, the Committee on Rules, the Committee 
on Natural Resources, and the Committee on the Judiciary.
    On November 7, 2009, the House called up H.R. 3962 for 
consideration under a rule and the bill was passed, as amended, 
by a rollcall vote of 220-215.
    On November 11, 2009, the Senate received H.R. 3962 with 
the House amendment and placed the bill on the Senate 
Legislative Calendar. H.R. 3262 was eventually superseded by 
H.R. 3590. (In the second session of the 111th Congress, H.R. 
3962 was amended by the Senate as the Preservation of Access to 
Care for Medicare Beneficiaries and Pension Relief Act of 2010, 
which became Public Law 111-192. Details on that legislation 
may be found in this report.)
    On December 24, 2009, the Senate considered H.R. 3590 with 
an amendment that inserted text to become a companion bill to 
H.R. 3962, and also to amend the title as the Patient 
Protection and Affordable Care Act. H.R. 3590 was passed by the 
Senate as amended by a rollcall vote of 60-39.
    On March 21, 2010, the House took up H.R. 3590 with the 
Senate amendment. There was a motion to agree to the Senate 
amendment to H.R. 3590, which passed by a rollcall vote of 219-
212, clearing the measure for the White House.
    On March 23, 2010, H.R. 3590 was signed into law by the 
President and became Public Law 111-148.

          HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010

                     Public Law 111-152 (H.R. 4872)

    To provide for reconciliation pursuant to Title II of the 
concurrent resolution on the budget for fiscal year 2010 (S. 
Con. Res. 13).

Summary

    The Health Care and Education Reconciliation Act of 2010 
(HCERA), P.L. 111-152, contains health-related financing and 
revenue changes that amend provisions of the Patient Protection 
and Affordable Care Act (PPACA) P.L. 111-148. The health reform 
legislation, known as the Affordable Care Act (ACA), is the 
consolidation of PPACA as amended by HCERA. HCERA also contains 
provisions relating to higher education in the jurisdiction of 
the Education and Labor Committee.
    The health- and revenue-related provisions of HCERA make a 
number of changes to PPACA. These changes include: (1) an 
increase in the subsidies for premiums and cost sharing that 
will be offered through the new insurance exchanges; (2) an 
increase in the penalties for employers that do not offer 
health insurance and modifying the penalties for individuals 
who do not obtain insurance; (3) a change in eligibility for 
Medicaid in a way that effectively increases the income 
threshold from 133% to 138% of the federal poverty level (FPL); 
(4) an increase in the federal share of spending for certain 
newly eligible Medicaid beneficiaries in certain states; (5) a 
phase-out of the ``doughnut hole'' in the Medicare Part D 
prescription drug benefit; (6) a reduction in overall payments 
to Medicare Advantage plans; and (7) a modification in the 
design and delay in the implementation of the excise tax on 
insurance plans with relatively high premiums.
    According to the Congressional Budget Office, HCERA 
increased by $25 billion the amount by which PPACA reduced the 
federal budget deficit over the period of 2010-2019. In 
combination, PPACA and HCERA produce a net reduction in the 
federal budget deficit of $143 billion over the period of 2010-
2019 and about one-half percent of GDP over the next decade.

Legislative History

    On March 17, 2010, H.R. 4872 was introduced in the House by 
Rep. Spratt of South Carolina and referred to the Committee on 
the Budget. That same day, the Committee on the Budget reported 
H.R. 4872 to the House (H. Rept. 111-443).
    On March 21, 2010, H.R. 4872 passed the House by a rollcall 
vote of 220-211.
    On March 25, 2010, H.R. 4872 passed the Senate, as amended, 
by a rollcall vote of 56-43.
    On March 25, 2010, H.R. 4872 passed the House, as amended, 
by a rollcall vote of 220-207.
    On March 30, 2010, H.R. 4872 was signed into law by the 
President and became Public Law 111-152.

              MEDICARE AND MEDICAID EXTENDERS ACT OF 2010

                     Public Law 111-309 (H.R. 4994)

    To extend certain expiring provisions of the Medicare and 
Medicaid programs.

Summary

    The Medicare and Medicaid Extenders Act of 2010 extends 
certain expiring Medicare and Medicaid provisions through 
December 31, 2011, including: (1) current Medicare payment 
rates for physicians; (2) the Medicare Modernization Act 
section 508 reclassifications; (3) the exceptions process for 
Medicare therapy caps; (4) direct payments for the technical 
component of certain physician pathology services; (5) the 
increased Medicare rates for ambulance services, especially in 
rural areas; (6) the five percent increase for certain Medicare 
mental health services; (7) the outpatient hold harmless 
provision; (8) the ability for hospitals in certain rural areas 
to continue to receive reasonable cost reimbursements for 
certain clinical diagnostic laboratory tests; (9) the 
qualifying individual (QI) program; (10) the Transitional 
Medical Assistance (TMA) Program; and (11) the Special Diabetes 
Program (SDP).
    According to CBO, the law will reduce the deficit by $2.8 
billion over the next 10 years. It is paid for by modifying the 
policy, under the Affordable Care Act, regarding overpayments 
of tax credits provided in the Exchanges to help individuals 
afford insurance, beginning in 2014. The law also makes various 
clarifying changes and technical corrections.

Legislative History

    On April 13, 2010, H.R. 4994 was introduced in the House by 
Rep. Lewis of Georgia and referred to the Committee on Ways and 
Means and the Committee on the Budget.
    On April 14, 2010, H.R. 4994 passed the House, as amended, 
under suspension of the rules, by a rollcall vote of 399-9.
    On April 15, 2010, H.R. 4994 was received in the Senate and 
referred to the Committee on Finance.
    On December 8, 2010, H.R. 4994 passed the Senate, as 
amended, by unanimous consent.
    On December 9, 2010, H.R. 4994 passed the House, as amended 
by the Senate, under suspension of the rules, by a rollcall 
vote of 409-2.
    On December 15, 2010, H.R. 4994 was signed into law by the 
President and became Public Law 111-309.

         JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT OF 2010

                     Public Law 111-____ (H.R. 847)

    To amend the Public Health Service Act to extend and 
improve protections and services to individuals directly 
impacted by the terrorist attack in New York City on September 
11, 2001.

Summary

    The James Zadroga 9/11 Health and Compensation Act of 2010, 
establishes the World Trade Center (WTC) Health Program and 
extends and expand eligibility for compensation under the 
September 11th Victim Compensation Fund (VCF) of 2001. In the 
House of Representatives, the WTC Health Program is in the 
jurisdiction of the Committee on Energy and Commerce; the VCF 
is in the jurisdiction of the Committee on the Judiciary.
    The WTC Health Program provides healthcare benefits for an 
estimated 65,000 eligible emergency personnel who responded to 
the September 11, 2001, terrorist attacks in New York City, the 
Pentagon, and Shanksville, Pennsylvania, and for workers who 
participated in recovery and cleanup following the attacks. The 
Program also provides healthcare benefits for an estimated 
25,000 eligible residents and others present in the area of New 
York City near the World Trade Center. The federal government 
pays 90% of the costs of the Program; New York City pays 10%. 
Federal funding for the Program is mandatory and subject to 
annual caps. The federal funding for the Program will sunset in 
2015.
    Funding for the WTC Health Program would be capped at a 
total of $1.5 billion through 2015. The Congressional Budget 
Office estimates that the total cost of the bill, including 
both the Health Program and the VCF, would be $4.2 billion over 
the period of 2011-2020. Because of offsetting excise tax and 
immigration fee increases, the bill would reduce the federal 
budget deficit by $433 million.

Legislative History

    On February 4, 2009, H.R. 847 was introduced in the House 
by Rep. Maloney of New York and referred to the Committee on 
Energy and Commerce and to the Committee on the Judiciary.
    On March 31, 2009, the Subcommittee on Immigration, 
Citizenship, Refugees, Border Security, and International Law 
and the Subcommittee on the Constitution, Civil Rights, and 
Civil Liberties of the Committee on the Judiciary held 
legislative hearings on H.R. 847.
    On April 22, 2009, the Subcommittee on Health held a 
legislative hearing on H.R. 847.
    On July 29, 2009, the Committee on the Judiciary met in 
open markup session to consider H.R. 847 and subsequently 
ordered the bill favorably reported to the House, as amended, 
by a rollcall vote of 22-9.
    On March 16, 2010, the Subcommittee on Health met in open 
markup session to consider H.R. 847 and subsequently favorably 
forwarded H.R. 847 to the full Committee, amended, by a 
rollcall vote of 25-8.
    On May 25, 2010, the Committee on Energy and Commerce met 
in open markup session to consider H.R. 847. The Committee 
subsequently ordered H.R. 847 favorably reported to the House, 
amended, by a rollcall vote of 33-12.
    On July 22, 2010, the Committee on Energy and Commerce 
filed the House report on H.R. 847 (H. Rept. 111-560, Part 1). 
That same day, the Committee on the Judiciary filed a House 
report on H.R. 847 (H. Rept. 111-560, Part 2).
    On July 29, 2010, the House voted on H.R. 847, as amended, 
under suspension of the rules, by a rollcall vote of 225-159, 
but it failed to pass the House due to receiving less than two-
thirds of those voting in favor of the legislation.
    On September 29, 2010, the House passed H.R. 847 under a 
rule, as amended, by a rollcall vote of 368-160.
    On December 22, 2010, the Senate passed H.R. 847 with an 
amendment by unanimous consent.
    On December 22, 2010, the House agreed to the Senate 
amendment to H.R. 847 by a rollcall vote of 206-60, clearing 
the measure for the White House.
    On December 23, 2010, H.R. 847 was presented to the 
President.
    On January 2, 2011, H.R. 847 was signed into law by the 
President and became Public Law 111-____.
    (Public Law number was not available at the time this 
report was filed.)

                       OMNIBUS TRADE ACT OF 2010

                    Public Law 111-____ (H.R. 6517)

    To extend trade adjustment assistance and certain trade 
preference programs, to amend the Harmonized Tariff Schedule of 
the United States to modify temporarily certain rates of duty, 
and for other purposes.

Summary

    Provisions under the jurisdiction of the Committee on 
Energy and Commerce include changes to the Public Health 
Service Act (PHSA) to extend until July 1, 2012, the trade 
adjustment assistance (TAA) pre-certification period rule 
disregarding any 63-day lapse in creditable health care 
coverage for TAA workers.

Legislative History

    H.R. 6517 was introduced in the House by Rep. Levin of 
Michigan on December 13, 2010, and referred to the Committee on 
Ways and Means, and in addition to the Committee on Education 
and Labor, and the Committee on Energy and Commerce.
    On December 14, 2010, the House agreed to a motion to 
suspend the rules and pass H.R. 6517, as amended, by a voice 
vote.
    On December 16, 2010, the Senate received H.R. 6517 as 
amended by the House.
    On December 22, 2010, the Senate passed H.R. 6517 with an 
amendment by unanimous consent.
    On December 22, 2010, the House agreed to the Senate 
amendment to H.R. 6517 by unanimous consent, clearing the 
measure for the White House.
    On December 29, 2010, H.R. 6517 was signed into law by the 
President and became Public Law 111-____. (Public Law number 
was not assigned when this report was filed.)

HEALTH INSURANCE RESTRICTIONS AND LIMITATIONS CLARIFICATION ACT OF 2009

                              (H.R. 1253)

    To require that limitations and restrictions on coverage 
under group health plans be timely disclosed to group health 
plan sponsors and timely communicated to participants and 
beneficiaries under such plans in a form that is easily 
understandable.

Summary

    H.R. 1253, the Health Insurance Restrictions and 
Limitations Clarification Act of 2009, would amend the Employee 
Retirement Income Security Act (ERISA), the Public Health 
Service Act, and the Internal Revenue Code to require that, 
with regard to limitations on benefits for individuals enrolled 
in the plan: (1) the limitations are explicit and clear; (2) 
the limitations have been disclosed to the plan sponsor in 
writing in advance of sale; and (3) the plan sponsor provides a 
description of the limitations and restrictions to participants 
and beneficiaries in an easily understandable form before 
enrollment, and upon enrollment.
    In the 110th Congress, H.R. 6908, the Health Insurance 
Restrictions and Limitation Clarification Act, introduced by 
Rep. Burgess of Texas, passed the House. H.R. 1253 is the same 
version as H.R. 6908 as passed by the House.

Legislative Summary

    On March 3, 2009, H.R. 1253 was introduced by Rep. Burgess 
of Texas and referred to the Committee on Energy and Commerce, 
and in addition to the Committee on Ways and Means and the 
Committee on Education and Labor.
    On March 3, 2009, the Committee on Energy and Commerce met 
in open markup session and H.R. 1253 was ordered favorably 
reported to the House by a voice vote.
    On March 30, 2009, the Committee on Energy and Commerce 
reported H.R. 1253 to the House (H. Rept. 111-62, Part I).
    On March 31, 2009, H.R. 1253 passed the House, under 
suspension of the rules, with a rollcall vote of 422-3.
    On April 1, 2009, H.R. 1253 was received in the Senate and 
referred to the Committee on Health, Education, Labor, and 
Pensions.
    No further action was taken on H.R. 1253 in the 111th 
Congress.

          HEALTH CARE PRICE TRANSPARENCY PROMOTION ACT OF 2009

                              (H.R. 2249)

    To amend title XIX of the Social Security Act to provide 
for increased price transparency of hospital information and to 
provide for additional research on consumer information on 
charges and out-of-pocket costs.

Summary

    H.R. 2249, the Health Care Price Transparency Promotion Act 
of 2009, would amend Title XIX (Medicaid) of the Social 
Security Act to require state Medicaid plans to provide that 
the state will establish and maintain laws to require 
disclosure of information on hospital charges, to make such 
information available to the public, and to provide individuals 
with information about estimated out-of-pocket costs for health 
care services.
    The legislation would require the Director of the Agency 
for Healthcare Research and Quality to research and report to 
Congress on: (1) information on health care costs and out-of-
pocket charges that individuals find useful in making decisions 
about where, when, and from whom to receive such care; (2) how 
such information varies depending on whether or not patients 
have health benefits coverage, or what kind of coverage they 
have; and (3) how such information may be made available, on a 
timely basis and in easy-to-understand form, to individuals 
facing health care decisions.

Legislative History

    On May 5, 2009, H.R. 2249 was introduced by Rep. Burgess of 
Texas and referred to the Committee on Energy and Commerce.
    On May 6, 2010, the Subcommittee on Health held a 
legislative hearing to consider H.R. 2249.
    No further action was taken on H.R. 2249 in the 111th 
Congress.

     ELIMINATING DISPARITIES IN BREAST CANCER TREATMENT ACT OF 2009

                              (H.R. 2279)

    To amend title XVIII of the Social Security Act to 
eliminate contributing factors to disparities in breast cancer 
treatment through the development of a uniform set of 
consensus-based breast cancer treatment performance measures 
for a 6-year quality reporting system and value-based 
purchasing system under the Medicare Program.

Summary

    H.R. 2279, the Eliminating Disparities in Breast Cancer 
Treatment Act of 2009, would amend Title XVII (Medicare) of the 
Social Security Act to direct the Secretary of HHS to establish 
a breast cancer treatment quality performance system. This 
system would function to assess and disclose publicly, through 
the use of quality measures, the quality of care provided for 
the treatment of breast cancer by specified health care 
providers. In addition, beginning October 1, 2013, it would 
serve as the basis of the payment system to these providers for 
such treatment based on their performance with respect to such 
measures. The legislation would require reduced payments to 
providers that either do not submit data in accordance with the 
reporting process in the system, or furnish low quality care 
for women with breast cancer.

Legislative History

    On May 6, 2009, H.R. 2279 was introduced by Rep. Castor of 
Florida and referred to the Committee on Ways and Means, and in 
addition to the Committee on Energy and Commerce.
    On May 7, 2009, H.R. 2279 was referred to the Subcommittee 
on Health.
    On October 8, 2009, the Subcommittee on Health held a 
legislative hearing to discuss H.R. 2279.
    No further action was taken on H.R. 2279 in the 111th 
Congress.

         INDIAN HEALTH CARE IMPROVEMENT ACT AMENDMENTS OF 2009

                              (H.R. 2708)

    To amend the Indian Health Care Improvement Act to revise 
and extend that Act, and for other purposes.

Summary

    H.R. 2708, the Indian Health Care Improvement Act 
Amendments of 2009, would revise and extend the Indian Health 
Care Improvement Act (P.L. 94-437) through fiscal year 2025. 
The bill would authorize programs relating to Indian health 
workforce, the delivery of health services, facilities 
construction and modernization, access to health services, 
urban Indians, behavioral health programs, and the Native 
American Health and Wellness Foundation. The bill would also 
make changes in the Medicare, Medicaid, and the Child Health 
Insurance (CHIP) programs to improve coverage of, and payment 
for, health services to Native Americans who are eligible for 
such programs.

Legislative History

    On June 4, 2009, H.R. 2708 was introduced by Rep. Pallone 
of New Jersey and referred to the Committee on National 
Resources, and in addition to the Committee on Energy and 
Commerce and the Committee on Ways and Means.
    On June 25, 2009, the Committee on Natural Resources of the 
Committee on Natural Resources held a hearing to consider H.R. 
2708.
    On October 20, 2009, the Subcommittee on Health held a 
legislative hearing to consider H.R. 2708.
    No further action was taken on H.R. 2708 in the 111th 
Congress, although provisions of the legislation were included 
in the Patient Protection and Affordable Care Act (Public Law 
111-148).

                     MEDICARE PREMIUM FAIRNESS ACT

                              (H.R. 3631)

    To amend title XVIII to provide for the application of a 
consistent Medicare part B premium for all Medicare 
beneficiaries in a budget neutral manner for 2010.

Summary

    H.R. 3631, the Medicare Premium Fairness Act, would amend 
title XVIII (Medicare) of the Social Security Act (SSA) with 
respect to the part B (Supplementary Medical Insurance Benefits 
for Aged and Disabled) premium for 2010. This legislation would 
make such a premium, and the related monthly actuarial rate, 
the same as those for 2009.
    H.R. 3631 would require transfer from the Treasury general 
fund to the Federal Supplementary Medical Insurance Trust Fund 
of an amount estimated to be equivalent to the aggregate 
reduction in part B premiums resulting from application of this 
Act. The legislation would revise the formula for funding the 
Medicare Improvement Fund (MIF) to reduce (offset) the amount 
available to the MIF for fiscal year 2014 by the transferred 
amount plus $567 million. H.R. 3631 would also make $567 
million the amount available to the MIF for fiscal year 2015.

Legislative History

    On September 23, 2009, H.R. 3631 was introduced by Rep. 
Titus of Nevada and referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Ways and Means.
    On September 24, 2009, H.R. 3631 was referred to the 
Subcommittee on Health.
    On September 24, 2009, H.R. 3631 passed the House, under 
suspension of the rules, by a rollcall vote of 406-18.
    On September 25, 2009, H.R. 3631 was received in the 
Senate, read twice, and referred to the Committee on Finance.
    No further action was taken on H.R. 3631 in the 111th 
Congress.

          TRANSPARENCY IN ALL HEALTH CARE PRICING ACT OF 2010

                              (H.R. 4700)

    To provide for transparency in health care pricing, and for 
other purposes.

Summary

    H.R. 4700, the Transparency in All Health Care Pricing Act 
of 2010, would require all individuals and business entities, 
including hospitals, physicians, nurses, pharmacies, 
pharmaceutical manufacturers, dentists, and the insurance 
entities that offer or furnish health care-related items, 
products, services, or procedures (as defined by the Secretary 
of HHS), to publicly disclose, on a continuous basis, all 
prices for such items, products, services, or procedures. The 
bill would authorize the Secretary of HHS to impose penalties 
on individuals or entities that fail to comply with the 
disclosure requirements.

Legislative History

    On February 25, 2010, H.R. 4700 was introduced by Rep. 
Kagen of Wisconsin and referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Ways and Means, 
and the Committee on Oversight and Government Reform.
    On May 6, 2010, the Subcommittee on Health held a 
legislative hearing to consider H.R. 4700.
    No further action was taken on H.R. 4700 in the 111th 
Congress.

                      PATIENTS' RIGHT TO KNOW ACT

                              (H.R. 4803)

    To ensure health care consumer and provider access to 
certain health benefits plan information and to amend title XIX 
of the Social Security Act to provide transparency in hospital 
price and quality information.

Summary

    H.R. 4803, the Patients' Right to Know Act, would require 
each entity offering a health benefits plan to make available 
to enrollees and potential enrollees specified information 
about the plan, including covered items and services, a list of 
limitations and restrictions, details about the claims appeal 
process and out-of-pocket cost-sharing, among other things.
    H.R. 4803 would amend Title XIX (Medicaid) of the Social 
Security Act to require state Medicaid plans to provide that 
the state will establish and maintain laws to require 
disclosure, to the public and to the Secretary of HHS of 
information on the prices for and quality of certain services 
at hospitals and ambulatory surgical centers.

Legislative History

    On March 10, 2010, H.R. 4803 was introduced by Rep. Barton 
of Texas and referred to the Committee on Energy and Commerce, 
and in addition to the Committee on Ways and Means, and the 
Committee on Oversight and Government Reform.
    On March 11, 2010, H.R. 4803 was referred to the 
Subcommittee on Health.
    On May 6, 2010, the Subcommittee on Health held a 
legislative hearing on H.R. 4803.
    No further action was taken on H.R. 4803 in the 111th 
Congress.

DIRECTING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO TRANSMIT TO THE 
   HOUSE OF REPRESENTATIVES COPIES OF EACH PORTION OF ANY DOCUMENT, 
RECORD, OR COMMUNICATION IN HER POSSESSION CONSISTING OF OR RELATING TO 
   DOCUMENTS PREPARED BY OR FOR THE CENTERS FOR MEDICARE & MEDICAID 
SERVICES REGARDING THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, AND 
                           FOR OTHER PURPOSES

                             (H. Res. 1561)


Summary

    H. Res. 1561 would direct the Secretary of HHS to transmit 
to the House of Representatives copies of each portion of any 
document, record, or communication in the Secretary's 
possession consisting of, referring to, or relating to any of 
the following: (1) documents prepared by or for the Centers for 
Medicare & Medicaid Services Office of the Actuary regarding 
the Patient Protection and Affordable Care Act or the Health 
Care and Education Reconciliation Act of 2010; (2) 
communications between any officer or employee of such Office 
and any person not an officer or employee of such Office 
regarding data sources, assumptions, or methodologies use for 
purposes of any such document; (3) communications to or from 
any officer or employee of the Congressional Budget Office 
(CBO) relating to any such document; and (4) communications to 
or from any HHS officer or employee relating to the April 22, 
2010, report of the Chief Actuary Richard S. Foster entitled 
``Estimated Financial Effects of the Patient Protection and 
Affordable Care Act, as Amended,'' the report's impact on 
passage of either of these Acts, or the timing of the release 
of such report.

Legislative History

    On July 27, 2010, H. Res. 1561 was introduced by Rep. 
Burgess of Texas and referred to the Committee on Energy and 
Commerce.
    On July 28, 2010, H. Res. 1561 was referred to the 
Subcommittee on Health.
    On September 23, 2010, the Committee on Energy and Commerce 
met in open markup session and H. Res. 1561 was ordered 
reported without a recommendation by a rollcall vote of 26-17.
    On September 29, 2010, the Committee on Energy and Commerce 
reported H. Res. 1561 to the House (H. Rept. 111-649). That 
same day H. Res. 1561 was placed on the House Calendar.
    No further action was taken on H. Res. 1561 in the 111th 
Congress.

                             Public Health


                          Oversight Activities


                 HOW DO WE FIX THE AILING FOOD SYSTEM?

    On March 11, 2009, the Subcommittee on Health held an 
oversight hearing to explore the ability of FDA to oversee the 
safety of the nation's food supply. The Subcommittee received 
testimony from representatives of the Center for Science in the 
Public Interest, the Alliance for a Stronger FDA, the United 
Fresh Produce Association, Fresh Express, and an academic 
expert.

            SWINE FLU OUTBREAK AND THE U.S. FEDERAL RESPONSE

    On April 30, 2009, the Subcommittee on Health held an 
oversight hearing to examine the outbreak of swine flu and the 
next steps for a federal response by HHS. The committee 
received testimony from the Assistant Secretary for 
Preparedness and Response and from representatives of the 
Centers for Disease Control and Prevention and the Food and 
Drug Administration.

    EMERGING HEALTH CARE ISSUES: FOLLOW-ON BIOLOGIC DRUG COMPETITION

    On June 11, 2009, the Subcommittee on Health held an 
oversight hearing on a report of the Federal Trade Commission 
titled ``Emerging Health Care Issues: Follow-On Biologic Drug 
Competition.'' The Subcommittee received testimony from the 
Commissioner of the Federal Trade Commission.

  MEDICAL DEVICES: ARE CURRENT REGULATIONS DOING ENOUGH FOR PATIENTS?

    On June 18, 2009, the Subcommittee on Health held an 
oversight hearing to examine the regulation of medical devices 
by FDA. The Subcommittee received testimony from 
representatives of the Government Accountability Office, the 
Medical Device Safety Institute, the Public Citizen's Health 
Research Group, and an independent consultant.

  H1N1 PREPAREDNESS: AN UPDATE OF VACCINE PRODUCTION AND DISTRIBUTION

    On November 18, 2009, the Subcommittee on Health held a 
joint oversight hearing with the Subcommittee on Oversight and 
Investigations, to examine the response to the H1N1 influenza 
pandemic. The Subcommittee received testimony from 
representatives of the Department of Health and Human Services, 
the Food and Drug Administration, the National Center for 
Immunization and Respiratory Diseases at the Centers for 
Disease Control and Prevention, the Texas Department of State 
Health Services, Trust for America's Health, CSL Biotherapies, 
Novartis Vaccines USA, MedImmune, and Sanofi Pasteur.

                BREAST CANCER SCREENING RECOMMENDATIONS

    On December 2, 2009, the Subcommittee on Health held an 
oversight hearing to examine the U.S. Preventive Services Task 
Force's updated recommendations on mammography use that were 
issued in November 2009. The Subcommittee received testimony 
from the Chair and Vice Chair of the U.S. Preventive Services 
Task Force, and representatives of the American Cancer Society, 
the Susan G. Komen for the Cure Advocacy Alliance, the American 
College of Physicians' Clinical Assessment Efficacy 
Subcommittee, and the National Breast Cancer Coalition.

     PRESCRIPTION DRUG PRICE INFLATION: ARE PRICES RISING TOO FAST

    On December 8, 2009, the Subcommittee on Health held an 
oversight hearing to examine the rapid price increases for 
brand-name prescription drugs. The Subcommittee received 
testimony from representatives of the Pharmaceutical Research 
and Manufacturers of America (PhRMA), Families USA, AARP, and 
two academic experts.

              INNOVATIONS IN ADDRESSING CHILDHOOD OBESITY

    On December 16, 2009, the Subcommittee on Health held an 
oversight hearing to examine innovative strategies to reduce 
obesity among children and adolescents. The Subcommittee 
received testimony from representatives of the Centers for 
Disease Control and Prevention, the Eunice Kennedy Shriver 
National Institute of Child Health and Human Development at the 
National Institutes of Health, the Jaws Youth Fund, the 
American Academy of Pediatrics, The Reinvestment Fund, the 
Grocery Manufacturers Association, and the Robert Wood Johnson 
Foundation.

              MEDICAL RADIATION: AN OVERVIEW OF THE ISSUES

    On February 26, 2010, the Subcommittee on Health held an 
oversight hearing to explore the benefits and risks of the use 
of radiation in medicine. The Subcommittee received testimony 
from individuals with experience with radiation therapy, 
academic experts, and representatives of the American Society 
for Radiation Oncology, the American Association of Physicists 
in Medicine, the American Society of Radiologic Technologists, 
the American College of Radiology, the VA New Jersey Health 
Care System, the Medical Imaging Technology Alliance, and 
Medicalis, Inc.

      DRUG SAFETY: AN UPDATE FROM THE FOOD AND DRUG ADMINISTRATION

    On March 10, 2010, the Subcommittee on Health held an 
oversight hearing on drug safety issues and FDA response to 
such issues. The Subcommittee received testimony from the 
Principal Deputy Commissioner of the FDA.

  THE NATIONAL CANCER INSTITUTE'S CANCER RESEARCH: TODAY'S PROGRESS, 
                         TOMORROW'S CHALLENGES

    On March 23, 2010, the Subcommittee on Health held an 
oversight hearing to examine cancer research efforts of the 
National Cancer Institute (NCI). The Subcommittee received 
testimony from representatives of NCI, the Cancer Institute of 
New Jersey, the Pancreatic Cancer Action Network, Friends of 
Cancer Research, and a family member of a cancer patient.

 SMOKELESS TOBACCO: IMPACT ON THE HEALTH OF OUR NATION'S YOUTH AND USE 
                        IN MAJOR LEAGUE BASEBALL

    On April 14, 2010, the Subcommittee on Health held an 
oversight hearing on smokeless tobacco. The Subcommittee 
received testimony from the Executive Vice President of Labor 
Relations and Human Resources for Major League Baseball, the 
Chief Labor Counsel for the Major League Baseball Players 
Association, users of smokeless tobacco, an academic expert, 
and representatives of the Office on Smoking and Health at the 
Centers for Disease Control and Prevention and the National 
Cancer Institute.

THE ENVIRONMENT AND HUMAN HEALTH: THE ROLE OF THE DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES

    On April 22, 2010, the Subcommittee on Health held an 
oversight hearing on the environment and human health and the 
work of HHS in studying, tracking, and addressing the effects 
of environmental factors on human health and illness. The 
Subcommittee received testimony from representatives of the 
National Institute of Environmental Health Sciences and the 
National Toxicology Program, and the National Center for 
Environmental Health and the Agency for Toxic Substances and 
Disease Registry.

         ANTIBIOTIC RESISTANCE AND THE THREAT TO PUBLIC HEALTH

    On April 28, 2010, the Subcommittee on Health held an 
oversight hearing on antibiotics and antibiotic resistance. The 
Subcommittee received testimony from representatives of CDC and 
the National Institute of Allergy and Infectious Diseases at 
the National Institutes of Health.

PREMATURITY AND INFANT MORTALITY: WHAT HAPPENS WHEN BABIES ARE BORN TOO 
                                 EARLY?

    On May 12, 2010, the Subcommittee on Health held an 
oversight hearing on premature births and infant mortality. The 
Subcommittee received testimony from representatives of the 
Maternal and Infant Health Branch of the Division of 
Reproductive Health at the National Center for Chronic Disease 
Prevention and Health Promotion at CDC, the Pregnancy and 
Perinatology Branch of the National Institute of Child Health 
and Human Development at NIH, the March of Dimes Foundation, 
the USF College of Public Health, and the American Enterprise 
Institute for Public Policy Research.

             EFFECTS OF DEVELOPMENTS IN SYNTHETIC GENOMICS

    On May 27, 2010, the Subcommittee on Health held a joint 
oversight hearing with the Subcommittee on Energy and 
Environment on the effects of developments in synthetic 
genomics. The Subcommittees received testimony from 
representatives of the National Institute of Allergy and 
Infectious Diseases of the National Institutes of Health, the 
J. Craig Venter Institute, the Lawrence Berkley National 
Laboratory, The Hastings Center, and an academic expert.

PROMOTING THE DEVELOPMENT OF ANTIBIOTICS AND ENSURING JUDICIOUS USE IN 
                                 HUMANS

    On June 9, 2010, the Subcommittee on Health held an 
oversight hearing on the availability and appropriate use of 
antibiotics. The Subcommittee received testimony from 
representatives of the Center for Drug Evaluation and Research 
at the Food and Drug Administration, Biomedical Advanced 
Research and Development Authority at HHS, the Infectious 
Diseases Society of America Antimicrobial Availability Task 
Force, the American Medical Association Council on Science and 
Public Health, the American Academy of Pediatrics, Cubist 
Pharmaceuticals, and Trust for America's Health.

 THE NATIONAL INSTITUTES OF HEALTH IN THE 21ST CENTURY: THE DIRECTOR'S 
                              PERSPECTIVE

    On June 15, 2010, the Subcommittee on Health held an 
oversight hearing on programs and activities at NIH. The 
Subcommittee received testimony from the Director of the 
National Institutes of Health.

   DEPARTMENT OF HEALTH AND HUMAN SERVICES' ACTIONS TO IDENTIFY AND 
             ADDRESS THE HEALTH EFFECTS OF THE BP OIL SPILL

    On June 16, 2010, the Subcommittee on Health held an 
oversight hearing on the Deepwater Horizon Oil Spill. The 
Subcommittee received testimony from representatives of the 
National Institute of Occupational Safety and Health, FDA, the 
Office of the Assistant Secretary for Preparedness and 
Response, and the National Institute of Environmental Health 
Sciences at NIH.

      THE BATTLE AGAINST DIABETES: PROGRESS MADE, CHALLENGES UNMET

    On July 1, 2010, the Subcommittee on Health held an 
oversight hearing on diabetes. The Subcommittee received 
testimony from representatives of the Division of Diabetes 
Translation at CDC, and the Division of Diabetes, 
Endocrinology, and Metabolic Diseases at the National Institute 
of Diabetes and Digestive and Kidney Diseases, the Juvenile 
Diabetes Research Foundation, the American Diabetes 
Association, and the National Indian Health Board.

 ANTIBIOTIC RESISTANCE AND THE USE OF ANTIBIOTICS IN ANIMAL AGRICULTURE

    On July 14, 2010, the Subcommittee on Health held an 
oversight hearing on the use of antibiotics in food-producing 
animals and the impact of this use on human health. The 
Subcommittee received testimony from representatives of FDA; 
the Animal and Plant Health Inspection Service at the United 
States Department of Agriculture; the National Center for 
Emerging and Zoonotic Infectious Disease at the Centers for 
Disease Control and Prevention; the Division of Chemical Food 
Safety, Animal Welfare and Veterinary Medicinal Products at the 
Danish Veterinary and Food Administration; the Human Health and 
Industrial Farming Campaign of the Pew Charitable Trusts, the 
American Veterinary Medical Association, the Animal Health 
Institute, and three academic experts.

              ALZHEIMER'S DISEASE: THE ONGOING CHALLENGES

    On December 9, 2010, the Subcommittee on Health held an 
oversight hearing on Alzheimer's disease. The Subcommittee 
received testimony from representatives of the National 
Institute of Aging at the National Institutes of Health, the 
Alzheimer's Association, the Alzheimer's Foundation of America, 
and the Coalition Against Major Disease at the Critical Path 
Institute.

                             Health Finance


                          Oversight Activities


    MAKING HEALTH CARE WORK FOR AMERICAN FAMILIES: DESIGNING A HIGH 
                       PERFORMANCE HEALTH SYSTEM

    On March 10, 2009, the Subcommittee on Health held an 
oversight hearing to explore how the United States should build 
a high-performance health care system. This was the first of a 
series of hearings in the 111th Congress on health reform. The 
Subcommittee received testimony from the Secretary of the 
Louisiana Department of Health and Hospitals, and 
representatives of the Center for Science in the Public 
Interest, the Medicare Payment Advisory Commission (MedPAC), 
the Institute of Medicine, the Medical Association of Georgia, 
and an academic expert.

  MAKING HEALTH CARE WORK FOR AMERICAN FAMILIES: ENSURING AFFORDABLE 
                                COVERAGE

    On March 17, 2009, the Subcommittee on Health held an 
oversight hearing to explore why health insurance premiums 
continue to outpace wage growth. This was the second of a 
series of hearings on health reform. The Subcommittee received 
testimony from the Superintendent of Insurance for the State of 
Maine Bureau of Insurance, and representatives of the Center 
for American Progress Action Fund, Pacific Research Institute, 
the Commonwealth Health Insurance Connector Authority, the 
Heritage Foundation, and three academic experts.

MAKING HEALTH CARE WORK FOR AMERICAN FAMILIES: IMPROVING ACCESS TO CARE

    On March 24, 2009, the Subcommittee on Health held an 
oversight hearing to explore how to improve individual access 
to health care. This was the third of a series of hearings on 
health reform in the 111th Congress. The Subcommittee received 
testimony from representatives of the Joint Center for 
Political and Economic Studies, the McFarland Clinic PC, the 
Robert Wood Johnson Foundation, the Kaiser Commission on 
Medicaid and the Uninsured, and an academic expert.

   MAKING HEALTH CARE WORK FOR AMERICAN FAMILIES: THE ROLE OF PUBLIC 
                                 HEALTH

    On March 31, 2009, the Subcommittee on Health held an 
oversight hearing on the role of public health in health 
reform. This was the fourth of a series of hearings in the 
111th Congress on health reform. The Subcommittee received 
testimony from the Commissioner of the New Jersey Department of 
Health and Senior Services, the former U.S. Surgeon General and 
Director of the Satcher Health Leadership Institute at the 
Morehouse School of Medicine, and representatives of the Agency 
for Toxic Substances and Disease Registry at the Centers for 
Disease Control and Prevention, the L.A. County Department of 
Public Health, the Mount Auburn Cambridge Independent 
Physician's Association, the National Center for Policy 
Analysis, and Trust for America's Health.

  MAKING HEALTH CARE WORK FOR AMERICAN FAMILIES: SAVING MONEY, SAVING 
                                 LIVES

    On April 2, 2009, the Subcommittee on Health held an 
oversight hearing to explore the ways to make health care more 
affordable for American families. This was the 5th in a series 
of hearings in the 111th Congress on health reform. The 
Subcommittee received testimony from representatives of the 
American Board of Internal Medicine and ABIM Foundation, the 
National Center for Policy Analysis, Pen Bay Physicians and 
Associates, the Heritage Foundation, the Center for Studying 
Health System Change, the Center for Health Transformation, the 
Institute for America's Future, and three academic experts.

 THE PRESIDENT'S FISCAL YEAR 2011 BUDGET FOR THE DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES

    On February 4, 2010, the Committee on Energy and Commerce 
held an oversight hearing on the President's fiscal year 2011 
budget for the Department of Health and Human Services (HHS). 
The Committee received testimony from the Secretary of HHS.

    THE MEDICARE PAYMENT ADVISORY COMMISSION'S JUNE 2010 REPORT TO 
               CONGRESS: ALIGNING INCENTIVES IN MEDICARE

    On June 23, 2010, the Subcommittee on Health held an 
oversight hearing on the Medicare Payment Advisory Commission's 
(MedPAC) June 2010 report to Congress. The Subcommittee 
received testimony from the Chairman of MedPAC.

 MEDICARE'S COMPETITIVE BIDDING PROGRAM FOR DURABLE MEDICAL EQUIPMENT: 
               IMPLICATIONS FOR QUALITY, COST, AND ACCESS

    On September 15, 2010, the Subcommittee on Health held an 
oversight hearing on Medicare's competitive bidding program for 
durable medical equipment. The Subcommittee received testimony 
from the Inspector General of HHS, representatives of the 
Centers for Medicare & Medicaid Services, the Government 
Accountability Office, Allcare Medical, Center for Medicare 
Advocacy, the Henry Ford Health System, and a health policy 
consultant.

        CUTTING WASTE, FRAUD, AND ABUSE IN MEDICARE AND MEDICAID

    On September 22, 2010, the Subcommittee on Health held an 
oversight hearing to explore how HHS is using available 
statutory tools to reduce waste, fraud, and abuse in Medicare 
and Medicaid programs. The Subcommittee received testimony from 
two members of Congress, the Inspector General of HHS, and the 
Centers for Medicare & Medicaid Services at HHS.

                             HEARINGS HELD

    Making Health Care Work for American Families: Designing a 
High Performing Healthcare System (Day 1)--Oversight hearing on 
key health reform issues. Hearing held on March 10, 2009. 
PRINTED, Serial No. 111-11.
    How Do We Fix Our Ailing Food Safety System?--Oversight 
hearing on the safety of the nation's food supply. Hearing held 
on March 11, 2009. PRINTED, Serial No. 111-12.
    Making Health Care Work for American Families: Ensuring 
Affordable Coverage (Day 2)--Oversight hearing on key health 
reform issues. Hearing held on March 17, 2009. PRINTED, Serial 
No. 111-16.
    Making Health Care Work for American Families: Improving 
Access to Care (Day 3)--Oversight hearing on key health reform 
issues. Hearing held on March 24, 2009. PRINTED, Serial No. 
111-20.
    Making Health Care Work for American Families: Protecting 
the Public Health (Day 4)--Oversight hearing on key health 
reform issues. Hearing held on March 31, 2009. PRINTED, Serial 
No. 111-24.
    Making Health Care Work for American Families: Bending the 
Cost Curve (Day 5)--Oversight hearing on key health reform 
issues. Hearing held on April 2, 2009. PRINTED, Serial No. 111-
27.
    H.R. 847, the James Zadroga 9/11 Health and Compensation 
Act of 2009--Hearing on the James Zadroga 9/11 Health and 
Compensation Act. Hearing held on April 22, 2009. PRINTED, 
Serial No. 111-30.
    Swine Flu Outbreak and the U.S. Federal Response--Oversight 
hearing to examine the outbreak of swine flu and the next steps 
for a federal response by the Department of Health and Human 
Services (HHS). Hearing held on April 30, 2009. PRINTED, Serial 
No. 111-33.
    H.R. 1346, the Medical Device Safety Act of 2009--Hearing 
on the Medical Device Safety Act. Hearing held on May 12, 2009. 
PRINTED, Serial No. 111-39.
    Food Safety Enhancement Act of 2009 Discussion Draft--
Hearing on the Food Safety Enhancement Act discussion draft 
legislation. Hearing held on June 3, 2009. PRINTED, Serial No. 
111-41.
    Emerging Health Care Issues: Follow-On Biologic Drug 
Competition--Oversight hearing on a report of the Federal Trade 
Commission on biologic drugs. Hearing held on June 11, 2009. 
PRINTED, Serial No. 111-46.
    Medical Devices: Are Current Regulations Doing Enough for 
Patients?--Oversight hearing on the regulation of medical 
devices by the Food and Drug Administration (FDA). Hearing held 
on June 18, 2009. PRINTED, Serial No. 111-52.
    Health Care Reform (Draft Legislative Proposal)--Hearing on 
the proposed health care reform draft legislation. Hearing held 
on June 23, 2009-June 25, 2009. PRINTED, Serial No. 111-54.
    Ryan White Extension Act of 2009--Hearing on Ryan White 
CARE Act discussion draft legislation. Hearing held on 
September 9, 2009. PRINTED, Serial No. 111-60.
    H.R. 995, the Mammogram and MRI Availability Act of 2009, 
H.R. 1691, the Breast Cancer Patient Protection Act of 2009, 
H.R. 1740, the Breast Cancer Education and Awareness Requires 
Learning Young Act of 2009, and H.R. 2279, the Eliminating 
Disparities in Breast Cancer Treatment Act of 2009--Hearing on 
four bills related to breast cancer prevention, research, 
treatment, and quality of care. Hearing held on October 7, 
2009. PRINTED, Serial No. 111-69.
    H.R. 2708, the Indian Health Care Improvement Act 
Amendments of 2009--Hearing on the Indian Heath Care 
Improvement Act Amendments. Hearing held on October 20, 2009. 
PRINTED, Serial No. 111-74.
    H1N1 Preparedness: An Overview of Vaccine Production and 
Distribution--Oversight hearing on the response to the H1N1 
influenza pandemic. Hearing held jointly with the Subcommittee 
on Oversight and Investigations on November 18, 2009. PRINTED, 
Serial No. 111-82.
    Breast Cancer Screening Recommendations--Oversight hearing 
on the updated breast cancer recommendations that were issued 
by the U.S. Preventive Services Task Force on Monday, November 
16, 2009. Hearing held on December 2, 2009. PRINTED, Serial No. 
111-85.
    Prescription Drug Price Inflation: Are Prices Rising Too 
Fast?--Oversight hearing on recent reports of rapid price 
increases for brand-name prescription drugs. Hearing held on 
December 8, 2009. PRINTED, Serial No. 111-87.
    Innovations in Addressing Childhood Obesity--Oversight 
hearing on innovative strategies to reduce obesity among 
children and adolescents. Hearing held on December 16, 2009. 
PRINTED, Serial No. 111-90.
    Medical Radiation: An Overview of the Issues--Oversight 
hearing on the benefits and risks of the use of radiation in 
medicine. Hearing held on February 26, 2010. PRINTED, Serial 
No. 111-100.
    Drug Safety: An Update from the FDA--Oversight hearing on 
drug safety issues, and the Food and Drug Administration (FDA) 
response to such issues. Hearing held on March 10, 2010. 
PRINTED, Serial No. 111-103.
    NCI Cancer Research: Today's Progress; Tomorrow's 
Challenges--Oversight hearing on the National Cancer 
Institute's (NCI) cancer research efforts. Hearing held on 
March 23, 2010. PRINTED, Serial No. 111-108.
    Smokeless Tobacco: Impact on the Health of our Nation's 
Youth and Use in Major League Baseball--Oversight hearing on 
smokeless tobacco products, diseases linked to the use of these 
products, and the correlation between smokeless tobacco use by 
youth and Major League Baseball players. Hearing held on April 
14, 2010. PRINTED, Serial No. 111-110.
    The Environment and Human Health: The Role of HHS--
Oversight hearing on the environment and human health and the 
work of the Department of Health and Human Services (HHS). 
Hearing held on April 22, 2010. PRINTED, Serial No. 111-112.
    Antibiotic Resistance and the Threat to Public Health--
Oversight hearing on antibiotics and antibiotic resistance. 
Hearing held on April 28, 2010. PRINTED, Serial No. 111-115.
    H.R. 4700, the Transparency in All Health Care Pricing Act 
of 2010; H.R. 2249, the Health Care Price Transparency 
Promotion Act of 2009; and H.R. 4803, the Patients' Right to 
Know Act--Hearing on three bills related to transparency in 
health care. Hearing held on May 6, 2010. PRINTED, Serial No. 
111-119.
    Prematurity and Infant Mortality: What Happens When Babies 
Are Born Too Early?--Oversight on premature births and infant 
mortality. Hearing held on May 12, 2010. PRINTED, Serial No. 
111-121.
    Promoting the Development of Antibiotics and Ensuring 
Judicious Use in Humans--Oversight hearing on the availability 
and appropriate use of antibiotics. Hearing held on June 9, 
2010. PRINTED, Serial No. 111-130.
    NIH in the 21st Century: The Director's Perspective--
Oversight hearing on programs and activities at the National 
Institutes of Health (NIH). Hearing held on June 15, 2010. 
PRINTED, Serial No. 111-133.
    HHS Actions to Identify and Address Health Effects of the 
BP Oil Spill--Oversight hearing on the response of the 
Department of Health and Human Services (HHS) to the public 
health risks associated with the Deepwater Horizon Oil Spill. 
Hearing held on June 16, 2010. PRINTED, Serial No. 111-135.
    MedPAC's June 2010 Report to Congress: Aligning Incentives 
in Medicare--Oversight hearing on the Medicare Payment Advisory 
Commission (MedPAC) June 2010 report to Congress. Hearing held 
on June 23, 2010. PRINTED, Serial No. 111-139.
    The Battle Against Diabetes: Progress Made; Challenges 
Unmet--Oversight hearing on advances in research into diabetes. 
Hearing held on July 1, 2010. PRINTED, Serial No. 111-141.
    Antibiotic Resistance and the Use of Antibiotics in Animal 
Agriculture--Oversight hearing on the use of antibiotics in 
food-producing animals and the impact of this use on human 
health. Hearing held on July 14, 2010. PRINTED, Serial No. 111-
144.
    H.R. 5710, the National All-Schedules Electronic Reporting 
Reauthorization Act of 2010; and H.R. 5809, the Safe Drug 
Disposal Act--Hearing on two bills relating to the abuse of 
prescription medications. Hearing held on July 22, 2010. 
PRINTED, Serial No. 111-146.
    Implementation of the Health Information Technology for 
Economic and Clinical Health (HITECH) Act--Hearing on the 
progress and plans for implementation of the provisions of the 
HITECH Act aimed at nationwide electronic use and exchange of 
health information. Hearing held on July 27, 2010. PRINTED, 
Serial No. 111-149.
    Protecting School-Aged Children from Sports-related 
Concussion Injury--Hearing on H.R. 1347, the Concussion 
Treatment and Care Tools Act. Hearing held on September 8, 
2010. PRINTED, Serial No. 111-153.
    Legislative Hearing on Pending Public Health Legislation--
Hearing on pending public health bills, H.R. 211, H.R. 758, 
H.R. 1032, H.R. 1210, H.R. 1230, H.R. 1347, H.R. 1362, H.R. 
1995, H.R. 2408, H.R. 2818, H.R. 2941, H.R. 2999, H.R. 5354, 
H.R. 5462, H.R. 5986, H.R. 6012, H.R. 6081, H.R. 6109, and H.R. 
6110. Hearing held on September 15, 2010. PRINTED, Serial No. 
111-154.
    Medicare's Competitive Bidding Program for Durable Medical 
Equipment: Implications for Quality, Cost and Access--Oversight 
hearing on Medicare's competitive bidding program for durable 
medical equipment. Hearing held on September 15, 2010. PRINTED, 
Serial No. 111-155.
    Cutting Waste, Fraud, and Abuse in Medicare and Medicaid--
Oversight hearing on how the Department of Health and Human 
Services (HHS) is using available statutory tools to reduce 
waste, fraud, and abuse in Medicare and Medicaid programs. 
Hearing held on September 22, 2010. PRINTED, Serial No. 111-
158.
    Discussion Draft of Drug Safety Legislation--Hearing on 
drug safety discussion draft legislation. Hearing held on 
September 30, 2010. PRINTED, Serial No. 111-161.
    Alzheimer's Disease: The Ongoing Challenges--Oversight 
hearing on Alzheimer's disease. Hearing held on December 9, 
2010. PRINTED, Serial No. 111-163.
              Subcommittee on Oversight and Investigations

                              Introduction

    During the 111th Congress, the Subcommittee on Oversight 
and Investigations conducted major inquiries into federal 
agencies within the Committee's jurisdiction, including the 
Departments of Commerce, Energy, Health and Human Services, 
Interior, and Homeland Security, the Food and Drug 
Administration, the National Institutes of Health, the Consumer 
Product Safety Commission, Chemical Safety and Hazard 
Investigation Board, the Federal Trade Commission, the Federal 
Communications Commission, the National Highway Traffic Safety 
Administration, and the Environmental Protection Agency.
    This oversight has exposed improper and illegal activities, 
fraud, waste and abuse of taxpayer dollars, strengthened our 
national security and defense against terrorists, highlighted 
inconsistencies within the healthcare insurance industry, and 
identified environmental protection and consumer safety issues. 
These investigations provided the basis for a number of major 
legislative initiatives of the Committee and will form the 
foundation for additional investigative and legislative actions 
in the next Congress.

Hearings and Other Investigative Activities Pertaining to Public Health 
                            and Health Care

                                Hearings

   INSTITUTIONAL REVIEW BOARDS THAT OVERSEE EXPERIMENTAL TESTING FOR 
                                 PROFIT

    On March 26, 2009, the Subcommittee held a hearing on the 
role of institutional review boards (IRBs) in protecting the 
health of men, women, and children who participate in 
experimental biomedical testing. In 2008, the Subcommittee 
asked the Government Accountability Office (GAO) to investigate 
whether IRBs were approving experimental research protocols 
without sufficient scrutiny in order to collect fees.
    GAO invented a fictitious company, developed a fake medical 
protocol, and got it approved by a legitimate IRB. GAO stated 
that one IRB ``approved our bogus research protocol for human 
subjects testing after only minor edits to our submission 
materials, even though we were a bogus company with falsified 
credentials and an unproven medical device.'' The company that 
approved the fake protocol, Coast IRB, testified at the hearing 
about their actions. The Subcommittee also heard testimony from 
GAO, the Department of Health and Human Services (HHS) and the 
Food and Drug Administration (FDA). Following the hearing, 
Coast IRB ceased business operations in April 2009.

   TERMINATIONS OF INDIVIDUAL HEALTH POLICIES BY INSURANCE COMPANIES

    The Subcommittee examined the practice of ``post-claims 
underwriting,'' a practice also known as ``rescission'' through 
which insurance companies cancel individual health insurance 
policies after providers submit claims for medical services 
rendered. The investigation into this practice demonstrated 
that the market for individual health insurance in the United 
States was fundamentally flawed.
    On July 17, 2009, the Subcommittee held a hearing titled 
``Terminations of Individual Health Policies by Insurance 
Companies.'' At this hearing, the Subcommittee heard from 
health insurance company chief executive officers, individuals 
who had been affected by the termination of their health 
insurance policies, and an academic specializing in health 
policy matters. The Subcommittee also held a field hearing on 
the practice in New Albany, Indiana, on July 27, 2009, titled 
``Terminations of Individual Health Policies by Insurance 
Companies: State Perspectives and Legislative Solutions.'' The 
Subcommittee heard testimony from local stakeholders and health 
insurance company representatives. This field hearing provided 
a critical forum for Congress to understand the concerns of 
local communities as lawmakers developed national health care 
policies.
    The Subcommittee's investigation revealed that insurance 
companies exploit inconsistent state and federal laws to engage 
in a series of controversial practices. For example, rather 
than reviewing medical histories when applications are 
submitted, some insurance companies award policies quickly to 
begin collecting premiums. If the policyholders subsequently 
get sick and file expensive claims, these insurance companies 
initiate investigations to scrutinize the details of the 
policyholder's application materials and medical records. If 
the insurance companies find discrepancies, omissions, or 
misrepresentations, they can retroactively cancel policies, 
return premiums, and refuse payment for incurred medical 
services.
    The investigation also uncovered evidence that some 
insurance companies rescind coverage even when discrepancies 
are unintentional or caused by others; insurance companies 
rescind coverage for conditions that are unknown to 
policyholders; some insurance companies rescind coverage for 
discrepancies unrelated to the medical conditions for which the 
insured patient sought medical care; insurance companies 
rescind coverage for family members who committed no 
misrepresentations; insurance companies automatically 
investigate medical histories for all policyholders with 
certain conditions; and insurance companies have evaluated 
employee performance based on the amount of money their 
employees saved the company through rescissions.
    The Patient Protection and Affordable Care Act (P.L. 111-
148), signed into law by President Obama on March 23, 2010, 
banned the practice of rescissions that the Subcommittee 
investigated. America's Health Insurance Plans, a trade 
association that represents health insurers nationwide, 
announced that insurance companies would comply with the health 
reform rescission standards in May 2010, four months ahead of 
the law's requirements.

         INSURED BUT NOT COVERED: THE PROBLEM OF UNDERINSURANCE

    The Subcommittee scrutinized the problem of healthcare 
underinsurance. Underinsurance--when individuals have health 
insurance policies that do not adequately cover their health 
care expenses--can result from a variety of limitations within 
insurance policies and can lead to medical debt, medically-
related bankruptcy, and ``spending down'' of household income 
in order to qualify for Medicaid and other government 
assistance. Escalating health costs have exacerbated the 
problem of underinsurance, with an estimated 25 million 
underinsured Americans in 2007.
    On October 15, 2009, the Subcommittee held a hearing titled 
``Insured But Not Covered: The Problem of Underinsurance.'' The 
Subcommittee heard from individual policy holders and community 
stakeholders regarding their experiences with underinsurance. 
The Patient Protection and Affordable Care Act (P.L. 111-148), 
signed into law by President Obama on March 23, 2010, will ease 
the problem of underinsurance by eliminating lifetime caps and 
mandating an ``essential health benefit'' package that must 
cover basic expenses in the individual health insurance market 
beginning in 2014.

  THE HIGH COST OF SMALL BUSINESS HEALTH INSURANCE: LIMITED OPTIONS, 
                            LIMITED COVERAGE

    Small businesses are at a competitive disadvantage in the 
private health insurance market. Small businesses pay higher 
costs compared to large businesses for the same policy due to 
higher per-employee administrative costs, higher broker fees, 
and underwriting rules that allow for high premiums for sicker 
and older workers.
    Small companies pay on average about 18% more than large 
employers for the same level of coverage, and these costs keep 
rising. The average annual cost of a family premium for 
employer-sponsored health coverage in a small firm was $12,696 
in 2009, an increase of 30% since 2004 and 123% since 1999. 
Small businesses can experience steep annual premium increases, 
which creates significant budgeting challenges for the small 
firms that provide health coverage to employees. In a 2009 
survey, 15% of small businesses reported being offered renewal 
premium rate increases of over 20% for the plan they had held 
the year before.
    As a result of these steep increases, a growing number of 
small businesses simply cannot afford to provide health 
insurance benefits to their employees. While 98% of firms with 
200 or more employees offer health benefits, only 59% of those 
with fewer than 200 employees offer health benefits. The 
smaller the firm, the less likely it is to offer health 
coverage. Only 46% of firms with 3-9 employees offer coverage, 
a decline from 58% in 2002. Most small firms not offering 
health coverage cite cost as the ``most important reason'' for 
their inability to offer it.
    At an October 20, 2009, Subcommittee hearing titled ``The 
High Cost of Small Business Health Insurance: Limited Options, 
Limited Coverage,'' several small business owners testified 
about their commitment to providing health coverage for their 
employees, steep premium increases they had experienced after 
employees became ill, and difficult decisions they faced about 
cutting coverage or cutting jobs to make up for the rising cost 
of health benefits. Urban Institute health policy and economics 
expert Linda Blumberg testified about the unique struggles of 
small businesses in the health insurance market and the ways in 
which the Patient Protection and Affordable Care Act (P.L. 111-
148) would offer relief to small business owners and their 
workers.

 H1N1 PREPAREDNESS: AN OVERVIEW OF VACCINE PRODUCTION AND DISTRIBUTION

    Following the spread of a fast-moving and lethal strain of 
H1N1 influenza in early 2009, the Subcommittee on Oversight and 
Investigations and the Subcommittee on Health examined the 
sufficiency of the government's response to the virus. In a 
joint hearing titled ``H1N1 Preparedness: An Update of Vaccine 
Production and Distribution,'' held November 4, 2009, the 
Subcommittees took testimony from representatives from the 
Centers for Disease Control and Prevention (CDC), the 
Department of Health and Human Services, the Food and Drug 
Administration, vaccine producers, and a local health 
commissioner. The Subcommittee examined lessons learned to 
prevent delays and panic in response to future pandemics.

    PREMIUM INCREASES BY ANTHEM BLUE CROSS IN THE INDIVIDUAL HEALTH 
                            INSURANCE MARKET

    The Subcommittee held a hearing on February 24, 2010, 
titled ``Premium Increases by Anthem Blue Cross in the 
Individual Health Insurance Market'' to investigate proposed 
premium rate increases by as much as 39% by Anthem Blue Cross, 
a subsidiary of WellPoint, Inc., in the individual health 
insurance market in California.
    The Subcommittee's investigation uncovered internal company 
documents that appeared to undermine WellPoint's assertion that 
increasing profits was not a factor in the proposed rate 
increase and that the proposed 25% average rate increase was 
necessary. Corporate documents indicated that the rate 
increases could have been even higher for some plans and 
suggested that WellPoint's business plan included moving 
consumers into less comprehensive plans. Documents also showed 
that WellPoint developed a 12-point plan to reduce its medical 
loss ratio, the proportion of premium revenues that a health 
insurance plan uses to pay medical claims.
    Following the hearing, Anthem Blue Cross postponed the 
premium rate increases and subsequently canceled the hikes in 
April 2010 after errors were uncovered in the documentations 
Anthem submitted to the California Department of Insurance to 
justify the proposed rate increases.

                         Reports and Memoranda


 PROFITS, MARKETING, AND CORPORATE EXPENSES IN THE MEDICARE ADVANTAGE 
                                 MARKET

    At the request of Committee Chairman Waxman and 
Subcommittee Chairman Stupak, the majority staff released in 
December 2009 a report titled ``Profits, Marketing, and 
Corporate Expenses in the Medicare Advantage Market,'' offering 
insights into the Medicare Advantage market by analyzing data 
from 34 major Medicare Advantage insurers. The Subcommittee 
obtained information on premium revenues, medical claims 
payments, marketing costs, administrative expenses, executive 
compensation, corporate retreats, and profits.
    The investigation found that from 2005 through 2008, the 
average Medicare Advantage insurer spent over 15% of premium 
revenue on profits, marketing, and other corporate expenses. 
The total amount spent on profits, marketing, and other 
corporate expenses by Medicare Advantage insurers over the last 
four years was $27 billion. If Medicare Advantage insurers had 
been required to spend at least 85% of their total premium 
revenues on medical claims, they would have spent an additional 
$3 billion on their beneficiaries' medical care from 2005 
though 2008.
    The investigation also found that in 2007 and 2008, 
Medicare Advantage insurers with medical loss ratios lower than 
85% paid their executives more than $1.2 billion and spent 
millions on expensive corporate retreats.

      MATERNITY COVERAGE IN THE INDIVIDUAL HEALTH INSURANCE MARKET

    In October 2010, Committee Chairman Waxman and Subcommittee 
Chairman Stupak released a staff memorandum detailing the 
findings of an investigation into maternity coverage in the 
individual health insurance market. The memorandum found that 
(1) pregnant women, expectant fathers, and families in the 
process of adoption are unable to obtain health insurance in 
the individual market; (2) many health insurance plans in the 
individual market do not provide coverage for medical costs 
related to pregnancy; and (3) health insurance companies have 
business plans to reduce the coverage of maternity expenses in 
the individual market.
    The four largest for-profit health insurance companies, 
Aetna, Humana, UnitedHealth Group, and WellPoint, have each 
listed pregnancy as a medical condition that would result in an 
automatic denial of individual health insurance coverage. 
Health insurance companies also sometimes exclude from coverage 
expectant fathers, candidates for surrogacy--whether they are 
the surrogate or recipient--and those in the process of 
adoption. Health insurance companies often exclude maternity 
care from coverage in the individual market. Not only do the 
insurance companies deny coverage to expectant parents, they 
often exclude maternity coverage from the plans they offer 
individuals who are not expecting at the time they subscribe. 
Women who cannot obtain maternity coverage under their standard 
insurance policies can sometimes purchase riders to provide 
some coverage. These riders, however, are expensive and offer 
limited benefits with high deductibles.
    The heath care reform legislation signed into law by 
President Obama will halt the practice of denying coverage to 
expectant parents. Under the Patient Protection and Affordable 
Care Act (P.L. 111-148), individual health insurance policies 
will be required to cover maternity expenses in the individual 
health insurance market. Beginning in 2014, health insurance 
companies will no longer be able to deny coverage to women 
because they are pregnant or exclude maternity-related claims.

 COVERAGE DENIALS FOR PRE-EXISTING CONDITIONS IN THE INDIVIDUAL HEALTH 
                            INSURANCE MARKET

    In October 2010, Committee Chairman Waxman and Subcommittee 
Chairman Stupak released a staff memorandum detailing the 
findings of an investigation into coverage denials for pre-
existing conditions in the individual health insurance market. 
The memorandum found that (1) the four largest for-profit 
health insurance companies denied more than 600,000 individuals 
coverage because of pre-existing conditions in the 3 years 
before passage of health care reform legislation and (2) the 
number of coverage denials increased significantly each year.
    From 2007 through 2009, the four largest for-profit health 
insurance companies, Aetna, Humana, UnitedHealth Group, and 
WellPoint, refused to issue health insurance coverage to more 
than 651,000 people based on their prior medical history. On 
average, the four companies denied coverage to one out of every 
seven applicants based on a pre-existing condition. One of the 
four companies maintained a list of more than 400 medical 
diagnoses that triggered a permanent denial of health insurance 
coverage to applicants.
    From 2007 through 2009, the number of people denied 
coverage for pre-existing conditions increased at a rapid rate. 
The number of individuals denied coverage by Aetna, Humana, 
UnitedHealth Group, and WellPoint increased from 172,400 in 
2007 to 257,100 in 2009, an increase of 49%. During the same 
period, applications for enrollment increased by only 16%. From 
2007 through 2009, Aetna, Humana, UnitedHealth Group, and 
WellPoint refused to pay 212,800 claims for medical treatment 
due to pre-existing conditions. In some cases, the companies 
offered health insurance to individuals with pre-existing 
conditions, but used medical riders to exclude coverage or 
increase deductibles for claims related to pre-existing 
conditions.
    The Patient Protection and Affordable Care Act (P.L. 111-
148) signed into law by President Obama prohibits the use of 
pre-existing conditions to deny coverage or claims. This 
provision became effective with respect to dependent children 
for policies issued on or after September 23, 2010. For adults, 
the ban on the use of pre-existing conditions takes effect on 
January 1, 2014. As a result, insurance companies will no 
longer be able to deny health coverage to people due to their 
medical history. The companies also will not be permitted to 
deny claims for treatments related to pre-existing conditions, 
and they will not be allowed to charge higher premiums based on 
covering individuals with pre-existing conditions.

                     Other Investigative Activities


             INTERNATIONAL LABOR PRACTICES BY PHILIP MORRIS

    On July 16, 2010, the Subcommittee requested information 
from Philip Morris International on its labor practices in 
Kazakhstan and other Philip Morris International production 
markets. Independent entities had criticized the alleged 
exploitation of migrant farm workers employed by tobacco farm 
owners for seasonal work in Kazakhstan. Farm owners in 
Kazakhstan supply tobacco solely to Philip Morris Kazakhstan, a 
subsidiary of Philip Morris International. The Subcommittee 
continues to monitor international labor practices in the 
tobacco industry.

            SALES AND MARKETING OF FLAVORED TOBACCO PRODUCTS

    On September 22, 2009, the Food and Drug Administration 
banned the sale of flavored cigarettes, including those 
flavored with clove. FDA took this action under the authority 
of the Family Smoking Prevention and Tobacco Control Act (P.L. 
111-31), a law that originated within the Energy and Commerce 
Committee. On October 2, 2009, the Subcommittee on Oversight 
and Investigations requested information from several tobacco 
manufacturers regarding reports the companies were attempting 
to circumvent FDA's ban on the sale of flavored cigarettes. The 
Subcommittee continues to monitor the implementation of the 
Family Smoking Prevention and Tobacco Control Act.

          MARKETING AND SALES OF TOBACCO PRODUCTS TO CHILDREN

    On April 22, 2010, the Subcommittee sent letters to six 
tobacco companies regarding changes in their marketing and 
production policies and practices as a result of the enactment 
of the Family Smoking Prevention and Tobacco Control Act (P.L. 
111-31), the Children's Health Insurance Program 
Reauthorization Act (P.L. 111-3), and related regulations. The 
Subcommittee continues to monitor the implementation of the 
Family Smoking Prevention and Tobacco Control Act, the 
Children's Health Insurance Program Reauthorization Act, and 
related regulations.

   LONG-TERM HEALTH EFFECTS EXPERIENCED BY OIL SPILL RESPONSE WORKERS

    On July 1, 2010, Committee Chairman Waxman, Subcommittee 
Chairman Stupak, and Subcommittee on Health Chairman Pallone 
requested information and documents from Exxon Mobil 
Corporation related to health effects experienced by workers 
involved in the response to the Exxon Valdez oil spill. This 
inquiry was part of the Committee's investigation of the 
explosion on the Deepwater Horizon drilling rig and the 
subsequent oil spill. The Subcommittee continues to review 
Exxon Mobil's responses to understand better how to address the 
health impact on workers who assist in the Deepwater Horizon 
oil spill response effort.

                            MEDICAL DEVICES

    Committee Chairman Waxman, Subcommittee Chairman Stupak, 
and Subcommittee on Health Chairman Pallone continued an 
inquiry into the rules and procedures used by the Food and Drug 
Administration to ensure that medical devices are safe and 
effective. As part of this investigation, the Subcommittee 
requested that the agency reexamine its decision in December 
2008 to approve the Menaflex Collagen Scaffold, an orthopedic 
medical device used in the knee and manufactured by ReGen 
Biologics, Inc. The Subcommittee had received allegations that 
FDA approved the device over the objection of FDA scientists. 
On October 13, 2010, the FDA announced that it would rescind 
the marketing clearance for ReGen's device because it should 
not have been approved without additional data demonstrating 
safety and effectiveness.

                         FDA ADVISORY COMMITTEE

    The Subcommittee requested information from the Food and 
Drug Administration and Eli Lilly regarding the removal of a 
doctor from an FDA advisory committee reviewing the drug 
Prasugrel. The removal occurred after Eli Lilly, the 
manufacturer of the drug, contacted FDA officials with concerns 
about the doctor's prior criticism of the drug. Following the 
Committee's investigation, FDA officials acknowledged the 
agency had made a ``mistake'' by removing a doctor on the basis 
of an alleged intellectual conflict-of-interest. In April 2010, 
FDA released draft guidance that proposed the agency expand 
information disclosed about conflict-of-interest waivers for 
scientific advisers.

               Hearing and Other Investigative Activities


                       Pertaining to Food Safety


                                Hearings


  THE SALMONELLA OUTBREAK: THE CONTINUED FAILURE TO PROTECT THE FOOD 
                                 SUPPLY

    In late 2008, the Centers for Disease Control and 
Prevention identified an outbreak of Salmonella associated with 
peanut butter that sickened more than 600 people in 44 states 
and Canada. The Peanut Corporation of America (PCA) 
manufactured tainted peanut products that were sold to 
elementary schools, nursing homes, and hospitals. PCA 
voluntarily recalled the tainted products on January 13, 2009.
    On February 11, 2009, the Subcommittee held a hearing 
titled ``The Salmonella Outbreak: The Continued Failure to 
Protect the Food Supply.'' At this hearing, lawmakers released 
internal corporate communications between PCA officials that 
demonstrated that the company distributed tainted products even 
though they knew their products were testing positive for 
Salmonella. Stewart Parnell, the President of PCA, invoked his 
Fifth Amendment right not to testify at the hearing.
    Following the hearing, on July 30, 2009, the House of 
Representatives passed H.R. 2749, the Food Safety Enhancement 
Act. Additionally, HHS launched a revised food safety website 
and FDA mandated more rapid food safety reporting.

    THE SALMONELLA OUTBREAK: THE ROLE OF INDUSTRY IN PROTECTING THE 
                          NATION'S FOOD SUPPLY

    On March 19, 2009, the Subcommittee held a hearing titled 
``The Salmonella Outbreak: The Role of Industry in Protecting 
the Nation's Food Supply.'' This hearing examined the 
obligations and actions of manufacturers and retailers that 
purchased tainted peanut products from the Peanut Corporation 
of America (PCA).
    The Subcommittee heard testimony from three companies that 
purchased peanut products from PCA despite knowing of sanitary 
problems at PCA plants in Georgia and Texas. The Subcommittee 
questioned officials from the three companies, King Nut Peanut 
Butter, Austin Peanut Butter Crackers, and Vitamin Cottage 
Organic Peanut Butter, about their efforts to ensure the safety 
of the ingredients they used and the final products they 
manufactured. Members of the Subcommittee also questioned the 
propriety of having private, for-profit auditing firms inspect 
the facilities of PCA and other suppliers, while being paid by 
the companies they inspect.
    Following the hearing, on July 30, 2009, the House of 
Representatives passed H.R. 2749, the Food Safety Enhancement 
Act. Additionally, HHS launched a revised food safety website 
and FDA mandated faster food safety reporting.

        THE ROLE AND PERFORMANCE OF FDA IN ENSURING FOOD SAFETY

    The Subcommittee held a hearing on May 6, 2010, titled 
``The Role and Performance of FDA in Ensuring Food Safety.'' 
The Subcommittee heard testimony from the Government 
Accountability Office and Health and Human Services Office of 
the Inspector General (HHS OIG) about reports assessing FDA's 
challenges and performance at ensuring food safety.
    In GAO's report on the safety of imported food, it found 
that FDA needs to improve its coordination with other agencies 
on enforcement. For example, GAO testified that FDA and Customs 
and Border Protection should work together to assign a unique 
identification number to firms that import food. GAO also 
questioned whether FDA's current penalties are sufficient to 
deter an importer from violating FDA requirements. GAO found 
that the monetary bond required to provide assurance that food 
shipments into the United States meet U.S. requirements was too 
small to deter importers from violating U.S. law, and that some 
importing firms view it as merely a cost of doing business.
    The HHS OIG report focused on FDA's inspections of domestic 
food facilities. The HHS OIG found that FDA inspected only 24% 
of food facilities each year between 2004 and 2008. The number 
of FDA inspections declined during that time, even as the 
number of facilities increased. Over the course of five years, 
FDA failed to inspect 56% of facilities that were subject to 
its authority and only inspected an additional 14% once.

                   THE OUTBREAK OF SALMONELLA IN EGGS

    The Subcommittee held a hearing on September 22, 2010, 
titled ``The Outbreak of Salmonella in Eggs.'' Wright County 
Egg and Hillandale Farms of Iowa issued a nationwide voluntary 
recall of potentially tainted shell eggs in August 2010 after 
an outbreak of Salmonella in this country. The two companies 
voluntarily recalled approximately 550 million eggs due to 
possible Salmonella contamination.
    In the course of its investigation, the Subcommittee 
obtained records showing that Wright County Egg confirmed 
Salmonella contamination in its Iowa facilities prior to the 
widespread outbreak of illness caused by tainted eggs. 
Environmental sample reports between 2008 and 2010 indicate 
that Wright County Egg received 426 positive results for 
Salmonella, including 73 samples that were potentially positive 
for Salmonella Enteritidis, the same strain that sickened 
nearly 1,600 people during the 2010 outbreak.
    The Subcommittee again raised concerns about third party 
auditors that inspect food facilities. Wright County Egg 
received favorable inspections from AIB, a private for-profit 
auditing firm that had also positively evaluated Peanut 
Corporation of America prior to the outbreak of Salmonella in 
peanut butter in 2009.
    At the hearing, the Subcommittee heard testimony from the 
Owner of Wright County Egg and the Chief Operating Officer of 
the company. The President of Hillandale Farms of Iowa, Orland 
Bethel, invoked his Fifth Amendment right not to testify at the 
hearing.

                        Investigative Activities


                         KELLOGG CEREAL RECALL

    On July 25, 2010, Kellogg Company recalled 24 million boxes 
of cereal products due to reports of an uncharacteristic smell 
and taste. The Subcommittee sent a letter on August 2, 2010, to 
Kellogg Company requesting information regarding its procedures 
and policies for handling the recall. Through briefings from 
Kellogg and officials from the Food and Drug Administration and 
the Environmental Protection Agency, the Subcommittee was 
assured that the cause of the smell and taste had been 
identified and that the recall resulted in the removal of 
affected products from grocery shelves. The Subcommittee will 
continue to monitor food recalls to assess the need for further 
legislative and oversight activity.

  Hearings and Investigative Activities Pertaining to Energy and the 
                              Environment


                                Hearings


                   THE BP DEEPWATER HORIZON OIL SPILL

    On April 20, 2010, the Deepwater Horizon oil rig exploded 
in the Gulf of Mexico, killing 11 people and injuring 15. Over 
the course of the next 87 days, the spill dumped 4.9 million 
barrels of oil, or 205.8 million gallons, into the Gulf of 
Mexico. The explosion forever changed the lives of those 
onboard the rig who survived and the surviving relatives of 
those who died. The oil spill also had far reaching 
implications for coastal waters and lands as well as the Gulf 
region's recently reviving economy.
    The Subcommittee's investigation revealed numerous key 
safety decisions that increased the risk of a blowout and 
identified important concerns about equipment failure and human 
error on the rig. The investigation supported legislative 
activity initiated in the Subcommittee on Energy and 
Environment that resulted in passage by the full Committee of 
the ``Blowout Prevention Act of 2010.''

        INQUIRY INTO THE DEEPWATER HORIZON GULF COAST OIL SPILL

    Soon after the April 20, 2010, explosion at the Deepwater 
Horizon oil drilling rig at the Macondo well site in the Gulf 
of Mexico, the Committee sent a series of letters requesting 
briefings and documents from companies involved in work at the 
site. The rig, which belonged to Transocean Limited, was leased 
by BP. Halliburton performed cement work on the Macondo well in 
the days leading up to the explosion, and Cameron International 
manufactured the blowout preventer (BOP), a machine intended to 
seal off an out-of-control well before it results in an 
explosion. In earlier Congresses, the Committee examined a 2005 
explosion at BP's Texas City refinery that took 15 lives and a 
massive leak in 2006 at a BP pipeline in Prudhoe Bay, Alaska. 
The inquiry into the blowout at a BP deepwater exploratory well 
built on the Committee's prior work.
    On May 12, 2010, the Subcommittee held a hearing titled 
``Inquiry into the Deepwater Horizon Gulf Coast Oil Spill,'' 
the first in a series of hearings into the causes of the 
disaster at the Macondo well site. The Subcommittee heard 
testimony from Transocean, BP, Halliburton, and Cameron, 
examining what could have caused the accident and why the BOP 
did not stop the well's flow.
    In preparation for the hearing, the Subcommittee was 
briefed on multiple occasions by each of the companies that 
testified at the hearing, by a number of additional companies 
performing services at the Macondo Well, and by a range of 
academic and independent experts in deepwater and offshore 
drilling. The Subcommittee requested and reviewed tens of 
thousands of pages of documents prior to the hearing and 
identified several key documents that suggested potential 
causes of the blowout at the well.

            LOCAL IMPACT OF THE DEEPWATER HORIZON OIL SPILL

    The Subcommittee's second hearing concerning the BP 
Deepwater Horizon oil spill focused on the personal impact of 
the explosion and subsequent spill on families of those on the 
rig, the financial impact on local businessmen and fishermen, 
and the environmental impact on the Gulf region's waters, 
marshes, and coastal lands. During the week of June 7, 2010, 
Subcommittee members toured marshes that had been penetrated by 
oil, met with a local organization working to restore wildlife 
in the marshes, and visited the site of the explosion.
    On June 8, 2010, the Subcommittee held a field hearing in 
Chalmette, Louisiana, titled ``Local Impact of the Deepwater 
Horizon Oil Spill.'' At the hearing, two widows of men who died 
on the rig talked about the need for reform of laws relating to 
compensation of victims' families and asked that members of 
Congress work to hold the industry accountable. Local small 
business owners testified about the difficulties they 
encountered providing for their families as a result of the 
spill and expressed concerns about the BP claims process for 
those who lost income due to the oil spill. Scientists informed 
the Subcommittee of the potential long-term health effects of 
the oil spill on Gulf area residents and local wildlife.

    THE ROLE OF BP IN THE DEEPWATER HORIZON EXPLOSION AND OIL SPILL

    The third in the series of hearings on the explosion at the 
Deepwater Horizon oil drilling rig and oil spill focused on the 
role of BP, which leased the rig from Transocean. Under federal 
law, BP is considered the ``responsible party'' and is required 
to fund the response and cleanup. In addition, as the oil 
producer that leased the well, BP was responsible for the 
design of the well and the retention of contractors to 
implement its drilling plans.
    In preparation for the hearing, the Subcommittee reviewed 
tens of thousands of additional pages of documents provided by 
the companies working at the Macondo well, regulatory materials 
relating to the planning and permitting of the design and plans 
for the well, and received briefings from a number of the 
companies involved at the well site. The Subcommittee also 
conducted a transcribed interview of a Halliburton employee in 
order to develop the record of decision-making related to 
several well design issues.
    The Subcommittee's investigation identified several key 
questions about choices that BP officials made in its well 
design and measures that could have been taken to mitigate 
identified risks. The Subcommittee transmitted a letter to Tony 
Hayward, Chief Executive of BP, three days before the hearing 
that posed several specific questions about choices BP made 
that potentially saved time or money, but increased risk. Mr. 
Hayward appeared before the Subcommittee on June 17, 2010, at a 
hearing titled ``The Role of BP in the Deepwater Horizon 
Explosion and Oil Spill'' to testify about BP's decision-making 
leading up to the explosion.

 THE ROLE OF THE INTERIOR DEPARTMENT IN THE DEEPWATER HORIZON DISASTER

    The Subcommittee continued its investigation of the 
explosion of the Deepwater Horizon drilling rig by examining 
the role of the Department of the Interior (DOI) in regulating 
deepwater drilling in the decade preceding the disaster. The 
Subcommittee focused on regulatory developments that 
facilitated increased drilling in the Outer Continental Shelf, 
as well as the DOI's actions in responding to the spill at the 
Macondo well site.
    In a joint hearing of the Subcommittee on Oversight and 
Investigations and the Subcommittee on Energy and Environment 
on July 20, 2010, titled ``The Role of the Interior Department 
in the Deepwater Horizon Disaster,'' the Subcommittees examined 
the DOI's actions before and after the explosion and oil spill, 
taking testimony from two former Secretaries of the Interior, 
Gale Norton and Dirk Kempthorne, and Ken Salazar, the current 
Secretary of the Interior.

                     Other Investigative Activities


                      SAN BRUNO PIPELINE EXPLOSION

    A natural gas pipeline owned by Pacific Gas & Electric 
exploded in a residential neighborhood in San Bruno, 
California, on September 9, 2010. Eight people were killed and 
there was significant property damage. The Subcommittee was 
briefed by Pacific Gas & Electric within a few days of the 
explosion about the measures it was taking to respond to the 
incident and its preliminary explanation for the explosion. On 
September 14, 2010, Committee Chairman Waxman and Subcommittee 
Chairman Stupak requested briefings from regulators and 
investigators with responsibility in the incident. The 
Subcommittee requested briefings from the Department of 
Transportation's Pipeline and Hazardous Materials Safety 
Administration, and the National Transportation Safety Board 
(NTSB).
    Subcommittee staff received several briefings from the 
aforementioned agencies and from Pacific Gas & Electric, the 
owner of the pipeline. The Subcommittee also has been briefed 
by state regulators. The Subcommittee continues to monitor the 
results of the NTSB investigation.

                BP'S CORPORATE ADVERTISING AND MARKETING

    Committee Chairman Waxman and Subcommittee Chairman Stupak 
sent a letter on August 16, 2010 to BP America, Inc., to follow 
up on a verbal request by Committee member Rep. Kathy Castor of 
Florida for information on BP's spending on corporate 
advertising and marketing relating to the Deepwater Horizon oil 
spill and relief, recovery, and restoration efforts in the Gulf 
of Mexico. Rep. Castor raised the issue because of concerns 
about Gulf businesses and families struggling to deal with the 
costs of the disaster. The Subcommittee reviewed records and 
data provided by BP about their corporate advertising before 
and after the April 20, 2010, explosion at the Deepwater 
Horizon and transmitted a letter to Rep. Castor regarding BP's 
spending. The letter was made available to all Committee 
members on September 1, 2010, on the Committee on Energy and 
Commerce website.

                         ALASKA PIPELINE SAFETY

    The Trans-Alaska Pipeline System (TAPS) is vital to energy 
security for the United States. Serious safety and production 
incidents prompted Committee Chairman Waxman and Subcommittee 
Chairman Stupak to request updated information regarding the 
safe operation of the Trans-Alaska Pipeline System from BP 
Exploration (Alaska) Inc. and from Alyeska Pipeline Service 
Company. The Subcommittee continues to monitor TAPS to ensure 
that safety and security remain at the highest standards.

                    MARINER ENERGY OIL RIG EXPLOSION

    On September 2, 2010, an explosion on an oil rig in the 
Gulf of Mexico owned by Mariner Energy, Inc. prompted Committee 
Chairman Waxman and Subcommittee Chairman Stupak to request a 
briefing on the incident and its possible causes. The 
Subcommittee received a briefing from the company and continues 
to monitor safety on off-shore oil rigs.

 Hearings and Investigative Activities Pertaining to Commerce, Trade, 
                        and Consumer Protection


                                Hearings


                        AUTO DEALERSHIP CLOSURES

    In connection with the 2008 financial crisis and the 
lending of funds to automobile manufacturers under the Troubled 
Asset Relief Program (TARP), created under P.L. 110-343, the 
Subcommittee examined plans of Chrysler and General Motors (GM) 
to terminate nearly 2,000 automobile dealerships. In 2008, 
General Motors and Chrysler lost $30.9 billion and $17 billion 
respectively; both companies filed for bankruptcy. GM and 
Chrysler both received TARP funding and U.S. government 
assistance to stabilize the companies during their bankruptcy 
reorganizations. In the bankruptcy process, GM announced plans 
to close roughly 1,200 dealerships and Chrysler announced plans 
to close 789 dealerships nationwide.
    On June 12, 2009, the Subcommittee held a hearing titled, 
``GM and Chrysler Dealership Closures and Restructuring.'' 
Members heard testimony from the President of Chrysler, the 
Chief Executive Officer of GM, and numerous car dealers from 
across the country.

                      REGULATION OF BOTTLED WATER

    On July 2, 2009, the Subcommittee held a hearing titled 
``Regulation of Bottled Water'' to investigate the current 
federal regulations that govern the safety of bottled drinking 
water and tap water. Tap water providers are required to notify 
the public of contamination, use certified laboratories for 
testing, retain testing records for at least five years, 
provide consumer confidence reports, and are subject to federal 
oversight of state implementation of safety regulations. 
Bottled water manufacturers are not required to abide by any of 
these regulations.
    The Subcommittee received two reports that raised questions 
about why the regulations governing bottled water are weaker 
than those governing tap water, as well as questions about the 
widespread public perception that bottled water is healthier 
than water from the tap. A Government Accountability Office 
report reviewed federal safety and consumer protection 
provisions governing tap water and bottled water. A second 
report was prepared by the Environmental Working Group, which 
surveyed labels and websites of bottled water manufacturers.
    Both reports raised concerns that bottled water is not 
subject to the same level of regulation as tap water. They also 
raised concerns that consumers may not have accurate or 
complete information about the content and quality of water 
they purchase in plastic containers.

          CRIB SAFETY: ASSESSING THE NEED FOR BETTER OVERSIGHT

    Following recalls by the Consumer Product Safety Commission 
(CPSC) of more than two million drop-side cribs prompted by a 
series of infant deaths, the Subcommittee on Oversight and 
Investigations examined the need for stronger federal safety 
standards for cribs. The Consumer Product Safety Improvement 
Act requires the CPSC to develop safety standards for nursery 
products, and CPSC Chairman Inez Tenenbaum stated that the 
Commission would promulgate new crib safety regulations in the 
months following the recalls.
    On January 21, 2010, the Subcommittee held a hearing titled 
``Crib Safety: Assessing the Need for Better Oversight,'' at 
which CPSC Chairman Tenenbaum testified, along with a consumer 
advocate, a crib certifying association, and the mother of an 
infant victim.

    RESPONSE BY TOYOTA AND NHTSA TO INCIDENTS OF SUDDEN UNINTENDED 
                              ACCELERATION

    On August 28, 2009, a fatal crash of a Lexus vehicle in San 
Diego, California, brought public attention to the problem of 
sudden unintended acceleration. A passenger in the Lexus called 
911 to report that the vehicle would not stop. The driver, an 
experienced California Highway Police Officer, was unable to 
control the vehicle and it eventually crashed. All four 
passengers in the car were killed.
    Since the August 2009 crash, Toyota has issued several 
recalls relating to acceleration and accelerator pedals. 
Millions of vehicles were covered by these recalls. While the 
recalls focused on mechanical causes of unintended 
acceleration--in particular, floor mat entrapment and 
``sticky'' pedals caused by condensation--many consumers and 
auto safety experts suspected a cause related to vehicle 
electronics. In public statements, Toyota strongly denied a 
link between sudden unintended acceleration and electronic 
systems in its cars and trucks. After Toyota announced its 
recalls, the National Highway Transportation Safety 
Administration (NHTSA) launched a broad review of electronic 
throttle systems that will involve intense scrutiny of 
suppliers and manufacturers by NHTSA engineers and independent 
experts.
    At a February 23, 2010, Subcommittee hearing titled 
``Response by Toyota and NHTSA to Incidents of Sudden 
Unintended Acceleration,'' a Toyota driver testified about her 
experience with sudden unintended acceleration and two auto 
safety experts testified about potential links between sudden 
unintended acceleration and vehicle electronics. President of 
Toyota Motor Sales Jim Lentz testified about the company's 
recalls and conceded to Committee Chairman Waxman that the 
recalls may not reach the cause of all sudden unintended 
acceleration events.
    Department of Transportation Secretary Ray LaHood testified 
about NHTSA's previous examinations of sudden unintended 
acceleration and committed to broader efforts to understand the 
problem and to hold automakers accountable for defects in their 
vehicles. NHTSA is continuing its investigation into the causes 
of sudden unintended acceleration and regularly updating the 
Subcommittee on its findings.

    UPDATE ON TOYOTA AND NHTSA'S RESPONSE TO THE PROBLEM OF SUDDEN 
                        UNINTENDED ACCELERATION

    The Subcommittee continued its inquiry into the problem of 
sudden unintended acceleration, focusing on the role of 
electronics in instances of sudden unintended acceleration. The 
Subcommittee examined the work of Exponent, hired by Toyota to 
examine the potential causes of unintended acceleration, and 
National Highway Transportation Safety Administration's 
announcement that it had commissioned studies of the problem by 
the National Academy of Sciences and NASA.
    On May 20, 2010, the Subcommittee held a hearing titled 
``Update on Toyota and NHTSA's Response to the Problem of 
Sudden Unintended Acceleration,'' on the continued response to 
unintended acceleration in Toyotas, questioning witnesses David 
Strickland, NHTSA Administrator, and James Lentz, President and 
CEO of Toyota Motor Sales.

 DIRECT-TO-CONSUMER GENETIC TESTING AND THE CONSEQUENCES TO THE PUBLIC 
                                 HEALTH

    Personal genetic testing kits are marketed to consumers as 
a tool to predict whether a person may be genetically 
predisposed to develop diseases such as breast cancer, 
diabetes, cystic fibrosis, celiac disease, cancer, and other 
conditions. The tests also can be used to determine a person's 
ancestry. Some of the companies that offer these genetic 
testing kits also suggest that the tests can predict how 
individuals may react to prescription drugs taken to treat 
conditions such as HIV and heart disease.
    Genetic testing kits can cost as little as $20 and are 
available over the internet. Typically, a consumer receives the 
kit in the mail, swabs the inside of the cheek to pick up a DNA 
sample, and mails the sample to the company that sold the 
genetic testing kit. The genetic testing company either 
conducts its own analysis of the DNA sample through an in-house 
laboratory or sends the DNA sample to an outside laboratory. 
Several companies offer different levels of genetic analysis 
that can cost the consumer anywhere from $229 to $999.
    In 2006, GAO conducted an investigation into nutrigenetic 
testing (i.e. genetic testing used to tailor diet and exercise 
products to individual consumers) for the U.S. Senate Special 
Committee on Aging, and found that these tests mislead 
consumers by making medically unproven and ambiguous claims. As 
follow-up, in March 2009, Chairman Waxman and several members 
of the Subcommittee informed the GAO that they were concerned 
that ``the genetic testing market appears to have expanded 
rapidly and consumer fraud in this area is on the rise,'' and 
asked GAO to investigate these issues in the industry and 
report to the Subcommittee on its findings. GAO's Forensic 
Audit and Special Investigations Unit conducted an 
investigation into various genetic testing companies. GAO found 
that companies used deceptive marketing and produced 
inconsistent results.
    Separately, the Subcommittee conducted an independent 
investigation, reviewing more than 450,000 documents and 
interviewing a wide range of scientists, genetic counselors, 
and other experts in the genetic testing field. The 
Subcommittee identified concerns about questionable marketing 
claims, quality control, privacy protection, and the accuracy 
of information provided to consumers.
    At a July 22, 2010, hearing titled ``Direct-To-Consumer 
Genetic Testing and the Consequences to the Public Health,'' 
testimony was given by FDA, GAO, an outside expert and 
representatives of genetic testing companies about the 
inconsistencies in testing results and potential negative 
effects on consumers. FDA began meeting with genetic testing 
companies following the hearing to discuss possible approaches 
to regulating direct to consumer genetic testing kits. The 
Subcommittee continues to monitor FDA's process to ensure that 
consumers are adequately protected.

                        Investigative Activities


 CADMIUM IN CHILDREN'S JEWELRY AND MCDONALD'S CORPORATION'S ``SHREK'' 
                             THEMED GLASSES

    An investigation in January 2010 by the Associated Press 
revealed the presence of cadmium in various children's jewelry 
items sold by retailers throughout the United States. Cadmium 
is a known cancer-causing agent that can hinder brain 
development in children.
    The Subcommittee requested information from retailers 
identified in the Associated Press report regarding their 
activities to identify, address and prevent hazardous materials 
from being used in children's jewelry and other products 
intended for children. The Subcommittee received briefings and 
reviewed information from each of the retailers.
    In June 2010, following a voluntary recall by McDonald's 
Corporation of approximately 12 million drinking glasses 
bearing designs of the animated character ``Shrek,'' Committee 
Chairman Waxman and Subcommittee Chairman Stupak requested 
information from McDonalds and Arc International, the 
manufacturer of the glasses. McDonald's Corporation and Arc 
International each provided briefings and relevant documents.
    In October 2010, the Consumer Product Safety Commission 
issued a staff report on cadmium in children's metal jewelry, 
recommending tests for evaluating children's exposure to 
cadmium-containing products.
    The Subcommittee continues to monitor hazardous chemicals 
in children's products and the efforts by CPSC to ensure that 
manufacturers and importers are keeping products that contain 
dangerous chemicals out of the stream of commerce.

                        IRON 44 HELICOPTER CRASH

    On November 24, 2009, Committee Chairman Waxman, Committee 
Ranking Member Barton, Subcommittee Chairman Stupak, and 
Subcommittee Ranking Member Walden sent a letter to the 
National Transportation Safety Board (NTSB) expressing concern 
about the ongoing NTSB investigation of a helicopter crash 
(known as the ``Iron 44'' crash) that occurred on August 5, 
2008. The Subcommittee received a briefing from NTSB on their 
investigation and possible causes of the accident.

                              BPA DANGERS

    On June 2, 2009, Committee Chairman Waxman and Subcommittee 
Chairman Stupak sent a letter to the Food and Drug 
Administration relating to the possible dangers of Bisphenol A 
(BPA), a chemical found in consumer products and food product 
containers, expressing particular concern about the danger of 
using BPA in infant formula containers and other items used by 
infants and children. Committee Chairman Waxman and 
Subcommittee Chairman Stupak asked FDA Commissioner Margaret 
Hamburg to reconsider the FDA's conclusion under the Bush 
Administration that BPA is safe at current estimated exposure 
levels. FDA is now pursuing multiple studies to determine BPA's 
effects on humans. The Subcommittee continues to monitor the 
outcomes of the ongoing studies.

                       FLAME RETARDANT CHEMICALS

    Flame retardant chemicals, such as polybrominated diphenyl 
ethers (PBDE), are used in various consumer products including 
pillows, mattresses, children's products, furniture foam, and 
television sets. California's flammability standard 
specifically requires the use of flame retardants in various 
products, which leads some manufacturers to incorporate flame 
retardants in products sold nationally. These chemicals contain 
toxins that can act as endocrine disruptors and may cause 
cancer and neurological defects.
    Recent studies link PBDEs to a rising number of children 
suffering from low birth weight, negative outcomes on 
neurological development tests, increasing occurrences of 
infertility, and firefighters with significantly elevated rates 
of four cancers. Various public health groups, environmental 
organizations, and firefighter associations have advocated for 
a change in California's flammability standard, as well as a 
widespread ban of these chemicals.
    The Subcommittee has investigated the issue extensively. 
Subcommittee staff received briefings from numerous scientists 
who have studied the issue, firefighters, furniture and other 
product manufacturers, as well as key federal and state 
agencies. The Subcommittee has also had several briefings with 
the principal manufacturers of flame retardant chemicals that 
are sold in the United States. In addition, the Committee 
requested documents from four flame retardant chemical 
manufacturers and has reviewed tens of thousands of pages of 
documents concerning the testing and marketing of such 
products. The Subcommittee is continuing its investigation into 
the environmental and health impacts relating to the use of 
flame retardant chemicals.

                   JAPANESE CASH FOR CLUNKERS PROGRAM

    Japan is the third largest automobile market in the world. 
In late 2009, the Japanese Government announced an economic 
stimulus package totaling 7.2 trillion yen ($81 billion U.S. 
dollars) that included an extension on an incentive program to 
purchase fuel efficient cars. This program was similar to the 
U.S. government's Car Allowance Rebate System (CARS), popularly 
known as ``Cash for Clunkers.''
    U.S. automobile manufacturers have exported cars to Japan 
since the 1990s through a ``preferential handling protocol.'' 
Because U.S. automakers sell fewer than 10,000 vehicles in 
Japan each year combined, the Japanese government affords them 
the option of having their vehicles tested under official 
government standards for fuel efficiency or selling them 
without official ratings. American cars that are sold under the 
preferential handling protocol had not been officially rated 
for fuel economy in Japan and were thus ineligible for purchase 
under the recent Japanese incentive program.
    The Subcommittee scheduled a hearing on the exclusion of 
U.S. automobiles from Japan's Cash for Clunkers program in 
January 2010. In advance of the hearing, the Japanese 
Government changed its policy and agreed to allow American 
automotive manufacturers to participate in the program. The 
Subcommittee postponed its hearing to await further data on the 
cars purchased in the American and Japanese Cash for Clunkers 
programs.

       Hearings and Other Investigative Activities Pertaining to 
                     Communications and Technology


                        TRAFFIC PUMPING SCHEMES

    Committee Chairman Waxman, Subcommittee Chairman Stupak, 
and Subcommittee on Communication, Technology, and Internet 
Chairman Boucher sent request letters to AT&T, Qwest, Sprint, 
and Verizon, and 24 incumbent local exchange providers seeking 
information regarding access charges and so-called ``traffic 
pumping schemes.'' News reports have described situations in 
which voice service providers have refused to connect calls to 
certain rural areas due to the allegedly excessive terminating 
access charges required by some rural incumbent local exchange 
providers. The Subcommittees sought information on the nature 
and scope of these schemes as well as the steps companies take 
to resolve disputed charges. The Subcommittee reviewed 
documents produced by all of the companies, received briefings 
from many of the interested parties, and continues to 
investigate the matter.

              Other Hearings and Investigative Activities


                                Hearings


         FEDERAL OVERSIGHT OF HIGH CONTAINMENT BIO-LABORATORIES

    The Subcommittee held its second hearing on the 
proliferation of biological research laboratories since the 
2001 anthrax attacks. The purpose of the hearing was to assess 
the status of government oversight over high-containment 
laboratories, which work with dangerous pathogens and diseases. 
After the Subcommittee's first hearing on the matter in 2007, 
Government Accountability Office continued to examine these 
labs and found that, aside from the Select Agent Program--a 
government program regulating certain listed dangerous 
pathogens--there is no formal registry for bio-labs, and no 
federal agency has authority to regulate all bio-labs.
    On September 22, 2009, the Subcommittee held a hearing 
titled ``Federal Oversight of High Containment Bio-
Laboratories'' at which GAO released a report containing its 
conclusions concerning the expansion of bio-labs in the United 
States, strategies for improving the safety and security of 
these labs, and the need for consolidated federal oversight of 
these labs.

   SECRECY IN THE RESPONSE TO BAYER'S FATAL CHEMICAL PLANT EXPLOSION

    On August 28, 2008, a tank containing waste materials in a 
pesticide production unit exploded at a chemical plant in 
Institute, West Virginia, owned by Bayer CropScience. Bayer's 
West Virginia facility produces pesticide from a variety of 
chemicals, including methyl isocyanate (MIC), a highly toxic 
substance that has been eliminated for decades from every other 
facility in the United States except for the Institute, West 
Virginia site.
    The Subcommittee held a hearing titled ``Secrecy in the 
Response to Bayer's Fatal Chemical Plant Explosion'' on April 
21, 2009. The Subcommittee found that Bayer engaged in a 
campaign of secrecy by withholding critical information from 
local, county, and state emergency responders; by restricting 
the use of information provided to federal investigators; by 
attempting to marginalize news outlets and citizen groups 
concerned about the dangers posed by Bayer's activities; and by 
providing inaccurate and misleading information to the public.
    The Subcommittee found that Bayer failed to provide 
emergency responders with critical information about the scope 
of the explosion, the potential chemical hazards involved, or 
the action needed to safeguard the surrounding community. The 
Subcommittee also found that there were serious questions about 
the vulnerabilities of Bayer's inventory of MIC and about MIC 
monitoring systems that were out of service at the time of the 
explosion. The Subcommittee found that Bayer was attempting to 
undermine an investigation by the Chemical Safety Board, by 
misusing a statute designed to protect the security of maritime 
transportation facilities to block the public release of 
information related to the accident and to the storage of 
hazardous chemicals at the site.
    In response to the findings of this hearing, Sen. 
Rockefeller of West Virginia inserted language into the 2010 
Homeland Security budget to keep companies from hiding behind 
anti-terrorism rules to avoid releasing important details of 
chemical plant emergencies to the public and local emergency 
responders. Additionally, Sen. Byrd of West Virginia proposed a 
measure to require the Department of Homeland Security to 
report to Congress on the steps it is taking to coordinate 
chemical plant security efforts by various federal agencies.
    In August 2009, Bayer CropScience announced that the 
company would voluntarily reduce MIC storage at the facility by 
80%. This reduction eliminated the transfer, use, and storage 
of MIC at the site within approximately one year. As a result, 
there is no MIC storage above ground anywhere on the site.

               COMMERCIAL SALES OF MILITARY TECHNOLOGIES

    In 2008, the Subcommittee requested that the Government 
Accountability Office conduct undercover testing to determine 
how vulnerable the United States is to covert acquisition and 
export of sensitive technology with potential military 
application. GAO established a fictitious company, led by a 
fictitious individual, to acquire 12 different military or dual 
use items that were subject to export control laws. GAO was 
able to acquire several devices that can be used in nuclear 
weapons programming. It also successfully acquired several 
pieces of military equipment that U.S. forces use to maintain 
technological superiority in battle.
    On June 4, 2009, the Subcommittee held a hearing entitled, 
``Commercial Sales of Military Technology,'' in which GAO 
testified that insufficient regulation leaves sensitive 
technologies vulnerable to unlawful export through the 
commercial market. The hearing showed that companies that sell 
sensitive equipment are not required by current law to apply 
for an export license when selling military or dual use 
products directly to domestic purchasers. There is no 
requirement for them to conduct any background checks or due 
diligence on the transactions, much less submit the proposed 
sale to the government for licensing. This hearing and report 
highlighted the importance of monitoring the commercial sales 
of military technology.

                     Other Investigative Activities


          RADIATION DETECTION PORTAL MONITORS TESTING PROGRAM

    On June 22, 2009, Committee Chairman Waxman and 
Subcommittee Chairman Stupak wrote to Department of Homeland 
Security (DHS) Secretary Janet Napolitano regarding a GAO 
report titled ``Combating Nuclear Smuggling: DHS Improved 
Testing of Advanced Radiation Detection Portal Monitors, but 
Preliminary Results Show Limits of New Technology.'' The 
Chairmen urged DHS to adopt the recommendations of the report 
and reexamine the advanced radiation detection portal monitors 
testing program.

   GAO REPORT FINDS FLAWS IN PRESIDENT BUSH'S NUCLEAR AGREEMENT WITH 
                                 RUSSIA

    On July 29, 2009, Committee Chairman Waxman, Subcommittee 
Chairman Stupak, and Subcommittee on Energy and Environment 
Chairman Markey released a Government Accountability Office 
report titled ``U.S.--Russia Nuclear Agreement: Interagency 
Process Used to Develop the Classified Nuclear Proliferation 
Assessment Needs to Be Strengthened.'' The report outlines 
significant problems within the executive branch process for 
evaluating Russia's nuclear proliferation activities as part of 
the U.S.-Russia negotiation of a civilian nuclear cooperation 
agreement.

                             Hearings Held

    The Salmonella Outbreak: The Continued Failure to Protect 
the Food Supply.--Oversight hearing on the salmonella outbreak 
associated with peanut products manufactured by the Peanut 
Corporation of America. Hearing held on February 11, 2009. 
PRINTED, Serial No. 111-2.
    The Salmonella Outbreak: The Role of Industry in Protecting 
the Nation's Food Supply.--Oversight hearing examining the 
actions and obligations of manufacturers and retailers that 
purchased tainted peanut products from the Peanut Corporation 
of America. Hearing held on March 19, 2009. PRINTED, Serial No. 
111-18.
    Institutional Review Boards That Oversee Experimental Human 
Testing for Profit.--Oversight hearing on whether institutional 
review boards and the federal government are adequately 
protecting human subjects of biomedical research. Hearing held 
on March 26, 2009. PRINTED, Serial No. 111-22.
    Secrecy in the Response to Bayer's Fatal Chemical Plant 
Explosion.--Oversight hearing on Bayer CropScience campaign of 
secrecy to withhold information and provide misleading 
information to emergency responders, government officials, and 
the public. Hearing held on April 21, 2009. PRINTED, Serial No. 
111-28.
    Commercial Sales of Military Technologies.--Oversight 
hearing on the commercial sale of sensitive technology with 
military applications and to provide the results of a 
Government Accountability Office undercover investigation on 
this issue. Hearing held on June 4, 2009. PRINTED, Serial No. 
111-43.
    GM and Chrysler Dealership Closures and Restructuring.--
Oversight hearing on auto dealership closures announced by 
Chrysler and General Motors stemming from the 2008 financial 
crisis and during a time when the companies were received funds 
under the Troubled Asset Relief Program. Hearing held on June 
12, 2009. PRINTED, Serial No. 111-49.
    Terminations of Individual Health Policies by Insurance 
Companies.--Oversight hearing on the practice of 
``rescissions,'' which occurs when insurance companies cancel 
individual health insurance policies after their providers 
submit claims for medical services rendered. Hearing held on 
June 16, 2009. PRINTED, Serial No. 111-50.
    Regulation of Bottled Water.--Oversight hearing on federal 
regulation of bottled water. Hearing held on July 8, 2009. 
PRINTED, Serial No. 111-56.
    Terminations of Individual Health Policies by Insurance 
Companies: State Perspectives and Legislative Solutions.--
Oversight hearing on the practice of ``rescissions,'' which 
occurs when insurance companies cancel individual health 
insurance policies after their providers submit claims for 
medical services rendered. Field hearing held in New Albany, 
Indiana, on July 27, 2009. PRINTED, Serial No. 111-58.
    Federal Oversight of High Containment Bio-Laboratories.--
Oversight hearing on the proliferation of biological research 
laboratories. Hearing held on September 22, 2009. PRINTED, 
Serial No. 111-66.
    Insured but Not Covered: The Problem of Underinsurance.--
Oversight hearing on the problem of underinsurance and medical 
debt. Hearing held on October 15, 2009. PRINTED, Serial No. 
111-72.
    The High Cost of Small Business Health Insurance: Limited 
Options, Limited Coverage.--Oversight hearing examining 
business practices in the small business health insurance 
market. Hearing held on October 20, 2009. PRINTED, Serial No. 
111-75.
    H1N1 Preparedness: An Overview of Vaccine Production and 
Distribution.--Oversight hearing on production and distribution 
of the H1N1 vaccine. Hearing held on November 18, 2009. 
PRINTED, Serial No. 111-82.
    Crib Safety: Assessing the Need for Better Oversight.--
Oversight hearing on whether there is a need for stronger 
mandatory federal safety standards for infant cribs. Hearing 
held on January 21, 2010. PRINTED, Serial No. 111-92.
    Response by Toyota and NHTSA to Incidents of Sudden 
Unintended Acceleration.--Oversight hearing on the response to 
persistent consumer complaints of sudden, unintended 
acceleration in vehicles manufactured by the Toyota Motor 
Corporation. Hearing held on February 23, 2010. PRINTED, Serial 
No. 111-96.
    Premium Increases by Anthem Blue Cross in the Individual 
Health Insurance Market.--Oversight hearing on the proposed 
increases in premium rates by Anthem Blue Cross, a subsidiary 
of WellPoint, Inc., by as much as 39% in the individual health 
insurance market in California. Hearing held on February 24, 
2010. PRINTED, Serial No. 111-97.
    The Role and Performance of FDA in Ensuring Food Safety.--
Oversight hearing on the safety of food imported into the 
United States and the adequacy of FDA's efforts to protect 
Americans from unsafe, imported food. Hearing held on May 6, 
2010. PRINTED, Serial No. 111-118.
    Inquiry into the Deepwater Horizon Gulf Coast Oil Spill.--
Oversight hearing examining the causes of the explosion on the 
Deepwater Horizon drilling rig and subsequent oil spill. 
Hearing held on May 12, 2010. PRINTED, Serial No. 111-122.
    Update on Toyota and NHTSA's Response to the Problem of 
Sudden Unintended Acceleration.--Oversight hearing on the 
continued response of the Toyota Motor Company and National 
Highway Traffic Safety Administration (NHTSA) to incidents of 
sudden unintended acceleration in Toyota vehicles. Hearing held 
on May 20, 2010. PRINTED, Serial No. 111-126.
    Local Impact of the Deepwater Horizon Oil Spill.--Oversight 
hearing on the local impact of the Deepwater Horizon oil spill 
on the Gulf region. Field hearing held in Chalmette, Louisiana, 
on June 7, 2010. PRINTED, Serial No. 111-129.
    The Role of BP in the Deepwater Horizon Explosion and Oil 
Spill.--Oversight hearing continuing examination of the causes 
of the explosion on the Deepwater Horizon drilling rig and 
subsequent oil spill. Hearing held on June 17, 2010. PRINTED, 
Serial No. 111-137.
    The Role of the Interior Department in the Deepwater 
Horizon Disaster.--Oversight hearing on the Department of the 
Interior's actions before and since the Deepwater Horizon 
drilling rig explosion and oil spill. Hearing held on July 20, 
2010. PRINTED, Serial No. 111-145.
    Direct-to-Consumer Genetic Testing and the Consequences to 
the Public Health.--Oversight hearing on sales and reliability 
of direct-to-consumer personal genetic tests. Hearing held on 
July 22, 2010. PRINTED, Serial No. 111-148.
    The Outbreak of Salmonella in Eggs.--Oversight hearing on 
the Salmonella outbreak associated with eggs produced by Wright 
County Egg and Hillandale Farms of Iowa. Hearing held on 
September 22, 2010. PRINTED, Serial No. 111-157.

        GAO Reports and Testimony Requested by the Subcommittee


                              GAO REPORTS

    Nonprescription Drugs: Considerations Regarding a Behind-
the-Counter Drug Class. GAO-09-245, February 20, 2009.
    Information Technology: FDA Needs to Establish Key Plans 
and Processes for Guiding Systems Modernization Efforts. GAO-
09-523, June 2, 2010.
    Bottled Water: FDA Consumer Protections Are Often Less 
Stringent Than Comparable EPA Protections for Tap Water. GAO-
09-610, June 22, 2009.
    U.S.-Russia Nuclear Agreement: Interagency Process Used to 
Develop the Classified Nuclear Proliferation Assessment Needs 
to Be Strengthened. GAO-09-743R, June 30, 2009.
    Litigation Has Decreased and EPA Needs Better Information 
on Site Cleanup and Cost Issues to Estimate Program Funding 
Requirements. GAO-09-656, July 15, 2009.
    Biological Research: Observations of DHS's Analyses 
Concerning Whether FMD Research Can Be Done as Safely on the 
Mainland as on Plum Island. GAO-09-747, July 30, 2009.
    Food Safety: Agencies Need to Address Gaps in Enforcement 
and Collaboration to Enhance Safety of Imported Food. GAO-09-
873, September 15, 2009.
    Information Security: Actions Needed to Better Manage, 
Protect, and Sustain Improvements to Los Alamos National 
Laboratory Classified Computer Network. GAO-10-28, October 14, 
2009.
    Human Capital: Continued Opportunities Exist for FDA and 
OPM to Improve Oversight of Recruitment, Relocation and 
Retention Incentives. GAO-10-226, January 22, 2010.
    Border Security: Better Usage of Electronic Passport 
Security Features Could Improve Fraud Detection. GAO-10-96, 
January 22, 2010.
    Dietary Supplements: FDA Should Take Further Actions to 
Improve Oversight and Consumer Understanding. GAO-09-250, 
January 29, 2010.
    Food Irradiation: FDA Could Improve Its Documentation and 
Communication of Key Decisions of Food Irradiation Petitions. 
GAO-10-309R, February 16, 2010.
    New Drug Approval: FDA's Consideration of Evidence from 
Certain Clinical Trials. GAO-10-798, July 30, 2010.
    Telecommunications: FCC Should Assess the Design of the E-
Rate Program's Internal Control Structure. GAO-10-908, 
September 29, 2010.
    Telecommunications: Improved Management Can Enhance FCC 
Decision Making for the Universal Service Fund Low-Income 
Program. GAO-11-11, October 28, 2010.
    Information Security: National Nuclear Security 
Administration Needs to Improve Contingency Planning For Its 
Classified Supercomputing Operations. GAO-11-67, December 9, 
2010.

                             GAO TESTIMONY

    Human Subjects Research: Undercover Tests Show the 
Institutional Review Board System is Vulnerable to Unethical 
Manipulation. GAO-09-448T, March 26, 2009.
    Military and Dual-Use Technology: Covert Testing Shows 
Continuing Vulnerabilities of Domestic Sales for Illegal 
Export. GAO-09-725T, June 4, 2009.
    Bottled Water: FDA Safety and Consumer Protections are 
Often Less Stringent than Comparable EPA Protections for Tap 
Water. GAO-09-861T, July 8, 2009.
    High-Containment Laboratories: National Strategy for 
Oversight is Needed. GAO-09-1036T, September 22, 2009.
    Food Safety: FDA Could Strengthen Oversight of Imported 
Food by Improving Enforcement and Seeking Additional 
Authorities. GAO-10-699T, May 6, 2010.
    Direct-To-Consumer Genetic Tests: Misleading Test Results 
Are Further Complicated by Deceptive Marketing and Other 
Questionable Practices. GAO-10-847T, July 22, 2010.

                          PENDING GAO REQUESTS

    The following is a list of pending GAO studies initiated by 
the Subcommittee on Oversight and Investigations that were not 
completed by the end of the 111th Congress:
    Implementation of the Safe Drinking Water Act. Study 
requested on January 31, 2008.
    A Review of FDA's Resources for Drugs, Biological Products, 
and Medical Devices. Study requested on February 15, 2008.
    A Review of Cost Implications of Work Stoppages from 
Inadequate Worker Safety Protections and Weaknesses in Nuclear 
Safety. Study requested April 16, 2008.
    A Review of Lawrence Livermore National Laboratory Plans 
for De-Inventorying Category I and II Special Nuclear Material. 
Study requested June 25, 2008.
    Co-Requestor of a Review of the Department of Energy's 
Handling of Security at Lawrence Livermore National Laboratory. 
Study requested July 10, 2008.
    Review of the Progress, Strategies, Implementation and 
Management of National Nuclear Security Administration's 
Stockpiles & Facilities. Study requested August 8, 2008.
                               APPENDIX I

                    Committee on Energy and Commerce

                 Oversight Plan for the 111th Congress

                      Adopted on February xx, 2009

    COMMITTEE ON ENERGY AND COMMERCE OVERSIGHT PLAN, U.S. HOUSE OF 
    REPRESENTATIVES, 111TH CONGRESS, THE HONORABLE HENRY A. WAXMAN, 
                                CHAIRMAN

    Rule X, clause 2(d) of the Rules of the House requires each 
standing Committee to adopt an oversight plan for the two-year 
period of the Congress and to submit the plan to the Committee 
on Oversight and Government Reform and to the Committee on 
House Administration not later than February 15 of the first 
session of the Congress.
    This is the oversight plan of the Committee on Energy and 
Commerce for the 111th Congress. It includes the areas in which 
the Committee expects to conduct oversight during the 111th 
Congress, subject to limits on staff and resources, but does 
not preclude oversight or investigation of additional matters 
as the need arises.

                    ENERGY AND ENVIRONMENTAL ISSUES

    The Committee intends to conduct oversight in the 111th 
Congress of numerous energy and environment-related issues to 
help ensure that government is working and that relevant 
statutes are effective and up to date.
    Climate Change. Global warming and energy issues will be a 
key area of interest. Due to the magnitude and complexity of 
the task of reducing greenhouse gas emissions, the Committee 
expects to examine governmental and nongovernmental activities 
and policies in this area, and their bases. The Committee will 
also examine governmental and private sector policies and 
actions related to developing and maintaining a sustainable and 
affordable national energy supply, including through the 
efficient use of energy.
    Environmental Pollution and Hazardous Waste. The Committee 
will examine whether the key environmental and energy laws 
under its jurisdiction are being implemented and followed 
appropriately to ensure that public health, the environment, 
and consumers are adequately protected. This will focus on the 
key issues of air pollution, drinking water contamination, 
hazardous waste disposal and cleanup, manufacture, use, and 
safety of chemical substances and pesticides on food. The 
Committee will examine the actions of the agencies charged with 
addressing these issues: the Environmental Protection Agency, 
the Department of Energy, and the Agency for Toxic Substances 
and Disease Registry.
    Energy Policy. The Committee will examine U.S. policies 
pertaining to energy efficiency and conservation, production, 
and consumption of electricity, oil, natural gas, coal, 
hydroelectric power, nuclear power, and renewable energy. The 
Committee will inquire into potential opportunities for the 
government and private sector to enhance environmental, public 
health, and consumer protections (including pipeline safety), 
while promoting a sustainable, clean energy future. The 
Committee will examine the actions of agencies and offices 
charged with developing and implementing U.S. energy policies, 
including the Department of Energy, the Federal Energy 
Regulatory Commission, and the Nuclear Regulatory Commission. 
The Committee will also examine the activities and policies of 
the Department of Transportation and the National Highway 
Traffic Safety Administration as they relate to matters within 
the Committee's jurisdiction.
    Energy Security. The Committee will oversee management and 
operations issues at the Department of Energy, including 
management and operations of the National Nuclear Security 
Administration (NNSA) and the DOE National Laboratories. The 
Committee will focus on DOE's management of the environment, 
safety, and health aspects of its policies and activities, and 
DOE's management of the contractors that operate the National 
Laboratories. In addition, the Committee will oversee the 
protection of nuclear materials around the globe by examining 
ongoing problems at both the National Labs and at nuclear power 
plants with respect to the security of both nuclear materials 
and sensitive security information and by examining nuclear 
detection systems at air, land, and seaports.
    Bio-Research Laboratories. Building on the two hearings in 
the 110th Congress, the Committee will exercise continued 
oversight of issues related to construction and operation of 
high-containment bio-research laboratories.

                      HEALTH AND HEALTHCARE ISSUES

    Children's Health Insurance Program (CHIP). The Committee 
will oversee the implementation of the legislation 
reauthorizing the Children's Health Insurance Program by the 
Department of Health and Human Services (HHS), state CHIP 
agencies, and their private contractors. This oversight will 
focus on the extent to which federal financial incentives and 
state outreach and enrollment activities are successful in 
extending coverage to low-income children who are eligible but 
not enrolled in Medicaid or CHIP. The Committee will also 
examine whether federal program funds are being used to 
purchase covered services efficiently in a manner that 
minimizes waste, fraud, and abuse.
    Centers for Medicare & Medicaid Services (CMS). The 
Committee will review the management, operation, and activities 
of the Centers for Medicare & Medicaid Services, focusing on 
the effective provision of services under the Medicare, 
Medicaid, and Child Health Insurance programs and the 
elimination of waste, fraud, and abuse in these programs. The 
Committee will examine the use and oversight of private 
contractors by CMS in administering these programs.
    Drug Safety. The Committee will review the ability of the 
Food and Drug Administration (FDA) to ensure the safety and 
effectiveness of prescription and over-the-counter (OTC) drugs 
sold in the United States, including whether necessary 
safeguards for imported drugs are in place. The Committee will 
also examine manufacturer marketing practices for both 
prescription and OTC drugs.
    Emergency Care Services. The Committee will review the 
ability of the nation's trauma centers and emergency 
departments to respond to the growing demand for their 
services. Among the areas of oversight interest are the 
activities of HHS to ensure that emergency rooms in cities at 
high risk of a terrorist attack have the capacity to handle a 
surge in casualties, as well as the availability of on-call 
specialists on a 24/7 basis.
    Food Safety. The Committee will examine the causes of 
recent food safety problems and the effectiveness of our 
current regulatory system for overseeing the safety of imported 
foods. The Committee will review the FDA's statutory 
authorities for protecting the nation's food supply with a view 
towards identifying any gaps. The Committee will also examine 
whether FDA's financial and personnel resources are adequate to 
protect the public from unsafe food.
    Health Information Technology (HIT). The Committee will 
oversee the implementation of the HIT provisions of the 
economic recovery legislation by the Department of Health and 
Human Services. The Committee will focus initially on the 
Department's establishment of standards for interoperability, 
functionality, security, and privacy of electronic health 
records and its certification of systems that meet those 
standards. The Committee will also monitor the Department's 
HIT-related grant-making activity.
    National Institutes of Health (NIH). The NIH budget spends 
over $29 billion per year, largely on medical research intended 
to improve the health of the nation. The Committee will examine 
whether there is sufficient transparency and accountability to 
ensure that these funds are spent effectively and efficiently.
    HIV/AIDS. The Committee will oversee domestic and global 
HIV prevention and treatment activities by HHS and the Centers 
for Disease Control and Prevention (CDC). Domestically, areas 
of concern include the scale-up of prevention efforts, the 
continuing implementation of CDC's routine testing 
recommendations, and the reach of care and treatment programs. 
The Committee will also monitor HHS's implementation of U.S.-
funded HIV activities abroad. Particular attention will be paid 
to changes made by the 2008 reauthorization of the President's 
Emergency Plan for AIDS Relief (PEPFAR), including increased 
flexibility in prevention programming and an intensified 
emphasis on integration with other health and social services.
    Hospital-Acquired Infections and Antibiotic Resistance. The 
Committee will oversee the actions taken by HHS, state hospital 
licensure agencies, and the private sector to reduce the 
incidence of preventable hospital-acquired infections. Among 
the areas of interest is checklists for use by physicians, 
nurses, and other hospital personnel to reduce such infections. 
The Committee will also review efforts to combat the spread of 
antibiotic resistant infections. The Committee will examine the 
practices that contribute to the problem, including the 
inappropriate use of antibiotics both by humans and in the food 
supply.
    Preventable Medical Errors. In addition to its work on 
hospital-acquired infections, the Committee will also examine 
other preventable medical errors, which studies suggest 
annually cause tens of thousands of preventable deaths and cost 
our nation's medical system billions of dollars. The Committee 
will examine the practices that contribute to such preventable 
medical errors and review actions taken by providers, patients, 
insurers, and the federal government to reduce these errors.
    Individual Health Insurance. The Committee will examine 
business practices in the individual health insurance market 
that may compromise the accessibility or affordability of 
coverage. The initial focus of this oversight will be the 
practice of rescission, or retroactive termination of coverage 
following the submission of claims by the insured individual. 
The Committee will review the practices of insurers, the 
activities of state regulatory agencies, and the enforcement of 
consumer protections in the individual market by the Department 
of Health and Human Services under the Health Insurance 
Portability and Accountability Act.
    Medicaid. The Committee will oversee the implementation of 
the provisions of the economic recovery legislation relating to 
Medicaid. The Committee will review the payment of additional 
federal matching funds to states to ensure states deploy the 
funds in an efficient and effective manner. The Committee will 
examine whether states receiving this fiscal relief maintain 
adequate Medicaid reimbursement levels for providers and 
reimburse at an adequate rate to make services available. The 
Committee will also monitor the response of the Department of 
Health and Human Services and state Medicaid programs to the 
needs of uninsured, unemployed workers and their families. In 
addition, the Committee will examine the purchase of managed 
care, prescription drugs, and other covered services to 
determine whether greater efficiencies can be achieved for 
federal and state taxpayers. The Committee will review the 
costs and benefits of using private contractors in the 
administration of the Medicaid program at the federal and state 
level. The Committee will also review efforts to reduce waste, 
fraud, and abuse in the program.
    Medical Device Safety. The Committee will review FDA's 
efforts to ensure the safety and effectiveness of medical 
devices. The Committee will examine the gaps in the current 
statutory authorities, both pre- and post-market, that FDA uses 
to protect patients from unsafe or ineffective devices.
    Medicare. The Committee will oversee the administration and 
operation of the Medicare program by CMS and its contractors. 
Among the areas of interest is the adequacy of Medicare payment 
rates for primary care physicians under Part B; the 
appropriateness of payments to Medicare Advantage plans; the 
treatment of beneficiaries with chronic illness by Medicare 
Advantage plans, particularly private fee-for-service plans; 
and the business practices of Medicare Advantage plans and CMS 
oversight of those practices. With respect to Medicare Part D, 
the Committee will review the effectiveness of private plans' 
administration of the program; the treatment of long-term care 
patients; the annual reassignment of individuals who are 
dually-eligible for Medicare and Medicaid; the treatment of 
long-term care patients under Part D; the availability of 
manufacturer rebates on drugs purchased by Medicare Part D 
plans; and the oversight of Part D plans by CMS. The Committee 
will also review efforts to reduce waste, fraud, and abuse in 
the program.
    Navajo Nation Uranium Contamination. The Committee will 
monitor the clean-up of the surface and subsurface 
contamination of the Navajo Nation resulting from uranium 
mining and milling activities after World War II. Five federal 
agencies have developed and are implementing five-year plans to 
clean up the contamination and protect public health: the 
Bureau of Indian Affairs, the Department of Energy, the 
Environmental Protection Agency, the Indian Health Service, and 
the Nuclear Regulatory Commission.
    Nursing Homes. The Committee will examine the quality of 
the nursing home care paid for by the Medicare and Medicaid 
programs. The Committee will review the monitoring and 
enforcement of quality standards by CMS and state survey 
agencies.
    Off-Label Marketing. The Committee will conduct oversight 
of manufacturer marketing of prescription drugs and medical 
devices for uses not approved by FDA. While off-label use of 
drugs or devices is legal, the marketing of drugs or devices 
for off-label uses is not. Off-label marketing can result in 
unnecessary expenditures and raises potential safety and 
effectiveness issues for patients. The Committee will review 
the activities of the FDA, CMS, the Office of Inspector 
General, and the Justice Department to investigate and 
prosecute those manufacturers engaged in off-label marketing.
    Privacy. The Committee will review adherence to and 
enforcement of the security and privacy rules under the Health 
Insurance Portability and Accountability Act (HIPAA). The 
Committee will also oversee the implementation of the privacy 
provisions in the economic recovery legislation by HHS. The 
Committee will focus on the use of a patient's health 
information by providers, health insurers, and others that 
receive such identifiable information.
    Safety Net Hospitals and Clinics. The Committee will 
monitor the ability of public and private nonprofit hospitals 
and clinics of last resort--those that treat all patients, 
regardless of ability to pay--to maintain their service 
capacity during the recession. Of particular concern to the 
Committee is whether the specialized services that these 
facilities provide that are of community-wide benefit, such as 
trauma care, neonatal intensive care, and care for burn 
victims, will be maintained in the face of increasing numbers 
of unemployed, uninsured patients.
    Vaccine Policy. The Committee will oversee the various 
components of vaccine policy within HHS, including: the 
development of the National Vaccine Plan; plans to procure and 
stockpile vaccines for use in case of an influenza pandemic, 
bioterror attack, or shortage of routinely administered 
vaccines; efforts to increase the use of vaccines among adults 
including healthcare workers; and access issues associated with 
the Vaccines for Children program. The Committee will also 
review the status of the Vaccine Injury Compensation Program.

            COMMERCE, TRADE, AND CONSUMER PROTECTION ISSUES

    Federal Trade Commission. The Committee will review the 
management, operations, rulemaking, and enforcement actions of 
the Federal Trade Commission. The Committee will examine the 
Commission's consumer protection mission with specific focus on 
consumer credit, including subprime mortgage lending, mortgage 
servicing, and debt and foreclosure relief scams. In addition, 
the Committee will review consumer protection activities 
related to identity theft, privacy, and false and deceptive 
advertising. The Committee will also review the Commission's 
activities regarding competition and mergers.
    Consumer Product Safety Commission. The Committee will 
oversee implementation of the Consumer Product Safety 
Improvement Act, which was enacted in August 2008. In 
particular, the Committee will seek to ensure that the law's 
bans on lead and phthalates in children's products are given 
full effect and carried out in an effective and efficient 
manner. The Committee also will oversee the Commission's 
handling of critical deadlines under the law and the issuance 
of implementing regulations. Finally, the Committee will 
continue to review the Commission's overall operations, 
including its authorized expansion to include five 
commissioners and the modernization of its staff and 
infrastructure.
    Highway Safety. The Committee will review the management, 
operations, and activities of the National Highway Traffic 
Safety Administration, particularly as they relate to motor 
vehicle safety.
    International Trade. The Committee will monitor and examine 
both multilateral trade agreements (including World Trade 
Organization agreements) and bilateral agreements as those 
agreements relate to industries, commodities, and services 
within the Committee's jurisdiction, including 
telecommunications, electronic commerce, consumer products, 
energy, food, and drugs. The Committee will examine whether 
these agreements adequately protect the interests of domestic 
and foreign workers, consumers, and the environment. The 
Committee will review programs, policies, and procedures of 
various government agencies that are tasked with protecting the 
international supply chain as it affects the U.S. economy and 
U.S. consumers; evaluate policies that may impair the flow of 
people and commerce across the nation's borders; and examine 
opportunities to promote greater transparency in U.S. trade 
negotiations.

             COMMUNICATIONS, TECHNOLOGY AND INTERNET ISSUES

    Federal Communications Commission. The Committee will 
review the management, operations, and activities of the 
Federal Communications Commission (FCC), including the effect 
of its decisions on increasing competition, increasing the 
availability of technologies and services, assuring widespread 
deployment and reasonable rates for telecommunication and 
broadband services, protecting consumers, assuring adequate 
emergency communications capability, and otherwise serving the 
public interest, convenience and necessity. The FCC's ongoing 
efforts to manage the transition from analog to digital 
broadcasting will be a continuing focus of the Committee. The 
Committee will also examine the management and funding of the 
FCC's Office of Inspector General (IG), particularly with 
respect to whether the IG has adequate resources and the 
institutional independence necessary to carry out its 
responsibilities.
    Public Safety Communications. The Committee will review 
public safety communications, including the status of the 
public safety network and related issues and matters under the 
management of the Office of Emergency Communications.
    Universal Service Reform. The Committee will investigate 
waste, fraud, and abuse in the FCC's Universal Service Fund, 
including the management and administration of the High Cost 
program, the E-Rate program that pays to connect schools and 
libraries to the Internet, and the Rural Health Care program.
    Internet Governance and Operations. The Committee will 
review programs and efforts to assure the safe, secure, lawful, 
and robust functioning of the Internet. The Committee will also 
examine issues regarding the structure of Internet governance, 
including activities of the Internet Corporation for Assigned 
Names and Numbers (ICANN).
    National Telecommunications and Information Administration. 
The Committee will review programs under the management of the 
National Telecommunications and Information Administration 
(NTIA). The Committee anticipates ongoing oversight of any NTIA 
involvement in national broadband deployment grants.
    Corporation for Public Broadcasting. The Committee will 
continue to review activities and funding of the Corporation 
for Public Broadcasting, the Public Broadcasting System, 
National Public Radio, and Public Radio International, with a 
particular focus on maintaining the independence of these 
important functions and assuring that the public interest 
remains paramount in their administration and management.
                              APPENDIX II

                         Legislative Activities

      COMMITTEE ON ENERGY AND COMMERCE 111TH CONGRESS (2009-2010)

              Statistical Summary of Committee Activities

Total Bills and Resolutions Referred to Committee.............      1483
Public Laws...................................................        38
Bills and Resolutions Reported to the House...................        70
Hearings Held:
    Days of Hearings..........................................       143
        Full Committee........................................         7
        Subcommittee on Commerce, Trade, and Consumer 
          Protection..........................................        38
        Subcommittee on Communications, Technology, and the 
          Internet............................................        30
        Subcommittee on Energy and Environment................        24
        Subcommittee on Health................................        43
        Subcommittee on Oversight and Investigations..........        24
    Hours of Sitting..........................................    490:47
        Full Committee........................................     20:53
        Subcommittee on Commerce, Trade, and Consumer 
          Protection..........................................     81:11
        Subcommittee on Communications, Technology, and the 
          Internet............................................     65:33
        Subcommittee on Energy and Environment................     92:57
        Subcommittee on Health................................    141:05
        Subcommittee on Oversight and Investigations..........     89:08
Legislative Markups:
    Days of Markups...........................................        48
        Full Committee........................................        29
        Subcommittee on Commerce, Trade, and Consumer 
          Protection..........................................         6
        Subcommittee on Communications, Technology, and the 
          Internet............................................         4
        Subcommittee on Energy and Environment................         4
        Subcommittee on Health................................         5
    Hours of Sitting..........................................    147:37
        Full Committee........................................    119:47
        Subcommittee on Commerce, Trade, and Consumer 
          Protection..........................................     07:58
        Subcommittee on Communications, Technology, and the 
          Internet............................................     02:51
        Subcommittee on Energy and Environment................     09:38
        Subcommittee on Health................................      9:08
Business Meetings:
    Days of Meetings..........................................         3
        Subcommittee on Full Committee........................         3
        Subcommittee on Oversight and Investigations..........         0
    Hours of Sitting..........................................     01:05
        Subcommittee on Full Committee........................     01:05
        Subcommittee on Oversight and Investigations..........         0
                              APPENDIX III

                    COMMITTEE ON ENERGY AND COMMERCE

                              PUBLIC LAWS

    This list includes: (1) legislation on which the Committee 
on Energy and Commerce acted directly; (2) legislation 
developed through Committee participation in House-Senate 
conferences; and (3) legislation which included provisions 
within the Committee's jurisdiction, including legislation 
enacted by reference as part of other legislation.

                             PUBLIC LAWS: 38
------------------------------------------------------------------------
    Public Law          Date Approved          Bill           Title
------------------------------------------------------------------------
111-3               2/4/2009               H.R. 2       Children's
                                                         Health
                                                         Insurance
                                                         Program
                                                         Reauthorization
                                                         Act of 2009
111-4               2/9/2009               S. 352       The Digital
                                                         Television
                                                         Transition
                                                         Extension
111-5               2/17/2009              H.R. 1       The American
                                                         Recovery and
                                                         Reinvestment
                                                         Act
111-16              5/7/2010               H.R. 1626    Statutory Time
                                                         Periods
                                                         Technical
                                                         Amendments Act
                                                         of 2009
111-31              6/22/2009              H.R. 1256    Family Smoking
                                                         Prevention and
                                                         Tobacco Control
                                                         Act
111-47              8/6/2009               H.R. 3435    Consumer
                                                         Assistance to
                                                         Recycle and
                                                         Save Act
111-72              10/13/2009             H.R. 3663    To Amend Title
                                                         XVIII of the
                                                         Social Security
                                                         Act to Delay
                                                         the Date on
                                                         Which the
                                                         Accreditation
                                                         Requirement
                                                         Under the
                                                         Medicare
                                                         Program Applies
                                                         to Suppliers of
                                                         Durable Medical
                                                         Equipment that
                                                         are Pharmacies
111-87              10/30/2009             S. 1793      Ryan White HIV/
                                                         AIDS Treatment
                                                         Extension Act
                                                         of 2009
111-96              11/6/2009              S. 1694      To Allow the
                                                         Funding for the
                                                         Interoperable
                                                         Emergency
                                                         Communications
                                                         Grant Program
                                                         Established
                                                         Under the
                                                         Digital
                                                         Television
                                                         Transition and
                                                         Public Safety
                                                         Act of 2005 to
                                                         Remain
                                                         Available Until
                                                         Expended
                                                         Through Fiscal
                                                         Year 2012
111-117             12/16/2009             H.R. 3288    Medicare
                                                         Sustainable
                                                         Growth Rate
111-144             3/2/2010               H.R. 4691    The Temporary
                                                         Extension Act
                                                         of 2010
111-148             3/23/2010              H.R. 3590    Patient
                                                         Protection
                                                         Affordable Care
                                                         Act
111-152             3/30/2010              H.R. 4872    Health Care and
                                                         Education
                                                         Reconciliation
                                                         Act of 2010
111-157             4/15/2010              H.R. 4851    The Continuing
                                                         Extension Act
                                                         of 2010
111-175             5/27/2010              S. 3333      The Satellite
                                                         Television
                                                         Extension and
                                                         Localism Act of
                                                         2010
111-192             6/25/2010              H.R. 3962    The Preservation
                                                         of Access to
                                                         Care for
                                                         Medicare
                                                         Beneficiaries
                                                         and Pension
                                                         Relief Act of
                                                         2010
111-203             7/21/2010              H.R. 4173    Dodd-Frank Wall
                                                         Street Reform
                                                         and Consumer
                                                         Protection Act
111-260             10/8/2010              S. 3304      Twenty-First
                                                         Century
                                                         Communications
                                                         and Video
                                                         Accessibility
                                                         Act of 2010
111-264             10/8/2010              S. 3751      Stem Cell
                                                         therapeutic and
                                                         Research
                                                         Reauthorization
                                                         Act of 2010
111-265             10/8/2010              S. 3828      Making Technical
                                                         Corrections in
                                                         the Twenty-
                                                         First Century
                                                         Communications
                                                         and Video
                                                         Accessibility
                                                         Act of 2010
111-268             10/12/2010             H.R. 2923    Combat
                                                         Methamphetamine
                                                         Enhancement Act
                                                         of 2010
111-273             10/12/2010             S. 3397      Secure and
                                                         Responsible
                                                         Drug Disposal
                                                         Act of 2010
111-286             11/30/2010             H.R. 5712    The Physician
                                                         Payment and
                                                         Therapy Relief
                                                         Act of 2010
111-309             12/15/2010             H.R. 4994    Medicare and
                                                         Medicaid
                                                         Extenders Act
                                                         of 2010
111-311             12/15/2010             S. 2847      The Commercial
                                                         Advertisement
                                                         Loudness
                                                         Mitigation Act
                                                         (CALM Act)
111-313             12/18/2010             H.R. 2480    Truth in Fur
                                                         Labeling Act of
                                                         2010
111-324             12/22/2010             H.R. 2941    To Reauthorize
                                                         and Enhance
                                                         Johanna's Law
                                                         to Increase
                                                         Public
                                                         Awareness and
                                                         Knowledge with
                                                         Respect to
                                                         Gynecologic
                                                         Cancers
111-331             12/22/2010             S. 30        The Truth in
                                                         Caller ID Act
                                                         of 2010
111-337             12/22/2010             S. 3199      Early Hearing
                                                         Detection and
                                                         Intervention
                                                         Act of 2010
111-__              12/29/2010             S. 3386      Restore Online
                                                         Shoppers'
                                                         Confidence Act
111-__              12/29/2010             H.R. 6517    Omnibus Trade
                                                         Act of 2010
111-__              1/2/2011               H.R. 847     James Zadroga 9/
                                                         11 Health and
                                                         Compensation
                                                         Act of 2010
------------------------------------------------------------------------
                      Cleared for White        Bill           Title
                             House
------------------------------------------------------------------------
Presented to the    12/28/2010             S. 3036      National
 President                                               Alzheimer's
                                                         Project Act
Presented to the    12/28/2010             S. 841       Pedestrian
 President                                               Safety
                                                         Enhancement Act
                                                         of 2010
Presented to the    12/28/2010             H.R. 6533    The Local
 President                                               Community Radio
                                                         Act of 2010
Presented to the    12/29/2010             H.R. 2751    Food Safety
 President                                               Enhancement Act
                                                         of 2009
Presented to the    12/29/2010             H.R. 5809    Diesel Emissions
 President                                               Reduction Act
                                                         of 2010
Presented to the    12/28/2010             H.R. 5470    Reduction of
 President                                               Lead in
                                                         Drinking Water
                                                         Act
------------------------------------------------------------------------

                              APPENDIX IV

                                 PART A

        PRINTED HEARINGS OF THE COMMITTEE ON ENERGY AND COMMERCE
------------------------------------------------------------------------
    Serial No.           Hearing Title             Hearing Date(s)
------------------------------------------------------------------------
111-1               The U.S. Climate Action  January 15, 2009
                     Partnership [Full
                     Committee].
111-2               The Salmonella           February 11, 2009
                     Outbreak: The
                     Continued Failure to
                     Protect the Food
                     Supply [Subcommittee
                     on Oversight and
                     Investigations].
111-3               The Climate Crisis:      February 12, 2009
                     National Security,
                     Public Health, and
                     Economic Threats
                     [Subcommittee on
                     Energy and
                     Environment].
111-4               Energy Efficiency:       February 24, 2009
                     Complementary Policies
                     for Climate
                     Legislation
                     [Subcommittee on
                     Energy and
                     Environment].
111-5               Reauthorization of the   February 24, 2009
                     Satellite Home Viewer
                     Extension and
                     Reauthorization Act
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-6               Renewable Energy:        February 26, 2009
                     Complementary Policies
                     for Climate
                     Legislation
                     [Subcommittee on
                     Energy and
                     Environment].
111-7               Revisiting the Toxic     February 26, 2009
                     Substances Control Act
                     of 1976 [Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection].
111-8               The Role of Offsets in   March 5, 2009
                     Climate Legislation
                     [Subcommittee on
                     Energy and
                     Environment].
111-9               Consumer Protection in   March 5, 2009
                     the Used and Subprime
                     Car Market
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-10              The Future of Coal       March 10, 2009
                     Under Climate
                     Legislation
                     [Subcommittee on
                     Energy and
                     Environment].
111-11              Making Health Care Work  March 10, 2009
                     for American Families:
                     Designing a High
                     Performing Healthcare
                     System [Subcommittee
                     on Health].
111-12              How Do We Fix Our        March 11, 2009
                     Ailing Food Safety
                     System? [Subcommittee
                     on Health].
111-13              Universal Service:       March 12, 2009
                     Reforming the High-
                     Cost Fund
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-14              Consumer Protection      March 12, 2009
                     Policies in Climate
                     Legislation
                     [Subcommittee on
                     Energy and
                     Environment].
111-15              Stimulating the Economy  March 17, 2009
                     through Trade:
                     Examining the Role of
                     Export Promotion
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-16              Making Health Care Work  March 17, 2009
                     for American Families:
                     Ensuring Affordable
                     Coverage [Subcommittee
                     on Health].
111-17              Competitiveness and      March 18, 2009
                     Climate Policy:
                     Avoiding Leakage of
                     Jobs and Emissions
                     [Subcommittee on
                     Energy and
                     Environment].
111-18              The Salmonella           March 19, 2009
                     Outbreak: The Role of
                     Industry in Protecting
                     the Nation's Food
                     Supply [Subcommittee
                     on Oversight and
                     Investigations].
111-19              Consumer Credit and      March 24, 2009
                     Debt: The Role of the
                     Federal Trade
                     Commission in
                     Protecting the Public
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-20              Making Health Care Work  March 24, 2009
                     for American Families:
                     Improving Access to
                     Care [Subcommittee on
                     Health].
111-21              Preparing for Climate    March 25, 2009
                     Change: Adaptation
                     Policies and Programs
                     [Subcommittee on
                     Energy and
                     Environment].
111-22              Institutional Review     March 26, 2009
                     Boards that Oversee
                     Experimental Human
                     Testing for Profit
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-23              Oversight of the         March 26, 2009
                     Digital Television
                     Transition
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-24              Making Health Care Work  March 31, 2009
                     for American Families:
                     The Role of Public
                     Health [Subcommittee
                     on Health].
111-25              H.R. 1706, the           March 31, 2009
                     Protecting Consumer
                     Access to Generic
                     Drugs Act of 2009
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-26              Oversight of the         April 2, 2009
                     American Recovery and
                     Reinvestment Act of
                     2009: Broadband
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-27              Making Health Care Work  April 2, 2009
                     for American Families:
                     Saving Money, Saving
                     Lives [Subcommittee on
                     Health].
111-28              Secrecy in the Response  April 21, 2009
                     to Bayer's Fatal
                     Chemical Plant
                     Explosion
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-29              The American Clean       April 21, 2009
                     Energy Security Act of  April 22, 2009
                     2009 [Full Committee    April 23, 2009
                     and Subcommittee on     April 24, 2009
                     Energy and
                     Environment].
111-30              H.R. 847, the James      April 22, 2009
                     Zadroga 9/11 Health
                     and Compensation Act
                     of 2009 [Subcommittee
                     on Health].
111-31              Communications Networks  April 23, 2009
                     and Consumer Privacy:
                     Recent Developments
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-32              Examining the Status of  April 27, 2009
                     U.S. Trade with Cuba
                     and its Impact on
                     Economic Growth
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-33              Swine Flu Outbreak and   April 30, 2009
                     the U.S. Federal
                     Response [Subcommittee
                     on Health].
111-34              The Bowl Championship    May 1, 2009
                     Series: Money and
                     Other Issues of
                     Fairness for Publicly
                     Financed Universities
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-35              Cybersecurity: Network   May 1, 2009
                     Threats and Policy
                     Challenges
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-36              H.R. 2221, the Data      May 5, 2009
                     Accountability and
                     Protection Act, and
                     H.R. 1319, the
                     Informed P2P User Act
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-37              An Examination of        May 7, 2009
                     Competition in the
                     Wireless Industry
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-38              H.R. 2309, the Consumer  May 12, 2009
                     Credit and Debt
                     Protection Act, and
                     H.R. 2190, the Mercury
                     Pollution Reduction
                     Act [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-39              H.R. 1346, the Medical   May 12, 2009
                     Device Safety Act of
                     2009 [Subcommittee on
                     Health].
111-40              Auto Safety: Current     May 18, 2009
                     Mandates and Emerging
                     Issues [Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection].
111-41              Food Safety Enhancement  June 3, 2009
                     Act of 2009 Discussion
                     Draft [Subcommittee on
                     Health].
111-42              Oversight of the         June 4, 2009
                     Internet Corporation
                     for Assigned Names and
                     Numbers (ICANN)
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-43              Commercial Sales of      June 4, 2009
                     Military Technologies
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-44              Allowance Allocation     June 9, 2009
                     Policies in Climate
                     Legislation: Assisting
                     Consumers, Investing
                     in a Clean Energy
                     Future, and Adapting
                     to Climate Change
                     [Subcommittee on
                     Energy and
                     Environment].
111-45              It's Too Easy Being      June 9, 2009
                     Green: Defining Fair
                     Green Marketing
                     Practices
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-46              Emerging Health Care     June 11, 2009
                     Issues: Follow-on
                     Biologic Drug
                     Competition
                     [Subcommittee on
                     Health].
111-47              H.R. 1084, the           June 11, 2009
                     Commercial
                     Advertisement Loudness
                     Mitigation (CALM) Act,
                     H.R. 1147, the Local
                     Community Radio Act of
                     2009, and H.R. 1133,
                     the Family Telephone
                     Connection Protection
                     Act of 2009
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-48              The Future of the Grid:  June 12, 2009
                     Proposals for
                     Reforming National
                     Transmission Policy
                     [Subcommittee on
                     Energy and
                     Environment].
111-49              GM and Chrysler          June 12, 2009
                     Dealership Closures
                     and Restructuring
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-50              Terminations of          June 16, 2009
                     Individual Health
                     Policies by Insurance
                     Companies
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-51              Discussion Draft of      June 16, 2009
                     Legislation to
                     Reauthorize the
                     Satellite Home Viewer
                     Act [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-52              Medical Devices: Are     June 18, 2009
                     Current Regulations
                     Doing Enough for
                     Patients?
                     [Subcommittee on
                     Health].
111-53              Behavioral Advertising:  June 18, 2009
                     Industry Practices and
                     Consumers'
                     Expectations
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet and
                     Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-54              Comprehensive Health     June 23, 2009
                     Care Reform Discussion  June 24, 2009
                     Draft [Full Committee   June 25, 2009
                     and Subcommittee on
                     Health].
111-55              U.S.-Africa Trade        June 24, 2009
                     Relations: Creating a
                     Platform for Economic
                     Growth [Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection and House
                     Foreign Affairs
                     Subcommittee on Africa
                     and Global Health].
111-56              Regulation of Bottled    July 8, 2009
                     Water [Subcommittee on
                     Oversight and
                     Investigations].
111-57              The Proposed Consumer    July 8, 2009
                     Financial Protection
                     Agency: Implications
                     for Consumers and the
                     FTC [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-58              Terminations of Health   July 27, 2009
                     Policies by Insurance
                     Companies: State
                     Perspectives and
                     Legislative Solutions
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-59              Oversight of Cemeteries  July 27, 2009
                     and Other Funeral
                     Services: Who's in
                     Charge? [Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection].
111-60              Ryan White CARE Act      September 9, 2009
                     Amendments of 2009
                     Discussion Draft
                     Legislation
                     [Subcommittee on
                     Health].
111-61              H.R. 3276, the American  September 9, 2009
                     Medical Isotopes
                     Production Act of
                     2009: Solving the
                     Medical Isotopes
                     Crisis [Subcommittee
                     on Energy and
                     Environment].
111-62              Oversight of the         September 10, 2009
                     American Recovery and
                     Reinvestment Act:
                     Broadband, Part 2
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-63              Consumer Product Safety  September 10, 2009
                     Commission Oversight:
                     Current Issues and a
                     Vision for the Future
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-64              Preparing for the 2009   September 15, 2009
                     Pandemic Flu [Full
                     Committee].
111-65              Oversight of the         September 17, 2009
                     Federal Communications
                     Commission
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-66              Federal Oversight of     September 22, 2009
                     High Containment Bio-
                     Laboratories
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-67              A National               September 24, 2009
                     Interoperable
                     Broadband Network for
                     Public Safety: Recent
                     Developments
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-68              H.R. 3258, the Drinking  October 1, 2009
                     Water System Security
                     Act of 2009, and H.R.
                     2868, the Chemical
                     Facility Anti-
                     Terrorism Act of 2009
                     [Subcommittee on
                     Energy and
                     Environment].
111-69              H.R. 1740, the Breast    October 7, 2009
                     Cancer Education and
                     Awareness Requires
                     Learning Young Act of
                     2009, H.R. 1691, the
                     Breast Cancer Patient
                     Protection Act of
                     2009, H.R. 2279, the
                     Eliminating
                     Disparities in Breast
                     Cancer Treatment Act
                     of 2009, and H.R. 995,
                     the Mammogram and MRI
                     Availability Act of
                     2009 [Subcommittee on
                     Health].
111-70              Growing U.S. Trade in    October 7, 2009
                     Green Technology
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-71              The Minority Business    October 15, 2009
                     Development Agency:
                     Enhancing the
                     Prospects for Success
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-72              Insured But Not          October 15, 2009
                     Covered: The Problem
                     of Underinsurance
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-73              H.R. 515, the            October 16, 2009
                     Radioactive Import
                     Deterrence Act
                     [Subcommittee on
                     Energy and
                     Environment].
111-74              H.R. 2708, the Indian    October 20, 2009
                     Health Care
                     Improvement Act
                     Amendments of 2009
                     [Subcommittee on
                     Health].
111-75              The High Cost of Small   October 20, 2009
                     Business Health
                     Insurance: Limited
                     Options, Limited
                     Coverage [Subcommittee
                     on Oversight and
                     Investigations].
111-76              Video Competition in a   October 22, 2009
                     Digital Age
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-77              Protecting the Electric  October 27, 2009
                     Grid: H.R. 2165, the
                     Bulk Power System
                     Protection Act of
                     2009, and H.R. 2195
                     [Subcommittee on
                     Energy and
                     Environment].
111-78              The NFL StarCaps Case:   November 3, 2009
                     Are Sports' Anti-
                     Doping Programs at a
                     Legal Crossroads?
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-79              Driven To Distraction:   November 4, 2009
                     Technological Devices
                     and Vehicle Safety
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection
                     and Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-80              Prioritizing Chemicals   November 17, 2009
                     for Safety
                     Determination
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-81              Universal Service        November 17, 2009
                     Reform Act of 2009
                     Discussion Draft
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-82              H1N1 Preparedness: An    November 18, 2009
                     Overview of Vaccine
                     Production and
                     Distribution
                     [Subcommittee on
                     Health and
                     Subcommittee on
                     Oversight and
                     Investigations].
111-83              Exploring the Offline    November 19, 2009
                     and Online Collection
                     and Use of Consumer
                     Information
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection
                     and Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-84              Impacts of H.R. 3795,    December 2, 2009
                     the Over-the-Counter
                     Derivatives Markets
                     Act of 2009, on Energy
                     Markets [Subcommittee
                     on Energy and
                     Environment].
111-85              Breast Cancer Screening  December 2, 2009
                     Recommendations
                     [Subcommittee on
                     Health].
111-86              H.R. 3993, the Calling   December 3, 2009
                     Card Consumer
                     Protection Act of 2009
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-87              Prescription Drug Price  December 8, 2009
                     Inflation: Are Prices
                     Rising Too Fast?
                     [Subcommittee on
                     Health].
111-88              Drinking Water and       December 10, 2009
                     Public Health Impacts
                     of Coal Combustion
                     Waste Disposal
                     [Subcommittee on
                     Energy and
                     Environment].
111-89              H.R. 3125, the Radio     December 15, 2009
                     Spectrum Inventory
                     Act, and H.R. 3019,
                     the Spectrum
                     Relocation Improvement
                     Act of 2009
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-90              Innovations in           December 16, 2009
                     Addressing Childhood
                     Obesity [Subcommittee
                     on Health].
111-91              The ExxonMobil-XTO       January 20, 2010
                     Merger: Impacts on
                     U.S. Energy Markets
                     [Subcommittee on
                     Energy and
                     Environment].
111-92              Crib Safety: Assessing   January 21, 2010
                     the Need for Better
                     Oversight
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-93              H.R. 3655, the Bereaved  January 27, 2010
                     Consumer's Bill of
                     Rights Act of 2009
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-94              An Examination of the    February 4, 2010
                     Proposed Combination
                     of Comcast and NBC
                     Universal
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-95              A Review of the          February 4, 2010
                     Department of Health
                     and Human Services
                     Fiscal Year 2011
                     Budget [Full
                     Committee].
111-96              Response by Toyota and   February 23, 2010
                     NHTSA to Incidents of
                     Sudden Unintended
                     Acceleration
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-97              Premium Increases by     February 24, 2010
                     Anthem Blue Cross in
                     the Individual Health
                     Insurance Market
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-98              The Collection and Use   February 24, 2010
                     of Location
                     Information for
                     Commercial Purposes
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection
                     and Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-99              Endocrine Disrupting     February 25, 2010
                     Chemicals in Drinking
                     Water: Risks to Human
                     Health and the
                     Environment
                     [Subcommittee on
                     Energy and
                     Environment].
111-100             Medical Radiation: An    February 26, 2010
                     Overview of the Issues
                     [Subcommittee on
                     Health].
111-101             Oversight of the         March 4, 2010
                     American Recovery and
                     Reinvestment Act:
                     Broadband, Part 3
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-102             TSCA and Persistent,     March 4, 2010
                     Bioaccumulative, and
                     Toxic Chemicals:
                     Examining Domestic and
                     International Actions
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-103             Drug Safety: An Update   March 10, 2010
                     from the Food and Drug
                     Administration
                     [Subcommittee on
                     Health].
111-104             NHTSA Oversight: The     March 11, 2010
                     Road Ahead
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-105             HomeStar: Job Creation   March 18, 2010
                     Through Home Energy
                     Retrofits
                     [Subcommittee on
                     Energy and
                     Environment].
111-106             H.R. 1796, the           March 18, 2010
                     Residential Carbon
                     Monoxide Poisoning
                     Prevention Act, and
                     H.R. 4805, the
                     Formaldehyde Standards
                     for Composite Wood
                     Products Act
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-107             Oversight of the         March 23, 2010
                     Federal Energy
                     Regulatory Commission
                     [Subcommittee on
                     Energy and
                     Environment].
111-108             NCI Cancer Research:     March 23, 2010
                     Today's Progress;
                     Tomorrow's Challenges
                     [Subcommittee on
                     Health].
111-109             Oversight of the         March 25, 2010
                     Federal Communications
                     Commission: The
                     National Broadband
                     Plan [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-110             Smokeless Tobacco:       April 14, 2010
                     Impact on the Health
                     of our Nation's Youth
                     and Use in Major
                     League Baseball
                     [Subcommittee on
                     Health].
111-111             The National Broadband   April 21, 2010
                     Plan: Deploying
                     Quality Broadband
                     Services to the Last
                     Mile [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-112             The Environment and      April 22, 2010
                     Human Health: HHS'
                     Role [Subcommittee on
                     Health].
111-113             Clean Energy Policies    April 28, 2010
                     That Reduce Our
                     Dependence on Oil
                     [Subcommittee on
                     Energy and
                     Environment].
110-114             Public Sales of          April 28, 2010
                     Hurricane Katrina/Rita
                     FEMA Trailers: Are
                     They Safe or
                     Environmental Time
                     Bombs? [Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection].
111-115             Antibiotic Resistance    April 28, 2010
                     and the Threat to
                     Public Health
                     [Subcommittee on
                     Health].
111-116             H. R. __, the Consumer   April 29, 2010
                     Product Safety
                     Enhancement Act
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-117             The National Broadband   April 29, 2010
                     Plan: Competitive
                     Availability of
                     Navigation Devices
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-118             The Role and             May 6, 2010
                     Performance of FDA in
                     Ensuring Food Safety
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-119             H.R. 4700, the           May 6, 2010
                     Transparency in All
                     Health Care Pricing
                     Act of 2010; H.R.
                     2249, the Health Care
                     Price Transparency
                     Promotion Act of 2009;
                     and H.R. 4803, the
                     Patients' Right to
                     Know Act [Subcommittee
                     on Health].
111-120             H.R. __, the Motor       May 6, 2010
                     Vehicle Safety Act of
                     2010 [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-121             Prematurity and Infant   May 12, 2010
                     Mortality: What
                     Happens When Babies
                     Are Born Too Early?
                     [Subcommittee on
                     Health].
111-122             Inquiry into the         May 12, 2010
                     Deepwater Horizon Gulf
                     Coast Oil Spill
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-123             H.R. 4501, the           May 13, 2010
                     Guarantee of a
                     Legitimate Deal Act,
                     and H.R. 2480, the
                     Truth in Fur Labeling
                     Act [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-124             The National Broadband   May 13, 2010
                     Plan: Promoting
                     Broadband Adoption
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-125             H.R. __, the             May 13, 2010
                     Assistance, Quality,
                     and Affordability Act
                     of 2010 [Subcommittee
                     on Energy and
                     Environment].
111-126             Update on Toyota and     May 20, 2010
                     NHTSA's Response to
                     the Problem of Sudden
                     Unintended
                     Acceleration
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-127             Effects of Developments  May 27, 2010
                     in Synthetic Genomics
                     [Full Committee].
111-128             Combating the BP Oil     May 27, 2010
                     Spill [Subcommittee on
                     Energy and
                     Environment].
111-129             Local Impact of the      June 7, 2010
                     Deepwater Horizon Oil
                     Spill [Subcommittee on
                     Oversight and
                     Investigations].
111-130             Promoting the            June 9, 2010
                     Development of
                     Antibiotics and
                     Ensuring Judicious Use
                     in Humans
                     [Subcommittee on
                     Health].
111-131             H.R. 3101, the Twenty-   June 10, 2010
                     First Century
                     Communications and
                     Video Accessibility
                     Act of 2009
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-132             The BP Oil Spill: Human  June 10, 2010
                     Exposure and
                     Environmental Fate
                     [Subcommittee on
                     Energy and
                     Environment].
111-133             NIH in the 21st          June 15, 2010
                     Century: The
                     Director's Perspective
                     [Subcommittee on
                     Health].
111-134             Drilling Down on         June 15, 2010
                     America's Energy
                     Future: Safety,
                     Security and Clean
                     Energy [Subcommittee
                     on Energy and
                     Environment].
111-135             HHS Actions to Identify  June 16, 2010
                     and Address Health
                     Effects of the BP Oil
                     Spill [Subcommittee on
                     Health].
111-136             H.R. 4678, the Foreign   June 16, 2010
                     Manufacturers Legal
                     Accountability Act,
                     and H.R. 5156, the
                     Clean Energy
                     Technology
                     Manufacturing and
                     Export Assistance Act
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-137             The Role of BP in the    June 17, 2010
                     Deepwater Horizon
                     Explosion and Oil
                     Spill [Subcommittee on
                     Oversight and
                     Investigations].
111-138             Discussion Draft to      June 17, 2010
                     Provide Funding for
                     the Construction and
                     Maintenance of a
                     Nationwide,
                     Interoperable Public
                     Safety Broadband
                     Network, and for Other
                     Purposes, and H.R.
                     4829, the Next
                     Generation 911
                     Preservation Act of
                     2010 [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-139             MedPAC's June 2010       June 23, 2010
                     Report to Congress:
                     Aligning Incentives in
                     Medicare [Subcommittee
                     on Health].
111-140             Legislation to Respond   June 30, 2010
                     to the BP Oil Spill
                     and Prevent Future Oil
                     Well Blowouts
                     [Subcommittee on
                     Energy and
                     Environment].
111-141             The Battle Against       July 1, 2010
                     Diabetes: Progress
                     Made; Challenges Unmet
                     [Subcommittee on
                     Health].
111-142             Comcast and NBC          July 8, 2010
                     Universal: Who
                     Benefits?
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-143             H.R. 4692, the National  July 14, 2010
                     Manufacturing Strategy
                     Act of 2010
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-144             Antibiotic Resistance    July 14, 2010
                     and the Use of
                     Antibiotics in Animal
                     Agriculture
                     [Subcommittee on
                     Health].
111-145             The Role of the          July 20, 2010
                     Interior Department in
                     the Deepwater Horizon
                     Disaster [Subcommittee
                     on Energy and
                     Environment and
                     Subcommittee on
                     Oversight and
                     Investigations].
111-146             H.R. 5710, the National  July 22, 2010
                     All-Schedules
                     Electronic Reporting
                     Reauthorization Act of
                     2010, and H.R. 5809,
                     the Safe Drug Disposal
                     Act [Subcommittee on
                     Health].
111-147             H.R. 5777, the BEST      July 22, 2010
                     PRACTICES Act, and
                     H.R. --------, a
                     discussion draft to
                     require notice to and
                     consent of an
                     individual prior to
                     the collection and
                     disclosure of certain
                     personal information
                     relating to that
                     individual
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-148             Direct-To-Consumer       July 22, 2010
                     Genetic Testing and
                     the Consequences to
                     the Public Health
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-149             Implementation of the    July 27, 2010
                     Health Information
                     Technology for
                     Economic and Clinical
                     Health (HITECH) Act
                     [Subcommittee on
                     Health].
111-150             The BP Oil Spill and     July 27, 2010
                     Gulf Coast Tourism:
                     Assessing the Impact
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-151             H.R. 5820, the Toxic     July 29, 2010
                     Chemicals Safety Act
                     of 2010 [Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection].
111-152             The BP Oil Spill:        August 19, 2010
                     Accounting for the
                     Spilled Oil and
                     Ensuring the Safety of
                     Seafood from the Gulf
                     [Subcommittee on
                     Energy and
                     Environment].
111-153             Protecting School-Aged   September 8, 2010
                     Children from Sports-
                     Related Concussion
                     Injury [Subcommittee
                     on Health].
111-154             Pending Public Health    September 15, 2010
                     Legislation
                     [Subcommittee on
                     Health].
111-155             Medicare's Competitive   September 15, 2010
                     Bidding Program for
                     Durable Medical
                     Equipment:
                     Implications for
                     Quality, Cost and
                     Access [Subcommittee
                     on Health].
111-156             H.R. 5828, the           September 16, 2010
                     Universal Service
                     Reform Act of 2010
                     [Subcommittee on
                     Communications,
                     Technology, and the
                     Internet].
111-157             The Outbreak of          September 22, 2010
                     Salmonella in Eggs
                     [Subcommittee on
                     Oversight and
                     Investigations].
111-158             Cutting Waste, Fraud,    September 22, 2010
                     and Abuse in Medicare
                     and Medicaid
                     [Subcommittee on
                     Health].
111-159             Pipeline Safety          September 23, 2010
                     Oversight and
                     Legislation
                     [Subcommittee on
                     Energy and
                     Environment].
111-160             H.R. 6149, the Coin and  September 23, 2010
                     Precious Metal
                     Disclosure Act
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-161             Discussion Draft of      September 30, 2010
                     Drug Safety
                     Legislation
                     [Subcommittee on
                     Health].
111-162             Do-Not-Track             December 2, 2010
                     Legislation: Is Now
                     the Right Time?
                     [Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection].
111-163             Alzheimer's Disease:     December 9, 2010
                     The Ongoing Challenges
                     [Subcommittee on
                     Health].
------------------------------------------------------------------------

                                 PART B


                            COMMITTEE PRINTS
------------------------------------------------------------------------
    Serial No.       Committee Print Title               Date
------------------------------------------------------------------------
111-A               Compilation of Patient   November 2010
                     Protection and
                     Affordable Care Act As
                     Amended Through
                     November 1, 2010
                     [Committee on Energy
                     and Commerce].
111-B               Compilation of Selected  January 2011
                     Acts within the
                     Jurisdiction of the
                     Committee on Energy
                     and Commerce Health
                     Law Public Health
                     Service Act As Amended
                     Through January 2,
                     2011 [Committee on
                     Energy and Commerce].
------------------------------------------------------------------------

                                  
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