[House Report 112-561]
[From the U.S. Government Publishing Office]


                                                 Union Calendar No. 402

112th Congress, 2d Session - - - - - - - - - - - - House Report 112-561

 
                            ACTIVITY REPORT
                                 of the
                    COMMITTEE ON ENERGY AND COMMERCE

                                 of the

                     U.S. HOUSE OF REPRESENTATIVES

                         (THROUGH MAY 31, 2012)






 June 29, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
                         LETTER OF TRANSMITTAL

                              ----------                              

                          House of Representatives,
                          Committee on Energy and Commerce,
                                     Washington, DC, June 29, 2012.
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 
third semi-annual report on the activity of the Committee on 
Energy and Commerce for the 112th Congress.
            Sincerely,
                                                Fred Upton,
                                                          Chairman.
                            C O N T E N T S

                              ----------                              
                                                                   Page
Membership and Organization......................................     1
Legislative and Oversight Activity...............................     9
    Full Committee...............................................     9
    Subcommittee on Commerce, Manufacturing, and Trade...........    11
    Subcommittee on Communications and Technology................    19
    Subcommittee on Energy and Power.............................    31
    Subcommittee on Environment and the Economy..................    49
    Subcommittee on Health.......................................    57
    Subcommittee on Oversight and Investigations.................    83
Hearings Held Pursuant to Clauses 2(n), (o), or (p) of Rule XI...    95


                      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
TAMMY BALDWIN, Wisconsin             MARSHA BLACKBURN, Tennessee
MIKE ROSS, Arkansas                  BRIAN P. BILBRAY, California
JIM MATHESON, Utah                   CHARLES F. BASS, New Hampshire
G.K. BUTTERFIELD, North Carolina     PHIL GINGREY, Georgia
JOHN BARROW, Georgia                 STEVE SCALISE, Louisiana
DORIS O. MATSUI, California          ROBERT E. LATTA, Ohio
DONNA M. CHRISTENSEN,                CATHY McMORRIS RODGERS,
  Virgin Islands*                      Washington
KATHY CASTOR, Florida**              GREGG HARPER, Mississippi
JOHN P. SARBANES, Maryland***        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.
**Representative Anthony D. Weiner (D-NY) resigned from the Committee 
on Energy and Commerce on June 21, 2011. Representative Kathy Castor 
(D-FL) was elected to the Committee on Energy and Commerce on June 22, 
2011, pursuant to H. Res. 321.
***Representative Jay Inslee (D-WA) resigned from the Committee on 
Energy and Commerce on March 20, 2012. Representative John P. Sarbanes 
(D-MD) was elected to the Committee on Energy and Commerce on March 20, 
2012, pursuant to H. Res. 590.
               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
JOHN P. SARBANES, Maryland           PETE OLSON, Texas
HENRY A. WAXMAN, California (Ex Officio)ID 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.

             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,                MARSHA BLACKBURN, Tennessee
  Virgin Islands                     BRIAN P. BILBRAY, California
EDOLPHUS TOWNS, New York             CHARLES F. BASS, New Hampshire
FRANK PALLONE, Jr., New Jersey       PHIL GINGREY, Georgia
BOBBY L. RUSH, Illinois              STEVE SCALISE, Louisiana
DIANA DeGETTE, Colorado              ROBERT E. LATTA, Ohio
JOHN D. DINGELL, Michigan,           BRETT GUTHRIE, Kentucky
  (Ex Officio--non voting)           ADAM KINZINGER, Illinois
HENRY A. WAXMAN, California          JOE BARTON, Texas
  (Ex Officio)                       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
KATHY CASTOR, Florida                JOHN SHIMKUS, Illinois
JOHN P. SARBANES, Maryland           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
JIM MATHESON, Utah                   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
KATHY CASTOR, Florida                MICHAEL C. BURGESS, Texas
EDWARD J. MARKEY, Massachusetts      MARSHA BLACKBURN, Tennessee
GENE GREEN, Texas                    BRIAN P. BILBRAY, California
DONNA M. CHRISTENSEN, Virgin Islands PHIL GINGREY, Georgia
JOHN D. DINGELL, Michigan            STEVE SCALISE, Louisiana
HENRY A. WAXMAN, California          CORY GARDNER, Colorado
  (Ex Officio)                       H. MORGAN GRIFFITH, Virginia
                                     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
  Michael D. Bloomquist, General 
              Counsel
 Michael Beckerman, Deputy Staff 
             Director
  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
    R. Clayton Alspach, Counsel
      Carl Anderson, Counsel
      Paige Anderson, Policy 
      Coordinator, Commerce, 
     Manufacturing, and Trade
 Charlotte Baker, Press Secretary
  Ray Baum, Senior Policy Advisor
Sean Bonyun, Deputy Communications 
             Director
   Anita Bradley, Senior Policy 
   Advisor to Chairman Emeritus
 Allison Busbee, Legislative Clerk
 Annie Caputo, Professional Staff 
              Member
  Karen Christian, Deputy Chief 
      Counsel, Oversight and 
          Investigations
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
 Andrew Duberstein, Deputy Press 
             Secretary
   Nancy Dunlap, Fellow, Health
 Paul Edattel, Professional Staff 
              Member
  Garrett Golding, Professional 
           Staff Member
 Julie Goon, Senior Health Policy 
              Advisor
  Michael Gruber, Senior Policy 
              Advisor
        Sean Hayes, Counsel
 Cory Hicks, Policy Coordinator, 
         Energy and Power
     Brian ``Kirby'' Howard, 
         Legislative Clerk
  Deborah Keller, Press Secretary
Peter E. Kielty, Assistant General 
              Counsel
    Heidi King, Chief Economist
        Jason Knox, Counsel
   Wayne Laufert, Detailee, GPO
      Ben Lieberman, Counsel
     Brian McCullough, Senior 
     Professional Staff Member
  Carly McWilliams, Legislative 
               Clerk
 David Mehring, Detailee, OIG/HHS
   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, Deputy Press 
             Secretary
        David Redl, Counsel
      Tina Richards, Counsel
   Krista Carpenter Rosenthall, 
   Counsel to Chairman Emeritus
Chris Sarley, Policy Coordinator, 
    Environment and the 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, Policy Coordinator, 
              Health
    Roger Stoltz, Detailee, GAO
        John Stone, Counsel
   Karen Summar, Fellow, Health
James Thomas, Policy Coordinator, 
   Oversight and Investigations
   Tim Torres, Deputy Director, 
      Information Technology
      Daniel Tyrrell, Counsel
    Linda Walker, Coordinator, 
Administrative and Human Resources
     Shannon Weinberg, Counsel
    Chris Wells, Detailee, GPO
    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
 Roger C. Sherman, Chief Counsel 
and Staff Director, Communications 
          and Technology
 Karen Lightfoot, Communications 
Director and Senior Policy Advisor
   Michelle Ash, Chief Counsel, 
  Commerce, Manufacturing, Trade
   Brian Cohen, Staff Director, 
 Oversight and Investigations and 
       Senior Policy Advisor
   Greg Dotson, Staff Director, 
      Energy and Environment
  Ruth Katz, Chief Public Health 
              Counsel
  Statia Cardille, Deputy Chief 
              Counsel
    Jeff Baran, Senior Counsel
 Tiffany Benjamin, Senior Counsel
      Alison Cassady, Senior 
     Professional Staff Member
    Shawn Chang, Senior Counsel
  Amy Hall, Senior Professional 
           Staff Member
   Purvee Kempf, Senior Counsel
  Felipe Mendoza, Senior Counsel
    Rachel Sher, Senior Counsel
  Alexandra Teitz, Senior Counsel
  Michael Aylward, Professional 
           Staff Member
     Jacqueline Cohen, Counsel
       Kiren Gopal, Counsel
 Margaret Mccarthy, Professional 
           Staff Member
  Anne Morris Reid, Professional 
           Staff Member
       Matt Siegler, Counsel
  Jennifer Berenholz, Chief Clerk
   Elizabeth Ertel, Deputy Clerk
Elizabeth Letter, Assistant Press 
             Secretary
Kat Skiles, Online Communications 
             Director
     Alli Corr, Policy Analyst
 Caitlin Haberman, Policy Analyst
   Will Wallace, Policy Analyst
     Alvin Banks, Investigator
    Kara Van Stralen, Special 
             Assistant
 Stephen Salsbury, Staff Assistant
                   Legislative and Oversight Activity

                             Full Committee

                             (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 MUPHY, Pennsylvania
CHARLES A. GONZALEZ, Texas           MICHAEL C. BURGESS, Texas
TAMMY BALDWIN, Wisconsin             MARSHA BLACKBURN, Tennessee
MIKE ROSS, Arkansas                  BRIAN P. BILBRAY, California
JIM MATHESON, Utah                   CHARLES F. BASS, New Hampshire
G.K. BUTTERFIELD, North Carolina     PHIL GINGREY, Georgia
JOHN BARROW, Georgia                 STEVE SCALISE, Louisiana
DORIS O. MATSUI, California          ROBERT E. LATTA, Ohio
DONNA M. CHRISTENSEN,                CATHY McMORRIS RODGERS,
  Virgin Islands                       Washington
KATHY CASTOR, Florida                GREGG HARPER, Mississippi
JOHN P. SARBANES, Maryland           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.

                             HEARINGS HELD

    Hearing entitled ``The Consequences of Obamacare: Impact on 
Medicaid and State Health Care Reform.'' (March 1, 2011) Serial 
Number 112-11.
           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
JOHN P. SARBANES, Maryland           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.

                         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 a Committee Print entitled ``Enhancing CPSC Authority 
and Discretion Act of 2011'' to the full Committee, as amended, 
by a voice vote.
    On May 23, 2011, H.R. 1939 was introduced by Mrs. Bono 
Mack, referred to the Committee on Energy and Commerce, and 
referred to the Subcommittee on Commerce, Manufacturing, and 
Trade.
    On May 25 and 26, 2011, the Committee on Energy and 
Commerce met in open markup session to consider H.R. 1939. 
Members were recognized to make opening statements on H.R. 
1939, but the Chairman did not call up the bill.

        Secure and Fortify Electronic Data Act or SAFE Data Act


                              (H.R. 2577)

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

Summary

    H.R. 2577 requires the Federal Trade Commission (FTC) to 
promulgate regulations requiring any person engaged in 
interstate commerce that owns or possesses data containing 
personal information to establish and implement reasonable 
security policies and procedures to protect such information. 
The bill also requires notification to Federal authorities in 
the event that protection of personal information is 
compromised and preempts State breach notification 
requirements.

Legislative History

    On June 15, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing on a Committee Print 
entitled the ``Secure and Fortify Electronic Data Act'' or 
``SAFE Data Act.''
    On July 18, 2011, Mrs. Bono Mack introduced H.R. 2577, 
which was referred to the Committee on Energy and Commerce.
    On July 20, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade met in open markup session, and 
forwarded the bill to the full Committee, as amended, by a 
voice vote.

    To Provide the Consumer Product Safety Commission with Greater 
Authority and Discretion in Enforcing the Consumer Product Safety Laws, 
                         and for Other Purposes


                              (H.R. 2715)

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

Summary

    The legislation will provide the Consumer Product Safety 
Commission (CPSC) with greater flexibility to reduce regulatory 
burdens, particularly for small businesses.

Legislative History

    H.R. 2715 was introduced by Mrs. Bono Mack on August 1, 
2011, and referred to the Committee on Energy and Commerce. 
H.R. 2715 was then considered in the House under suspension of 
the Rules and passed by a roll call vote of 421 yeas and 2 nays 
(Roll Call No. 683).
    On August 1, 2011, H.R. 2715 was received in the Senate, 
read twice, considered, read a third time, and passed, without 
amendment, by unanimous consent.
    H.R. 2715 was presented to the President on August 5, 2011, 
and the President signed the bill on August 12, 2011 (Public 
Law 112-28).

                          OVERSIGHT ACTIVITIES


                  A Review of CPSIA and CPSC Resources

    On February 17, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a 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 the Chairman 
and a commissioner of the Consumer Product Safety Commission, 
and representatives of the Handmade Toy Alliance, Association 
of Home Appliance Manufacturers, Learning Resources Inc., and 
Kids in Danger.

           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.

           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.

       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, anti-drug organizations, and other 
experts.

             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.

        Sony and Epsilon: Lessons for Data Security Legislation

    On June 2, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Sony and 
Epsilon: Lessons for Data Security Legislation.'' The purpose 
of the hearing was to examine the risks of the recent data 
breaches at Epsilon and Sony and the state of the ongoing 
investigations into each incident. The Subcommittee received 
testimony from the general counsel of Epsilon Data Management, 
LLC and the president of Sony Network Entertainment 
International.

       Internet Privacy: The Views of the FTC, the FCC, and NTIA

    On July 14, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade and the Subcommittee on Communications 
and Technology held a joint hearing entitled ``Internet 
Privacy: The Views of the FTC, the FCC, and NTIA.'' The hearing 
examined 
the views of several Federal agencies regarding the regulation 
of Internet privacy. The Subcommittees received testimony from 
the Honorable Edith Ramirez, Commissioner of the Federal Trade 
Commission, the Honorable Julius Genachowski, Chairman of the 
Federal Communications Commission, and the Honorable Lawrence 
Strickling, the Assistant Secretary for Communications and 
Information and the Administrator of the National 
Telecommunication and Information Administration.

        Internet Privacy: The Impact and Burden of EU Regulation

    On September 15, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Internet 
Privacy: The Impact and Burden of EU Regulation.'' The 
Subcommittee examined the European Union's (EU) privacy and 
data collection regulations and their impact on the Internet 
economy. Witnesses included a representative from the 
Department of Commerce and other policy experts.

          Protecting Children's Privacy in an Electronic World

    On October 5, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Protecting 
Children's Privacy in an Electronic World.'' The purpose of the 
hearing was to examine existing protections for children's 
online privacy and their adequacy. The Subcommittee examined 
the provisions of the Children's Online Privacy Protection Act 
(COPPA) and the Federal Trade Commission's recent proposal to 
revise its COPPA rule. The Subcommittee received testimony from 
the Federal Trade Commission, SSP Blue, Association for 
Competitive Technology, Family Online Safety Institute, a 
communications professor from American University, and Common 
Sense Media.

    Food Marketing: Can `Voluntary' Government Restrictions Improve 
                           Children's Health?

    On October 12, 2011, the Subcommittee on Health and the 
Subcommittee on Commerce, Manufacturing and Trade held a joint 
hearing entitled ``Food Marketing: Can `Voluntary' Government 
Restrictions Improve Children's Health?'' The hearing 
investigated the document entitled ``Preliminary Proposed 
Nutrition Principles to Guide Industry Self-Regulatory 
Efforts,'' which was issued by the Interagency Working Group. 
The Subcommittees received testimony from representatives of 
the Department of Agriculture, the Federal Trade Commission, 
and stakeholders and policy experts.

             Understanding Consumer Attitudes About Privacy

    On October 13, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled 
``Understanding Consumer Attitudes About Privacy.'' The hearing 
examined consumers' attitudes toward privacy as reflected by 
their utilization and manipulation of existing privacy 
controls. Witnesses included stakeholders and policy experts.

                 Internet Gaming: Is There a Safe Bet?

    On October 25, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Internet 
Gaming: Is There a Safe Bet?'' The purpose of the hearing was 
to examine the status of Internet gaming in the United States 
and to consider how consumers and other stakeholders would be 
affected if current legal restrictions were eased. The 
Subcommittee received testimony from the Poker Players 
Alliance, National Indian Gaming Association, Fair Play USA, 
National Council on Problem Gambling, a professor from the 
Chapman University School of Law, and the Annenberg Public 
Policy Center.

             Internet Gaming: Regulating in an Online World

    On November 18, 2011, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Internet 
Gaming: Regulating in an Online World.'' The purpose of the 
hearing was to examine the status of internet gaming in the 
United States. The Subcommittee received testimony from the 
Honorable Barney Frank (MA-4), the Honorable Frank Wolf (VA-
10), the Honorable John Campbell (CA-48), State officials from 
Nevada and New Hampshire, and various stakeholders.

           Where the Jobs Are: Employment Trends and Analysis

    On February 15, 2012, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Where the 
Jobs Are: Employment Trends and Analysis.'' This was the first 
in a series of hearings to examine employment and ways to 
revitalize job creation. The purpose of the hearing was to 
explore current employment trends, with discussion of factors 
bearing on job growth. The Subcommittee received testimony from 
a Cornell University economics professor, Competitive 
Enterprise Institute, Boston Consulting Group Inc., and the 
Center for Economic and Policy Research.

           Prescription Drug Diversion: Combating the Scourge

    On March 1, 2012, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Prescription 
Drug Abuse: Combating the Scourge.'' The purpose of the hearing 
was to examine both Federal and private-sector efforts to 
combat diversion of prescription drugs in the pharmaceutical 
industry. The Subcommittee received testimony from the Office 
of National Drug Control Policy, U.S Drug Enforcement Agency, 
Florida Attorney General, Kentucky Attorney General, Ohio 
Senior Assistant Attorney General, Healthcare Distribution 
Management Association, and the National Community Pharmacists 
Association.

    Motor Vehicle Safety Provision in House and Senate Highway Bills

    On March 22, 2012, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Motor 
Vehicle Safety Provisions in House and Senate Highway Bills.'' 
The purpose of the hearing was to discuss the views of the 
Administration and other stakeholders concerning the vehicle 
safety provisions included in the House and Senate highway 
bills. The Subcommittee received testimony from Congressman 
John Lewis of Georgia, the Administrator of the National 
Highway Traffic Safety Administration, Alliance of Automobile 
Manufacturers, American Bus Association, Global Manufacturers, 
Advocates for Highway and Auto Safety, United Motorcoach 
Association, and Consumers Union.

Balancing Privacy and Innovation: Does the President's Proposal Tip the 
                                 Scale?

    On March 29, 2012, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Balancing 
Privacy and Innovation: Does the President's Proposal Tip the 
Scale?'' The purpose of the hearing was to examine the Obama 
Administration's proposed framework entitled ``Consumer Data 
Privacy in a Networked World: A Framework for Protecting 
Privacy and Promoting Innovation and the Global Digital 
Economy'' and receive the views of stakeholders. The 
Subcommittee received testimony from the Chairman of the 
Federal Trade Commission, the Assistant Secretary for 
Communication and Information of the U.S. Department of 
Commerce, TechFreedom, Online Publishers Association, the 
Association for Competitive Technology, Center for Democracy & 
Technology, and the Interactive Advertising Bureau.

      Where the Jobs Are: Can American Manufacturing Thrive Again?

    On April 19, 2012, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Where the 
Jobs Are: Can American Manufacturing Thrive Again?'' This was 
the second in a series of hearings examining employment and 
ways to revitalize job creation. The purpose of the hearing was 
to examine how manufacturing competiveness is affected by the 
current global economy and to identify policies that could aid 
in the sector's recovery. The Subcommittee received testimony 
from the Secretary of the U.S. Department of Commerce, 
Information Technology & Innovation Foundation, National 
Association of Manufacturers, Deloitte & Touche USA LLP, and 
the North Carolina Biotechnology Center.

            Where the Jobs Are: Promoting Tourism to America

    On May 16, 2012, the Subcommittee on Commerce, 
Manufacturing, and Trade held a hearing entitled ``Where the 
Jobs Are: Promoting Tourism to America.'' This was the third in 
a series of hearings examining employment and ways to 
revitalize job creation. The purpose of the hearing was to 
review the Obama Administration's recent proposal for expanding 
tourism and hear from other stakeholders. The Subcommittee 
received testimony from Congresswoman Mazie K. Hirono of 
Hawaii, the Assistant Secretary of Commerce for Manufacturing 
and Services, the Corporation for Travel Promotion (Brand USA), 
U.S. Travel Association, Marriott International, Greater Palm 
Springs Convention and Visitors Bureau, and a professor from 
East Carolina University.

                             HEARINGS HELD

    Hearing entitled ``A Review of CPSIA and CPSC Resources.'' 
(February 17, 2011) Serial Number 112-10.
    Hearing entitled ``Made in America: Innovations in Job 
Creation and Economic Growth.'' (March 3, 2011) Serial Number 
112-15.
    Hearing entitled ``Made in America: Increasing Jobs through 
Exports and Trade.'' (March 16, 2011) Serial Number 112-21.
    Hearing entitled ``Discussion Draft of H.R. ___, a bill 
that would revise the Consumer Product Safety Improvement 
Act.'' (April 7, 2011) Serial Number 112-34.
    Hearing entitled ``Warning: The Growing Danger of 
Prescription Drug Diversion.'' (April 14, 2011) Serial Number 
112-39.
    Hearing entitled ``The Threat of Data Theft to American 
Consumers.'' (May 4, 2011) Serial Number 112-44.
    Hearing entitled ``Sony and Epsilon: Lessons for Data 
Security Legislation.'' (June 2, 2011) Serial Number 112-55.
    Hearing entitled ``Discussion Draft of H.R. ___, a bill to 
require greater protection for sensitive consumer data and 
timely notification in case of breach.'' (June 15, 2011) Serial 
Number 112-62.
    Hearing entitled ``Internet Privacy: The Views of the FTC, 
the FCC, and NTIA.'' (July 14, 2011) Serial Number 112-75.
    Hearing entitled ``Internet Privacy: The Impact and Burden 
of EU Regulation.'' (September 15, 2011) Serial Number 112-86.
    Hearing entitled ``Protecting Children's Privacy in an 
Electronic World.'' (October 5, 2011) Serial Number 112-91.
    Hearing entitled ``Food Marketing: Can `Voluntary' 
Government Restrictions Improve Children's Health?'' (October 
12, 2011) Serial Number 112-94.
    Hearing entitled ``Understanding Consumer Attitudes About 
Privacy.'' (October 13, 2011) Serial Number 112-96.
    Hearing entitled ``Internet Gaming: Is There a Safe Bet?'' 
(October 25, 2011) Serial Number 112-100.
    Hearing entitled ``Internet Gaming: Regulating in an Online 
World.'' (November 18, 2011) Serial Number 112-105.
    Hearing entitled ``Where the Jobs Are: Employment Trends 
and Analysis.'' (February 15, 2012) Serial Number 112-115.
    Hearing entitled ``Prescription Drug Diversion: Combating 
the Scourge.'' (March 1, 2012) Serial Number 112-122.
    Hearing entitled ``Motor Vehicle Safety Provisions in House 
and Senate Highway Bills.'' (March 22, 2012) Serial Number 112-
130.
    Hearing entitled ``Balancing Privacy and Innovation: Does 
the President's Proposal Tip the Scale?'' (March 29, 2012) 
Serial Number 112-135.
    Hearing entitled ``Where the Jobs Are: Can American 
Manufacturing Thrive Again?'' (April 19, 2012) Serial Number 
112-139.
    Hearing entitled ``Where the Jobs Are: Promoting Tourism to 
America.'' (May 16, 2012) Serial Number 112-144.
             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,                MARSHA BLACKBURN, Tennessee
  Virgin Islands                     BRIAN P. BILBRAY, California
EDOLPHUS TOWNS, New York             CHARLES F. BASS, New Hampshire
FRANK PALLONE, Jr., New Jersey       PHIL GINGREY, Georgia
BOBBY L. RUSH, Illinois              STEVE SCALISE, Louisiana
DIANA DeGETTE, Colorado              ROBERT E. LATTA, Ohio
JOHN D. DINGELL, Michigan            BRETT GUTHRIE, Kentucky
  (Ex Officio--non voting)           ADAM KINZINGER, Illinois
HENRY A. WAXMAN, California          JOE BARTON, Texas
  (Ex Officio)                       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.

                         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) with respect to 
regulating the 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, and on March 9, 
2011, the Subcommittee held a hearing on the joint resolution.
    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 roll call vote of 15 yeas and 8 nays.
    The Committee on Energy and Commerce met in a markup 
session on March 14 and 15, 2011, and ordered H.J. Res. 37 
favorably reported to the House, without amendment, by a roll 
call 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).

To Prohibit Federal Funding of the National Public Radio and the Use of 
                 Federal Funds To Acquire Radio Content


                              (H.R. 1076)

    To prohibit Federal funding of National Public Radio and 
the use of Federal funds to acquire radio content.

Summary

    H.R. 1076 prohibits Federal funding to National Public 
Radio or any organization incorporated for broadcasting over 
noncommercial educational broadcast stations, cooperating with 
foreign broadcast systems, supporting noncommercial educational 
radio broadcasting, paying dues to such organizations, or 
acquiring public broadcast radio programs.

Legislative History

    H.R. 1076 was introduced by Mr. Lamborn on March 15, 2011, 
and referred to the Committee on Energy and Commerce.
    On March 15, 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. 1076.
    On March 17, 2011, H.R. 1076 passed the House by a roll 
call vote of 228 yeas and 192 nays, 1 present (Roll Call No. 
192).
    On March 17, 2011, H.R. 1076 was received in the Senate, 
read twice, and referred to the Committee on Commerce, Science, 
and Transportation.

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 pursuant to the American 
Recovery and Reinvestment Act of 2009 if the Administrator or 
Assistant Secretary determines that cause exists, including 
wasteful or fraudulent spending or an insufficient level of 
performance. The Administrator and the Assistant Secretary must 
deobligate funds upon terminating an award and to return the 
funds to the U.S. Treasury, as well as report to Congress 
explaining any determinations and actions taken. H.R. 1343 also 
improves oversight of the grant programs.

Legislative History

    On April 1, 2011, the Committee on Energy and Commerce'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 forwarded 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. H.R. 1343 was substantially similar 
to the Committee Print considered by the Subcommittee.
    On April 4, 2011, the Committee on Energy and Commerce 
referred the bill to the Subcommittee on Communications and 
Technology, and the Subcommittee was 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.
    On September 29, 2011, the Committee on Energy and Commerce 
reported H.R. 1343 to the House (H. Rept. 112-228, Part I), and 
the bill was placed on the Union Calendar (Calendar No. 149).
    On October 5, 2011, H.R. 1343 was considered in the House 
under suspension of the Rules, and the bill was passed, as 
amended, by a voice vote.
    On October 6, 2011, H.R. 1343 was received in the Senate, 
read twice, and referred to the Committee on Commerce, Science, 
and Transportation.

         Federal Communications Commission Process Reform Act 
                                of 2011


                              (H.R. 3309)

    To amend the Communications Act of 1934 to provide for 
greater transparency and efficiency in the procedures followed 
by the Federal Communications Commission.

Summary

    H.R. 3309 amends the Federal Communications Commission's 
(FCC) rulemaking procedure by requiring a Notice of Inquiry 
(NOI) in advance of a rulemaking, proposed rules to be issued 
within three years of an NOI, minimum time frames for the 
review of proposed rules and comment to the FCC, the 
establishment of performance measures for large programs, and 
cost benefit analysis for rules costing more than $100 million. 
The bill also requires the FCC to establish procedures to 
ensure the Commissioners have adequate time to review proposals 
and know the options available, and so the public has an 
opportunity to review and respond to ex partes and statistical 
reports before the FCC relies on them.

Legislative History

    On May 13 and June 22, 2011, the Subcommittee on 
Communications and Technology held hearings on the need to 
reform the processes of the Federal Communications Commission 
(FCC). Those hearings sought feedback from the FCC Chairman and 
Commissioners, as well as from members of industry, public 
interest groups, and the academic community on draft 
legislation.
    On November 2, 2011, H.R. 3309 was introduced by Mr. Walden 
and referred to the Committee on Energy and Commerce.
    On November 4, 2011, the Subcommittee on Communications and 
Technology met in open markup session and forwarded H.R. 3309 
to the full Committee, as amended, by a roll call vote of 14 
yeas and 9 nays.
    The Committee on Energy and Commerce met in an open markup 
session on March 5 and 6, 2012, and ordered H.R. 3309 favorably 
reported to the House, as amended, by a roll call vote of 31 
yeas and 16 nays.
    On March 19, 2012, the Committee on Energy and Commerce 
reported H.R. 3309 to the House (H. Rept. 112-414), and the 
bill was placed on the Union Calendar (Calendar No. 286).
    On March 27, 2012, H.R. 3309 was considered in the House 
pursuant to the provisions of H. Res. 595, and was passed, as 
amended, by a roll call vote of 247 yeas and 174 nays (Roll 
Call No. 138).
    On March 28, 2012, H.R. 3309 was received in the Senate, 
read twice, and referred to the Committee on Commerce, Science, 
and Transportation.

  Federal Communications Commission Consolidated Reporting Act of 2011


                              (H.R. 3310)

    To amend the Communications Act of 1934 to consolidate the 
reporting obligations of the Federal Communications Commission 
in order to improve congressional oversight and reduce 
reporting burdens.

Summary

    H.R. 3310 consolidates eight separate congressionally 
mandated reports on the communications industry into a single 
comprehensive report with a focus on intermodal competition, 
deploying communications to un-served communities, eliminating 
regulatory barriers, and empowering small businesses. This 
report is synched to the two-year congressional cycle to 
improve oversight and reduce costs. The Act also eliminates 12 
additional, outdated reports from the Communications Act.

Legislative History

    On May 13 and June 22, 2011, the Subcommittee on 
Communications and Technology held hearings on the need to 
reform the processes of the Federal Communications Commission 
(FCC). Those hearings sought feedback from the FCC Chairman and 
Commissioners, as well as from members of industry, public 
interest groups, and the academic community on draft 
legislation.
    H.R. 3310 was introduced by Mr. Scalise on November 2, 
2011, and referred to the Committee on Energy and Commerce.
    On November 4, 2011, H.R. 3310 was referred to the 
Subcommittee on Communications and Technology.
    On November 9, 2011, the Subcommittee on Communications and 
Technology met in open markup session and forwarded H.R. 3310 
to the full Committee, as amended, by a voice vote.
    The Committee on Energy and Commerce met in an open markup 
session on March 5 and 6, 2012, and ordered H.R. 3310 favorably 
reported to the House, as amended, by a voice vote.
    On April 16, 2012, H.R. 3310, the Committee on Energy and 
Commerce reported H.R. 3310 to the House (H. Rept. 112-443), 
and the bill was placed on the Union Calendar (Calendar No. 
310).
    On May 30, 2012, H.R. 3310 was considered under suspension 
of the Rules and passed the House, as amended, by a voice vote.

          Middle Class Tax Relief and Job Creation Act of 2011


                              (H.R. 3630)

    To provide incentives for the creation of jobs, and for 
other purposes.

Summary

    Title IV of the bill, the ``Jumpstarting Opportunity With 
Broadband Spectrum Act of 2011'' authorizes incentive auctions 
of commercial spectrum, makes funds available for the 
construction of an interoperable public safety network, and 
creates a governance structure for construction and operation 
of the network.

Legislative History

    On July 15, 2011, the Subcommittee on Communication and 
Technology held a hearing entitled ``Legislative Hearing to 
Address Spectrum and Public Safety Issues.'' During that 
hearing, the Subcommittee examined Committee Prints entitled 
the ``Spectrum Innovation Act of 2011,'' and the ``Spectrum 
Relocation Improvement Act of 2009.'' Based on the testimony 
from this hearing, oversight hearings on spectrum issues, and 
Member discussions, the Subcommittee released a Committee Print 
entitled the ``Jumpstarting Opportunity with Broadband Spectrum 
(JOBS) Act of 2011'' on November 29, 2011.
    On December 1, 2011, the Subcommittee on Communication and 
Technology met in open markup session and forwarded the 
Committee Print to the full Committee, as amended, by a roll 
call vote of 17 ayes and 6 nays.
    On December 9, 2011, H.R. 3630 was introduced by Mr. Camp 
and referred to the Committee on Ways and Means, the Committee 
on Energy and Commerce, the Committee on Financial Services, 
the Committee on Foreign Affairs, the Committee on 
Transportation and Infrastructure, the Committee on 
Agriculture, the Committee on Oversight and Government Reform, 
the Committee on House Administration, the Committee on Budget, 
the Committee on Natural Resources, the Committee on Rules, and 
the Committee on Intelligence.
    Title IV of H.R. 3630, entitled ``Jumpstarting Opportunity 
with Broadband Spectrum Act of 2011,'' includes provisions that 
are substantially similar to the Committee Print considered by 
the Subcommittee.
    On December 13, 2011, H.R. 3630 was considered in the House 
pursuant to the provisions of H. Res. 491, and passed the House 
by a roll call vote of 234 yeas and 193 nays (Roll Call No. 
923).
    On December 13, 2011, H.R. 3630 was read the first time, 
and ordered placed on the Senate Legislative Calendar under 
Read the First Time. On December 14, 2011, the bill was 
received in the Senate, read the second time, and placed on 
Senate Legislative Calendar under General Orders (Calendar No. 
257).
    On December 17, 2011, H.R. 3630 passed the Senate, with an 
amendment, by unanimous consent.
    On December 20, 2011, the House adopted a motion to 
disagree to the Senate amendment and requested a conference 
with the Senate by a roll call vote of 229 yeas and 193 nays 
(Roll Call No. 946), and the Speaker appointed the following 
conferees, Mr. Camp, Mr. Upton, Mr. Brady (TX), Mr. Walden, Mr. 
Price (GA), Mr. Reed, Mrs. Ellmers, and Mrs. Hayworth.
    On December 23, 2011 the Speaker appointed additional 
conferees, including Mr. Levin, Mr. Becerra, Mr. Van Hollen, 
Mrs. Schwartz, and Mr. Waxman.
    On December 23, 2011, the Senate insisted upon its 
amendments and agreed to the House's request to go to 
conference, and on January 3, 2012, the Senate appointed 
conferees, including Sen. Baucus, Sen. Reed, Sen. Cardin, Sen. 
Casey, Sen. Kyl, Sen. Crapo, and Sen. Barrasso.
    The conference met on February 2 and 7, 2012. The 
conference report (H. Rpt. 112-399) was filed on February 16, 
2012.
    On February 17, 2012, the conference report was considered 
in the House pursuant to the provisions of H. Res. 554, and the 
conference report was agreed to by a roll call vote of 293 yeas 
and 132 nays (Roll Call No. 72).
    The Senate agreed to the conference report by a roll call 
vote of 60 yeas and 36 nays (Roll Call No. 22).
    On February 22, 2012, H.R. 3639 was presented to and signed 
by the President (Public Law 112-96).

                          OVERSIGHT ACTIVITIES


                           Fairness Doctrine

    After FCC Commissioner Robert 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, stating that he opposed the Fairness 
Doctrine, that it was unenforceable without a vote of the 
Commission to revive it, and that 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. The FCC eliminated the 
Doctrine Aug. 22, 2011.

                        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 
the 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 funds from grants found to be wasteful, 
fraudulent, or failing, 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.

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 letter to FCC Chairman Julius Genachowski, 
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.

  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 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.

                           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 the 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.

            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.

   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. The Subcommittee received 
testimony from CTIA--The Wireless Association, an economist 
from Duke University, Qualcomm Inc., Public Knowledge, Schurz 
Communications, and Titan Broadcast Management.

                         Reforming FCC Process

    On June 22, 2011, the Subcommittee on Communications and 
Technology held a legislative hearing on the Committee Print 
entitled the ``Federal Communications Commission Process Reform 
Act.'' The Subcommittee received testimony from representatives 
of Broadband for America, Frontier Communications, Consumer 
Federation of America, Free State Foundation, the National 
Association of Regulatory Utility Commissioners, and a 
professor from the Washington University School of Law.

                    Federal Government Spectrum Use

    On July 6, 2011, the Subcommittee on Communications and 
Technology held a hearing entitled ``Federal Government 
Spectrum Use.'' The purpose of the hearing was to evaluate the 
impact of spectrum policy on interoperable broadband 
communications for public safety, in advancing wireless 
broadband, in reducing the deficit, and in creating jobs. The 
Subcommittee received testimony from the Assistant Secretary 
for Communications and Information at the Department of 
Commerce and the Administrator of the National 
Telecommunication and Information.

       Internet Privacy: The Views of the FTC, The FCC, and NTIA

    On July 14, 2011, the Subcommittee on Communications and 
Technology and the Subcommittee on Commerce, Manufacturing, and 
Trade held a joint hearing entitled ``Internet Privacy: The 
Views of the FTC, the FCC, and NTIA.'' The hearing examined the 
views of several Federal agencies regarding the regulation of 
Internet privacy. The Subcommittees received testimony from the 
Honorable Edith Ramirez, Chairman of the Commissioner of the 
Federal Trade Commission, the Honorable Julius Genachowski, 
Chairman of the Federal Communications Commission, and the 
Honorable Lawrence Strickling, the Assistant Secretary for 
Communications and Information and the Administrator of the 
National Telecommunication and Information Administration.

          Legislative Hearing To Address Spectrum and Public 
                             Safety Issues

    On July 15, 2011, the Subcommittee on Communications and 
Technology held a hearing entitled ``Legislative Hearing to 
Address Spectrum and Public Safety Issues.'' The purpose of the 
hearing was to discuss how spectrum policy can help bring 
interoperable broadband communications to public safety 
officials, advance wireless broadband service, reduce the 
deficit, and create jobs. The Subcommittee received testimony 
from the National Association of Broadcasters, CTIA-The 
Wireless Association, the San Jose Police Department, an 
economics professor from the University of Maryland, and the 
New America Foundation.

            H.R. 3035, Mobile Informational Call Act of 2011

    On November 4, 2011, the Subcommittee on Communications and 
Technology held a hearing on H.R. 3035, the ``Mobile 
Informational Call Act of 2011,'' introduced by the Honorable 
Lee Terry and the Honorable Edolphus Towns. The aim of H.R. 
3035 is to permit informational calls using automatic dialers 
to mobile devices and further amend the Telephone Consumer 
Protection Act in light of developments in the communications 
marketplace over the last twenty years. The Subcommittee 
received testimony from the Honorable Greg Zoeller, Attorney 
General of Indiana, HOPE NOW, Cargo Airline Association, CTIA, 
and the National Association of Consumer Advocates.

                 ICANN's Top-Level Domain Name Program

    On December 14, 2011, the Subcommittee on Communications 
and Technology held a hearing entitled ``ICANN's Top-Level 
Domain Name Program.'' The hearing examined the Internet 
Corporation for Assigned Names and Numbers' proposed expansion 
of the number of generic top-level domain names. The 
Subcommittee received testimony from representatives of the 
National Telecommunications and Information Administration, the 
Coalition Against Domain Name Abuse, Employ Media, the Council 
of Better Business Bureaus, the Association of National 
Advertisers, and ICANN.

 Cybersecurity: Threats to Communications Networks and Private-Sector 
                               Responses

    On February 8, 2012, the Subcommittee on Communications and 
Technology held a hearing entitled ``Cybersecurity: Threats to 
Communications Networks and Private-Sector Responses.'' The 
hearing examined the threats to America's communications 
networks, what the private sector is doing to address those 
threats, what the private sector could be doing better, and 
what role the Federal government should play. The subcommittee 
received testimony from Internet Security Alliance, Entrust, 
Juniper Networks, Center for Strategic and International 
Studies, and McAfee Inc.

    The Budget and Spending of the Federal Communications Commission

    On February 16, 2012, the Subcommittee on Communications 
and Technology held a hearing entitled ``The Budget and 
Spending of the Federal Communications Commission.'' The 
Subcommittee received testimony from the chairman of the 
Federal Communications Commission, the inspector general of the 
Federal Communications Commission, and the chief executive 
officer of Universal Service Administrative Company.

     Cybersecurity and the Pivotal Role of Communications Networks

    On March 7, 2012, the Subcommittee on Communications and 
Technology held a hearing entitled ``Cybersecurity and the 
Pivotal Role of Communications Networks.'' The hearing 
continued the examination of cybersecurity and our 
communications infrastructure with a focus on what internet 
service providers are doing to address cybersecurity. The 
Subcommittee received testimony from AT&T Services, Inc., 
CenturyLink, Comcast Corporation, and MetroPCS Communications 
Inc.

  Cybersecurity: Threats to Communications Networks and Public-Sector 
                               Responses

    On March 28, 2012, the Subcommittee on Communications and 
Technology held a hearing entitled ``Cybersecurity: Threats to 
Communications Networks and Public-Sector Responses.'' The 
hearing examined threats to America's communications networks, 
what the public sector is doing to address those threats, how 
it is working with the private sector, and what role the 
Federal government should play in securing communications 
networks. The Subcommittee received testimony from witnesses 
representing the Federal Communications Commission, the 
National Telecommunications and Information Administration, the 
Department of Homeland Security, Carnegie Mellon's Computer 
Emergency Readiness Team, and Sandia Laboratories.

                       Broadband Loans and Grants

    On May 16, 2012, the Subcommittee on Communications and 
Technology held a hearing entitled ``Broadband Loans and 
Grants.'' The hearing examined the $7.2 billion in broadband 
grants and loans that was allocated by the American Recovery 
and Reinvestment Act of 2009. The Subcommittee received 
testimony from the Assistant Secretary for Communications and 
Information at the Department of Commerce, the Administrator of 
the Rural Utility Service, the Inspector General of the U.S. 
Department of Commerce, and the Deputy Inspector General at the 
U.S. Department of Agriculture.

                             HEARINGS HELD

    Hearing entitled ``ARRA Broadband Spending.'' (February 10, 
2011) Serial Number 112-5.
    Hearing entitled ``Network Neutrality and Internet 
Regulation: Warranted or More Economic Harm than Good?'' 
(February 16, 2011) Serial Number 112-8.
    Hearing entitled ``H.J. Res 37, Disapproving the rule 
submitted by the Federal Communications Commission with respect 
to regulating the Internet and broadband industry.'' (March 9, 
2011) Serial Number 112-18.
    Hearing entitled ``H.R. ___, a Bill to Clarify NTIA and RUS 
Authority to Return Reclaimed Stimulus Funds to the U.S. 
Treasury.'' (April 1, 2011) Serial Number 112-30.
    Hearing entitled ``Using Spectrum to Advance Public Safety, 
Promote Broadband, Create Jobs, and Reduce the Deficit.'' 
(April 12, 2011) Serial Number 112-36.
    Hearing entitled ``FCC Process Reform.'' (May 13, 2011) 
Serial Number 112-48.
    Hearing entitled ``Creating an Interoperable Public Safety 
Network.'' (May 25, 2011) Serial Number 112-51.
    Hearing entitled ``Promoting Broadband, Jobs and Economic 
Growth Through Commercial Spectrum Auctions.'' (June 1, 2011) 
Serial Number 112-53.
    Hearing entitled ``Reforming FCC Process.'' (June 22, 2011) 
Serial Number 112-66.
    Hearing entitled ``Federal Government Spectrum Use.'' (July 
6, 2011) Serial Number 112-69.
    Hearing entitled ``Internet Privacy: The Views of the FTC, 
the FCC, and NTIA.'' (July 14, 2011) Serial Number 112-75.
    Hearing entitled ``Legislative Hearing to Address Spectrum 
and Public Safety Issues.'' (July 15, 2011) Serial Number 112-
76.
    Hearing entitled ``H.R. 3035, The `Mobile Informational 
Call Act of 2011.''' (November 4, 2011) Serial Number 112-103.
    Hearing entitled ``ICANN's Top-Level Domain Name Program.'' 
(December 14, 2011) Serial Number 112-107.
    Hearing entitled ``Cybersecurity: Threats to Communications 
Networks and Private-Sector Responses.'' (February 8, 2012) 
Serial Number 112-112.
    Hearing entitled ``The Budget and Spending of the Federal 
Communications Commission.'' (February 16, 2012) Serial Number 
112-117.
    Hearing entitled ``Cybersecurity: The Pivotal Role of 
Communications Networks.'' (March 7, 2012) Serial Number 112-
123.
    Hearing entitled ``Cybersecurity: Threats to Communications 
Networks and Public-Sector Responses.'' (March 28, 2012) Serial 
Number 112-134.
    Hearing entitled ``Broadband Loans and Grants.'' (May 16, 
2012) Serial Number 112-143.
    Hearing entitled ``International Proposals to Regulate the 
Internet.'' (May 31, 2012) Serial Number 112-145.
                    Subcommittee on Energy and Power

                             (Ratio 16-11)

 ED WHITFIELD, Kentucky, Chairman

BOBBY L. RUSH, Illinois,             JOHN SULLIVAN, Oklahoma,
  Ranking Member                       Vice Chairman
KATHY CASTOR, Florida                JOHN SHIMKUS, Illinois
JOHN P. SARBANES, Maryland           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.

                         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. To this end, certain prior Clean Air 
Act greenhouse gas agency actions are repealed, including 
without limitation, the Agency's actions with respect to 
``Endangerment and Cause or Contribute Findings for Greenhouse 
Gases'' Under Section 202(a) of the Clean Air Act'' and the 
rulemaking entitled ``Mandatory Reporting of Greenhouse 
Gases.'' Notwithstanding the foregoing, reporting requirements 
as a result of implementation and enforcement of section 821 of 
Public Law 101-549 (commonly referred to as the Clean Air Act 
Amendments of 1990) would remain in effect.

Legislative History

    On February 9, 2011, the Subcommittee on Energy and Power 
held a hearing on a Committee Print entitled the ``Energy Tax 
Prevention Act of 2011.'' The Subcommittee held another 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.
    On March 8, 2011, the bill was referred to the Subcommittee 
on Energy and Power, and the Subcommittee held another 
legislative hearing on the bill entitled ``Climate Science and 
EPA's Greenhouse Gas Regulations.''
    The Subcommittee on Energy and Power 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 Committee on Energy and Commerce met in open markup 
session on March 14 and 15, 2011, and ordered H.R. 910 
favorably reported to the House, as amended, by a roll call 
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 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.

            Farm Dust Regulation and Prevention Act of 2011


                              (H.R. 1633)

    To establish a temporary prohibition against revising any 
national ambient air quality standard applicable to coarse 
particulate matter, to limit Federal regulation of nuisance 
dust in areas in which such dust is regulated under State, 
tribal, or local law, and for other purposes.

Summary

    H.R. 1633 prohibits the Environmental Protection Agency 
(EPA) from proposing, finalizing, implementing, or enforcing 
any regulation revising the National Ambient Air Quality 
Standards applicable to coarse particulate matter for one year 
from the date of enactment, and limits Federal regulation of a 
subset of particulate matter defined as ``nuisance dust'' when 
it is already addressed by state or local regulations unless 
the Administrator finds that: (1) nuisance dust causes 
substantial adverse public health and welfare effects at 
ambient concentrations and (2) the benefits of applying federal 
Clean Air Act standards to nuisance dust outweigh the costs.

Legislative History

    H.R. 1633 was introduced by Ms. Noem on April 15, 2011, and 
referred to the Committee on Energy and Commerce.
    On April 25, 2011, the bill was referred to the 
Subcommittee on Energy and Power, and on October 25, 2011, the 
Subcommittee held a hearing on the bill.
    On November 3, 2011, the Subcommittee on Energy and Power 
met in an open markup session and forwarded H.R. 1633, as 
amended, to the full Committee.
    On November 29, 2011, the Committee on Energy and Commerce 
met in an open markup session and ordered H.R. 1633 reported to 
the House, as amended, by a roll call vote of 33 yeas and 16 
nays.
    On December 6, 2011, the Committee on Energy and Commerce 
reported H.R. 1633 to the House (H. Rept. 112-316), and the 
bill was placed on the Union Calendar (Calendar No. 215).
    On December 8, 2011, H.R. 1633 was considered in the House 
pursuant to the provisions of H. Res. 487, and the bill was 
passed by a roll call vote of 268 yeas and 150 nays (Roll Call 
No. 912).
    On December 12, 2011, H.R. 1633 was received in the Senate 
and read once and placed on Senate Legislative Calendar under 
Read the First Time. On December 13, 2011, H.R. 1633 was read 
the second time and placed on Senate Legislative Calendar under 
General Orders (Calendar No. 256).

  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 Committee on Energy and Commerce 
referred H.R. 1705 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.
    For further activity, see H.R. 2401.

                North American-Made Energy Security Act


                              (H.R. 1938)

    To direct the President to expedite the consideration and 
approval of the construction and operation of the Keystone XL 
oil pipeline, and for other purposes

Summary

    H.R. 1938 directs the President of the United States to 
coordinate with each Federal agency responsible for 
coordinating or considering an aspect of the President's 
National Interest Determination and Presidential Permit 
decision regarding construction and operation of the Keystone 
XL pipeline to ensure that all necessary actions are taken on 
an expedited schedule. The bill also directs the President, 
within 30 days after the final environmental impact statement, 
but not later than November 1, 2011, to issue a final order 
granting or denying the Presidential Permit for the Keystone XL 
pipeline.

Legislative History

    Mr. Terry introduced H.R. 1938 on May 23, 2011, and 
referred to the Committee on Transportation and Infrastructure, 
and in addition to the Committees on Energy and Commerce and 
the Committee on Natural Resources, for a period to be 
subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the 
jurisdiction of the committee concerned.
    On May 24, 2011, H.R. 1938 was referred to Subcommittee on 
Energy and Power. On June 15, 2011, the Subcommittee met in 
open markup session, and H.R. 1938 was forwarded to the full 
Committee by a voice vote.
    On June 23, 2011, the Committee on Energy and Commerce met 
in open markup session, and ordered H.R. 1938 favorably 
reported to the House by a roll call vote of 33 yeas and 13 
nays.
    On July 8, 2011, the Committee on Energy and Commerce 
reported H.R. 1938 to the House (H. Rept. 112-140, Part I).
    On July 26, 2011, H.R. 1938 was considered in the House 
pursuant to H. Res. 370 and was passed by a roll call vote of 
279 years, 147 nays, and 1 present (Roll No. 650).
    On July 27, 2011, H.R. 1938 was received in the Senate, 
read the first time, and placed on the Senate Legislative 
Calendar under Read the First Time. On July 28, 2011, the bill 
was read the second time and placed on the Senate Legislative 
Calendar under General Orders (Calendar No. 116).
    Provisions similar to H.R. 1938 were included in H.R. 3630, 
the ``Temporary Payroll Tax Cut Continuation Act of 2011.'' The 
legislative history of H.R. 3630 is discussed in the sections 
on the Subcommittee on Communications and Technology and the 
Subcommittee on Health.

                 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 Committee Print entitled 
the ``Jobs and Energy Permitting Act of 2011.'' The 
Subcommittee on Energy and Power met in open markup session on 
May 24, 2011, and the Committee Print 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 
2, 2011, and ordered H.R. 2021 favorably reported to the House, 
without amendment, by a roll call vote of 34 yeas and 14 nays.
    On June 16, 2011, the Committee on Energy and Commerce 
reported H.R. 2021 to the House (H. Rept. 112-108), and the 
bill was placed on the Union Calendar (Calendar No. 62).
    On June 22, 2011, H.R. 2021 was considered in the House 
pursuant to the provisions of H. Res. 316, and the bill was 
passed by a roll call vote of 253 yeas and 166 nays (Roll Call 
No. 477).
    On June 23, 2011, H.R. 2021 was received in the Senate, 
read the first time, and placed on the Senate Legislative 
Calendar. On June 27, 2011, the bill was read the second time 
and placed on the Senate Legislative Calendar under General 
Orders (Calendar No. 86).

               Energy and Revenue Enrichment Act of 2011


                              (H.R. 2054)

    To provide for the reenrichment of certain depleted uranium 
owned by the Department of Energy, and for the sale of barter 
of the resulting reenriched uranium, and for other purposes.

Summary

    H.R. 2054 directs the Secretary of the Department of Energy 
(DOE) to contract with a qualified operator for a 24-month 
pilot program for the re-enrichment of depleted uranium. The 
Secretary is authorized to sell the re-enriched uranium 
generated under the contract. The proceeds from the sale are 
available to carry out the pilot program, and the remaining 
funds are deposited into the Uranium Decontamination and 
Decommissioning Fund. The Secretary retains title to the 
depleted uranium generated by the pilot program, and is 
authorized to assume or transfer title to additional depleted 
uranium to satisfy the terms of the pilot program contract.
    During the 2-year pilot program, and the 2 years 
thereafter, the Secretary is authorized to sell up to 15 
percent of the U.S.'s nuclear fuel requirements. After that 4-
year period, the Secretary may sell up to only 10 percent of 
the U.S.'s nuclear fuel requirements in any year, unless the 
Secretary determines there will be no impact on the uranium 
markets.

Legislative History

    H.R. 2054 was introduced by Mr. Whitfield on May 26, 2011, 
and referred to the Committee on Energy and Commerce.
    On June 3, 2011, the bill was referred to the Subcommittee 
on Energy and Power. The Subcommittee met in open markup 
session on July 27, 2011, and H.R. 2054 was forwarded to the 
full Committee, as amended, by a voice vote.

                   EPA Regulatory Relief Act of 2011


                              (H.R. 2250)

    To Provide additional time for the Administrator of the 
Environmental protection Agency to issue achievable standards 
for industrial, commercial, and institutional boilers, process 
heaters, and incinerators, and for other purposes.

Summary

    The bill nullifies four recently published, interrelated 
Environmental Protection Agency (EPA) rules setting MACT and 
other performance standards for industrial, commercial, and 
institutional boilers and process heaters, and commercial and 
industrial solid waste incineration units and then directs the 
Administrator of the EPA to promulgate new rules 15 months 
after the date of enactment pursuant to regulatory standards 
that can be met under actual operating conditions and that 
impose the least burdensome regulatory alternatives.

Legislative History

    H.R. 2250 was introduced on June 21, 2011, by Mr. Griffith 
and Mr. Butterfield, and referred to the Committee on Energy 
and Commerce.
    On June 22, 2011, H.R. 2250 was referred to the 
Subcommittee on Energy and Power. On September 8, 2011, the 
Subcommittee on Energy and Power held a legislative hearing on 
H.R. 2250 entitled ``Legislative Hearing on H.R. 2250, the EPA 
Regulatory Relief Act of 2011 and H.R. 2681, the Cement Sector 
Regulatory Relief Act of 2011.''
    On September 13, 2011, the Subcommittee on Energy and Power 
met in open markup session and forwarded the bill to the full 
Committee, without amendment, by a voice vote.
    On September 20 and 21, 2011, the Committee on Energy and 
Commerce met in open markup session and ordered H.R. 2250 
favorably reported to the House, as amended (H. Rept. 112-225), 
by a roll call vote of 36 yeas and 14 nays, and the bill was 
placed on the Union Calendar (Calendar No. 146).
    On October 3, 2011, H.R. 2250 was considered in the House 
pursuant to H. Res. 419, and the bill was passed by a roll call 
vote of 275 yeas and 142 nays (Roll Call No. 791).
    On October 17, 2011, H.R. 2250 was received in the Senate 
and read once and placed on Senate Legislative Calendar under 
Read the First Time. On October 18, 2011, H.R. 2250 was read 
the second time and placed on Senate Legislative Calendar under 
General Orders (Calendar No. 201).

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


                              (H.R. 2401)

    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. 2401 establishes an interagency committee, chaired by 
the Secretary of Commerce, to analyze and report on the 
cumulative and incremental impacts of certain rules and actions 
of the Environmental Protection Agency (EPA) and to report the 
findings to Congress. The bill nullifies the rule entitled 
``Federal Implementation Plans: Interstate Transport of Fine 
Particulate Matter and Ozone and Correction of SIP approvals'' 
and then directs the Administrator of EPA to promulgate new 
rules under section 110(a)(2)(D)(i)(I) or section 126 of the 
Clean Air Act relating to national ambient air quality 
standards for ozone or particulate matter. The bill also 
nullifies the rule entitled ``National Emission Standards for 
Hazardous Air Pollutants From Coal- and Oil-Fired Electric 
Utility Steam Generating Units and Standards of Performance for 
Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-
Institutional; and Small Industrial-Commercial-Institutional 
Steam Generating Units,'' and directs the Administrator to 
promulgate new rules under section 112 of the Clean Air Act 
with respect to each hazardous air pollutant for which the 
Administrator finds such regulations are appropriate and 
necessary pursuant to (n)(1)(A) of such section. Lastly, in 
establishing any national primary or secondary ambient air 
quality standard under section 109 of the Clean Air Act, the 
Administrator is required to consider cost and feasibility.

Legislative History

    H.R. 2401 was introduced by Mr. Sullivan on June 24, 2011, 
and referred to the Committee on Energy and Commerce.
    On June 24, 2011, the Committee on Energy and Commerce 
referred H.R. 2401 to the Subcommittee on Energy and Power.
    The Subcommittee on Energy and Power met in an open markup 
session on July 8, 2011, and forwarded H.R. 2401 to the full 
Committee, without amendment, by a voice vote.
    The Committee on Energy and Commerce met in an open markup 
session on July 11, 12, and 13, 2011, and ordered H.R. 2401 
reported to the House, as amended, by a roll call vote of 33 
yeas and 13 nays.
    On September 15, 2011, the Committee on Energy and Commerce 
reported H.R. 2401, as amended, to the House (H. Rept. 112-
208), and the bill was placed on the Union Calendar (Calendar 
No. 136).
    On September 22 and 23, 2011, H.R. 2401 was considered in 
the House pursuant to H. Res. 406, and on September 23, 2011, 
the bill was passed by a roll call vote of 249 yeas and 169 
nays (Roll Call No. 741).
    On September 26, 2011, H.R. 2401 was received in the 
Senate, read twice, and referred to the Committee on 
Environment and Public Works.

              Cement Sector Regulatory Relief Act of 2011


                              (H.R. 2681)

    To provide additional time for the Administrator of the 
Environmental Protection Agency to issue achievable standards 
for cement manufacturing facilities, and for other purposes.

Summary

    The legislation requires the Environmental Protection 
Agency (EPA) to issue new rules 15 months after the date of 
enactment under the Clean Air Act (CAA) governing emissions of 
hazardous air pollutants from cement manufacturing plants and 
nullifies the existing rule entitled ``National Emissions 
Standards for Hazardous Air Pollutants from the Portland Cement 
Manufacturing Industry and Standards of Performance for 
Portland Cement Plants,'' and nullifies the following two rules 
to the extent they apply to the Portland Cement Manufacturing 
Industry and Portland Cement plants entitled: ``Standards of 
Performance for New Stationary Sources and Emission Guidelines 
for Existing Sources: Commercial and Industrial Solid Waste 
Incineration Units,'' and ``Identification of Non-Hazardous 
Secondary Materials that are Solid Waste.'' The new rules are 
required to use regulatory standards that can be met under 
actual operating conditions and that impose the least 
burdensome regulatory alternatives.

Legislative History

    On July 28, 2011, H.R. 2681 was introduced to the House by 
Mr. Sullivan and referred to the Committee on Energy and 
Commerce.
    On August 5, 2011, the bill was referred to the 
Subcommittee on Energy and Power.
    The Subcommittee on Energy and Power met in open markup 
session on September 13, 2011, and forwarded H.R. 2681 to the 
full Committee, without amendment, by a voice vote.
    On September 20 and 21, 2011, the full Committee met in 
open markup session and ordered H.R. 2681 reported to the 
House, as amended, by a roll call vote of 33 yeas and 12 nays.
    On September 26, 2011, the Committee on Energy and Commerce 
reported H.R. 2681 to the House (H. Rept. 112-227), and the 
bill was placed on the Union Calendar (Calendar No. 148).
    On October 5 and 6, 2011, H.R. 2681 was considered in the 
House pursuant to the provisions of H.Res. 419, and on October 
6, 2011, the bill was passed, as amended, by a roll call vote 
of 262 yeas and 161 nays (Roll Call No. 764).
    On October 11, 2011, the bill was received in the Senate, 
read the first time, and placed on the Senate Legislative 
Calendar under Read the First Time. On October 12, 2011, the 
bill was read the second time and placed on the Senate 
Legislative Calendar under General Orders (Calendar No. 192).

      Pipeline Infrastructure and Community Protection Act of 2011


                         (H.R. 2937, H.R. 2845)

    To amend title 49, United States Code, to provide for 
enhanced safety and environmental protection in pipeline 
transportation, to provide for enhanced reliability in the 
transportation of the Nation's energy products by pipeline, and 
for other purposes.

Summary

    H.R. 2937 provides for enhanced safety and environmental 
protection in pipeline transportation by directing the 
Secretary of Transportation to enforce numerous requirements 
for pipeline operators and perform several studies on pipeline 
safety standards and technology. Additionally, the bill 
reauthorizes pipeline safety programs administered by the 
Department of Transportation through fiscal year 2014.

Legislative History

    The Subcommittee on Energy and Power held two days of 
hearings on pipeline safety in the 112th Congress as part of 
the ``American Energy Initiative'' series. On June 16, 2011, 
Members received testimony on the current status of pipeline 
safety, and on July 15 and July 21 2011, the Subcommittee held 
a hearing on a Committee Print that became H.R. 2937.
    H.R. 2937 was introduced by Mr. Upton on September 15, 
2011, and referred to the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce.
    On September 20, 2011, the Committee on Energy and Commerce 
referred H.R. 2937 to the Subcommittee on Energy and Power.
    On September 20 and 21, 2011, the Committee on Energy and 
Commerce met in an open markup session and ordered H.R. 2937 
favorably reported to the House, as amended, by a roll call 
vote of 51 yeas and 0 nays.
    On November 16, 2011, the Committee on Energy and Commerce 
reported H.R. 2937 to the House, as amended (H. Rept. 112-287, 
Part I).
    On September 7, 2011, H.R. 2845, the ``Pipeline Safety, 
Regulatory Certainty, and Job Creation Act of 2011,'' was 
introduced by Mr. Shuster and referred to the Committee on 
Transportation and Infrastructure and the Committee on Energy 
and Commerce.
    On September 8, 2011, the Committee on Transportation and 
Infrastructure met in open markup session and ordered H.R. 2845 
favorably reported to the House, as amended, by a voice vote.
    On December 1, 2011, the Committee on Transportation and 
Infrastructure reported H.R. 2845 to the House, as amended (H. 
Rept. 112-297, Part I).
    On December 12, 2011, H.R. 2845, which included provisions 
similar to H.R. 2937, was considered under suspension of the 
Rules and passed the House by a voice vote.
    On December 13, 2011, H.R. 2845 was received in the Senate, 
read twice, considered, read the third time, and passed without 
amendment by unanimous consent.
    On December 23, 2011, H.R. 2845 was presented to the 
President, and on January 3, 2012, H.R. 2845 was signed into 
law (Public Law 112-90).

                  The North American Energy Access Act


                              (H.R. 3548)

    To facilitate United States access to North American oil 
resources, and for other purposes.

Summary

    H.R. 3548 directs the Federal Energy Regulatory Commission 
(FERC) to issue a permit for the construction, operation, and 
maintenance of the Keystone XL Pipeline Project within 30 days 
of receiving an application, or the permit will be deemed to 
have been issued.
    An applicant may make substantial modifications to the 
pipeline only with the approval of FERC, and FERC is directed 
to expedite consideration of such a modification.
    FERC also is directed to enter into a memorandum of 
understanding (MOU) with the State of Nebraska for a review 
under National Environmental Policy Act of 1969 of any 
modification to the pipeline route in Nebraska, and to approve 
modifications within 30 days of receiving approval of the 
proposed modification from the Governor of Nebraska, or the 
modification will be deemed approved.

Legislative History

    H.R. 3548 was introduced by Mr. Terry on December 2, 2011, 
and referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Transportation and Infrastructure, 
and the Committee on Natural Resources.
    On December 9, 2011, the Committee on Energy and Commerce 
referred H.R. 3548 to the Subcommittee on Energy and Power.
    On January 25, 2012, and February 3, 2012, the Subcommittee 
on Energy and Power held a legislative hearing entitled, 
``American Jobs Now: A Legislative Hearing on H.R. 3548, the 
North American Energy Access Act.''
    The Committee on Energy and Commerce met in an open markup 
session on February 6 and 7, 2012, and ordered H.R. 3548 
favorably reported to the House, as amended, by a roll call 
vote of 33 yeas and 20 nays.
    The provisions of H.R. 3548 are substantially similar to 
Title II of H.R. 4348, the ``Surface Transportation Extension 
Act of 2012, Part II.''
    H.R. 4348 was introduced by Mr. Mica on April 16, 2012, and 
referred to the Committee on Transportation and Infrastructure, 
and in addition to the Committee on Ways and Means, the 
Committee on Natural Resources, the Committee on Science, 
Space, and Technology, and the Committee on Energy and 
Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as 
fall within the jurisdiction of the committee concerned.
    On April 18, 2012, H.R. 4348 was considered in the House 
pursuant to the provisions of H.Res. 619, and the bill was 
passed, as amended, by a roll call vote of 293 yeas and 127 
nays (Roll Call No. 170).
    On April 18, 2012, H.R. 4348 was received in the Senate, 
and on April 24, 2012, the Senate passed the bill, as amended, 
by unanimous consent. The Senate insisted upon its amendment, 
asked for a conference, appointed the following conferees, Sen. 
Boxer, Sen. Baucus, Sen. Rockefeller, Sen. Durbin, Sen. Johnson 
(SD), Sen. Schumer, Sen. Nelson (FL), Sen. Menendez, Sen. 
Inhofe, Sen. Vitter, Sen. Hatch, Sen. Shelby, Sen. Hutchison, 
and Sen. Hoeven, and sent a message on Senate action to the 
House.
    On April 25, 2012, the House disagreed to the Senate 
amendment, agreed to the Senate's request to go to conference 
by unanimous consent, and the Speaker appointed conferees. From 
the Committee on Energy and Commerce, the Speaker appointed Mr. 
Upton, Mr. Whitfield, and Mr. Waxman for consideration of 
section 142 and Title II and Title V of the House bill, and 
sections 1113, 1201, 1202, subtitles B, C, D, and E of Title I 
of Division C, sections 32701-32705, 32710, 32713, 40101, and 
40301 of the Senate amendment, and modifications committed to 
conference.

                    Gasoline Regulations Act of 2012


                              (H.R. 4471)

    To require analyses of the cumulative impacts of certain 
rules and actions of the Environmental Protection Agency that 
impact gasoline, diesel fuel, and natural gas prices, jobs, and 
the economy, and for other purposes.

Summary

    H.R. 4471 establishes an interagency committee chaired by 
the Secretary of Energy to conduct a cumulative analysis of 
certain Environmental Protection Agency regulations relating to 
gasoline and diesel fuel in the United States and to report the 
findings to Congress. The bill also defers for at least 6 
months after submission of the final report developed by the 
interagency committee the following new regulations: (i) Tier 3 
motor vehicle emissions and fuel standards; (ii) new or revised 
performance or emissions standards applicable to petroleum 
refineries; and (iii) new ozone standards. In addition, in 
establishing any national primary or secondary ambient air 
quality standard under section 109 of the Clean Air Act, the 
Administrator is required to consider cost and feasibility.

Legislative History

    On March 28, 2012, the Subcommittee on Energy and Power 
held a hearing entitled ``The American Energy Initiative'' 
which focused on draft legislation, including the Committee 
Print entitled the ``Gasoline Regulations Act of 2012.''
    The Subcommittee on Energy and Power met in an open markup 
session on April 16, 2012, and forwarded the Committee Print, 
as amended, to the full Committee.
    H.R. 4471 was introduced by Mr. Whitfield on April 23, 
2012, and referred to the Committee on Energy and Commerce. 
H.R. 4471 was substantially similar to the Committee Print 
considered by the Subcommittee.
    On May 16 and 17, 2012, the Committee on Energy and 
Commerce met in an open markup session and ordered H.R. 4471 
favorably reported to the House, without amendment, by a roll 
call vote of 28 yeas and 13 nays.
    On June 6, 2012, the Committee on Energy and Commerce 
reported H.R. 4471 to the House (H. Rept. 112-519), and the 
bill was placed on the Union Calendar (Calendar No. 366).

                Strategic Energy Production Act of 2012


                              (H.R. 4480)

    To provide for the development of a plan to increase oil 
and gas exploration, development, and production under oil and 
gas leases of Federal lands under the jurisdiction of the 
Secretary of Agriculture, the Secretary of Energy, the 
Secretary of the Interior, and the Secretary of Defense in 
response to a drawdown of petroleum reserves from the Strategic 
Petroleum Reserve.

Summary

    H.R. 4480 directs the Secretary of Energy (in consultation 
with the Secretaries of Agriculture, Interior, and Defense), 
upon the first drawdown from the Strategic Petroleum Reserve, 
to establish a plan to increase the percentage of Federal lands 
and waters leased for oil and gas development.

Legislative History

    On March 28, 2012, the Subcommittee on Energy and Power 
held a hearing entitled ``The American Energy Initiative'' 
which focused on draft legislation, including the Committee 
Print entitled the ``Strategic Energy Production Act of 2012.''
    The Subcommittee on Energy and Power met in an open markup 
session on April 16, 2012, and forwarded the Committee Print, 
as amended, to the full Committee.
    H.R. 4480 was introduced by Mr. Gardner on April 24, 2012, 
and referred to the Committee on Energy and Commerce, the 
Committee on Natural Resources, the Committee on Agriculture, 
and the Committee on Armed Services. On April 27, 2012, the 
Committee on Energy and Commerce referred H.R. 4480 to the 
Subcommittee on Energy and Power. H.R. 4480 was substantially 
similar to the Committee Print considered by the Subcommittee.
    On May 16 and 17, 2012, the Committee on Energy and 
Commerce met in an open markup session and ordered H.R. 4480 
favorably reported to the House, as amended, by a roll call 
vote of 31 yeas and 16 nays.
    On June 8, 2012, the Committee on Energy and Commerce 
reported H.R. 4480 to the House (H. Rept. 112-520, Part I), and 
the bill was placed on the Union Calendar (Calendar No. 367).

                          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 of riots and political 
upheaval in North Africa and the Middle East 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 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.

          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 Subcommittee received testimony from a 
Professor Emeritus of Scripps Institution of Oceanography at 
the University of California at San Diego, the Director of 
Earth System Science Center at the University of Alabama in 
Huntsville, the Director of the Department of Global Ecology at 
the Carnegie Institution of Washington, a Senior Research 
Scientist of the Cooperative Institute for Research in 
Environmental Sciences at the University of Colorado at 
Boulder, the Director of the Department of Pacific Climate 
Impacts Consortium at the University of Victoria, the Director 
of the University of Michigan Biological Station, and a 
Professor Emeritus at the Uniformed Services University of 
Health Sciences.

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

    On March 11, 2011, the Subcommittee 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 fiscal year 2012. The purpose of the 
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 was Lisa P. Jackson, the EPA Administrator.

   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 fiscal year 2012 Department of Energy and the 
Nuclear Regulatory Commission budgets. The purpose of the 
hearing was to evaluate the proposed budgets, current 
priorities, and current programs and initiatives of the 
Department of Energy and the 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.

     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.'' The 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.

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. The purpose of the hearing was to examine EPA's 
implementation of current and potential 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, 
Texas Public Policy Foundation, and the East Harris County 
Manufacturers Association.

   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. The 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.

 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 
as well as the public health and environmental costs and 
benefits of the rules. 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.

             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. 
The 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.

            The American Energy Initiative: Pipeline Safety

    On June 16, 2011, the Subcommittee on Energy and Power held 
a hearing entitled, ``The American Energy Initiative,'' which 
focused on pipeline safety. The Subcommittee received testimony 
from the Administrator of the Pipeline and Hazardous Material 
Safety Administration at the Department of Transportation and 
other stakeholders.

The American Energy Initiative: EPA Regulations and Reliability of the 
                             Electric Grid

    On September 14, 2011, the Subcommittee on Energy and Power 
held a hearing entitled, ``The American Energy Initiative,'' 
which focused on the potential cumulative effects of the 
Environmental Protection Agency's new and proposed power sector 
regulations on the reliability of the electric grid. The 
Subcommittee received testimony from the Federal Energy 
Regulatory Commission, State officials, and other policy 
experts.

      The American Energy Initiative: Electric Transmission Issues

    On October 13, 2011, the Subcommittee on Energy and Power 
held a hearing entitled ``The American Energy Initiative,'' and 
focused on electric transmission issues, including topics 
related to the siting, planning, and allocation of costs for 
electricity transmission infrastructure. The Subcommittee 
received testimony from the Honorable Jon Wellinghoff, Chairman 
of the Federal Energy Regulatory Commission, a representative 
of the Department of Energy, State officials, and policy 
experts.

        The American Energy Initiative: EPA's Utility MACT Rule

    On Wednesday, February 8, 2012, the Subcommittee on Energy 
and Power held the fifteenth hearing of the ``The American 
Energy Initiative'' series. The hearing focused on what EPA's 
Utility MACT rule will cost U.S. consumers as well as the 
public health and environmental costs and benefits of the rule. 
The Subcommittee received testimony from the Assistant 
Administrator of the Environmental Protection Agency, 
representatives from NERA Economic Consulting, Gerdau Long 
Steel North America, RMB Consulting & Research, Inc., Harvard 
School of Public Health, the Navajo Nation, Evangelical 
Environmental Network, and the Economic Policy Institute.

         The American Energy Initiative: Rising Gasoline Prices

    On Wednesday, March 7, 2012, the Subcommittee on Energy and 
Power held the sixteenth hearing of the ``The American Energy 
Initiative'' series. The hearing focused on rising gasoline 
prices, examining the current market; financial, and 
geopolitical factors that influence the current price of oil; 
the effect of high gasoline prices on U.S. consumers and 
businesses; forecasted trends in the global and U.S. oil 
supply, demand, and price; and, Federal policy solutions to 
mitigate the effects of high gasoline prices. The Subcommittee 
received testimony from the American Petroleum Institute, the 
Rapidan Group, American Fuel & Petrochemical Manufacturers, 
Owner-Operator Independent Drivers Association, the Center for 
American Progress, the Truman National Security Project, and 
the National Association of Convenience Stores.

            The Fiscal Year 2013 Department of Energy Budget

    On Thursday, March 8, 2012, the Subcommittee on Energy and 
Power held a hearing on the U.S. Department of Energy's budget 
for fiscal year 2013. The purpose of the hearing was to examine 
and evaluate funding priorities, major budget changes, planned 
rulemaking, priority science and research, loans and grants, 
management and security, and enforcement activities. The sole 
witness was the Secretary of the U.S. Department of Energy.

 The Future of Energy Technology with an Emphasis on Canadian Oil Sands

    On Tuesday, March 20, 2012, the Subcommittee on Energy and 
Power held a hearing entitled ``The American Energy 
Initiative,'' which focused on the future of energy technology 
with an emphasis on Canadian oil sands. The Subcommittee 
received testimony from various industry experts including the 
Presidents and CEOs of Alberta Innovates--Energy and 
Environment Solutions, N-Solv Corporation, and MEG Energy 
Corporation, a former Director of the Naval Oil Shale Reserve 
with the U.S. Department of Energy, a former Minister of Energy 
of the Province of Alberta, the Policy Director of the Pembina 
Institute, and the Climate & Energy Campaigner for Greenpeace 
Canada.

                             HEARINGS HELD

    Hearing entitled ``H.R. ___, the `Energy Tax Prevention Act 
of 2011.''' (February 9, 2011) Serial Number 112-2.
    Hearing entitled ``The Effects of Middle East Events on 
U.S. Energy Markets.'' (February 10, 2011) Serial Number 112-4.
    Hearing entitled ``EPA's Greenhouse Gas Regulations and 
Their Effect on American Jobs.'' (March 1, 2011) Serial Number 
112-12.
    Hearing entitled ``Climate Science and EPA's Greenhouse Gas 
Regulations.'' (March 8, 2011) Serial Number 112-16.
    Hearing entitled ``The FY2012 EPA Budget.'' (March 11, 
2011) Serial Number 112-19.
    Hearing entitled ``The FY2012 Department of Energy and 
Nuclear Regulatory Commission Budgets.'' (March 16, 2011) 
Serial Number 112-20.
    Hearing entitled ``The American Energy Initiative (Day 1): 
Oil Supplies, Gasoline Prices, and Jobs in the Gulf of 
Mexico.'' (March 17, 2011) Serial Number 112-22.
    Hearing entitled ``EPA's Greenhouse Gas and Clean Air Act 
Regulations: A Focus on Texas' Economy, Energy Prices and 
Jobs.'' (March 24, 2011) Serial Number 112-26.
    Hearing entitled ``The American Energy Initiative (Day 2): 
China's Energy Portfolio and the Implications for Jobs and 
Energy Prices in the United States.'' (April 4, 2011) Serial 
Number 112-31.
    Hearing entitled ``The American Energy Initiative (Day 3): 
H.R. ___, a Discussion Draft of the `Transparency in Regulatory 
Analysis of Impacts on the Nation Act of 2011.''' (April 7, 
2011) Serial Number 112-35.
    Hearing entitled ``The American Energy Initiative (Day 4): 
Discussion Draft of H.R. ___, the `Jobs and Energy Permitting 
Act of 2011.''' (April 13, 2011) Serial Number 112-37.
    Hearing entitled ``The American Energy Initiative (Day 5): 
Recent EPA Rulemakings Relating to Boilers, Cement 
Manufacturing Plants, and Utilities.'' (April 15, 2011) Serial 
Number 112-41.
    Hearing entitled ``The Role of the Nuclear Regulatory 
Commission in America's Energy Future.'' (May 4, 2011) Serial 
Number 112-43.
    Hearing entitled ``The American Energy Initiative (Day 6): 
Overview of the Challenges and Opportunities for Alternative 
Transportation Fuels and Vehicles.'' (May 5, 2011) Serial 
Number 112-45.
    Hearing entitled ``The American Energy Initiative (Day 7): 
Discussion Draft of H.R. ___, the `Jobs and Energy Permitting 
Act of 2011.''' (May 13, 2011) Serial Number 112-47.
    Hearing entitled ``The American Energy Initiative (Day 8): 
Discussion Draft of H.R. ___, the `North American Made Energy 
Security Act of 2011.''' (May 23, 2011) Serial Number 112-49.
    Hearing entitled ``Protecting the Electric Grid: H.R. ___, 
the `Grid Reliability and Infrastructure Defense Act.''' (May 
31, 2011) Serial Number 112-52.
    Hearing entitled ``The American Energy Initiative (Day 9): 
H.R. 909, `Roadmap for America's Energy Future.''' (June 3, 
2011) Serial Number 112-57.
    Hearing entitled ``H.R. 2054, the `Energy and Revenue 
Enrichment Act of 2011.''' (June 13, 2011) Serial Number 112-
59.
    Hearing entitled ``The American Energy Initiative (Day 10): 
Pipeline Safety Oversight.'' (June 16, 2011) Serial Number 112-
63.
    Hearing entitled ``The American Energy Initiative (Day 11): 
a Discussion Draft of H.R. ___, the `Pipeline Infrastructure 
and Community Protection Act of 2011.''' (July 15, 2011) Serial 
Number 112-77A.
    Hearing entitled ``The American Energy Initiative (Day 11): 
a Discussion Draft of H.R. ___, the `Pipeline Infrastructure 
and Community Protection Act of 2011.''' (July 21, 2011) Serial 
Number 112-77B.
    Hearing entitled ``H.R. 2250, the `EPA Regulatory Relief 
Act of 2011,' and H.R. 2681, the `Cement Sector Regulatory 
Relief Act of 2011.''' (September 8, 2011) Serial Number 112-
82.
    Hearing entitled ``The American Energy Initiative (Day 12): 
the Impacts of the Environmental Protection Agency's New and 
Proposed Power Sector Regulations on Electric Reliability.'' 
(September 14, 2011) Serial Number 112-83.
    Hearing entitled ``The American Energy Initiative (Day 13): 
Electric Transmission Issues, Including Topics Related to the 
Siting, Planning, and Allocation of Costs for Electricity 
Transmission Infrastructure.'' (October 13, 2011) Serial Number 
112-97.
    Hearing entitled ``H.R. 1633, the `Farm Dust Regulation 
Prevention Act of 2011.''' (October 25, 2011) Serial Number 
112-99.
    Hearing entitled ``The American Energy Initiative (Day 14): 
Expediting the Keystone XL Pipeline; Energy Security and 
Jobs.'' (December 2, 2011) Serial Number 112-106.
    Hearing entitled ``American Jobs Now: A Legislative Hearing 
on H.R. 3548, the North American Energy Access Act (Day 1).'' 
(January 25, 2012) Serial Number 112-108A.
    Hearing entitled ``American Jobs Now: A Legislative Hearing 
on H.R. 3548, the `North American Energy Access Act' (Day 2).'' 
(February 3, 2012) Serial Number 112-108B.
    Hearing entitled ``The American Energy Initiative (Day 15): 
What EPA's Utility MACT Rule Will Cost U.S. Consumers.'' 
(February 8, 2012) Serial Number 112-113.
    Hearing entitled ``The FY 2013 EPA Budget.'' (February 28, 
2012) Serial Number 112-119.
    Hearing entitled ``The American Energy Initiative (Day 16): 
Rising Gasoline Prices.'' (March 7, 2012) Serial Number 112-
124.
    Hearing entitled ``The FY 2013 DOE Budget.'' (March 8, 
2012) Serial Number 112-124.
    Hearing entitled ``The American Energy Initiative (Day 17): 
the Future of Energy Technology with an Emphasis on Canadian 
Oil Sands.'' (March 20, 2012) Serial Number 112-128.
    Hearing entitled ``The American Energy Initiative (Day 18): 
a discussion draft of H.R. ___, the `Gasoline Regulations Act 
of 2012;' and of H.R. ___, the `Strategic Energy Production Act 
of 2012.''' (March 28, 2012) Serial Number 112-133.
    Hearing entitled ``The American Energy Initiative (Day 19): 
H.R. 4273, the `Resolving Environmental and Grid Reliability 
Conflicts Act of 2012;' and H.R. ___, the `Hydropower 
Regulatory Efficiency Act of 2012.''' (May 9, 2012) Serial 
Number 112-141.
              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,
JOHN D. DINGELL, Michigan,             Washington
  (Ex Officio--non voting)           GREGG HARPER, Mississippi
HENRY A. WAXMAN, California          BILL CASSIDY, Louisiana
  (Ex Officio)                       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 the security of facilities 
with chemicals of interest, and requiring vulnerability 
assessments and the development and implementation of site 
security plans for such facilities.

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, and the 
Subcommittee held a legislative hearing on the bill on March 
31, 2011. The Subcommittee received testimony from the 
Department of Homeland Security, the National Association of 
Chemical Distributors, the American Coatings Association, the 
Society of Chemical Manufacturers and Affiliates, and the Blue-
Green Alliance.
    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 Committee on Energy and 
Commerce met in open markup session and ordered H.R. 908 
favorably reported to the House, as amended, by a roll call 
vote of 33 yeas and 16 nays.
    On September 19, 2011, the Committee on Energy and Commerce 
reported H.R. 908 to the House (H. Rept. 112-211), and the bill 
was placed on the Union Calendar (Calendar No. 139).

 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 and Territorial Solid Waste Management 
Officials, the American Coal Ash Association, Gradient, Veritas 
Economic Consulting, Earthjustice, and a private citizen.
    On June 16, 2011, the Subcommittee on Environment and the 
Economy met in open markup session to consider H.R. 1391, and 
the Subcommittee immediately recessed until June 21, 2011, when 
it considered H.R. 2273, which is similar to H.R. 1391.
    For further information, see H.R. 2273.

                Coal Residuals Reuse and Management Act


                              (H.R. 2273)

    To amend subtitle D of the Solid Waste Disposal Act to 
facilitate recovery and beneficial use, and provide for the 
proper management and disposal, of materials generated by the 
combustion of coal and other fossil fuels.

Summary

    H.R. 2273 would replace current EPA regulatory options 
under the Solid Waste Disposal Act with authority for States to 
adopt and implement coal combustion residual permit programs 
subject to standards set out in H.R. 2273.

Legislative History

    On April 6, 2011, Mr. McKinley (WV), introduced H.R. 1391, 
the ``Recycling Coal Combustion Residuals Accessibility Act of 
2011,'' (the precursor to H.R. 2273). On April 6, 2011, the 
bill was referred to the Committee on Energy and Commerce, and 
referred to the Subcommittee on Environment and the Economy.
    On April 14, 2011, the Subcommittee on Environment and the 
Economy held a legislative hearing on the bill.
    On June 16, 2011, the Subcommittee on Environment and the 
Economy met in open markup session to consider H.R. 1391. The 
bill was not called up, and the Subcommittee immediately 
recessed.
    On June 21, 2011, the Subcommittee on Environment and the 
Economy met in open markup session and forwarded a Committee 
Print entitled the ``Coal Residuals Reuse and Management Act,'' 
without amendment, to the full Committee.
    On June 22, 2011, H.R. 2273, the ``Coal Residuals Reuse and 
Management Act'' was introduced by Mr. McKinley (WV), and 
referred to the Committee on Energy and Commerce. On June 22, 
2011, the Committee on Energy and Commerce referred the bill to 
the Subcommittee on Environment and the Economy.
    On July 11, 12, and 13, 2011, the Committee on Energy and 
Commerce met in open markup session and ordered H.R. 2273 
reported to the House, as amended, by a roll call vote of 35 
yeas and 12 nays. On September 26, 2011, the Committee on 
Energy and Commerce reported H.R. 2273 to the House (H. Rept. 
112-226), and the bill was placed on the Union Calendar 
(Calendar No. 147).
    On October 14, 2011, H.R. 2273 was considered in the House 
pursuant to H. Res. 431, and the bill was passed by a roll call 
vote of 267 yeas and 144 nays (Roll Call No. 800).
    On October 17, 2011, H.R. 2273 was received in the Senate, 
read the first time, and placed on Senate Legislative Calendar 
under Read the First Time. On October 18, 2011, H.R. 2273 was 
read the second time and placed on Senate Legislative Calendar 
under General Orders (Calendar No. 202).
    The provisions of H.R. 2273 are identical to the text of 
Mr. McKinley's amendment (H. Amdt. 1015), which was adopted by 
a voice vote during consideration of H.R. 4348, the ``Surface 
Transportation Extension Act of 2012, Part II,'' on April 18, 
2012.
    H.R. 4348 was introduced by Mr. Mica on April 16, 2012, and 
referred to the Committee on Transportation and Infrastructure, 
and in addition to the Committee on Ways and Means, the 
Committee on Natural Resources, the Committee on Science, 
Space, and Technology, and the Committee on Energy and 
Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as 
fall within the jurisdiction of the committee concerned.
    On April 18, 2012, H.R. 4348 was considered in the House 
pursuant to the provisions of H. Res. 619, and the bill was 
passed, as amended, by a roll call vote of 293 yeas and 127 
nays (Roll Call No. 170).
    On April 18, 2012, H.R. 4348 was received in the Senate, 
and on April 24, 2012, the Senate passed the bill, as amended, 
by unanimous consent. The Senate insisted upon its amendment, 
asked for a conference, appointed the following conferees, Sen. 
Boxer, Sen. Baucus, Sen. Rockefeller, Sen. Durbin, Sen. Johnson 
(SD), Sen. Schumer, Sen. Nelson (FL), Sen. Menendez, Sen. 
Inhofe, Sen. Vitter, Sen. Hatch, Sen. Shelby, Sen. Hutchison, 
and Sen. Hoeven, and sent a message on Senate action to the 
House.
    On April 25, 2012, the House disagreed to the Senate 
amendment, agreed to a conference by unanimous consent, and the 
Speaker appointed conferees. From the Committee on Energy and 
Commerce, the Speaker appointed Mr. Upton, Mr. Whitfield, and 
Mr. Waxman for consideration of section 142 and Title II and 
Title V of the House bill, and sections 1113, 1201, 1202, 
subtitles B, C, D, and E of Title I of Division C, sections 
32701-32705, 32710, 32713, 40101, and 40301 of the Senate 
amendment, and modifications committed to conference.

                          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.'' The Subcommittee examined the impact 
of rules issued by the Environmental Protection Agency under 
President Obama. Regulatory and economic experts as well as 
representatives from business associations, affected companies, 
and a law professor were heard.

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

    On March 11, 2011, the Subcommittee on Environment and the 
Economy and the Subcommittees on Energy and Power held a joint 
oversight hearing on the Environmental Protection Agency's 
(EPA) proposed budget for fiscal year 2012. The purpose of the 
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 was Lisa P. Jackson, the EPA Administrator.

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

    On March 16, 2011, the Subcommittee on Environment and the 
Economy and the Subcommittees on Energy and Power held a joint 
hearing on the fiscal year 2012 Department of Energy and 
Nuclear Regulatory Commission Budgets. The purpose of the 
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.

   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.

 The Department of Energy's Role in Managing Civilian Radioactive Waste

    On June 1, 2011, the Subcommittee on Environment and the 
Economy held a hearing entitled ``The Department of Energy's 
Role in Managing Civilian Radioactive Waste.'' The hearing 
focused on the Department of Energy's decision to withdraw its 
license application for the construction of the Yucca Mountain 
high-level nuclear waste repository program and the effects of 
that decision. Federal, State, and local officials were heard.

NRC Chairman's Unilateral Decision to Terminate NRC's Review of the DOE 
             Yucca Mountain Repository License Application

    On June, 14, 2011, the Subcommittee on Environment and 
Economy held a hearing entitled ``NRC Chairman's Unilateral 
Decision to Terminate NRC's Review of the DOE Yucca Mountain 
Repository License Application.'' The purpose of the hearing 
was to investigate issues related to the Nuclear Regulatory 
Commission's (NRC) review of the Department of Energy's license 
application to build the Yucca Mountain Repository. The 
Subcommittee received testimony from NRC Inspector General, who 
was accompanied by the NRC Assistant Inspector General for 
Investigations and a Senior Level Assistant for Investigative 
Operations.

  NRC Repository Safety Division--Staff Perspective on Yucca License 
                                 Review

    On June 24, 2011, the Subcommittee on Environment and the 
Economy conducted a hearing entitled ``NRC Repository Safety 
Division--Staff Perspective on Yucca License Review.'' The 
hearing focused on the views of the Nuclear Regulatory 
Commission (NRC) staff members that were responsible for 
conducting the safety evaluation and technical reviews of the 
license application for the Yucca Mountain Repository. The 
Subcommittee received testimony from NRC staff members within 
the Division of High-Level Waste Repository Safety and the 
Office of Nuclear Material Safety and Safeguards.

Regulatory Chaos: Finding Legislative Solutions to Benefit Jobs and the 
                                Economy

    On July 14, 2011, the Subcommittee on Environment and the 
Economy held a hearing entitled ``Regulatory Chaos: Finding 
Legislative Solutions to Benefit Jobs and the Economy.'' The 
purpose of the hearing was to review issues related regulation 
and regulatory reform. The Subcommittee received testimony from 
the U.S. Chamber of Commerce, National Association of 
Manufacturers, National Federation of Independent Business 
Legal Center, and the American Farm Bureau Federation.

     Chemical Risk Assessment: What Works for Jobs and the Economy?

    On October 6, 2011, the Subcommittee on Environment and the 
Economy held a hearing entitled ``Chemical Risk Assessment: 
What Works for Jobs and the Economy?'' The hearing explored the 
U.S. Environmental Protection Agency's (EPA) chemical risk 
assessment program--the Integrated Risk Information System 
(IRIS) and its role in the setting of State and Federal 
environmental regulations, as well as its non-regulatory impact 
on commercial markets. Witnesses included representatives from 
the Environmental Protection Agency, the Government 
Accountability Office, the National Academy of Sciences, 
regulatory experts, stakeholders, and public and private sector 
scientists.

  Recommendations of the Blue Ribbon Commission on America's Nuclear 
                                 Future

    On February 1, 2012, the Subcommittee on Environment and 
the Economy held a hearing entitled ``Recommendations of the 
Blue Ribbon Commission on America's Nuclear Future.'' The 
hearing reviewed the findings and recommendations of the Blue 
Ribbon Commission in its January 2012 Report to the Secretary 
of Energy, focusing on the future of America's nuclear waste 
management program. The Subcommittee received testimony from 
the two Co-Chairs of the Blue Ribbon Commission, and experts on 
nuclear issues.

   Evaluating Internal Operation and Implementation of the Chemical 
Facility Anti-Terrorism Standards Program (CFATS) by the Department of 
                           Homeland Security

    On February 3, 2012, the Subcommittee on Environment and 
the Economy held a hearing entitled ``Evaluating Internal 
Operation and Implementation of the Chemical Facility Anti-
Terrorism Standards program (CFATS) by the Department of 
Homeland Security.'' The hearing focused on an internal report 
concerning the implementation and operation of the CFATS 
program by the Department of Homeland Security (DHS). The 
Subcommittee received testimony from two DHS witnesses: the 
Honorable Rand Beers, Under Secretary for the National 
Protection and Programs Directorate (NPPD) and Mr. David Wulf, 
Deputy Director, Infrastructure Security Compliance Division, 
Office of Infrastructure Protection, National Protection and 
Programs Directorate.

                         The FY 2013 EPA Budget

    On February 28, 2012, the Subcommittee on Environment and 
the Economy held a hearing entitled ``The FY 2013 EPA Budget.'' 
The hearing focused on examining the Environmental Protection 
Agency's (EPA) fiscal year 2013 Budget. The Subcommittee 
received testimony from the Administrator of the EPA.

                             HEARINGS HELD

    Hearing entitled ``Environmental Regulations, the Economy, 
and Jobs.'' (February 15, 2011) Serial Number 112-6.
    Hearing entitled ``The FY2012 EPA Budget.'' (March 11, 
2011) Serial Number 112-19.
    Hearing entitled ``The FY2012 Department of Energy and 
Nuclear Regulatory Commission Budgets.'' (March 16, 2011) 
Serial Number 112-20.
    Hearing entitled ``H.R. 908, a bill to extend the authority 
of the Secretary of Homeland Security to maintain the Chemical 
Facility Anti-Terrorism Standards Program.'' (March 31, 2011) 
Serial Number 112-28.
    Hearing entitled ``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).'' (April 14, 2011) Serial Number 112-40.
    Hearing entitled ``The Role of the Nuclear Regulatory 
Commission in America's Energy Future.'' (May 4, 2011) Serial 
Number 112-43.
    Hearing entitled ``The Department of Energy's Role in 
Managing Civilian Radioactive Waste.'' (June 1, 2011) Serial 
Number 112-54.
    Hearing entitled ``The NRC Inspector General Report on the 
`NRC Chairman's Unilateral Decision to Terminate NRC's Review 
of the DOE Yucca Mountain Repository License Application.''' 
(June 14, 2011) Serial Number 112-61.
    Hearing entitled ``NRC Repository Safety Division--Staff 
Perspective on Yucca License Review.'' (June 24, 2011) Serial 
Number 112-67.
    Hearing entitled ``Regulatory Chaos: Finding Legislative 
Solutions to Benefit Jobs and the Economy.'' (July 14, 2011) 
Serial Number 112-74.
    Hearing entitled ``Chemical Risk Assessment: What Works for 
Jobs and the Economy?'' (October 6, 2011) Serial Number 112-93.
    Hearing entitled ``Recommendations of the Blue Ribbon 
Commission on America's Nuclear Future.'' (February 1, 2012) 
Serial Number 112-109.
    Hearing entitled ``Evaluating Internal Operation and 
Implementation of the Chemical Facility Anti-Terrorism 
Standards program (CFATS) by the Department of Homeland 
Security.'' (February 3, 2012) Serial Number 112-111.
    Hearing entitled ``The FY 2013 EPA Budget.'' (February 28, 
2012) Serial Number 112-119.
    Hearing entitled ``H.R. 4345, The `Domestic Fuels 
Protection Act of 2012.''' (April 19, 2012) Serial Number 112-
138.
                         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
JIM MATHESON, Utah                   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 health care services and 
provide improved medical care by reducing the excessive burden 
the liability system places on the health care delivery system.

Summary

    H.R. 5 sets conditions for lawsuits arising from health 
care liability claims regarding health care goods or services 
or any medical product affecting interstate commerce.

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 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).
    On March 20, 21, and 22, 2012, H.R. 5 was considered in the 
House pursuant to H. Res. 591, and on March 22, 2012, the bill 
was passed by a roll call vote of 223 yeas and 181 nays, 4 
present (Roll Call No. 126).
    On March 22, 2012, H.R. 5 was received in the Senate, read 
the first time, and placed on Senate Legislative Calendar under 
Read the First Time.
    On March 26, 2012, H.R. 5 was read the second time and 
placed on Senate Legislative Calendar under General Orders 
(Calendar No. 353).
    On March 27, 2012, the Senate returned papers to House by 
unanimous consent.
    On March 28, 2012, a message on Senate action was sent to 
the House.
    On March 29, 2012, H.R. 5 was received in the Senate, read 
the first time, and placed on Senate Legislative Calendar under 
Read the First Time.
    On April 16, 2012, H.R. 5 was read the second time and 
placed on Senate Legislative Calendar under General Orders 
(Calendar No. 353).
    For further information, see also H.R. 452.

                            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 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 H.R. 358 to the full 
Committee, as amended, by a roll call 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 roll call 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. On May 20, 2011, the Committee on 
Ways and Means was granted an extension for further 
consideration ending not later than September 9, 2011. On 
September 9, 2011, the Committee on Ways and Means was granted 
an extension for further consideration ending not later than 
September 12, 2011.
    On September 12, 2011, H.R. 358 was discharged by the 
Committee on Ways and Means, and the bill was placed on Union 
Calendar (Calendar No. 133).
    On October 13, 2011, H.R. 358 was considered in the House 
pursuant to the provisions of H. Res. 430 and passed the House 
by a roll call vote of 251 yeas and 172 nays (Roll No. 789).
    On October 17, 2011, H.R. 358 was received in the Senate, 
read twice, and referred to the Committee on Finance.

             Medicare Decisions Accountability Act of 2011


                               (H.R. 452)

    To repeal the provisions of the Patient Protection and 
Affordable Care Act providing for the Independent Payment 
Advisory Board.

Summary

    H.R. 452 repeals sections of the Patient Protection and 
Affordable Care Act (PPACA) and restores provisions of law 
amended by such sections related to the establishment of an 
Independent Payment Advisory Board (IPAB) to develop and submit 
detailed proposals to reduce the per capita rate of growth in 
Medicare spending to the President for Congress to consider. 
The bill does retain requirements for expedited consideration 
of IPAB related proposals to reduce Medicare spending.

Legislative History

    On January 26, 2011, Mr. Roe introduced H.R. 452, which was 
referred to the Committee on Ways and Means, and in addition to 
the Committee on Rules, and the Committee on Energy and 
Commerce.
    On January 27, 2011, the bill was referred to the 
Subcommittee on Health. On February 29, 2012, the Subcommittee 
on Health met in open markup session and forwarded H.R. 452 to 
the full Committee, without amendment, by a roll call vote of 
17 yeas and 5 nays.
    On March 5, 2012, the Committee on Energy and Commerce met 
in open markup session and ordered H.R. 452 to the House, as 
amended, by a voice vote.
    On March 16, 2012, the Committee on Energy and Commerce 
reported H.R. 452 to the House (112-412, Part II), and the bill 
was placed on the Union Calendar (Calendar No. 284).
    H.R. 452 was incorporated into H.R. 5 pursuant to H. Res. 
591.
    For further information, see also H.R. 5.

                  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 
infectious 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 diseases 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 
of these diseases within 12 months, including 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. 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 a 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.

       Fiscal Responsibility and Retirement Security Act of 2011


                              (H.R. 1173)

    To repeal the CLASS program.

Summary

    H.R. 1173 repeals a provision of the Public Health Service 
Act enacted under the Patient Protection and Affordable Care 
Act entitled the ``Community Living Assistance Services and 
Supports Act'' or the ``CLASS Act.''

Legislative History

    H.R. 1173 was introduced by Mr. Boustany, Jr. on March 17, 
2011, and referred to the Committee on Energy and Commerce, and 
in addition to the Committee on Ways and Means.
    On March 28, 2011, the Committee on Energy and Commerce 
referred the bill to the Subcommittee on Health. The 
Subcommittee met in open markup session on November 15, 2011, 
and H.R. 1173 was forwarded to the full Committee, without 
amendment, by a voice vote.
    On November 29, 2011, the Committee on Energy and Commerce 
met in open markup session and ordered H.R. 1173 favorably 
reported to the House, as amended, by a roll call vote of 33 
yeas and 17 nays.
    On December 23, 2011, the Committee on Energy and Commerce 
reported H.R. 1173 to the House, as amended (H. Rept. 112-342, 
Part I). On January 23, 2012, H.R. 1173 was placed on the Union 
Calendar (Calendar No. 253).
    On February 1, 2012, H.R. 1173 was considered in the House 
pursuant to the provisions of H. Res. 522, and the bill was 
passed by a roll call vote of 267 yeas and 159 nays (Roll Call 
No. 18).
    H.R. 1173 was received in the Senate on February 2, 2012. 
On February 27, 2012, H.R. 1173 was read once and placed on 
Senate Legislative Calendar under Read the First Time. On 
February 28, 2012, H.R. 1173 was read the second time and 
placed on Senate Legislative Calendar under General Orders 
(Calendar No. 331).

     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 strikes the unlimited direct appropriation that is 
available until the end of 2014 and rescinds 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 roll call 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 roll call 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 (Roll Call 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).

To Repeal Mandatory Funding for School-Based Health Center Construction


                              (H.R. 1214)

    To repeal mandatory funding for school-based health center 
construction.

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 roll call vote of 14 
yeas and 11 nays.
    The Committee on Energy and Commerce met in open markup 
session on April 5, 2011, and ordered H.R. 1214 favorably 
reported to the House, without amendment, by a roll call 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 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 roll call vote of 235 yeas and 191 nays (Roll Call 
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.

  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 of such Act.

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 on March 29, 2011, and forwarded H.R. 1215 to the full 
Committee, without amendment, by a roll call vote of 15 yeas 
and 11 nays.
    The Committee on Energy and Commerce met in open markup 
session on April 5, 2011, and ordered H.R. 1215 favorably 
reported to the House, without amendment, by a roll call 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).

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 roll call vote of 14 
yeas and 11 nays.
    The Committee on Energy and Commerce met in an open markup 
session on April 5, 2011, and ordered H.R. 1216 favorably 
reported to the House, without amendment, by a roll call 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 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 (Roll Call No. 340).
    On May 26, 2011, H.R. 1216 was received in the Senate, read 
twice, and referred to the Committee on Health, Education, 
Labor, and Pensions.

         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 roll call 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 roll call vote of 236 yeas and 183 nays (Roll Call 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.

                   Synthetic Drug Control Act of 2011


                              (H.R. 1254)

    To amend the Controlled Substances Act to place synthetic 
drugs in Schedule I.

Summary

    H.R. 1254 amends the Controlled Substances Act to add 
synthetic drugs that imitate the hallucinogenic or stimulant 
properties of drugs like marijuana, cocaine, or 
methamphetamines to the list of Schedule I controlled 
substances. In addition, H.R. 1254 enhances the authority of 
the Drug Enforcement Administration to temporarily schedule new 
substances.

Legislative History

    On March 30, 2011, H.R. 1254 was introduced by Mr. Dent and 
referred to the Committee on Energy and Commerce, and in 
addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the 
jurisdiction of the committee concerned.
    On April 7, 2011, the Committee on Energy and Commerce 
referred H.R. 1254 to the Subcommittee on Health.
    On July 21, 2011, the Subcommittee on Health held a hearing 
entitled ``Legislative Hearing to Address Bioterrorism, 
Controlled Substances and Public Health Issues,'' during which 
it considered H.R. 1254.
    On July 26, 2011, the Subcommittee on Health met in open 
markup session, and H.R. 1254 was forwarded to the full 
Committee, as amended, by a voice vote.
    On July 28, 2011, the Committee on Energy and Commerce met 
in open markup session, and H.R. 1254 was ordered reported to 
the House, as amended, by a voice vote.
    On November 22, 2011, the Committee on Energy and Commerce 
and the Committee on the Judiciary reported H.R. 1254 to the 
House (H. Rept. 112-291, Part I and Part II, respectively), and 
the bill was placed on the Union Calendar (Calendar No. 47).
    On December 8, 2011, H.R. 1254 was considered in the House 
under suspension of the Rules and passed the House by a roll 
call vote of 317 yeas to 98 nays (Roll Call No. 904).
    H.R. 1254 was received in the Senate, read twice, and 
referred to the Committee on the Judiciary.

                         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 Patient Protection and Affordable Care 
Act (PPACA) and the American Recovery and Reinvestment Act of 
2009 (ARRA) to repeal certain State Medicaid and State 
Children's Health Insurance Program (CHIP) maintenance of 
effort requirements under Title XIX and Title XXI of the Social 
Security Act.

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 roll call vote of 14 yeas 
and 9 nays.
    H.R. 1683 is substantially similar to provisions included 
in Title I, ``Repeal of Certain ACA Funding Provisions'' of the 
Committee on Energy and Commerce's Reconciliation 
Recommendations submitted to the Committee on the Budget, and 
which were included in Title II of H.R. 5652.
    For further information, see also the Proposed Matter for 
Inclusion in Reconciliation Recommendations.

         The Children's Hospital GME Support Authorization Act 
                                of 2011


                               (H.R.1852)

    To amend the Public Health Service Act to reauthorize 
support for graduate medical education programs in children's 
hospitals.

Summary

    H.R. 1852 reauthorizes the Children's Hospital Graduate 
Medical Education program through 2016 to provide freestanding 
children's hospitals with Federal support for direct and 
indirect expenses associated with operating medical residency 
training programs.

Legislative History

    H.R. 1852 was introduced by Mr. Pitts on May, 11, 2011, and 
referred to the Committee on Energy and Commerce.
    On May 13, 2011, the bill was referred to the Subcommittee 
on Health. On July 26, 2011, the Subcommittee on Health met in 
open markup session and forwarded H.R. 1852 to the full 
Committee, without amendment, by a voice vote.
    On July 28, 2011, the Committee on Energy and Commerce met 
in open markup session and ordered H.R. 1852 reported to the 
House, without amendment, by a voice vote.
    On September 12, 2011, the Committee on Energy and Commerce 
reported H.R. 1852 to the House (H. Rept. 112-205), and the 
bill was placed on the Union Calendar (Calendar No. 132).
    On September 20, 2011, H.R. 1852 was considered under 
suspension of the Rules and passed the House by a voice vote.
    On September 21, 2011, H.R. 1852 was received in the 
Senate, read twice, and placed on Senate Legislative Calendar 
under General Orders (Calendar No. 175).

              Combating Autism Reauthorization Act of 2011


                              (H.R. 2005)

    To Reauthorize the Combating Autism Act of 2006.

Summary

    The bill amends the Public Health Service Act to extend and 
reauthorize the surveillance and research program for autism 
spectrum disorders and other developmental disabilities.

Legislative History

    On May 26, 2011, Mr. Smith (NJ) introduced H.R. 2005, which 
was referred to the Committee on Energy and Commerce.
    On June 3, 2011, H.R. 2005 was referred to the Subcommittee 
on Health, and on July 11, 2011, the Subcommittee on Health 
held a legislative hearing on the bill.
    On September 20, 2011, H.R. 2005 was considered in the 
House under suspension of the Rules, and the bill passed the 
House by a voice vote.
    On September 21, 2011, H.R. 2005 was received in the 
Senate, read twice, and placed on the Senate Legislative 
Calendar under General Orders (Calendar No. 174). On September 
26, 2011, the bill passed the Senate by a voice vote.
    H.R. 2005 was presented to the President on September 29, 
2011, and the President signed the bill on September 30, 2011 
(Public Law 112-32).

   Pandemic and All-Hazards Preparedness Reauthorization Act of 2011


                              (H.R. 2405)

    To reauthorize certain provisions of the Public Health 
Service Act and the Federal Food, Drug, and Cosmetic Act 
relating to public health preparedness and countermeasure 
development, and for other purposes.

Summary

    H.R. 2405 amends the Public Health Service Act to 
reauthorize appropriations for public health preparedness 
activities, including activities related to tracking the 
initial distribution of Federally purchased influenza vaccine 
in an influenza pandemic, State and local public health and 
medical preparedness and response, improving hospital surge 
capacity, expanding the capabilities of the Assistant Secretary 
for Preparedness and Response to respond effectively to 
bioterrorism and other public health emergencies, and the 
operations of the National Disaster Medical System.

Legislative History

    Mr. Rogers (MI) introduced H.R. 2405 on June 28, 2011, 
which was referred to the Committee on Energy and Commerce. On 
July 6, 2011, the bill was referred to the Subcommittee on 
Health.
    On July 21, 2011, the Subcommittee on Health held a hearing 
on H.R. 2405. On July 26, 2011, the Subcommittee met in open 
markup session, and H.R. 2405 was forwarded to the full 
Committee, as amended, by a voice vote.
    On July 28, 2011, the Committee on Energy and Commerce met 
in open markup session, and ordered H.R. 2405 favorably 
reported to the House, as amended, by a voice vote.
    On November 16, 2011, the Committee Energy and Commerce 
reported H.R. 2405 to the House (H. Rept. 112-286), and the 
bill was placed on the Union Calendar (Calendar No. 189).
    On December 6, 2011, H.R. 2405 was considered in the House 
under suspension of the Rules, and passed the House by a voice 
vote.
    On December 7, 2011, H.R. 2405 was received in the Senate, 
read twice, and referred to the Committee on Health, Education, 
Labor, and Pensions.

          Middle Class Tax Relief and Job Creation Act of 2011


                              (H.R. 3630)

    To provide incentives for the creation of jobs, and for 
other purposes.

Summary

    Section 3003 of the bill (Medicare Physician Payment Rates) 
would prevent a 27.4 percent cut in Medicare physician payment 
rates slated to begin on January 1, 2012, and instead increase 
payment rates by 1 percent in 2012 and again in 2013. During 
this period, the Medicare Payment Advisory Commission (MedPAC), 
Government Accountability Office (GAO), and Department of 
Health and Human Services (HHS) are required to submit reports 
to Congress to assist in the development of a long-term 
replacement to the current Medicare physician payment system. 
The provision also directs the Committee on Ways and Means, the 
Committee on Energy and Commerce, and the Committee on 
Financial Services to study and review this issue during the 
112th Congress and, as part of that process, to solicit input 
from key stakeholders.
    Sections 3101 extends the Qualifying Individual Program 
through December 31, 2012, and provides States with 100 percent 
Federal funding for the payment of Medicare Part B premiums for 
low-income qualifying individuals. Section 3102 extends the 
Transitional Medicaid Assistance program through December 31, 
2012, and provides States with a capped funding amount to 
continue Medicaid coverage for low-income families with 
children as they transition to employment.
    The bill includes several health care offsets to cover the 
extenders, including, but not limited to, a rebasing of the 
Disproportionate Share Hospitals payments and a technical 
correction to the disaster recovery Federal match payments to 
States.

Legislative History

    On December 9, 2011, H.R. 3630 was introduced by Mr. Camp 
and referred to the Committee on Ways and Means, the Committee 
on Energy and Commerce, the Committee on Financial Services, 
the Committee on Foreign Affairs, the Committee on 
Transportation and Infrastructure, the Committee on 
Agriculture, the Committee on Oversight and Government Reform, 
the Committee on House Administration, the Committee on Budget, 
the Committee on Natural Resources, the Committee on Rules, and 
the Committee on Intelligence.
    On December 13, 2011, H.R. 3630 was considered in the House 
pursuant to the provisions of H. Res. 491, and passed the House 
by a rollcall vote of 234 yeas and 193 nays (Roll Call No. 
923).
    On December 13, 2011, H.R. 3630 was read the first time, 
and ordered placed on the Senate Legislative Calendar under 
Read the First Time. On December 14, 2011, the bill was 
received in the Senate, read the second time, and placed on 
Senate Legislative Calendar under General Orders (Calendar No. 
257).
    On December 17, 2011, H.R. 3630 passed the Senate with an 
amendment by unanimous consent.
    On December 20, 2011, the House adopted a motion to 
disagree to the Senate amendment and requested a conference 
with the Senate by a roll call vote of 229 yeas and 193 nays 
(Roll Call No. 946), and the Speaker appointed the following 
conferees, Mr. Camp, Mr. Upton, Mr. Brady (TX), Mr. Walden, Mr. 
Price (GA), Mr. Reed, Mrs. Ellmers, and Mrs. Hayworth.
    On December 23, 2011 the Speaker appointed additional 
conferees, including Mr. Levin, Mr. Becerra, Mr. Van Hollen, 
Mrs. Schwartz, and Mr. Waxman.
    On December 23, 2011, the Senate insisted upon its 
amendments and agreed to the House's request to go to 
conference, and on January 3, 2012, the Senate appointed 
conferees, including Sen. Baucus, Sen. Reed, Sen. Cardin, Sen. 
Casey, Sen. Kyl, Sen. Crapo, and Sen. Barrasso.
    The conference met on February 2 and 7, 2012. The 
conference report (H. Rpt. 112-399) was filed on February 16, 
2012.
    On February 17, 2012, the conference report was considered 
in the House pursuant to the provisions of H. Res. 554, and the 
conference report was agreed to by a roll call vote of 293 yeas 
and 132 nays (Roll Call No. 72).
    The Senate agreed to the conference report by a roll call 
vote of 60 yeas and 36 nays (Roll Call No. 22).
    On February 22, 2012, H.R. 3639 was presented to and signed 
by the President, and the bill became Public Law 112-96.

          The Food and Drug Administration Reform Act of 2012


                              (H.R. 5651)

    To amend the Federal Food, Drug, and Cosmetic Act to revise 
and extend the user-fee programs for prescription drugs and for 
medical devices, to establish user-fee programs for generic 
drugs and biosimilars, and for other purposes.

Summary

    H.R. 5651 reauthorizes the prescription drug user fee and 
medical device user fee, authorizes a generic drug user fee and 
biosimilar user fee, reauthorizes the Best Pharmaceuticals for 
Children Act and the Pediatric Research Equity Act, institutes 
reforms at the Food and Drug Administration (FDA) to improve 
the predictability, consistency, and transparency of its 
regulation of drugs and devices, and establishes policies to 
address the drug shortage crisis.

Legislative History

    On April 18, 2012, the Subcommittee on Health held a 
legislative hearing on a Committee Print entitled ``The Food 
and Drug Administration Reform Act of 2012.''
    On May 8, 2012 the Subcommittee on Health met in open 
markup session to consider the Committee Print, which was 
forwarded to the full Committee, as amended, by a voice vote.
    H.R. 5651 was introduced by Mr. Upton on May 9, 2012, and 
referred to the Committee on Energy and Commerce.
    On May 9 and 10, 2012, the Committee on Energy and Commerce 
met in open markup session and ordered H.R. 5651 favorably 
reported to the House, without amendment, by a roll call vote 
of 46 yeas and 0 nays.
    On May 25, 2012, the Committee on Energy and Commerce 
reported H.R. 5654 to the House, without amendment (H. Rept. 
112-495), and the bill was placed on the Union Calendar 
(Calendar No. 348).
    On May 30, 2012, H.R. 5651 was considered in the House 
under suspension of the Rules and passed by a roll call vote of 
387 yeas and 5 nays (Roll No. 294).
    On June 4, 2012, H.R. 5651 was received in the Senate, read 
for the first time, and placed on the Senate Legislative 
Calendar under General Orders (Calendar No. 420).

    Proposed Matter for Inclusion in Reconciliation Recommendations

    To provide for recommendations to the House Budget 
Committee in response to reconciliation instructions from a 
Republican-proposed budget, H. Con. Res. 112.

     (TITLE I--REPEAL OF CERTAIN ACA FUNDING PROVISIONS, H.R. 5652)

Summary

    Title I repeals certain Patient Protection and Affordable 
Care Act (PPACA) funding provisions. First, it amends PPACA to 
repeal provisions appropriating funds to the of the Secretary 
of the Department of Health and Human Services (HHS) to award 
grants to States for activities, including planning activities, 
related to establishing an American Health Benefit Exchange. 
The proposal also strikes the unlimited direct appropriation 
that is available until the end of 2014 and rescinds 
unobligated funds.
    Second, Title I amends PPACA to repeal provisions 
establishing and appropriating funds to the Prevention and 
Public Health Fund, which is administered by the Secretary of 
HHS. The proposal 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.
    Finally, Title I amends PPACA to repeal provisions 
appropriating funds for the establishment and operation of the 
Consumer Operated and Oriented Plan (CO-OP). The proposal 
rescinds any unobligated balance appropriated under such 
provisions.

Legislative History

    On April 24 and 25, 2012, the Committee on Energy and 
Commerce met in open markup session to consider the Committee 
Print entitled ``Title I Repeal of Certain ACA Funding 
Provisions.'' The Committee on Energy and Commerce approved the 
Committee Print by a roll call vote of 30 yeas to 22 nays. A 
motion by Mr. Upton to transmit the Reconciliation 
recommendations of the Committee, and all appropriate 
accompanying material including additional, supplemental, or 
dissenting views, to the Committee on the Budget, in order to 
comply with the reconciliation directive included in section 
201(a) of the Concurrent Resolution on the Budget for fiscal 
year 2013, H. Con. Res. 112, and consistent with section 310 of 
the Congressional Budget and Impoundment Control Act of 1974, 
was agreed to by a voice vote.
    Title I was included in H.R. 5652, the Sequester 
Replacement Reconciliation Act of 2012, as ``Title II, Subtitle 
A--Repeal of Certain ACA Funding Provisions and introduced'' on 
May 9, 2012, by Mr. Ryan.
    On May 10, 2012, H.R. 5652 was considered in the House 
pursuant to H. Res. 648, and the bill was passed by a roll call 
vote of 218 yeas and 199 nays, 1 present (Roll Call No. 247).
    On May 14, 2012, H.R. 5652 was received in the Senate, read 
the first time and placed on Senate Legislative Calendar under 
Read the First Time.
    On May 15, 2012, H.R. 5652 was read the second time and 
placed on Senate Legislative Calendar under General Orders 
(Calendar No. 398).

    Proposed Matter for Inclusion in Reconciliation Recommendations

    To provide for recommendations to the House Budget 
Committee in response to reconciliation instructions from a 
Republican-proposed budget, H. Con. Res. 112.

                    (TITLE II--MEDICAID, H.R. 5652)

Summary

    Title II amends Title XIX, Medicaid, of the Social Security 
Act. First, Title II amends Title XIX of the Social Security 
Act to extend the reduction of the threshold level of 
permissible State taxes on health care providers before Federal 
funding to the State for Medicaid is reduced. The proposal 
adjusts the provider tax threshold back to 5.5 percent 
beginning in fiscal year 2013. Second, Title II rebases the 
disproportionate share hospital allotment (DSH) for fiscal year 
2022 to maintain the fiscal year 2021 level of reductions. 
Third, Title II repeals the Maintenance of Effort (MOE) 
provisions prohibiting States from reducing eligibility for 
Medicaid, CHIP, and Title XXI of the Social Security Act, as 
mandated by the Patient Protection and Affordable Care Act 
(PPACA). Fourth, Title II repeals provisions in PPACA that 
increased the Federal medical assistance percentage (FMAP) and 
the cap on Federal Medicaid spending for Puerto Rico, the 
Virgin Islands, Guam, the Northern Mariana Islands, and 
American Samoa. Finally, Title II repeals provisions providing 
bonus payments to States for enrollment and retention programs 
for children covered under Medicaid and CHIP.

Legislative History

    On April 24 and 25, 2012, the Committee on Energy and 
Commerce met in open markup session to consider the Committee 
Print entitled ``Title II--Medicaid.'' The Committee on Energy 
and Commerce approved the Committee Print by a roll call vote 
of 30 yeas to 20 nays. A motion by Mr. Upton to transmit the 
Reconciliation recommendations of the Committee, and all 
appropriate accompanying material including additional, 
supplemental, or dissenting views, to the Committee on the 
Budget, in order to comply with the reconciliation directive 
included in section 201(a) of the Concurrent Resolution on the 
Budget for fiscal year 2013, H. Con. Res. 112, and consistent 
with section 310 of the Congressional Budget and Impoundment 
Control Act of 1974, was agreed to by a voice vote.
    Title II was included in H.R. 5652, the Sequester 
Replacement Reconciliation Act of 2012, as ``Title II, Subtitle 
B--Medicaid'' and introduced on May 9, 2012, by Mr. Ryan.
    On May 10, 2012, H.R. 5652 was considered in the House 
pursuant to H. Res. 648, and the bill was passed by a roll call 
vote of 218 yeas and 199 nays, 1 present (Roll Call No. 247).
    On May 14, 2012, H.R. 5652 was received in the Senate, read 
the first time and placed on Senate Legislative Calendar under 
Read the First Time.
    On May 15, 2012, H.R. 5652 was read the second time and 
placed on Senate Legislative Calendar under General Orders 
(Calendar No. 398).

    Proposed Matter for Inclusion in Reconciliation Recommendations

    To provide for recommendations to the House Budget 
Committee in response to reconciliation instructions from a 
Republican-proposed budget, H. Con. Res. 112.

                (TITLE III--LIABILITY REFORM, H.R. 5652)

Summary

    Title III sets conditions for lawsuits arising from health 
care liability claims regarding health care goods or services 
or any medical product affecting interstate commerce to reduce 
the burden of the medical liability system on the health care 
delivery system.

Legislative History

    On April 24 and 25, 2012, the Committee on Energy and 
Commerce met in open markup session to consider the Committee 
Print entitled ``Title III--Liability Reform.'' The Committee 
on Energy and Commerce approved the Committee Print by a roll 
call vote of 29 yeas to 22 nays. A motion by Mr. Upton to 
transmit the Reconciliation recommendations of the Committee, 
and all appropriate accompanying material including additional, 
supplemental, or dissenting views, to the Committee on the 
Budget, in order to comply with the reconciliation directive 
included in section 201(a) of the Concurrent Resolution on the 
Budget for fiscal year 2013, H. Con. Res. 112, and consistent 
with section 310 of the Congressional Budget and Impoundment 
Control Act of 1974, was agreed to by a voice vote.
    Title III was included in H.R. 5652, the Sequester 
Replacement Reconciliation Act of 2012, as ``Title II, Subtitle 
C--Liability Reform'' and introduced on May 9, 2012, by Mr. 
Ryan.
    On May 10, 2012, H.R. 5652 was considered in the House 
pursuant to H. Res. 648, and the bill was passed by a roll call 
vote of 218 yeas and 199 nays, 1 present (Roll Call No. 247).
    On May 14, 2012, H.R. 5652 was received in the Senate, read 
the first time and placed on Senate Legislative Calendar under 
Read the First Time.
    On May 15, 2012, H.R. 5652 was read the second time and 
placed on Senate Legislative Calendar under General Orders 
(Calendar No. 398).

                          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.

 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.

 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.

          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.

         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 the 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 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''

    On April 6, 2011, the Subcommittee on Health held a hearing 
entitled, ``The Cost of the Medical Liability System and 
Proposals for Reform, including H.R. 5, the Help Efficient, 
Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011.'' 
At the hearing, the Subcommittee examined the nation's medical 
liability system and approaches for reform.

                    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.

     Expanding Health Care Options: 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.

 PPACA's Effects on Maintaining Health Coverage and Jobs: A Review of 
                the Health Care Law's Regulatory Burden

    On June 2, 2011 and June 15, 2011, the Subcommittee on 
Health held a hearing entitled ``PPACA's Effects on Maintaining 
Health Coverage and Jobs: A Review of the Health Care Law's 
Regulatory Burden.'' The purpose of the hearing was to examine 
the impact of rules issued by the Department of Health and 
Human Services to implement the Patient Protection and 
Affordable Care Act (PPACA) and the Health Care and Education 
Reconciliation Act of 2010. The Subcommittee received testimony 
from the Director of the Center for Consumer Information and 
Insurance Oversight, Centers for Medicare and Medicaid 
Services; and other policy experts and stakeholders.

  Dual-Eligibles: Understanding This Vulnerable Population and How To 
                           Improve Their Care

    One June 21, 2011, the Subcommittee on Health held a 
hearing entitled ``Dual-Eligibles: Understanding This 
Vulnerable Population and How to Improve Their Care.'' The 
purpose of the hearing was to inform Members about dual-
eligible beneficiaries and their unique needs, including how 
coverage and access to care for duals is managed across the 
Medicare and Medicaid programs and what barriers exist to fully 
integrate care for this vulnerable and complex patient group so 
that quality is improved and unnecessary costs are eliminated. 
The Subcommittee received testimony from the Centers for 
Medicare and Medicaid Services, Texas Health and Human Services 
Commission, Alzheimer's Association, National Pace Association, 
and Community Care of North Carolina.

            PDUFA V: Medical Innovation, Jobs, and Patients

    On July 7, 2011, the Subcommittee on Health held a hearing 
entitled ``PDUFA V: Medical Innovation, Jobs, and Patients.'' 
The purpose of the hearing was to examine issues expected to be 
discussed as part of the reauthorization of the Prescription 
Drug User Fee Act. The Subcommittee received testimony from the 
Food and Drug Administration, OncoMed Pharmaceuticals 
Incorporation, Warburg Pincus Limited Liability Company, 
National Health Council, Friends of Cancer Research, and the 
Pew Charitable Trusts.

     IPAB: The Controversial Consequences for Medicare and Seniors

    On July 13, 2011, the Subcommittee on Health held a hearing 
entitled ``IPAB: The Controversial Consequences for Medicare 
and Seniors.'' The hearing discussed the structure of the 
Independent Payment Advisory Board (IPAB), the process by which 
the Board will develop proposals to reduce spending in the 
Medicare program, and the process by which the recommendations 
of the Board will become law. The hearing also included a 
discussion of the possible impact of the Board on the Medicare 
program and the overall health care system. Witnesses included 
Senator John Cornyn (TX), Representative Allyson Schwartz (PA-
13), Representative David P. Roe (TN-1), Representative George 
Miller (CA-07), Secretary of the Department of Health and Human 
Services Kathleen Sebelius, researchers from the Congressional 
Research Service, policy analysts, and stakeholders.

   Cutting the Red Tape: Saving Jobs From PPACA's Harmful Regulations

    On September 15, 2011, the Subcommittee on Health held a 
hearing entitled ``Cutting the Red Tape: Saving Jobs from 
PPACA's Harmful Regulations.'' The purpose of the hearing was 
to discuss H.R. 2077, the ``MLR Repeal Act of 2011,'' and draft 
legislation to prevent enforcement of the grandfathered plan 
regulation and preserve the choice of individuals to maintain 
their health coverage. The Subcommittee received testimony from 
the Department of Health and Human Services, the Heritage 
Foundation, Galen Institute, National Association of Health 
Underwriters, the Center for Public Integrity, and the 
Consumers Union.

                Examining the Increase in Drug Shortages

    On September 23, 2011, the Subcommittee on Health held a 
hearing entitled ``Examining the Increase in Drug Shortages.'' 
The hearing examined the causes and effects of drug shortages 
in the U.S. health care system. The Subcommittee heard 
testimony from a representative from the Department of Health 
and Human Services and various stakeholders.

 Impact of Medical Device and Drug Regulation on Innovation, Jobs and 
                     Patients: A Local Perspective

    On September 26, 2011, the Subcommittee on Health held a 
field hearing entitled ``Impact of Medical Device and Drug 
Regulation on Innovation, Jobs and Patients: A Local 
Perspective.'' The Subcommittee investigated how Federal 
regulations are impacting the medical device community. The 
Subcommittee received testimony from the California Healthcare 
Institute, Conatus Pharmaceuticals, Inc., National Venture 
Capital Association, West Wireless Health Institute, BIOCOM, 
CONNECT, and TherOx, Inc.

   Food Marketing: Can ``Voluntary'' Government Restrictions Improve 
                          Children's Health''

    On October 12, 2011, the Subcommittee on Health and the 
Subcommittee on Commerce, Manufacturing and Trade held a joint 
hearing entitled ``Food Marketing: Can ``Voluntary'' Government 
Restrictions Improve Children's Health?'' The hearing 
investigated the document entitled ``Preliminary Proposed 
Nutrition Principles to Guide Industry Self-Regulatory 
Efforts,'' which was issued by the Interagency Working Group. 
The Subcommittees received testimony from representatives of 
the Department of Agriculture, the Federal Trade Commission, 
and stakeholders and policy experts.

  CLASS Cancelled: An Unsustainable Program and Consequences for the 
                            Nation's Deficit

    On October 26, 2011, the Subcommittee on Health and the 
Subcommittee on Oversight and Investigations held a joint 
hearing entitled ``CLASS Cancelled: An Unsustainable Program 
and Its Consequences for the Nation's Deficit.'' The 
Subcommittees examined the intent of the CLASS program and the 
ongoing concerns with the program. The Subcommittees received 
testimony from Representative Dennis R. Rehberg (MT-AL), 
Representative Charles W. Boustany, Jr. (LA-07), Representative 
Theodore E. Deutch (FL-19), former-Representative Patrick J. 
Kennedy (RI), and representatives from the Department of Health 
and Human Services.

  Do New Health Law Mandates Threaten Conscience Rights and Access to 
                                 Care?

    On November 2, 2011, the Subcommittee on Health held a 
hearing entitled, ``Do New Health Law Mandates Threaten 
Conscience Rights and Access to Care?'' The hearing examined 
the August 3, 2011, interim final rule issued by the Department 
of Health and Human Services (HHS), authorized by the Patient 
Protection and Affordable Care Act (PPACA), regarding private 
health plans coverage of contraception for women. The 
Subcommittee heard testimony from various stakeholders.

   Reauthorization of PDUFA: What It Means for Jobs, Innovation and 
                                Patients

    On February 1, 2012, the Subcommittee on Health held a 
hearing entitled ``Reauthorization of PDUFA: What it Means for 
Jobs, Innovation, and Patients.'' The Subcommittee examined 
issues pertaining to the reauthorization of the Prescription 
Drug User Fee Act (PDUFA). The hearing also focused on the 
reauthorization of the Best Pharmaceuticals for Children Act 
(BPCA) and the Pediatric Research Equity Act (PREA) and 
pharmaceutical supply chain issues. The Subcommittee received 
testimony from the Commissioner of the U.S. Food and Drug 
Administration, Pfizer, Inc., California Health Institute, 
Biotechnology Industry Organization, Pharmaceutical Research 
and Manufacturers of America, the Pew Charitable Trusts, 
National Organization for Rare Disorders, and American Academy 
of Pediatrics.

 The Review of the Proposed Generic Drug and Biosimilars User Fees and 
                 Further Examination of Drug Shortages

    On February 9, 2012, the Subcommittee on Health held a 
hearing entitled ``The Review of the Proposed Generic Drug and 
Biosimilars User Fees and Further Examination of Drug 
Shortages.'' The Subcommittee examined issues pertaining to the 
proposed generic and biosimlars user fees and drug shortages. 
The Subcommittee received testimony from the Director of the 
Center for Drug Evaluation and Research at the U.S. Food and 
Drug Administration, Mylan, Inc., Generic Pharmaceutical 
Association, and St. Jude Children's Research Hospital.

   Reauthorization of MDUFA: What It Means for Jobs, Innovation, and 
                                Patients

    On February 15, 2012, the Subcommittee on Health held a 
hearing entitled ``Reauthorization of MDUFA: What it Means for 
Jobs, Innovation, and Patients.'' The Subcommittee examined 
issues pertaining to the reauthorization of the medical device 
user fees. The Subcommittee received testimony from the 
Director of the Center for Devices and Radiological Health at 
the U.S. Food and Drug Administration, Terumo BCT, Philips 
Healthcare, Versant Ventures, Consumers Union, as well as 
industry and medical experts.

         The Fiscal Year 2013 Health and Human Services Budget

    On March 1, 2012, the Subcommittee on Health held a hearing 
entitled ``The FY 2013 HHS Budget.'' The Subcommittee examined 
the President's proposed fiscal year 2013 budget for the 
Department of Health and Human Services. The Subcommittee 
received testimony from the Secretary of the Department of 
Health and Human Services.

FDA User Fees 2012: Hearing on Issues Related To Accelerated Approval, 
  Medical Gas, Antibiotic Development, and Downstream Pharmaceutical 
                              Supply Chain

    On March 8, 2012, the Subcommittee on Health held a hearing 
entitled ``FDA User Fees 2012: Hearing on Issues related to 
Accelerated Approval, Medical Gas, Antibiotic Development, and 
Downstream Pharmaceutical Supply Chain.'' The Subcommittee 
examined issues pertaining to the reauthorization of FDA user 
fees. The Subcommittee received testimony from the Director of 
the Center for Drug Evaluation and Research at the U.S. Food 
and Drug Administration, Alnylam Pharmaceuticals, Friends of 
Cancer Research, Compressed Gas Association, Generic 
Pharmaceutical Association, Healthcare Distribution Management 
Association, National Community Pharmacists Association, the 
Pew Charitable Trusts, and an industry expert.

    A Review of Efforts To Prevent and Treat Traumatic Brain Injury

    On March 19, 2012, the Subcommittee on Health held a 
hearing entitled ``A Review of efforts to Prevent and Treat 
Traumatic Brain Injury.'' The Subcommittee examined the effect 
of Federal, State, and private efforts to prevent and 
effectively treat traumatic brain injury and resulting 
disabilities. The Subcommittee received testimony from the 
Director of the Division of Services for Children with Special 
Health Care Needs of the Health Resources and Services 
Administration at the U.S. Department of Health and Human 
Services, the Director of the New Jersey TBI Division at the 
New Jersey Department of Health, a medical expert, and Brain 
Injury Association of American.

                Examining the Current State of Cosmetics

    On March 27, 2012, the Subcommittee on Health held a 
hearing entitled ``Examining the Current State of Cosmetics.'' 
The Subcommittee evaluated the current state of the cosmetic 
industry. The Subcommittee received testimony from the Director 
of the Center for Food Safety and Applied Nutrition, at the 
U.S. Food and Drug Administration, the Personal Care Products 
Council, Jack Black Skincare, Wholesale Supplies Plus, a 
representative of California Department of Public Health, and 
industry experts.

       FDA User Fees 2012: How Innovation Helps Patients and Jobs

    On April 18, 2012, the Subcommittee on Health held a 
hearing entitled ``FDA User Fees 2012: How Innovation Helps 
Patients and Jobs.'' The Subcommittee examined the impact of 
FDA user fees on patients and jobs. The Subcommittee received 
testimony from the Director of the Center for Drug Evaluation 
and Research at the U.S. Food and Drug Administration, the 
Director of the Center for Devices and Radiological Health at 
the U.S. Food and Drug Administration, Pharmaceutical Research 
and Manufacturers of American, Biotechnology Industry 
Organization, Generic Pharmaceutical Association, Advanced 
Medical Technology Association, and the Pew Charitable Trusts.

  A Review of Efforts To Protect the Health of Jockeys and Horses in 
                              Horseracing

    On April 30, 2012, the Subcommittee on Health held a 
hearing entitled ``A Review of Efforts to Protect the Health of 
Jockeys and Horses in Horseracing.'' The Subcommittee review 
examined the efforts made in the horseracing industry to 
protect jockeys, horses, and the integrity of the sport. The 
Subcommittee received testimony from a Hall of Fame jockey, 
thoroughbred owners, horse trainers, and a veterinarian.

                             HEARINGS HELD

    Hearing entitled ``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.'' 
(February 9, 2011) Serial Number 112-3.
    Hearing entitled ``Impact of Medical Device Regulation on 
Jobs and Patients.'' (February 17, 2011) Serial Number 112-9.
    Hearing entitled ``Administration's Proposed Budget for 
Fiscal Year 2012.'' (March 3, 2011) Serial Number 112-14.
    Hearing entitled ``Setting Fiscal Priorities in Health Care 
Funding.'' (March 9, 2011) Serial Number 112-17.
    Hearing entitled ``The Implementation and Sustainability of 
the New, Government-Administered Community Living Assistance 
Services and Supports (CLASS) Program.'' (March 17, 2011) 
Serial Number 112-23.
    Hearing entitled ``PPACA and Pennsylvania: One Year of 
Broken Promises.'' (March 23, 2011) Serial Number 112-25.
    Hearing entitled ``True Cost of PPACA: Effects on the 
Budget and Jobs.'' (March 30, 2011) Serial Number 112-27.
    Hearing entitled ``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.''' (April 6, 2011) Serial Number 112-33.
    Hearing entitled ``The Need to Move Beyond the SGR.'' (May 
5, 2011) Serial Number 112-46.
    Hearing entitled ``Expanding Health Care Options: Allowing 
Americans to Purchase Affordable Coverage Across State Lines.'' 
(May 25, 2011) Serial Number 112-50.
    Hearing entitled ``PPACA's Effects on Maintaining Health 
Coverage and Jobs: A Review of the Health Care Law's Regulatory 
Burden (Day 1).'' (June 2, 2011) Serial Number 112-56.
    Hearing entitled ``PPACA's Effects on Maintaining Health 
Coverage and Jobs: A Review of the Health Care Law's Regulatory 
Burden (Day 2).'' (June 15, 2011) Serial Number 112-56B.
    Hearing entitled ``Dual-Eligibles: Understanding This 
Vulnerable Population and How to Improve Their Care.'' (June 
21, 2011) Serial Number 112-64.
    Hearing entitled ``PDUFA V: Medical Innovation, Jobs, and 
Patients.'' (July 7, 2011) Serial Number 112-70.
    Hearing entitled ``Legislative Hearing on Miscellaneous 
Public Health and Biosecurity Legislation.'' (July 11, 2011) 
Serial Number 112-72.
    Hearing entitled ``IPAB: The Controversial Consequences for 
Medicare and Seniors.'' (July 13, 2011) Serial Number 112-73.
    Hearing entitled ``Legislative Hearing to Address 
Bioterrorism, Controlled Substances and Public Health Issues.'' 
(July 21, 2011) Serial Number 112-79.
    Hearing entitled ``Cutting the Red Tape: Saving Jobs from 
PPACA's Harmful Regulations.'' (September 15, 2011) Serial 
Number 112-85.
    Hearing entitled ``Examining the Increase in Drug 
Shortages.'' (September 23, 2011) Serial Number 112-88.
    Hearing entitled ``Impact of Medical Device and Drug 
Regulation on Innovation, Jobs and Patients: A Local 
Perspective.'' (September 26, 2011) Serial Number 112-90.
    Hearing entitled ``Food Marketing: Can `Voluntary' 
Government Restrictions Improve Children's Health?'' (October 
12, 2011) Serial Number 112-94.
    Hearing entitled ``CLASS Cancelled: An Unsustainable 
Program and Its Consequences for the Nation's Deficit.'' 
(October 26, 2011) Serial Number 112-101.
    Hearing entitled ``Do New Health Law Mandates Threaten 
Conscience Rights and Access to Care?'' (November 2, 2011) 
Serial Number 112-102.
    Hearing entitled ``Reauthorization of PDUFA: What It Means 
for Jobs, Innovation, and Patients.'' (February 1, 2012) Serial 
Number 112-110.
    Hearing entitled ``Review of the Proposed Generic Drug and 
Biosimilars, User Fees and Further Examination of Drug 
Shortages.'' (February 9, 2012) Serial Number 112-114.
    Hearing entitled ``Reauthorization of MDUFA: What It Means 
for Jobs, Innovation and Patients.'' (February 15, 2012) Serial 
Number 112-116.
    Hearing entitled ``The FY 2013 HHS Budget.'' (March 1, 
2012) Serial Number 112-121.
    Hearing entitled ``FDA User Fees 2012: Hearing on Issues 
Related to Accelerated Approval, Medical Gas, Antibiotic 
Development and Downstream Pharmaceutical Supply Chain.'' 
(March 8, 2012) Serial Number 112-126.
    Hearing entitled ``A Review of Efforts to Prevent and Treat 
Traumatic Brain Injury.'' (March 19, 2012) Serial Number 112-
127.
    Hearing entitled ``Examining the Current State of 
Cosmetics.'' (March 27, 2012) Serial Number 112-132.
    Hearing entitled ``FDA User Fees 2012: How Innovation Helps 
Patients and Jobs.'' (April 18, 2012) Serial Number 112-136.
    Hearing entitled ``A Review of Efforts to Protect the 
Health of Jockeys and Horses in Horseracing.'' (April 30, 2012) 
Serial Number 112-140.
              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
KATHY CASTOR, Florida                MICHAEL C. BURGESS, Texas
EDWARD J. MARKEY, Massachusetts      MARSHA BLACKBURN, Tennessee
GENE GREEN, Texas                    BRIAN P. BILBRAY, California
DONNA M. CHRISTENSEN, Virgin Islands PHIL GINGREY, Georgia
JOHN D. DINGELL, Michigan            STEVE SCALISE, Louisiana
HENRY A. WAXMAN, California          CORY GARDNER, Colorado
  (Ex Officio)                       H. MORGAN GRIFFITH, Virginia
                                     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 CYBERSECURITY

    The Subcommittee on Oversight and Investigations has 
conducted ongoing oversight of issues related to cybersecurity, 
including supply chain integrity and matters related to 
critical infrastructure security. The Subcommittee received 
briefings on cybersecurity issues, including from the 
Department of Homeland Security, the Department of Defense, the 
Department of Commerce, and the Department of Energy.

     Cybersecurity: An Overview of Risks to Critical Infrastructure

    On July 26, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Cybersecurity: An 
Overview of Threats to Critical Infrastructure.'' The purpose 
of the hearing was to provide an overview of the Federal 
government's efforts to protect critical infrastructure, such 
as the electric grid and nuclear power plants, from cyber 
threats and to discuss current cyber threats and risks. The 
Subcommittee received testimony from representatives of the 
Department of Homeland Security and the Government 
Accountability Office.

   Critical Infrastructure Cybersecurity: Assessments of Smart Grid 
                                Security

    On February 29, 2012, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Critical 
Infrastructure Cybersecurity: Assessments of Smart Grid 
Security.'' The purpose of the hearing was to examine 
cybersecurity threats to the Smart Grid and examine weaknesses 
that make the Smart Grid vulnerable to attacks. The 
Subcommittee received testimony from the Director of 
Information Security Issues at the Government Accountability 
Office, the Director of Natural Resources and Environment from 
the Government Accountability Office, and a Specialist in 
Energy Policy from the Congressional Research Service.

  IT Supply Chain Security: Review of Government and Industry Efforts

    On March 27, 2012, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``IT Supply Chain 
Security: Review of Government and Industry Efforts.'' The 
hearing provided an overview of the supply chain risks to 
Federal Information Technology (IT) and the Federal 
Government's efforts to recognize these risks and mitigate the 
impacts they pose. The Subcommittee received testimony from IT-
related officials at the Department of Defense, the Department 
of Energy, and the Government Accountability Office, as well as 
from private sector experts.

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO REGULATORY REFORM


          The Views of the Administration on Regulatory 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.

    The Views of the Administration on Regulatory Reform: An Update

    On June, 3, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``The Views of the 
Administration on Regulatory Reform: An Update.'' The hearing 
examined the manner in which the Office of Information and 
Regulatory Affairs (OIRA) is implementing Executive Order 
13563, entitled ``Improving Regulation and Regulatory Review,'' 
which President Barack Obama issued on January 18, 2011. The 
hearing followed up on a January 26, 2011, Subcommittee on 
Oversight and Investigations hearing which involved a 
preliminary investigation of Executive Order 13563, its 
potential effect on the Federal regulatory landscape, and the 
costs of regulations to American businesses. Witnesses heard 
were the Honorable Cass R. Sunstein, OIRA Administrator, and 
regulatory experts from the Heritage Foundation, National 
Resources Defense Council, and U.S. Chamber of Commerce.

The Views of the Department of Health and Human Services on Regulatory 
                           Reform: An Update

    On June 13, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``The Views of the 
Department of Health and Human Services on Regulatory Reform: 
An Update.'' The hearing examined how the Department of Health 
and Human Services (HHS) is implementing Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' issued by 
President Obama on January 18, 2011. The Subcommittee received 
testimony from the Honorable Sherry Glied, the Assistant 
Secretary for Policy and Evaluation at the Department of Health 
and Human Services.

       The Views of the Independent Agencies on Regulatory Reform

    On July 7, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``The Views of the 
Independent Agencies on Regulatory Reform.'' The hearing 
examined how the independent agencies within the Committee's 
jurisdiction have responded to Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' which was 
issued by President Obama on January 18, 2011. The Subcommittee 
received testimony from representatives of the Consumer Product 
Safety Commission, the Federal Communications Commission, the 
Federal Energy Regulatory Commission, and the Federal Trade 
Commission.

 Regulatory Reform Series #5--FDA Medical Device Regulation: Impact on 
                 American Patients, Innovation and Jobs

    On July 20, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Regulatory Reform 
Series #5--FDA Medical Device Regulation: Impact on American 
Patients, Innovation and Jobs.'' The purpose of the hearing was 
to examine the state of the medical device industry and the 
impact regulations and policies at the Center for Devices and 
Radiological Health have on patient access, innovation, and job 
creation. The Subcommittee received testimony from the Food and 
Drug Administration, Fischell Biomedical, Transcend Medical, 
Progressive Policy Institute, a patient advocate, and patients.

 Regulatory Reform Series #7--The EPA's Regulatory Planning, Analysis, 
                           and Major Actions

    On September 22, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Regulatory Reform 
Series #7--The EPA's Regulatory Planning, Analysis, and Major 
Actions.'' The purpose of the hearing was to focus on how the 
Environmental Protection Agency's decision-making process and 
regulatory activity comport with the President's regulatory 
review and planning principles. The Subcommittee received 
testimony from the Honorable Lisa P. Jackson, Administrator of 
the Environmental Protection Agency.

          Administration Efforts on Line-by-Line Budget Review

    On October 5, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled, ``Administration 
Efforts on Line-by-Line Budget Review.'' The hearing examined 
the Administration's efforts to review the Federal budget to 
eliminate unnecessary, duplicative, or wasteful government 
programs and to cut costs and create new efficiencies in 
retained programs. The Subcommittee received testimony from a 
representative from the Congressional Research Service and 
other policy experts.

  Regulatory Reform Series #8--Private-Sector Views of the Regulatory 
              Climate One Year After Executive Order 13563

    On Thursday, February 16, 2012, the Subcommittee on 
Oversight and Investigations held a hearing entitled 
``Regulatory Reform Series #8--Private-Sector Views of the 
Regulatory Climate One Year After Executive Order 13563.'' The 
purpose of the hearing was to access the regulatory climate 
facing American businesses one year after President Obama 
issued Executive Order 13563, including impacts on job 
creation. The Subcommittee received testimony from private-
sector witnesses including CKE Restaurants, Inc., Tri-State 
Generation and Transmission Association, Inc., Oklahoma Gas and 
Electric Company, Cross and Crown, Inc., the Environmental 
Health Task Force, and Construction Specialties, Inc.

                          Cutting EPA Spending

    On October 12, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Cutting EPA 
Spending.'' The purpose of the hearing was to review the 
Administration's efforts to identify reductions in the spending 
by agencies within the jurisdiction of the Committee on Energy 
and Commerce. The hearing sought to discern the results of the 
Environmental Protection Agency's (EPA) spending-reduction 
initiatives, as well as to assist EPA in identifying and 
prioritizing further targets for potential elimination or cuts 
for Congressional consideration. The Subcommittee received 
testimony from the Environmental Protection Agency and the 
Government Accountability Office.

 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.

                         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.

 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.

    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.

     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 the 
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 
Subcommittee received testimony from the Honorable Margaret A. 
Hamburg, M.D., Commissioner of the Food and Drug 
Administration.

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 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.

  Protecting Medicare With Improvements to the Secondary Payer Regime

    On June 22, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Protecting Medicare 
with Improvements to the Secondary Payer Regime.'' The hearing 
examined the state of the Medicare Secondary Payer (MSP) system 
and whether it adequately protects the interests of Medicare 
beneficiaries, businesses, health plans, taxpayers, and the 
Medicare Trust Fund. Witnesses included representatives from 
the Center for Medicare and Medicaid Services, Government 
Accountability Office, Publix Super Markets, Cincinnati 
Insurance Company, the Medicare Rights Center, and a lawyer 
with experience with MSP cases.

                               CLASS Act

    The Committee published an investigatory report addressing 
problems with the CLASS Act, a part of the Patient Protection 
and Affordable Care Act (PPACA), and revealing details about 
who was aware of these problems before passage of PPACA. This 
report was drafted with Senator Thune, Congressman Rehberg, the 
Committee on Ways and Means, the Committee on Oversight and 
Government Reform, and Senator Sessions, Senator Shelby, 
Senator Graham, and Senator Coburn.
    On October 26, 2011, the Subcommittee on Oversight and 
Investigations and the Subcommittee on Health held a joint 
hearing entitled ``CLASS Cancelled: An Unsustainable Program 
and Its Consequences for the Nation's Deficit.'' The 
Subcommittees examined the intent of the CLASS program and the 
ongoing concerns with the program. The Subcommittees received 
testimony from Representative Dennis R. Rehberg (MT-AL), 
Representative Charles W. Boustany, Jr. (LA-07), Representative 
Theodore E. Deutch (FL-19), former-Representative Patrick J. 
Kennedy (RI), and representatives from the Department of Health 
and Human Services.

  The Center for Consumer Information and Insurance Oversight and the 
     Anniversary of the Patient Protection and Affordable Care Act

    On March 21, 2012, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``The Center for 
Consumer Information and Insurance Oversight and the 
Anniversary of the Patient Protection and Affordable Care 
Act.'' The hearing examined the operations of the Center and 
its role in changing the health care system two years after the 
passage of the Patient Protection and Affordable Care Act. The 
Subcommittee received testimony from Steve Larsen, the Director 
of the Center for Consumer Information and Insurance Oversight 
at the Centers for Medicare and Medicaid Services.

                  Budget and Spending Concerns at HHS

    On May 9, 2012, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Budget and Spending 
Concerns at HHS.'' The hearing was the fourth in a series of 
hearings on the Administration's efforts to identify wasteful, 
duplicative, or excessive spending by agencies within the 
jurisdiction of the Committee on Energy and Commerce. The 
hearing aimed to evaluate the results of Department of Health 
and Human Services (HHS) spending-reduction initiatives, as 
well as to assist HHS in identifying and prioritizing further 
targets for potential elimination or cuts for Congressional 
consideration. The Subcommittee received testimony from HHS and 
Government Accountability Office (GAO).

                           Health Care Reform

    The Subcommittee conducted continued oversight of the 
Patient Protection and Affordable Care Act (PPACA) and the 
negotiations that took place as the law was being drafted, 
including a review of the effect of PPACA on the members of the 
President's Council on Jobs; of discussions between 
stakeholders and White House Office of Health Reform and 
between the Department of Health and Human Services and the 
National Association of Insurance Commissioners

                         Heparin Contamination

    Since May 1, 2011, Chairman Upton, Subcommittee Chairman 
Stearns, Subcommittee Chairman Pitts, Chairman Emeritus Barton, 
and Subcommittee Vice-Chairman Michael Burgess, sent document 
request letters to Immigration and Customs Enforcement (ICE), 
ten companies involved in the heparin industry, and the Food 
and Drug Administration (FDA). These letters followed up on the 
launch of the investigation on February 23, 2011.

                    Listeria Outbreak in Cantaloupes

    On October 21, 2011, the Subcommittee launched a bipartisan 
investigation into the causes of the recent listeria outbreak 
in cantaloupes, including document requests and staff briefings 
with FDA, CDC, Jensen Farms (the grower of the cantaloupes), 
Frontera Produce (the distributor), and Primus Labs (a third-
party auditor that inspected the facilities at Jensen Farms 
before the outbreak).

                           Planned Parenthood

    On September 15, 2011, the Subcommittee sent a document 
request letter to Planned Parenthood Federation of America 
(PPFA) and initiated an inquiry examining the institutional 
practices and policies of the PPFA and its affiliates' handling 
of federal funding. The Subcommittee sought information to 
evaluate PPFA and its affiliates' compliance with current 
statutory and legal obligations and to determine if PPFA and 
its affiliates have policies in place to comply with the 
current federal restrictions on the funding of abortions.

  HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO ENERGY AND THE 
                              ENVIRONMENT


                           Deep Water Horizon

    The Subcommittee continued its oversight of the 
investigation into the root causes of the April 2010 explosion 
on the Deepwater Horizon and resulting oil spill in the Gulf of 
Mexico, collecting information from the U.S. Coast Guard (USCG) 
and the Department of Interior's Bureau of Ocean Energy 
Management, Regulation, and Enforcement (BOEMRE). The 
Subcommittee received several briefings from BOEMRE, USCG, and 
the U.S. Chemical Safety and Hazardous Investigation Board.
    The Subcommittee continued to examine the status of the 
Gulf Coast Claims Facility (GCCF), established to pay economic 
damage claims, on behalf of BP, to individuals and businesses 
harmed as a result of the Deepwater Horizon explosion and oil 
spill. Staff also received documents and briefings from the 
GCCF administrator and from the U.S. Government Accountability 
Office.

                             EPA Oversight

    The Subcommittee initiated an inquiry into the 
Environmental Protection Agency's (EPA) interpretation of 
health benefits information provided to Congress and to the 
public. The Subcommittee also initiated an examination of EPA's 
process for negotiating settlements of litigation, including 
cases in which EPA commits as part of the settlement to 
undertake new rulemakings.

                 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.

  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.

              OMB's Role in the DOE Loan Guarantee Process

    On June 24, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``OMB's Role in the DOE 
Loan Guarantee Process.'' The purpose of the hearing was to 
provide an overview of the Office of Management and Budget's 
involvement in the review of Department of Energy loan 
guarantees, in particular, a loan guarantee awarded to 
Solyndra, Inc., a California company. The Subcommittee received 
no testimony at the hearing. A representative from the Office 
of Management and Budget was invited, but did not testify.

 EPA's Takeover of Florida's Nutrient Water Quality Standard Setting: 
                 Impact on Communities and Job Creation

    On August 9, 2011, the Subcommittee on Oversight and 
Investigations held a field hearing entitled ``EPA's Takeover 
of Florida's Nutrient Water Quality Standard Setting: Impact on 
Communities and Job Creation.'' The hearing focused on the 
impacts of the Environmental Protection Agency's recent 
rulemaking for the State of Florida, which set Federal numeric 
nutrient water quality criteria for lakes and flowing water for 
Florida and overruled Florida's own process for setting 
relevant standards. The Subcommittee received testimony from 
the Environmental Protection Agency's Regional Administrator 
for the Southeast Region, the Director of the Office of 
Agricultural Water Policy at the Florida Department of 
Agriculture and Consumer Services, and various stakeholders.

              Solyndra and the DOE Loan Guarantee Program

    On September 14, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Solyndra and the DOE 
Loan Guarantee Program.'' The hearing provided an overview of 
the Department of Energy's (DOE) and the Office of Management 
and Budget's (OMB) involvement in the review of a loan 
guarantee to Solyndra, Inc., in September 2009, and the 
restructuring of that deal in February 2011. The hearing also 
examined Solyndra's financial position, representations it made 
to the government about the financial condition of the company, 
and Solyndra's recent bankruptcy filings. The Subcommittee 
received testimony from DOE and OMB.

  From Department of Energy Loan Guarantee to Bankruptcy to FBI Raid: 
                    What Solyndra's Executives Knew

    On September 23, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``From DOE Loan 
Guarantee to Bankruptcy to FBI Raid: What Solyndra's Executives 
Knew.'' The purpose of the hearing was to examine Solyndra's 
representations about its financial status to the Department of 
Energy and to the Committee on Energy and Commerce. The 
Committee invited senior executives of Solyndra, Inc. to 
testify, and they invoked their Fifth Amendment privilege.

     Continuing Developments Regarding the Solyndra Loan Guarantee

    On October 14, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled, ``Continuing 
Developments regarding the Solyndra Loan Guarantee.'' The 
hearing focused on the Department of the Treasury's role in 
reviewing the Solyndra loan guarantee, particularly with regard 
to the Department of Energy's decision to restructure the 
Solyndra loan guarantee in February 2011 and subordinate the 
first $75 million recovered in the event of liquidation to two 
Solyndra investors. The Subcommittee received testimony from 
representatives of the Department of the Treasury and the 
Department of the Treasury Federal Financing Bank.

           The Solyndra Failure: Views From DOE Secretary Chu

    On November 17, 2011, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``The Solyndra Failure: 
Views from DOE Secretary Chu.'' The hearing focused on the 
decisions made with respect to the review and approval of the 
Solyndra loan application, including the Department of Energy's 
(DOE) decision to restructure the Solyndra loan guarantee in 
February 2011 and what DOE knew about Solyndra's financial 
condition. The Subcommittee received testimony from the 
Honorable Steven Chu, Secretary of the Department of Energy.

                  Budget and Spending Concerns at DOE

    On April 19, 2012, the Subcommittee on Oversight and 
Investigations held a hearing entitled ``Budget and Spending 
Concerns at DOE.'' The hearing was the third in a series of 
hearings on the Administration's efforts to identify wasteful, 
duplicative, or excessive spending by agencies within the 
jurisdiction of the Committee on Energy and Commerce. The 
hearing aimed to evaluate the results of Department of Energy 
(DOE) spending-reduction initiatives, as well as to assist DOE 
in identifying and prioritizing further targets for potential 
elimination or cuts for Congressional consideration. The 
Subcommittee heard from representatives of DOE and the 
Government Accountability Office.

                             HEARINGS HELD

    Hearing entitled ``The Views of the Administration on 
Regulatory Reform.'' (January 26, 2011) Serial Number 112-1.
    Hearing entitled ``Health Care Issues Involving the Center 
for Consumer Information and Insurance Oversight.'' (February 
16, 2011) Serial Number 112-7.
    Hearing entitled ``Waste, Fraud, and Abuse: A Continuing 
Threat to Medicare and Medicaid.'' (March 2, 2011) Serial 
Number 112-13.
    Hearing entitled ``Oversight of DOE Recovery Act 
Spending.'' (March 17, 2011) Serial Number 112-24.
    Hearing entitled ``The PPACA's High Risk Pool Regime: High 
Cost, Low Participation.'' (April 1, 2011) Serial Number 112-
29.
    Hearing entitled ``The U.S. Government Response to the 
Nuclear Power Plant Incident in Japan.'' (April 6, 2011) Serial 
Number 112-32.
    Hearing entitled ``Import Safety: Status of FDA's Screening 
Efforts at the Border.'' (April 13, 2011) Serial Number 112-38.
    Hearing entitled ``White House Transparency, Visitor Logs, 
and Lobbyists.'' (May 3, 2011) Serial Number 112-42.
    Hearing entitled ``The Views of the Administration on 
Regulatory Reform: An Update.'' (June 3, 2011) Serial Number 
112-58.
    Hearing entitled ``The Views of the Department of Health 
and Human Services on Regulatory Reform: An Update.'' (June 13, 
2011) Serial Number 112-60.
    Hearing entitled ``Protecting Medicare with Improvements to 
the Secondary Payer Regime.'' (June 22, 2011) Serial Number 
112-65.
    Hearing entitled ``OMB's Role in the DOE Loan Guarantee 
Process.'' (June 24, 2011) Serial Number 112-68.
    Hearing entitled ``The Views of the Independent Agencies on 
Regulatory Reform.'' (July 7, 2011) Serial Number 112-71.
    Hearing entitled ``Regulatory Reform Series #5--FDA Medical 
Device Regulation: Impact on American Patients, Innovation and 
Jobs.'' (July 20, 2011) Serial Number 112-78.
    Hearing entitled ``Cybersecurity: An Overview of Risks to 
Critical Infrastructure.'' (July 26, 2011) Serial Number 112-
80.
    Hearing entitled ``EPA's Takeover of Florida's Nutrient 
Water Quality Standard Setting: Impact on Communities and Job 
Creation.'' (September 9, 2011) Serial Number 112-81.
    Hearing entitled ``Solyndra and The DOE Loan Guarantee 
Program.'' (September 14, 2011) Serial Number 112-84.
    Hearing entitled ``Regulatory Reform Series #7--The EPA's 
Regulatory Planning, Analysis, and Major Actions.'' (September 
22, 2011) Serial Number 112-87.
    Hearing entitled ``From DOE Loan Guarantee to Bankruptcy to 
FBI Raid: What Solyndra's Executives Knew.'' (September 23, 
2011) Serial Number 112-89.
    Hearing entitled ``Administration Efforts on Line-by-Line 
Budget Review.'' (October 5, 2011) Serial Number 112-92.
    Hearing entitled ``Cutting EPA Spending.'' (October 12, 
2011) Serial Number 112-95.
    Hearing entitled ``Continuing Developments Regarding the 
Solyndra Loan Guarantee.'' (October 14, 2011) Serial Number 
112-98.
    Hearing entitled ``CLASS Cancelled: An Unsustainable 
Program and Its Consequences for the Nation's Deficit.'' 
(October 26, 2011) Serial Number 112-101.
    Hearing entitled ``The Solyndra Failure: Views from DOE 
Secretary Chu.'' (November 17, 2011) Serial Number 112-104.
    Hearing entitled ``Regulatory Reform Series #8--Private-
Sector Views of the Regulatory Climate One Year After Executive 
Order 13563.'' (February 16, 2012) Serial Number 112-118.
    Hearing entitled ``Critical Infrastructure Cyber-Security: 
Assessments of Smart Grid Security.'' (February 28, 2012) 
Serial Number 112-120.
    Hearing entitled ``The Center for Consumer Information and 
Insurance Oversight and the Anniversary of the Patient 
Protection and Affordable Care Act.'' (March 21, 2012) Serial 
Number 112-129.
    Hearing entitled ``IT Supply Chain Security: Review of 
Government and Industry Efforts.'' (March 27, 2012) Serial 
Number 112-131.
    Hearing entitled ``Budget and Spending Concerns at DOE.'' 
(April 18, 2012) Serial Number 112-137.
    Hearing entitled ``Budget and Spending Concerns at HHS.'' 
(May 9, 2012) Serial Number 112-142.

     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 Danger  April 14, 2011.
                       of Prescription Drug
                       Diversion (Subcommittee on
                       Commerce, Manufacturing,
                       and Trade).
112-54..............  The Department of Energy's   June 1, 2011.
                       Role in Managing Civilian
                       Radioactive Waste
                       (Subcommittee on
                       Environment and the
                       Economy).
112-65..............  Protecting Medicare with     June 22, 2011.
                       Improvements to the
                       Secondary Payer Regime
                       (Subcommittee on Oversight
                       and Investigations).
112-68..............  OMB's Role in the DOE Loan   June 24, 2011.
                       Guarantee Process
                       (Subcommittee on Oversight
                       and Investigations).
112-78..............  Regulatory Reform Series     July 20, 2011.
                       #5--FDA Medical Device
                       Regulation: Impact on
                       American Patients,
                       Innovation and Jobs
                       (Subcommittee on Oversight
                       and Investigations).
112-80..............  Cybersecurity: An Overview   July 26, 2011.
                       of Threats to Critical
                       Infrastructure
                       (Subcommittee on Oversight
                       and Investigations).
112-84..............  Solyndra and the DOE Loan    September 14, 2011.
                       Guarantee Program
                       (Subcommittee on Oversight
                       and Investigations).
112-93..............  Chemical Risk Assessment:    October 6, 2011.
                       What Works for Jobs and
                       the Economy? (Subcommittee
                       on Environment and the
                       Economy).
112-98..............  Continuing Developments      October 14, 2011.
                       regarding the Solyndra
                       Loan Guarantee
                       (Subcommittee on Oversight
                       and Investigations).
112-104.............  The Solyndra Failure: Views  November 17, 2011.
                       From DOE Secretary Chu
                       (Subcommittee on Oversight
                       and Investigations).
112-111.............  Evaluating Internal          February 3, 2012.
                       Operation and
                       Implementation of the
                       Chemical Facility Anti-
                       Terrorism Standards
                       program (CFATS) by the
                       Department of Homeland
                       Security (Subcommittee on
                       Environment and the
                       Economy).
112-117.............  The Budget and Spending of   February 16, 2012.
                       the Federal Communications
                       Commission (Subcommittee
                       on Communications and
                       Technology).
112-137.............  Budget and Spending          April 18, 2012.
                       Concerns at DOE
                       (Subcommittee on Oversight
                       and Investigations).
112-142.............  Budget and Spending          May 9, 2012.
                       Concerns at HHS
                       (Subcommittee on Oversight
                       and Investigations).
112-143.............  Broadband Loans and Grants   May 16, 2012.
                       (Subcommittee on
                       Communications and
                       Technology).
------------------------------------------------------------------------

                                  
