[House Report 112-125]
[From the U.S. Government Publishing Office]


                                                  Union Calendar No. 75

112th Congress, 1st Session - - - - - - - - - - - - House Report 112-125




                            ACTIVITY REPORT

                                 OF THE

                    COMMITTEE ON ENERGY AND COMMERCE

                                 OF THE

                     U.S. HOUSE OF REPRESENTATIVES

                        JANUARY 5 - MAY 31, 2011

                             together with

                            DISSENTING VIEWS

                                   


                                   


 June 28, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
                       
                               ______


                        U.S. GOVERNMENT PRINTING OFFICE

99-006                      WASHINGTON : 2011






                           LETTER OF TRANSMITTAL

                              ----------                             

                          House of Representatives,
                          Committee on Energy and Commerce,
                                     Washington, DC, June 28, 2011.
Hon. Karen L. Haas,
Clerk, House of Representatives,
Washington, DC.

    Dear Ms. Haas: Pursuant to clause 1(d) of Rule XI of the 
Rules of the House of Representatives, I present herewith the 
first semiannual report on the activity of the Committee on 
Energy and Commerce for the 112th Congress with dissenting 
views, including the Committee's review and study of 
legislation within its jurisdiction and the oversight 
activities undertaken by the Committee. The activity report was 
reported out of Committee with amendment by a voice vote.
            Sincerely,
                                                Fred Upton,
                                                          Chairman.





                            C O N T E N T S

                              ----------                             


                                                                   Page
Membership and Organization......................................     2
Summary of Committee Activities..................................     8
Legislative and Oversight Activity...............................     9
    Full Committee...............................................     9
    Subcommittee on Commerce, Manufacturing, and Trade...........    11
    Subcommittee on Communications and Technology................    15
    Subcommittee on Energy and Power.............................    21
    Subcommittee on Environment and the Economy..................    29
    Subcommittee on Health.......................................    33
    Subcommittee on Oversight and Investigations.................    45
Hearings Held Pursuant to Clauses 2(n), (o), or (p) of Rule XI...    50
Oversight Plan for the 112th Congress............................    51
Dissenting Views.................................................    61


                      MEMBERSHIP AND ORGANIZATION


                      one hundred twelth congress


                    Committee on Energy and Commerce

                             (Ratio 31-23)

  FRED UPTON, Michigan, Chairman

HENRY A. WAXMAN, California,         JOE BARTON, Texas,
  Ranking Member                       Chairman Emeritus
JOHN D. DINGELL, Michigan,           CLIFF STEARNS, Florida
  Chairman Emeritus                  ED WHITFIELD, Kentucky
EDWARD J. MARKEY, Massachusetts      JOHN SHIMKUS, Illinois
EDOLPHUS TOWNS, New York             JOSEPH R. PITTS, Pennsylvania
FRANK PALLONE, Jr., New Jersey       MARY BONO MACK, California
BOBBY L. RUSH, Illinois              GREG WALDEN, Oregon
ANNA G. ESHOO, California            LEE TERRY, Nebraska
ELIOT L. ENGEL, New York             MIKE ROGERS, Michigan
GENE GREEN, Texas                    SUE WILKINS MYRICK, North 
DIANA DeGETTE, Colorado              Carolina,
LOIS CAPPS, California                 Vice Chairman
MICHAEL F. DOYLE, Pennsylvania       JOHN SULLIVAN, Oklahoma
JAN SCHAKOWSKY, Illinois             TIM MURPHY, Pennsylvania
CHARLES A. GONZALEZ, Texas           MICHAEL C. BURGESS, Texas
JAY INSLEE, Washington               MARSHA BLACKBURN, Tennessee
TAMMY BALDWIN, Wisconsin             BRIAN P. BILBRAY, California
MIKE ROSS, Arkansas                  CHARLES F. BASS, New Hampshire
ANTHONY D. WEINER, New York          PHIL GINGREY, Georgia
JIM MATHESON, Utah                   STEVE SCALISE, Louisiana
G.K. BUTTERFIELD, North Carolina     ROBERT E. LATTA, Ohio
JOHN BARROW, Georgia                 CATHY McMORRIS RODGERS, Washington
DORIS O. MATSUI, California          GREGG HARPER, Mississippi
DONNA M. CHRISTENSEN, Virgin Islands*LEONARD LANCE, New Jersey
                                     BILL CASSIDY, Louisiana
                                     BRETT GUTHRIE, Kentucky
                                     PETE OLSON, Texas
                                     DAVID B. McKINLEY, West Virginia
                                     CORY GARDNER, Colorado
                                     MIKE POMPEO, Kansas
                                     ADAM KINZINGER, Illinois
                                     H. MORGAN GRIFFITH, Virginia

----------
*Representative Jane Harman (D-CA) resigned from the Committee on 
Energy and Commerce on February 28, 2011. Representative Donna M. 
Christensen (D-VI) was elected to the Committee on Energy and Commerce 
on March 8, 2011, pursuant to H. Res. 149.
               Subcommittee Memberships and Jurisdiction


           Subcommittee on Commerce, Manufacturing, and Trade


                              (Ratio 14-9)


   MARY BONO MACK, California, 
             Chairman

G.K. BUTTERFIELD, North Carolina     MARSHA BLACKBURN, Tennessee,
  Ranking Member                       Vice Chairman
CHARLES A. GONZALEZ, Texas           CLIFF STEARNS, Florida
JIM MATHESON, Utah                   CHARLES F. BASS, New Hampshire
JOHN D. DINGELL, Michigan            GREGG HARPER, Mississippi
EDOLPHUS TOWNS, New York             LEONARD LANCE, New Jersey
BOBBY L. RUSH, Illinois              BILL CASSIDY, Louisiana
JAN SCHAKOWSKY, Illinois             BRETT GUTHRIE, Kentucky
MIKE ROSS, Arkansas                  PETE OLSON, Texas
HENRY A. WAXMAN, California          DAVID B. McKINLEY, West Virginia
  (Ex Officio)                       MIKE POMPEO, Kansas
                                     ADAM KINZINGER, Illinois
                                     JOE BARTON, Texas
                                     FRED UPTON, Michigan
                                       (Ex Officio)

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

             Subcommittee on Communications and Technology


                             (Ratio 16-11)


   GREG WALDEN, Oregon, Chairman

ANNA G. ESHOO, California,           LEE TERRY, Nebraska,
  Ranking Member                       Vice Chairman
EDWARD J. MARKEY, Massachusetts      CLIFF STEARNS, Florida
MICHAEL F. DOYLE, Pennsylvania       JOHN SHIMKUS, Illinois
DORIS O. MATSUI, California          MARY BONO MACK, California
JOHN BARROW, Georgia                 MIKE ROGERS, Michigan
DONNA M. CHRISTENSEN, Virgin Islands MARSHA BLACKBURN, Tennessee
EDOLPHUS TOWNS, New York             BRIAN P. BILBRAY, California
FRANK PALLONE, Jr., New Jersey       CHARLES F. BASS, New Hampshire
BOBBY L. RUSH, Illinois              PHIL GINGREY, Georgia
DIANA DeGETTE, Colorado              STEVE SCALISE, Louisiana
JOHN D. DINGELL, Michigan,           ROBERT E. LATTA, Ohio
  (Ex Officio--non voting)           BRETT GUTHRIE, Kentucky
HENRY A. WAXMAN, California          ADAM KINZINGER, Illinois
  (Ex Officio)                       JOE BARTON, Texas
                                     FRED UPTON, Michigan
                                       (Ex Officio)

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


                             (Ratio 16-11)


 ED WHITFIELD, Kentucky, Chairman

BOBBY L. RUSH, Illinois,             JOHN SULLIVAN, Oklahoma,
  Ranking Member                       Vice Chairman
JAY INSLEE, Washington               JOHN SHIMKUS, Illinois
JIM MATHESON, Utah                   GREG WALDEN, Oregon
JOHN D. DINGELL, Michigan            LEE TERRY, Nebraska
EDWARD J. MARKEY, Massachusetts      MICHAEL C. BURGESS, Texas
ELIOT L. ENGEL, New York             BRIAN P. BILBRAY, California
GENE GREEN, Texas                    STEVE SCALISE, Louisiana
LOIS CAPPS, California               CATHY McMORRIS RODGERS, Washington
MICHAEL F. DOYLE, Pennsylvania       PETE OLSON, Texas
CHARLES A. GONZALEZ, Texas           DAVID B. McKINLEY, West Virginia
HENRY A. WAXMAN, California          CORY GARDNER, Colorado
  (Ex Officio)                       MIKE POMPEO, Kansas
                                     H. MORGAN GRIFFITH, Virginia
                                     JOE BARTON, Texas
                                     FRED UPTON, Michigan
                                       (Ex Officio)

Jurisdiction: National energy policy generally; Fossil energy, 
renewable energy resources and synthetic fuels, energy conservation, 
energy information; Energy regulation and utilization; Utility issues 
and regulation of nuclear facilities; Interstate energy compacts; 
Nuclear energy; The Clean Air Act and air emissions; and, All laws, 
programs, and government activities affecting such matters.

              Subcommittee on Environment and the Economy


                              (Ratio 14-9)


 JOHN SHIMKUS, Illinois, Chairman

GENE GREEN, Texas,                   TIM MURPHY, Pennsylvania,
  Ranking Member                       Vice Chairman
TAMMY BALDWIN, Wisconsin             ED WHITFIELD, Kentucky
G.K. BUTTERFIELD, North Carolina     JOSEPH R. PITTS, Pennsylvania
JOHN BARROW, Georgia                 MARY BONO MACK, California
DORIS O. MATSUI, California          JOHN SULLIVAN, Oklahoma
FRANK PALLONE, Jr., New Jersey       CHARLES F. BASS, New Hampshire
DIANA DeGETTE, Colorado              ROBERT E. LATTA, Ohio
LOIS CAPPS, California               CATHY McMORRIS RODGERS, Washington
JOHN D. DINGELL, Michigan,           GREGG HARPER, Mississippi
  (Ex Officio--non voting)           BILL CASSIDY, Louisiana
HENRY A. WAXMAN, California          CORY GARDNER, Colorado
  (Ex Officio)                       JOE BARTON, Texas
                                     FRED UPTON, Michigan
                                       (Ex Officio)

Jurisdiction: All matters relating to soil and water contamination; The 
regulation of solid, hazardous, and nuclear wastes; The regulation of 
industrial plant security; The regulation of drinking water; and, The 
regulation of toxic substances and noise.
                         Subcommittee on Health


                             (Ratio 16-11)


  JOSEPH R. PITTS, Pennsylvania, 
             Chairman

FRANK PALLONE, Jr., New Jersey,      MICHAEL C. BURGESS, Texas,
  Ranking Member                       Vice Chairman
JOHN D. DINGELL, Michigan            ED WHITFIELD, Kentucky
EDOLPHUS TOWNS, New York             JOHN SHIMKUS, Illinois
ELIOT L. ENGEL, New York             MIKE ROGERS, Michigan
LOIS CAPPS, California               SUE WILKINS MYRICK, North Carolina
JAN SCHAKOWSKY, Illinois             TIM MURPHY, Pennsylvania
CHARLES A. GONZALEZ, Texas           MARSHA BLACKBURN, Tennessee
TAMMY BALDWIN, Wisconsin             PHIL GINGREY, Georgia
MIKE ROSS, Arkansas                  ROBERT E. LATTA, Ohio
ANTHONY D. WEINER, New York          CATHY McMORRIS RODGERS, Washington
HENRY A. WAXMAN, California          LEONARD LANCE, New Jersey
  (Ex Officio)                       BILL CASSIDY, Louisiana
                                     BRETT GUTHRIE, Kentucky
                                     JOE BARTON, Texas
                                     FRED UPTON, Michigan
                                       (Ex Officio)

Jurisdiction: Public health and quarantine; hospital construction; 
mental health and research; biomedical programs and health protection 
in general, including public and private health insurance; Food and 
drugs; and, Drug abuse.

              Subcommittee on Oversight and Investigations


                              (Ratio 14-9)


 CLIFF STEARNS, Florida, Chairman

DIANA DeGETTE, Colorado,             LEE TERRY, Nebraska
  Ranking Member                     SUE WILKINS MYRICK, North Carolina
JAN SCHAKOWSKY, Illinois             JOHN SULLIVAN, Oklahoma
MIKE ROSS, Arkansas                  TIM MURPHY, Pennsylvania
ANTHONY D. WEINER, New York          MICHAEL C. BURGESS, Texas
EDWARD J. MARKEY, Massachusetts      MARSHA BLACKBURN, Tennessee
GENE GREEN, Texas                    BRIAN P. BILBRAY, California
DONNA M. CHRISTENSEN,                PHIL GINGREY, Georgia
  Virgin Islands                     STEVE SCALISE, Louisiana
JOHN D. DINGELL, Michigan            CORY GARDNER, Colorado
HENRY A. WAXMAN, California          H. MORGAN GRIFFITH, Virginia
  (Ex Officio)                       JOE BARTON, Texas
                                     FRED UPTON, Michigan
                                       (Ex Officio)

Jurisdiction: Responsibility for oversight of agencies, departments, 
and programs within the jurisdiction of the full committee, and for 
conducting investigations within such jurisdiction.
                            COMMITTEE STAFF


                        Majority Committee Staff


    Gary Andres, Staff Director
James D. Barnette, General Counsel
 Michael Beckerman, Deputy Staff 
             Director
  Michael D. Bloomquist, Deputy 
          General Counsel
  Alexa Marrero, Communications 
             Director
 Maryam S. Brown, Chief Counsel, 
         Energy and Power
    Neil Fried, Chief Counsel, 
   Communications and Technology
  Todd Harrison, Chief Counsel, 
   Oversight and Investigations 
 Ryan Long, Chief Counsel, Health
  David McCarthy, Chief Counsel, 
   Environment and the Economy 
   John Mullan, Chief Counsel, 
Commerce, Manufacturing, and Trade
   Nick Abraham, Staff Assistant
    Clayton R. Alspach, Counsel
      Carl Anderson, Counsel
 Charlotte Baker, Press Secretary
 Caroline Basile, Staff Assistant
  Ray Baum, Senior Policy Advisor
Sean Bonyun, Deputy Communications 
             Director
   Anita Bradley, Senior Policy 
   Advisor to Chairman Emeritus
 Allison Busbee, Legislative Clerk
      Paul Cancienne, Policy 
      Coordinator, Commerce, 
     Manufacturing, and Trade
     Karen Christian, Counsel
       Stacy Cline, Counsel
Howard Cohen, Chief Health Counsel
   Sean Corcoran, Office Manager
Gerald Couri, Senior Environmental 
          Policy Advisor
     Patrick Currier, Counsel
  Aaron S. Cutler, Deputy Policy 
             Director
   Martin Dannenfelser, Senior 
    Advisor, Health Policy and 
            Coalitions
  Nicholas Degani, Detailee, FCC
Brenda Destro, Professional Staff 
              Member
Andy Duberstein, Special Assistant 
          to the Chairman
 Paul Edattel, Professional Staff 
              Member
  Garrett Golding, Professional 
           Staff Member
 Julie Goon, Senior Health Policy 
              Advisor
Mike Gruber, Senior Policy Advisor
        Sean Hayes, Counsel
 Cory Hicks, Policy Coordinator, 
          Energy & Power
  Deborah Keller, Press Secretary
Peter E. Kielty, Associate Counsel
    Heidi King, Chief Economist
    Wayne Laufert, GPO Printer
      Ben Lieberman, Counsel
     Brian McCullough, Senior 
     Professional Staff Member
  Carly McWilliams, Legislative 
               Clerk
  Jeffery Mortier, Professional 
           Staff Member
   Mary Neumayr, Senior Energy 
              Counsel
  Nika Nourmohammadi, New Media 
            Specialist
Kathryn Novaria, Legislative Clerk
John O'Shea, Senior Health Policy 
              Advisor
 Monica Popp, Professional Staff 
              Member
 Andrew Powaleny, Press Assistant
        David Redl, Counsel
      Tina Richards, Counsel
   Krista Carpenter Rosenthall, 
   Counsel to Chairman Emeritus
Chris Sarley, Policy Coordinator, 
       Environment & Economy
   Charlotte Savercool, Special 
  Assistant to the Staff Director
   Brett Scott, Staff Assistant
     Alan M. Slobodin, Chief 
       Investigative Counsel
      Samuel Spector, Counsel
Peter Spencer, Professional Staff 
              Member
   Heidi Stirrup, Health Policy 
            Coordinator
   John Stone, Associate Counsel
   Tim Torres, Deputy Director, 
      Information Technology
    Linda Walker, Coordinator, 
Administrative and Human Resources
     Shannon Weinberg, Counsel
     Chris Wells, GPO Printer
    Tom Wilbur, Staff Assistant
     Jean Woodrow, Director, 
      Information Technology
  Alexander Yergin, Legislative 
               Clerk
                        Minority Committee Staff


 Philip S. Barnett, Staff Director
    Karen Nelson, Deputy Staff 
         Director, Health
 Kristin Amerling, Chief Counsel 
   and Oversight Staff Director
 Karen Lightfoot, Communications 
Director and Senior Policy Advisor
   Michelle Ash, Chief Counsel, 
Commerce, Manufacturing, and Trade
   Greg Dotson, Staff Director, 
      Energy and Environment
  Ruth Katz, Chief Public Health 
              Counsel
  Roger Sherman, Chief Counsel, 
   Communications and Technology
Brian Cohen, Investigations Staff 
Director and Senior Policy Advisor
 Alexandra Teitz, Senior Counsel, 
      Energy and Environment
    Jeff Baran, Senior Counsel
     Stacia Cardille, Counsel
       Shawn Chang, Counsel
     Jacqueline Cohen, Counsel
   Purvee Kempf, Senior Counsel
      Felipe Mendoza, Counsel
    Rachel Sher, Senior Counsel
       Anne Tindall, Counsel
 Tiffany Benjamin, Investigative 
              Counsel
      Alison Cassady, Senior 
     Professional Staff Member
 Stephen Cha, Senior Professional 
           Staff Member
Tim Gronniger, Senior Professional 
           Staff Member
  Jennifer Berenholz, Chief Clerk
 Elizabeth B. Ertel, Deputy Clerk
  Lindsay Vidal, Press Secretary
 Zhongrui Deng, Chief Information 
              Officer
    Kathleen J. Skiles, Online 
      Communications Director
   Alvin Banks, Assistant Clerk
   Allison Corr, Policy Analyst
   Sarah Fisher, Policy Analyst
 Caitlin Haberman, Policy Analyst
   Alison Neubauer, Investigator
   Mitch Smiley, Assistant Clerk
   Will Wallace, Policy Analyst
                    Summary of Committee Activities


                          (as of May 31, 2011)

Total Bills and Resolutions Referred to Committee................   417
Public Laws......................................................     0
Bills and Resolutions Reported to the House......................    12
Hearings Held:
    Days of Hearings.............................................    52
        Full Committee...........................................     1
        Subcommittee on Commerce, Manufacturing, and Trade.......     6
        Subcommittee on Communications and Technology............     7
        Subcommittee on Energy and Power.........................   17*
        Subcommittee on Environment and the Economy..............    6*
        Subcommittee on Health...................................    10
        Subcommittee on Oversight and Investigations.............     8
    Hours of Sitting.............................................140:32
        Full Committee...........................................  2:18
        Subcommittee on Commerce, Manufacturing, and Trade....... 19:00
        Subcommittee on Communications and Technology............ 14:22
        Subcommittee on Energy and Power.........................48:31*
        Subcommittee on Environment and the Economy..............17:14*
        Subcommittee on Health................................... 26:26
        Subcommittee on Oversight and Investigations............. 22:10
Legislative Markups:
    Days of Markups..............................................    17
        Full Committee...........................................     8
        Subcommittee on Commerce, Manufacturing, and Trade.......     1
        Subcommittee on Communications and Technology............     2
        Subcommittee on Energy and Power.........................     2
        Subcommittee on Environment and the Economy..............     1
        Subcommittee on Health...................................     3
    Hours of Sitting............................................. 40:32
        Full Committee........................................... 24:59
        Subcommittee on Commerce, Manufacturing, and Trade.......  0:53
        Subcommittee on Communications and Technology............  1:19
        Subcommittee on Energy and Power.........................  4:00
        Subcommittee on Environment and the Economy..............  0:13
        Subcommittee on Health...................................  9:08
Business Meetings:
    Days of Meetings.............................................     1
        Subcommittee on Oversight and Investigations.............     0
    Hours of Sitting............................................. 32:00
        Subcommittee on Oversight and Investigations.............  0:00

----------
*The Subcommittee on Energy and Power and the Subcommittee on 
Environment and the Economy met in joint session for 3 days of 
hearings.

                   LEGISLATIVE AND OVERSIGHT ACTIVITY

                             Full Committee

                             (Ratio 31-23)

  FRED UPTON, Michigan, Chairman

HENRY A. WAXMAN, California,         JOE BARTON, Texas, Chairman 
  Ranking Member                     Emeritus
JOHN D. DINGELL, Michigan, Chairman EmeritusTEARNS, Florida
EDWARD J. MARKEY, Massachusetts      ED WHITFIELD, Kentucky
EDOLPHUS TOWNS, New York             JOHN SHIMKUS, Illinois
FRANK PALLONE, Jr., New Jersey       JOSEPH R. PITTS, Pennsylvania
BOBBY L. RUSH, Illinois              MARY BONO MACK, California
ANNA G. ESHOO, California            GREG WALDEN, Oregon
ELIOT L. ENGEL, New York             LEE TERRY, Nebraska
GENE GREEN, Texas                    MIKE ROGERS, Michigan
DIANA DeGETTE, Colorado              SUE WILKINS MYRICK, North 
LOIS CAPPS, California               Carolina, Vice Chairman
MICHAEL F. DOYLE, Pennsylvania       JOHN SULLIVAN, Oklahoma
JAN SCHAKOWSKY, Illinois             TIM MURPHY, Pennsylvania
CHARLES A. GONZALEZ, Texas           MICHAEL C. BURGESS, Texas
JAY INSLEE, Washington               MARSHA BLACKBURN, Tennessee
TAMMY BALDWIN, Wisconsin             BRIAN P. BILBRAY, California
MIKE ROSS, Arkansas                  CHARLES F. BASS, New Hampshire
ANTHONY D. WEINER, New York          PHIL GINGREY, Georgia
JIM MATHESON, Utah                   STEVE SCALISE, Louisiana
G.K. BUTTERFIELD, North Carolina     ROBERT E. LATTA, Ohio
JOHN BARROW, Georgia                 CATHY McMORRIS RODGERS,
DORIS O. MATSUI, California            Washington
DONNA M. CHRISTENSEN,                GREGG HARPER, Mississippi
  Virgin Islands                     LEONARD LANCE, New Jersey
                                     BILL CASSIDY, Louisiana
                                     BRETT GUTHRIE, Kentucky
                                     PETE OLSON, Texas
                                     DAVID B. McKINLEY, West Virginia
                                     CORY GARDNER, Colorado
                                     MIKE POMPEO, Kansas
                                     ADAM KINZINGER, Illinois
                                     H. MORGAN GRIFFITH, Virginia

                          OVERSIGHT ACTIVITIES


The Consequence of Obamacare: Impact on Medicaid and State Health Care 
                                 Reform

    On February 9, 2011, the Committee on Energy and Commerce 
held an oversight hearing on the Consequences of Obamacare: 
Impact on Medicaid and State Health Care Reform. At the 
hearing, the Committee heard from governors regarding their 
experiences with the Federal requirements included in the 
Patient Protection and Affordable Care Act. The Committee 
received testimony from the Governors of Massachusetts, 
Mississippi, and Utah.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                             HEARINGS HELD

    Hearing on the impact of the Patient Protection and 
Affordable Care Act (H.R. 3590, P.L. 111-148) and the health-
care related portions of the Health Care and Education 
Reconciliation Act of 2010 (H.R. 4872, P.L. 11-152). Hearing 
held on February 9, 2005. PRINTED, Serial Number 112-11.
           Subcommittee on Commerce, Manufacturing, and Trade

                              (Ratio 14-9)

   MARY BONO MACK, California, 
             Chairman

G.K. BUTTERFIELD, North Carolina,   Ranking MemberURN, Tennessee,
CHARLES A. GONZALEZ, Texas             Vice Chairman
JIM MATHESON, Utah                   CLIFF STEARNS, Florida
JOHN D. DINGELL, Michigan            CHARLES F. BASS, New Hampshire
EDOLPHUS TOWNS, New York             GREGG HARPER, Mississippi
BOBBY L. RUSH, Illinois              LEONARD LANCE, New Jersey
JAN SCHAKOWSKY, Illinois             BILL CASSIDY, Louisiana
MIKE ROSS, Arkansas                  BRETT GUTHRIE, Kentucky
HENRY A. WAXMAN, California          PETE OLSON, Texas
  (Ex Officio)                       DAVID B. McKINLEY, West Virginia
                                     MIKE POMPEO, Kansas
                                     ADAM KINZINGER, Illinois
                                     JOE BARTON, Texas
                                     FRED UPTON, Michigan (Ex Officio)

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

                         LEGISLATIVE ACTIVITIES


          Enhancing CPSC Authority and Discretion Act of 2011


                              (H.R. 1939)

    To provide the Consumer Product Safety Commission with 
greater authority and discretion in enforcing the consumer 
product safety laws, and for other purposes.

Summary

    H.R. 1939 amends the Consumer Product Safety Act and the 
Consumer Product Safety Improvement Act of 2008 (CPSIA) to 
reduce the regulatory burdens created by CPSIA where possible 
to do so without harming consumers; to enhance the Consumer 
Production Safety Commission's (CPSC) ability to investigate 
complaints and prioritize based on risk; and to improve the 
utility and accuracy of information in the CPSC's public 
database.

Legislative History

    On April 7, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Discussion 
Draft of H.R. __, a bill that would revise the Consumer Product 
Safety Improvement Act.''
    On May 12, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade met in open markup session and 
forwarded the discussion draft to the Full Committee, as 
amended, by a voice vote.
    H.R. 1939 was introduced by Ms. Bono Mack on May 23, 2011, 
and referred to the Committee on Energy and Commerce.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72.

                          OVERSIGHT ACTIVITIES


                  A Review of CPSIA and CPSC Resources

    On February 17, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held hearing entitled ``A Review of 
CPSIA and CPSC Resources.'' The purpose of the hearing was to 
develop an understanding of the problems created by Consumer 
Product Safety Improvement Act and review the Commission's 
budget. The Subcommittee received testimony from two panels of 
witnesses. The first panel included the Chairman and a 
commissioner of the Consumer Product Safety Commission. The 
second panel included representatives of the Handmade Toy 
Alliance, Association of Home Appliance Manufacturers, Learning 
Resources Inc., and Kids in Danger.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

    Made in America: Innovations in Job Creation and Economic Growth

    On March 3, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing to obtain an overview 
of the multiple facets of job creation in today's economic and 
regulatory climate. The Subcommittee received testimony from 
representatives of the Department of Commerce, the U.S. Chamber 
of Commerce, the State of Georgia, the National Association of 
Manufacturers, the American Action Forum, the Financial 
Services Roundtable, the Council on Competitiveness, Solar 
Energy Industries Association, and the Center for American 
Progress.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72.

       Made in America: Increasing Jobs Through Exports and Trade

    On March 16, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing to examine the 
Administration's efforts to promote trade and increase export 
opportunities and receive the views of private enterprise 
stakeholders on technical and other non-tariff trade barriers. 
The Subcommittee received testimony from representatives of the 
Department of Commerce, the U.S. Chamber of Commerce, the 
Business Software Alliance, the Center for Trade Policy Studies 
at CATO Institute, Cessna Aircraft Company, and the Capstone 
Turbine Corporation.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

       Warning: The Growing Danger of Prescription Drug Diversion

    On April 14, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Warning: The 
Growing Danger of Prescription Drug Diversion.'' The hearing 
was held to investigate the problem of the misuse of 
prescription drugs. Overdose rates of prescription drugs have 
increased five-fold since 1990, and unintentional drug 
poisoning deaths are now the second leading cause of accidental 
death in America. The Subcommittee received testimony from the 
Governor of Florida, the Governor of Kentucky, the Office of 
National Drug Control Policy, and the Drug Enforcement 
Administration. There was also testimony from family members of 
individuals affected by prescription drug abuse, the medical 
community, drug companies, and anti-drug organizations.

             The Threat of Data Theft to American Consumers

    On May 4, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing to examine risks 
related to data breaches, the state of ongoing investigations, 
current industry data security practices, and available 
technology. It was reported that in April 2011 alone, over 30 
data breaches occurred at hospitals and medical provider 
offices, universities, insurance companies, airlines, 
technology companies, banks, and at the Federal, State and 
local government levels. These breaches occurred through 
phishing, theft of computers, and hacking, impacting at least 
99 million records. The Subcommittee received testimony from 
representatives of the Federal Trade Commission's Bureau of 
Consumer Protection, the U.S. Secret Service's Criminal 
Investigative Division, the Center for Democracy and 
Technology, and an expert from the computer science field.
    This activity was taken pursuant to the Committee on Energy 
and Commerce Oversight Plan for the 112th Congress.

                             HEARINGS HELD

    Hearing on a Review of CPSIA and CPSC Resources. Hearing 
held on February 17, 2011. PRINTED, Serial Number 112-10.
    Hearing on Made in America: Innovations in Job Creation and 
Economic Growth. Hearing held on March 3, 2011. PRINTED, Serial 
Number 112-15.
    Hearing on Made in America: Increasing Jobs through Exports 
and Trade. Hearing held on March 16, 2011. PRINTED, Serial 
Number 112-21.
    Hearing on a Discussion Draft of H.R. __, a bill that would 
revise the Consumer Product Safety Improvement Act. Hearing 
held on April 7, 2011. PRINTED, Serial Number 112-34.
    Hearing on Warning: The Growing Danger of Prescription Drug 
Diversion. Hearing held on April 14, 2011. PRINTED, Serial 
Number 112-39.
    Hearing on the Threat of Data Theft to American Consumers. 
Hearing held on May 4, 2011. PRINTED, Serial Number 112-44.
             Subcommittee on Communications and Technology

                             (Ratio 16-11)

  GREG WALDEN, Oregon, Chairman 

ANNA G. ESHOO, California,           LEE TERRY, Nebraska, Vice Chairman
  Ranking Member                     CLIFF STEARNS, Florida
EDWARD J. MARKEY, Massachusetts      JOHN SHIMKUS, Illinois
MICHAEL F. DOYLE, Pennsylvania       MARY BONO MACK, California
DORIS O. MATSUI, California          MIKE ROGERS, Michigan
JOHN BARROW, Georgia                 MARSHA BLACKBURN, Tennessee
DONNA M. CHRISTENSEN,                BRIAN P. BILBRAY, California
  Virgin Islands                     CHARLES F. BASS, New Hampshire
EDOLPHUS TOWNS, New York             PHIL GINGREY, Georgia
FRANK PALLONE, Jr., New Jersey       STEVE SCALISE, Louisiana
BOBBY L. RUSH, Illinois              ROBERT E. LATTA, Ohio
DIANA DeGETTE, Colorado              BRETT GUTHRIE, Kentucky
JOHN D. DINGELL, Michigan,           ADAM KINZINGER, Illinois
  (Ex Officio--non voting)           JOE BARTON, Texas
HENRY A. WAXMAN, California          FRED UPTON, Michigan
  (Ex Officio)                         (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.

                         LEGISLATIVE ACTIVITIES


     Disapproving the Rule Submitted by the Federal Communications 
   Commission With Respect to Regulating the Internet and Broadband 
                           Industry Practices


                             (H.J. RES. 37)

    Disapproving the rule submitted by the Federal 
Communications Commission with respect to regulating the 
Internet and broadband industry practices

Summary

    H.J. Res. 37 expresses Congress's disapproval of the rule 
adopted by the Federal Communications Commission on December 
21, 2010, (Report and Order FCC 10-201) relating to preserving 
the open Internet and broadband industry practices. The bill 
prohibits the rule from having any force or effect.

Legislative History

    On February 16, 2011, the Subcommittee on Communications 
and Technology held a hearing on ``Network Neutrality and 
Internet Regulation: Warranted or More Economic Harm than 
Good?'' After the hearing, Mr. Walden introduced H.J. Res. 37, 
which was referred to the Committee on Energy and Commerce.
    On February 28, 2011, H.J. Res. 37 was referred to the 
Subcommittee on Communications and Technology.
    The Subcommittee held a hearing on March 9, 2011, on ``H.J. 
Res. 37, Disapproving the rule submitted by the Federal 
Communications Commission with respect to regulation the 
Internet and broadband industry practices.''
    On March 9, 2011, the Subcommittee met in open markup 
session and forwarded H.J. Res. 37 to the Full Committee, 
without amendment, by a record vote of 15 yeas and 8 nays.
    The Full Committee met in a markup session on March 14 and 
March 15, 2011, and ordered H.J. Res. 37 favorably reported to 
the House, without amendment, by a record vote of 30 yeas and 
23 nays.
    On April 1, 2011, the Committee on Energy and Commerce 
reported H.J. Res. 37 to the House (H. Rept. 112-51), and the 
bill was placed on the Union Calendar (Calendar No. 25).
    On April 8, 2011, H.J. Res. 37 was considered in the House 
pursuant to H. Res. 200, and the joint resolution was passed by 
the House by a roll call vote of 240 yeas and 179 nays (Roll 
Call No. 252).
    On April 12, 2011, H.J. Res. 37 was received in the Senate 
and read the first time. On April 13, 2011, the joint 
resolution was read a second time and placed on the Senate 
Legislative Calendar under General Orders (Calendar No. 34).
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

To Return Unused or Reclaimed Funds Made Available for Broadband Awards 
 in the American Recovery and Reinvestment Act of 2009 to the Treasury 
                          of the United States


                              (H.R. 1343)

    To return unused or reclaimed funds made available for 
broadband awards in the American Recovery and Reinvestment Act 
of 2009 to the Treasury of the United States.

Summary

    H.R. 1343 requires the Administrator of the Rural Utilities 
Service and the Assistant Secretary of Commerce for 
Communications and Information to terminate any awards made 
under the Broadband Initiatives Program or the Broadband 
Technology Opportunities Program, if the Administrator or 
Assistant Secretary determines that cause exists to terminate 
the award, including insufficient level of performance, 
wasteful spending, or fraudulent spending.
    H.R. 1343 directs the Administrator and the Assistant 
Secretary to deobligate funds, upon terminating of an award, 
and return the funds to the Treasury.
    The bill also requires the Administrator and the Assistant 
Secretary to report to Congress explaining their determination 
and actions taken.

Legislative History

    On April 1, 2011, the Energy and Commerce Committee's 
Subcommittee on Communications and Technology held a hearing on 
a Committee Print to return to the U.S. Treasury unused or 
reclaimed funds made available for broadband awards in the 
American Recovery and Reinvestment Act of 2009, and to improve 
oversight of the grant programs. On the same day, the 
Subcommittee met in open markup session and favorably reported 
the Committee Print to the Full Committee, without amendment, 
by a voice vote.
    H.R. 1343 was introduced by Mr. Bass on April 4, 2011, and 
referred to the Committee on Energy and Commerce and the 
Committee on Agriculture.
    On April 4, 2011, the Committee on Energy and Commerce 
referred the bill to the Subcommittee on Communications and 
Technology, and the Subcommittee was then discharged from 
further consideration of H.R. 1343.
    On April 5, 2011, the Committee on Energy and Commerce met 
in open markup session and ordered H.R. 1343 favorably reported 
to the House, as amended, by a voice vote.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                          OVERSIGHT ACTIVITIES


                           Fairness Doctrine

    After FCC Commissioner McDowell discovered that the 
Fairness Doctrine was still officially a regulation of the FCC, 
even though the Commission had disclaimed its constitutionality 
in the 1980s, the Committee took steps urging the FCC to remove 
the Fairness Doctrine from the Code of Federal Regulations. In 
a letter sent May 31, 2011, the Committee Chairman and the 
Communications and Technology Subcommittee Chairman asked the 
FCC Chairman to eliminate the regulation as well as the related 
political-editorial and personal-attack rules. The FCC Chairman 
responded on June 6, 2011, noting that he opposed the Fairness 
Doctrine, and that it was unenforceable without a vote of the 
Commission to revive it, and he anticipated that the FCC would 
eliminate the regulation as part of its efforts at regulatory 
reform. The Committee Chairman and the Subcommittee Chairman 
followed up on June 8, 2011, requesting the FCC Chairman's 
anticipated timeline for the removal of the regulation and the 
FCC's plans for further eliminating outdated rules and 
burdensome regulations.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                        ARRA Broadband Spending

    On February 10, 2011, the Subcommittee on Communications 
and Technology held an oversight hearing on American Recovery 
and Reinvestment Act (ARRA) Broadband Spending. The purpose of 
this hearing was to commence Congressional oversight of the $7 
billion allocated for broadband in the ARRA, to analyze the 
risks associated with the program, and to help facilitate 
proper oversight by the administering agencies. The hearing 
also began discussion of draft legislation that would return to 
the Treasury any funds found to be wasteful, fraudulent, or 
allocated to grants that are failing to perform, as well as any 
funds that go unused or are relinquished. Witnesses included 
representatives from the Department of Commerce, the Department 
of Agriculture, the Government Accountability Office, Eagle 
Communications, and Merit Network, Inc.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

Network Neutrality and Internet Regulation: Warranted or More Economic 
                            Harm Than Good?

    On February 16, 2011, the Subcommittee on Communications 
and Technology held a hearing to investigate the Network 
Neutrality Rules adopted by the Federal Communications 
Commission (FCC) on December 21, 2010. The Subcommittee 
received testimony from the Chairman and Commissioners of the 
FCC.
    On March 3, 2011, Chairman Upton, Chairman Walden, and Mr. 
Terry sent a followup letter to the FCC Chairman, requesting 
the economic and market analysis included in the Commission's 
order to impose controversial Internet rules. The letter also 
requested information that would demonstrate that the FCC's 
network neutrality rules would not harm the American economy or 
the ability of Internet providers to innovate. On March 4, 
2011, Chairman Upton, Chairman Walden, and Mr. Terry sent 
letters to CTIA--The Wireless Association and the National 
Cable & Telecommunications Association--seeking information 
regarding the potential impact of the network neutrality rules 
on investment and economic activity.
    On March 9, 2011, the Subcommittee on Communications and 
Technology held a legislative hearing regarding a resolution 
pursuant to the Congressional Review Act regarding the FCC's 
Net Neutrality rules. The Subcommittee received testimony from 
AT&T, Free Press, and other stakeholders.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

  Using Spectrum To Advance Public Safety, Promote Broadband, Create 
                      Jobs, and Reduce the Deficit

    On April 12, 2011, the Subcommittee on Communications and 
Technology held a hearing to examine spectrum policy and to 
investigate how it can be used to bring interoperable broadband 
communications to public safety, advance wireless broadband, 
and reduce the deficit. The Subcommittee discussed four 
potential ways to meet the country's spectrum needs: auctioning 
the AWS-3 block, auctioning the 700 MHz D-block, holding 
incentive auctions, and relocating the spectrum of government 
users. The Subcommittee received testimony from Senator Slade 
Gorton, formerly of the 
9/11 Commission; the New York Police Department; the Brattle 
Group; U.S. Cellular; WGAL-TV; the Federal Communications 
Commission; and Intel Corp.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                           FCC Process Reform

    On May 13, 2011, the Subcommittee on Communications and 
Technology held a hearing on Federal Communications Commission 
(FCC) Process Reform. The purpose of this hearing was to 
examine possible reforms to FCC procedure to ensure consistency 
in the decision making process at the FCC. The Subcommittee 
received testimony from the Chairman and Commissioners.
    Chairman Walden and Chairman Stearns followed the hearing 
with a letter sent on June 3, 2011, seeking more detailed data 
about the Commission's activities. Among other things, the 
letter sought information about how many petitions, complaints, 
and applications are pending at the FCC, the FCC's use of 
internal deadlines to manage its docket, and the conditions the 
FCC has imposed on recent transactions.
    This activity was taken pursuant to the Committee on Energy 
and Commerce Oversight Plan for the 112th Congress.

            Creating an Interoperable Public Safety Network

    On May 25, 2011, the Subcommittee on Communications and 
Technology held a hearing entitled ``Creating an Interoperable 
Public Safety Network.'' The hearing was held to investigate 
why, almost 10 years after the events of September 11, 2001, 
and despite Congressional allocation of billions of dollars and 
approximately 100 MHz of spectrum for public safety use, first 
responders still do not have ubiquitous interoperable voice 
communications, and few have interoperable broadband. The 
Subcommittee received testimony from first responder groups, 
communications companies, and other stakeholders.
    This activity was taken pursuant to the Committee on Energy 
and Commerce Oversight Plan for the 112th Congress.

   Promoting Broadband, Jobs and Economic Growth Through Commercial 
                           Spectrum Auctions

    On June 1, 2011, the Subcommittee on Communications and 
Technology held a hearing entitled ``Promoting Broadband, Jobs 
and Economic Growth Through Commercial Spectrum Auctions.'' The 
Subcommittee held the hearing to probe how best to meet the 
spectrum needs of Americans, with a focus on the spectrum bands 
to be reallocated, the treatment of incumbent users, and the 
methods of distributing and regulating new licensees. The 
Subcommittee received testimony from CTIA--The Wireless 
Association, an economist from Duke University, Qualcomm Inc., 
Public Knowledge, Schurz Communications, and Titan Broadcast 
Management.
    This activity was taken pursuant to the Committee on Energy 
and Commerce Oversight Plan for the 112th Congress.

                             HEARINGS HELD

    Hearing on ARRA Broadband Spending. Hearing held on 
February 10, 2011. PRINTED, Serial Number 112-5.
    Hearing on Network Neutrality and Internet Regulation: 
Warranted or More Economic Harm than Good? Hearing held on 
February 16, 2011. PRINTED, Serial Number 112-8.
    Hearing on H.J. Res 37, Disapproving the rule submitted by 
the Federal Communications Commission with respect to 
regulating the Internet and broadband industry. Hearing held on 
March 9, 2011. PRINTED, Serial Number 112-18.
    Hearing on H.R. __, a Bill to Clarify NTIA and RUS 
Authority to Return Reclaimed Stimulus Funds to the U.S. 
Treasury. Hearing held on April 1, 2011. PRINTED, Serial Number 
112-30.
    Hearing on Using Spectrum to Advance Public Safety, Promote 
Broadband, Create Jobs, and Reduce the Deficit. Hearing held on 
April 12, 2011. PRINTED, Serial Number 112-36.
    Hearing on FCC Process Reform. Hearing held on May 13, 
2011. PRINTED, Serial Number 112-48.
    Hearing on Creating an Interoperable Public Safety Network. 
Hearing held on May 25, 2011. PRINTED, Serial Number 112-51.
                    Subcommittee on Energy and Power

                             (Ratio 16-11)

 ED WHITFIELD, Kentucky, Chairman

BOBBY L. RUSH, Illinois, Ranking MemberHN SULLIVAN, Oklahoma, Vice 
JAY INSLEE, Washington               Chairman
JIM MATHESON, Utah                   JOHN SHIMKUS, Illinois
JOHN D. DINGELL, Michigan            GREG WALDEN, Oregon
EDWARD J. MARKEY, Massachusetts      LEE TERRY, Nebraska
ELIOT L. ENGEL, New York             MICHAEL C. BURGESS, Texas
GENE GREEN, Texas                    BRIAN P. BILBRAY, California
LOIS CAPPS, California               STEVE SCALISE, Louisiana
MICHAEL F. DOYLE, Pennsylvania       CATHY McMORRIS RODGERS,
CHARLES A. GONZALEZ, Texas             Washington
HENRY A. WAXMAN, California          PETE OLSON, Texas
  (Ex Officio)                       DAVID B. McKINLEY, West Virginia
                                     CORY GARDNER, Colorado
                                     MIKE POMPEO, Kansas
                                     H. MORGAN GRIFFITH, Virginia
                                     JOE BARTON, Texas
                                     FRED UPTON, Michigan
                                       (Ex Officio)

Jurisdiction: National energy policy generally; Fossil energy, 
renewable energy resources and synthetic fuels, energy conservation, 
energy information; Energy regulation and utilization; Utility issues 
and regulation of nuclear facilities; Interstate energy compacts; 
Nuclear energy; The Clean Air Act and air emissions; and, All laws, 
programs, and government activities affecting such matters.

                         LEGISLATIVE ACTIVITIES


                   Energy Tax Prevention Act of 2011


                               (H.R. 910)

    To amend the Clean Air Act to prohibit the Administrator of 
the Environmental Protection Agency from promulgating any 
regulation concerning, taking action relating to, or taking 
into consideration the emission of a greenhouse gas to address 
climate change, and for other purposes.

Summary

    H.R. 910 prohibits the Administrator of the Environmental 
Protection Agency from using the Clean Air Act to promulgate 
any regulation concerning, take action relating to, or take 
into consideration the emission of a greenhouse gas (GHG) to 
address climate change.

Legislative History

    On February 9, 2011, the Subcommittee on Energy and Power 
held a hearing on draft legislation entitled the ``Energy Tax 
Prevention Act of 2011.'' The Subcommittee held another 
legislative hearing on March 1, 2011, entitled ``EPA's 
Greenhouse Gas Regulations and Their Effect on American Jobs.''
    H.R. 910 was introduced by Mr. Upton on March 3, 2011, and 
referred to the Committee on Energy and Commerce.
    The Subcommittee on Energy and Power held another 
legislative hearing on the bill on March 8, 2011, entitled 
``Climate Science and EPA's Greenhouse Gas Regulations.''
    On March 8, 2011, the bill was referred to the Subcommittee 
on Energy and Power. The Subcommittee met in open markup 
session on March 10, 2011, and H.R. 910 was forwarded to the 
Full Committee, without amendment, by a voice vote.
    The Full Committee met in open markup session on March 14 
and March 15, 2011, and ordered H.R. 910 favorably reported to 
the House, as amended, by a record vote of 34 yeas and 19 nays.
    On April 1, 2011, the Committee on Energy and Commerce 
reported H.R. 910 to the House (H. Rept. 112-50), and the bill 
was placed on the Union Calendar (Calendar No. 24).
    On May 6 and May 7, 2011, H.R. 910 was considered in the 
House pursuant to H. Res. 203, and on May 7, 2011, the bill was 
passed, as amended, by a roll call vote of 255 yeas and 172 
nays (Roll Call No. 249).
    On April 8, 2011, H.R. 910 was received in the Senate and 
referred to the Committee on Environment and Public Works.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

  Transparency in Regulatory Analysis of Impacts on the Nation Act of 
                                  2011


                              (H.R. 1705)

    To require analyses of the cumulative and incremental 
impacts of certain rules and actions of the Environmental 
Protection Agency, and for other purposes.

Summary

    H.R. 1705 establishes an interagency committee to conduct a 
cumulative analysis of certain EPA regulations that impact 
energy and manufacturing in the United States and to report the 
findings to Congress.

Legislative History

    H.R. 1705 was introduced by Mr. Sullivan on May 4, 2011, 
and referred to the Committee on Energy and Commerce and in 
addition to the Committee on Transportation and Infrastructure.
    On May 6, 2011, the bill was referred to the Subcommittee 
on Energy and Power. The Subcommittee met in open markup 
session on May 24, 2011, and H.R. 1705 was forwarded to the 
Full Committee, as amended, by a voice vote.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                 Jobs and Energy Permitting Act of 2011


                              (H.R. 2021)

    To amend the Clean Air Act regarding air pollution from 
Outer Continental Shelf activities.

Summary

    H.R. 2021, the Jobs and Energy Permitting Act of 2011 
(``JEPA''), would amend Section 328 of the Clean Air Act (CAA) 
to clarify when a drilling operation becomes an Outer 
Continental Shelf source (``OCS Source''), which vessels can be 
regulated as part of the OCS source, and where to measure the 
air quality impacts of the OCS source. H.R. 2021 also would 
make several changes to the administrative and judicial review 
process for permits issued under Section 328.

Legislative History

    On April 13, 2011 and May 13, 2011, the Subcommittee on 
Energy and Power held hearings on a discussion draft of the 
``Jobs and Energy Permitting Act of 2011. The Subcommittee 
Energy and Power met in open markup session on May 24, 2011, 
and the discussion draft was forwarded to the Full Committee, 
without amendment, by a voice vote.
    On May 26, 2011, H.R. 2021 was introduced by Mr. Gardner 
and referred to the Committee on Energy and Commerce.
    The Full Committee met in open markup session on June 1 and 
June 2, 2011, and ordered H.R. 2021 favorably reported to the 
House, without amendment, by a record vote of 34 yeas and 14 
nays.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                          OVERSIGHT ACTIVITIES


        The Effects of Middle East Events on U.S. Energy Markets

    On February 10, 2011, the Subcommittee on Energy and Power 
held a hearing to examine the impact recent riots and political 
upheaval in North Africa and the Middle East have had on global 
oil markets and U.S. energy security. The Subcommittee received 
testimony from representatives of the Energy Information 
Administration, Deutsche Bank AG, Citizens for Affordable 
Energy, Province of Alberta's Minister-Counselor, the Louisiana 
Mid-Continent Oil & Gas Association, and the Apollo Alliance.

   EPA's Greenhouse Gas Regulations and Their Effect on American Jobs

    On March 1, 2011, the Subcommittee on Energy and Power held 
a hearing entitled ``EPA's Greenhouse Gas Regulations (GHG) and 
Their Effect on American Jobs.'' The Subcommittee received 
testimony from of the Ohio Coal Association, James River Air 
Conditioning Company Inc., McConnell Honda & Acura, a private 
citizen, the Steyer-Taylor Center for Energy Policy and Finance 
at Stanford Law School, Industrial Energy Consumers of America, 
and the Assistant Administrator at the Office of Air and 
Radiation for the U.S. Environmental Protection Agency.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

          Climate Science and EPA's Greenhouse Gas Regulations

    On March 8, 2011, the Subcommittee on Energy and Power held 
a hearing entitled ``Climate Science and EPA's Greenhouse Gas 
Regulations (GHG).'' The purpose of the hearing was to examine 
the purpose, impact, and need for EPA's GHG regulations. The 
Subcommittee received testimony from the Professor Emeritus of 
Scripps Institution of Oceanography, the University of 
California at San Diego; the Director of Earth System Science 
Center, the University of Alabama in Huntsville; the Director 
of the Department of Global Ecology, the Carnegie Institution 
of Washington; the Senior Research Scientist of the Cooperative 
Institute for Research in Environmental Sciences, the 
University of Colorado at Boulder; the Director of the 
Department of Pacific Climate Impacts Consortium, University of 
Victoria; the Director, the University of Michigan Biological 
Station; and the Professor Emeritus, the Uniformed Services 
University of Health Sciences.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

    The Fiscal Year 2012 Proposed Budget of the U.S. Environmental 
                           Protection Agency

    On March 11, 2011, the Subcommittees on Energy and Power 
and the Subcommittee on Environment and the Economy held a 
joint oversight hearing on the Environmental Protection 
Agency's (EPA) proposed budget for FY2012. The purpose of this 
hearing was to evaluate the proposed $8.9 billion budget for 
EPA, which affects issues such as funding for climate change, 
air quality programs, drinking water system compliance, cleanup 
of hazardous waste sites within the Superfund account, 
scientific research that underpins regulatory decision-making, 
homeland security activities, and air quality programs. The 
sole witness for this hearing was Lisa P. Jackson, the EPA 
Administrator.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

   The Fiscal Year 2012 Department of Energy and Nuclear Regulatory 
                           Commission Budgets

    On March 16, 2011, the Subcommittee on Energy and Power and 
the Subcommittee on Environment and the Economy held a joint 
hearing on the FY2012 Department of Energy and Nuclear 
Regulatory Commission Budgets. The purpose of this hearing was 
to evaluate the proposed budgets, current priorities, and 
current programs and initiatives of the Department of Energy 
and Nuclear Regulatory Commission. The hearing also examined 
the status of the nuclear reactors in Japan following the 
earthquake and tsunami which occurred on March 11, 2011. The 
Subcommittees received testimony from the Secretary of the 
Department of Energy and the Chairman of the Nuclear Regulatory 
Commission.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

     Oil Supplies, Gasoline Prices, and Jobs in the Gulf of Mexico

    On March 7, 2011, the Subcommittee on Energy and Power held 
the first day of its hearing on ``The American Energy 
Initiative.'' This hearing focused on oil supplies, gasoline 
prices, and jobs in the Gulf of Mexico. The Subcommittee 
received testimony from representatives of the Energy Policy 
Research Foundation, Louisiana State University, the Shallow 
Water Energy Security Coalition, the Offshore Marine Service 
Association, the Marine Well Containment Company, the 
Mississippi Gulf Coast Tourism Commission, and the Consumer 
Federation of America.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

 EPA's Greenhouse Gas and Clean Air Act Regulations: A Focus on Texas' 
                    Economy, Energy Prices, and Jobs

    On March 24, 2011, the Subcommittee on Energy and Power 
held a field hearing in Houston, Texas on the Environmental 
Protection Agency's (EPA) Greenhouse Gas and Clean Air Act 
Regulations: A Focus on Texas' Economy, Energy Prices, and 
Jobs. The purpose of this hearing was to examine EPA's 
implementation of current and potential future greenhouse gas 
regulations, the burdens and costs associated with those 
regulations, as well as EPA's actions with respect to the Texas 
Flexible Air Permitting Program. The hearing included testimony 
from the Assistant Administrator of the EPA, state officials, 
and local environmental experts in Texas.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

   China's Energy Portfolio and the Implications for Jobs and Energy 
                      Prices in the United States

    On April 4, 2011, the Subcommittee on Energy and Power held 
the second hearing of the ``The American Energy Initiative'' 
series. This hearing focused on China's energy portfolio and 
implications for jobs and energy prices in the United States. 
The Subcommittee received testimony from representatives of 
Douglas-Westwood, the World Coal Association, the World 
Resources Institute, and the Institute for Energy Research.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

 EPA Rulemakings Relating to Boilers, Cement Manufacturing Plants, and 
                               Utilities

    On April 15, 2011, the Subcommittee on Energy and Power 
held a hearing focused on recent EPA rulemakings setting 
utility, cement manufacturing plant, and boiler ``Maximum 
Achievable Control Technology'' standards. Witnesses testified 
on the impacts and the timelines for implementing these rules, 
in the context of the economy and other recent EPA rulemakings. 
Specific issues included the current schedules for issuance and 
implementation of the rules, the costs and feasibility of 
implementing the rules, and the potential impacts of the rules 
on jobs, the economy, and energy reliability. The Subcommittee 
received testimony from Southern Company, DTE Energy, Titan 
America LLC, the Clean Energy Group, MeadWestvaco Corporation, 
the University of Notre Dame, and the Natural Resources Defense 
Council.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

             Alternative Transportation Fuels and Vehicles

    On May 5, 2011, the Subcommittee on Energy and Power held 
the sixth hearing of ``The American Energy Initiative'' series. 
This hearing focused on the challenges and opportunities for 
alternative transportation fuels and vehicles. The Subcommittee 
received testimony from representatives of the U.S. Energy 
Information Administration, the Environmental Protection 
Agency, the U.S. Department of Energy, Tesla Motors, 
NGVAmerica, the Energy Policy Research Foundation, Inc., the 
RAND Corporation, the National Association of Convenience 
Stores, the Renewable Fuels Association, and the Advanced 
Biofuels Association.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                             HEARINGS HELD

    Hearing on the H.R.__, the Energy Tax Prevention Act of 
2011. Hearing held on February 9, 2011. PRINTED, Serial Number 
112-2.
    Hearing on the Effects of Middle East Events on U.S. Energy 
Markets. Hearing held on February 10, 2011. PRINTED, Serial 
Number 112-4.
    Hearing on EPA's Greenhouse Gas Regulations and Their 
Effect on American Jobs. Hearing held on March 1, 2011. 
PRINTED, Serial Number 112-12.
    Hearing on Climate Science and EPA's Greenhouse Gas 
Regulations. Hearing held on March 8, 2011. PRINTED, Serial 
Number 112-16.
    Hearing on the FY2012 EPA Budget. Hearing held on March 11, 
2011. PRINTED, Serial Number 112-19.
    Hearing on the FY2012 Department of Energy and Nuclear 
Regulatory Commission Budgets. Hearing held on March 16, 2011. 
PRINTED, Serial Number 112-20.
    Hearing on the American Energy Initiative (Part 1). A Focus 
on Oil Supplies, Gasoline Prices and Jobs in the Gulf of 
Mexico. Hearing held on March 17, 2011. PRINTED, Serial Number 
112-22.
    Hearing on EPA's Greenhouse Gas and Clean Air Act 
Regulations: A Focus on Texas' Economy, Energy Prices, and 
Jobs. Hearing held on March 24, 2011. PRINTED, Serial Number 
112-26.
    Hearing on the American Energy Initiative (Part 2). China's 
Energy Portfolio and Implications for Jobs and Energy Prices in 
the United States. Hearing held on April 4, 2011. PRINTED, 
Serial Number 112-31.
    Hearing on the American Energy Initiative (Part 3). 
Transparency in Regulatory Analysis of Impacts on the Nation 
Act. Hearing held on April 7, 2011. PRINTED, Serial Number 112-
35.
    Hearing on the American Energy Initiative (Part 4), a 
Discussion Draft of H.R. __, the Jobs and Energy Permitting Act 
of 2011. Hearing held on April 13, 2011. PRINTED, Serial Number 
112-37.
    Hearing on the American Energy Initiative (Part 5), Recent 
EPA Rulemakings Relating to Boilers, Cement Manufacturing 
Plants, and Utilities. Hearing held on April 15, 2011. PRINTED, 
Serial Number 112-41.
    Hearing on the Role of the Nuclear Regulatory Commission in 
America's Energy Future. Hearing held on May 4, 2011. PRINTED, 
Serial Number 112-43.
    Hearing on the American Energy Initiative (Part 6), 
Challenges and Opportunities for Alternative Transportation 
Fuels and Vehicles. Hearing held on May 5, 2011. PRINTED, 
Serial Number 112-45.
    Hearing on the Role of the Nuclear Regulatory Commission in 
America's Energy Future. Hearing held on May 4, 2011. PRINTED, 
Serial Number 112-43.
    Hearing on the American Energy Initiative (Part 7), a 
Discussion Draft of H.R.__, the Jobs and Energy Permitting Act 
of 2011. Hearing held on May 13, 2011. PRINTED, Serial Number 
112-47.
    Hearing on the American Energy Initiative (Part 8), a 
Discussion Draft of H.R.__, the North American Made Energy 
Security Act of 2011. Hearing held on May 23, 2011. PRINTED, 
Serial Number 112-49.
    Hearing on Protecting the Electric Grid: H.R.__, the Grid 
Reliability and Infrastructure Defense Act. Hearing held on May 
31, 2011. PRINTED, Serial Number 112-52.
              Subcommittee on Environment and the Economy

                              (Ratio 14-9)

 JOHN SHIMKUS, Illinois, Chairman

GENE GREEN, Texas, Ranking Member    TIM MURPHY, Pennsylvania, Vice 
TAMMY BALDWIN, Wisconsin             Chairman
G.K. BUTTERFIELD, North Carolina     ED WHITFIELD, Kentucky
JOHN BARROW, Georgia                 JOSEPH R. PITTS, Pennsylvania
DORIS O. MATSUI, California          MARY BONO MACK, California
FRANK PALLONE, Jr., New Jersey       JOHN SULLIVAN, Oklahoma
DIANA DeGETTE, Colorado              CHARLES F. BASS, New Hampshire
LOIS CAPPS, California               ROBERT E. LATTA, Ohio
JOHN D. DINGELL, Michigan,           CATHY McMORRIS RODGERS,
  (Ex Officio--non voting)             Washington
HENRY A. WAXMAN, California          GREGG HARPER, Mississippi
  (Ex Officio)                       BILL CASSIDY, Louisiana
                                     CORY GARDNER, Colorado
                                     JOE BARTON, Texas
                                     FRED UPTON, Michigan
                                       (Ex Officio)

Jurisdiction: All matters relating to soil and water contamination; The 
regulation of solid, hazardous, and nuclear wastes; The regulation of 
industrial plant security; The regulation of drinking water; and, The 
regulation of toxic substances and noise.

                         LEGISLATIVE ACTIVITIES


 Full Implementation of the Chemical Facility Anti-Terrorism Standards 
                                  Act


                               (H.R. 908)

    To extend the authority of the Secretary of Homeland 
Security to maintain the Chemical Facility Anti-Terrorism 
Standards program.

Summary

    H.R. 908 amends section 550(b) of the Department of 
Homeland Security Appropriations Act for Fiscal Year 2007 
(Public Law 109-295; 6 U.S.C. 121 note) by extending the 
Chemical Facility Anti-Terrorism Standards Program (CFATS) 
until October 4, 2017.
    Under this law, the Secretary of Homeland Security (DHS) is 
authorized to issue interim final regulations establishing 
risk-based performance standards for security of chemical 
facilities, and requiring vulnerability assessments and the 
development and implementation of site security plans for such 
facilities.
    The program is scheduled to expire on October 4, 2011.

Legislative History

    H.R. 908 was introduced by Mr. Murphy on March 3, 2011, and 
referred to Committee on Energy and Commerce.
    On March 11, 2011, the bill was referred to the 
Subcommittee on Environment and the Economy. The Subcommittee 
met in open markup session on May 4, 2011, and H.R. 908 was 
forwarded to the Full Committee, as amended, by a voice vote.
    On May 25 and 26, 2011, the Full Committee met in open 
markup session and ordered H.R. 908 favorably reported to the 
House, as amended, by a record vote of 33 yeas and 16 nays.

 Recycling Coal Combustion Residuals Accessibility Act of 2011 or the 
                           RCCRA Act of 2011


                              (H.R. 1391)

    To prohibit the Environmental Protection Agency from 
regulating fossil fuel combustion waste under subtitle C of the 
Solid Waste Disposal Act.

Summary

    H.R. 1391 amends the Solid Waste Disposal Act (SWDA) by 
exempting fly ash waste, bottom ash waste, slag waste, and flue 
gas emission control waste generated primarily from the 
combustion of coal or other fossil fuels from regulation as 
hazardous waste.

Legislative History

    H.R. 1391 was introduced in the House by Mr. McKinley on 
April 6, 2011, and referred to the Committee on Energy and 
Commerce.
    On April 6, 2011, H.R. 1391 was referred to the 
Subcommittee on Environment and the Economy. The Subcommittee 
held a legislative hearing on H.R. 1391 on April 14, 2011, and 
received testimony from the Environmental Protection Agency, 
the Association of State & Territorial Solid Waste Management 
Officials, the American Coal Ash Association, Gradient, Veritas 
Economic Consulting, Earthjustice, and a private citizen.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                          OVERSIGHT ACTIVITIES


            Environmental Regulation, the Economy, and Jobs

    On February 15, 2011, the Subcommittee on Environment and 
the Economy held a hearing entitled ``Environmental Regulation, 
the Economy, and Jobs.'' Given the high unemployment rate, the 
Subcommittee examined the impact of rules issued by the 
Environmental Protection Agency under President Obama. 
Regulatory experts as well as representatives from business 
associations and affected companies were heard.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

    The Fiscal Year 2012 Proposed Budget of the U.S. Environmental 
                           Protection Agency

    On March 11, 2011, the Subcommittees on Energy and Power 
and the Subcommittee on Environment and the Economy held a 
joint oversight hearing on the Environmental Protection 
Agency's (EPA) proposed budget for FY2012. The purpose of this 
hearing was to evaluate the proposed $8.9 billion budget for 
EPA, which affects issues such as funding for climate change, 
air quality programs, drinking water system compliance, cleanup 
of hazardous waste sites within the Superfund account, 
scientific research that underpins regulatory decision-making, 
homeland security activities, and air quality programs. The 
sole witness for this hearing was Lisa P. Jackson, the EPA 
Administrator.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

   The Fiscal Year 2012 Department of Energy and Nuclear Regulatory 
                           Commission Budgets

    On March 16, 2011, the Subcommittee on Energy and Power and 
the Subcommittee on Environment and the Economy held a joint 
hearing on the FY2012 Department of Energy and Nuclear 
Regulatory Commission Budgets. The purpose of this hearing was 
to evaluate the proposed budgets, current priorities, and 
current programs and initiatives of the Department of Energy 
and Nuclear Regulatory Commission. The hearing also examined 
the status of the nuclear reactors in Japan following the 
earthquake and tsunami which occurred on March 11, 2011. The 
Subcommittees received testimony from the Secretary of the 
Department of Energy and the Chairman of the Nuclear Regulatory 
Commission.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

   The Role of the Nuclear Regulatory Commission in America's Energy 
                                 Future

    On May 4, 2011, the Subcommittee on Environment and the 
Economy held a hearing entitled ``The Role of the Nuclear 
Regulatory Commission in America's Energy Future.'' The hearing 
examined the Nuclear Regulatory Commission's decision-making 
process, the impact of the Fukushima nuclear incident on 
nuclear safety policy, the status of licensing and re-licensing 
nuclear reactors, and a review of the Department of Energy's 
license for construction of a repository at Yucca Mountain. The 
Subcommittee received testimony from the Chairman and 
Commissioners of the Nuclear Regulatory Commission.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                             HEARINGS HELD

    Hearing on Environmental Regulations, the Economy, and 
Jobs. Hearing held on February 15, 2011. PRINTED, Serial Number 
112-6.
    Hearing on the FY2012 EPA Budget. Hearing held on March 11, 
2011. PRINTED, Serial Number 112-19.
    Hearing on the FY2012 Department of Energy and Nuclear 
Regulatory Commission Budgets. Hearing held on March 16, 2011. 
PRINTED, Serial Number 112-20.
    Hearing on H.R. 908, a bill to extend the authority of the 
Secretary of Homeland Security to maintain the Chemical 
Facility Anti-Terrorism Standards Program. Hearing held on 
March 31, 2011. PRINTED, Serial Number 112-28.
    Hearing on H.R. 1391, a bill to prohibit the Environmental 
Protection Agency from regulating fossil fuel combustion waste 
under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 
6921). Hearing held on April 14, 2011. PRINTED, Serial Number 
112-40.
    Hearing on the Role of the Nuclear Regulatory Commission in 
America's Energy Future. Hearing held on May 4, 2011. PRINTED, 
Serial Number 112-43.
                         Subcommittee on Health

                             (Ratio 16-11)

  JOSEPH R. PITTS, Pennsylvania, 
             Chairman

FRANK PALLONE, Jr., New Jersey,      MICHAEL C. BURGESS, Texas,
  Ranking Member                       Vice Chairman
JOHN D. DINGELL, Michigan            ED WHITFIELD, Kentucky
EDOLPHUS TOWNS, New York             JOHN SHIMKUS, Illinois
ELIOT L. ENGEL, New York             MIKE ROGERS, Michigan
LOIS CAPPS, California               SUE WILKINS MYRICK, North Carolina
JAN SCHAKOWSKY, Illinois             TIM MURPHY, Pennsylvania
CHARLES A. GONZALEZ, Texas           MARSHA BLACKBURN, Tennessee
TAMMY BALDWIN, Wisconsin             PHIL GINGREY, Georgia
MIKE ROSS, Arkansas                  ROBERT E. LATTA, Ohio
ANTHONY D. WEINER, New York          CATHY McMORRIS RODGERS, Washington
HENRY A. WAXMAN, California          LEONARD LANCE, New Jersey
  (Ex Officio)                       BILL CASSIDY, Louisiana
                                     BRETT GUTHRIE, Kentucky
                                     JOE BARTON, Texas
                                     FRED UPTON, Michigan
                                       (Ex Officio)

Jurisdiction: Public health and quarantine; hospital construction; 
mental health and research; biomedical programs and health protection 
in general, including public and private health insurance; Food and 
drugs; and Drug abuse.

                         LEGISLATIVE ACTIVITIES


Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 
                                  2011


                                (H.R. 5)

    To improve patient access to healthcare services and 
provide improved medical care by reducing the excessive burden 
the liability system places on the healthcare delivery system.

Summary

    H.R. 5 sets conditions for lawsuits arising from healthcare 
liability claims regarding healthcare goods or services or any 
medical product affecting interstate commerce.
    H.R. 5 limits noneconomic damages to $250,000 and enforces 
liability upon the responsible party, while allowing the court 
to restrict the payment of attorney contingency fees, as well 
as allows the introduction of collateral source benefits and 
the amount paid to secure such benefits as evidence.
    H.R. 5 authorizes punitive damages only where the intent to 
injure is clear and compensatory damages are awarded with 
punitive damages limited to twice the amount of economic 
damages or $250,000, whichever is greater. Except in limited 
circumstances, this Act does not allow punitive damages in 
cases where products are in compliance with FDA standards.

Legislative History

    H.R. 5 was introduced by Mr. Gingrey on January 24, 2011, 
and referred to the Committee on the Judiciary and the 
Committee on Energy and Commerce.
    The Committee on the Judiciary met in open markup session 
on February 9 and February 16, 2011, and ordered H.R. 5 
reported to the House, as amended, by a voice vote. On March 
17, 2011, the Committee on the Judiciary reported H.R. 5 to the 
House (H. Rept. 112-39, Part I).
    On March 17, 2011, the Committee on Energy and Commerce was 
granted an extension for further consideration of the bill 
ending no later than May 13, 2011.
    On April 6, 2011, the Subcommittee on Health held a hearing 
on H.R. 5.
    On May 13, 2011, the Committee on Energy and Commerce was 
granted an extension for further consideration ending not later 
than May 23, 2011.
    On May 10 and May 11, 2011, the Committee on Energy and 
Commerce met in open markup session and ordered H.R. 5 
favorably reported to the House, as amended, by a roll call 
vote of 30 yeas and 20 nays.
    On May 23, 2011, the Committee on Energy and Commerce 
reported H.R. 5 to the House, as amended (H. Rept. 112-39, Part 
II), and the bill was placed on the Union Calendar (Calendar 
No. 47).
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                            Protect Life Act


                               (H.R. 358)

    To amend the Patient Protection and Affordable Care Act to 
modify special rules relating to coverage of abortion services 
under such Act.

Summary

    H.R. 358, Protect Life Act, amends the Patient Protection 
and Affordable Care Act (PPACA) to prevent Federal funding of 
abortion or abortion coverage except in specified 
circumstances. It also ensures that nothing in PPACA can be 
construed to require coverage of, or access to, abortion and 
ensures that nothing in PPACA allows anyone implementing PPACA 
to require ``coverage of, access to, or training in abortion 
services.''

Legislative History

    H.R. 358 was introduced in the House by Mr. Pitts on 
January 20, 2011, and referred to the Committee on Energy and 
Commerce.
    On February 1, 2011, the Committee on Energy and Commerce 
referred H.R. 358 to the Subcommittee on Health. On February 9, 
2011, the Subcommittee held a legislative hearing on the bill 
and received testimony from an Associate Professor from George 
Mason University School of Law; the Chair of the Department of 
Health Policy at George Washington University; and the Federal 
Legislative Director of the National Right to Life Committee.
    The Subcommittee on Health met in open markup session on 
February 11, 2011, and forwarded the bill to the Full 
Committee, as amended, by a record vote of 14 yeas and 9 nays.
    The Committee on Energy and Commerce met in open markup 
session on February 15, 2011, and ordered H.R. 358 favorably 
reported to the House, as amended, by a record vote of 33 yeas 
and 19 nays. The Committee on Energy and Commerce reported the 
bill to the House on March 17, 2011 (H. Rept. 112-40, Part 1).
    On March 17, 2011, H.R. 358 was referred sequentially to 
the Committee on Ways and Means for a period not later than 
April 15, 2011. On April 15, 2011, the Committee on Ways and 
Means was granted an extension for further consideration ending 
not later than May 20, 2011.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                  Veterinary Health Amendments of 2011


                               (H.R. 525)

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

Summary

    H.R. 525 revises the public health workforce grant and loan 
repayment programs within the Public Health Service Act to 
include public health veterinarians.
    H.R. 525 defines ``veterinary public health'' to include 
veterinarians engaged in one or more of the following areas to 
the extent such areas have an impact on human health: 
biodefense and emergency preparedness, emerging and reemerging 
infection diseases, environmental health, ecosystem health pre- 
and post-harvest food protection, regulatory medicine; 
diagnostic laboratory medicine, veterinary pathology, 
biomedical research, the practice of food animal medicine in 
rural areas, and government practice.

Legislative History

    H.R. 525 was introduced by Ms. Baldwin on February 8, 2011, 
and referred to the Committee on Energy and Commerce.
    On February 10, 2011, the bill was referred to the 
Subcommittee on Health. The Subcommittee met in open markup 
session on February 11, 2011, and H.R. 525 was forwarded to the 
Full Committee, without amendment, by a voice vote.
    The Full Committee met in open markup session on February 
15, 2011, and ordered H.R. 525 favorably reported to the House 
by a voice vote.
    On March 2, 2011, the Committee on Energy and Commerce 
reported H.R. 525 to the House (H. Rept. 112-22) and the bill 
was placed on the Union Calendar (Calendar No. 10).
    On March 8, 2011, H.R. 525 was considered under suspension 
of the Rules and passed the House by a roll call vote of 280 
yeas and 138 nays (Roll Call No. 164).
    On March 9, 2011, H.R. 525 was received in the Senate and 
referred to the Committee on Health, Education, Labor, and 
Pensions.

       Neglected Infections of Impoverished Americans Act of 2011


                               (H.R. 528)

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

Summary

    H.R. 528, the Neglected Infections of Impoverished 
Americans Act of 2011, would require the Secretary of the 
Department of Health and Human Services (HHS) to issue a report 
to the Congress on the epidemiology and impact of the neglected 
diseases of poverty and the appropriate level of funding 
required to address those diseases. HHS must conduct the study 
within 12 months and include Chagas disease, cysticercosis, 
toxocariasis, toxoplasmosis, trichomoniasis, soil-transmitted 
helminthes, and related parasitic diseases.

Legislative History

    H.R. 528 was introduced by Mr. Johnson (GA) on February 8, 
2011, and referred to the Committee on Energy and Commerce.
    On February 10, 2011, the Committee on Energy and Commerce 
referred H.R. 528 to the Subcommittee on Health, and on 
February 11, 2011, the Subcommittee met in open markup session 
and forwarded H.R. 528 to the Full Committee, without 
amendment, by a voice vote.
    The Committee on Energy and Commerce met in open markup on 
February 15, 2011, and ordered H.R. 528 favorably reported to 
the House, without amendment, by a voice vote.
    The Committee on Energy and Commerce reported H.R. 528 to 
the House on March 2, 2011 (H. Rept. 112-23).
    On March 2, 2011, H.R. 528 was placed on the Union Calendar 
(Calendar No. 11).

                 Dental Emergency Responder Act of 2011


                               (H.R. 570)

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

Summary

    H.R. 570, the Dental Emergency Responder Act would allow, 
but not require, the Department of Health and Human Services to 
utilize dentists and dental facilities as part of Federal 
public health disaster response preparedness framework.

Legislative History

    H.R. 570 was introduced by Mr. Burgess on February 9, 2011, 
and referred to the Committee on Energy and Commerce.
    On February 10, 2011, the Committee on Energy and Commerce 
referred H.R. 570 to the Subcommittee on Health.
    The Subcommittee met in open markup session on February 11, 
2011, and forwarded H.R. 570 to the Full Committee, without 
amendment, by voice vote.
    On February 15, 2011, the Committee on Energy and Commerce 
met in open markup session and ordered H.R. 570 favorably 
reported to the House, without amendment, by a voice vote.
    The Committee on Energy and Commerce reported H.R. 570 to 
the House on March 2, 2011 (H. Rept. 112-24). On March 8, 2011, 
H.R. 570 was considered in the House under suspension of the 
Rules, and passed the House by a roll call vote of 401 yeas and 
12 nays (Roll No. 163)
    On March 9, 2011, H.R. 570 was received in the Senate, read 
twice, and referred to the Committee on Health, Education, 
Labor, and Pensions.

     To Repeal Mandatory Funding Provided to States in the Patient 
Protection and Affordable Care Act to Establish American Health Benefit 
                               Exchanges


                              (H.R. 1213)

Summary

    H.R. 1213 amends the Patient Protection and Affordable Care 
Act to repeal provisions appropriating funds to the Secretary 
of Health and Human Services to award grants to states for 
activities, including planning activities, related to 
establishing an American Health Benefit Exchange. The 
legislation would strike the unlimited direct appropriation 
that is available until the end of 2014 and rescind any 
unobligated funds.

Legislative History

    H.R. 1213 was introduced by Mr. Upton on March 29, 2011, 
and referred to the Committee on Energy and Commerce.
    On March 29, 2011, the bill was referred to the 
Subcommittee on Health. The Subcommittee met in open session on 
March 31, 2011, and H.R. 1213 was forwarded to the Full 
Committee, without amendment, by a record vote of 14 yeas and 
11 nays.
    The Full Committee met in open markup session on April 5, 
2011, and ordered H.R. 1213 favorably reported to the House, 
without amendment, by a record vote of 31 yeas and 20 nays.
    On April 27, 2011, the Committee on Energy and Commerce 
reported H.R. 1213 to the House (H. Rept. 112-65), and the bill 
was placed on the Union Calendar (Calendar No. 33).
    On May 3, 2011, H.R. 1213 was considered in the House 
pursuant to H. Res. 236, and the bill was passed by a roll call 
vote of 238 yeas and 183 nays (Rollcall No. 285).
    On May 4, 2011, H.R. 1213 was received in the Senate, read 
the first time, and placed on the Senate Legislative Calendar. 
On May 5, 2011, the bill was read the second time and placed on 
the Senate Legislative Calendar under General Orders (Calendar 
No. 39).
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

To Repeal Mandatory Funding for School-Based Health Center Construction


                              (H.R. 1214)

Summary

    H.R. 1214 amends the Patient Protection and Affordable Care 
Act to repeal the program requiring the Secretary of Health and 
Human Services to award grants to school-based health centers 
or their sponsoring facilities to support the construction or 
renovation of such health centers. The bill rescinds any 
unobligated appropriations for the program.

Legislative History

    On March 9, 2011, the Subcommittee on Health held a hearing 
on draft legislation that became H.R. 1214.
    H.R. 1214 was introduced by Mr. Burgess on March 29, 2011, 
and referred to the Committee on Energy and Commerce and in 
addition to the Committee on Education and the Workforce.
    On March 29, 2011, the bill was referred to the 
Subcommittee on Health. The Subcommittee met in open markup 
session on March 31, 2011, and H.R. 1214 was forwarded to the 
Full Committee, without amendment, by a record vote of 14 yeas 
and 11 nays.
    The Full Committee met in open markup session on April 5, 
2011, and ordered H.R. 1214 favorably reported to the House, 
without amendment, by a record vote of 27 yeas and 15 nays.
    On April 27, 2011, the Committee on Energy and Commerce 
reported H.R. 1214 to the House (H. Rept. 112-66, Part 1), the 
Committee on Education and Labor was discharged, and the bill 
was placed on the Union Calendar (Calendar No. 34).
    On May 3 and May 4, 2011, H.R. 1214 was considered in the 
House pursuant to H. Res. 236, and on May 4, 2011, the bill was 
passed by a rollcall vote of 235 yeas and 191 nays (Rollcall 
No. 290).
    On May 5, 2011, H.R. 1214 was received in the Senate, read 
twice, and referred to the Committee on Health, Education, 
Labor, and Pensions.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

  To Amend Title V of The Social Security Act To Convert Funding for 
 Personal Responsibility Education Programs From Direct Appropriations 
                 to an Authorization of Appropriations


                              (H.R. 1215)

    To amend title V of the Social Security Act to convert 
funding for personal responsibility education programs from 
direct appropriations to an authorization of appropriations.

Summary

    H.R. 1215 amends title V of the Social Security Act to 
convert funding for Personal Responsibility Education Programs 
from a direct appropriation to an authorization of 
appropriations. The bill also rescinds any unobligated funds 
made available under section 513.

Legislative History

    On March 9, 2011, the Subcommittee on Health held a hearing 
on draft legislation that became H.R. 1215.
    H.R. 1215 was introduced by Mr. Latta on March 29, 2011, 
and referred to the Committee on Energy and Commerce.
    On March 29, 2011, the bill was referred to the 
Subcommittee on Health. The Subcommittee met in open markup 
session March 29, 2011, and H.R. 1215 was forwarded to the Full 
Committee without amendment, by a record vote of 15 yeas and 11 
nays.
    The Full Committee met in open markup session on April 5, 
2011, and ordered H.R. 1215 favorably reported to the House, 
without amendment, by a recorded vote of 25 yeas and 17 nays.
    On April 27, 2011, the Committee on Energy and Commerce 
reported H.R. 1215 to the House (H. Rept. 112-63), and the bill 
was placed on the Union Calendar (Calendar No. 31).
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

To Amend the Public Health Service Act To Convert Funding for Graduate 
  Medical Education in Qualified Teaching Health Centers From Direct 
          Appropriations to an Authorization of Appropriations


                              (H.R. 1216)

    To amend the Public Health Service Act to convert funding 
for graduate medical education in qualified teaching health 
centers from direct appropriations to an authorization of 
appropriations.

Summary

    H.R. 1216 amends the Public Health Service Act to convert 
funding for graduate medical education in qualified teaching 
health centers from a direct appropriation to an authorization 
of appropriations. H.R. 1216 also rescinds any unobligated 
balances appropriated for such programs.

Legislative History

    On March 9, 2011, the Subcommittee on Health held a hearing 
on draft legislation that became H.R. 1216.
    H.R. 1216 was introduced by Mr. Guthrie on March 29, 2011, 
and referred to the Committee on Energy and Commerce.
    On March 29, 2011, the bill was referred to the 
Subcommittee on Health. The Subcommittee met in an open markup 
session on March 31, 2011, and H.R. 1216 was forwarded to the 
Full Committee, without amendment, by a record vote of 14 yeas 
and 11 nays.
    The Full Committee met in an open markup session on April 
5, 2011, and ordered H.R. 1216 favorably reported to the House, 
without amendment, by a record vote of 21 yeas and 14 nays.
    On April 27, 2011, the Committee on Energy and Commerce 
reported H.R. 1216 to the House (H. Rept. 112-64), and the bill 
was placed on the Union Calendar (Calendar No. 32).
    On May 24 and May 25, 2011, H.R. 1216 was considered in the 
House pursuant to H. Res. 269, and the bill was passed by a 
roll call vote of 234 yeas and 185 nays (Rollcall No. 340).
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

         A Bill To Repeal the Prevention and Public Health Fund


                              (H.R. 1217)

    To repeal the Prevention and Public Health Fund.

Summary

    The bill amends the Patient Protection and Affordable Care 
Act to repeal provisions establishing and appropriating funds 
to the Prevention and Public Health Fund, which is administered 
by the Secretary of the Department of Health and Human 
Services. H.R. 1217 rescinds any unobligated funds appropriated 
to the fund and directs the Secretary to post a notice of any 
rescission and the amounts to be rescinded.

Legislative History

    On March 9, 2011, the Subcommittee on Health held a hearing 
on draft legislation that became H.R. 1217.
    H.R. 1217 was introduced by Mr. Pitts on March 29, 2011, 
and referred to the Committee on Energy and Commerce.
    On March 29, 2011, the bill was referred to the 
Subcommittee on Health. The Subcommittee met in open markup 
session on March 31, 2011, and H.R. 1217 was forwarded to the 
Full Committee by a roll call vote of 14 yeas and 11 nays.
    The Full Committee met in an open markup session on April 
5, 2011, and ordered H.R. 1217 to the House, without amendment, 
by a recorded vote of 26 yeas and 16 nays.
    On April 11, 2011, the Committee on Energy and Commerce 
reported H.R. 1217 to the House (H. Rept. 112-57), and the bill 
was placed on the Union Calendar (Calendar No. 29).
    On April 13, 2011, H.R. 1217 was considered in the House 
pursuant to H. Res 219, and the bill was passed, as amended, by 
a rollcall vote of 236 yeas and 183 nays (Rollcall No. 264).
    On April 14, 2011, H.R. 1217 was received in the Senate, 
read twice, and referred to the Committee on Health, Education, 
Labor, and Pensions.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                         State Flexibility Act


                              (H.R. 1683)

    To restore the longstanding partnership between States and 
the Federal Government in managing the Medicaid program.

Summary

    H.R. 1683 amends the American Recovery and Reinvestment Act 
of 2009 (ARRA) and the Social Security Act in order to repeal 
the Maintenance of Effort (MOE) requirements mandated by the 
ARRA, the Patient Protection Affordable Care Act (PPACA) 
Medicaid MOE, and PPACA's Children's Health Insurance Program 
MOE.

Legislative History

    H.R. 1683 was introduced by Mr. Gingrey on May 3, 2011, and 
referred to the Committee on Energy and Commerce.
    On May 6, 2011, the bill was referred to the Subcommittee 
on Health. On May 12, 2011, the Subcommittee on Health met in 
open markup session and forwarded H.R. 1683 to the Full 
Committee, without amendment, by a record vote of 14 yeas and 9 
nays.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                          OVERSIGHT ACTIVITIES


        Impact of Medical Device Regulation on Jobs and Patients

    On February 17, 2011, the Subcommittee on Health held a 
hearing to examine the state of the medical device industry and 
the impact of regulations on job creation and patient access. 
The Subcommittee received testimony from the Food and Drug 
Administration, ExploraMed Development, the Foundry, a 
professor from the University of Minnesota Law School, the 
Women's Cardiovascular Services at the University of California 
San Francisco Medical Center, and a witness who is a professor 
at the Cleveland Clinic Lerner School of Medicine at Case 
Western Reserve University and Chairman of the Department of 
Cardiovascular Medicine at the Cleveland Clinic Foundation.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

 FY 2012 HHS Budget and the Implementation of Public Laws 111-148 and 
                                111-152

    On March 3, 2011, the Subcommittee on Health held a hearing 
entitled ``FY 2012 HHS Budget and the Implementation of Public 
Laws 111-148 and 111-152.'' The hearing examined budget issues 
and the implementation of the Patient Protection and Affordable 
Care Act. The sole witness was the Honorable Kathleen Sebelius, 
Secretary of the Department of Health and Human Services.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

 Implementation and Sustainability of the New, Government-Administered 
   Community Living Assistance Services and Supports (CLASS) Program

    On March 17, 2011, the Subcommittee on Health held a 
hearing entitled ``Implementation and Sustainability of the 
New, Government-Administered Community Living Assistance 
Services and Supports (CLASS) Program.'' The CLASS program is a 
voluntary, government-administered long-term care program 
intended to provide a cash benefit for the purchase of 
nonmedical services to use either at home or at a LTC facility 
or residence. The CLASS program, established in Section 8002 
of, the Patient Protection and Affordable Care Act (PPACA; P.L. 
111-148, as amended), is in its initial phase of development. 
The hearing looked at the implementation of the CLASS program, 
issues related to the program's long-term sustainability, the 
financial risks and benefits for the Federal government, 
consumers, and employers. The Subcommittee received testimony 
from the Administration on Aging, the American Academy of 
Actuaries, the American Enterprise Institute, an employee 
benefits consultant, the National Industries for the Severely 
Handicapped, and a representative of LeadingAge and the Advance 
CLASS, Inc.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

          PPACA and Pennsylvania: One Year of Broken Promises

    On March 23, 2011, the Subcommittee on Health held a field 
hearing in Harrisburg, Pennsylvania entitled ``PPACA and 
Pennsylvania: One Year of Broken Promises.'' The hearing 
examined the effect of the Patient Protection and Affordable 
Care Act and the Health Care Reconciliation Act of 2010 on the 
State of Pennsylvania and its employers. The Subcommittee 
received testimony from the Secretary of the Pennsylvania 
Department of Public Welfare, the Acting Insurance Commissioner 
of the Pennsylvania Insurance Department, the Chair of the 
Senate Public Health and Welfare Committee, the Chair of the 
Pennsylvania House Health Committee, and representatives from 
the Pennsylvania Chamber of Business and Industry, Case New 
Holland, and the National Federation of Independent Business.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

         The True Cost of PPACA: Effects on the Budget and Jobs

    On March 30, 2011, the Subcommittee on Health held a 
hearing entitled ``The True Cost of PPACA: Effects on the 
Budget and Jobs.'' The purpose of this hearing was to examine 
effects of PPACA following its enactment, as well as the 
potential benefits and possible adverse consequences for both 
the cost of employer-provided health coverage and the labor 
market. The Subcommittee received testimony from 
representatives of the Congressional Budget Office, Centers for 
Medicare and Medicaid Services, and independent business 
owners.

                    The Need To Move Beyond the SGR

    On May 5, 2011, the Subcommittee on Health held a hearing 
entitled ``The Need to Move Beyond the SGR.'' The purpose of 
the hearing was to examine potential models to reimburse 
physicians under the Medicare program that focuses on value and 
quality. The Subcommittee received testimony from experts in 
the medical field including the Coalition of State Medical and 
National Specialty Societies, the American Medical Association, 
the American Academy of Family Physicians, the American College 
of Surgeons, the Center for Healthcare Quality and Payment 
Reform, and Harvard University.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

Expanding Health Care Option: Allowing Americans to Purchase Affordable 
                      Coverage Across State Lines

    On May 25, 2011, the Subcommittee on Health held a hearing 
entitled ``Expanding Health Care Options: Allowing Americans to 
Purchase Affordable Coverage Across State Lines.'' The hearing 
examined Federal and State proposals that would allow consumers 
to purchase health coverage licensed and sold outside their 
state of residence. The Subcommittee received testimony from 
representatives from the Department of Health and Human 
Services, the Center for Consumer Information and Insurance 
Oversight, and other policy experts and stakeholders.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                             HEARINGS HELD

    Hearing on a H.R. _, a bill to amend the Patient Protection 
and Affordable Care Act to modify special rules relating to 
coverage of abortion services under such Act. Hearing held on 
February 9, 2011. PRINTED, Serial Number 112-3.
    Hearing on the Impact of Medical Device Regulation on Jobs 
and Patients. Hearing held on February 17, 2011. PRINTED, 
Serial Number 112-9.
    Hearing on the FY2012 HHS Budget and the Implementation of 
Public Laws 111-148 and 111-152. Hearing held on March 3, 2011. 
PRINTED, Serial Number 112-14.
    Hearing on Setting Fiscal Priorities in Health Care 
Funding. Hearing held on March 9, 2011. PRINTED, Serial Number 
112-17.
    Hearing on the Implementation and Sustainability of the 
New, Government-Administered Community Living Assistance 
Services and Supports (CLASS) Program. Hearing held on March 
17, 2011. PRINTED, Serial Number 112-23.
    Hearing on PPACA and Pennsylvania: One Year of Broken 
Promises. Hearing held on March 23, 2011. PRINTED, Serial 
Number 112-25.
    Hearing on the True Cost of PPACA: Effects on the Budget 
and Jobs. Hearing held on March 30, 2011. PRINTED, Serial 
Number 112-27.
    Hearing on the Cost of the Medical Liability System 
Proposals for Reform, including H.R. 5, the Help Efficient, 
Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011. 
Hearing held on April 6, 2011. PRINTED, Serial Number 112-33.
    Hearing on the Need to Move Beyond the SGR. Hearing held on 
May 5, 2011. PRINTED, Serial Number 112-46.
    Hearing on Expanding Health Care Options: Allowing 
Americans to Purchase Affordable Coverage Across State Lines. 
Hearing held on May 25, 2011. PRINTED, Serial Number 112-50.
              Subcommittee on Oversight and Investigations

                              (Ratio 14-9)

 CLIFF STEARNS, Florida, Chairman

DIANA DeGETTE, Colorado,             LEE TERRY, Nebraska
  Ranking Member                     SUE WILKINS MYRICK, North Carolina
JAN SCHAKOWSKY, Illinois             JOHN SULLIVAN, Oklahoma
MIKE ROSS, Arkansas                  TIM MURPHY, Pennsylvania
ANTHONY D. WEINER, New York          MICHAEL C. BURGESS, Texas
EDWARD J. MARKEY, Massachusetts      MARSHA BLACKBURN, Tennessee
GENE GREEN, Texas                    BRIAN P. BILBRAY, California
DONNA M. CHRISTENSEN,                PHIL GINGREY, Georgia
  Virgin Islands                     STEVE SCALISE, Louisiana
JOHN D. DINGELL, Michigan            CORY GARDNER, Colorado
HENRY A. WAXMAN, California          H. MORGAN GRIFFITH, Virginia
  (Ex Officio)                       JOE BARTON, Texas
                                     FRED UPTON, Michigan
                                       (Ex Officio)

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

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO REGULATORY REFORM


          The Views of the Administration on Regulator Reform

    On January 26, 2011, the Subcommittee on Oversight and 
Investigations held a hearing on the Views of the 
Administration on Regulatory Reform. The hearing examined an 
Executive Order that President Barack Obama issued on January 
18, 2011, entitled ``Improving Regulation and Regulatory 
Review,'' how the order will affect the Federal regulatory 
landscape, and the costs of regulations to American businesses. 
The Subcommittee received testimony from Cass Sunstein, the 
Administrator of the Office of Information and Regulatory 
Affairs within the Office of Management and Budget.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72.

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO HEALTH AND HEALTH 
                                  CARE


 Health Care Issues Involving the Center for Consumer Information and 
                          Insurance Oversight

    On February 16, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Health Care Issues 
Involving the Center for Consumer Information and Insurance 
Oversight'' (CCIIO). The hearing examined the operations of 
CCIIO and its role in the changes made to the health care 
system after the passage of the Patient Protection and 
Affordable Care Act. Witnesses included representatives from 
CCIIO and the Department of Health and Human Services.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                         Heparin Contamination

    On February 23, 2011, Chairman Upton, Chairman Stearns, and 
Mr. Burgess launched an investigation into the unsolved case of 
who contaminated the U.S. supply of heparin (a blood-thinner 
drug) and the adequacy of the Food and Drug Administration's 
(FDA) handling of the matter. The inquiry was started with a 
document request to the FDA.
    This activity was taken pursuant to the Committee on Energy 
and Commerce Oversight Plan for the 112th Congress.

 Waste, Fraud, and Abuse: A Continuing Threat to Medicare and Medicaid

    On March 2, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Waste, Fraud, and 
Abuse: A Continuing Threat to Medicare and Medicaid.'' The 
hearing examined reports of waste, fraud, and abuse in Medicare 
and Medicaid and what measures can be taken to combat any 
problems. The Subcommittee received testimony from 
representatives of Centers for Medicare and Medicaid Services, 
the Government Accountability Office, the Department of Health 
and Human Services (HHS), the HHS Office of the Inspector 
General, the Florida International University College of Law, 
Florida's Agency for Health Care Administration, and George 
Washington University's School of Public Health and Health 
Services.
    This activity was taken pursuant to the Committee on Energy 
and Commerce Oversight Plan for the 112th Congress.

    The PPACA's High Risk Pool Regime: High Cost, Low Participation

    On April 1, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``The PPACA's High Risk 
Pool Regime: High Cost, Low Participation.'' The hearing 
examined the operations of the Center for Consumer Information 
and Insurance Oversight (CCIIO) and its role in the changes 
made to the health care system after the passage of the Patient 
Protection and Affordable Care Act (PPACA). The Subcommittee 
received testimony from Mr. Steve Larsen, the Deputy 
Administrator and Director for CCIIO.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

     Import Safety: Status of FDA's Screening Efforts at the Border

    On April 13, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Import Safety: Status 
of FDA's Screening Efforts at the Border.'' The purpose of this 
hearing was to examine the current state of the Food and Drug 
Administration's (FDA) import screening processes and the pace 
of FDA's nationwide rollout of the promising risk-based 
automated entry review system, known as PREDICT. The witness 
for this hearing was the Honorable Margaret A. Hamburg, M.D., 
Commissioner of the Food and Drug Administration.
    This activity was taken pursuant to the Committee on Energy 
and Commerce Oversight Plan for the 112th Congress.

Deals Between the White House and Trade Association in the Development 
       of the Patient Protection and Affordable Care Act (PPACA)

    On February 18, 2011, leaders of the Committee on Energy 
and Commerce sent a letter to the White House Deputy Chief of 
Staff, Nancy DeParle, requesting documents and information 
regarding closed door negotiations between the Obama 
Administration and various industries and special interests as 
the health care law was being developed.
    On April 19, 2011, Committee leaders sent letters to the 
top interest groups, lobbying associations, and companies 
involved in the closed door negotiations during the writing of 
PPACA.
    On May 3, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``White House 
Transparency, Visitor Logs and Lobbyists.'' The hearing 
examined the Administration's policies on transparency and 
lobbyist access to the Executive Branch. The Center for Public 
Integrity testified regarding a study that noted omissions in 
the visitors logs released by the White House, especially 
regarding lobbyist visits and visits related to health reform. 
The Subcommittee also received testimony from representatives 
of government watchdog groups.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

  HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO ENERGY AND THE 
                              ENVIRONMENT


                 Oversight of DOE Recovery Act Spending

    On February 17, 2011, Chairman Upton and Chairman Stearns 
sent a letter to the Department of Energy (DOE) requesting 
documents and information about a $535 million loan guarantee 
that the DOE Loan Guarantee Program awarded to Solyndra, Inc. 
of Fremont, California.
    On March 14, 2011, the investigation was expanded with a 
letter sent to the Office of Management and Budget requesting 
documents and information about the review of DOE loan 
guarantees, especially the loan guarantee to Solyndra.
    On March 17, 2011, the Subcommittee on Oversight and 
Investigation held a hearing entitled ``Oversight of DOE 
Recovery Act Spending.'' The hearing provided an update of the 
Government Accountability Office's (GAO) and the Department of 
Energy Office of Inspector General's (DOE OIG) oversight of DOE 
spending under the American Reinvestment and Recovery Act 
(Recovery Act). In particular, the Subcommittee examined the 
current status of DOE Recovery Act projects and lessons learned 
through their implementation. The Recovery Act appropriated 
$41.7 billion to DOE. However, GAO and the DOE OIG raised 
concerns about the effectiveness of DOE's spending. The 
Subcommittee received testimony from DOE, DOE OIG, and GAO.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

  The U.S. Government Response to the Nuclear Power Plant Incident in 
                                 Japan

    On April 6, 2011, the Subcommittee on Oversight and 
Investigations held a hearing on the recent developments at the 
Fukushima Daiichi nuclear power plant in Japan. The hearing 
focused on the U.S. Nuclear Regulatory Commission's response to 
the incident, both in Japan and in connection with the safety 
of U.S. commercial nuclear power plants. On March 11, 2011, an 
earthquake and tsunami struck the northeast coast of Japan, 
killing thousands and causing a number of accidents at the 
Fukushima Nuclear Power Plant, including the cooling system 
failure. The Subcommittee heard from representatives of the 
U.S. Nuclear Regulatory Commission, the Nuclear Energy 
Institute, the Union of Concerned Scientists, and the American 
Nuclear Society.
    This activity was conducted in support of, or as a result 
of, the inventory and review described in H. Res. 72, and 
pursuant to the Committee on Energy and Commerce Oversight Plan 
for the 112th Congress.

                             HEARINGS HELD

    Hearing on the Views of the Administration on Regulatory 
Reform. Hearing held on January 26, 2011. PRINTED, Serial 
Number 112-1.
    Hearing on Health Care Issues Involving the Center for 
Consumer Information and Insurance Oversight. Hearing held on 
February 16, 2011. PRINTED, Serial Number 112-7.
    Hearing on Waste, Fraud, and Abuse: A Continuing Threat to 
Medicare and Medicaid. Hearing held on March 2, 2011. PRINTED, 
Serial Number 112-13.
    Hearing on Oversight of DOE Recovery Act Spending. Hearing 
held on March 17, 2011. PRINTED, Serial Number 112-24.
    Hearing on the PPACA's High Risk Pool Regime: High Cost, 
Low Participation. Hearing held on April 1, 2011. PRINTED, 
Serial Number 112-29.
    Hearing on the U.S. Government Response to the Nuclear 
Power Plant Incident in Japan. Hearing held on April 6, 2011. 
PRINTED, Serial Number 112-32.
    Hearing on Import Safety: Status of FDA's Screening Efforts 
at the Border. Hearing held on April 13, 2011. PRINTED, Serial 
Number 112-38.
    Hearing on White House Transparency, Visitor Logs and 
Lobbyists. Hearing held on May 3, 2011. PRINTED, Serial Number 
112-42.

     HEARINGS HELD PURSUANT TO CLAUSES 2(n), (o), OR (p) OF RULE XI
------------------------------------------------------------------------
   Serial No.            Hearing title              Hearing date(s)
------------------------------------------------------------------------
112-5             ARRA Broadband Spending     February 10, 2011
                   (Subcommittee on
                   Communications and
                   Technology).
112-13            Waste, Fraud, and Abuse: A  March 2, 2011
                   Continuing Threat to
                   Medicare and Medicaid
                   (Subcommittee on
                   Oversight and
                   Investigations).
112-24            Oversight of DOE Recovery   March 17, 2011
                   Act Spending
                   (Subcommittee on
                   Oversight and
                   Investigations).
112-38            Import Safety: Status of    April 13, 2011
                   FDA's Screening Efforts
                   at the Border
                   (Subcommittee on
                   Oversight and
                   Investigations).
112-39            Warning: The Growing        April 14, 2011
                   Danger of Prescription
                   Drug Diversion
                   (Subcommittee on
                   Commerce, Manufacturing,
                   and Trade).
------------------------------------------------------------------------

                 Oversight Plan for the 112th Congress

    Clause 2(d) of Rule X of the Rules of the House of 
Representatives for the 112th Congress requires each standing 
Committee in the first session of a Congress to adopt an 
oversight plan for the two-year period of the Congress and to 
submit the plan to the Committee on Government Reform and to 
the Committee on House Administration.
    Clause 1(d)(1) of Rule XI requires each Committee to submit 
to the House not later than the 30th day after June 1 and 
December 1, a report on the activities of that committee under 
Rules X and XI during such period. Clause 1(d)(2) of Rule XI 
also requires that such report shall include a summary of the 
oversight plans submitted by the Committee pursuant to clause 
2(d) of Rule X; a summary of the actions taken and 
recommendations made with respect to each such plan; and a 
summary of any additional oversight activities undertaken by 
the Committee, and any recommendations made or action taken 
thereon.

            COMMITTEE ON ENERGY AND COMMERCE OVERSIGHT PLAN


                     U.S. House of Representatives


                             112th Congress


                    CONGRESSMAN FRED UPTON, CHAIRMAN

    This is the oversight plan of the Committee on Energy and 
Commerce for the 112th Congress. It includes the areas in which 
the Committee expects to conduct oversight during the 112th 
Congress, but does not preclude oversight or investigation of 
additional matters as the need arises.

                                SUMMARY

    The Committee on Energy and Commerce will conduct oversight 
in areas throughout its jurisdiction. On health and healthcare 
issues, the Committee will examine issues related to the 
implementation and impacts of the Patient Protection and 
Affordable Care Act (PPACA), the management, operations, and 
activity of the Centers for Medicare and Medicaid Services 
(CMS) and the programs it administers, the Food and Drug 
Administration (FDA), the Agency for Health Care Research and 
Quality, and the Department of Health and Human Services' (HHS) 
management of the Low-Income Home Energy Assistance Program 
(LIHEAP).
    In the energy and environment arena, the Committee will 
examine issues relating to national energy policy, including 
U.S. policies that relate to production, supply, and 
consumption of electricity, oil and natural gas, coal, 
hydroelectric power, nuclear power, and renewable energy. The 
Committee will examine the impact of government policies and 
programs on the exploration, production, and development of 
domestic energy resources. The Committee will examine other 
issues relating to the nation's current energy infrastructure 
with a view towards its expansion. The Committee will also 
continue to examine safety and security issues relating to 
energy exploration, production and distribution. The 
Committee's efforts will focus on management and operation of 
the Department of Energy (DOE), the national laboratories, the 
National Nuclear Security Administration (NNSA), and the 
Environmental Protection Agency (EPA), decisions made by DOE 
and the Nuclear Regulatory Commission (NRC) concerning the 
Yucca Mountain nuclear waste repository, issues related to the 
Clean Air Act and climate change, investments made in the green 
energy sector by the American Recovery and Reinvestment Act 
(ARRA), and electricity markets.
    Regarding communications and technology issues, the 
Committee will conduct oversight of the Federal Communications 
Commission (FCC), including the effect of the FCC's decisions 
on the U.S. economy. The Committee will also review the use of 
AARA funds for broadband grants and loans, the FCC's National 
Broadband Plan, the FCC's plans to reform the universal service 
fund and inter-carrier compensation regimes to reduce 
unnecessary consumer fees and carrier subsidies, management and 
allocation of the nation's spectrum by the FCC and the National 
Telecommunications and Information Administration (NTIA), use 
of grant money awarded by the Corporation for Public 
Broadcasting (CPB), and issues related to the Internet, 
communications privacy, and public safety.
    On commerce, manufacturing, and trade issues, the Committee 
will examine issues relating to the privacy of information and 
data collected by Internet websites and service providers and 
cyber-security. The Committee will also review issues presented 
by the globalization of production and manufacturing networks, 
the unintended consequences of the Consumer Product Safety 
Improvement Act of 2008, the National Highway Traffic Safety 
Administration, generally, and the operation and management of 
the Federal Trade Commission.
    The Committee will also conduct oversight on such matters 
as ARRA spending, organized crime-terrorism nexus, critical 
infrastructure, nuclear smuggling, bioterrorism preparedness 
and response, public safety communications, and the 
implementation of government-wide cyber security program. The 
Committee will also focus on issues concerning waste, fraud, 
and abuse at all the agencies and programs within jurisdiction.
    During the 112th Congress the Committee on Energy and 
Commerce will hold hearings and conduct robust oversight over 
matters within its jurisdiction. The Committee will conduct 
thorough oversight, reach conclusions based on an objective 
review of the facts, and treat witnesses fairly. The Committee 
will request information in a responsible manner that is 
calculated to be helpful to the Committee in its oversight 
responsibilities. The Committee's oversight functions will 
focus on: (1) cutting government spending through the 
elimination of waste, fraud and abuse; (2) ensuring laws are 
being implemented in a manner that protects the public interest 
without stifling economic growth.

                      HEALTH AND HEALTHCARE ISSUES


               PATIENT PROTECTION AND AFFORDABLE CARE ACT

    In the 112th Congress, the Committee will examine issues 
related to the Department of Health and Human Services 
implementation of Public Law 111-148, The Patient Protection 
and Affordable Care Act (PPACA) and the related Reconciliation 
Bill, Public Law 111-151. This will include the numerous 
provisions contained within the law that affect the private 
insurance market in the United States, the creation of health 
insurance exchanges, the regulations and requirements imposed 
on both small and large businesses, and the law's effects on 
individuals.
    The Committee will also evaluate what controls are in place 
to prevent bias, waste, fraud, and abuse in the management of 
PPACA and its programs. The Committee will monitor deadlines 
imposed on HHS by the Patient Protection and Affordable Care 
Act and examine what procedures HHS has in place for meeting 
those deadlines and/or complying with missed deadlines. The 
Committee will examine what programs HHS has in place to 
improve the availability of reliable, consumer-oriented 
information on the cost and quality of health care goods, 
services, and providers. The Committee will investigate the 
process by which the Executive Branch evaluated claims that 
PPACA would curb rising health care costs and federal spending. 
The Committee will also examine the status and future of 
employer-sponsored health care plans as well as the effects of 
PPACA's enactment on the states. The Committee will examine the 
impact of PPACA and its implementing regulations on the 
economy, consumers, and the health care industry as well as the 
process by which those regulations are drafted.

               CENTERS FOR MEDICARE AND MEDICAID SERVICES

    The Committee will review the management, operations, and 
activity of the Centers for Medicare and Medicaid Services 
(CMS) and the programs it administers. The Committee will 
examine and review Medicare and Medicaid management and 
activity as it relates to ongoing Committee efforts to prevent 
bias, waste, fraud, and abuse in federal health care programs, 
particularly in the implementation of PPACA. The Committee will 
investigate the process by which CMS implements statutory 
formulas to set prices for Medicare payment, as well as the 
effectiveness of those formulas. The Committee will evaluate 
the competitive bidding process for durable medical equipment 
and examine ways to use similar programs in Medicare and 
Medicare Advantage plans. The Committee will examine the 
effects that the Medicaid expansion included in PPACA will have 
on state budgets, the budgets of individuals and families, the 
budgets of providers currently providing uncompensated care, 
and the impact it may have on access to care. The Committee 
will investigate the processes by which CMS prevents bias, 
waste, fraud, and abuse in the award of government contracts.
    The Committee will examine how many children would lose 
their current private healthcare coverage and be forced to 
enroll in Medicaid and the Children's Health Insurance Program 
under the Patient Protection and Affordable Care Act. In 
addition, the Committee will examine the negative implications 
expanding Medicaid to the middle class will have on the ability 
of low income children to access care in the Medicaid program.

               AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

    The Committee will examine issues related to the work done 
by the Agency for Healthcare Research and Quality. This will 
include, but not be limited to, oversight of the Agency's work 
in all areas, review of the procedures and processes used by 
the Agency, and how the Agency's role is expanded by Public Law 
111-148, The Patient Protection and Affordable Care Act.

               LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM

    The Committee will review and oversee action taken by the 
Department of Health and Human Services (HHS) in response to 
June 2010 Government Accountability Office (GAO) findings 
concerning the need for greater fraud prevention controls in 
the Low-Income Home Energy Assistance Program (LIHEAP). Of 
particular concern to the Committee is the status of efforts by 
HHS to strengthen LIHEAP's and state recipients' internal 
control frameworks, and determining whether HHS is satisfying 
the GAO recommendation that it provide specific guidance to the 
states in establishing appropriate systems and procedures to 
prevent fraud and improper payments.

              FOOD AND DRUG ADMINISTRATION AND DRUG SAFETY

    The Committee will review whether the Food and Drug 
Administration (FDA) is ensuring that regulated drugs are safe, 
effective, and available to American patients in an expeditious 
fashion. The Committee will also explore the interplay between 
these policies and drug innovation, both in the United States 
and abroad. Further, the Committee will examine FDA's 
enforcement of current drug safety laws and the issues involved 
in protecting the nation's supply chains against economically 
motivated and other forms of adulteration.

                   FDA REGULATION OF MEDICAL DEVICES

    The Committee will examine whether the FDA's evolving 
regulatory approach has sufficient predictability and 
transparency, whether FDA's approval processes ensure safety 
and effectiveness, and the interplay between these policies and 
innovation, patient care, and employment, both in the United 
States and abroad.

                            RECOMMENDATIONS

    The Committee will recommend opposition to proposals that 
result in ending Medicare. The committee will also recommend 
support for proposals to repeal provisions that provide an 
unelected fifteen member body to ration care for those 55 and 
older, and will recommend proposals to ensure that Medicare 
does not go bankrupt in 2024.

                     ENERGY AND ENVIRONMENT ISSUES


                         NATIONAL ENERGY POLICY

    During the 112th Congress, the Committee will examine 
issues relating to national energy policy, including U.S. 
policies that relate to production, supply, and consumption of 
electricity, oil and natural gas, coal, hydroelectric power, 
nuclear power, and renewable energy. The Committee will examine 
the impact of government policies and programs on the 
exploration, production, and development of domestic energy 
resources, including issues relating to the nation's current 
energy infrastructure. The Committee will also continue to 
examine safety and security issues relating to energy 
exploration, production and distribution.

                          ELECTRICITY MARKETS

    The Committee will review electricity transmission policies 
of the Federal government to ensure that those policies promote 
competitive wholesale power markets, transmission, and 
generation infrastructure upgrades, and compliance with 
relevant statutes. It will examine the activities of the 
Federal Energy Regulatory Commission (FERC) relating to 
electric industry restructuring, protection of consumers, and 
the development of efficient and vigorous wholesale markets for 
electricity.

  MANAGEMENT OF THE DEPARTMENT OF ENERGY AND ITS NATIONAL LABORATORIES

    The Committee will oversee management and operations issues 
at the Department of Energy (DOE), including management and 
operations of the National Nuclear Security Administration 
(NNSA) and the national laboratories. The Committee's oversight 
work will include a review of the implementation of new nuclear 
security requirements at NNSA and DOE facilities, ongoing 
safety and security matters, the Office of Environmental 
Management's cleanup program, high-level waste management 
efforts, and DOE's implementation of the Nuclear Waste Policy 
Act.

                             YUCCA MOUNTAIN

    The Committee will examine DOE's decisions to abandon Yucca 
Mountain as a nuclear waste repository, related financial 
implications of the decisions, and the potential impact of 
those decisions on the future of nuclear energy in the United 
States. The Committee will also examine the actions of the 
Nuclear Regulatory Commission (NRC) in connection with the 
shutdown of the Yucca Mountain facility.

                   THE NUCLEAR REGULATORY COMMISSION

    The Committee will review the activities of the Nuclear 
Regulatory Commission. The Committee will examine NRC's budget 
requests and conduct oversight of the manner in which the 
Commission discharges its various responsibilities, including 
the safety and security of nuclear facilities. In addition, the 
Committee will closely monitor the process of the licensing and 
development of new nuclear power facilities.

                             CLEAN AIR ACT

    The Committee will review significant rulemakings under the 
Clean Air Act and the potential economic and job impacts of 
those rulemakings on the energy, manufacturing and construction 
industries and other critical sectors of the U.S. economy, as 
well as any public health and environmental benefits of the 
regulations. The Committee's review will include oversight of 
the Environmental Protection Agency's (EPA) decisions, 
strategies and actions to meet Clean Air Act standards, and the 
current role of cost, employment and feasibility considerations 
in Clean Air Act rulemakings.

                             CLIMATE CHANGE

    The Committee will continue to monitor international 
negotiations on efforts to control greenhouse gas emissions in 
connection with concerns about global climate change. In 
addition, the Committee will examine the EPA's efforts to 
regulate domestic greenhouse gas emissions under the Clean Air 
Act based on its endangerment finding. The Committee will also 
review the activities undertaken in this area by agencies 
within the Committee's jurisdiction, including the Department 
of Energy (DOE) and the Department of Health and Human Services 
(HHS).

                     EPA MANAGEMENT AND OPERATIONS

    The Committee intends to conduct general oversight of the 
EPA, including review of the agency's funding decisions, 
resource allocation, grants, research activities, enforcement 
actions, relations with State and local governments, respect 
for economic, procedural, public health, and environmental 
standards in regulatory actions, and program management and 
implementation.

                 INVESTMENT IN THE GREEN ENERGY SECTOR

    The American Recovery and Reinvestment Act (ARRA, or the 
stimulus) provided $84.6 billion in new spending for the green 
energy sector, as well as $21.6 billion in tax credits for 
energy, transport, and climate science. The Committee will 
review how this money was spent and what types of jobs have 
been created; the development of new technologies, products, 
and businesses focused on green energy; and how this spending 
has impacted the domestic suppliers or manufacturers of 
alternative energy products.

                  COMMUNICATIONS AND TECHNOLOGY ISSUES


                   FEDERAL COMMUNICATIONS COMMISSION

    During the 112th Congress, the Committee will conduct 
oversight of the Federal Communications Commission (FCC), 
including the effect of the FCC's decisions on innovation, 
access to information, and the U.S. economy. Among other 
things, the Committee will evaluate the impact of FCC actions 
on voice, video, audio, and data services, and on public 
safety. The Committee will pay particular attention to whether 
the FCC conducts cost-benefit and market analyses before 
imposing regulations. The Committee will also conduct oversight 
to improve FCC procedures and transparency.

   BROADBAND PROVISIONS OF THE AMERICAN RECOVERY AND REINVESTMENT ACT

    The Committee will conduct oversight of the $7 billion 
dollars allocated by the ARRA to the National 
Telecommunications and Information Administration (NTIA) and 
the Rural Utility Service (RUS) for broadband grants and loans. 
In particular, the Committee will examine what procedures are 
in place to control waste, fraud, and abuse of broadband 
stimulus funds, whether the funds were appropriately targeted, 
and the impact of the funding on jobs and the economy.

                        NATIONAL BROADBAND PLAN

    The Committee will examine the National Broadband Plan 
developed by the FCC. The committee will evaluate the existing 
availability of broadband technologies and the deployment of 
broadband services and facilities. The Committee will also 
evaluate the impact of the National Broadband Plan on 
competition, access, prices, and incentives for entities to 
make investments in broadband networks and new technologies. As 
the FCC drafts regulations to implement the National Broadband 
Plan, the Committee will examine whether those regulations 
reflect the goals of maximizing consumer welfare, innovation, 
and investment.

         UNIVERSAL SERVICE REFORM AND INTERCARRIER COMPENSATION

    The Committee will examine the FCC's efforts to reform the 
universal service fund and inter-carrier compensation regimes 
to reduce unnecessary consumer fees and carrier subsidies. The 
Committee will pay particular attention to whether the FCC is 
stemming growth in the fund, reducing duplicative subsidies, 
and targeting remaining subsidies to areas that are otherwise 
not economically feasible for the private sector to serve. The 
Committee will also examine whether the FCC's internal 
processes are appropriate to control waste, fraud, and abuse of 
universal service funds.

                          SPECTRUM MANAGEMENT

    The Committee will conduct oversight of the FCC's and the 
NTIA's management and allocation of the nation's spectrum for 
commercial and government use. Spectrum is increasingly being 
used to provide voice, video, and data services to consumers. 
The Committee will evaluate spectrum-management policies to 
ensure that such policies are maximizing the efficient use of 
the public airwaves for innovative communications services. The 
Committee will also examine whether plans for allocating 
spectrum maximizes capacity for broadband deployment and 
encourages investment.

                  CORPORATION FOR PUBLIC BROADCASTING

    The Committee will investigate the financing of the 
Corporation for Public Broadcasting (CPB), including National 
Public Radio (NPR), one of its grantees, to determine whether 
it is appropriate to continue federal funding. Given NPR's 
receipt of federal funding in support of its activities, and 
recent controversies involving NPR, the Committee will also 
examine certain editorial and employment standards and 
practices at NPR.

COMMUNICATIONS PRIVACY, INTERNET GOVERNANCE, CYBERSECURITY, AND PUBLIC 
                                 SAFETY

    The Committee will exercise its jurisdiction over the FCC 
and the NTIA to provide oversight of communications privacy. 
The Committee will also conduct oversight of NTIA in relation 
to Internet governance in general and the Internet Corporation 
for Assigned Names and Numbers in particular. The Committee 
will also exercise its jurisdiction over the FCC, the NTIA, and 
the Office of Emergency Communications to conduct oversight of 
cybersecurity and public safety.

                COMMERCE, MANUFACTURING AND TRADE ISSUES


                        PRIVACY AND THE INTERNET

    In the 112th Congress, the Committee will examine issues 
relating to the privacy of information and data collected by 
Internet Web sites and service providers.

                             CYBER SECURITY

    On May 29, 2009, President Obama issued the 60-Day 
Cyberspace Policy Review. The goal of this review was to assess 
U.S. policies after the issuance of the Bush Administration's 
Comprehensive National Cybersecurity Initiative. In the 112th 
Congress, the Committee will review efforts by federal agencies 
to coordinate cyber strategy and policy, and whether these 
policies have resulted in a secure communications and 
information infrastructure. The Committee will also review 
issues related to private-sector cyber security, including the 
manner in which fraud and other criminal issues affect e-
commerce.

                   TRADE AND GLOBALIZED SUPPLY CHAINS

    The Committee will review the issues presented by the 
globalization of production and manufacturing networks, 
including the integrity of products and components assembled 
overseas and the impact on national security, the 
competitiveness of U.S. companies, and trade relationships.

            CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008

    The Committee will examine the intended and unintended 
consequences of this law and how the Consumer Product Safety 
Commission is implementing it.

                    NHTSA MANAGEMENT AND OPERATIONS

    The Committee intends to conduct oversight of the National 
Highway Traffic Safety Administration, including the costs and 
benefits of its regulations, research activities, 
investigations, and enforcement actions pertaining to motor 
vehicle safety.

           FEDERAL TRADE COMMISSION MANAGEMENT AND OPERATIONS

    The Committee will conduct oversight of the Federal Trade 
Commission's management and operations, including the impact of 
its decisions and actions on the general public and the 
business community.

                             MISCELLANEOUS


                   EFFECTIVENESS OF STIMULUS SPENDING

    In the 112th Congress, the Committee will conduct oversight 
of agency programs in the Committee's jurisdiction, and review 
the implementation and spending of the American Recovery and 
Reinvestment Act to evaluate the law's effectiveness and 
efficiency in speeding both job creation and the growth of the 
American economy.

                    ORGANIZED CRIME-TERRORISM NEXUS

    The Committee will examine the nexus between organized 
crime and the financing of international terrorism. 
Recognition, as well as a better understanding of the link 
between traditional criminal activity and international 
terrorism is crucial in crafting both effective legislative 
tools as well as law enforcement methods capable of responding 
to the emerging threat. The Committee, with its expansive 
jurisdiction, is well-positioned to confront a range of 
domestic criminal enterprises and trade diversion schemes 
directed by U.S.-based members and sympathizers of Designated 
Foreign Terrorist Organizations for fundraising purposes, 
including the manufacture and distribution of counterfeit goods 
and currencies, identity theft, trafficking in contraband 
cigarettes, and the electronic transmittal of funds.

                        CRITICAL INFRASTRUCTURE

    In June 2006, the Bush Administration issued a National 
Infrastructure Protection Plan. This plan created a process by 
which the Department of Homeland Security (DHS) is to identify 
critical assets and assess their vulnerabilities and risks due 
to loss or natural disaster. During the 112th Congress, the 
Committee will review the Department's activities with respect 
to identifying high-priority assets and implementing plans to 
protect these assets in areas within the Committee's 
jurisdiction.

                           NUCLEAR SMUGGLING

    The Committee will continue to monitor Federal government 
and private sector efforts at border crossings, seaports, and 
mail facilities. The Committee's review will analyze and assess 
Customs' and DOE's efforts and the utility of equipment aimed 
at detecting and preventing the smuggling of dangerous 
commerce, particularly nuclear and radiological weapons of mass 
destruction.

                 BIOTERRORISM PREPAREDNESS AND RESPONSE

    The Committee will review the implementation of the Public 
Health Security and Bioterrorism Preparedness and Response Act 
of 2002 by HHS, and examine the extent of the coordination 
between HHS and the Department of Homeland Security with 
respect to setting priorities and goals for bioterrorism-
related research and preparedness activities.

                      PUBLIC SAFETY COMMUNICATIONS

    The Committee will examine whether the communications needs 
of first responders are being met. The Committee will examine 
the progress being made to ensure that first responders have 
interoperable communications capabilities with local, state, 
and federal public safety officials. The Committee will also 
consider whether first responders have an adequate amount of 
spectrum for voice, video, and data transmissions. In addition, 
the Committee will conduct oversight regarding the 
implementation of Phase II E911 services, which enable Public 
Safety Answering Points (PSAPs) to pinpoint the location of 
wireless subscribers who dial 911.

        IMPLEMENTATION OF GOVERNMENT-WIDE CYBER SECURITY PROGRAM

    The Homeland Security Act of 2002 included a separate 
legislative provision entitled the Federal Information Security 
Management Act, which reauthorized and enhanced a government-
wide cyber security program under the direction of the Office 
of Management and Budget (OMB). During the 112th Congress, the 
Committee will review efforts to ensure that Federal agencies 
are complying with the cyber security provisions of the new 
Homeland Security Act.

                            DISSENTING VIEWS

    The Republicans' report on the activities of the Committee 
on Energy and Commerce in the 112th Congress would have casual 
or uninformed readers believe that the Committee on Energy and 
Commerce is a beehive of momentous activity--that the Committee 
is acting decisively to advance an agenda for the nation.
    They would be mistaken. For all of its labors, this 
Committee has decisively failed to meet the most urgent need of 
the American people today: to pass into law legislation that 
will promote jobs and jobs growth for the country. Instead, the 
Committee's leadership has followed an extreme agenda across 
the Committee's jurisdiction that is completely divorced from 
creating jobs, investment and growth, or to help advance the 
recovery that is underway.
    The truth of what has transpired in this Committee in these 
first six months of the 112th Congress is revealed quite 
succinctly on page 8 of the Committee's document:

          ``Total Bills and Resolutions Referred to Committee: 
        417''
          ``Bills and Resolutions Reported to the House: 12''
          ``Public Laws: 0''

    Despite the agenda and mandate that the Republican 
leadership claim arose out of the election last November, they 
have failed to enact any laws that reflect it. For all the 52 
days of hearings that this report meticulously documents and 
the 18 days of legislative markup, this Committee has 
accomplished nothing.
    This stands in marked contrast to the record of this 
Committee in the 111th Congress. By the end of June 2009, we 
had reported from Committee and enacted into law the following 
measures:
           The American Recovery and Reinvestment Act, 
        which saved America from a repeat of the Great 
        Depression, and provided over $130 billion in programs 
        under the Committee's jurisdiction to develop renewable 
        energy sources and make investments in clean energy and 
        energy efficiency, increase funding for Medicaid to 
        address the effects of the recession, improve health 
        care technology, and expand broadband and Internet 
        access for businesses and households in underserved 
        communities.
           The Children's Health Insurance Program 
        Reauthorization Act, which provided $74 billion over 
        ten years to fund 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 authority to regulate the advertising, 
        marketing and manufacturing of tobacco products.
           The Digital Television Delay Act, which 
        extended the deadline by four months for the transition 
        from analogue to digital television to avoid disruption 
        to viewers.
    From the outset, the Republican leadership has pursued an 
agenda that can only be called radical and extreme. The first 
markup held in the full Committee, on February 15, was a bill 
that would prevent virtually all private coverage of abortion 
services. This was hardly the most pressing public policy 
imperative flowing from the election.
    Next the Committee voted to repeal the Affordable Care Act 
and its provisions that guarantee access for all to quality, 
affordable health insurance, protect Medicare, reform abusive 
insurance company practices, and close the donut hole for 
seniors purchasing the pharmaceuticals they need. Indeed, 
virtually all the health bills the Committee has considered 
have repealed all or portions of the Affordable Care Act, 
without offering any constructive alternatives. The Republican 
majority has also launched a concerted assault against 
Medicaid, which is relied upon particularly by women, children, 
and seniors for vital health services and long-term care. In 
short, the Republican leadership has moved to end Medicare and 
Medicaid as we know it, breaking a bedrock trust that has 
existed for nearly half a century to ensure basic health 
services for the aged and the poor in America.
    A similarly extreme agenda has been pursued with respect to 
energy, climate, and the environment. The Committee has 
embraced science denial. It has passed legislation that would 
repeal the EPA's scientific finding that greenhouse gas 
emissions endanger health and the environment, as well as 
remove EPA's authority to protect the American people from 
carbon pollution and the impacts of climate change. Other 
legislation that has been considered would tie EPA's hands in 
discharging its basic regulatory responsibilities under our 
environmental laws, stop EPA regulations of coal ash, expedite 
a tar sands pipeline from Canada, and ease air pollution rules 
on oil production facilities and refineries.
    The critical area of communications and the Internet is one 
where we should work together to ensure the proper management 
of spectrum to meet the needs of a growing Internet economy. 
But instead, much of the first five months was consumed by a 
partisan effort to repeal the FCC's open Internet rules, which 
the lion's share of industry in fact supports and which 
guarantees preservation of the open Internet. The Republican 
leadership also insisted instead on votes on the House floor to 
defund National Public Radio.
    In the area of consumer protection, the Subcommittee on 
Commerce, Manufacturing and Trade has held several hearings on 
jobs, exports and trade, but has failed to develop any 
legislation that promotes jobs and American competitiveness.
    With respect to the Committee's oversight activities, the 
Oversight and Investigations Subcommittee has been used 
principally as another vehicle to attack the Obama 
Administration and the Affordable Care Act. The Committee has 
held three hearings on the Affordable Care Act and Medicare and 
Medicaid. These hearings were largely partisan affairs and have 
resulted in no changes in law or policy. The Committee has also 
failed to hold hearings on critical and ongoing areas of public 
concern, such as the impact of the Republican budget on 
Medicare and Medicaid or the recent E. coli outbreak.
    This is not a record of achievement. It is a record of 
message bills and points scored, of science denial, and of 
undercutting the integrity of our regulatory agencies that 
protect our health and welfare. It is decidedly a record of 
legislative activity that has failed to create jobs or promote 
the economic security of the American people. The publication 
of this report by the Committee allows the American people to 
clearly see how ineffective the Committee has become in 
advancing legislation that will promote jobs, investment, 
growth and economic security.

                              SIGNATORIES

                                   Henry A. Waxman.
                                   Jan Schakowsky.
                                   Lois Capps.
                                   Frank Pallone, Jr.
                                   Mike Doyle.
                                   Tammy Baldwin.
                                   Donna M. Christensen.
                                   Eliot L. Engel.
                                   Diana DeGette.
                                   Edolphus Towns.
                                   Bobby L. Rush.
                                   Doris O. Matsui.
                                   Edward J. Markey.
                                   Charles A. Gonzalez.
                                   Anna G. Eshoo.
                                   G.K. Butterfield.

                                  
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