[House Report 116-713]
[From the U.S. Government Publishing Office]
Union Calendar No. 597
116th Congress, 2d Session - - - - - - - - - House Report 116-713
ACTIVITY REPORT
of the
COMMITTEE ON ENERGY AND COMMERCE
of the
HOUSE OF REPRESENTATIVES
for the
ONE HUNDRED SIXTEENTH CONGRESS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 31, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
ACTIVITY REPORT OF THE COMMITTEE ON ENERGY AND COMMERCE
Union Calendar No. 597
116th Congress, 2d Session - - - - - - - - - - - - House Report 116-713
ACTIVITY REPORT
of the
COMMITTEE ON ENERGY AND COMMERCE
of the
HOUSE OF REPRESENTATIVES
for the
ONE HUNDRED SIXTEENTH CONGRESS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 31, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
42-833 WASHINGTON : 2020
THE COMMITTEE ON ENERGY AND COMMERCE
ONE HUNDRED SIXTEENTH CONGRESS
(Ratio 31-24)
FRANK PALLONE, Jr., New Jersey, Chairman
BOBBY L. RUSH, Illinois GREG WALDEN, Oregon, Ranking
ANNA G. ESHOO, California Member
ELIOT L. ENGEL, New York FRED UPTON, Michigan
DIANA DeGETTE, Colorado JOHN SHIMKUS, Illinois
MICHAEL F. DOYLE, Pennsylvania MICHAEL C. BURGESS, Texas
JANICE D. SCHAKOWSKY, Illinois STEVE SCALISE, Louisiana
G.K. BUTTERFIELD, North Carolina ROBERT E. LATTA, Ohio
DORIS O. MATSUI, California CATHY McMORRIS RODGERS, Washington
KATHY CASTOR, Florida BRETT GUTHRIE, Kentucky
JOHN P. SARBANES, Maryland PETE OLSON, Texas
JERRY McNERNEY, California DAVID B. McKINLEY, West Virginia
PETER WELCH, Vermont ADAM KINZINGER, Illinois
BEN RAY LUJAN, New Mexico H. MORGAN GRIFFITH, Virginia
PAUL TONKO, New York GUS M. BILIRAKIS, Florida
YVETTE D. CLARKE, New York, Vice BILL JOHNSON, Ohio
Chair BILLY LONG, Missouri
DAVID LOEBSACK, Iowa LARRY BUCSHON, Indiana
KURT SCHRADER, Oregon BILL FLORES, Texas
JOSEPH P. KENNEDY III, SUSAN W. BROOKS, Indiana
Massachusetts MARKWAYNE MULLIN, Oklahoma
TONY CARDENAS, California RICHARD HUDSON, North Carolina
RAUL RUIZ, California TIM WALBERG, Michigan
SCOTT H. PETERS, California EARL L. ``BUDDY'' CARTER, Georgia
DEBBIE DINGELL, Michigan JEFF DUNCAN, South Carolina
MARC A. VEASEY, Texas GREG GIANFORTE, Montana
ANN M. KUSTER, New Hampshire
ROBIN L. KELLY, Illinois
NANETTE DIAZ BARRAGAN, California
A. DONALD McEACHIN, Virginia
LISA BLUNT ROCHESTER, Delaware
DARREN SOTO, Florida
TOM O'HALLERAN, Arizona
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, December 31, 2020.
Hon. Cheryl L. Johnson,
Clerk, House of Representatives,
Washington, DC.
Dear Madam Clerk: Pursuant to clause 1(d) of Rule XI of the
Rules of the House of Representatives, I present herewith a
report on the activities of the Committee on Energy and
Commerce for the 116th Congress, including the Committee's
review and study of legislation within its jurisdiction and the
oversight activities undertaken by the Committee.
Sincerely,
Frank Pallone, Jr.,
Chairman.
C O N T E N T S
----------
Page
Jurisdiction..................................................... 1
Rules............................................................ 3
Committee and Subcommittee Memberships........................... 11
Committee Staff.................................................. 15
Committee Organization and Historical Notes...................... 19
Legislative and Oversight Activity of the Committee.............. 25
Statistical Summary of Committee Activities.................. 25
Legislative and Oversight Summary and Accomplishments............ 26
Full Committee............................................... 29
Subcommittee on Consumer Protection and Commerce............. 33
Subcommittee on Communications and Technology................ 63
Subcommittee on Energy....................................... 103
Subcommittee on Environment and Climate Change............... 155
Subcommittee on Health....................................... 189
Subcommittee on Oversight and Investigations.................
Appendix I--116th Congress Oversight Plan........................ 320
Appendix II--Public Laws......................................... 331
Appendix III--Printed Hearings................................... 333
Appendix IV--Hearings Held Pursuant to Clauses 2(n), (o), or (p)
of Rules XI.................................................... 338
Union Calendar No. 597
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-713
======================================================================
ACTIVITY REPORT OF THE COMMITTEE ON ENERGY AND COMMERCE OF THE HOUSE OF
REPRESENTATIVES FOR THE ONE HUNDRED SIXTEENTH CONGRESS
_______
December 31, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
Jurisdiction
The jurisdiction of the Committee on Energy and Commerce,
as prescribed by clause 1(f) of Rule X of the Rules of the
House of Representatives, is as follows:
(1) Biomedical research and development.
(2) Consumer affairs and consumer protection.
(3) Health and health facilities (except health care
supported by payroll deductions).
(4) Interstate energy compacts.
(5) Interstate and foreign commerce generally.
(6) Exploration, production, storage, supply, marketing,
pricing, and regulation of energy resources, including all
fossil fuels, solar energy, and other unconventional or
renewable energy resources.
(7) Conservation of energy resources.
(8) Energy information generally.
(9) The generation and marketing of power (except by
Federally chartered or Federal regional power marketing
authorities); reliability and interstate transmission of, and
ratemaking for, all power; and siting of generation facilities
(except the installation of interconnections between Government
waterpower projects).
(10) General management of the Department of Energy and
management and all functions of the Federal Energy Regulatory
Commission.
(11) National energy policy generally.
(12) Public health and quarantine.
(13) Regulation of the domestic nuclear energy industry,
including regulation of research and development reactors and
nuclear regulatory research.
(14) Regulation of interstate and foreign communications.
(15) Travel and tourism.
The committee shall have the same jurisdiction with respect
to regulation of nuclear facilities and of use of nuclear
energy as it has with respect to regulation of nonnuclear
facilities and of use of nonnuclear energy.
In addition, clause 3(e) of Rule X of the Rules of the
House of Representatives provides that the Committee on Energy
and Commerce shall review and study on a continuing basis laws,
programs, and Government activities relating to nuclear and
other energy and nonmilitary nuclear energy research and
development including the disposal of nuclear waste.
Rules for the Committee on Energy and Commerce U.S. House of
Representatives, 116th Congress
(Adopted January 24, 2019)
Rule 1. General Provisions
(a) Rules of the Committee. The Rules of the House are the
rules of the Committee on Energy and Commerce (the
``Committee'') and its subcommittees so far as is applicable.
(b) Rules of the Subcommittees. Each subcommittee of the
Committee is part of the Committee and is subject to the
authority and direction of the Committee and to its rules so
far as is applicable. Written rules adopted by the Committee,
not inconsistent with the Rules of the House, shall be binding
on each subcommittee of the Committee.
Rule 2. Business Meetings/Markups
(a) Regular Meeting Days. The Committee shall meet on the
fourth Tuesday of each month at 10 a.m., for the consideration
of bills, resolutions, and other business, if the House is in
session on that day. If the House is not in session on that day
and the Committee has not met during such month, the Committee
shall meet at the earliest practicable opportunity when the
House is again in session. The chairman of the Committee may,
at his or her discretion, cancel, delay, or defer any meeting
required under this section, after consultation with the
ranking minority member.
(b) Additional Meetings. The chairman may call and convene,
as he or she considers necessary, additional meetings of the
Committee for the consideration of any bill or resolution
pending before the Committee or for the conduct of other
Committee business. The Committee shall meet for such purposes
pursuant to that call of the chairman.
(c) Notice. The date, time, place, and subject matter of
any meeting of the Committee (other than a hearing) shall be
announced at least 36 hours (exclusive of Saturdays, Sundays,
and legal holidays except when the House is in session on such
days) in advance of the commencement of such meeting. In no
event shall such meeting commence earlier than the third
calendar day (excluding Saturdays, Sundays, or legal holidays
except when the House is in session on such a day) on which
members have notice thereof.
(d) Agenda. The agenda for each Committee meeting, setting
out all items of business to be considered, shall be provided
to each member of the Committee at least 36 hours in advance of
such meeting.
(e) Availability of Texts. No bill, recommendation, or
other matter shall be considered by the Committee unless the
text of the matter, together with an explanation, has been
available to members of the Committee for three days (or 24
hours in the case of a substitute for introduced legislation).
Such explanation shall include a summary of the major
provisions of the legislation, an explanation of the
relationship of the matter to present law, and a summary of the
need for the legislation.
(f) Waiver. The requirements of subsections (c), (d), and
(e) may be waived by a majority of those present and voting (a
majority being present) of the Committee or by the chairman
with the concurrence of the ranking member, as the case may be.
Rule 3. Hearings
(a) Notice. The date, time, place, and subject matter of
any hearing of the Committee shall be announced at least one
week in advance of the commencement of such hearing, unless a
determination is made in accordance with clause 2(g)(3) of Rule
XI of the Rules of the House that there is good cause to begin
the hearing sooner.
(b) Memorandum. Each member of the Committee shall be
provided, except in the case of unusual circumstances, with a
memorandum at least 48 hours before each hearing explaining (1)
the purpose of the hearing and (2) the names of any witnesses.
(c) Witnesses. (1) Each witness who is to appear before the
Committee shall file with the clerk of the Committee, at least
two working days in advance of his or her appearance,
sufficient copies, as determined by the chairman of the
Committee of a written statement of his or her proposed
testimony to provide to members and staff of the Committee, the
news media, and the general public. Each witness shall, to the
greatest extent practicable, also provide a copy of such
written testimony in an electronic format prescribed by the
chairman. Each witness shall limit his or her oral presentation
to a brief summary of the argument. The chairman of the
Committee or the presiding member may waive the requirements of
this paragraph or any part thereof.
(2) To the greatest extent practicable, the written
testimony of each witness appearing in a nongovernmental
capacity shall include a curriculum vitae and a disclosure of
any Federal grants or contract or foreign government contracts
and payments related to the subject matter of the hearing
received during the current calendar year or either of the two
preceding calendar years by the witness or by an entity
represented by the witness. The disclosure shall include (i)
the amount and source of each Federal grant (or subgrant
thereof) or contract (or subcontract thereof) related to the
subject matter of the hearing; and (ii) the amount and country
of origin of any payment or contract related to the subject
matter of the hearing originating with a foreign government.
(d) Questioning. (1) The right to interrogate the witnesses
before the Committee shall alternate between majority and
minority members. Each member shall be limited to 5 minutes in
the interrogation of witnesses until such time as each member
who so desires has had an opportunity to question witnesses. No
member shall be recognized for a second period of 5 minutes to
interrogate a witness until each member of the Committee
present has been recognized once for that purpose. The chairman
shall recognize in order of appearance members who were not
present when the meeting was called to order after all members
who were present when the meeting was called to order have been
recognized in the order of seniority on the Committee or
relevant subcommittee, as the case may be.
(2) The chairman, with the concurrence of the ranking
minority member, or the Committee by motion, may permit an
equal number of majority and minority members to question a
witness for a specified, total period that is equal for each
side and not longer than thirty minutes for each side. The
chairman with the concurrence of the ranking minority member,
or the Committee by motion, may also permit committee staff of
the majority and minority to question a witness for a
specified, total period that is equal for each side and not
longer than thirty minutes for each side.
(3) Each member may submit to the chairman of the Committee
additional questions for the record, to be answered by the
witnesses who have appeared. Each member shall provide a copy
of the questions in an electronic format to the clerk of the
Committee no later than ten business days following a hearing.
The chairman shall transmit all questions received from members
of the Committee to the appropriate witness and include the
transmittal letter and the responses from the witnesses in the
hearing record. After consultation with the ranking minority
member, the chairman is authorized to close the hearing record
no earlier than 120 days from the date the questions were
transmitted to the appropriate witness.
Rule 4. Vice Chairmen; Presiding Member
The chairman shall designate a member of the majority party
to serve as vice chairman of the Committee, and shall designate
a majority member of each subcommittee to serve as vice
chairman of each subcommittee. The vice chairman of the
Committee or subcommittee, as the case may be, shall preside at
any meeting or hearing during the temporary absence of the
chairman. If the chairman and vice chairman of the Committee or
subcommittee are not present at any meeting or hearing, the
most senior ranking member of the majority party who is present
shall preside at the meeting or hearing.
Rule 5. Open Proceedings
Except as provided by the Rules of the House, each meeting
and hearing of the Committee for the transaction of business,
including the markup of legislation, and each hearing, shall be
open to the public, including to radio, television, and still
photography coverage, consistent with the provisions of Rule XI
of the Rules of the House.
Rule 6. Quorum
Testimony may be taken and evidence received at any hearing
at which there are present not fewer than two members of the
Committee or subcommittee in question. A majority of the
members of the Committee or subcommittee shall constitute a
quorum for those actions for which the House Rules require a
majority quorum. For the purposes of taking any other action,
one-third of the members of the Committee shall constitute a
quorum.
Rule 7. Official Committee Records
(a)(1) Documents reflecting the proceedings of the
Committee shall be made publicly available in electronic form
on the Committee's website and in the Committee office for
inspection by the public, as provided in Rule XI, clause 2(e)
of the Rules of the House not more than 24 hours after each
meeting has adjourned, including a record showing those present
at each meeting; and a record of the vote on any question on
which a record vote is demanded, including a description of the
amendment, motion, order, or other proposition, the name of
each member voting for and each member voting against such
amendment, motion, order, or proposition, and the names of
those members of the committee present but not voting.
(2) Record Votes. A record vote may be demanded by one-
fifth of the members present or, in the apparent absence of a
quorum, by any one member. No demand for a record vote shall be
made or obtained except for the purpose of procuring a record
vote or in the apparent absence of a quorum.
(b) Postponement of Votes. In accordance with clause
2(h)(4) of Rule XI of the Rules of the House, the chairman of
the Committee or a subcommittee, after consultation with the
ranking minority member of the Committee or subcommittee, may
(A) postpone further proceedings when a record vote is ordered
on the question of approving a measure or matter or on adopting
an amendment; and (B) resume proceedings on a postponed
question at any time after reasonable notice. When proceedings
resume on a postponed question, notwithstanding any intervening
order for the previous question, an underlying proposition
shall remain subject to further debate or amendment to the same
extent as when the question was postponed.
(c) Archived Records. The records of the Committee at the
National Archives and Records Administration shall be made
available for public use in accordance with Rule VII of the
Rules of the House. The chairman shall notify the ranking
minority member of any decision, pursuant to clause 3(b)(3) or
clause 4 of the Rule, to withhold a record otherwise available,
and the matter shall be presented to the Committee for a
determination on the written request of any member of the
Committee. The chairman shall consult with the ranking minority
member on any communication from the Archivist of the United
States or the Clerk of the House concerning the disposition of
noncurrent records pursuant to clause 3(b) of the Rule.
Rule 8. Subcommittees
(a) Establishment. There shall be such standing
subcommittees with such jurisdiction and size as determined by
the majority party caucus of the Committee. The jurisdiction,
number, and size of the subcommittees shall be determined by
the majority party caucus prior to the start of the process for
establishing subcommittee chairmanships and assignments.
(b) Powers and Duties. Each subcommittee is authorized to
meet, hold hearings, receive testimony, mark up legislation,
and report to the Committee on all matters referred to it.
Subcommittee chairmen shall set hearing and meeting dates only
with the approval of the chairman of the Committee with a view
toward assuring the availability of meeting rooms and avoiding
simultaneous scheduling of Committee and subcommittee meetings
or hearings whenever possible.
(c) Ratio of Subcommittees. The majority caucus of the
Committee shall determine an appropriate ratio of majority to
minority party members for each subcommittee and the chairman
shall negotiate that ratio with the minority party, provided
that the ratio of party members on each subcommittee shall be
no less favorable to the majority than that of the full
Committee, nor shall such ratio provide for a majority of less
than two majority members.
(d) Selection of Subcommittee Members. Prior to any
organizational meeting held by the Committee, the majority and
minority caucuses shall select their respective members of the
standing subcommittees.
(e) Ex Officio Members. The chairman and ranking minority
member of the Committee shall be ex officio members with voting
privileges of each subcommittee of which they are not assigned
as members and may be counted for purposes of establishing a
quorum in such subcommittees.
Rule 9. Opening Statements
(a) Written Statements. All written opening statements at
hearings and business meetings conducted by the committee shall
be made part of the permanent record.
(b) Length. (1) At full committee hearings, the chairman
and ranking minority member shall be limited to 5 minutes each
for an opening statement, and may designate another member to
give an opening statement of not more than 5 minutes. At
subcommittee hearings, the subcommittee chairman and ranking
minority member of the subcommittee shall be limited to 5
minutes each for an opening statement. In addition, the full
committee chairman and ranking minority member shall each be
allocated 5 minutes for an opening statement for themselves or
their designees at subcommittee hearings.
(2) At any business meeting of the Committee, statements
shall be limited to 5 minutes each for the chairman and ranking
minority member (or their respective designee) of the Committee
or subcommittee, as applicable, and 3 minutes each for all
other members. The chairman may further limit opening
statements for Members (including, at the discretion of the
chairman, the chairman and ranking minority member) to one
minute.
Rule 10. Reference of Legislation and Other Matters
All legislation and other matters referred to the Committee
shall be referred to the subcommittee of appropriate
jurisdiction within two weeks of the date of receipt by the
Committee unless action is taken by the full Committee within
those two weeks, or by majority vote of the members of the
Committee, consideration is to be by the full Committee. In the
case of legislation or other matter within the jurisdiction of
more than one subcommittee, the chairman of the Committee may,
in his or her discretion, refer the matter simultaneously to
two or more subcommittees for concurrent consideration, or may
designate a subcommittee of primary jurisdiction and also refer
the matter to one or more additional subcommittees for
consideration in sequence (subject to appropriate time
limitations), either on its initial referral or after the
matter has been reported by the subcommittee of primary
jurisdiction. Such authority shall include the authority to
refer such legislation or matter to an ad hoc subcommittee
appointed by the chairman, with the approval of the Committee,
from the members of the subcommittees having legislative or
oversight jurisdiction.
Rule 11. Managing Legislation on the House Floor
The chairman, in his or her discretion, shall designate
which member shall manage legislation reported by the Committee
to the House.
Rule 12. Committee Professional and Clerical Staff Appointments
(a) Delegation of Staff. Whenever the chairman of the
Committee determines that any professional staff member
appointed pursuant to the provisions of clause 9 of Rule X of
the House of Representatives, who is assigned to such chairman
and not to the ranking minority member, by reason of such
professional staff member's expertise or qualifications will be
of assistance to one or more subcommittees in carrying out
their assigned responsibilities, he or she may delegate such
staff member to such subcommittees for such purpose. A
delegation of a member of the professional staff pursuant to
this subsection shall be made after consultation with
subcommittee chairmen and with the approval of the subcommittee
chairman or chairmen involved.
(b) Minority Professional Staff. Professional staff members
appointed pursuant to clause 9 of Rule X of the House of
Representatives, who are assigned to the ranking minority
member of the Committee and not to the chairman of the
Committee, shall be assigned to such Committee business as the
minority party members of the Committee consider advisable.
(c) Additional Staff Appointments. In addition to the
professional staff appointed pursuant to clause 9 of Rule X of
the House of Representatives, the chairman of the Committee
shall be entitled to make such appointments to the professional
and clerical staff of the Committee as may be provided within
the budget approved for such purposes by the Committee. Such
appointee shall be assigned to such business of the full
Committee as the chairman of the Committee considers advisable.
(d) Sufficient Staff. The chairman shall ensure that
sufficient staff is made available to each subcommittee to
carry out its responsibilities under the rules of the
Committee.
(e) Fair Treatment of Minority Members in Appointment of
Committee Staff. The chairman shall ensure that the minority
members of the Committee are treated fairly in appointment of
Committee staff.
(f) Contracts for Temporary or Intermittent Services. Any
contract for the temporary services or intermittent service of
individual consultants or organizations to make studies or
advise the Committee or its subcommittees with respect to any
matter within their jurisdiction shall be deemed to have been
approved by a majority of the members of the Committee if
approved by the chairman and ranking minority member of the
Committee. Such approval shall not be deemed to have been given
if at least one-third of the members of the Committee request
in writing that the Committee formally act on such a contract,
if the request is made within 10 days after the latest date on
which such chairman or chairmen, and such ranking minority
member or members, approve such contract.
Rule 13. Supervision, Duties of Staff
(a) Supervision of Majority Staff. The professional and
clerical staff of the Committee not assigned to the minority
shall be under the supervision and direction of the chairman
who, in consultation with the chairmen of the subcommittees,
shall establish and assign the duties and responsibilities of
such staff members and delegate such authority as they
determine is appropriate.
(b) Supervision of Minority Staff. The professional and
clerical staff assigned to the minority shall be under the
supervision and direction of the minority members of the
Committee, who may delegate such authority as they determine
appropriate.
Rule 14. Committee Budget
(a) Administration of Committee Budget. The chairman of the
Committee, in consultation with the ranking minority member,
shall for the 116th Congress attempt to ensure that the
Committee receives necessary amounts for professional and
clerical staff, travel, investigations, equipment and
miscellaneous expenses of the Committee and the subcommittees,
which shall be adequate to fully discharge the Committee's
responsibilities for legislation and oversight.
(b) Monthly Expenditures Report. Committee members shall be
furnished a copy of each monthly report, prepared by the
chairman for the Committee on House Administration, which shows
expenditures made during the reporting period and cumulative
for the year by the Committee and subcommittees, anticipated
expenditures for the projected Committee program, and detailed
information on travel.
Rule 15. Broadcasting of Committee Hearings
Any meeting or hearing that is open to the public may be
covered in whole or in part by radio or television or still
photography, subject to the requirements of clause 4 of Rule XI
of the Rules of the House. The coverage of any hearing or other
proceeding of the Committee or any subcommittee thereof by
television, radio, or still photography shall be under the
direct supervision of the chairman of the Committee, the
subcommittee chairman, or other member of the Committee
presiding at such hearing or other proceeding and may be
terminated by such member in accordance with the Rules of the
House.
Rule 16. Subpoena Power
The power to authorize and issue subpoenas is delegated to
the chairman of the full Committee, as provided for under
clause 2(m)(3)(A)(i) of Rule XI of the Rules of the House of
Representatives. The chairman shall notify the ranking minority
member prior to issuing any subpoena under such authority. To
the extent practicable, the chairman shall consult with the
ranking minority member at least 72 hours in advance of a
subpoena being issued under such authority. The chairman shall
report to the members of the Committee on the issuance of a
subpoena as soon as practicable but in no event later than one
week after issuance of such subpoena.
Rule 17. Travel of Members and Staff
(a) Approval of Travel. Consistent with the primary expense
resolution and such additional expense resolutions as may have
been approved, travel to be reimbursed from funds set aside for
the Committee for any member or any staff member shall be paid
only upon the prior authorization of the chairman. Travel may
be authorized by the chairman for any member and any staff
member in connection with the attendance of hearings conducted
by the Committee or any subcommittee thereof and meetings,
conferences, and investigations that involve activities or
subject matter under the general jurisdiction of the Committee.
Before such authorization is given there shall be submitted to
the chairman in writing the following: (1) the purpose of the
travel; (2) the dates during which the travel is to be made and
the date or dates of the event for which the travel is being
made; (3) the location of the event for which the travel is to
be made; and (4) the names of members and staff seeking
authorization.
(b) Approval of Travel by Minority Members and Staff. In
the case of travel by minority party members and minority party
staff for the purpose set out in (a), the prior approval, not
only of the chairman but also of the ranking minority member,
shall be required. Such prior authorization shall be given by
the chairman only upon the representation by the ranking
minority member in writing setting forth those items enumerated
in (1), (2), (3), and (4) of paragraph (a).
Rule 18. Website
The chairman shall maintain an official Committee website
for the purposes of furthering the Committee's legislative and
oversight responsibilities, including communicating information
about the Committee's activities to Committee members and other
members of the House. The ranking minority member may maintain
an official website for the purpose of carrying out official
responsibilities, including communicating information about the
activities of the minority members of the Committee to
Committee members and other members of the House.
Rule 19. Conferences
The chairman of the Committee is directed to offer a motion
under clause 1 of Rule XXII of the Rules of the House whenever
the chairman considers it appropriate.
Membership and Organization
ONE HUNDRED SIXTEENTH CONGRESS
COMMITTEE ON ENERGY AND COMMERCE
(Ratio 31-24)
FRANK PALLONE, Jr., New Jersey,
Chairman
GREG WALDEN, Oregon, Ranking Member BOBBY L. RUSH, Illinois
FRED UPTON, Michigan ANNA G. ESHOO, California
JOHN SHIMKUS, Illinois ELIOT L. ENGEL, New York
MICHAEL C. BURGESS, Texas DIANA DeGETTE, Colorado
STEVE SCALISE, Louisiana MICHAEL F. DOYLE, Pennsylvania
ROBERT E. LATTA, Ohio JANICE D. SCHAKOWSKY, Illinois
CATHY McMORRIS RODGERS, Washington G.K. BUTTERFIELD, North Carolina
BRETT GUTHRIE, Kentucky DORIS O. MATSUI, California
PETE OLSON, Texas KATHY CASTOR, Florida
DAVID B. McKINLEY, West Virginia JOHN P. SARBANES, Maryland
ADAM KINZINGER, Illinois JERRY McNERNEY, California
H. MORGAN GRIFFITH, Virginia PETER WELCH, Vermont
GUS M. BILIRAKIS, Florida BEN RAY LUJAN, New Mexico
BILL JOHNSON, Ohio PAUL TONKO, New York
BILLY LONG, Missouri YVETTE D. CLARKE, New York, Vice
LARRY BUCSHON, Indiana Chair
BILL FLORES, Texas DAVID LOEBSACK, Iowa
SUSAN W. BROOKS, Indiana KURT SCHRADER, Oregon
MARKWAYNE MULLIN, Oklahoma JOSEPH P. KENNEDY III,
RICHARD HUDSON, North Carolina Massachusetts
TIM WALBERG, Michigan TONY CARDENAS, California
EARL L. ``BUDDY'' CARTER, Georgia RAUL RUIZ, California
JEFF DUNCAN, South Carolina SCOTT H. PETERS, California
GREG GIANFORTE, Montana DEBBIE DINGELL, Michigan
MARC A. VEASEY, Texas
ANN M. KUSTER, New Hampshire
ROBIN L. KELLY, Illinois
NANETTE DIAZ BARRAGAN, California
A. DONALD McEACHIN, Virginia
LISA BLUNT ROCHESTER, Delaware
DARREN SOTO, Florida
TOM O'HALLERAN, Arizona
Subcommittee Memberships and Jurisdiction
Subcommittee on Communications and Technology
(Ratio 18-13)
MICHAEL F. DOYLE, Pennsylvania,
Chairman
ROBERT E. LATTA, Ohio, Ranking MemberJERRY McNERNEY, California
JOHN SHIMKUS, Illinois YVETTE D. CLARKE, New York
STEVE SCALISE, Louisiana DAVID LOEBSACK, Iowa
PETE OLSON, Texas MARC A. VEASEY, Texas
ADAM KINZINGER, Illinois A. DONALD McEACHIN, Virginia
GUS M. BILIRAKIS, Florida DARREN SOTO, Florida
BILL JOHNSON, Ohio TOM O'HALLERAN, Arizona
BILLY LONG, Missouri ANNA G. ESHOO, California
BILL FLORES, Texas DIANA DeGETTE, Colorado
SUSAN W. BROOKS, Indiana G.K. BUTTERFIELD, North Carolina
TIM WALBERG, Michigan DORIS O. MATSUI, California, Vice
GREG GIANFORTE, Montana Chair
GREG WALDEN, Oregon PETER WELCH, Vermont
(Ex Officio) BEN RAY LUJAN, New Mexico
KURT SCHRADER, Oregon
TONY CARDENAS, California
DEBBIE DINGELL, Michigan
FRANK PALLONE, Jr., New Jersey
(Ex Officio)
Jurisdiction: electronic communications, both interstate and
foreign, including voice, video, audio and data, whether transmitted by
wire or wirelessly, and whether transmitted by telecommunications,
commercial or private mobile service, broadcast, cable, satellite,
microwave, or other mode; technology generally; emergency and public
safety communications; cybersecurity, privacy, and data security; the
Federal Communications Commission, the National Telecommunications and
Information Administration, the Emergency Communications Division in
the Department of Homeland Security; and all aspects of the above-
referenced jurisdiction related to the Department of Homeland Security.
Subcommittee on Consumer Protection and Commerce
(Ratio 14-10)
JANICE D. SCHAKOWSKY, Illinois,
Chairwoman
CATHY McMORRIS RODGERS, Washington, KATHY CASTOR, Florida
Ranking Member MARC A. VEASEY, Texas
FRED UPTON, Michigan ROBIN L. KELLY, Illinois
MICHAEL C. BURGESS, Texas TOM O'HALLERAN, Arizona
ROBERT E. LATTA, Ohio BEN RAY LUJAN, New Mexico
BRETT GUTHRIE, Kentucky TONY CARDENAS, California, Vice
LARRY BUCSHON, Indiana Chair
RICHARD HUDSON, North Carolina LISA BLUNT ROCHESTER, Delaware
EARL L. ``BUDDY'' CARTER, Georgia DARREN SOTO, Florida
GREG GIANFORTE, Montana BOBBY L. RUSH, Illinois
GREG WALDEN, Oregon DORIS O. MATSUI, California
(Ex Officio) JERRY McNERNEY, California
DEBBIE DINGELL, Michigan
FRANK PALLONE, Jr., New Jersey
(Ex Officio)
Jurisdiction: interstate and foreign commerce, including all trade
matters within the jurisdiction of the full committee; regulation of
commercial practices (the Federal Trade Commission), including sports-
related matters; consumer affairs and consumer protection, including
privacy matters; data security; consumer product safety (the Consumer
Protection Safety Commission); product liability; motor vehicle safety;
and regulation of travel, tourism, and time.
Subcommittee on Energy
(Ratio 19-14)
BOBBY L. RUSH, Illinois, Chairman
FRED UPTON, Michigan, Ranking Member SCOTT H. PETERS, California
ROBERT E. LATTA, Ohio MICHAEL F. DOYLE, Pennsylvania
CATHY McMORRIS RODGERS, Washington JOHN P. SARBANES, Maryland
PETE OLSON, Texas JERRY McNERNEY, California, Vice
DAVID B. McKINLEY, West Virginia Chair
ADAM KINZINGER, Illinois PAUL TONKO, New York
H. MORGAN GRIFFITH, Virginia DAVID LOEBSACK, Iowa
BILL JOHNSON, Ohio G.K. BUTTERFIELD, North Carolina
LARRY BUCSHON, Indiana PETER WELCH, Vermont
BILL FLORES, Texas KURT SCHRADER, Oregon
RICHARD HUDSON, North Carolina JOSEPH P. KENNEDY, III,
TIM WALBERG, Michigan Massachusetts
JEFF DUNCAN, South Carolina MARC A. VEASEY, Texas
GREG WALDEN, Oregon ANN M. KUSTER, New Hampshire
(Ex Officio) ROBIN L. KELLY, Illinois
NANETTE DIAZ BARRAGAN, California
A. DONALD McEACHIN, Virginia
TOM O'HALLERAN, Arizona
LISA BLUNT ROCHESTER, Delaware
FRANK PALLONE, Jr., New Jersey
(Ex Officio)
Jurisdiction: national energy policy; fossil energy; renewable
energy; nuclear energy; nuclear facilities; the Department of Energy;
the Nuclear Regulatory Commission; the Federal Energy Regulatory
Commission; synthetic and alternative fuels; energy conservation;
energy information; utility issues; interstate energy compacts; energy
generation, marketing, reliability, transmission, siting, exploration,
production, efficiency, cybersecurity, and ratemaking for all generated
power; pipelines; all laws, programs, and government activities
affecting energy matters, including all aspects of the above-referenced
jurisdiction related to the Department of Homeland Security.
Subcommittee on Environment and Climate Change
(Ratio 14-10)
PAUL TONKO, New York, Chairman
JOHN SHIMKUS, Illinois, Ranking MemberVETTE D. CLARKE, New York
CATHY McMORRIS RODGERS, Washington SCOTT H. PETERS, California
DAVID B. McKINLEY, West Virginia NANETTE DIAZ BARRAGAN, California
BILL JOHNSON, Ohio A. DONALD McEACHIN, Virginia
BILLY LONG, Missouri LISA BLUNT ROCHESTER, Delaware
BILL FLORES, Texas DARREN SOTO, Florida
MARKWAYNE MULLIN, Oklahoma DIANA DeGETTE, Colorado
EARL L. ``BUDDY'' CARTER, Georgia JANICE D. SCHAKOWSKY, Illinois
JEFF DUNCAN, South Carolina DORIS O. MATSUI, California
GREG WALDEN, Oregon JERRY McNERNEY, California
(Ex Officio) RAUL RUIZ, California, Vice Chair
DEBBIE DINGELL, Michigan
FRANK PALLONE, Jr., New Jersey
(Ex Officio)
Jurisdiction: the Clean Air Act and air emissions; all matters
related to soil, air, and water contamination, including Superfund and
the Resource Conservation and Recovery Act; the regulation of solid,
hazardous, and nuclear wastes, including mining, nuclear, oil, gas, and
coal combustion waste; emergency environmental response; industrial
plant security, including cybersecurity; the regulation of drinking
water (Safe Drinking Water Act), including underground injection of
fluids (e.g., deep well injection or hydrofracking); toxic substances
(Toxic Substances Control Act); noise; and all aspects of the above-
referenced jurisdiction related to the Department of Homeland Security.
Subcommittee on Health
(Ratio 19-14)
ANNA G. ESHOO, California,
Chairwoman
MICHAEL C. BURGESS, Texas, ELIOT L. ENGEL, New York
Ranking Member G.K. BUTTERFIELD, North Carolina,
FRED UPTON, Michigan Vice Chair
JOHN SHIMKUS, Illinois DORIS O. MATSUI, California
BRETT GUTHRIE, Kentucky KATHY CASTOR, Florida
H. MORGAN GRIFFITH, Virginia JOHN P. SARBANES, Maryland
GUS M. BILIRAKIS, Florida BEN RAY LUJAN, New Mexico
BILLY LONG, Missouri KURT SCHRADER, Oregon
LARRY BUCSHON, Indiana JOSEPH P. KENNEDY, III,
SUSAN W. BROOKS, Indiana Massachusetts
MARKWAYNE MULLIN, Oklahoma TONY CARDENAS, California
RICHARD HUDSON, North Carolina PETER WELCH, Vermont
EARL L. ``BUDDY'' CARTER, Georgia RAUL RUIZ, California
GREG GIANFORTE, Montana DEBBIE DINGELL, Michigan
GREG WALDEN, Oregon ANN M. KUSTER, New Hampshire
(Ex Officio) ROBIN L. KELLY, Illinois
NANETTE DIAZ BARRAGAN, California
LISA BLUNT ROCHESTER, Delaware
BOBBY L. RUSH, Illinois
FRANK PALLONE, Jr., New Jersey
(Ex Officio)
Jurisdiction: public health and quarantine; hospital construction;
mental health; biomedical research and development; health information
technology, privacy, and cybersecurity; public health insurance
(Medicare, Medicaid) and private health insurance; medical malpractice
and medical malpractice insurance; the regulation of food, drugs,
devices, cosmetics, and tobacco (the Food and Drug Administration);
drug abuse; the Department of Health and Human Services; the National
Institutes of Health; the Centers for Disease Control; Indian Health
Service; and all aspects of the above-referenced jurisdiction related
to the Department of Homeland Security.
Subcommittee on Oversight and Investigations
(Ratio 11-8)
DIANA DEGETTE, Colorado, Chair
BRETT GUTHRIE, Kentucky, JANICE D. SCHAKOWSKY, Illinois
Ranking Member JOSEPH P. KENNEDY, III,
MICHAEL C. BURGESS, Texas Massachusetts, Vice Chair
DAVID B. McKINLEY, West Virginia RAUL RUIZ, California
H. MORGAN GRIFFITH, Virginia ANN M. KUSTER, New Hampshire
SUSAN W. BROOKS, Indiana KATHY CASTOR, Florida
MARKWAYNE MULLIN, Oklahoma JOHN P. SARBANES, Maryland
JEFF DUNCAN, South Carolina PAUL TONKO, New York
GREG WALDEN, Oregon YVETTE D. CLARKE, New York
(Ex Officio) SCOTT H. PETERS, California
FRANK PALLONE, Jr., New Jersey
(Ex Officio)
Jurisdiction: responsibility for oversight of agencies,
departments, and programs related to the jurisdiction of the full
committee, and for conducting investigations.
COMMITTEE STAFF
Majority Committee Staff
Jeffrey C. Carroll, Staff Director
Tiffany Guarascio, Deputy Staff
Director
Andrew W. Souvall, Director of
Communications, Outreach, and
Member Services
Rick Kessler, Staff Director,
Energy and Environment and Senior
Policy Advisor
Christopher Knauer, Staff
Director, Oversight and
Investigations
Una Lee, Chief Health Counsel
Kimberlee R. Trzeciak, Chief
Health Advisor
Alex D. Hoehn Saric, Chief
Counsel--Communications and
Consumer Protection
Timothy R. Robinson, Chief Counsel
Waverly L. Gordon, Deputy Chief
Counsel
Sharon E. Davis, Chief Clerk
William C. Benjamin, Systems
Administrator
Elizabeth B. Ertel, Office Manager
Austin J. Flack, Staff Assistant
Evan Gilbert, Deputy Press
Secretary
Perry H. Hamilton, Deputy Chief
Clerk
Zachary L. Kahan, Outreach and
Member Services Coordinator
Elysa A. Montfort, Press Secretary
Kaitlyn D. Peel, Digital Director
Lino Pena Martinez, Staff
Assistant
Alivia P. Roberts, Press Assistant
Chloe V. Rodriguez, Deputy Chief
Clerk/Policy Analyst
Edward L. Walker, Technology
Director
Caroline E. Wood, Legislative
Assistant
CJ Young, Press Secretary
Jacqueline Cohen, Chief
Environment Counsel
Adam S. Fischer, Junior
Professional Staff Member
Jean Fruci, Policy Advisor, Energy
and Environment (retired)
Anthony J. Gutierrez, Professional
Staff Member
Caitlin Haberman, Professional
Staff Member
Brendan Larkin, Policy
Coordinator--Environment and
Climate Change
Dustin J. Maghamfar, Air and
Climate Counsel
Jourdan M. Lewis, Policy
Coordinator--Energy
John Marshall, Policy
Coordinator--Energy (resigned)
Medha Surampudy, Professional
Staff Member
Rebecca J. Tomilchik, Policy
Analyst, Energy and Environment
J. Tuley Wright, Senior Energy and
Environment Policy Advisor
Peter J. Rechter, Counsel
Mohammad Aslami, Oversight Counsel
Kevin S. Barstow, Chief Oversight
Counsel
Jesseca L. Boyer, Professional
Staff Member
Manmeet K. Dhindsa, Counsel
Judith B. Harvey, Counsel
Edward M. Kaczamarski,
Professional Staff Member
Kevin G. McAloon, Oversight
Investigator
Jon Monger, Oversight Counsel
Nikki Roy, Policy Coordinator--
Oversight and Investigations
Benjamin S. Tabor, Junior
Professional Staff Member and
Policy Analyst, Oversight
Joe Banez, Professional Staff
Member
Jacquelyn L. Bolen, Health Counsel
Kimberly L. Espinosa, Professional
Staff Member
Stephen M. Holland, Health Counsel
Saha Khaterzai, Professional Staff
Member
Aisling E. Mcdonough, Policy
Coordinator--Health
Meghan K. Mullon, Policy Analyst,
Health
Roberto Sada III, Policy
Coordinator
Samantha N. Satchell, Professional
Staff Member
Richard A. Van Buren, Health
Counsel
AJ Brown, Counsel
Jennifer L. Epperson, Counsel
Gerald B. Leverich III, Senior
Counsel
Daniel A. Miller, Junior
Professional Staff Member
Philip H. Murphy, Policy
Coordinator--Communications and
Technology
Joseph S. Orlando, Policy Analyst,
Communications and Technology
Elisa R. Goldman, Senior Counsel
Daniel M. Greene, Professional
Staff Member
Sydney L. Terry, Policy
Coordinator--Consumer Protection
and Commerce
Anna Yu, Professional Staff Member
Government Detailees
Wayne Laufert, Government
Publishing Office
Patricia Mangrum, Government
Publishing Office
Emily Ryan, Government
Accountability Office
Megan Howard, Food and Drug
Administration
Parul Desai, Federal
Communications Commission
Elisabeth Olson, Federal Energy
Regulatory Commission
Catherine Giljohann, Federal
Energy Regulatory Commission
Anne Marie Hirschberger, Federal
Energy Regulatory Commission
Minority Committee Staff
Michael D. Bloomquist, Staff
Director (retired)
Ryan C. Long, Deputy Staff
Director/Staff Director (appointed
10/05/2020)
Peter Kielty, General Counsel
Jennifer Barblan, Chief Counsel
Zach Roday, Director of
Communications
Nolan W. Ahern, Professional Staff
Member
Lorissa M. Bounds, Policy
Coordinator
Sara Katherine Bowens, Press
Secretary
William B. Clutterbuck, Staff
Assistant
Gerald S. Couri III, Deputy Chief
Counsel for Environment
Jordan Davis, Senior Advisor
Justin Discigil, Press Secretary
Theresa N. Gambo, Financial and
Office Administrator
Marissa Gervasi, Counsel
Caleb M. Graff, Deputy Chief
Counsel, Health
Tyler J. Greenberg, Staff
Assistant
Brittan Havens, Professional Staff
Member
Tiffany Haverly, Communications
Director
Molly Jenkins, Press Secretary
Bijan Koohmaraie, Deputy Chief
Counsel, Consumer Protection &
Commerce & Coalitions Director
Timothy Kurth, Chief Counsel,
Consumer Protection and Commerce
Mary K. Martin, Chief Counsel,
Energy and Environment
Brandon P. Mooney, Deputy Chief
Counsel, Energy
Catherine O'Connor, Chief Counsel,
Communications and Technology
JP Paluskiewicz, Chief Counsel
Claire M. Paoletta, Policy Analyst
Brannon T. Rains, Policy Analyst
Mark D. Ratner, Policy Coordinator
Kristin T. Seum, Counsel
Kristen E. Shatynski, Professional
Staff Member
Alan M. Slobodin, Chief
Investigative Counsel
Natalie Sohn, Counsel
Peter Spencer, Senior Professional
Staff
Callie Strock, Press Secretary
Matthew Thomas, Research Associate
Evan M. Viau, Professional Staff
Member
Everett G. Winnick, Director of
Information Technology
Government Detailees
Kristine Fargotstein, Federal
Communications Commission
Michael Engel, Federal
Communications Commission
David Brodian, Department of
Commerce
Diane Cutler, Department of Health
and Human Services, Office of the
Inspector General
COMMITTEE ORGANIZATION AND HISTORICAL NOTES
Committee Organization
The Committee on Energy and Commerce organized on January
24, 2019, the Honorable Frank Pallone, Jr. (D-NJ), presiding.
The size of the full Committee remained the same as it was in
the 115th Congress, bringing the total number of members on the
Committee to 55 (31 Democrats and 24 Republicans). Nine were
new to the Committee: Representatives Veasey of Texas, Kuster
of New Hampshire, Kelly of Illinois, Barragan of California,
McEachin of Virginia, Blunt Rochester of Delaware, Soto of
Florida, O'Halleran of Arizona, and Gianforte of Montana.
Representative Yvette D. Clarke of New York was designated as
Vice Chair for the full Committee for the 116th Congress.
In the 116th Congress, there were no changes in the
Committee membership following its organization, an exceptional
occurrence that had not happened during the previous 25 years.
During the January 24, 2019, organizational meeting, the
Committee adopted the Rules of the Committee for the 116th
Congress. The subcommittee jurisdictions, ratios, and
memberships were approved, as well. While the jurisdiction and
ratios of the subcommittees remained the same as in the 115th
Congress, two subcommittee names were changed. The new names
were the Subcommittee on Consumer Protection and Commerce, in
the 115th Congress previously named the Subcommittee on Digital
Commerce and Consumer Protection; and the Subcommittee on
Environment and Climate Change, previously named the
Subcommittee on Environment. The following members were elected
to serve as subcommittee chairs and Chairman Pallone later
designated the vice chairs of the six subcommittees:
Subcommittee on Communications and
Technology
Michael Doyle of Pennsylvania, Chairman
Doris O. Matsui of California, Vice Chair
Subcommittee on Consumer Protection and
Commerce
Janice D. Schakowsky of Illinois, Chairwoman
Tony Cardenas of California, Vice Chair
Subcommittee on Energy
Bobby L. Rush of Illinois, Chairman
Jerry McNerney of California, Vice Chair
Subcommittee on Environment and Climate
Change
Paul Tonko of New York, Chairman
Raul Ruiz of California, Vice Chair
Subcommittee on Health
Anna G. Eshoo, California, Chairwoman
G.K. Butterfield of North Carolina, Vice Chair
Subcommittee on Oversight and Investigations
Dianna DeGette of Colorado, Chair
Joseph P. Kennedy III of Massachusetts, Vice Chair
As the 116th Congress concludes, 10 committee members will
not return for the next congress due to their decision to
retire or because of electoral outcomes.
Among those leaving the House at the end of this congress
is the Honorable Greg Walden (R-OR), who serves as the full
Committee's Republican leaders and Ranking Member in the 116th
Congress. Mr. Walden was first elected to Congress in 1998 and
has served 21 years in the House of Representatives, with 19 of
those years as a Member of this Committee. From the 112th
through the 114th Congress, he served as chairman of the
Subcommittee on Communications and Technology. In the 115th
Congress, Mr. Walden was elected and served as the Chairman of
the full Committee on Energy and Commerce. In October of 2019,
Mr. Walden announced his plan to retire at the end of the 116th
Congress. At that time, Chairman Pallone noted that the
Committee on Energy and Commerce had ``a proud tradition of
bipartisanship, and during both his time as Chairman and
Ranking Member, Greg has lived up to that tradition.'' He
concluded that Mr. Walden's ``voice, ideas and leadership will
be missed in the House.''
Historical Notes
John D. Dingell, Jr. (1926-2019)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Shortly after the first session of the 116th Congress
began, and a new chairman was elected to lead the Committee on
Energy and Commerce, the committee lost a former member and
chairman, the late Honorable John D. Dingell of Michigan. Mr.
Dingell died on February 7, 2019, at the age of 92 at his home
in Dearborn, Michigan. Mr. Dingell, who retired from the House
at the end of the 113th Congress, was the longest-ever serving
member of Congress in American history, representing Michigan
for more than 59 years.
A year following Mr. Dingell's first election to the House,
he was appointed a member of this Committee in 1957, at that
time named the Committee on Interstate and Foreign Commerce.
More than two decades later, he was elected Chairman of the
Committee on Energy and Commerce. Mr. Dingell's chairmanship
encompassed the years of 1981 to 1995 and again from 2007 to
2009. In 2010, Mr. Dingell was named Chairman Emeritus of the
Committee, a title he held until his retirement in 2015.
Also, in 1995 of the 104th Congress, Mr. Dingell became the
longest continuously serving member of the House of
Representatives, making him the Dean of the House of
Representatives. As Dean of the House, Mr. Dingell gave the
oath of office to the Speaker-elect in each new Congress. His
tenure as Dean was also the longest of any other in history.
During the 20 years he held that title, Mr. Dingell swore in 10
Speakers of the House of Representatives.
In 2013, the main hearing room of the Committee on Energy
and Commerce, room 2123 of the Rayburn House Office Building,
was named the John D. Dingell Room in honor of the former
Chairman.
225th Anniversary of the Committee
On December 14, 2020, the Committee on Energy and Commerce
marked its 225th anniversary as the oldest continuous standing
committee in the House of Representatives, originally named the
Committee on Commerce and Manufactures in 1795.
More than two centuries ago, the Fourth Congress determined
to establish several permanent legislative panels, or standing
committees. The first of these standing committees to be
established was the Committee on Commerce and Manufacturers. It
was believed that such a permanent committee would better
address the multitude of petitions and memorials being
presented to the new Federal legislature. Prior to using
standing committees, the first congresses created special or
select committees that would disband once their immediate
assignments were completed. By 1795, Congress recognized its
repeated reliance on a smaller number of representatives to
finalize legislative language and produce a bill that the
Congress had considered and would subsequently pass.
Congressional founding fathers envisioned that the
establishment of a standing committee, one that endured through
each passing congress, would promote a more efficient way to
address and dispose of the congressional workload, especially
related to the Commerce Clause of the Constitution. It was
further expected that having a committee with a more stable
membership of representatives would, over time, not only allow
those members to gain experience with and knowledge about
matters under the Committee's jurisdiction, but also carry out
their work more efficiently and effectively to present a
legislative measure to the entire Congress. Over the centuries,
the system of standing committees has remained a key function
of House of Representatives in lawmaking and government
oversight and has proven to be the workhorse of the Congress.
The Committee and the Covid-19 Pandemic of 2020
Shortly after the start of the second session of the 116th
Congress, the first case of the coronavirus disease of 2019
(COVID-19) in the United States was reported by the Centers for
Disease Control and Prevention (CDC) on January 21, 2020. Ten
days later on January 31, the Secretary of the Department of
Health and Human Services (HHS) declared the disease a public
health emergency. The first death in the United States of an
individual known to have COVID-19 occurred on February 6. The
World Health Organization declared the disease a pandemic on
March 11, and on March 13, President Trump declared a national
emergency.
As a result of the spreading national COVID-19 pandemic,
the Committee on Energy and Commerce staff was instructed to
begin the unprecedented actions of working remotely from their
homes beginning on March 16, 2020, which continued through the
end of the 116th Congress. The Capitol complex and the House
office buildings were closed to the public. No hearings or
markups were held from that point on until late May.
At the direction of Chairman Pallone, the committee staff
began work to determine the best tools available to enable its
members to safely convene and work together on the important
issues under the Committee's jurisdiction, especially in the
area of public health.
With the goal of safeguarding the health and wellbeing of
the American people, Chairman Pallone further directed
committee staff to prepare a series of fact sheets for the
Committee's website as well as for use as a shared resource not
only by Members of Congress but also for the public at large.
These COVID-19 fact sheets (https://energycommerce.house.gov/
covid-19-responses) were prepared on a range of topics related
to the pandemic, including information on what a national
emergency declaration means; the availability of testing by
State; shortages of personal protective equipment and medical
supplies; vaccine development and how will it be distributed;
and a number of links to government websites where individuals
can file claims or receive further information. The fact sheets
also included information about the Committee's ongoing
activity to oversee and question the White House Coronavirus
Task Force and other Federal agencies regarding what was being
done to develop a national COVID-19 strategy and its
deployment.
During the spring of 2020, the House leadership worked on
revising the House rules to allow remote work on the House
floor and in committees during the pandemic. At the same time,
this Committee focused on how it would work during the
pandemic, starting with its majority and minority caucuses
holding discussions that contributed to determining the
priority issues relating to the pandemic. The Committee
Chairman and Ranking Minority Member then began holding
bipartisan forums through teleconferencing to share information
on the COVID-19 pandemic. These forums usually included an
individual or government official with expertise on the
pandemic. This type of forum was later held on other issues
within the Committee's jurisdiction.
Meanwhile, the committee staff researched and obtained the
technology needed to conduct remote meetings, hearings, and
markups with video conferencing software. The committee members
and staff received practice sessions on using this equipment in
preparation for the transition to virtually conducting
committee business.
There was one subcommittee hearing held in May 2020, prior
to adoption of House rules for remote House activities. That
hearing, although held in-person, utilized social distancing as
determined by the Architect of the Capitol and followed the
guidelines of the CDC and the Attending Physician of the
Capitol to ensure participant safety and avoid transmission of
the novel virus.
By June of 2020, the House of Representatives approved
changes to the House rules enabling committees to conduct fully
remote virtual hearings and markups. Committees also had the
option of holding a hybrid hearing, which allowed committee
members to choose whether to attend remotely or in-person. The
Committee continued to enforce the CDC and Attending Physician
of the Capitol guidelines for this type of hearing. Hybrid
hearings were necessary as the Trump Administration only
permitted its department officials to testify in person. Except
for those instances, Chairman Pallone, as a matter of public
health, only allowed virtual hearings and markups to be held
for the remainder of the 116th Congress. From the point of the
adoption of the House remote work rules, the Committee on
Energy and Commerce held 17 virtual hearings and two hybrid
hearings during the second session. The Committee also held two
virtual full Committee markup sessions that favorably approved
a total of 68 measures to the House. Finally, for the first
time, the Committee on Energy and Commerce filed House reports
electronically with the Clerk of the House on a total of 51
bills and resolutions approved for House consideration.
Legislative and Oversight Activity of the Committee
Statistical Summary of Committee Activities
Total Bills and Resolutions Referred to Committee................2,222*
Public Laws...................................................... 26
Bills and Resolutions Reported to the House...................... 95
Hearings Held:
Days of Hearings............................................. 129
Full Committee........................................... 4
Subcommittee on Consumer Protection and Commerce......... 19
Subcommittee on Communications and Technology............ 17
Subcommittee on Energy................................... 17
Subcommittee on Environment and Climate Change........... 25
Subcommittee on Health................................... 30
Subcommittee on Oversight and Investigations............. 21
Hours of Sitting.............................................361:13
Full Committee........................................... 18:58
Subcommittee on Consumer Protection and Commerce......... 49:12
Subcommittee on Communications and Technology............ 46:12
Subcommittee on Energy................................... 23:27
Subcommittee on Environment and Climate Change........... 65:19
Subcommittee on Health...................................106:15
Subcommittee on Oversight and Investigations............. 54:45
Legislative Markups:
Days of Markups.............................................. 23
Full Committee........................................... 8
Subcommittee on Consumer Protection and Commerce......... 2
Subcommittee on Communications and Technology............ 4
Subcommittee on Energy................................... 3
Subcommittee on Environment and Climate Change........... 2
Subcommittee on Health................................... 4
Hours of Sitting............................................. 83:47
Full Committee........................................... 59:45
Subcommittee on Consumer Protection and Commerce......... 01:25
Subcommittee on Communications and Technology............ 07:04
Subcommittee on Energy................................... 04:02
Subcommittee on Environment and Climate Change........... 04:16
Subcommittee on Health................................... 07:15
Business Meetings:
Days of Meetings............................................. 1
Full Committee........................................... 1
Subcommittee on Oversight and Investigations............. 0
Hours of Sitting............................................. 00:28
Full Committee........................................... 00:28
Subcommittee on Oversight and Investigations............. 0
----------
*As of December 28, 2020. (H.R. 9056)
LEGISLATIVE AND OVERSIGHT ACTIVITY OF THE COMMITTEE
Summary
The full Committee and its six subcommittees were extremely
active during the 116th Congress and had a significant record
of achievement. Of the 2,222 bills referred to the Committee,
at least 27 measures became law, and many additional
legislative measures were pending action by the President as a
result of the Committee's work when this report was filed. The
full Committee and its subcommittees held a combined total of
129 hearings and 23 markups.
As the Nation confronted the unprecedented public health
crisis of the coronavirus disease of 2019 (COVID-19) pandemic
and the resulting severe economic downturn, the Committee
worked expeditiously on the following measures that were
enacted into law:
The Families First Coronavirus Response Act
included provisions that guaranteed all Americans have
access to coronavirus testing free of charge and
expanded Federal funding for State and territorial
Medicaid programs;
The Coronavirus Aid, Relief, and Economic
Security (CARES) Act provided assistance to the
American people, health care workers, hospitals, small
businesses, and State, local, Tribal and territorial
governments, as well as funding for research and
development of vaccines and therapeutics; and
The Paycheck Protection Program and Health
Care Enhancement Act included funding for testing and
contact tracing, as well as funding to reimburse
hospitals and health care providers for COVID-19
expenses and losses.
Other key accomplishments included crafting legislation
through the Committee that was enacted into law, including
legislation that will:
End surprise medical bills by holding
patients harmless when they receive a surprise bill
from an out-of-network health care provider.
Phase down the production and consumption of
hydrofluorocarbons, a greenhouse gas, in order to avoid
up to 0.5 degree Celsius of warming.
Update the Federal pipeline safety program
to better protect our communities and help combat
climate change by mandating the repair of methane
leaks.
Provide long-term extensions of expiring
public health programs, including Community Health
Centers, the National Health Service Corps, Teaching
Health Centers, and Special Diabetes Programs.
Stop the onslaught of annoying robocalls by
requiring carriers to offer call-authentication
technology to consumers at no additional charge to
enable consumers to block calls they don't want.
Protect consumers from scammers who are
exploiting the COVID-19 pandemic to commit fraud.
Improve America's broadband maps to promote
the deployment of high-speed service to Americans
living in unserved and underserved areas.
Secure America's wireless future to better
serve all Americans and guarantee our networks are
secure from foreign adversaries that may wish to do us
harm.
Protect consumers from dangerous products
and ensure the Consumer Product Safety Commission acts
quickly to enforce the law and educate consumers about
common household dangers.
Further the march toward our clean energy
future by helping Federal, State, and local officials
use renewable power, make facilities more energy
efficient and acquire zero emissions vehicles and the
infrastructure to fuel them.
The Committee also crafted legislation through the
Committee that will:
Enhance the Affordable Care Act to make
health care more affordable and accessible, and protect
people with pre-existing conditions.
Make prescription drugs more affordable by
empowering the Federal Government to negotiate the
price of prescription drugs and capping out-of-pocket
costs for seniors.
Rebuild America through a comprehensive
infrastructure package that combats climate change,
expands broadband access, and protects public health
and the environment.
Restore a free and open internet to spark
innovation and protect small businesses by reversing
the Federal Communications Commission's repeal of net
neutrality protections.
Protect consumers and workers by banning the
manufacture, import, processing, and distribution of
asbestos, which kills nearly 40,000 Americans every
year.
Enhance the security of our electric grid
and other energy infrastructure by protecting them
against cyberattacks.
Stop the youth tobacco epidemic by raising
the minimum purchase age, prohibiting flavors in
tobacco products, and protecting kids from predatory
marketing.
Protect consumers from PFAS contamination
and exposure through a protective drinking water
standard, ensuring contaminated sites are cleaned up,
and establishing a new grant program to filter the
chemicals out of Americans' drinking water.
In January 2020, after holding 15 hearings addressing the
climate crisis, the Committee released the draft Climate
Leadership and Environmental Action for our Nation's (CLEAN)
Future Act--a comprehensive proposal of sector-specific and
economy-wide solutions to address the climate crisis by
achieving net-zero greenhouse gas pollution.
The Committee's oversight and investigative efforts were as
robust as its legislative efforts, including:
Scrutinizing the Administration's failures
in its response to the COVID-19 pandemic.
Examining how vaccine manufacturers are
spending billions in Federal dollars and partnering
with the Federal Government for COVID-19 vaccine
development, manufacturing, and equitable distribution.
Overseeing Federal agencies' efforts to turn
the tide against the opioid epidemic.
Demanding answers from manufacturers and
pharmacy middlemen on the skyrocketing price of
insulin.
Examining the role of the Department of
Health and Human Services in carrying out the
Administration's inhumane family separation policy.
Investigating the rise of youth vaping in
America, the Food and Drug Administration's response,
and e-cigarette manufacturers' impact on public health.
Questioning the Environmental Protection
Agency's (EPA) lack of enforcement of environmental
violations and its troubling reliance on industry self-
reporting, particularly during COVID-19.
Scrutinizing EPA's efforts to rollback
pollution protections and dismiss independent science
by removing independent scientific experts and
undermining protections against mercury air toxics and
automobile emissions;
Examining the Department of Energy's (DOE)
nuclear waste cleanup efforts and skyrocketing
environmental liabilities.
Investigating Short-Term Insurance Plans
that put consumers' health at risk.
Full Committee on Energy and Commerce
Legislative Activities
Leading Infrastructure For Tomorrow's America Act or LIFT America Act
H.R. 2741
To rebuild and modernize the Nation's infrastructure to
expand access to broadband and Next Generation 9-1-1,
rehabilitate drinking water infrastructure, modernize the
electric grid and energy supply infrastructure, redevelop
brownfields, strengthen health care infrastructure, create
jobs, and protect public health and the environment, and for
other purposes.
Summary
The ``Leading Infrastructure For Tomorrow's America Act'',
or LIFT America Act, sets out five years of funding for
essential infrastructure improvements, job growth, and greater
protections for public health and the environment. The LIFT
America Act includes investments in several key areas
including: $40 billion for the deployment of secure and
resilient broadband to expand access for communities nationwide
while promoting security by design; $22.56 billion for drinking
water infrastructure to protect public health and create jobs,
including increased investment in drinking water State
Revolving Funds and additional funding to replace lead service
lines, address lead in school drinking water, and prepare for
the effects of climate change; more than $17 billion for energy
infrastructure, including $4 billion for modern, secure,
efficient, and resilient electric grid infrastructure, $9
billion for resilient and renewable energy supply, including
methane pipeline replacement, and more than $4 billion for
energy efficiency efforts and smart communities; more than $3
billion for healthcare infrastructure, to revive the successful
Hill-Burton hospital infrastructure program, fund medical
facilities in Indian Country, support State labs on the
frontlines of fighting Zika and other infectious diseases, and
expand community based health care facilities; and $2.7 billion
for Brownfields redevelopment to revitalize communities and
create jobs by returning valuable land to productive use.
The LIFT America Act will invest in programs with proven
records of job creation, including the drinking water State
Revolving Fund and the Brownfields Redevelopment program. The
legislation requires the use of American made iron and steel
for drinking water projects and hospital construction and
requires the payment of prevailing wages. The bill will also
spur new high-paying technology jobs by supporting deployment
of smart buildings, smart grid, and Smart Communities
technology.
The LIFT America Act also provides much-needed funding to
repair and replace aging infrastructure that will have
significant public health benefits, especially for children.
The bill includes funding to get lead out of school drinking
water, replace polychlorinated biphenyl (PCB)-laden lighting
fixtures with safer and more energy efficient alternatives in
schools, and reduce diesel emissions from school buses.
Legislative History
On May 15, 2019, H.R. 2741 was introduced by Representative
Pallone (NJ-06) and referred to the Committee on Energy and
Commerce, and in addition to the Committees on Natural
Resources, Science, Space, and Technology, Ways and Means,
Transportation and Infrastructure, and Education and Labor.
On May 22, 2019, the Committee on Energy and Commerce held
a legislative hearing on H.R. 2741. The witnesses included
Mignon L. Clyburn, Principal, MLC Strategies, LLC; John
Auerbach, MBA, President and CEO, Trust for America's Health;
Jessica Eckdish, Legislative Director, BlueGreen Alliance; the
Honorable Brian Wahler, Mayor, Piscataway Township New Jersey,
on behalf of the U.S. Conference of Mayors; Daniel Lyons,
Visiting Fellow, American Enterprise Institute (AEI); and
Christopher Guith, Acting President, Global Energy Institute,
U.S. Chamber of Commerce.
No further action was taken on H.R. 2741 in the 116th
Congress.
OVERSIGHT ACTIVITIES
Oversight of the Trump Administration's Response to the COVID-19
Pandemic
On June 23, 2020, the Committee on Energy and Commerce held
a hearing entitled ``Oversight of the Trump Administration's
Response to the COVID-19 Pandemic.'' The purpose of the hearing
was to review the Trump Administration's response to the COVID-
19 pandemic to better understand what efforts are working, what
still needs to be improved, and what more can Congress do to
help. The witnesses included Anthony Fauci, M.D., Director,
National Institute for Allergy and Infectious Diseases,
National Institutes of Health; Adm. Brett P. Giroir, M.D.,
Assistant Secretary for Health, U.S. Department of Health and
Human Services; Stephen M. Hahn, M.D., Commissioner, U.S. Food
and Drug Administration; and Robert R. Redfield, M.D.,
Director, Centers for Disease Control and Prevention.
Addressing the Urgent Needs of Our Tribal Communities
On July 8, 2020, the Committee on Energy and Commerce held
a hearing entitled ``Addressing the Urgent Needs of Our Tribal
Communities.'' The purpose of the hearing was to examine the
growing health, environmental, and accessibility needs of
tribal communities across the country. The witnesses included
Charles Grim, D.D.S., M.H.S.A., Secretary, Chickasaw Nation
Department of Health; Jonathan Nez, President, Navajo Nation;
the Honorable Christine Sage, Chairman, Southern Ute Indian
Tribe; Fawn Sharp, President, National Congress of American
Indians; and Pilar M. Thomas, Partner, Quarles & Brady LLP.
Member Day
On July 25, 2019, the Committee on Energy and Commerce held
a hearing entitled ``Member Day.'' The purpose of the hearing
was to offer the opportunity for all Members of the House of
Representatives to highlight specific legislation or issues of
importance to them, their constituents, and districts.
The witnesses appearing before the Committee on Member Day
included the following Members of the U.S. House of
Representatives: Anthony Brindisi (NY-22), Ed Case (HI-01),
Elissa Slotkin (MI-08), Bill Pascrell, Jr. (NJ-09), Sanford
Bishop, Jr. (GA-02), Mark Takano (CA-41), Ted Lieu (CA 33),
Marcy Kaptur (OH 09), Glenn Grothman (WI 6), Dean Phillips (MN-
03), Mike Levin (CA-49), Sean Casten (IL-06), Deb Haaland (NM-
1), David Schweikert (AZ-06), Donna Shalala (FL-27), Bonnie
Watson Coleman (NJ-12), Grace Meng (NY-06), Lucy McBath (GA-
06), Gregorio Kilili Camacho Sablan (MP-00), Grace Napolitano
(CA-32), Andy Levin (MI-09), Daniel Lipinski (IL-03), Lucille
Roybal-Allard (CA-40), Jaime Herrera Beutler (WA-03), David
Trone (MD-06), Eric Swalwell (CA-15), Jared Golden (ME-02),
Rosa DeLauro (CT-03), James P. McGovern (MA-02), Jenniffer
Gonzalez-Colon (PR-00), Xochitl Torres Small (NM-2), Tom
Malinowski (NJ-07), Derek Kilmer (WA-06), Abby Finkenauer (IA-
01), Rob Wittman (VA-01), Steve Cohen (TN-09), Troy Balderson
(OH-12), Antonio Delgado (NY-19), Vicente Gonzalez (TX-15),
Susan Wild (PA-07), Bruce Westerman (AR-04), Kevin Hern (OK-
01), Fred Keller (PA-12), Stacey Plaskett (VI-00), Christopher
Smith (NJ-04), Eliot L. Engel (NY-16), Gwen Moore (WI-04),
Jimmy Gomez (CA-34), Jamie Raskin (MD-08), Doug Collins (GA-
09), Elijah E. Cummings (MD-07) and C.A. Dutch Ruppersberger
(MD-02). The Committee also received testimony from the
following Members of the House of Representatives on behalf of
the House Congressional Auto Caucus: Mike Kelly (PA-16) and
Marcy Kaptur (OH-09).
Subcommittee on Consumer Protection and Commerce
LEGISLATIVE ACTIVITIES
Further Consolidated Appropriations Act, 2020
PUBLIC LAW 116-94 (H.R. 1865, H.R. 3851)
Making further consolidated appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
Division 1, title VIII of this legislation incorporated the
Brand USA Extension Act. This legislation extends funding for
Brand USA through fiscal year 2027 and increases the fee on
foreign visitors used to partially fund the program. In
addition, it reduces the percentage of in-kind contributions
from the private sector that can count towards public matching
funds; clarifies the qualifications for the members on the
board of directors for Brand USA; clarifies additional methods
by which Brand USA may carry out its duties; and adds
additional transparency and accountability measures.
Legislative History
On July 18, 2019, H.R. 3851, the Brand USA Extension Act,
was introduced by Representative Welch (VT-00) and referred to
the Committee on Energy and Commerce, and in addition to the
Committee on Homeland Security. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on July 22, 2019.
On October 29, 2019, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on two
bills, including H.R. 3851. The witnesses included Christopher
L. Thompson, President and CEO, Brand USA; Tori Barnes,
Executive Vice President, U.S. Travel Association; and Aaron J.
Burstein, Partner, Wilkinson Barker Knauer LLP.
On November 14, 2019, the Subcommittee met in open markup
session to consider H.R. 3851 and forwarded the bill to the
Committee on Energy and Commerce, amended, by a voice vote.
On November 19, 2019, the Committee met in open markup
session to consider H.R. 3851, as amended by the Subcommittee,
and ordered the bill favorably reported to the House, as
amended, by a voice vote.
On January 13, 2020, the Committee on Energy and Commerce
reported H.R. 3851, as amended, to the House (H. Rept. 116-376)
and the bill was placed on the Union Calendar (Calendar No.
299).
No further action was taken on H.R. 3851 in the 116th
Congress. For further action on the legislation, see the
following actions taken on H.R. 1865, for which provisions of
H.R. 3851 were incorporated.
On March 25, 2019, H.R. 1865, the National Law Enforcement
Museum Commemorative Coin Act, was introduced by Representative
Bill Pascrell, Jr. and referred to the Committee on Financial
Services.
On October 28, 2019, H.R. 1865 was considered in the House
under a motion to suspend the Rules, and the bill, without
amendment, was passed by a voice vote.
On October 29, 2019, H.R. 1865 was received in the Senate
and read twice.
On November 12, 2019, H.R. 1865 was considered in the
Senate, and the bill, as amended, was passed by unanimous
consent.
On December 17, 2019, H.R. 1865, now amended to be the
Further Consolidated Appropriations Act of 2020, was considered
in the House pursuant to the provisions of H. Res. 765, and the
bill, with a House amendment to the Senate amendment thereto,
was passed by a recorded vote of 297 yeas and 120 nays (Roll
Call No. 689).
On December 17 and 19, 2019, H.R. 1865 was received and
considered in the Senate, and the bill, without further
amendment, was passed by a recorded vote of 71 yeas and 23 nays
(Roll Call No. 415).
On December 20, 2019, H.R. 1865 was signed into law by the
President (Public Law 116-94).
To Extend the Undertaking Spam, Spyware, and Fraud Enforcement With
Enforcers Beyond Borders Act of 2006, and for Other Purposes
PUBLIC LAW 116-173 (H.R. 4779)
To extend the Undertaking Spam, Spyware, And Fraud
Enforcement With Enforcers beyond Borders Act of 2006 (U.S.
SAFE WEB Act), and for other purposes.
Summary
The bill reauthorizes the U.S. SAFE WEB Act through fiscal
year 2027. It would also require the Federal Trade Commission
to issue a report to Congress describing the Commission's use
of and experience with the authority granted by the U.S. SAFE
WEB Act.
Legislative History
On October 22, 2019, H.R. 4779 was introduced by
Representative Rodgers (WA-05), and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Consumer Protection and Commerce on October
23, 2019.
On October 24, 2019, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on two
bills, including H.R. 4779. The witnesses included Christopher
L. Thompson, President and CEO, Brand USA; Tori Barnes,
Executive Vice President, U.S. Travel Association; and Aaron J.
Burstein, Partner, Wilkinson Barker Knauer LLP.
On November 14, 2019, the Subcommittee met in open markup
session to consider H.R. 4779, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a voice
vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 4779 and ordered
the bill reported favorably to the House, without amendment, by
a voice vote.
On December 16, 2019, the Committee on Energy and Commerce
reported H.R. 4779, without amendment, to the House (H. Rept.
116-351) and the bill was placed on the Union Calendar
(Calendar No. 280). That same day, H.R. 4779 was considered in
the House under a motion to suspend the Rules and the bill, as
amended, was passed by a voice vote.
On December 17, 2019, the Senate received H.R. 4779, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation. On September 24,
2020, the Senate Committee on Commerce, Science, and
Transportation was discharged from consideration of the bill by
unanimous consent. That same day, H.R. 4779 was considered in
the Senate and passed, without amendment, by a voice vote.
On October 20, 2020, H.R. 4779 was signed into law by the
President (Public Law 116-173).
The Consolidated Appropriations Act, 2021
PUBLIC LAW 116-__
(H.R. 133, H.R. 806, H.R. 1754, H.R. 9038, H.R. 8132, H.R. 8134, H.R.
2647)
Making consolidated appropriations for the fiscal year
ending September 30, 2021, providing coronavirus emergency
response and relief, and for other purposes.
Summary
Section 901 of H.R. 133 incorporates H.R. 806, the Portable
Fuel Container Safety Act. The legislation requires the CPSC to
promulgate a final rule to require flame mitigation devices in
portable fuel containers that impede the propagation of flame
into the container. It also directs the CPSC to conduct an
education campaign to alert consumers to the dangers of using
or storing portable fuel containers near ignition sources and
amends the Children's Gasoline Burn Prevention Act to expand
existing child-resistance requirements for closures for
portable gasoline containers to include portable kerosene and
diesel fuel containers and component parts.
Section 1201 of H.R. 133 incorporates H.R. 1754, the
Horseracing Integrity and Safety Act. This legislation
establishes minimum standards for an anti-doping and medication
control program, racing surfaces, pre-race inspections, equine
medical directors, workout requirements and safety stewards.
Further, it provides federal recognition and enforcement power
to the Horseracing Integrity and Safety Authority for purposes
of developing and implementing both a horse racing anti-doping
and medication control program and a racetrack safety program.
Section 1401 of H.R. 133 incorporates H.R. 9038, the COVID-
19 Consumer Protection Act. The legislation grants authority to
the Federal Trade Commission (FTC) to seek civil penalties for
unfair and deceptive practices associated with the treatment,
cure, prevention, mitigation, or diagnosis of COVID-19 or a
government benefit related to COVID-19.
Section 1501 of H.R. 133 incorporates H.R. 8132, the
American Competitiveness Of a More Productive Emerging Tech
Economy (American COMPETE) Act. This legislation directs the
Department of Commerce and the FTC to conduct studies and
submit reports on technologies including artificial
intelligence, the Internet of Things, quantum computing,
blockchain, advanced materials, unmanned delivery services, and
3-D printing. The studies include requirements to survey each
industry and report recommendations to help grow the economy
and safely implement the technology.
Section 2001 of H.R. 133 incorporates H.R. 8134, the
Consumer Product Safety Inspection Enhancement Act. This
legislation directs the Consumer Product Safety Commission
(CPSC) to increase the number of inspectors at ports of entry
for the duration of the COVID-19 pandemic. It also directs the
CPSC to hire at least 16 additional full-time equivalent
personnel stationed at or supporting efforts at ports of entry,
including ports of entry for de minimis shipments, and to add
additional staffing every year until staffing needs are met.
This section also directs the CPSC to study and report to
Congress regarding the effects of the COVID-19 pandemic on port
inspections and the prevalence of and efforts to target
violative consumer products entering the United States as de
minimis shipments and from certain high-risk countries.
Section 2101 of H.R. 133 incorporates H.R. 2647, the Safer
Occupancy Furniture Flammability Act (SOFFA). This legislation
adopts the California upholstered furniture flammability
standard as the federal standard for upholstered furniture. The
new standard will protect consumers from the risk of
upholstered furniture fires and reduce unnecessary consumer
exposure to flame-retardant chemicals, which have been
associated with adverse health effects.
Legislative History
On January 3, 2019, H.R. 133 was introduced by
Representative Cuellar (TX-28), and referred to the Committee
on Foreign Affairs. On January 10, 2019, the House considered
H.R. 133 under a motion to suspend the Rules and passed H.R.
133 by a voice vote. On January 15, 2020, the Senate passed
H.R. 133, amended, by unanimous consent.
On December 21, 2020, the House passed an amendment to the
Senate amendment to H.R. 133 with a portion of amendment
comprising divisions B, C, E, and F by a recorded vote of 327
yeas and 85 nays (Roll no. 250) and an amendment to the Senate
amendment to H.R. 133 (except divisions B, C, E, and F) by a
recorded vote of 359 yeas and 53 nays (Roll no. 251). That same
day, the House passed the Senate amendment to H.R. 133,
amended, by unanimous consent.
On December 21, 2020, the Senate passed the House amendment
to the Senate amendment to H.R. 133 by a recorded vote of 92
yeas to 6 nays (Recorded Vote Number: 289). On December 24,
2020, H.R. 133 was presented to the President. On December 27,
2020, the President signed H.R. 133 into law. The Public Law
number had not been assigned when this report was filed.
H.R. 133 includes provisions from the following bills: H.R.
806, the Portable Fuel Container Safety Act, introduced by
Representative Thompson (CA-05); H.R. 1754, the Horseracing
Integrity and Safety Act of 2020, introduced by Representative
Tonko (NY-20); H.R. 9038, To prohibit deceptive acts or
practices in connection with public health emergencies
resulting from COVID-19, introduced by Representative
Schakowsky (IL-09); H.R. 8132, the American COMPETE Act,
introduced by Representative Rodgers; H.R. 8134, the Consumer
Product Safety Inspection Enhancement Act, introduced by
Representative Schakowsky; and H.R. 2647, the Safer Occupancy
Furniture Flammability Act, introduced by Representative Matsui
(CA-06).
Moving Forward Act
H.R. 2 (H.R. 6284, H.R. 6256, H.R. 4354, H.R. 4708)
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Summary
Section 32003 of H.R. 2 incorporates H.R. 6284, the ``21st
Century Smart Cars Act''. This legislation requires the
National Highway Traffic Safety Administration (NHTSA) to
require all new passenger motor vehicles to be equipped with
advanced driver assistance systems and establish minimum
performance standards these systems. The Administrator is also
directed to update safety standards applicable to headlamps and
issue a final rule to require clear and concise information
about the capabilities and limitations of vehicles with
advanced driver assistance systems.
Section 32004 of H.R. 2 incorporates H.R. 6256, the ``Five-
Stars for Safe Cars Act'', which directs NHTSA to update the
New Car Assessment Program to account for advances in advanced
driver assistance systems, crashworthiness protections, and
other automobile safety features.
Section 32005 of H.R. 2 incorporates H.R. 4354, the
``Honoring Abbas Family Legacy to Terminate Drunk Driving
Act'', which mandates that NHTSA require all new passenger
motor vehicles to be equipped with passive alcohol detection
systems and establish minimum standards for those systems.
Section 32006 of H.R. 2 incorporates H.R. 4708, the
``Safety, Accountability, and Federal Enforcement of Limos
Act'', which requires that new limousines have seatbelts for
every seating position, meet safety requirements for seat
strength and integrity, and be equipped with evaluation exits.
Further, limousine remodelers converting used vehicles into
limousines are required to adhere to Federal safety standards
and develop safety plans. The legislation also requires
limousine operators to disclose the date of an inspection, the
results of an inspection, and any corrective actions taken to
pass inspection and directs NHTSA to research side impact
protection, roof crush resistance, and air bag systems for
limousines.
Legislative History
On June 11, 2020, H.R. 2 was introduced by Representative
DeFazio (OR-04) and referred to the Committee on Transportation
and Infrastructure.
On July 1, 2020, H.R. 2 was considered in the House
pursuant to the provisions of H. Res. 1028 and the bill, as
amended, was passed by a recorded vote of 233 yeas to 188 nays
(Roll Call No. 138).
On July 20, 2020, H.R. 2 was received in the Senate.
No further action was taken on H.R. 2 in the 116th
Congress.
On March 13, 2020, H.R. 6284, the ``21st Century Smart Cars
Act'', was introduced by Representative Schakowsky and referred
to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on March 16, 2020.
On March 12, 2020, H.R. 6256, the ``Five-Stars for Safe
Cars Act'', was introduced by Representative Pallone and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on March 13, 2020.
On September 17, 2019, H.R. 4354, the ``Abbas Family Legacy
to Terminate Drunk Driving Act'', was introduced by
Representative Dingell (MI-12) and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Oversight and Reform. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on September
18, 2019.
On October 16, 2019, H.R. 4708, the SAFE Limo Act, was
introduced by Representative Tonko and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on October 17, 2019.
No further action was taken on H.R. 6284, H.R. 6256, H.R.
4354, and H.R. 4354 in the 116th Congress. The provisions of
these bills were included in H.R. 2.
U.S. Senator Joseph D. Tydings Memorial Prevent All Soring Tactics Act
of 2019
H.R. 693
To amend the Horse Protection Act to designate additional
unlawful acts under the Act, strengthen penalties for
violations of the Act, improve Department of Agriculture
enforcement of the Act, and for other purposes.
Summary
This legislation establishes a new system for inspecting
horses for soring, which includes various actions taken on
horses' limbs to produce higher gaits that may cause pain,
distress, inflammation, or lameness. The United States
Department of Agriculture (USDA) must license, train, assign,
and oversee persons for hire by the management of horse shows,
exhibitions, sales, or auctions to detect and diagnose sore
horses. A license may not be issued to a person with conflicts
of interest, and the USDA must give preference to
veterinarians. The USDA may revoke a license for unsatisfactory
performance.
In addition, the bill increases penalties for violations.
The USDA is permitted to disqualify violators from activities
related to horse shows, exhibitions, sales, and auction and
prevent a horse that is sore from being shown or exhibited.
Legislative History
On January 22, 2019, H.R. 693 was introduced by
Representative Schrader (OR-05) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Consumer Protection and Commerce on January
25, 2019.
On May 23, 2019, Representative Schrader filed a motion to
place the bill on Consensus Calendar. On July 19, 2019, H.R.
693 was placed the Consensus Calendar (Calendar No. 3).
On July 24, 2019, H.R. 693 was considered in the House
under a motion to suspend of the Rules and the bill, as
amended, was passed by a recorded vote of 333 yeas and 96 nays
(Roll no. 510).
On July 29, 2019, H.R. 693 was received in the Senate, read
twice, and referred to the Committee on Commerce, Science, and
Transportation.
No further action was taken on H.R. 693 in the 116th
Congress.
Portable Fuel Container Safety Act of 2019
H.R. 806
To require compliant flame mitigation devices to be used on
portable fuel containers for flammable liquid fuels, and for
other purposes.
Summary
This legislation directs the Consumer Product Safety
Commission (CPSC) to issue a mandatory standard that requires
flame mitigation devices in portable fuel containers to prevent
death or injuries from flame-jetting. It further directs the
CPSC to conduct an education campaign to alert consumers to the
dangers of using or storing portable fuel containers near
ignition sources. The legislation also amends the Children's
Gasoline Burn Prevention Act to expand existing child-
resistance requirements for closures for portable gasoline
containers to include portable kerosene and diesel fuel
containers and component parts.
Legislative History
On October 22, 2019, H.R. 806 was introduced by
Representative Thompson (CA-05) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Consumer Protection and Commerce on January
29, 2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills,
including H.R. 806. The witnesses included Will Wallace,
Manager, Home & Products Policy, Consumer Reports; Crystal
Ellis, Founding Member, Parents Against Tip-Overs; Chris
Parsons, President, Minnesota Professional Fire Fighters; and
Charles A. Samuels, Member, Mintz.
On July 10, 2019, the Subcommittee met in open markup
session to consider H.R. 806 and the bill was forwarded to the
Committee on Energy and Commerce, amended, by a voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 806, as amended by the
Subcommittee, and subsequently ordered H.R. 806 reported
favorably to the House, as amended, by a voice vote.
On September 13, 2019, the Committee on Energy and Commerce
reported H.R. 806, as amended, to the House (H. Rept. 116-207)
and the bill was placed on the Union Calendar (Calendar No.
164).
On September 17, 2019, H.R. 806 was considered in the House
under a motion to suspend the Rules and the bill, as amended,
was passed by a voice vote.
On September 18, 2019, the bill was received in the Senate,
read twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 806 in the 116th
Congress. Provisions of this bill were incorporated into H.R.
133, which became public law.
Nicholas and Zachary Burt Carbon Monoxide Poisoning Prevention Act of
2019
H.R. 1618
To encourage states to require the installation of
residential carbon monoxide detectors in homes, and for other
purposes.
Summary
This legislation directs the CPSC to establish a grant
program for States to purchase and install carbon monoxide
detectors in dwelling units of low-income families or the
elderly; facilities that commonly serve children or the
elderly, including childcare facilities, public schools, and
senior centers; or student dorms owned by public universities,
and to assist in enforcement and education efforts related to
carbon monoxide detectors.
Legislative History
On March 7, 2019, H.R. 1618 was introduced by
Representative Kuster (NH-02), and referred to the Committee on
Energy and Commerce, in addition to the Committee on House
Administration. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on March 8,
2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills,
including on H.R. 1618. The witnesses included Will Wallace,
Manager, Home & Products Policy, Consumer Reports; Crystal
Ellis, Founding Member, Parents Against Tip-Overs; Chris
Parsons, President, Minnesota Professional Fire Fighters; and
Charles A. Samuels, Member, Mintz.
On July 10, 2019, the Subcommittee met in open markup
session, to consider H.R. 1618 and forwarded the bill, amended,
to the Committee on Energy and Commerce by a voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1618, as amended by the
Subcommittee, and ordered the bill reported favorably to the
House, as amended, by a voice vote.
On September 16, 2019, the Committee on Energy and Commerce
reported H.R. 1618 to the House (H. Rept. 116-208). The next
day, H.R. 1618 was considered in the House under suspension of
the rules and passed, as amended, by a voice vote.
On September 18, 2019, the Senate received H.R. 1618, read
the bill twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 1618 in the 116th
Congress.
Horseracing Integrity and Safety Act of 2020
H.R. 1754
To improve the integrity and safety of horseracing by
requiring a uniform anti-doping and medication control program
to be developed and enforced by an independent Horseracing
Anti-Doping and Medication Control Authority.
Summary
This bill would improve the integrity and safety of
horseracing by requiring uniform safety and performance
standards, including a horseracing anti-doping and medication
control program and a racetrack safety program, to be developed
and enforced by an independent Horseracing Integrity and Safety
Authority.
Legislative History
On March 14, 2019, Representative Tonko introduced H.R.
1754, and was referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on March 15, 2019.
On January 28, 2020, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on H.R.
1754. The witnesses included the Honorable Andy Barr,
Congressman, Kentucky's Sixth District; Dr. Kathleen M.
Anderson, Equine Veterinarian; Joseph A. De Francis, Chairman,
National Horseracing Advisory Council of the Humane Society of
the United States; Dennis A. Drazin, Chairman and CEO, Darby
Development, Operator of Monmouth Park Racetrack; Marty Irby,
Executive Director, Animal Wellness Action; William M. Lear,
Jr., Vice Chairman, The Jockey Club; Edward J. Martin,
President and CEO, Association of Racing Commissioners
International, Inc.; and Christopher J. McCarron, Hall of Fame
Jockey, Retired.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020 and ordered the bill
reported favorably to the House, amended by a recorded vote of
46 yeas to 5 nays.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 1754 to the House (H. Rept. 116-554). That same
day, H.R. 1754 was considered in the House under a motion to
suspend the Rules and the bill passed, as amended, by a voice
vote.
On September 30, 2020, the Senate received H.R. 1754.
No further action was taken on H.R. 1754 in the 116th
Congress. Provisions of this legislation were incorporated into
H.R. 133, which became public law.
Stop Tip-Overs of Unstable, Risky Dressers on Youth Act
H.R. 2211
To require the Consumer Product Safety Commission to
promulgate a consumer product safety rule for free-standing
clothing storage units to protect children from tip-over
related death or injury, and for other purposes.
Summary
The bill would protect children from tip-over-related death
or injury by requiring the CPSC to promulgate a mandatory
consumer product safety standard for clothing storage units.
Legislative History
On April 10, 2019, H.R. 2211 was introduced by
Representative Schakowsky and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on April 11,
2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills,
including H.R. 2211. The witnesses included Will Wallace,
Manager, Home & Products Policy, Consumer Reports; Crystal
Ellis, Founding Member, Parents Against Tip-Overs; Chris
Parsons, President, Minnesota Professional Fire Fighters; and
Charles A. Samuels, Member, Mintz.
On July 10, 2019, the Subcommittee on Consumer Protection
and Commerce met in open markup session to consider H.R. 2211
and the forwarded the bill, amended, to the Committee on Energy
and Commerce by a voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2211, as amended, and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 16, 2019, the Committee on Energy and Commerce
reported H.R. 2211 to the House, as amended (H. Rept. 116-209).
The next day, H.R. 2211 was considered in the House under a
motion to suspend the Rules and the bill passed, as amended, by
a voice vote.
On September 18, 2019, the Senate received H.R. 2211, read
the bill twice, and referred it to the Senate Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 2211 in the 116th
Congress.
Fraud and Scam Reduction Act
H.R. 2610 (H.R. 2301, H.R. 7699, H.R. 8127, AND H.R. 8152)
To establish an office within the Federal Trade Commission
and an outside advisory group to prevent fraud targeting
seniors and to direct the Commission to study and submit a
report to Congress on scams targeting seniors and Indian
Tribes, and for other purposes.
Summary
This legislation establishes a Senior Scams Prevention
Advisory Group at the Federal Trade Commission to collect and
disseminate model educational materials for retailers,
financial institutions, and wire-transfer companies to use in
preventing scams that affect seniors.
This legislation also directs the FTC to establish an
office to advise the FTC on the prevention of fraud targeting
seniors and to help monitor marketing materials for fraud
targeting seniors. Further, the bill requires the FTC to submit
a report to Congress on scams targeting seniors, including
policy. Finally, the legislation directs the FTC to submit to
Congress a report on unfair or deceptive acts or practices
targeted at Indian Tribes or members of Indian Tribes and
requires the FTC to conduct a study on facilitating and
refining existing efforts with State Attorneys General
regarding enforcement of scams.
Legislative History
On May 9, 2019, H.R. 2610 was introduced by Representative
Blunt Rochester (DE-00) and was referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on May 10,
2019.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020 to consider the bill H.R.
2610 and ordered the bill reported favorably to the House,
amended, by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 2610 to the House (H. Rept. 116-590). The next
day, H.R. 2610 was considered in the House under a motion to
suspend of the Rules and passed, as amended, by a voice vote.
On November 18, 2020, the Senate received H.R. 2610, read
the bill twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 2610 in the 116th
Congress.
On April 12, 2019, H.R. 2301, the ``Seniors Fraud
Prevention Act of 2019,'' was introduced by Representative
Deutch (FL-22) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on April 15,
2019.
On July 21, 2020, H.R. 7699, the ``Protecting Seniors from
Emergency Scams Act,'' was introduced by Representative Kelly
(IL-02) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on July 22, 2020.
On August 28, 2020, H.R. 8127, the ``Protecting Indian
Tribes from Scams Act,'' was introduced by Representative Ben
Ray Lujan (NM-03) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on August 21,
2020.
On September 1, 2020, H.R. 8152, the ``FTC Collaboration
Act of 2020,'' was introduced by Representative Tom O'Halleran
(AZ-01) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on September 2, 2020.
No further action was taken on H.R. 2301, H.R. 7699, H.R.
8127, and H.R. 8152 in the 116th Congress.
The provisions of these bills were included in H.R. 2610.
Safer Occupancy Furniture Flammability Act
H.R. 2647
To adopt a certain California flammability standard as a
Federal flammability standard to protect against the risk of
upholstered furniture flammability, and for other purposes.
Summary
This legislation requires the adoption of the California
upholstered furniture flammability standard known as Technical
Bulletin 117-2013 as a national flammability standard for
upholstered furniture. Technical Bulletin 117-2013 is an
updated standard that protects consumers against the risk of
upholstered furniture fires while omitting previous performance
requirements that were typically satisfied through the addition
of flame-retardant chemicals, which have been associated with
adverse health effects.
Legislative History
On May 9, 2019, H.R. 2647 was introduced by Representative
Matsui (CA-06), and referred to the Committee on Energy and
Commerce. The bill was referred to the Subcommittee on Consumer
Protection and Commerce on May 10, 2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills,
including H.R. 2647. The witnesses included Will Wallace,
Manager, Home & Products Policy, Consumer Reports; Crystal
Ellis, Founding Member, Parents Against Tip-Overs; Chris
Parsons, President, Minnesota Professional Fire Fighters; and
Charles A. Samuels, Member, Mintz.
On July 10, 2019, the Subcommittee met in open markup
session to consider H.R. 2647 and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a voice
vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2647 and ordered the
bill reported favorably to the House, without amendment, by a
voice vote.
On December 16, 2019, the Committee on Energy and Commerce
reported H.R. 2647 to the House, without amendment (H. Rept.
116-348). That same day, H.R. 2647 was considered in the House
under a motion to suspend the Rules and passed, as amended, by
a voice vote.
On December 17, 2019, the Senate received H.R. 2647.
No further action was taken on H.R. 2647 in the 116th
Congress. Provisions of this bill were incorporated into H.R.
133, which became public law.
Protecting Americans From the Risks of Keyless Ignition Technology Act
H.R. 3145
To require the Secretary of Transportation to finalize
rules to protect consumers from the risks of carbon monoxide
poisoning and rollaways from motor vehicles, and for other
purposes.
Summary
This legislation would require the U.S. Department of
Transportation (DOT) to issue a final rule within two years of
enactment requiring manufacturers to install technology in
motor vehicles equipped with keyless ignitions that
automatically shuts off the vehicle if the engine has idled for
a period of time, consistent with the goal of preventing carbon
monoxide poisoning. The legislation also directs the DOT to
issue a final rule, within two years after enactment, requiring
manufacturers to install technology to prevent movement of
motor vehicles equipped with keyless ignitions when certain
conditions are met, including if the motor vehicle is not in
the park setting. Each rule would become effective on September
1 of the year that is one year after the date such rule is
issued.
Legislative History
On June 5, 2019, H.R. 3145 was introduced by Representative
Schakowsky and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on June 6,
2019. On October 24, 2019, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on four
bills, including H.R. 3145. The witnesses included Cathy Chase,
President, Advocates for Highway and Auto Safety; Susan
Livingston, Daughter of Dr. James D. Livingston and Dr. Sherry
H. Penney; and Benjamin R. Nordstrom, M.D., Ph.D., Executive
Director, Responsibility.org.
No further action was taken on H.R. 3145 in the 116th
Congress.
Focusing Attention on Safety Transparency and Effective Recalls Act
H.R. 3169
To protect consumers by codifying a fast-track recall
program to remove potentially hazardous products from the
marketplace as quickly and efficiently as possible.
Summary
This legislation would amend the Consumer Product Safety
Act (CPSA) to establish a ``fast-track'' program for businesses
to conduct recalls of potentially hazardous products via
notification to CPSC and publication of the recall on CPSC's
website. Companies that recall products under this program
would be required to provide, repair, or replace affected
products or provide a refund up to the full amount of the
purchase price and would not be obligated to provide any
additional public notification of the recall.
Legislative History
On June 10, 2019, H.R. 3169 was introduced by
Representative Rodgers, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on June 12,
2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing, on seven bills,
including H.R. 3169. The witnesses included Will Wallace,
Manager, Home & Products Policy, Consumer Reports; Crystal
Ellis, Founding Member, Parents Against Tip-Overs; Chris
Parsons, President, Minnesota Professional Fire Fighters; and
Charles A. Samuels, Member, Mintz.
No further action was taken on H.R. 3169 in the 116th
Congress.
Safe Sleep for Babies Act of 2019
H.R. 3172 (H.R. 3170)
To provide that inclined sleepers for infants and crib
bumpers shall be considered banned hazardous products under
section 8 of the Consumer Product Safety Act, and for other
purposes.
Summary
This bill prohibits the manufacture for sale, offer for
sale, distribution in commerce, or importation into the United
States of any inclined sleeper for infants. Inclined sleepers
are defined as any product with an inclined sleep surface
greater than 10 degrees that is intended, marketed, or designed
to provide sleeping accommodations for an infant up to one year
of age. In addition, the bill prohibits the manufacture for
sale, offer for sale, distribution in commerce, or import of
non-mesh crib bumpers. A crib bumper is defined to include any
non-mesh material that is intended to cover the sides of a crib
to prevent injury to a crib occupant from impacts or to prevent
a crib occupant from getting any body part entrapped in any
opening, such as a padded crib bumper, a supported and
unsupported vinyl bumper guard, and vertical slat covers. The
bill would make violations of these prohibition subject to
civil and criminal penalties under the CPSA.
Legislative History
On June 10, 2019, H.R. 3172 was introduced by
Representative Cardenas, and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on June 11,
2019.
On June 10, 2019, H.R. 3170, the Safe Cribs Act of 2019,
was introduced by Representative Jan Schakowsky and referred to
the Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on June 11, 2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing six bills, including
H.R. 3172 and H.R. 3170. The witnesses included Will Wallace,
Manager, Home & Products Policy, Consumer Reports; Crystal
Ellis, Founding Member, Parents Against Tip-Overs; Chris
Parsons, President, Minnesota Professional Fire Fighters; and
Charles A. Samuels, Member, Mintz.
On July 10, 2019, the Subcommittee met in open markup
session to consider H.R. 3172 and H.R. 3170 and forwarded the
bills, amended, to the Committee on Energy and Commerce by
voice votes.
The Committee on Energy and Commerce met in open markup
session on July 17, 2019, to consider H.R. 3172 and H.R. 3170
and ordered the bills reported favorably to the House, as
amended, by voice votes.
On September 13, 2019, the Committee on Energy and Commerce
reported H.R. 3172 to the House (H. Rept. 116-206) and the bill
was placed on the Union Calendar (Calendar No. 163). On the
same day, the Committee on Energy and Commerce reported H.R.
3170 to the House (H. Rept. 116-205) and the bill was placed on
the Union Calendar (Calendar No. 162).
No further action was taken on H.R. 3170 in the 116th
Congress. The provisions of H.R. 3170 were incorporated into
H.R. 3172.
On December 16, 2019, H.R. 3172 was considered in the House
under a motion to suspend the rules and passed, as amended, by
a voice vote.
On December 17, 2019, the Senate received H.R. 3172, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation.
No further action was taken on H.R. 3172 in the 116th
Congress.
Hot Cars Act of 2019
H.R. 3593
To require the Secretary of Transportation to issue a rule
requiring all new passenger motor vehicles to be equipped with
a child safety alert system, and for other purposes.
Summary
This legislation would require the DOT to issue a final
rule within two years of enactment requiring vehicles to be
equipped with a system that can detect and alert the driver to
the presence of a child or occupant in a rear seat of a vehicle
after the engine is shut off. The bill would also require DOT
to contract with an independent party to study retrofitting
existing passenger motor vehicles with technology to address
the problem of occupants left unattended in such vehicles. The
report would be submitted to the Committee on Energy and
Commerce and the Senate Committee on Commerce, Science, and
Transportation within 180 days of the issuance of the rule
described above.
Legislative History
On June 28, 2019, H.R. 3593 was introduced by
Representative Ryan (OH-13) and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Transportation and Infrastructure. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on July 1, 2019.
On October 24, 2019, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on four
bills, including H.R. 3593. The witnesses included Cathy Chase,
President, Advocates for Highway and Auto Safety; Susan
Livingston, Daughter of Dr. James D. Livingston and Dr. Sherry
H. Penney; and Benjamin R. Nordstrom, M.D., Ph.D., Executive
Director, Responsibility.org.
No further action was taken on H.R. 3593 in the 116th
Congress.
Impaired Driving Study Act of 2019
H.R. 3888
To require the Administrator of the National Highway
Traffic Safety Administration to conduct a study on motor
vehicle safety and impaired driving, and for other purposes.
Summary
This legislation directs the National Highway Traffic
Safety Administration (NHTSA), in cooperation with other
Federal agencies as appropriate, to conduct a study on ways in
which the Administration can improve motor vehicle safety to
address impaired driving, including alcohol, marijuana, and
opioid-impaired driving. NHTSA is required to issue a report
within two years, and biannually thereafter, detailing the
research activities undertaken; progress of the research
conducted; and the results of the study when completed.
Legislative History
On July 23, 2019, H.R. 3888 was introduced by
Representative Rodgers and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on July 24,
2019.
On October 24, 2019, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on four
bills, including H.R. 3888. The witnesses included Cathy Chase,
President, Advocates for Highway and Auto Safety; Susan
Livingston, Daughter of Dr. James D. Livingston and Dr. Sherry
H. Penney; and Benjamin R. Nordstrom, M.D., Ph.D., Executive
Director, Responsibility.org.
No further action was taken on H.R. 3888 in the 116th
Congress.
Combatting Impaired Driving Act of 2019
H.R. 3890
To require the Secretary of Transportation to provide funds
to address motor vehicle safety and impaired driving, and for
other purposes.
Summary
This legislation authorizes DOT to provide funding for
grants, pilot programs, demonstration projects, and innovative
solutions to improve motor vehicle safety to address impaired
driving, including alcohol, opioid, and marijuana-impaired
driving. The legislation authorizes $7 million for fiscal year
2021 increasing to $10 million by fiscal year 2025. This bill
directs the Department of Transportation to provide funding for
grants, pilot programs, demonstration projects, and innovative
solutions to improve motor vehicle safety and address impaired
driving, including alcohol, marijuana, and opioid-impaired
driving.
Legislative History
On July 23, 2019, H.R. 3890 was introduced by
Representative Bucshon and was referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on July 24,
2019.
On October 24, 2019, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing, on H.R.
3890 and three other bills. The witnesses included Cathy Chase,
President, Advocates for Highway and Auto Safety; Susan
Livingston, Daughter of Dr. James D. Livingston and Dr. Sherry
H. Penney; and Benjamin R. Nordstrom, M.D., Ph.D., Executive
Director, Responsibility.org.
No further action was taken on H.R. 3890 in the 116th
Congress.
Sami's Law
H.R. 4686
To require ride-hailing companies to implement an enhanced
digital system to verify passengers with their authorized ride-
hailing vehicles and drivers.
Summary
This bill would require each transportation network company
(TNC) to establish a system and policy for passengers to
digitally verify the driver with whom they have been matched
and establish an advisory council for the purpose of developing
recommended performance standards for successor technology that
will protect TNC passengers and TNC drivers.
Legislative History
On October 15, 2019, H.R. 4686 was introduced by
Representative Smith (NJ-04). It was referred to the Committee
on Transportation and Infrastructure, and in addition to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on October 17, 2019.
On July 29, 2020, H.R. 4686 was considered in the House
under a motion to suspend the Rules and passed, as amended, by
a voice vote.
On July 30, 2020, the Senate received H.R. 4686.
No further action was taken on H.R. 4686 in the 116th
Congress.
National Defense Authorization Act for Fiscal Year 2021
H.R. 6395 (H.R. 3600)
To authorize appropriations for fiscal year 2021 military
activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes.
Summary
Section 1710D of this legislation incorporates H.R. 3600,
the ``Deepfakes Report Act of 2019'', which requires the
Science and Technology Directorate in the Department of
Homeland Security to issue reports on deepfake videos, or those
altered by artificial intelligence to change the meaning of a
video. The report must include an assessment of how foreign
governments and domestic actors use deepfakes to affect
national security.
Legislative History
On March 26, 2020, H.R. 6395 was introduced by
Representative Smith (WA-09) and referred to the Committee on
Armed Services.
On July 20, 2020, H.R. 6395 was considered in the House
pursuant to the provisions of H. Res. 1053, and the bill was
passed by a recorded vote of 295 yeas and 125 nays (Roll Call
No. 152).
On August 5, 2020, H.R. 6395 was received in the Senate,
read twice, and placed on Senate Legislative Calendar under
General Orders (Calendar No. 505).
On November 16, 2020, the Senate passed H.R. 6395 with an
amendment by a voice vote. On November 18, 2020, the House
agreed to a motion that the House disagree to the Senate
amendment to H.R. 6395 and request a conference with the Senate
thereon by unanimous consent.
On November 18, 2020, the Speaker appointed conferees. From
the Committee on Energy and Commerce, the Speaker appointed
Representatives Pallone, DeGette, and Walden for consideration
of secs. 223, 229, 332, 335, 535, 540H, 601, 705, 736, 1299N-2,
1641, 1760, 1761, 1772, 1793, 1821, 1823, 1824, 2835, 3201,
3511, 3601, 5101-04, 5109, 10306, and 11206 of the House bill
and secs. 311, 319, 703, 1053, 1091, 1092, 1094, 1098, 1099,
2841, 3121, 3125, 3131, 3132, 5239, 6082-84, subtitle I of
title LX of division E, secs. 6299F, 6614, 6704, and 6706 of
the Senate amendment and modifications committed to conference.
On December 2, 2020, the Senate insisted on its amendment,
agreed to the request for a conference, and appointed the
following conferees, Senators Inhofe (OK), Wicker (MS), Fischer
(NE), Cotton (AR), Rounds (SD), Ernst (IA), Tillis (NC),
Sullivan (AK), Perdue (GA), Cramer (ND), Thune (SD), Scott
(FL), Blackburn (TN), Hawley (MO), Reed (RI), Shaheen (NH),
Gillibrand (NY), Blumenthal (CT), Hirono (HI), Kaine (VA), King
(ME), Heinrich (NM), Warren (MA), Peters (MI), Manchin (WV),
Duckworth (IL), and Jones (AL).
The conference report (H. Rept. 116-617) was filed on
December 3, 2020. On December 8, 2020, the conference report
was considered in the House pursuant to a special order and the
conference report was agreed to by a recorded vote of 335 yeas
to 78 nays and 1 present (Roll Call No. 238). On December 11,
2020, the Senate agreed to the conference report by a recorded
vote of 84 yeas and 13 nays (Record Vote Number: 264).
On December 11, 2020, H.R. 6395 was presented to the
President.
On December 23, 2020, the President vetoed H.R. 6395.
On December 28, 2020, the House considered H.R. 6395
pursuant to the provisions of H. Res. 1271, and was
subsequently passed by a recorded vote of 275 yeas to 134 nays
(Roll No. 252), two-thirds of the members present having voted
in the affirmative, the objections of the President to the
contrary notwithstanding. On December 29, 2020, the Senate
received notification of the action of the House and the veto
message, which was ordered held at the Senate desk. Further
action on H.R. 6395 was pending with the Senate at the time
this report was filed.
On June 28, 2019, H.R. 3600 was introduced by
Representative Kilmer (WA-06) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on July 1,
2019.
No further action was taken on H.R. 3600 in the 116th
Congress. The provisions of H.R. 3600 were included in H.R.
6395.
Combatting Pandemic Scams Act of 2020
H.R. 6435
To direct the Federal Trade Commission to develop and
disseminate information to the public about scams related to
COVID-19, and for other purposes.
Summary
This legislation aims to protect Americans, especially
senior citizens and people with infirmities and disabilities,
from deceptive and fraudulent scams while the United States
continues to face the current coronavirus disease (COVID-19)
pandemic. Specifically, the bill directs the FTC to develop and
disseminate information to the public about scams related to
COVID-19. This bill also requires the FTC, in consultation with
the Attorney General and Secretary of Health and Human
Services, among other relevant agencies, to establish a
comprehensive national database to track all instances of scams
relating to COVID-19.
Legislative History
On April 3, 2020, H.R. 6435 was introduced by
Representative Carter (GA-01) and the bill was referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on April 4, 2020.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020 to consider thirty-eight
bills, including H.R. 6435 and ordered the bill reported
favorably to the House, without amendment, by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 6435 to the House (H. Rept. 116-591). The next
day, H.R. 6435 was considered in the House under a motion to
suspend the Rules and passed, as amended, by a voice vote.
On November 18, 2020, the Senate received H.R. 6435, read
the bill twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
On December 17, 2020, the Senate Committee on Commerce,
Science, and Transportation was discharged from further
consideration of H.R. 6435 and the bill was passed without
amendment by unanimous consent, clearing the measure for the
White House.
On December 24, 2020, H.R. 6435 was presented to the
President. The bill was pending action by the President when
this report was filed.
The Heroes Act
H.R. 6800 (H.R. 6472)
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
Division M, title I of H.R. 6800 incorporates H.R. 6472,
which would prohibit the sale of consumer goods and services at
an unconscionably excessive price during the public health
emergency declared as a result of the COVID-19 pandemic.
Legislative History
On May 12, 2020, H.R. 6800 was introduced by Representative
Lowey (NY-17) and referred to the Committee on Appropriations,
in addition to the Committees on the Budget and Way and Means.
On May 15, 2020, H.R. 6800 was considered in the House
pursuant to the provisions of H. Res. 965, and the bill was
passed by a recorded vote of 208 yeas and 199 nays.
On May 20, 2021, H.R. 6800 was received in the Senate. On
May 21, 2020, the bill was read the first time and placed on
the Senate Legislative Calendar under Read the First Time. On
June 1, 2020, H.R. 6800 was read a second time and placed on
the Senate Legislative Calendar under General Orders (Calendar
No. 455). The Senate Committee on Small Business and
Entrepreneurship held a hearing on the bill on July 23, 2020.
No further action was taken on H.R. 8134 in the 116th
Congress.
Pandemic Effects on Home Safety and Tourism Act
H.R. 8121 (H.R. 8122)
To require the Consumer Product Safety Commission to study
the effect of the COVID-19 pandemic on injuries and deaths
associated with consumer products and to direct the Secretary
of Commerce to study and report on the effects of the COVID-19
pandemic on the travel and tourism industry in the United
States.
Summary
This legislation requires the CPSC to study and report to
Congress on the effects of the COVID-19 pandemic on injuries
and deaths associated with consumer products. The bill also
directs the Department of Commerce (DOC) to conduct a study and
report to Congress on the effects of the COVID-19 pandemic on
the travel and tourism industry in the United States.
Legislative History
On August 28, 2020, H.R. 8121 was introduced by
Representative Cardenas (CA-29) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Consumer Protection and Commerce on August
31, 2020. No further action was taken on H.R. 8122 in the 116th
Congress. The provisions of H.R. 8122 were included into H.R.
8121.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020 to consider H.R. 8121 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 8121 to the House (H. Rept. 116-588). The next
day, H.R. 8121 was considered in the House under a motion to
suspend the Rules and passed, as amended, by a voice vote.
On November 18, 2020, the Senate received H.R. 8121, read
the bill twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 8121 in the 116th
Congress.
On August 28, 2020, H.R. 8122, the Protecting Tourism in
the United States Act, was introduced by Representative Castor
(FL-14) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on August 31, 2020.
No further action was taken on this bill in the 116th
Congress. The provisions of H.R. 8122 were included in H.R.
8121.
Consumer Safety Technology Act
H.R. 8128 (H.R. 2154 AND H.R. 8153)
To direct the Consumer Product Safety Commission to
establish a pilot program to explore the use of artificial
intelligence in support of the mission of the Commission and
direct the Secretary of Commerce and the Federal Trade
Commission to study and report on the use of blockchain
technology and digital tokens, respectively.
Summary
This legislation requires the CPSC to establish a pilot
program to explore the use of artificial intelligence for at
least one of the following purposes: (1) tracking injury
trends; (2) identifying consumer product hazards; (3)
monitoring the retail marketplace for the sale of recalled
consumer products; or (4) identifying unsafe imported consumer
products.
This bill also directs the Department of Commerce, in
consultation with the FTC, to conduct a study and submit to
Congress a report on the state of blockchain technology in
commerce, including its use to reduce fraud and increase
security and directs the FTC to submit to Congress a report and
recommendations on unfair or deceptive acts or practices
relating to digital tokens.
Legislative History
On August 28, 2020, H.R. 8128 was introduced by
Representative McNerney (CA-09) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Consumer Protection and Commerce on August
31, 2020.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020, to consider H.R. 8128 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 8121 to the House (H. Rept. 116-545). That same
day, H.R. 8121 was considered in the House under a motion to
suspend the Rules and passed, as amended, by a voice vote.
On September 30, 2020, the Senate received H.R. 8121, read
the bill twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 8121 in the 116th
Congress.
On April 9, 2019, H.R. 2154, the Digital Taxonomy Act of
2019, introduced by Representative Soto (FL-09) and referred to
the Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on April 10, 2019.
On September 1, 2020, H.R. 8153, the Blockchain Innovation
Act, was introduced by Representative Soto and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on September 2, 2020.
No further action was taken on these bills in the 116th
Congress. The provisions of H.R. 2154 and H.R. 8153 were
incorporated into H.R. 8121.
American Compete Act
H.R. 8132
(H.R. 6950, H.R. 2644, H.R. 6939, H.R. 6938, H.R. 6928, H.R. 6919,
H.R. 6927, H.R. 6943, AND H.R. 6937)
To require the Federal Trade Commission and the Secretary
of Commerce to conduct studies and submit reports on the impact
of artificial intelligence and other technologies on United
States businesses conducting interstate commerce, and for other
purposes.
Summary
This legislation aims to ensure America leads the world and
outpaces the People's Republic of China in charting the future
of emerging technologies. Specifically, H.R. 8132 directs the
DOC and the FTC to study and report to Congress on the state of
artificial intelligence (AI), quantum computing, blockchain,
and new and advanced materials. The bill also requires the DOC
to study and report to Congress on the state of the Internet of
Things (IOT), IOT manufacturing, three-dimensional printing,
and unmanned delivery services and directs the FTC to study how
AI may be used to address online harms.
Legislative History
On August 28, 2020, H.R. 8132 was introduced by
Representative Rodgers and the bill was referred to the
Committee on Energy and Commerce. The bill was referred to the
Subcommittee on Consumer Protection and Commerce on August 31,
2020.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020, to consider H.R. 8132 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 8132 to the House (H. Rept. 116-539). That same
day, H.R. 8132 was considered in the House under a motion to
suspend the Rules and passed, as amended, by a voice vote.
On September 30, 2020, the Senate received H.R. 8132, read
the bill twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 8132 in the 116th
Congress. Provisions of this legislation were incorporated into
H.R. 133, which became public law.
On May 19, 2020, H.R. 6950, the GAINS Act, was introduced
by Representative Rodgers and referred to the Committee on
Energy and Commerce, in addition to the Committees on Science,
Space, and Technology, and Foreign Affairs. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on May 20, 2020.
On May 9, 2019, H.R. 2644, the SMART IOT Act, was
introduced by Representative Latta (OH-05) and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on May 10, 2019.
On May 19, 2020, H.R. 6939, the Advancing IOT Manufacturing
Act, was introduced by Representative Hudson (NC-08) and
referred to the Energy and Commerce Committee. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on May 20, 2020.
On May 19, 2020, H.R. 6938, the Advancing Blockchain Act,
was introduced by Representative Guthrie (KY-02) and referred
to the Committee on Energy and Commerce, in addition to the
Committees on Science, Space, and Technology, and Foreign
Affairs. The bill was subsequently referred to the Subcommittee
on Consumer Protection and Commerce on May 20, 2020.
On May 19, 2020, H.R. 6928, the Advancing 3D Printing Act,
was introduced by Representative Burgess (TX-26) and referred
to the Committee on Energy and Commerce, and in addition to the
Committees on Science, Space, and Technology, and Foreign
Affairs. The bill was subsequently referred to the Subcommittee
on Consumer Protection and Commerce on May 20, 2020.
On May 19, 2020, H.R. 6919, the Advancing Quantum Computing
Act, was introduced by Representative Griffith (VA-09) and
referred to the Committee on Energy and Commerce, and in
addition to the Committees on Science, Space, and Technology,
and Foreign Affairs. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on May 20,
2020.
On May 19, 2020, H.R. 6927, the Advancing New and Advanced
Materials Act was introduced by Representative Bucshon and
referred to the Committee on Energy and Commerce, and in
addition to the Committees on Science, Space, and Technology,
and Foreign Affairs. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on May 20,
2020.
On May 19, 2020, H.R. 6943, the Advancing Unmanned Delivery
Services Act, was introduced by Representative Latta and
referred to the Committee on Energy and Commerce, and in
addition to the Committees on Science, Space, and Technology,
and Foreign Affairs. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on May 20,
2020.
On May 19, 2020, H.R. 6937, the Countering Online Harms
Act, was introduced by Representative Guthrie and referred to
the Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on May 20, 2020.
No further action was taken on these bills in the 116th
Congress. The provisions of H.R. 6950, H.R. 2644, H.R. 6939,
H.R. 6938, H.R. 6928, H.R. 6919, H.R. 6927, H.R. 6943, and H.R.
6937 were included in H.R. 8132.
Consumer Product Safety Inspection Enhancement Act
H.R. 8134
To support the Consumer Product Safety Commission's
capability to protect consumers from unsafe consumer products,
and for other purposes.
Summary
This legislation directs the CPSC to enhance its ability to
identify unsafe consumer products entering the United States,
especially e-commerce shipments entering under the de minimis
value exemption. The bill also requires the CPSC to hire not
less than 16 employees and add staffing every year until needs
are met to identify violative products at ports and to complete
a study and report on the CPSC's efforts and needs to
effectively stop violative products from entering the United
States.
Legislative History
On August 28, 2020, H.R. 8134 was introduced by
Representative Schakowsky and was referred to the Committee on
Energy and Commerce. The bill was referred to the Subcommittee
on Consumer Protection and Commerce on August 31, 2020.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020, to consider H.R. 8134 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On September 24, 2020, the Committee on Energy and Commerce
reported H.R. 8134 to the House (H. Rept. 116-537). On
September 29, 2020, H.R. 8134 was considered in the House under
a motion to suspend the Rules and passed, as amended, by a
voice vote.
On September 30, 2020, the Senate received H.R. 8134, read
the bill twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 8134 in the 116th
Congress. Provisions of H.R. 8134 were incorporated into H.R.
133, which became public law.
OVERSIGHT ACTIVITIES
Protecting Consumer Privacy in the Era of Big Data
On February 26, 2019, the Subcommittee on Consumer
Protection and Commerce held a hearing entitled ``Protecting
Consumer Privacy in the Era of Big Data.'' The purpose of this
hearing was to examine the need for comprehensive data privacy
and security legislation. The witnesses included Brandi
Collins-Dexter, Senior Campaign Director, Media, Democracy &
Economic Justice, Color of Change; Dave Grimaldi, Executive
Vice President for Public Policy, IAB; Roslyn Layton, Ph.D.,
Visiting Scholar, American Enterprise Institute; Nuala
O'Connor, President and CEO, Center for Democracy & Technology;
and Denise Zheng, Vice President, Technology, Innovation,
Business Roundtable.
Inclusion in Tech: How Diversity Benefits All Americans
On March 6, 2019, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``Protecting Consumer
Privacy in the Era of Big Data.'' The purpose of this hearing
was to examine the importance of diversity and inclusion in the
technology sector. The witnesses included Nicol Turner Lee,
Ph.D., Fellow, Center for Technology Innovation, Governance
Studies, Brookings Institution; Mark Luckie, Digital Media
Strategist, Former Manager at Facebook and Twitter; Jiny Kim,
Vice President, Policy and Programs, Asian Americans Advancing
Justice (AAJC); David Lopez, Counsel, Outten and Golden, Co-
Dean, Rutgers Law School; Jill Houghton, President & CEO,
Disability:IN; Joan Ferrini-Mundy, Ph.D., President, University
of Maine; and Natalie Oliverio, CEO, Military Talent Partners.
Enhancing Vehicle Technology to Prevent Drunk Driving
On March 14, 2019, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``Enhancing Vehicle
Technology to Prevent Drunk Driving.'' The purpose of this
hearing was to examine the importance of improving vehicle
safety technology to prevent individuals from driving drunk.
The witnesses included Joan Claybrook, Board Member, Advocates
for Highway and Auto Safety, Former Administrator, National
Highway Traffic Safety Administration; Helen Witty, National
President, Mothers Against Drunk Driving; David Kelly,
Executive Director, Coalition of Ignition Interlock
Manufacturers; and Robert Strassburger, President & CEO,
Automotive Coalition for Traffic Safety, Inc. (ACTS, Inc.).
Protecting Americans From Dangerous Products: Is the Consumer Product
Safety Commission Fulfilling Its Mission?
On April 9, 2019, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``Protecting Americans
from Dangerous Products: Is the Consumer Product Safety
Commission Fulfilling Its Mission?'' The purpose of this
hearing was to conduct oversight of the Consumer Product Safety
Commission (CPSC). The CPSC is an independent agency
responsible for protecting consumers from unreasonable risk of
injury or death from consumer products. The witnesses included
Ann Marie Buerkle, Acting Chairman, Consumer Product Safety
Commission; Elliot F. Kaye, Commissioner, Consumer Product
Safety Commission; Robert S. Adler, Commissioner, Consumer
Product Safety Commission; Dana Baiocco, Commissioner, Consumer
Product Safety Commission; Peter A. Feldman, Commissioner,
Consumer Product Safety Commission; Rachel Weintraub,
Legislative Director and General Counsel, Consumer Federation
of America; Nancy Cowles, Executive Director, Kids in Danger;
Remington A. Gregg, Counsel for Civil Justice and Consumer
Rights, Public Citizen; and Mike Gentine, Counsel, Schiff
Hardin LLP.
Oversight of the Federal Trade Commission: Strengthening Protections
for Americans' Privacy and Data Security
On May 8, 2019, the Subcommittee on Consumer Protection and
Commerce held a hearing entitled ``Oversight of the Federal
Trade Commission: Strengthening Protections for Americans'
Privacy and Data Security.'' The purpose of this hearing was to
conduct oversight of the Federal Trade Commission. The FTC is
an independent agency with the dual mission of protecting
consumers and competition by preventing anticompetitive,
deceptive, and unfair business practices. The witnesses
included Joseph J. Simons, Chairman, Federal Trade Commission;
Noah Joshua Phillips, Commissioner, Federal Trade Commission;
Rohit Chopra, Commissioner, Federal Trade Commission; Rebecca
Kelly Slaughter, Commissioner, Federal Trade Commission; and
Christine S. Wilson, Commissioner, Federal Trade Commission.
Summer Driving Dangers: Exploring Ways to Protect Drivers and Their
Families
On May 23, 2019, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``Summer Driving Dangers:
Exploring Ways to Protect Drivers and Their Families.'' The
purpose of this hearing was to explore available technologies
to improve motor vehicle safety to reduce the number of
automobile fatalities and injuries. The witnesses included
Janette Fennell, President and Founder, KidsAndCars.org; Miles
Harrison, Father of Chase Harrison; Jason Levine, Executive
Director, Center for Auto Safety; and Gary Shapiro, President
and CEO, Consumer Technology Association.
Driving in Reverse: The Administration's Rollback of Fuel Economy and
Clean Car Standards
On June 20, 2019, the Subcommittee on Consumer Protection
and Commerce and the Subcommittee on Environment and Climate
Change held a joint hearing entitled ``Driving in Reverse: The
Administration's Rollback of Fuel Economy and Clean Car
Standards.'' The purpose of this hearing was to examine the
Trump Administration's efforts to roll back Corporate Average
Fuel Economy (CAFE) standards and carbon pollution regulations
from light duty cars and trucks. The witnesses included William
L. Wehrum, Assistant Administrator, Office of Air and
Radiation, U.S. Environmental Protection Agency; Heidi King,
Deputy Administrator, National Highway Traffic Safety
Administration, U.S. Department of Transportation; Mary D.
Nichols, Chair, California Air Resources Board; David Friedman,
Vice President, Advocacy, Consumer Reports; Ramzi Y. Hermiz,
President and Chief Executive Officer, Shiloh Industries, Inc.;
Josh Nassar, Legislative Director, United Auto Workers;
Shoshana M. Lew, Executive Director, Colorado Department of
Transportation; Jeff Landry, Attorney General, State of
Louisiana; David Schweitert, Interim Chief Executive Officer,
Alliance of Automobile Manufacturers; and Nick Loris, Deputy
Director of the Thomas A. Roe Institute for Economic Policy
Studies, Herbert and Joyce Morgan Fellow in Energy and
Environmental Policy, Heritage Foundation.
Profits Over Consumers: Exposing How Pharmaceutical Companies Game the
System
On September 19, 2019, the Subcommittee on Consumer
Protection and Commerce held a hearing entitled ``Profits Over
Consumers: Exposing How Pharmaceutical Companies Game the
System.'' The purpose of this hearing was to examine product
hopping in the pharmaceutical market. Product hopping, also
known as line extension and sometimes referred to as
evergreening, refers to the reformulation of a pharmaceutical
drug product by a brand drug manufacturer for the purpose of
delaying competition. The witnesses included Michael A.
Carrier, Distinguished Professor, Rutgers law School, Co-
Director, Rutgers Institute for Information Policy and Law;
Jeff Francer, Senior Vice President and General Counsel,
Association for Accessible Medicines; David Mitchell, Founder,
Patients for Affordable Drugs, Patients for Affordable Dugs
NOW; and Joanna M. Shepherd, Professor of Law, Emory University
School of Law.
Fostering a Healthier Internet to Protect Consumers
On October 16, 2019, the Subcommittee on Communications and
Technology and the Subcommittee on Consumer Protection and
Commerce held a joint hearing entitled ``Fostering a Healthier
Internet to Protect Consumers.'' The purpose of this hearing
was to explore content moderation practices and whether
consumers are adequately protected under current law. The
witnesses included Steve Huffman, Co-Founder & CEO, Reddit,
Inc.; Danielle Keats Citron, Professor of Law, Boston
University School of Law; Corynne McSherry, Legal Director,
Electronic Frontier Foundation; Hany Farid, Professor,
University of California, Berkeley; Katherine Oyama, Global
Head of Intellectual Property Policy, Google, Inc.; and
Gretchen S. Peters, Executive Director, Alliance to Counter
Crime Online.
Americans at Risk: Manipulation and Deception in the Digital Age
On January 8, 2020, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``Americans at Risk:
Manipulation and Deception in the Digital Age.'' The purpose of
this hearing was to explore the issues of deception and
manipulation of consumers online. The witnesses included Monika
Bickert, Vice President of Global Policy Management, Facebook;
Joan Donovan, Ph.D., Research Director of the Technology and
Social Change Project, Shorenstein Center on Media, Politics,
and Public Policy, Harvard Kennedy School; Tristan Harris,
Executive Director, Center for Humane Technology; and Justin
(Gus) Hurwitz, Associate Professor of Law, Director of the NU
Governance and Technology Center, University of Nebraska
College of Law, Director of Law & Economics Programs,
International Center for Law & Economics.
Autonomous Vehicles: Promises and Challenges of Evolving Automotive
Technologies
On February 11, 2020, the Subcommittee on Consumer
Protection and Commerce held a hearing entitled ``Autonomous
Vehicles: Promises and Challenges of Evolving Automotive
Technologies.'' The purpose of this hearing was to examine the
Federal role in regulating self-driving technology. The
witnesses included Cathy Chase, President, Advocates for
Highway and Auto Safety; John Bozzella, President and CEO,
Alliance for Automotive Innovation; Daniel Hinkle, State
Affairs Counsel, American Association of Justice; Mark
Riccobono, President, National Federation of the Blind; Gary
Shapiro, President and CEO, Consumer Technology Association;
and Jeff Tumlin, Director of Transportation, San Francisco
Municipal Transportation Agency (SFMTA).
Buyer Beware: Fake and Unsafe Products on Online Marketplaces
On March 4, 2020, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``Buyer Beware: Fake and
Unsafe Products on Online Marketplaces.'' The purpose of this
hearing was to examine the proliferation of deceptive and
dangerous products on online marketplaces. The witnesses
included Dharmesh Mehta, Vice President of Worldwide Customer
Trust and Partner Support, Amazon; Amber Leavitt, Associate
General Counsel and Head of IP, eBay; Jeff Myers, Senior
Director for Intellectual Property, Apple; Andrew Love, Head of
Brand Security/Investigations/Global Enforcement, Specialized
Bicycles; David Friedman, Vice President of Advocacy, Consumer
Reports; and Lori Wallach, Director of Global Trade Watch,
Public Citizen.
A Country In Crisis: How Disinformation Online Is Dividing the Nation
On June 24, 2020, the Subcommittee on Communications and
Technology and the Subcommittee on Consumer Protection and
Commerce held a joint hearing entitled ``A Country in Crisis:
How Disinformation Online is Dividing the Nation.'' The purpose
of this hearing was to examine the role of social media
platforms in disseminating disinformation relating to the
coronavirus disease of 2019 (COVID-19) pandemic and racial
injustice. The witnesses included Brandi Collins-Dexter, Senior
Campaign Director, Color of Change; Hany Farid, Professor,
University of California, Berkeley; Spencer Overton, President,
Joint Center for Political and Economic Studies, Professor of
Law, George Washington University; and Neil Fried, Former Chief
Counsel for Communications and Technology, Energy and Commerce
Committee, Principal, DigitalFrontiers Advocacy.
Consumers Beware: Increased Risks During the COVID-19 Pandemic
On July 9, 2020, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``Consumers Beware:
Increased Risks During the COVID-19 Pandemic.'' The purpose of
this hearing was to explore ways to protect Americans from the
increased prevalence of some unfair and deceptive acts and
practices as well as product safety issues during the COVID-19
pandemic. The witnesses included Kevin Anderson, Senior Deputy
Attorney General, Director, Consumer Protection Division, North
Carolina Department of Justice; Sally Greenberg, Executive
Director, National Consumers League; and Thomas Quaadman,
Executive Vice President, Center for Capital Markets
Competitiveness, Chamber Technology Engagement Center, Global
Innovation Policy Center, U.S. Chamber of Commerce.
Mainstreaming Extremism: Social Media's Role in Radicalizing America
On September 24, 2020, the Subcommittee on Consumer
Protection and Commerce held a hearing entitled ``Mainstreaming
Extremism: Social Media's Role in Radicalizing America.'' The
purpose of this hearing was to examine the growing influence of
extremism and social media's role in its rapid spread. The
witnesses included Marc Ginsberg, President, Coalition for a
Safer Web; Tim Kendall, Chief Executive Officer, Moment; Taylor
Dumpson, Hate Crime Survivor and Cyber-Harassment Target; and
John Donohue, Fellow, Rutgers University Miler Center for
Community Protection and Resiliency, Former Chief of Strategic
Initiatives, New York City Police Department.
Subcommittee on Communications and Technology
LEGISLATIVE ACTIVITIES
Pirate Act
PUBLIC LAW 116-109 (H.R. 583)
To amend the Communications Act of 1934 to provide for
enhanced penalties for pirate radio, and for other purposes.
Summary
This legislation would give the Federal Communications
Commission (FCC or Commission) additional authority to issue
fines on any person who willfully and knowingly broadcasts
radio transmissions over AM or FM frequencies without a license
from the FCC or without complying with unlicensed operations
rules defined by the Commission. The bill would further give
the FCC additional tools to enforce penalties against pirate
stations by raising the fine for rule violations to $100,000
per day per violation, up to a maximum of $2,000,000.
Legislative History
On January 16, 2019, H.R. 583 was introduced by
Representative Tonko and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on January 25,
2019.
On February 25, 2019, H.R. 583 was considered in the House
under a motion to suspend the Rules and passed, as amended, by
a voice vote.
On February 26, 2019, the Senate received H.R. 583, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation. On January 8, 2020,
the Senate Committee on Commerce, Science, and Transportation
discharged consideration of the bill by unanimous consent. That
same day, H.R. 583 was considered in the Senate and passed,
without amendment, by a voice vote.
On January 14, 2020, H.R. 583 was presented to the
President. On January 24, 2020, H.R. 583 was signed into law by
the President (Public Law 116-109).
Further Consolidated Appropriations Act, 2020
PUBLIC LAW 116-94 (H.R. 1865, H.R. 5035)
Making further consolidated appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
Title X, section 1001 of H.R. 1865 incorporates H.R. 5035,
the ``Television Viewer Protection Act of 2019''. This
legislation addresses two provisions of law that were to expire
at the end of 2019 that facilitated the ability of consumers to
view broadcast television stations over multichannel video
programming distributor (MVPD) services and provide basic
protections to consumers when purchasing MVPD services and
certain broadband equipment. H.R. 5035 made permanent ``good
faith'' negotiation provisions for retransmission consent while
allowing for the importation of distant signals to unserved
households without retransmission consent only as authorized
under the statutory license in section 119 of the Copyright
Act. The legislation further requires that, at the point of
sale, MVPDs must give consumers a breakdown of all charges
related to the MVPD's video service and allows the consumer 24-
hours to cancel the service without any penalty. Finally, the
legislation provides for more transparency in electronic bills
and prevents MVPDs and broadband companies from charging for
equipment they do not provide.
Legislative History
On November 12, 2019, H.R. 5035 was introduced by
Representative Doyle (PA-18) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on November 13,
2019.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session to consider H.R. 5035
and forwarded the bill to the Committee on Energy and Commerce
by a voice vote.
On November 19, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 5035 and ordered
the bill favorably reported to the House, amended, by a voice
vote.
On December 9, 2019, the Committee on Energy and Commerce
reported H.R. 5035 to the House, as amended (H. Rept. 116-329),
and the bill was placed on the Union Calendar (Calendar No.
265).
On December 10, 2019, the House considered H.R. 5035 under
a motion to suspend the Rules and passed H.R. 5035 by a voice
vote.
On December 11, 2019, H.R. 5035 was received by the Senate,
read twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
The provisions of H.R. 5035 were included in H.R. 1865.
On March 25, 2019, H.R. 1865 was introduced by
Representative Pascrell and referred to the Committee on
Financial Services.
On October 28, 2019, the House considered H.R. 1865 under a
motion to suspend the Rules, and passed the bill, without
amendment, by a voice vote.
On October 29, 2019, H.R. 1865 was received in the Senate
and read twice.
On November 12, 2019, H.R. 1865 was considered in the
Senate, and the bill, as amended, was passed by unanimous
consent.
On December 17, 2019, H.R. 1865 was considered in the House
pursuant to the provisions of H. Res. 765, and the bill, with a
House amendment to the Senate amendment thereto, was passed by
a recorded vote of 297 yeas and 120 nays (Roll Call No. 689).
On December 17 and 19, 2019, H.R. 1865 was received and
considered in the Senate, and the bill, without further
amendment, was passed by a recorded vote of 71 yeas and 23 nays
(Roll Call No. 415).
On December 20, 2019, H.R. 1865 was presented to the
President and signed into law by the President (Public Law 116-
94).
Secure and Trusted Communications Networks Act of 2019
PUBLIC LAW 116-124 (H.R. 4998, H.R. 4459)
To prohibit certain Federal subsidies from being used to
purchase communications equipment or services posing national
security risks, to provide for the establishment of a
reimbursement program for the replacement of communications
equipment or services posing such risks, and for other
purposes.
Summary
This legislation would require the FCC to develop and
maintain a list of communications equipment and services that
pose an unacceptable risk to national security and prohibit the
use of Federal funds administered by the FCC to purchase, rent,
lease, or otherwise obtain such equipment and services. The
legislation also establishes the Secure and Trusted
Communications Reimbursement Program to assist small
communications providers with the costs of removing prohibited
equipment and services from their networks and replacing
prohibited equipment with more secure communications equipment
and services.
Legislative History
On November 8, 2019, H.R. 4998 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on November 12,
2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills,
including H.R. 4998. Testimony was received from John Nettles,
President, Pine Belt Wireless; Harold Feld, Senior Vice
President, Public Knowledge; Dean R. Brenner, Senior Vice
President, Spectrum Strategy and Tech Policy, Qualcomm
Incorporated; and Bobbie Stempfley, Managing Director, CERT
Division, Software Engineering Institute, Carnegie Mellon
University.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session to consider H.R. 4998
and forwarded the bill, amended, to the full Committee, by a
voice vote.
On November 20, 2019, the full Committee met in open markup
session to consider H.R. 4998, as amended, and ordered the bill
favorably reported, amended, to the House, by a voice vote.
On December 16, 2019, the Committee on Energy and Commerce
reported H.R. 4998 to the House (H. Rept. 116-352). That same
day, H.R. 4998 was considered in the House under a motion to
suspend the Rules and passed, as amended, by a voice vote.
On December 17, 2019, the Senate received H.R. 4998 and
read the bill twice. On February 27, 2020, H.R. 4998 was
considered in the Senate and passed, without amendment, by a
voice vote.
On March 3, 2020, H.R. 4998 was presented to the President.
On March 12, 2020, H.R. 4998 was signed into law by the
President (Public Law 116-124).
Secure 5G and Beyond Act of 2020
PUBLIC LAW 116-129 (S. 893, H.R. 2881)
To require the President to develop a strategy to ensure
the security of next generation mobile telecommunications
systems and infrastructure in the United States and to assist
allies and strategic partners in maximizing the security of
next generation mobile telecommunications systems,
infrastructure, and software, and for other purposes.
Summary
This legislation directs the President to develop the
``Secure Next Generation Mobile Communications Strategy'' in
consultation with the heads of the FCC, National
Telecommunications and Information Administration (NTIA),
Department of Homeland Security (DHS), as well as the Director
of National Intelligence (DNI) and Secretary of Defense (DOD).
Legislative History
On May 21, 2019, H.R. 2881 was introduced by Representative
Spanberger (VA-07) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on May 22, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills,
including H.R. 2881. Testimony was received from John Nettles,
President, Pine Belt Wireless; Harold Feld, Senior Vice
President, Public Knowledge; Dean R. Brenner, Senior Vice
President, Spectrum Strategy and Tech Policy, Qualcomm
Incorporated; and Bobbie Stempfley, Managing Director, CERT
Division, Software Engineering Institute, Carnegie Mellon
University.
On November 14, 2019, the Subcommittee met in open markup
session to consider H.R. 2881 and forwarded the bill, amended,
to the full Committee on Energy and Commerce, by a voice vote.
On November 20, 2019, the full Committee met in open markup
session to consider H.R. 2881, as amended by the Subcommittee,
and ordered the bill, as amended, reported favorably reported
to the House, as amended, by a voice vote.
On January 8, 2020, the Committee on Energy and Commerce
reported H.R. 2881 to the House (H. Rept. 116-36). That same
day, H.R. 2881 was considered in the House under a motion to
suspend the rules and passed by a record vote of 413 yeas to 3
nays (Roll no. 4).
On January 9, 2020, the Senate received H.R. 2881 and read
the bill twice. That same day, H.R. 2881 was placed on Senate
Legislative Calendar under General Orders (Calendar No. 403).
No further action was taken on this bill in the 116th
Congress.
On December 19, 2019, the Committee on Commerce, Science,
and Transportation reported substantially similar legislation,
S. 893, to the Senate, amended (S. Rept. 116-184). On March 4,
2020, S. 893 was considered in the Senate and passed, amended,
by unanimous consent.
On March 9, 2020, the House received S. 893 and the bill
was held at the desk.
On March 11, 2020, S. 893 was considered in the House under
a motion to suspend the Rules and passed the bill by a voice
vote.
On March 16, 2020, S. 893 was presented to the President.
On March 23, 2020, S. 893 was signed into law by the President
(Public Law 116-129).
Broadband Deployment Accuracy and Technological Availability Act
PUBLIC LAW 116-130 (S. 1822, H.R. 4229, AND H.R. 4227)
To improve broadband data collection, mapping, and
validation to support the effective deployment of broadband
services to all areas of the United States, and for other
purposes.
Summary
This legislation would require the FCC to issue new rules
to require the collection and dissemination of granular
broadband availability data. It would also require the FCC to
establish a process to verify the accuracy of such data,
including by using data submitted by other government entities
or the public. In addition, it would require the FCC to use
this data to create coverage maps based on a serviceable
location fabric of all locations that could receive fixed
broadband service, and it would require the FCC to create a
separate coverage map for mobile broadband.
Legislative History
On September 6, 2019, H.R. 4229, the Broad Deployment
Accuracy and Technological Availability Act, was introduced by
Representative Loebsack (IA-2) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on September 7,
2019.
On September 6, 2019, H.R. 4227, the ``Mapping Accuracy
Promotes Services Act'', was introduced by Representative
McEachin (VA-04) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on September 7,
2019.
On September 11, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on six bills,
including H.R. 4229 and H.R. 4227. The witnesses included James
M. Assey, Executive Vice President, NCTA--The Internet &
Television Association; Shirley Bloomfield, Chief Executive
Officer, NTCA--The Rural Broadband Association; Dana J.
Floberg, Policy Manager, Free Press & Free Press Action;
Jonathan Spalter, President and CEO, US Telecom Association;
Grant Spellmeyer, Vice President, Federal Affairs & Public
Policy, U.S. Cellular; and James W. Stegeman, President/CEO,
CostQuest Associates.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session to consider H.R. 4229
and H.R. 4227. The Subcommittee forwarded H.R. 4229, amended,
and H.R. 4227, without amendment, to the Committee on Energy
and Commerce.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 4229, as amended,
and H.R. 4227. The Committee on Energy and Commerce ordered
H.R. 4229 reported favorably to the House, amended, by a voice
vote. The Committee on Energy and Commerce also ordered H.R.
4227 reported favorably to the House by voice vote.
On December 16, 2019, the Committee on Energy and Commerce
reported H.R. 4229 to the House, as amended (H. Rept. 116-350).
On December 16, 2019, the House considered H.R. 4229 under a
motion to suspend the Rules and passed the bill by a voice
vote.
On December 17, 2019, the Senate received H.R. 4229, read
the bill twice, and placed on the Senate Legislative Calendar
under General Orders (Calendar No. 345).
On December 16, 2019, the Committee on Energy and Commerce
reported H.R. 4227 to the House (H. Rept. 116-349). On December
16, 2019, the House considered H.R. 4227 under a motion to
suspend the Rules and passed the bill by a voice vote.
On December 17, 2019, the Senate received H.R. 4227, read
the bill twice, and referred the bill to the Committee on
Commerce, Science, and Transportation.
No further action was taken on these bills in the 116th
Congress.
On December 12, 2019, the Senate Committee on Commerce,
Science, and Transportation reported substantially similar
legislation, S. 1822, to the Senate, amended (S. Rept. 116-
174).
On December 19, 2019, Senate considered substantially
similar legislation, S. 1822, and passed the bill, amended, by
unanimous consent.
On March 3, 2020, the House received S. 1822 and held the
bill at the desk. The House then considered S. 1822 and passed
the bill, amended, by unanimous consent.
On March 10, 2020, S. 1822 passed the House amendment to S.
1822 by unanimous consent.
On March 23, 2020, S. 1822 was signed into law by the
President (Public Law 116-130).
Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and
Deterrence Act
PUBLIC LAW 116-105 (S. 151, H.R. 3375, H.R. 3264, H.R. 3434, H.R. 3780,
H.R. 721, H.R. 2386, H.R. 1575)
To amend the Communications Act of 1934 to clarify the
prohibitions on making robocalls, and for other purposes.
Summary
This legislation would take myriad actions aimed at
relieving consumers from the onslaught of robocalls. Among many
other things, this legislation would require the implementation
of nationwide call authentication technology so consumers can
again trust the number that appears on their caller ID. The
legislation also provides for carriers to offer call blocking
services and requires it to be offered at a no additional line-
item charge. The legislation also requires the FCC to issue
multiple rules to protect against illegal robocalls and makes
it easier for the FCC to fine robocallers.
Legislative History
On April 30, 2019, the Subcommittee on Communications and
Technology held a legislative hearing on seven bills entitled
``Legislating to Stop the Onslaught of Annoying Robocalls.''
Testimony was received from Aaron Foss, Founder, Nomorobo; Dave
Summitt, Chief Information Security Officer, H. Lee Moffitt
Cancer Center & Research Institute, Fellow for the Institute
for Critical Infrastructure Technology; Margot Saunders, Senior
Counsel, National Consumer Law Center; and Patrick Halley,
Senior Vice President, Advocacy and Regulatory Affairs,
USTelecom--The Broadband Association.
On June 20, 2019, H.R. 3375 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on June 21, 2019.
On June 25, 2019, the Subcommittee met in open markup
session to consider H.R. 3375 and forwarded the bill to the
full Committee on Energy and Commerce, amended, by a voice
vote.
On July 17, 2019, the full Committee met in open markup
session to consider H.R. 3375, as amended by the Subcommittee,
and ordered the bill reported favorably to the House, amended,
by a recorded vote of 48 yeas to 0 nays.
On July 23, 2019, the Committee on Energy and Commerce
reported H.R. 3375 to the House (H. Rept. 116-173). The next
day, H.R. 3375 was considered in the House under a motion to
suspend the Rules and passed by a recorded vote of 429 yeas and
3 nays (Roll no. 502).
On July 25, 2019, the Senate received H.R. 3375.
No further action was taken on H.R. 3375 in the 116th
Congress.
On May 23, 2019, a substantially similar bill, S. 151,
passed the Senate, amended, by a recorded vote of 97 yeas to 1
nay (Record Vote Number: 127). On May 24, 2019, S. 151 was
received in the House and referred to the Committee on Energy
and Commerce.
On December 4, 2019, the Committee on Energy and Commerce
was discharged from consideration of S. 151. That same day, the
House considered S. 151 under a motion to suspend the Rules,
and the bill passed, as amended, by a recorded vote of 417 yeas
to 3 nays (Roll no. 647).
On December 5, 2019, the House amendment to S. 151 was
received by the Senate. On December 9, 2019, the Senate passed
the House amendment to S. 151 by a voice vote.
On December 20, 2019, S. 151 was presented to the
President. On December 30, 2019, S. 151 was signed into law by
the President (Public Law 116-105).
On June 13, 2019, H.R. 3264, the Ending One-Ring Scams Act
of 2019, was introduced by Representative Clarke (NY-09) and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications and
Technology on June 14, 2019.
On June 24, 2019, H.R. 3434, the Tracing Back and Catching
Unlawful Robocallers Act of 2019 was introduced by
Representative Butterfield (NC-01) and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Committee on Communications and Technology on
June 25, 2019.
On July 16, 2019, H.R. 3780, the Protecting Patients and
Doctors form Unlawful Robocalls Act of 2019, was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Telecommunications on July
17, 2019.
On January 23, 2019, H.R. 721, the Spam Calls Task Force
Act of 2019, was introduced by Representative Crist (FL-13) and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications and
Technology on January 25, 2019. On April 30, 2019, the
Subcommittee on Communications and Technology held a
legislative hearing on seven bills, including H.R. 721.
On April 29, 2019, H.R. 2386, the STOP Robocalls Act, was
introduced by Representative Latta and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on April 30, 2019. On April 30, 2019, the Subcommittee on
Communications and Technology held a legislative hearing on
seven bills, including H.R. 2386.
On March 6, 2019, H.R. 1575, the Robocall Enforcement
Enhancement Act of 2019, was introduced by Representative Van
Drew (NJ-02) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on March 7, 2019.
On April 30, 2019, the Subcommittee on Communications and
Technology held a legislative hearing on three bills, including
H.R. 1575.
No further action was taken on these bills in the 116th
Congress. Provisions similar to those in H.R. 3264, H.R. 3434,
H.R. 3780, H.R. 721, H.R. 2386, and H.R. 1575 were included in
H.R. 3375 and S. 151.
National Suicide Hotline Designation Act of 2020
PUBLIC LAW 116-172 (S. 2661, H.R. 4194)
To amend the Communications Act of 1934 to designate 9-8-8
as the universal telephone number for the purpose of the
national suicide prevention and mental health crisis hotline
system operating through the National Suicide Prevention
Lifeline and through the Veterans Crisis Line, and for other
purposes.
Summary
This legislation requires the FCC to designate 9-8-8 as the
universal telephone number for a national suicide prevention
and mental health crisis hotline. A state may impose and
collect a fee for providing 9-8-8 related services. However,
this fee must be held in a designated account to be spent only
in support of 9-8-8 services, and the FCC must submit an annual
report on state administration of these fees.
The Department of Health and Human Services and the
Department of Veterans Affairs must jointly report on how to
make the use of 9-8-8 operational and effective across the
country, and HHS must develop a strategy to provide access to
competent, specialized services for high-risk populations such
as lesbian, gay, bisexual, transgender, and queer (LGBTQ)
youth; minorities; and rural individuals.
Legislative History
On August 20, 2019, H.R. 4194 was introduced by
Representative Stewart (UT-02) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on August 21,
2019.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills,
including H.R. 4194. The witnesses included Matthew Gerst, Vice
President, Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO,
Behavioral Health Link; Anthony Gossner, Fire Chief, City of
Santa Rosa, CA; Joseph Torres, Senior Director of Strategy and
Engagement, Free Press and Free Press Action; Daniel Henry,
Regulatory Counsel and Director of Government Affairs, National
Emergency Number Association; and Allen F. Bell, Distribution
Manager, Georgia Power Company.
On March 11, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 4194 and
forwarded the bill to the Committee on Energy and Commerce,
amended, by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual markup session to consider H.R. 4194 and ordered the
bill reported favorably to the House, amended, by a voice vote.
On May 13, 2020, the Senate considered substantially
similar legislation, S. 2661, and passed the bill, amended, by
a voice vote.
On May 20, 2020, the House received S. 2661 and held the
bill at the desk. On September 21, 2020, the House considered
S. 2661 under the suspension of the Rules and passed the bill,
as amended, by a voice vote.
On October 6, 2020, S. 2661 was presented to the President.
On October 17, 2020, S. 2661 was signed into law by the
President (Public Law 116-172).
The Consolidated Appropriations Act, 2021
PUBLIC LAW 116-__ (H.R. 133, H.R. 451, H.R. 1328, H.R. 8545, S. 1294)
Making consolidated appropriations for the fiscal year
ending September 30, 2021, providing coronavirus emergency
response and relief, and for other purposes.
Summary
Section 902 of H.R. 133 incorporates H.R. 451, the ``Don't
Break Up the T-Band Act of 2020''. This legislation repeals the
requirement for the FCC to clear and auction critical public
safety spectrum in the 470 to 512 megahertz band, commonly
referred to as the T-band. It also directs the FCC to take
steps to end 9-1-1 fee diversion.
Section 903 of H.R. 133 also incorporates H.R. 1328, the
``ACCESS BROADBAND Act''. The legislation establishes the
Office of Internet Connectivity and Growth (Office) at the
National Telecommunications and Information Administration.
This Office would be tasked with performing certain
responsibilities related to broadband access, adoption, and
deployment, such as performing public outreach to promote
access and adoption of high-speed broadband service, and
standardizing the process for applying for Federal broadband
support. It also establishes coordination requirements between
agencies that offer broadband deployment funding programs, to
ensure Federal funds are spent efficiently and effectively.
In addition, section 905 of H.R. 133 incorporates H.R.
8545, the ``Beat CHINA for 5G Act of 2020''. This legislation
directs the President, acting through the Assistant Secretary
of Commerce for Communications and Information, to withdraw or
modify Federal spectrum assignments in the 3450 to 3550
megahertz band. It also directs the FCC to revise the non-
Federal allocation of the band to permit flexible-use services
and to begin a system of competitive bidding for a portion or
all of the band no later than December 31, 2021.
Also, section 904 of H.R. 133 incorporates S. 1294, the
``Broadband Interagency Coordination Act''. This legislation
requires the FCC, the National Telecommunications and
Information Administration, and the Department of Agriculture
to enter into an interagency agreement to coordinate the
distribution of Federal funds for broadband programs, to
prevent duplication of support, and ensure stewardship of
taxpayer dollars.
Legislative History
H.R. 133--On January 3, 2019, H.R. 133, the ``United
States-Mexico Economic Partnership Act'', was introduced by
Representative Cuellar and referred to the Committee on Foreign
Affairs. On January 10, 2019, the House considered H.R. 133
under a motion to suspend the Rules and passed H.R. 133 by a
voice vote. On January 15, 2020, the Senate passed H.R. 133,
amended, by unanimous consent.
On December 21, 2020, the House passed an amendment to the
Senate amendment to H.R. 133 with portions of an amendment
comprising divisions B, C, E, and F by a recorded vote of 327
yeas and 85 nays (Roll no. 250) and an amendment to the Senate
amendment to H.R. 133 (except divisions B, C, E, and F) by a
recorded vote of 359 yeas and 53 nays (Roll no. 251). That same
day, the House pass the Senate amendment to H.R. 133 with
amendment by unanimous consent.
On December 21, 2020, the Senate passed the House amendment
to the Senate amendment to H.R. 133 by a recorded vote of 92
yeas to 6 nays (Recorded Vote Number: 289). On December 27,
2020, the President signed H.R. 133 into law. The Public Law
number had not been assigned when this report was filed.
H.R. 451--On January 10, 2019, H.R. 451, the ``Don't Break
Up the T-Band Act of 2020'', was introduced by Representative
Engel (NY-16) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on January 25,
2019. On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills,
including H.R. 451. Testimony was received from Matthew Gerst,
Vice President, Regulatory Affairs, CTIA; Sue Ann Atkerson,
CEO, Behavioral Health Link; Anthony Gossner, Fire Chief, City
of Santa Rosa, CA; Joseph Torres, Senior Director of Strategy
and Engagement, Free Press and Free Press Action; Daniel Henry,
Regulatory Counsel and Director of Government Affairs, National
Emergency Number Association; and Allen F. Bell, Distribution
Manager, Georgia Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 451 and
forwarded the bill, amended, to the full Committee on Energy
and Commerce by a voice vote.
On July 15, 2020, the full Committee met in virtual open
markup session to consider H.R. 451, as amended by the
Subcommittee, and ordered the bill reported favorably to the
House, as amended, by a voice vote.
On September 18, 2020, the Committee on Energy and Commerce
reported H.R. 451 to the House (H. Rept. 116-521) and the bill
was placed on the Union Calendar (Calendar No. 421).
On September 21, 2020, the House considered H.R. 451 under
a motion to suspend the Rules and passed the bill, as amended,
by a recorded vote of 410 yeas and 5 nays on September 23,
2020.
On September 24, 2020, the Senate received H.R. 451, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation. No further action was
taken on the bill H.R. 451 in the 116th Congress. For further
action related to this legislation, see H.R. 133.
H.R. 1328--On February 25, 2019, H.R. 1328, the ``ACCESS
BROADBAND Act'', was introduced by Representative Tonko and the
bill was referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on
Communications and Technology on February 26, 2019.
On May 8, 2019, the House considered H.R. 1328 under a
motion to suspend the Rules and the bill passed, as amended, by
a voice vote.
On May 9, 2019, the Senate received H.R. 1328, read the
bill twice, and referred the bill to the Senate Committee on
Commerce, Science, and Transportation. For further action
related to this legislation, see H.R. 133.
H.R. 8545--On October 6, 2020, H.R. 8545, the ``Beat CHINA
for 5G Act of 2020'', was introduced by Representative Walden
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Communications
and Technology on October 7, 2020. For further action related
to this legislation, see H.R. 133.
H.R. 451, H.R. 1328, and H.R. 8545 were incorporated into
H.R. 133, which was signed into law on December 27, 2020.
Moving Forward Act
H.R. 2
(H.R. 1328, H.R. 1693, H.R. 2760, H.R. 2785, H.R. 3278, H.R. 4127, H.R.
4486, H.R. 6563, H.R. 6881, H.R. 8665)
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Summary
Section 31101 of H.R. 2 incorporates H.R. 1328, the
``ACCESS BROADBAND Act''. The legislation establishes the
Office of Internet Connectivity and Growth within the National
Telecommunications and Information Administration.
Section 31341 of H.R. 2 incorporates H.R. 1693, a bill to
require the Federal Communications Commission to make the
provision of Wi-Fi access on school buses eligible for E-rate
support. This legislation requires that the provision of Wi-Fi
access on school buses be made eligible for support under the
E-Rate programs, which allots broadband discounts to schools
and libraries.
Section 31601 of H.R. 2 incorporates H.R. 2760, the ``Next
Generation 9-1-1 Act of 2019''. The legislation establishes a
Federal grant program to help state and local governments
deploy next generation (interoperable, secure, Internet
Protocol-based) 9-1-1 systems across the United States,
enabling emergency call centers to receive, process, and
analyze all types of 9-1-1 requests for emergency aid.
Section 31401 of H.R. 2 incorporates H.R. 2785, the
``Community Broadband Act of 2019''. This legislation prohibits
state and local entities from blocking the provision of
broadband by public providers or public-private partnership
providers. Further, public providers and state or local
entities participating in such a partnership must administer
applicable ordinances and rules without discrimination against
competing private providers.
Section 31301 of H.R. 2 incorporates H.R. 3278, the
``Connect America Act of 2019''. This legislation requires the
FCC to establish a funding program to expand broadband access
for unserved and underserved areas and unserved anchor
institutions, such as schools or libraries. The program shall
consist of both a national reverse auction and population-based
grants to states.
Section 31321 of H.R. 2 incorporates H.R. 4127, the
``Broadband Infrastructure Finance and Innovation Act of
2019''. This legislation requires the National
Telecommunications and Information Administration to make
financing available for the construction and deployment of
broadband infrastructure through a broadband infrastructure
finance and innovation program. Specifically, the bill provides
a means for communities and public-private partnerships to
apply for low-interest secured loans, lines of credit, or loan
guarantees to finance broadband infrastructure investments.
Section 31121 of H.R. 2 incorporates H.R. 4486, the
``Digital Equity Act of 2019''. This legislation requires the
National Telecommunications and Information Administration to
establish grant programs for promoting digital equity,
supporting digital inclusion activities, and building capacity
for state-led efforts to increase adoption of broadband by
their residents. Specifically, the bill establishes the State
Digital Equity Capacity Grant Program to make distributions to
states based on their populations, demographics, and
availability and adoption of broadband. The bill also
establishes the Digital Equity Competitive Grant Program for
supporting efforts to achieve digital equity, promote digital
inclusion, and stimulate adoption of broadband.
Section 31161 of H.R. 2 incorporates H.R. 6563, the
``Emergency Educational Connections Act of 2020''. This
legislation establishes and provides funding for the Emergency
Connectivity Fund, from which the FCC must provide support for
certain schools or libraries to purchase specified
telecommunications equipment. Specifically, the FCC shall
provide funds to certain elementary schools, secondary schools,
or libraries to purchase telecommunications equipment or
services (e.g., Wi-Fi hotspots, modems, and routers) for use by
students, staff, or patrons at locations that include locations
other than the schools or libraries. Priority must be given to
students, staff, or patrons who do not have access to such
equipment or services. Funding recipients are authorized to use
purchased equipment for appropriate purposes but may not sell
or transfer such equipment for anything of value, except for
upgraded equipment of the same type.
Section 31141 of H.R. 2 incorporates H.R. 6881, the
``Emergency Broadband Connections Act of 2020''. This
legislation establishes a program to provide eligible
households a discount on internet service, upon request by a
member of such household, and creates a fund at the FCC to
reimburse providers the cost of providing such discount. The
legislation also allows providers to seek a reimbursement for
providing low-cost devices such as computers and tablets to
eligible households.
Section 31701 of H.R. 2 incorporates H.R. 8665, the
``Extending Tribal Broadband Priority Act of 2020''. The
legislation directs the FCC to establish a new Tribal priority
window to apply for use of spectrum in the 2.5 gigahertz band.
Legislative History
On June 11, 2020, H.R. 2 was introduced by Representative
DeFazio (OR-04) and referred to the Committee on Transportation
and Infrastructure.
On July 1, 2020, H.R. 2 was considered in the House
pursuant to the provisions of H. Res. 1028 and the bill, as
amended, was passed by a recorded vote of 233 yeas to 188 nays
(Roll Call No. 138).
On July 20, 2020, H.R. 2 was received in the Senate.
No further action was taken on H.R. 2 in the 116th
Congress.
H.R. 2 contains provisions of the following bills: H.R.
1328, the ``ACCESS BROADBAND Act'', introduced by
Representative Tonko; H.R. 1693, a bill to require the Federal
Communications Commission to make the provision of Wi-Fi access
on school buses eligible for E-rate support, introduced by
Representative Lujan; H.R. 2760, the ``Next Generation 9-1-1
Act of 2019'', introduced by Representative Eshoo (CA-18); H.R.
2785, the ``Community Broadband Act of 2019'', introduced by
Representative Eshoo; H.R. 3278, the ``Connect America Act of
2019'', introduced by Representative Loebsack; H.R. 4127, the
``Broadband Infrastructure Finance and Innovation Act of
2019'', introduced by Representative Lujan; H.R. 4486, the
``Digital Equity Act of 2019'', introduced by Representative
McNerney; H.R. 6563, the ``Emergency Educational Connections
Act of 2020'', introduced by Representative Meng; H.R. 6881,
the ``Emergency Broadband Connections Act of 2020'', introduced
by Representative Veasey (TX-33); and H.R. 8665, the
``Extending Tribal Broadband Priority Act of 2020'', introduced
by Representative Haaland.
Phone Act of 2020
H.R. 1289
To amend the Communications Act of 1934 to provide for a
moratorium on number reassignment after a disaster declaration,
and for other purposes.
Summary
This legislation would prohibit providers of fixed wireline
voice service from reassigning, rescinding, or otherwise
modifying subscribers' phone numbers in the aftermath of a
major disaster declaration by the President, among other
things.
Legislative History
On February 14, 2019, H.R. 1289 was introduced by
Representative Thompson (CA-05) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Communications and Technology on February
15, 2019.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills,
including H.R. 1289. The witnesses included Matthew Gerst, Vice
President, Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO,
Behavioral Health Link; Anthony Gossner, Fire Chief, City of
Santa Rosa, CA; Joseph Torres, Senior Director of Strategy and
Engagement, Free Press and Free Press Action; Daniel Henry,
Regulatory Counsel and Director of Government Affairs, National
Emergency Number Association; and Allen F. Bell, Distribution
Manager, Georgia Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology held an open markup session on H.R. 1289 and
forwarded the bill to the Committee on Energy and Commerce,
amended, by a voice vote.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 1289 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 1289 to the House (H. Rept. 116-541). That same
day, the House considered H.R. 1289 under a motion to suspend
the Rules and passed the bill, as amended, by a voice vote.
On September 30, 2020, the Senate received H.R. 1289, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation.
No further action was taken on H.R. 1289 in the 116th
Congress.
Save the Internet Act of 2019
H.R. 1644
To restore the open internet order of the Commission.
Summary
This legislation would codify the FCC's 2015 Open Internet
Order.
Legislative History
On March 8, 2019, H.R. 1644 was introduced by
Representative Doyle and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on March 9, 2019.
On March 26, 2019, the Subcommittee on Communications and
Technology held a legislative hearing on H.R. 1644. The
witnesses included Francella Ochillo, Vice President of Policy
and General Counsel, National Hispanic Media Coalition; Matt
Wood, Vice President of Policy and General Counsel, Free Press
Action; Gregory Green, Chief Executive Officer, Fatbeam; and
Robert M. McDowell, Senior Fellow, Hudson Institute, Partner,
Cooley LLP.
On March 26, 2019, the Subcommittee met in open markup
session to consider H.R. 1644 and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
recorded vote of 18 yeas and 11 nays.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1644 and ordered the
bill reported favorably to the House, amended, by recorded vote
of 30 yeas to 22 nays.
On April 5, 2019, the Committee on Energy and Commerce
reported H.R. 1644 to the House (H. Rept. 116-34). On April 9,
2019, the House considered H.R. 1644 pursuant to the provisions
of rule H. Res. 294 and passed the bill, amended, by a recorded
vote of 232 yeas and 190 nays (Roll No. 167).
On April 11, 2019, H.R. 1644 was received in the Senate and
placed on the Legislative Calendar under General Orders
(Calendar No. 74).
No further action was taken on H.R. 1644 in the 116th
Congress.
E-Frontier Act
H.R. 2063
To prohibit the President or a Federal agency from
constructing, operating, or offering wholesale or retail
services on broadband networks without authorization from
Congress, and for other purposes.
Summary
This legislation would prohibit the President or any
Federal agency from constructing or operating broadband
networks or providing wholesale or retail service on a
broadband network without prior authorization from Congress.
Legislative History
On April 3, 2019, H.R. 2063 was introduced by
Representative Cardenas and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on April 4, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on H.R. 2063 and six
other bills. The witnesses included John Nettles, President,
Pine Belt Wireless; Harold Feld, Senior Vice President, Public
Knowledge; Dean R. Brenner, Senior Vice President, Spectrum
Strategy and Tech Policy, Qualcomm Incorporated; and Bobbie
Stempfley, Managing Director, CERT Division, Software
Engineering Institute, Carnegie Mellon University.
No further action was taken on H.R. 2063 in the 116th
Congress.
Broadband MAPS Act of 2019
H.R. 2643
To direct the FCC to establish a challenge process to
verify fixed and mobile broadband service coverage data.
Summary
This legislation would require the FCC to establish a
challenge process to be used to verify the collection and use
of fixed and mobile broadband service coverage data submitted
to the FCC by private entities and governmental entities to
verify fixed and mobile broadband coverage.
Legislative History
On May 9, 2019, H.R. 2643 was introduced by Representative
Latta and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on
Communications and Technology on May 10, 2019.
On September 11, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on six bills,
including H.R. 2643. The witnesses included James M. Assey,
Executive Vice President, NCTA--The Internet & Television
Association; Shirley Bloomfield, Chief Executive Officer,
NTCA--The Rural Broadband Association; Dana J. Floberg, Policy
Manager, Free Press & Free Press Action; Jonathan Spalter,
President and CEO, US Telecom Association; Grant Spellmeyer,
Vice President, Federal Affairs & Public Policy, U.S. Cellular;
and James W. Stegeman, President/CEO, CostQuest Associates.
No further action was taken on H.R. 2643 in the 116th
Congress.
Leading Infrastructure for Tomorrow's America Act
H.R. 2741 (H.R. 2760, H.R. 3278, H.R. 4127)
To rebuild and modernize the Nation's infrastructure to
expand access to broadband and Next Generation 9-1-1,
rehabilitate drinking water infrastructure, modernize the
electric grid and energy supply infrastructure, redevelop
brownfields, strengthen health care infrastructure, create
jobs, and protect public health and the environment, and for
other purposes.
Summary
Section 12001 of H.R. 2741 incorporates H.R. 2760, the
``Next Generation 9-1-1 Act of 2019''. The legislation
establishes a Federal grant program to help state and local
governments deploy next generation (interoperable, secure,
Internet Protocol-based) 9-1-1 systems across the United
States, enabling emergency call centers to receive, process,
and analyze all types of 9-1-1 requests for emergency aid.
Section 14 of H.R. 2741 incorporates H.R. 3278, the
``Connect America Act of 2019''. This legislation requires the
FCC to establish a funding program to expand broadband access
for unserved and underserved areas and unserved anchor
institutions, such as schools or libraries. The program shall
consist of both a national reverse auction and population-based
grants to states.
Section 11001 of H.R. 2741 incorporates H.R. 4127, the
``Broadband Infrastructure Finance and Innovation Act of
2019''. The legislation requires the National
Telecommunications and Information Administration to make
financing available for the construction and deployment of
broadband infrastructure through a broadband infrastructure
finance and innovation program. Specifically, the bill provides
a means for communities and public-private partnerships to
apply for low-interest secured loans, lines of credit, or loan
guarantees to finance broadband infrastructure investments.
Legislative History
On May 15, 2019, H.R. 2741 was introduced by Representative
Pallone and referred to the Committee on Energy and Commerce,
and in addition to the Committees on Natural Resources,
Science, Space, and Technology, Ways and Means, Transportation
and Infrastructure, and Education and Labor On May 22, 2019,
the Committee on Energy and Commerce held a legislative hearing
on H.R. 2741. The witnesses included Mignon L. Clyburn,
Principal, MLC Strategies, LLC; John Auerbach, MBA, President
and CEO, Trust for America's Health; Jessica Eckdish,
Legislative Director, BlueGreen Alliance; the Honorable Brian
Wahler, Mayor, Piscataway Township New Jersey, on behalf of the
U.S. Conference of Mayors; Daniel Lyons, Visiting Fellow,
American Enterprise Institute (AEI); and Christopher Guith,
Acting President, Global Energy Institute, U.S. Chamber of
Commerce.
No further action was taken on H.R. 2741 in the 116th
Congress.
On May 15, 2019, H.R. 2760 was introduced by Representative
Eshoo and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on
Communications and Technology on May 16, 2019.
No further action was taken on H.R. 2760 in the 116th
Congress.
On June 13, 2019, H.R. 3278 was introduced by
Representative Loebsack and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on June 14, 2019.
No further action was taken on H.R. 3278 in the 116th
Congress.
On July 30, 2019, H.R. 4127 was introduced by
Representative Lujan and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on July 31, 2019.
No further action was taken on H.R. 4127 in the 116th
Congress.
The provisions of H.R. 2760, H.R. 3278, and H.R. 4127 were
included in H.R. 2741.
Wireless Infrastructure Resiliency During Emergencies and Disaster Act
H.R. 3836
To amend section 332 of the Communications Act of 1934 to
include public safety requirements in terms and conditions
states may require of mobile services.
Summary
This legislation would amend the Communications Act to
specify that state and local governments may impose reasonable
requirements to promote resilient wireless communications
infrastructure for situational awareness during a natural
disaster.
Legislative History
On July 18, 2019, H.R. 3836 was introduced by
Representative Eshoo and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on July 19, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills,
including H.R. 3836. The witnesses included John Nettles,
President, Pine Belt Wireless; Harold Feld, Senior Vice
President, Public Knowledge; Dean R. Brenner, Senior Vice
President, Spectrum Strategy and Tech Policy, Qualcomm
Incorporated; and Bobbie Stempfley, Managing Director, CERT
Division, Software Engineering Institute, Carnegie Mellon
University.
No further action was taken on H.R. 3836 in the 116th
Congress.
Expanding Broadcast Ownership Opportunities Act of 2019
H.R. 3957
To direct the Commission to take certain actions to
increase diversity of ownership in the broadcasting industry,
and for other purposes.
Summary
This legislation would reinstate the tax certificate
program at FCC. The program had incentivized broadcast station
sales to women and members of minority groups and encouraged
investment of capital in stations owned by women and members of
minority groups. The bill would also require the FCC to make
recommendations to Congress for increasing the number of
broadcast stations owned by women and members of minority
groups and submit to Congress a report every two years stating
the total number of women- and minority-owned broadcast
stations.
Legislative History
On July 25, 2019, H.R. 3957 was introduced by
Representative Butterfield and referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways
and Means. The bill was subsequently referred to the
Subcommittee on Communications and Technology that same day. On
January 15, 2020, the Subcommittee on Communications and
Technology held a legislative hearing on four bills, including
H.R. 3957. The witnesses included Maurita Coley, Esq.,
President and CEO, Multicultural Media, Telecom, and Internet
Council; Clint Odom, Senior Vice President, Advocacy & Policy,
Executive Director, Washington Bureau, National Urban League;
Catherine J.K. Sandoval, Associate Professor, Santa Clara
University School of Law; and Diane Sutter, President/CEO,
ShootingStar Inc.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 3957 and
forwarded the bill, amended, to the full Committee on Energy
and Commerce.
On September 9, 2020, the full Committee met in virtual
open markup session to consider H.R. 3957 and ordered the bill
reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 3957 in the 116th
Congress.
Map Improvement Act of 2019
H.R. 4128
To improve the collection and aggregation of fixed and
mobile broadband internet service coverage data, and for other
purposes.
Summary
This legislation would require the FCC, in coordination
with the NTIA, to establish a standardized methodology for
collecting and mapping fixed and mobile broadband internet
service coverage data in the United States. The bill would also
require a standardized challenge process to verify coverage
data from providers and challenge any aspects of the data
believed to be inaccurate. The FCC would be required to
establish an Office of Broadband Data Collection and Mapping
within the Commission to serve as the central point of data
collection, aggregation, and validation. The NTIA would be
required to establish a technical assistance program under
which the Assistant Secretary of Commerce for Communications
and Information would provide grants to state and local
entities to assist with data collection.
Legislative History
On July 30, 2019, H.R. 4128 was introduced by
Representatives Lujan and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on July 31, 2019.
On September 11, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on six bills,
including H.R. 4128. The witnesses included James M. Assey,
Executive Vice President, NCTA--The Internet & Television
Association; Shirley Bloomfield, Chief Executive Officer,
NTCA--The Rural Broadband Association; Dana J. Floberg, Policy
Manager, Free Press & Free Press Action; Jonathan Spalter,
President and CEO, US Telecom Association; Grant Spellmeyer,
Vice President, Federal Affairs & Public Policy, U.S. Cellular;
and James W. Stegeman, President/CEO, CostQuest Associates.
No further action was taken on H.R. 4128 in the 116th
Congress.
Network Security Information Sharing Act of 2019
H.R. 4461
To direct the Secretary of Homeland Security to establish a
program to share information regarding supply chain security
risks with trusted providers of advanced communications service
and trusted suppliers of communications equipment or services,
and for other purposes.
Summary
This legislation would direct the Director of the Federal
Bureau of Investigation, NTIA, and the FCC, to establish a
program to share supply chain security risks with advanced
communications service providers and trusted suppliers of
telecommunications equipment and services.
Legislative History
On September 24, 2019, H.R. 4461 was introduced by
Representative Kinzinger (IL-16) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Communications and Technology on September
25, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills,
including H.R. 4461. The witnesses included John Nettles,
President, Pine Belt Wireless; Harold Feld, Senior Vice
President, Public Knowledge; Dean R. Brenner, Senior Vice
President, Spectrum Strategy and Tech Policy, Qualcomm
Incorporated; and Bobbie Stempfley, Managing Director, CERT
Division, Software Engineering Institute, Carnegie Mellon
University.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session for consideration of
H.R. 4461 and forwarded the bill to the Committee on Energy and
Commerce, amended, by a voice vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 4461 and ordered
the bill reported favorably to the House, as amended, by a
voice vote.
No further action was taken on H.R. 4461 in the 116th
Congress.
Promoting United States Wireless Leadership Act of 2019
H.R. 4500
To direct the Assistant Secretary for Communications and
Information to take certain actions to enhance the
representation of the United States and promote United States
leadership in communications standards-setting bodies, and for
other purposes.
Summary
This legislation would direct the Assistant Secretary for
Communications and Information for the Department of Commerce
to take certain actions to enhance the representation of the
United States and promote United States leadership in
communications standards-setting bodies.
Legislative History
On September 26, 2019, H.R. 4500 was introduced by
Representative Walberg (MI-07) and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Foreign Affairs. The bill was subsequently referred to the
Subcommittee on Communications and Technology on September 27,
2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills,
including H.R. 4500. The witnesses included John Nettles,
President, Pine Belt Wireless; Harold Feld, Senior Vice
President, Public Knowledge; Dean R. Brenner, Senior Vice
President, Spectrum Strategy and Tech Policy, Qualcomm
Incorporated; and Bobbie Stempfley, Managing Director, CERT
Division, Software Engineering Institute, Carnegie Mellon
University.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session for consideration of
H.R. 4500 and forwarded the bill to the Committee on Energy and
Commerce, amended, by voice vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 4500 and ordered
the bill reported favorably to the House, amended, by a voice
vote.
On January 7, 2020, the Committee on Energy and Commerce
reported H.R. 4500 to the House (H. Rept. 116-367). On January
8, 2020, the House considered H.R. 4500 under suspension of the
Rules and the bill passed, as amended, by a voice vote.
On January 9, 2020, the Senate received H.R. 4500, read the
bill twice, and referred it to the Senate Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 4500 in the 116th
Congress.
C-Band Act
H.R. 4855
To amend the Communications Act of 1934 to provide for an
auction of C-Band spectrum, and for other purposes.
Summary
This legislation would require the FCC to conduct a public
auction of no less than 200 MHz and no more than 300 MHz of C-
band spectrum by September 30, 2022. The bill would also
protect C-band-dependent users by requiring that they continue
to receive equal or better service throughout and after the
transition process.
Legislative History
On October 24, 2019, H.R. 4855 was introduced by
Representative Doyle and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on October 26,
2019.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 4855 and
forwarded the bill, without amendment, to the Committee on
Energy and Commerce.
No further action was taken on H.R. 4855 in the 116th
Congress.
Studying How to Harness Airwave Resources Efficiently Act of 2019
H.R. 5000 (H.R. 4462)
To amend the National Telecommunications and Information
Administration Organization Act to provide for the
establishment of an electromagnetic spectrum sharing research
and development program and an integrated spectrum automation
enterprise strategy, and for other purposes.
Summary
This legislation would require the NTIA, in consultation
with the FCC, to establish a spectrum sharing and prototyping
program and test bed to explore new ways for Federal entities
to share spectrum with other Federal entities. The legislation
would authorize $50 million for NTIA to establish the spectrum
sharing prototyping and test bed program. It would also require
NTIA and the FCC, in consultation with the National Institute
of Standards and Technology, to submit a report to Congress on
how to improve and expand the spectrum sharing techniques
developed for the 3.5 GHz band, or other spectrum sharing
strategies, and consider their applicability to other bands,
including 3.1 GHz to 3.55 GHz and 7.1 GHz to 8.4 GHz, among
other considerations.
Legislative History
On September 24, 2019, H.R. 4462 was introduced by
Representative Doyle and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on September 25,
2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills,
including H.R. 4462. The witnesses included John Nettles,
President, Pine Belt Wireless; Harold Feld, Senior Vice
President, Public Knowledge; Dean R. Brenner, Senior Vice
President, Spectrum Strategy and Tech Policy, Qualcomm
Incorporated; and Bobbie Stempfley, Managing Director, CERT
Division, Software Engineering Institute, Carnegie Mellon
University.
On November 8, 2019, H.R. 5000 was introduced by
Representative Doyle in lieu of a similar bill, H.R. 4462, and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications and
Technology on November 9, 2019.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session to consider H.R. 5000
and forwarded the bill to the Committee on Energy and Commerce,
without amendment, by a voice vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 5000 and ordered
the bill reported favorably to the House, amended, by a voice
vote.
No further action was taken on H.R. 5000 in the 116th
Congress.
Enhancing Broadcaster Diversity Data Act
H.R. 5564
To amend the Communications Act of 1934 to provide for
certain requirements with respect to ownership and diversity
reporting for television broadcast stations and cable
operators, and for other purposes.
Summary
The legislation would require the FCC to complete its
rulemaking reviewing the FCC's broadcast and cable equal
employment opportunity rules. The bill would also prohibit the
FCC from substantially revising broadcast ownership data
reporting requirements and requires the FCC to include an
analysis of the data in its communications marketplace report.
The bill also requires the FCC to create a public, searchable
database of the broadcast ownership data collected by the FCC.
Legislative History
On January 9, 2020, H.R. 5564 was introduced by
Representative Clarke and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on January 10,
2020.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 5564 and
forwarded the bill, amended, to the full Committee on Energy
and Commerce.
On September 9, 2020, the full Committee met in virtual
open markup session to consider H.R. 5564 and ordered the bill
reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 5564 in the 116th
Congress.
Media Diversity Act of 2020
H.R. 5567
To amend the Communications Act of 1934 to require the
Commission to consider market entry barriers for socially
disadvantaged individuals in the communications marketplace
report under section 13 of such Act.
Summary
The legislation is to require the FCC to consider market
entry barriers in the communications marketplace for socially
disadvantaged individuals.
Legislative History
On January 9, 2020, H.R. 5567 was introduced by
Representative Long (MO-07) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on January 10,
2020.
On January 15, 2020, the Subcommittee on Communications and
Technology held a legislative hearing on four bills, including
H.R. 5567. The witnesses included Maurita Coley, Esq.,
President and CEO, Multicultural Media, Telecom, and Internet
Council; Clint Odom, Senior Vice President, Advocacy & Policy,
Executive Director, Washington Bureau, National Urban League;
Catherine J.K. Sandoval, Associate Professor, Santa Clara
University School of Law; and Diane Sutter, President/CEO,
ShootingStar Inc.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 5567 and
forwarded the bill, without amendment, to the Committee on
Energy and Commerce by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 5567 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On September 18, 2020, the Committee on Energy and Commerce
reported H.R. 5567 to the House (H. Rept. 116-523). On
September 21, 2020, the House considered H.R. 5567 under
suspension of the Rules and passed the bill, without amendment,
by a voice vote.
On September 22, 2020, the Senate received H.R. 5567, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation.
No further action was taken on H.R. 5567 in the 116th
Congress.
To Direct the Federal Communications Commission to Issue Reports After
the Activation of the Disaster Information Reporting System and to Make
Improvements to Network Outage Reporting
H.R. 5918
To direct the Commission to issue reports after activation
of the Disaster Information Reporting System and to make
improvements to network outage reporting.
Summary
This legislation would require the FCC to issue reports and
hold at least one field hearing when the Disaster Information
Reporting System has been active for at least seven days. H.R.
5918 would also require the FCC to conduct a proceeding to
improve sharing of network outage information between
communications service providers and public safety answering
points (PSAPs).
Legislative History
On February 14, 2020, H.R. 5918 was introduced by
Representative Matsui and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on February 15,
2020.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills,
including H.R. 5918. The witnesses included Matthew Gerst, Vice
President, Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO,
Behavioral Health Link; Anthony Gossner, Fire Chief, City of
Santa Rosa, CA; Joseph Torres, Senior Director of Strategy and
Engagement, Free Press and Free Press Action; Daniel Henry,
Regulatory Counsel and Director of Government Affairs, National
Emergency Number Association; and Allen F. Bell, Distribution
Manager, Georgia Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 5918 and
forwarded the bill, without amendment, to the Committee on
Energy and Commerce by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 5918 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 18, 2020, the Committee on Energy and Commerce
reported H.R. 5918 to the House (H. Rept. 116-522). On
September 21, 2020, the House considered H.R. 5918 under
suspension of the Rules and the bill passed, amended, by a
voice vote.
On September 22, 2020, the Senate received H.R. 5918, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation.
No further action was taken on H.R. 5918 in the 116th
Congress.
Resilient Networks Act
H.R. 5926
To amend the Communications Act of 1934 to provide for
expedient restoration of advanced communications service
networks during times of emergency, and for other purposes.
Summary
This legislation would require the FCC to adopt rules
requiring pre-planned coordination agreements among advanced
communications service providers to take effect during times of
emergency, including roaming agreements and mutual aid
arrangements. The RESILIENT Networks Act would direct the FCC
to adopt rules to improve coordination between communications
providers and PSAPs, as well as covered public safety entities.
The bill includes mechanisms to ensure that these first
responders are provided with network outage data to help guide
disaster response.
The FCC, in consultation with the Secretary of Energy,
would be required to establish a master point-of-contact
directory to facilitate communication between PSAPs, utilities,
and communications service providers. Under the RESILIENT
Networks Act, the FCC, in consultation with the Secretary of
Energy and the Secretary of Homeland Security, would also have
to ensure that providers of advanced communications service
take measures to integrate backup power, including generators
and batteries, into their networks for times of emergency and
pre-planned power downs.
The FCC, in consultation with the Secretary of Energy and
Secretary of Homeland Security, would also be required to issue
best practices for coordination between communications service
providers and utilities for times of emergency and during pre-
planned power downs. The Act would also create a process
whereby utilities and providers of advanced communications
service can share information so utilities can prioritize
reenergizing the most critical communications networks.
To help stop accidental network line-cuts following
emergencies, the RESILIENT Networks Act would require the FCC
to issue a report to Congress on the effectiveness and
feasibility of expanding one-call notification systems to
include advanced communications services. The bill would also
require the FCC to study, and issue rules, that account for and
leverage 5G wireless networks' particular challenges and their
inherent advantages in times of emergency.
Finally, the bill would require the Comptroller General to
audit the FCC's response to the 2017 Hurricane Season in Puerto
Rico. The Comptroller General then must publish a report of
this audit, including findings and recommendations, and the FCC
must take action to address issues raised in the Comptroller
General's report.
Legislative History
On February 18, 2020, H.R. 5926 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on February 19,
2020.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills,
including H.R. 5926. The witnesses included Matthew Gerst, Vice
President, Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO,
Behavioral Health Link; Anthony Gossner, Fire Chief, City of
Santa Rosa, CA; Joseph Torres, Senior Director of Strategy and
Engagement, Free Press and Free Press Action; Daniel Henry,
Regulatory Counsel and Director of Government Affairs, National
Emergency Number Association; and Allen F. Bell, Distribution
Manager, Georgia Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 5926 and
forwarded the bill, without amendment, to the Committee on
Energy and Commerce by a voice vote.
No further action was taken on H.R. 5926 in the 116th
Congress.
First Responder Act of 2020
H.R. 5928
To repeal the requirement to reallocate and auction the T-
Band spectrum, to amend the Wireless Communications and Public
Safety Act of 1999 to clarify acceptable 9-1-1 obligations or
expenditures, and for other purposes.
Summary
This legislation would repeal the requirement on the FCC to
reallocate and auction the 470 through 512 MHz spectrum band,
also known as the T-Band. The bill would also instruct the FCC
to issue rules designating specific purposes and functions that
are considered acceptable expenditures of state-collected 9-1-1
fees. The FIRST RESPONDER Act also directs the FCC to establish
the ``Ending 9-1-1 Fee Diversion Now Strike Force'' (Strike
Force) to consider whether existing Federal laws and
regulations, as well as the prospect of new criminal penalties,
are effective mechanisms for ending the practice by states of
diverting 9-1-1 fees for non-9-1-1 related purposes. In
addition to the FCC's annual report to Congress on 9-1-1 fees,
the FIRST RESPONDER Act would require the Strike Force to
submit a report to Congress with recommendations for ending
diversion of 9-1-1 fees by states.
Legislative History
On February 18, 2020, H.R. 5928 was introduced by
Representative Walden and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on February 19,
2020.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills,
including H.R. 5928. The witnesses included Matthew Gerst, Vice
President, Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO,
Behavioral Health Link; Anthony Gossner, Fire Chief, City of
Santa Rosa, CA; Joseph Torres, Senior Director of Strategy and
Engagement, Free Press and Free Press Action; Daniel Henry,
Regulatory Counsel and Director of Government Affairs, National
Emergency Number Association; and Allen F. Bell, Distribution
Manager, Georgia Power Company.
No further action was taken on H.R. 5928 in the 116th
Congress.
National Defense Authorization Act for Fiscal Year 2021
H.R. 6395 (H.R. 6096, H.R. 6624, H.R. 7310, H.R. 8115)
To authorize appropriations for fiscal year 2021 military
activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes.
Summary
Section 9201 of H.R. 6395 incorporates H.R. 6096, the
``READI Act''. This legislation would strengthen the FCC's
oversight of communications systems transmitting emergency
alerts, improve preparedness of State Emergency Communications
Committees (SECC), and examine methods for expanding the reach
of emergency alerts using new technologies.
Section 225 of H.R. 6395 incorporates H.R. 6624, the ``USA
Telecommunications Act''. This legislation would create a new
program that would, among other things, promote technology that
will enhance competitiveness in the supply chains of Open Radio
Access Networks (Open RAN) 5G Networks, accelerate the
deployment of Open Network Equipment, and promote the inclusion
of security features that enhance the integrity and
availability of such equipment. The National Telecommunications
and Information Administration also would have to establish the
criteria for a grant award, establish a committee that advises
on technology developments to inform both the grant program and
government efforts to support Open RAN 5G Network supply
chains, and report on the grant program and 5G network supply
chains.
Section 9203 of H.R. 6395 incorporates H.R. 7310, the
``Spectrum Modernization Act of 2020''. This legislation would,
among other things, require the National Telecommunications and
Information Administration, in consultation with the Policy and
Plans Steering Group, to submit to Congress a report on its
plans to modernize agency information technology systems
relating to managing the use of Federal spectrum. It would also
require the Government Accountability Office to conduct
oversight over the implementation of the plans.
Section 9204 of H.R. 6395 incorporates H.R. 8115, the
``DIGIT Act''. This legislation ensures appropriate
prioritization, spectrum planning, and interagency coordination
to support the Internet of Things.
Legislative History
On March 26, 2020, H.R. 6395 was introduced by
Representative Smith (WA-09) and referred to the Committee on
Armed Services.
On July 20, 2020, H.R. 6395 was considered in the House
pursuant to the provisions of H. Res. 1053, and the bill was
passed by a recorded vote of 295 yeas and 125 nays (Roll Call
No. 152).
On August 5, 2020, H.R. 6395 was received in the Senate,
read twice, and placed on Senate Legislative Calendar under
General Orders (Calendar No. 505).
On November 16, 2020, the Senate passed H.R. 6395, amended,
by a voice vote. On November 18, 2020, the House agreed to a
motion that the House disagree to the Senate amendment to H.R.
6395 and request a conference with the Senate thereon by
unanimous consent.
On November 18, 2020, the Speaker appointed conferees. From
the Committee on Energy and Commerce, the Speaker appointed
Representative Pallone, Representative DeGette, and
Representative Walden for consideration of secs. 223, 229, 332,
335, 535, 540H, 601, 705, 736, 1299N-2, 1641, 1760, 1761, 1772,
1793, 1821, 1823, 1824, 2835, 3201, 3511, 3601, 5101-04, 5109,
10306, and 11206 of the House bill, and secs. 311, 319, 703,
1053, 1091, 1092, 1094, 1098, 1099, 2841, 3121, 3125, 3131,
3132, 5239, 6082-84, subtitle I of title LX of division E,
secs. 6299F, 6614, 6704, and 6706 of the Senate amendment and
modifications committed to conference.
On December 2, 2020, the Senate insisted on its amendment,
agreed to the request for a conference, and appointed the
following conferees, Senator Inhofe (OK), Senator Wicker (MS),
Senator Fischer (NE), Senator Cotton (AR), Senator Rounds (SD),
Senator Ernst (IA), Senator Tillis (NC), Senator Sullivan (AK),
Senator Perdue (GA), Senator Cramer (ND), Senator Thune (SD),
Senator Scott (FL), Senator Blackburn (TN), Senator Hawley
(MO), Senator Reed (RI), Senator Shaheen (NH), Senator
Gillibrand (NY), Senator Blumenthal (CT), Senator Hirono (HI),
Senator Kaine (VA), Senator King (ME), Senator Heinrich (NM),
Senator Warren (MA), Senator Peters (MI), Senator Manchin (WV),
Senator Duckworth (IL), and Senator Jones (AL).
The conference report (H. Rept. 116-617) was filed on
December 3, 2020. On December 8, 2018, the conference report
was considered in the House pursuant to a special order and the
conference report was agreed to by a recorded vote of 335 yeas
to 78 nays and 1 present (Roll Call No. 238).
On December 11, 2020, the Senate agreed to the conference
report by a recorded vote of 84 yeas and 13 nays (Record Vote
Number: 264).
On December 11, 2020, H.R. 6395 was presented to the
President.
On December 23, 2020, the President vetoed H.R. 6395.
On December 28, 2020, the House considered H.R. 6395
pursuant to the provisions of H. Res. 1271 and two-thirds of
the Members present voted in the affirmative to pass H.R. 6395,
the objections of the President to the contrary
notwithstanding, by a recorded vote of 275 yeas to 134 nays
(Roll no. 252).
Further action on H.R. 6395 was pending with the Senate at
the time this report was filed.
On March 5, 2020, H.R. 6096 was introduced by
Representatives McNerney and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on March 6, 2020.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills,
including H.R. 6096. The witnesses included Matthew Gerst, Vice
President, Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO,
Behavioral Health Link; Anthony Gossner, Fire Chief, City of
Santa Rosa, CA; Joseph Torres, Senior Director of Strategy and
Engagement, Free Press and Free Press Action; Daniel Henry,
Regulatory Counsel and Director of Government Affairs, National
Emergency Number Association; and Allen F. Bell, Distribution
Manager, Georgia Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 6096 and
forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 6096 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 6096 to the House (H. Rept. 116-582, Part I). On
November 17, 2020, the House considered H.R. 6096 under a
motion to suspend the Rules and passed the bill, amended, by a
voice vote.
On November 18, 2020, the Senate received H.R. 6096, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation.
No further action was taken on this bill in the 116th
Congress.
On April 24, 2020, H.R. 6624 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on April 25,
2020.
The Committee on Energy and Commerce met in virtual open
markup session on July 15, 2020 to consider H.R. 6624 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 6624 to the House (H. Rept. 116-589). On November
17, 2020, the House considered H.R. 6624 under a motion to
suspend the Rules and the bill passed by a voice vote.
On November 18, 2020, the Senate received H.R. 6624, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation.
No further action was taken on this bill in the 116th
Congress.
On June 24, 2020, H.R. 7310 was introduced by
Representatives Latta and referred to the Committee on Energy
and Commerce, and in addition the Committee on Armed Services.
The bill was subsequently referred to the Subcommittee on
Communications and Technology on June 25, 2020.
The Committee on Energy and Commerce met in virtual open
markup session on July 15, 2020 to consider H.R. 7310 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On November 17, 2020. the Committee on Energy and Commerce
reported H.R. 7310 to the House (H. Rept. 116-592). That same
day, the House considered H.R. 7310 on a motion to suspend the
Rules and the bill passed by a voice vote.
On November 18, 2020, the Senate received H.R. 7310, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation.
No further action was taken on this bill in the 116th
Congress.
On August 25, 2020, H.R. 8115, the DIGIT Act, was
introduced by Representative Welch and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on August 26, 2020.
No further action was taken on this bill in the 116th
Congress. Provisions similar to H.R. 6096, H.R. 6624, H.R.
7310, and H.R. 8115 was included in H.R. 6395.
The Heroes Act
H.R. 6800 (H.R. 451, H.R. 6389, H.R. 6563, H.R. 6881)
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
Section 130501 of H.R. 6800 incorporates H.R. 451, the
``Don't Break Up the T-Band Act of 2020''. This legislation
repeals a provision of law requiring the FCC to reallocate and
auction a band of electromagnetic spectrum in the 470-512 MHz
band, commonly known as the ``T-Band spectrum.''
Section 130701 of H.R. 6800 incorporates H.R. 6389, the
``Martha Wright Prison Phone Justice Act''. This legislation
establishes requirements related to certain charges, practices,
classifications, or regulations in connection with confinement
facility communications services. Specifically, the bill
requires the FCC to establish maximum rates and charges that a
provider of confinement facility communications services may
charge for such services. The bill provides interim rate caps
until the FCC establishes such rates and charges. The bill
requires a provider of confinement facility communications
services to assess all charges for communications on a per-
minute basis for the actual duration of the communication, and
it prohibits a provider from charging a per-communication or
per-connection charge. A provider also may not charge an
ancillary service charge except in certain circumstances.
Further, the bill prohibits a provider from assessing a site
commission, which is a payment or donation made to certain
entities that operate or oversee a confinement facility.
Section 130201 of H.R. 6800 incorporates H.R. 6563, the
``Emergency Educational Connections Act of 2020''. This
legislation establishes and provides funding for the Emergency
Connectivity Fund, from which the FCC must provide support for
certain schools or libraries to purchase specified
telecommunications equipment during the public health emergency
declared because of COVID-19 (i.e., coronavirus disease 2019).
Specifically, the FCC shall provide funds to certain elementary
schools, secondary schools, or libraries to purchase
telecommunications equipment or services (e.g., Wi-Fi hotspots,
modems, and routers) for use by students, staff, or patrons at
locations that include locations other than the schools or
libraries. Priority must be given to students, staff, or
patrons who do not have access to such equipment or services.
Following the emergency period, funding recipients are
authorized to use purchased equipment for appropriate purposes
but may not sell or transfer such equipment for anything of
value, except for upgraded equipment of the same type.
Section 130301 of H.R. 6800 incorporates H.R. 6881, the
``Emergency Broadband Connections Act of 2020''. This
legislation establishes a program to provide eligible
households with a discount on internet service, upon request by
a member of such household during the COVID-19 pandemic. The
legislation creates a fund at the FCC to provide providers a
reimbursement for such discount, and for the provision of low-
cost devices such as computers and tablets to eligible
households.
Legislative History
On May 20, 2021, H.R. 6800 was introduced by Representative
Lowey and referred to Committee on Appropriations, in addition
to the Committees on the Budget, and Ways and Means.
On May 15, 2020, the House considered H.R. 6800 pursuant to
the provisions of H. Res. 967 and passed H.R. 6800 by a
recorded vote of 208 yeas and 199 nays (Roll Call No. 109).
On May 20, 2020, H.R. 6800 was received by the Senate, read
the first time, and placed on the Senate Legislative Calendar
under Read the First Time on May 21, 2020. On June 1, 2020,
H.R. 6800 was read a second time and placed on the Senate
Calendar under General Orders (Calendar No. 455). On June 23,
2020, the Senate referred the bill to the Senate Committee on
Small Business and Entrepreneurship.
No further action was taken on H.R. 6800 in the 116th
Congress.
On January 10, 2019, H.R. 451 was introduced by
Representative Engel and the bill was referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Communications and Technology on January
25, 2019. Similar legislation in the Senate was introduced by
Senator Markey (MA) as S. 2748 on October 30, 2019, and was
referred to the Senate Committee on Commerce, Science, and
Transportation.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills,
including H.R. 451. The witnesses included Matthew Gerst, Vice
President, Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO,
Behavioral Health Link; Anthony Gossner, Fire Chief, City of
Santa Rosa, CA; Joseph Torres, Senior Director of Strategy and
Engagement, Free Press and Free Press Action; Daniel Henry,
Regulatory Counsel and Director of Government Affairs, National
Emergency Number Association; and Allen F. Bell, Distribution
Manager, Georgia Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 451 and
ordered the bill reported to the Committee on Energy and
Commerce, amended, by a voice vote.
On July 15, 2020, the full Committee met in virtual open
markup session to consider H.R. 451 and ordered the bill
reported favorably to the House, as amended, by a voice vote.
On September 18, 2020, the Committee on Energy and Commerce
reported H.R. 451 to the House, as amended (H. Rept. 116-521).
On September 21, 2020, the House considered H.R. 451 under a
motion to suspend the Rules and passed the bill, as amended, by
a recorded vote of 410 yeas and 5 nays on September 23, 2020
(Roll No. 201).
On September 24, 2020, the Senate received H.R. 451, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation.
No further action was taken on H.R. 451 in the 116th
Congress.
On March 25, 2020, H.R. 6389 was introduced by
Representative Rush (IL-01) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on March 26,
2020.
No further action was taken on H.R. 6389 in the 116th
Congress.
On April 21, 2020, H.R. 6563 was introduced by
Representative Meng and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on April 22,
2020.
No further action was taken on H.R. 6563 in the 116th
Congress.
On May 14, 2020, H.R. 6881 was introduced by Representative
Veasey and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to Subcommittee on
Communications and Technology on May 15, 2020.
No further action was taken on H.R. 6881 in the 116th
Congress.
The Heroes Act
H.R. 8406 (H.R. 451, H.R. 6389, H.R. 6563, H.R. 6881)
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
Title V, section 501 of H.R. 8406 incorporates H.R. 451,
the ``Don't Break Up the T-Band Act of 2020''. This legislation
repeals a provision of law requiring the FCC to reallocate and
auction a band of electromagnetic spectrum in the 470-512 MHz
band, commonly known as the ``T-Band spectrum.''
Title VI, section 601 of H.R. 8406, incorporates H.R. 6389,
the ``Martha Wright Prison Phone Justice Act''. This
legislation establishes requirements related to certain
charges, practices, classifications, or regulations in
connection with confinement facility communications services.
Specifically, the bill requires the FCC to establish maximum
rates and charges that a provider of confinement facility
communications services may charge for such services. The bill
provides interim rate caps until the FCC establishes such rates
and charges. The bill requires a provider of confinement
facility communications services to assess all charges for
communications on a per-minute basis for the actual duration of
the communication, and it prohibits a provider from charging a
per-communication or per-connection charge. A provider also may
not charge an ancillary service charge except in certain
circumstances. Further, the bill prohibits a provider from
assessing a site commission, which is a payment or donation
made to certain entities that operate or oversee a confinement
facility.
Title II, section 201 of H.R. 8406 incorporates H.R. 6563,
the ``Emergency Educational Connections Act of 2020''. This
legislation establishes and provides funding for the Emergency
Connectivity Fund, from which the FCC must provide support for
certain schools or libraries to purchase specified
telecommunications equipment during the public health emergency
declared because of COVID-19 (i.e., coronavirus disease 2019).
Specifically, the FCC shall provide funds to certain elementary
schools, secondary schools, or libraries to purchase
telecommunications equipment or services (e.g., Wi-Fi hotspots,
modems, and routers) for use by students, staff, or patrons at
locations that include locations other than the schools or
libraries. Priority must be given to students, staff, or
patrons who do not have access to such equipment or services.
Following the emergency period, funding recipients are
authorized to use purchased equipment for appropriate purposes
but may not sell or transfer such equipment for anything of
value, except for upgraded equipment of the same type.
Title III, section 301 of H.R. 8406 incorporates H.R. 6881,
the ``Emergency Broadband Connections Act of 2020''. This
legislation establishes a program to provide eligible
households with a discount on internet service, upon request by
a member of such household during the COVID-19 pandemic. The
legislation creates a fund at the FCC to provide providers a
reimbursement for such discount, and for the provision of low-
cost devices such as computers and tablets to eligible
households.
Legislative History
On September 29, 2020, H.R. 8406 was introduced by
Representative Lowey, and referred to Committee on
Appropriations, in addition to the Committees on the Budget,
and Ways and Means.
No further action was taken on H.R. 8406 in the 116th
Congress.
On January 10, 2019, H.R. 451 was introduced by
Representative Engel, and the bill was referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on January 25, 2019.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills,
including H.R. 451. The invited witnesses included Matthew
Gerst, Vice President, Regulatory Affairs, CTIA; Sue Ann
Atkerson, CEO, Behavioral Health Link; Anthony Gossner, Fire
Chief, City of Santa Rosa, CA; Joseph Torres, Senior Director
of Strategy and Engagement, Free Press and Free Press Action;
Daniel Henry, Regulatory Counsel and Director of Government
Affairs, National Emergency Number Association; and Allen F.
Bell, Distribution Manager, Georgia Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 451. and
forwarded H.R. 451, amended, to the full Committee on Energy
and Commerce.
On July 15, 2020, the full Committee met in virtual open
markup session to consider H.R. 451, as amended by the
Subcommittee, and ordered H.R. 451 reported favorably to the
House, as amended, by a voice vote.
On September 18, 2020, the Committee on Energy and Commerce
reported H.R. 451 to the House (H. Rept. 116-521) and the bill
was placed on the Union Calendar (Calendar No. 421).
On September 21, 2020, the House considered H.R. 451 under
a motion to suspend the Rules and passed the bill, as amended,
by a recorded vote of 410 yeas and 5 nays on September 23,
2020.
On September 24, 2020, the Senate received H.R. 451, read
the bill twice, and referred the bill to the Senate Committee
on Commerce, Science, and Transportation.
No further action was taken on H.R. 451 in the 116th
Congress.
On March 25, 2020, H.R. 6389, the ``Martha Wright Prison
Phone Justice Act'', was introduced by Representative Rush, and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications and
Technology on March 26, 2020.
No further action was taken on H.R. 6389 in the 116th
Congress.
On April 21, 2020, H.R. 6563, the ``Emergency Educational
Connections Act of 2020,'' was introduced by Representative
Meng, and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on
Communications and Technology on April 22, 2020.
No further action was taken on H.R. 6563 in the 116th
Congress.
On May 14, 2020, H.R. 6881, the ``Emergency Broadband
Connections Act of 2020,'' was introduced by Representative
Veasey, and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to Subcommittee on
Communications and Technology on May 15, 2020.
No further action was taken on H.R. 6881 in the 116th
Congress.
Reaffirming the Commitment to Media Diversity and Pledging to Work with
Media Entities and Diverse Stakeholders to Develop Common Ground
Solutions to Eliminate Barriers to Media Diversity
H. RES. 549
Reaffirming the commitment to media diversity and pledging
to work with media entities and diverse stakeholders to develop
common ground solutions to eliminate barriers to media
diversity.
Summary
This resolution reaffirms the House of Representatives'
commitment to media diversity and expresses its pledge to
eliminate barriers to such diversity.
Legislative History
On September 10, 2019, H. Res. 549 was introduced by
Representative Demings (FL-10) and referred to the Committee on
Energy and Commerce. The resolution was subsequently referred
to the Subcommittee on Communications and Technology on
September 11, 2019.
On January 15, 2020, the Subcommittee on Communications and
Technology held a legislative hearing on four measures,
including H. Res. 549. Testimony was received from Maurita
Coley, Esq., President and CEO, Multicultural Media, Telecom,
and Internet Council; Clint Odom, Senior Vice President,
Advocacy & Policy, Executive Director, Washington Bureau,
National Urban League; Catherine J.K. Sandoval, Associate
Professor, Santa Clara University School of Law; and Diane
Sutter, President/CEO, ShootingStar Inc.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H. Res. 549
and forwarded the resolution, without amendment, to the full
Committee on Energy and Commerce.
On July 15, 2020, the full Committee met in virtual open
markup session to consider H. Res. 549 and ordered the
resolution reported favorably to the House, without amendment,
by a voice vote.
On December 8, 2020, the Committee on Energy and Commerce
reported H. Res. 549 to the House (H. Rept. 116-624) and the
resolution was placed on the House Calendar (Calendar No. 100).
On December 9, 2020, the House considered H. Res. 549 under
a motion to suspend the Rules and then agreed to the resolution
by a voice vote.
Expressing the Sense of the House of Representatives That all
Stakeholders in the Deployment of 5G Communications Infrastructure
Should Carefully Consider Adherence to the Recommendations of ``The
Prague Proposals''
H. RES. 575
Expressing the sense of the House of Representatives that
all stakeholders in the deployment of 5G communications
infrastructure should carefully consider adherence to the
recommendations of ``The Prague Proposals.''
Summary
This resolution expresses the sense of the House of
Representatives that stakeholders involved in the deployment of
5G communications infrastructure should consider adherence to
the international security recommendations adopted at the
Prague 5G Security Conference in May 2019, known as ``The
Prague Proposals.'' The resolution also encourages the
President and Federal agencies to promote trade and security
policies on the international stage that are consistent with
``The Prague Proposals.''
Legislative History
On September 24, 2019, H. Res. 575 was introduced by
Representative Flores (TX-17) and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Foreign Affairs. The resolution was subsequently referred to
the Subcommittee on Communications and Technology on September
25, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven measures,
including H. Res. 575. Testimony was received from John
Nettles, President, Pine Belt Wireless; Harold Feld, Senior
Vice President, Public Knowledge; Dean R. Brenner, Senior Vice
President, Spectrum Strategy & Tech Policy, Qualcomm
Incorporated; and Bobbie Stempfley, Managing Director, CERT
Division, Software Engineering Institute, Carnegie Mellon
University.
On November 14, 2019, the Subcommittee met in open markup
session to consider H. Res. 575 and forwarded the resolution,
amended, to the full Committee, by a voice vote.
On November 20, 2019, the full Committee met in open markup
session to consider H. Res. 575, as amended by the
Subcommittee, and ordered H. Res. 575 reported favorably to the
House, as amended, by a voice vote.
On January 7, 2020, the Committee on Energy and Commerce
reported H. Res. 575 to the House (H. Rept. 116-368) and the
resolution was placed on the House Calendar (Calendar No. 67).
On January 8, 2020, the House considered H. Res. 575 under
a motion to suspend the Rules and the resolution passed, as
amended, by a voice vote.
OVERSIGHT ACTIVITIES
Preserving an Open Internet for Consumers, Small Business, and Free
Speech
On February 7, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ``Preserving an Open
Internet for Consumers, Small Business, and Free Speech.'' The
purpose of this hearing was to examine the impacts of the
Federal Communications Commission's repeal of net neutrality on
consumers and businesses. The Subcommittee received testimony
from Tom Wheeler, Fellow, Brookings Institution; Jessica J.
Gonzalez, Vice President of Strategy & Senior Counsel, Free
Press & Free Press Action Fund; Denelle Dixon, Chief Operating
Officer, Mozilla; Ruth Livier, Actress, Writer, and UCLA
Doctoral Student; Michael Powell, President and CEO, NCTA--The
Internet & Television Association; and Joseph Franell, General
Manager and CEO, Eastern Oregon Telecom.
Protecting Consumers and Competition: An Examination of the T-Mobile
and Sprint Merger
On February 13, 2019, the Subcommittee on Communications
and Technology held a hearing entitled ``Protecting Consumers
and Competition: An Examination of the T-Mobile and Sprint
Merger.'' The purpose of this hearing was to examine the
effects of the merger on consumer cost, jobs, competition
innovation, and 5G deployment. The Subcommittee received
testimony from John Legere, Chief Executive Officer and
President, T-Mobile US; Marcelo Claure, Executive Chairman,
Sprint Corp.; Chris Shelton, President, Communications Workers
of America; Doug Brake, Director, Broadband and Spectrum
Policy, Information Technology and Innovation Foundation;
Phillip Berenbroick, Senior Policy Counsel, Public Knowledge;
and Carri Bennet, General Counsel, Rural Wireless Association,
Inc.
Accountability and Oversight of the Federal Communications Commission
On May 15, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ``Accountability and
Oversight of the Federal Communications Commission.'' The
purpose of this hearing was to examine the Federal
Communications Commission's decisions that harmed consumers and
rolled back government regulations and media-related
protections for consumers and local communities. The hearing
also examined concerns regarding the FCC's oversight of
carriers' sharing real-time location data with third parties
and the FCC use of faulty data to justify decisions regarding
competition policy in the Business Data Service market. The
Subcommittee received testimony from the Honorable Ajit Pai,
Chairman, Federal Communications Commission; the Honorable
Michael O'Rielly, Commissioner, Federal Communications
Commission; the Honorable Brendan Carr, Commissioner, Federal
Communications Commission; the Honorable Jessica Rosenworcel,
Commissioner, Federal Communications Commission; and the
Honorable Geoffrey Starks, Commissioner, Federal Communications
Commission.
STELAR Review: Protecting Consumers in an Evolving Media Marketplace
On June 4, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ``STELAR Review: Protecting
Consumers in an Evolving Media Marketplace.'' The purpose of
this hearing was to examine provisions of the ``STELA
Reauthorization of 2014'' that expired at the end of 2019 and
discuss how broadcasters can continue serving consumers in a
fair and equitable way. The Subcommittee received testimony
from Gordon H. Smith, President and CEO, National Association
of Broadcasters; Robert D. Thun, Senior Vice President of
Content and Programming, AT&T Mobility and Entertainment;
Patricia Jo Boyers, President and Vice Chairman of the Board,
BOYCOM Vision; and John Bergmayer, Senior Counsel, Public
Knowledge.
Our Wireless Future: Building a Comprehensive Approach to Spectrum
Policy
On July 16, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ``Our Wireless Future:
Building a Comprehensive Approach to Spectrum Policy.'' The
purpose of this hearing was to examine the Administration's
incoherent approach to spectrum policy and discuss proposals
that maximize benefits to consumers while generating revenue
for the U.S. Department of Treasury. The Subcommittee received
testimony from Julius P. Knapp, Chief, Office of Engineering
and Technology, Federal Communications Commission; Derek
Khlopin, Senior Policy Advisor, National Telecommunications and
Information Administration; Tim Donovan, Senior Vice President,
Legislative Affairs, Competitive Carriers Association; Peter
Pitsch, Head of Advocacy & Government Relations, C-Band
Alliance; Scott Bergmann, Senior Vice President, Legislative
Affairs, CTIA; Michael Calabrese, Director, Wireless Future
Project, Open Technology Institute at New America; Mariel
Triggs, Chief Executive Officer, MuralNet; and Jeffrey S.
Cohen, Chief Counsel, APCO International.
Fostering a Healthier Internet to Protect Consumers
On October 16, 2019, the Subcommittee on Communications and
Technology and the Subcommittee on Consumer Protection and
Commerce held a joint hearing entitled ``Fostering a Healthier
Internet to Protect Consumers.'' The purpose of this hearing
was to explore content moderation practices and whether
consumers are adequately protected under current law. The
Subcommittees received testimony from Steve Huffman, Co-Founder
& CEO, Reddit, Inc.; Danielle Keats Citron, Professor of Law,
Boston University School of Law; Corynne McSherry, Legal
Director, Electronic Frontier Foundation; Hany Farid,
Professor, University of California, Berkeley; Katherine Oyama,
Global Head of Intellectual Property Policy, Google, Inc.; and
Gretchen S. Peters, Executive Director, Alliance to Counter
Crime Online.
Repurposing the C-band to Benefit All Americans
On October 29, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ``Repurposing the C-band to
Benefit All Americans.'' The purpose of this hearing was to
explore the Federal Communications Commission's plans to
repurpose C Band spectrum from satellite use to terrestrial
wireless broadband use as well as discuss legislation that
would require the FCC to conduct a public auction of the C-
band. The Subcommittee received testimony from Phillip
Berenbroick, Policy Director, Public Knowledge; Ross Lieberman,
Senior Vice President, ACA Connects--America's Communications
Association; Deborah Collier, Director of Technology and
Telecommunications Policy, Citizens Against Government Waste;
James Frownfelter, Chairman and Chief Executive Officer, ABS;
and Jeff Campbell, Vice President, Government Affairs and
Technology Policy, Cisco.
Accountability and Oversight of the Federal Communications Commission
On December 5, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ``Accountability and
Oversight of the Federal Communications Commission.'' The
purpose of this hearing was to ensure the Federal
Communications Commission is fulfilling its mission to protect
consumers and act in the public interest. Specifically, the
hearing examined the Federal Communications Commission's
attempts to take away protections that promote diversity in
ownership of media companies, cut support to connect schools
and libraries, and strip protections for state and local
governments to expedite 5G deployment. The Subcommittee
received testimony from the Honorable Ajit Pai, Chairman,
Federal Communications Commission; the Honorable Michael
O'Rielly, Commissioner, Federal Communications Commission; the
Honorable Brendan Carr, Commissioner, Federal Communications
Commission; the Honorable Jessica Rosenworcel, Commissioner,
Federal Communications Commission; and the Honorable Geoffrey
Starks, Commissioner, Federal Communications Commission.
Empowering and Connecting Communities Through Digital Equity and
Internet Adoption
On January 29, 2020, the Subcommittee on Communications and
Technology held a hearing entitled ``Empowering and Connecting
Communities through Digital Equity and Internet Adoption.'' The
purpose of this hearing was to promote broadband adoption and
discuss ways in which Congress can incentivize the build-out of
infrastructure necessary to ensure everyone has access to
affordable and reliable high-speed internet. The Subcommittee
received testimony from Angela Siefer, Executive Director,
National Digital Inclusion Alliance; Joshua Edmonds, Director
of Digital Inclusion, City of Detroit, Michigan; Gigi Sohn,
Distinguished Fellow, Georgetown Law Institute for Technology
Law and Policy; Jeffrey R. Sural, Director, Broadband
Infrastructure Office, North Carolina Department of Information
Technology; and Roslyn Layton, Visiting Scholar, American
Enterprise Institute.
A Country in Crisis: How Disinformation Online Is Dividing the Nation
On June 24, 2020, the Subcommittee on Communications and
Technology and the Subcommittee on Consumer Protection and
Commerce held a joint hearing entitled ``A Country in Crisis:
How Disinformation Online is Dividing the Nation.'' The purpose
of this hearing was to examine the role of social media
platforms in disseminating disinformation relating to the
coronavirus disease of 2019 (COVID-19) pandemic and racial
injustice. The Subcommittees received testimony from Brandi
Collins-Dexter, Senior Campaign Director, Color of Change; Hany
Farid, Professor, University of California, Berkeley; Spencer
Overton, President, Joint Center for Political and Economic
Studies, Professor of Law, George Washington University; and
Neil Fried, Former Chief Counsel for Communications and
Technology, Energy and Commerce Committee, Principal,
DigitalFrontiers Advocacy.
Trump FCC: Four Years of Lost Opportunities
On September 17, 2020, the Subcommittee on Communications
and Technology held a hearing entitled ``Trump FCC: Four Years
of Lost Opportunities.'' The purpose of this hearing was to
examine the actions of the Federal Communications Commission
during the past four years of the Trump Administration as well
as discuss actions taken by the agency during the coronavirus
disease of 2019 (COVID-19) pandemic The Subcommittee received
testimony from the Honorable Ajit V. Pai, Chairman, Federal
Communications Commission; the Honorable Michael O'Rielly,
Commissioner, Federal Communications Commission; the Honorable
Brendan Carr, Commissioner, Federal Communications Commission;
the Honorable Jessica Rosenworcel, Commissioner, Federal
Communications Commission; and the Honorable Geoffrey Starks,
Commissioner, Federal Communications Commission.
Subcommittee on Energy
LEGISLATIVE ACTIVITIES
The Consolidated Appropriations Act, 2021
PUBLIC LAW 116-__
(H.R. 133, H.R. 3432, H.R. 762, H.R. 3962, H.R. 3079, H.R. 1420, H.R.
2044, H.R. 5758, H.R. 2041, H.R. 5650, H.R. 1480, H.R. 2665, H.R. 1760,
H.R. 3361, H.R. 2909, H.R. 4447, H.R. 1633, H.R. 5541, H.R. 347, H.R.
1426)
Making consolidated appropriations for the fiscal year
ending September 30, 2021, providing coronavirus emergency
response and relief, and for other purposes.
Summary
Sections 101, 118, 120, 122 and title II of division R
incorporate portions of H.R. 3432, the ``Safer Pipelines Act of
2019''. This legislation authorizes appropriations for fiscal
year 2021 through 2023 for the Pipeline Safety Program under
the Pipeline and Hazardous Materials Safety Administration
(PHMSA). It authorizes approximately $227.9 million in fiscal
year 2021 and increases to approximately $237.9 million by
fiscal year 2023. This legislation also authorizes funding for
operational expenses, one-call notification programs, pipeline
safety information grants, state pipeline safety grants, and
other programs and grants. Additionally, it amends 49 USC
60102, which directs the Secretary to only propose or issue a
pipeline safety standard when the standard's benefits justify
the costs, to clarify that the benefits include environmental
and safety benefits. This legislation defines the terms
``coastal beaches'' and ``certain coastal waters'' in order to
provide PHMSA the tools it needs to promulgate a rulemaking
mandated in the PIPES Act of 2016. That mandate requires PHMSA
to update its regulations to specify that coastal beaches,
certain coastal waters, and the Great Lakes, are unusually
sensitive areas ecological resources, for purposes of
determining whether a hazardous liquid pipeline is in a high
consequence area. This legislation also establishes a minimum
one year inspection period for certain deep water pipelines and
requires procedures to protect deep water pipelines from anchor
strikes. This legislation directs the Secretary of
Transportation to submit to Congress, within two years, a
report containing the results of a study of the assessment
methods of distribution pipelines that may be used in integrity
management programs, other than direct assessment, to determine
whether any such methods are feasible and would provide a
greater level of safety than direct assessment. The report must
include recommendations based on the study.
This legislation further directs PHMSA to expand its
regulations to ensure that distribution integrity management
plans for distribution operators evaluate certain risks, such
as those posed by cast iron pipes and mains, and low-pressure
systems, as well as the possibility of future accidents to
better account for high-consequence but low probability events.
It also requires distribution operators to make their updated
distribution integrity management plans available to PHMSA or
the relevant State regulatory agency no later than two years
after enactment, and would require inspectors to review such
plans if significant changes are made to the plans or system or
at least every five years. The legislation directs the
Department of Transportation to revise the State audit
protocols and procedures and update the State Inspection
Calculation Tool. It also directs PHMSA to update its emergency
response plan regulations to ensure that each emergency
response plan developed by a distribution system operator
includes written procedures for how to handle communications
with first responders and the general public after certain
significant pipeline emergencies, in order to ensure that
pipeline operators contact first responders as soon as
practicable after they know an incident has occurred. It
further directs the Secretary to update the regulations for
operations and maintenance manuals in order to require
distribution system operators to have a specific action plan to
respond to overpressurization events. Additionally, it requires
operators to develop written procedures for management of
change processes for significant technology, equipment,
procedural, and organizational changes to the distribution
system and ensure that relevant qualified personnel, such as a
professional engineer with a license, reviews and certifies
such changes.
This legislation directs PHMSA to conduct a study on the
distribution industry's adoption of pipeline safety management
systems and provide guidance on how to further the adoption of
these systems and to provide a copy of the report to relevant
Committees no later than three years after enactment. It also
requires PHMSA and relevant State authorities to promote and
assess gas distribution operators' pipeline safety management
systems, including by using independent third-party evaluators,
as necessary.
This legislation also directs PHMSA to issue regulations
that require distribution pipeline operators to identify and
manage traceable, reliable, and complete maps and records of
critical pressure control infrastructure, and update these
records as appropriate. These records would have to be
submitted or made available to the relevant regulatory agency.
These regulations shall require noncritical records to be
gathered as they are available. It directs PHMSA to issue
regulations requiring an agent of a distribution system
operator to monitor gas pressure at certain sites and have the
ability to cut off or limit gas pressure during construction
projects that have the potential to cause a hazardous
overpressurization. Finally, this legislation directs PHMSA to
issue regulations on district regulator stations to ensure that
distribution system operators minimize the risk of a common
mode of failure at low-pressure district regulator stations,
monitor the gas pressure of a low-pressure system, and install
overpressure protection safety technology at low-pressure
district regulator stations. If it is not operationally
possible to install such technology, this legislation would
require the relevant operator to identify plans that would
minimize the risk of an overpressurization event.
Division Z incorporates the Energy Act of 2020, which
contains several components of H.R. 4447.
Section 1001 of division Z incorporates H.R. 762, the
``Streamlining Energy Efficiency for Schools Act''. This
legislation streamlines available Federal energy efficiency
programs and financing to help improve efficiency and lower
energy costs for schools.
Sections 1001, 1003, 1004, 1005, 1006, and 1012 of division
Z incorporate portions of H.R. 3962, the ``Energy Savings and
Industrial Competitiveness Act of 2019''. This legislation
streamlines available Federal energy efficiency programs and
financing to help improve efficiency and lower energy costs for
schools; requires the development of a metric for data center
energy efficiency, and requires the Secretary of Energy,
Administrator of the Environmental Protection Agency, and
Director of the Office of Management and Budget (OMB) to
maintain a data center energy practitioner program and open
data initiative for Federally owned and operated data center
energy usage; directs the OMB Director to collaborate with each
Federal agency to implement energy-efficient and energy-saving
information technologies; and directs the Secretary of Energy
to establish a rebate program to encourage replacement of
energy inefficient electric motors. It also amends NECPA to
formally establish in law the Federal Energy Management Program
(FEMP). This section details FEMP's directives and the duties
of its director.
Section 1002 of division Z incorporates H.R. 3079, the
``Energy Savings through Public-Private Partnerships Act of
2019''. This legislation amends the National Energy
Conservation Policy Act (NECPA) to require the Department of
Energy (DOE) to report to the President and Congress on each
agency's energy savings performance contracts, including their
investment value; their initial guaranteed savings compared to
actual energy savings from the previous year; the plan for
entering into new contracts in the coming year; and information
explaining why any previously submitted plans for contracts
were not implemented. The section further amends NECPA to allow
agencies to accept, retain, sell, or transfer energy savings
and apply the proceeds to fund a performance contract under
this title. It excludes contracts for work performed at Federal
hydropower facilities.
Sections 1003 and 1004 of division Z incorporate H.R. 1420,
the ``Energy Efficiency Government Technology Act''. This
legislation requires the development of a metric for data
center energy efficiency, and requires the Secretary of Energy,
EPA Administrator, and OMB Director to maintain a data center
energy practitioner program and open data initiative for
Federally owned and operated data center energy usage. It also
directs the OMB Director to collaborate with each Federal
agency to implement energy-efficient and energy-saving
information technologies.
Section 1007 of division Z incorporates H.R. 2044, the
``Smart Buildings Acceleration Act''. This legislation directs
the Secretary of Energy to establish a program to implement
smart building technology in Federal buildings and demonstrate
the costs and benefits of smart buildings. The section requires
the Secretary of Energy, as a part of the Better Building
Challenge, to develop smart building accelerators to
demonstrate innovative policies and approaches to accelerate
the transition to smart buildings. The section also establishes
a research and development (R&D) program focused on building-
to-grid integration.
Section 1008 of division Z incorporates H.R. 5758, the
``Ceiling Fan Improvement Act of 2020''. This legislation
amends EPCA by adding language exempting large-diameter ceiling
fans manufactured on or after January 21, 2020, from meeting
minimum ceiling fan efficiency requirements as described in the
final rule titled ``Energy Conservation Program: Energy
Conservation Standards for Ceiling Fans.'' Establishes that
large-diameter ceiling fans shall meet Calculation of the Fan
Energy Index in accordance with ANSI/AMCA Standard 208-18.
Section 1011 of division Z incorporates H.R. 2041, the
``Weatherization Enhancement and Local Energy Efficiency
Investment and Accountability Act''. The legislation
reauthorizes WAP at $350 million per year from fiscal years
2020 through 2024. It allows the Secretary of Energy to
consider improvements in health and safety of occupant dwelling
units, as well as other non-energy benefits from weatherization
assistance, when reissuing regulations on program cost
effectiveness. It also allows the Secretary to require periodic
review of the use of private contractors in provisioning
weatherization assistance and encouraging expanded use of
contractors, as appropriate. The legislation establishes a
competitive grant program to support innovation in
weatherization assistance, and increases the funding amount
that may be used for administrative purposes from 10 to 15
percent. It further amends the re-weatherization date so that
dwelling units weatherized using Federal funds, are eligible to
receive additional assistance 15 years after the completion of
the previous weatherization assistance.
Section 1012 of division Z incorporates H.R. 5650, the
``Federal Energy and Water Management Performance Act of
2020''. This legislation amends NECPA to formally establish
FEMP in law. This section details FEMP's directives and the
duties of its director.
Section 1013 of division Z incorporates H.R. 1480, the
``Combined Heat and Power (CHP) Support Act''. This legislation
redesignates DOE's Clean Energy Application Centers as the CHP
Technical Assistance Partnership Program. The program
encourages deployment of combined heat and power, heat to
power, and efficient district energy technologies. It also
provides project specific support to building and industrial
professionals through economic and engineering assessments and
advisory activities. The legislation reauthorizes the program
through fiscal year 2024.
Section 1014 of division Z incorporates H.R. 2665, the
``Smart Energy and Water Efficiency Act of 2019''. This
legislation authorizes a new Smart Energy and Water Efficiency
Pilot Program. This pilot program provides grants to water
authorities that provide water, wastewater or water reuse
services for demonstrating advanced and innovative technology-
based solutions.
Section 2001 of division Z incorporates H.R. 1760, the
``Advanced Nuclear Fuel Availability Act''. This legislation
directs DOE's Office of Nuclear Energy to develop and deploy
high-assay low-enriched uranium for domestic commercial use and
to develop a schedule for recovering costs associated with such
development.
Section 3005 of division Z incorporates H.R. 3361, the
``Reliable Investment in Vital Energy Reauthorization Act'' or
``RIVER Act''. This legislation amends section 242 of the
Energy Policy Act of 2005 (EPAct05) to reauthorize the
hydroelectric production incentives program. Additionally, it
reauthorizes the hydroelectric efficiency improvement program
in section 243 of the EPAct05. The hydroelectric production
incentives program provides payments to owners or operators of
hydroelectric facilities that are added to existing dams or
conduits. The hydroelectric efficiency improvement program
similarly provides payments, but for the purpose of making
changes in a facility that improve its efficiency by three
percent or more. The legislation reauthorizes both programs
from fiscal year 2019 through 2036 at the originally authorized
level of $10 million each year.
Section 3201 of division Z incorporates portions of H.R.
2909, the ``Promoting Grid Storage Act of 2019''. This
legislation establishes an RD&D program to advance energy
storage technologies and directs the Secretary of Energy to
carry out three demonstration projects, as well as a
competitive pilot project grant program. It also establishes a
joint long-term demonstration initiative with the Secretary of
Defense. This section further establishes an energy storage
materials recycling R&D program.
Section 3202 of division Z incorporates H.R. 4447, the
``Expanding Access to Sustainable Energy Act of 2019''. This
legislation establishes an energy storage and microgrid grant
and technical assistance program at DOE for rural electric
cooperatives and public utilities to assist with designing and
demonstrating energy storage and microgrid projects that use
energy from renewable energy sources.
Section 6006 of division Z incorporates a portion of H.R.
1633, the ``Smart Manufacturing Leadership Act''. This
legislation requires the Secretary of Energy, in consultation
with the National Academies, to develop a national plan for
smart manufacturing technology development and deployment to
improve domestic manufacturing sector productivity and
efficiency.
Sections 8013 and 8014 of division Z incorporate H.R. 5541,
the ``Tribal Power Act''. This legislation amends the Energy
Policy Act of 1992 section 2601(2) to include any land occupied
by a majority of residents who are members of Alaskan Native
Tribes in the definition of Indian Land. The section also
allows the Secretary of Energy to reduce any required cost
share for energy projects funded through the Office of Indian
Energy.
Section 11002 of division Z incorporates H.R. 347, the
``Responsible Disposal Reauthorization Act of 2019''. This
legislation amends the Uranium Mill Tailings Radiation Control
Act of 1978 to authorize the operation of the Cheney disposal
cell through September 30, 2031.
Section 11004 of division Z incorporates H.R. 1426, the
``Timely Review of Infrastructure Act''. This legislation
authorizes the Federal Energy Regulatory Commission (FERC),
under certain conditions, to compensate persons with
scientific, technological, engineering, and mathematical skills
at a higher level than the rate allowed under the civil
service.
Legislative History
On January 3, 2019, H.R. 133 was introduced by
Representative Cuellar and referred to the Committee on Foreign
Affairs. On January 10, 2019, the House considered H.R. 133
under a motion to suspend the Rules and passed H.R. 133 by a
voice vote. On January 15, 2020, the Senate passed H.R. 133,
amended, by unanimous consent.
On December 21, 2020, the House passed an amendment to the
Senate amendment to H.R. 133 with portion of amendment
comprising divisions B, C, E, and F by a recorded vote of 327
yeas and 85 nays (Roll no. 250) and an amendment to the Senate
amendment to H.R. 133 (except divisions B, C, E, and F) by a
recorded vote of 359 yeas and 53 nays (Roll no. 251). That same
day, the House pass the Senate amendment to H.R. 133 with
amendment by unanimous consent.
On December 21, 2020, the Senate passed the House amendment
to the Senate amendment to H.R. 133 by a recorded vote of 92
yeas to 6 nays (Recorded Vote Number 289). On December 27,
2020, the President signed H.R. 133 into law. The Public Law
number had not been assigned when this report was filed.
H.R. 133 included provisions from the following bills: H.R.
3432, the ``Safer Pipelines Act of 2019'', introduced by
Representative Rush; H.R. 762, the ``Streamlining Energy
Efficiency for Schools Act'', introduced by Representative
Cartwright (PA-08); H.R. 3962, the ``Energy Savings and
Industrial Competitiveness Act of 2019'', introduced by
Representative Welch; H.R. 3079, the ``Energy Savings Through
Public-Private Partnerships Act of 2019'', introduced by
Representative Welch; H.R. 1420, the ``Energy Efficient
Government Technology Act'', introduced by Representative
Eshoo; H.R. 2044, the ``Smart Building Acceleration Act'',
introduced by Representative Welch; H.R. 5758, the ``Ceiling
Fan Improvement Act of 2020'', introduced by Representative
Guthrie; H.R. 2041, the ``Weatherization Enhancement and Local
Energy Efficiency Investment and Accountability Act'',
introduced by Representative Tonko; H.R. 5650, the ``Federal
Energy and Water Management Performance Act of 2020'',
introduced by Representative Welch; H.R. 1480, the ``CHP
Support Act'', introduced by Representative Welch; H.R. 2665,
the ``Smart Energy and Water Efficiency Act of 2019'',
introduced by Representative McNerney; H.R. 1760, the
``Advanced Nuclear Fuel Availability Act'', introduced by
Representative Flores; H.R. 3361, the ``RIVER Act'', introduced
by Representative McKinley (WV-01); H.R. 2909, the ``Promoting
Grid Storage Act of 2019'', introduced by Representative
Casten; H.R. 4447, the ``Clean Economy Jobs and Innovation
Act'', introduced by Representative O'Halleran; H.R. 1633, the
``Clean Economy Jobs and Innovation Act'', introduced by
Representative Welch; H.R. 5541, the ``Tribal Power Act'',
introduced by Representative O'Halleran; H.R. 347, the
``Responsible Disposal Reauthorization Act of 2019'',
introduced by Representative Tipton (CO-03); and H.R. 1426, the
``Timely Review of Infrastructure Act'', introduced by
Representative Olson (TX-22).
Enhancing Grid Security Through Public Private Partnerships Act
H.R. 359
To provide for certain programs and developments in the
Department of Energy concerning the cybersecurity and
vulnerabilities of, and physical threats to, the electric grid,
and for other purposes.
Summary
This legislation directs the Secretary of Energy, in
consultation with States, other Federal agencies, and industry
stakeholders, to create and implement a program to enhance the
physical and cyber security of electric utilities. Among other
things, this program would develop voluntary implementation of
methods for assessing security vulnerabilities. It would
provide cybersecurity training to electric utilities, advance
the cybersecurity of utility third-party vendors, and promote
sharing of best practices and data collection in the electric
sector. The bill requires U.S. Department of Energy (DOE) to
submit a report to Congress on cybersecurity and distribution
systems. Finally, the bill requires an update to the
Interruption Cost Estimate (ICE) Calculator at least once every
two years. The ICE Calculator, developed by DOE's Lawrence
Berkeley Lab and Nexant, Inc., is an electric reliability
planning tool for estimating electricity interruption costs and
the benefits associated with reliability improvements.
Legislative History
On January 9, 2019, H.R. 359 was introduced by
Representative McNerney and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on January 25, 2019.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 359, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 359, and ordered the
bill reported favorably to the House, without amendment, by a
voice vote.
On October 28, 2019, the Committee on Energy and Commerce
reported H.R. 359 without amendment, to the House (H. Rept.
116-254) and the bill was placed on the Union Calendar
(Calendar No. 202).
On September 29, 2020, the House considered H.R. 359 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On September 30, 2020, H.R. 359 was received in the Senate,
read twice, and placed on the Senate Legislative Calendar under
General Orders (Calendar No. 559).
No further action was taken on H.R. 359 in the 116th
Congress.
Moving Forward Act
H.R. 2 (H.R. 5527, H.R. 2909, H.R. 4447, H.R. 5542, H.R. 5541, H.R.
2043, H.R. 2119, H.R. 2041, H.R. 2088, H.R. 5650, H.R. 5615, H.R. 1768)
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Summary
Section 33111 incorporates H.R. 5527, the ``21st Century
Power Grid Act''. This legislation directs the Secretary of
Energy to establish a program to provide funding to eligible
partners for projects that improve resiliency, performance, or
efficiency of the electricity grid. Partnerships may include
(a) a State or local government, a National Laboratory, an
institution of higher education, an Indian Tribe, a Federal
power marketing administration, or an entity that develops or
provides grid technology and (b) either an electric utility, a
Regional Transmission Organization, or an Independent System
Operator. It authorizes $700 million each year for fiscal years
2021 through 2025.
Sections 33114 (b), (c), and (e) incorporate H.R. 2909, the
``Promoting Grid Storage Act of 2019.'' This legislation
requires the Department of Energy to establish an energy
storage program, a technical assistance and grant program, and
a competitive grant program for ``pilot energy storage
systems.'' The legislation establishes a research program
within DOE for energy storage systems, components, and
materials. The program requires the Secretary to coordinate
across all relevant DOE program offices and adopt long-term
targets for energy storage system applications. The bill
authorizes $175 million annually for the research program for
fiscal years 2020 through 2024. The bill also establishes a
technical assistance and grant program. This program
disseminates information, offers technical assistance, and
provides grants to entities to identify, evaluate, plan,
design, and develop processes to procure energy storage
systems. It authorizes $100 million annually for the technical
assistance and grant program for fiscal years 2020 through
2024. H.R. 2909 also directs DOE to conduct workshops where
lessons learned from the research and technical and grant
programs can be shared. The bill establishes a demonstration
program to provide grants for developing pilot energy storage
systems. It authorizes $150 million for the demonstration
program annually for fiscal years 2020 through 2024.
Section 33115 incorporates H.R. 4447, the ``Expanding
Access to Sustainable Energy Act of 2019'', as reported by the
Committee on Energy and Commerce. This legislation requires DOE
to establish an energy storage and microgrid grant and
technical assistance program. The program will provide grants
and technical assistance to a rural electric cooperative or
non-profit entity, working with at least six rural electric
cooperatives, to assist with designing and demonstrating energy
storage and microgrid projects that utilize energy from
renewable energy sources. The bill authorizes $5 million
annually for the program from fiscal years 2020 through 2025.
Section 33121 incorporates H.R. 5542, the ``Mitigate
Methane Now Act''. This legislation requires the Secretary of
Energy to establish a grant program for States to provide
incentives to natural gas distribution companies for the
improvement of natural gas distribution systems. The
legislation establishes a grant program at DOE for the purposes
of improving public safety and the environmental performance of
the natural gas distribution system. The bill authorizes grant
funding to States for the purposes of offsetting rate increases
to low-income households and improving the safety and
environmental performance of natural gas distribution systems
through incentives for natural gas distribution companies to
accelerate, expand, or enhance improvements to the natural gas
distribution system. In awarding grants under the program, the
agency must prioritize applications that produce quantifiable
benefits to public safety, reduce methane emissions, and
benefit low-income households, among other factors. The bill
authorizes $250 million per year for the program from fiscal
years 2021 through 2030.
Section 33161 incorporates H.R. 5541, the ``Tribal Power
Act''. This legislation amends sections 2601 and 2602 of the
Energy Policy Act of 1992 (EPAct92), reauthorizing programs to
assist consenting Indian Tribes in meeting energy education,
planning, and management needs. Congress authorized the
establishment of an Indian energy resources development program
in EPAct92 and it established an Office of Indian Energy Policy
and Programs at DOE in the Energy Policy Act of 2005 (EPAct05).
The legislation amends the definition of Indian Land to extend
eligibility for grant funding to consenting Alaskan Native
Tribes. The bill also provides DOE's Director of the Office of
Indian Energy Policy and Programs the authority to expand
programmatic access by reducing applicable cost-share based on
criteria such as proven financial need. Finally, the bill
reauthorizes the program at $30 million annually from fiscal
years 2021 through 2025.
Sections 33201, 33202, 33203, 33204, 33205, 33206, 33207,
and 33208 incorporate H.R. 2043, the ``Home Owner Managing
Energy Savings'' or ``HOMES'' Act. This legislation requires
the Secretary of Energy to establish a Home Energy Savings
Retrofit Rebate Program to provide rebates to homeowners for
retrofits that achieve home energy savings. For a retrofit to
qualify for the program, it must be implemented and installed
by a qualified contractor, achieve a reduction in home energy
use of 20 percent or more, and include measures with an
estimated life of five years or more. Homeowners performing
retrofits projected to save at least 20 percent of energy usage
would be eligible for a $2,500 rebate; those performing
retrofits projected to save at least 40 percent of energy usage
would be eligible for a $5,000 rebate. The legislation
authorizes $250 million annually for the program for fiscal
years 2020 through 2025. Additionally, it directs the Secretary
of Energy to establish a Residential Energy Pay for Performance
pilot program to encourage the use of measured energy savings
in the operation of residential energy programs. The
legislation also requires the pilot program to provide
competitive grants to five or more state energy offices. The
bill authorizes $100 million to carry out this pilot program in
fiscal year 2021.
Section 33211 incorporates H.R. 2119, a bill to amend the
EPAct05 to reauthorize grants for improving the energy
efficiency of public buildings. This legislation amends section
125(c) of EPAct05 to authorize $100 million annually from
fiscal years 2021 through 2025. Section 125 established a grant
program to provide grants for states to improve the energy
efficiency of public buildings and facilities. EPAct05
originally authorized the program at $30 million per year.
Section 33231 incorporates H.R. 2041, the ``Weatherization
Enhancement and Local Energy Efficiency Investment and
Accountability Act''. This legislation updates the 1976 DOE
Weatherization Assistance Program (WAP). The legislation
reauthorizes WAP at $350 million per year from fiscal years
2020 through 2024. The bill allows the Secretary of Energy to
consider improvements in health and safety of occupant dwelling
units, as well as other non-energy benefits from weatherization
assistance, when reissuing regulations on program cost
effectiveness. It also allows the Secretary of Energy to
require periodic review of the use of private contractors in
provisioning weatherization assistance and encouraging expanded
use of contractors, as appropriate. The legislation establishes
a competitive grant program to support innovation in
weatherization assistance, and increases the funding amount
that may be used for administrative purposes from 10 to 15
percent. It also amends the re-weatherization date so that
dwelling units weatherized using Federal funds, are eligible to
receive additional assistance 15 years after the completion of
the previous weatherization assistance.
Section 33241 incorporates H.R. 2088, a bill to amend the
Energy Independence and Security Act of 2007 (EISA) to
reauthorize the Energy Efficiency and Conservation Block Grant
(EECBG) Program. The EECBG program provides grants to states,
local governments, and Indian Tribes to assist their efforts to
reduce fossil fuel emissions and conserve energy. The grants
can be used to improve energy efficiency in all sectors of the
local economy and for a wide variety of activities, allowing
for flexibility to fund projects that best address local
conditions and needs. The bill reauthorizes the program to
provide $3.5 billion annually from fiscal years 2021 through
2025. In addition, the bill includes several amendments to the
program to add the goal of diversifying energy supplies by
promoting use of alternative fuels, including funding to deploy
infrastructure for delivering electricity and other alternative
fuels.
Sections 33251 and 33252 incorporate H.R. 5650, the
``Federal Energy and Water Management Performance Act of
2020''. This legislation amends the National Energy
Conservation Policy Act (NECPA) to direct the head of each
Federal agency to reduce each year (through 2030) average
building energy intensity by 2.5 percent relative to their
respective energy intensities in 2018. Additionally, each
agency head must improve water use efficiency and management
through a number of prescribed actions. Those actions include
reducing potable water consumption; lowering industrial,
landscaping, and agricultural water consumption; and installing
infrastructure features on Federally-owned properties to
improve stormwater and wastewater management. The bill also
establishes in law the FEMP to facilitate implementation of
cost-effective energy and water management and energy-related
investment practices. The program, which would bear
responsibility for monitoring and implementing Federal
efficiency standards, provides strategic planning and technical
assistance, establishes best practices, maintains information
resources and tools, and recognizes efficiency achievements.
The program would also be responsible for providing accredited
training as well as guidance with portfolio-wide planning and
project integration. The bill authorizes $36 million annually
from fiscal years 2020 through 2024 for this program.
Sections 33261, 33262, 33263, 33264, and 33265 incorporate
H.R. 5615, the ``Residential Energy and Economic Savings Act''
or ``TREES Act''. This legislation provides incentives for
retail power providers or cities to plant trees to reduce
energy costs. Specifically, DOE must establish a program to
award grants to retail power providers that partner with
nonprofit tree-planting organizations to establish or continue
operating tree-planting programs. Under the program, retail
power providers must give residential consumers free or
discounted trees that provide maximum amounts of shade during
the summer or wind protection during the fall and winter.
Retail power providers include entities that generate,
distribute, or provide retail electricity, natural gas, or fuel
oil service. In addition, DOE must annually give an award that
designates communities or other areas as the Arbor City of
America. The award must recognize communities for superior
efforts in increasing tree canopy coverage and assisting
residents in reducing energy costs. DOE must give award
recipients funding for green infrastructure or green spaces.
Section 33301 incorporates an updated version of H.R. 1768,
the ``Diesel Emission Reduction Act of 2019''. This legislation
reauthorizes through fiscal year 2025 a diesel emissions
reduction program under which EPA provides grants, rebates, or
loans for replacing diesel engines or retrofitting the engines
with pollution control technologies.
Legislative History
On June 11, 2020, H.R. 2 was introduced by Representative
DeFazio and referred to the Committee on Transportation and
Infrastructure.
On July 1, 2020, H.R. 2 was considered in the House
pursuant to the provisions of H. Res. 1028 and the bill, as
amended, was passed by a recorded vote of 233 yeas and 188 nays
(Roll Call No. 138).
On July 20, 2020, H.R. 2 was received in the Senate.
H.R. 2 contains provisions of the following bills: H.R.
5527, the ``21st Century Power Grid Act'', introduced by
Representative Sarbanes (MD-03); H.R. 2909, the ``Promoting
Grid Storage Act of 2019'', introduced by Representative
Casten; H.R. 4447, the ``Clean Economy Jobs and Innovation
Act'', introduced by Representative O'Halleran; H.R. 5542, a
bill to require the Secretary of Energy to establish a grant
program for States to provide incentives to natural gas
distribution companies for the improvement of natural gas
distribution systems, and for other purposes, introduced by
Representative Sherrill (NJ-11); H.R. 5541, the ``Tribal Power
Act'', introduced by Representative O'Halleran; H.R. 2043, the
``HOMES Act'', introduced by Representative Welch; H.R. 2119, a
bill to amend the Energy Policy Act of 2005 to reauthorize
grants for improving the energy efficiency of public buildings,
and for other purposes introduced by Representative Kelly; H.R.
2041, the ``Weatherization Enhancement and Local Energy
Efficient Investment and Accountability Act'', introduced by
Representative Tonko; H.R. 2088, a bill to amend the Energy
Independence and Security Act of 2007 to reauthorize the Energy
Efficiency and Conservative Block Grant Program, and for other
purposes, introduced by Representative Stanton (AZ-09); H.R.
5650, the ``Federal Energy and Water Management Performance Act
of 2020'', introduced by Representative Welch; and H.R. 5615,
the ``TREES Act'', introduced by Representative Matsui; and
H.R. 1768, the ``Diesel Emissions Reduction Act of 2019'',
introduced by Representative Matsui.
Cyber Sense Act of 2020
H.R. 360
To require the Secretary of Energy to establish a voluntary
Cyber Sense program to test the cybersecurity of products and
technologies intended for use in the bulk-power system, and for
other purposes.
Summary
This legislation requires the Secretary of Energy to
establish the Cyber Sense Program. This voluntary program would
identify cyber-secure products that could be used in the bulk-
power system. In addition to making DOE responsible for
promoting cyber-secure products, this legislation requires DOE
to determine a testing process for Cyber Sense products and
establish a cybersecurity vulnerability reporting process and
database. Additionally, H.R. 360 requires DOE to provide
technical assistance to electric utilities, manufacturers, and
other relevant stakeholders related to cybersecurity
vulnerabilities in products under the Cyber Sense program. The
bill requires all cyber-secure products to be reviewed
biennially to determine how such products respond to and
prevent cyber threats. This legislation also requires DOE to
solicit public comment before establishing or altering the
Cyber Sense program.
Legislative History
On January 9, 2019, H.R. 360 was introduced by
Representative Latta and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on January 25, 2019.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 360, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 360, and ordered the
bill reported favorably to the House, without amendment, by a
voice vote.
On October 28, 2019, the Committee on Energy and Commerce
reported H.R. 360, without amendment, to the House (H. Rept.
116-256) and the bill was placed on the Union Calendar
(Calendar No. 204).
On September 29, 2020, the House considered H.R. 360 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On September 30, 2020, H.R. 360 was received in the Senate,
read twice, and referred to the Committee on Energy and Natural
Resources.
No further action was taken on H.R. 360 in the 116th
Congress.
Energy Emergency Leadership Act
H.R. 362
To amend the Department of Energy Organization Act with
respect to functions assigned to Assistant Secretaries, and for
other purposes.
Summary
The legislation amends section 203(a) of the Department of
Energy Organization Act to create a new DOE Assistant Secretary
position with jurisdiction over all energy emergency and
security functions related to energy supply, infrastructure,
and cybersecurity. The bill authorizes the new Assistant
Secretary to provide, upon request, a State, local, or Tribal
government, with technical assistance, and support and response
capabilities with respect to energy security threats, risks,
and incidents.
Legislative History
On January 9, 2019, H.R. 362 was introduced by
Representative Rush and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Energy on January 25, 2019.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 362, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 362, and ordered the
bill reported favorably to the House, without amendment, by a
voice vote.
On October 28, 2019, the Committee on Energy and Commerce
reported H.R. 362, as amended (H. Rept. 116-255) and the bill
was placed on the Union Calendar (Calendar No. 203).
On September 29, 2020, the House considered H.R. 362 under
a motion to suspend the Rules and passed, as amended, by a
voice vote.
On September 30, 2020, H.R. 362 was received in the Senate,
read twice, and referred to the Committee on Energy and Natural
Resources.
No further action was taken on H.R. 362 in the 116th
Congress.
Pipeline and LNG Facility Cybersecurity Preparedness Act
H.R. 370
To require the Secretary of Energy to carry out a program
relating to physical security and cybersecurity for pipelines
and liquefied natural gas facilities.
Summary
The bill would establish a program at DOE, in coordination
with other Federal agencies, States, and the energy sector, to
create policies and procedures to improve the physical and
cyber security and resiliency of natural gas transmission and
distribution pipelines, hazardous liquid pipelines, and
liquefied natural gas (LNG) facilities. The Secretary of Energy
would coordinate responses to, and recovery from, physical and
cyber incidents affecting the energy sector and develop
advanced cybersecurity technologies, perform pilot
demonstration projects, and establish workforce development
security curricula for pipelines and LNG facilities. Finally,
the bill would provide mechanisms to help the energy sector
evaluate, prioritize, and improve its security capabilities.
Legislative History
On January 9, 2019, H.R. 370 was introduced by
Representative Upton (MI-06) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on January 25, 2019.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 370, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 370, and ordered the
bill reported favorably to the House, without amendment, by a
voice vote.
On November 20, 2019, the Committee on Energy and Commerce
reported H.R. 370, without amendment (H. Rept. 116-303). That
same day, H.R. 370 was referred sequentially to the House
Committee on Transportation and Infrastructure. The bill was
then discharged from that Committee and placed on the Union
Calendar (Calendar No. 244).
No further action was taken on H.R. 370 in the 116th
Congress.
Streamlining Energy Efficiency for Schools Act
H.R. 762
To amend the Energy Policy and Conservation Act to provide
for the dissemination of information regarding available
Federal programs relating to energy efficiency projects for
schools, and for other purposes.
Summary
This legislation would establish a national clearinghouse
of information on programs and financing options for schools
interested in carrying out energy efficiency projects. Such
information would include resources to help initiate, develop,
and finance energy efficiency, distributed generation, and
retrofitting projects.
Legislative History
On January 24, 2019, H.R. 762 was introduced by
Representative Cartwright and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on January 25, 2019.
On March 5, 2019, the House considered H.R. 762 under a
motion to suspend the Rules and passed the bill by a voice
vote.
On March 6, 2019, H.R. 762 was received in the Senate, read
twice, and referred to the Senate Committee on Energy and
Natural Resources.
On September 19, 2019, H.R. 762 was reported to the Senate,
as amended, by the Senate Committee on Energy and Natural
Resources (S. Rept. 116-108) and the bill was placed on the
Senate Legislative Calendar under General Orders (Calendar No.
208).
No further action was taken on H.R. 762 in the 116th
Congress.
Blue Collar to Green Collar Jobs Development Act of 2019
H.R. 1315
To direct the Secretary of Energy to establish and carry
out a comprehensive, nationwide, energy-related industries jobs
program, and for other purposes.
Summary
This bill requires the Secretary of Energy to establish a
comprehensive, nationwide, energy-related industries jobs
program to improve education and training for jobs in energy-
related industries with requirements for the prioritization of
underrepresented communities, unemployed energy workers, and
minority-serving institutions. The bill also permits the
Secretary of Energy to provide direct assistance (including
financial assistance awards and technical expertise) to
educational institutions or internships, fellowships, and other
opportunities at DOE and DOE national laboratories. In
addition, the bill requires the Secretary, in carrying out the
program, to collaborate with stakeholders and related Federal
agencies, establish a clearinghouse of resources, and develop
guidelines for the development of skills for the energy
industry workforce.
The bill also requires the Secretary to establish a program
to provide grants to eligible businesses to pay the eligible
wages or stipends for new and existing employees receiving
training to work in renewable energy, energy efficiency, grid
modernization, advanced fossil energy technology, nuclear
energy, cybersecurity, alternative fuels, advanced automotive
technology, and fuel cell generation sectors.
Legislative History
On February 22, 2019, H.R. 1315 was introduced by
Representative Rush and referred to the Committee on Education
and Labor, and in addition to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Energy on February 25, 2019.
On April 10, 2019, the Subcommittee on Energy held a
hearing on eight bills intended to improve energy efficiency
and create a diverse workforce, including H.R. 1315. The
witnesses included the Honorable Daniel R. Simmons, Assistant
Secretary, Office of Energy Efficiency and Renewable Energy,
Department of Energy, and the Honorable James E. Campos,
Director, Office of Economic Impact and Diversity, Department
of Energy.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 1315 and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1315 and ordered the
bill reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 1315 in the 116th
Congress.
Timely Review of Infrastructure Act
H.R. 1426
To amend the Department of Energy Organization Act to
address insufficient compensation of employees and other
personnel of the Federal Energy Regulatory Commission, and for
other purposes.
Summary
The bill amends section 401 of the Department of Energy
Organization Act by adding a new subsection (k) at the end. The
new subsection grants the FERC Chairman additional authority to
adjust compensation for a category of employees and other
personnel without regard to certain civil service laws. The
FERC Chairman must publicly certify that other approaches to
retaining and attracting employees are inadequate and that the
adjustment to compensation is necessary to carry out the
functions of the FERC Commission in a timely, efficient, and
effective manner. The bill also requires that the FERC Chairman
periodically submit to Congress a report including information
related to hiring, vacancies, compensation, and efforts to
retain and attract employees.
Legislative History
On February 28, 2019, H.R. 1426 was introduced by
Representative Olson and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on March 1, 2019.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 1426, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1426, and ordered the
bill reported favorably to the House, without amendment, by a
recorded vote of 48 yeas and 3 nays.
On December 8, 2020, the Committee on Energy and Commerce
reported H.R. 1426 to the House, without amendment (H. Rept.
116 623) and the bill was placed on the Union Calendar
(Calendar No. 510).
On December 9, 2020, the House considered H.R. 1426 under a
motion to suspend the Rules and passed the bill by a voice
vote.
H.R. 1426 was received in the Senate, read twice, and
placed on the Senate Legislative Calendar under General Orders
(Calendar No. 610).
No further action was taken on H.R. 1426 in the 116th
Congress.
S.T.O.R.A.G.E. Act
H.R. 1744
To provide for the consideration of energy storage systems
by electric utilities as part of a supply side resource
process, and for other purposes.
Summary
This legislation would establish a standard under the
Public Utility Regulatory Policies Act of 1978 (PURPA)
requiring States to consider investing in energy storage
systems. The bill amends PURPA by adding energy storage systems
to the list of strategies States should consider when
developing energy plans. In particular, States would have to
consider requiring that, as part of a supply-side resource
planning process, utilities demonstrate that they considered an
investment in energy storage systems based on factors such as
cost, reliability, security, and system performance and
efficiency.
Legislative History
On March 13, 2019, H.R. 1744 was introduced by
Representative Takano and referred to the Committee on Energy
and Commerce, and in addition to the Committee on Science,
Space, and Technology. The bill was subsequently referred to
the Subcommittee on Energy on March 14, 2019.
On February 12, 2020, the Subcommittee on Energy held a
hearing on six bills, including H.R. 1744. The witnesses
included the Honorable Mark W. Menezes, Under Secretary of
Energy, U.S. Department of Energy; Kelly Speakes-Backman, Chief
Executive Officer, Energy Storage Association; Bryan Howard,
Legislative Director, U.S. Green Building Council; Julie
Hiromoto, Principal, HKS, Inc., on behalf of the American
Institute of Architects; Lowell Ungar, Senior Policy Advisor,
American Council for an Energy-Efficient Economy; Arn McIntyre,
President, McIntyre Builders Inc., on behalf of the National
Association of Home Builders; and Jennifer Schafer, Executive
Director, Federal Performance Contracting Coalition.
No further action was taken on H.R. 1744 in the 116th
Congress.
Weatherization Enhancement and Local Energy Efficiency Investment and
Accountability Act
H.R. 2041
To reauthorize the weatherization assistance program, and
for other purposes.
Summary
This legislation updates the 1976 DOE Weatherization
Assistance Program (WAP). WAP is the nation's largest
residential whole-house energy efficiency program, providing
formula grant funding to all 50 States, the District of
Columbia, Native American Tribes, and five United States
territories.
The bill reauthorizes WAP at $350 million per fiscal year
from fiscal years 2020 through 2024. When reissuing regulations
on program cost-effectiveness, the bill would allow the
Secretary to take into consideration improvements in health and
safety of occupant dwelling units, as well as other non-energy
benefits from weatherization assistance. The bill would also
allow the Secretary to require periodic review of the use of
private contractors in provisioning weatherization assistance
and encouraging expanded use of contractors, as appropriate.
H.R. 2041 further establishes a competitive grant program
to support innovation in weatherization assistance, and it
increases the funding amount that may be used for
administrative purposes from 10 percent to 15 percent. The bill
amends the re-weatherization date so that dwelling units
weatherized using Federal funds are eligible to receive
additional assistance 15 years after completion of the previous
weatherization assistance.
Legislative History
On April 2, 2019, H.R. 2041 was introduced by
Representative Tonko and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on April 3, 2019.
On April 10, 2019, the Subcommittee on Energy held a
hearing on eight bills, including H.R. 2041. The witnesses
included the Honorable Daniel R. Simmons, Assistant Secretary,
Office of Energy Efficiency and Renewable Energy, Department of
Energy, and the Honorable James E. Campos, Director, Office of
Economic Impact and Diversity, Department of Energy.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 2041 and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2041 and ordered the
bill reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 2041 in the 116th
Congress.
HOMES Act
H.R. 2043
To provide for the establishment of a Home Energy Savings
Retrofit Rebate Program, and for other purposes.
Summary
This legislation requires the Secretary of Energy to
establish a Home Energy Savings Retrofit Rebate Program to
provide rebates to homeowners for retrofits that achieve home
energy savings. For a retrofit to qualify for the program, it
must be implemented and installed by a qualified contractor,
achieve a reduction in home energy use of 20 percent or more,
and include measures with an estimated life of five years or
more. Homeowners performing retrofits are projected to save at
least 20 percent of energy usage would be eligible for a $2,500
rebate; those performing retrofits projected to save at least
40 percent of energy usage would be eligible for a $5,000
rebate. The bill authorizes $250 million annually for the
program for fiscal years 2021 through 2025.
Additionally, H.R. 2043 directs the Secretary to establish
a Residential Energy Pay for Performance pilot program to
encourage the use of measured energy savings in the operation
of residential energy programs. The legislation also requires
the pilot program to provide competitive grants to five or more
State energy offices. The bill authorizes $100 million to carry
out this pilot program in fiscal year 2021.
Legislative History
On April 3, 2019, H.R. 2043 was introduced by
Representative Welch and referred to the Committee on Energy
and Commerce, and in addition to the Committee on Ways and
Means. The bill was subsequently referred to the Subcommittee
on Energy on April 4, 2019.
On April 10, 2019, the Subcommittee on Energy held a
hearing on eight bills intended to improve energy efficiency
and create a diverse workforce, including H.R. 2043. The
witnesses included the Honorable Daniel R. Simmons, Assistant
Secretary, Office of Energy Efficiency and Renewable Energy,
Department of Energy, and the Honorable James E. Campos,
Director, Office of Economic Impact and Diversity, Department
of Energy.
No further action was taken on H.R. 2043 in the 116th
Congress.
Smart Building Acceleration Act
H.R. 2044
To accelerate smart building development, and for other
purposes.
Summary
The bill requires the Secretary of Energy to conduct a
survey of smart buildings across the country and then select at
least one building from an appropriate range of building sizes
and types to be evaluated for further assessment. The
assessment includes an evaluation of which advanced building
technologies are the most cost-effective, as well as which show
the most promise for decreasing building utility demands and
increasing service performance to building occupants. The
Secretary must also establish an initiative to implement smart
building technology at one or more buildings under each of
several Federal agencies and evaluate the costs and benefits of
these buildings.
The bill further directs the Secretary of Energy, in
consultation with private sector property owners, to develop a
smart building initiative to demonstrate policies and
approaches that facilitate the transition to smart buildings
under the umbrella of DOE's Better Buildings Challenge.
Additionally, the bill requires the Secretary of Energy to
conduct research on eliminating barriers to the integration of
advanced building technologies and facilitating the transition
to smart buildings. The legislation also directs the Secretary
of Energy to provide a report to Congress summarizing findings
and providing recommendations to facilitate the transition to
smart buildings.
Legislative History
On April 3, 2019, H.R. 2044 was introduced by
Representative Welch and referred to the Committee on Energy
and Commerce, and in addition to the Committees on
Transportation and Infrastructure and Science, Space, and
Technology. The bill was subsequently referred to the
Subcommittee on Energy on April 4, 2019.
On April 10, 2019, the Subcommittee on Energy held a
hearing on eight bills, including H.R. 2044. The witnesses
included witnesses included the Honorable Daniel R. Simmons,
Assistant Secretary, Office of Energy Efficiency and Renewable
Energy, Department of Energy, and the Honorable James E.
Campos, Director, Office of Economic Impact and Diversity,
Department of Energy.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 2044 and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2044 and ordered the
reported favorably to the House, without amendment, by a voice
vote.
No further action was taken on H.R. 2044 in the 116th
Congress.
To Amend the Energy Independence and Security Act of 2007 to
Reauthorize the Energy Efficiency and Conservation Block Grant Program,
and for Other Purposes.
H.R. 2088
To amend the Energy Independence and Security Act of 2007
to reauthorize the Energy Efficiency and Conservation Block
Grant Program, and for other purposes.
Summary
This legislation would amend the Energy Independence and
Security Act of 2007 to reauthorize the Energy Efficiency and
Conservation Block Grant Program. The bill reauthorizes the
program to provide $3.5 billion annually from fiscal years 2021
through 2025. In addition, the bill includes several amendments
to the program to add the goal of diversifying energy supplies
by promoting use of alternative fuels. Sections 544 and 546 of
the law are amended to explicitly authorize the funding to
deploy infrastructure for delivering alternative fuels
(including electricity).
Legislative History
On April 4, 2019, H.R. 2088 was introduced by
Representative Stanton and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on April 5, 2019.
On April 10, 2019, the Subcommittee on Energy held a
hearing on eight bills, including H.R. 2088. The witnesses
included the Honorable Daniel R. Simmons, Assistant Secretary,
Office of Energy Efficiency and Renewable Energy, Department of
Energy, and the Honorable James E. Campos, Director, Office of
Economic Impact and Diversity, Department of Energy.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 2088, and forwarded the bill to
the Committee on Energy and Commerce, amended, by a voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2088, and ordered the
bill reported favorably to the House, as amended, by a voice
vote.
No further action was taken on H.R. 2088 in the 116th
Congress.
Enhancing State Energy Security Planning and Emergency Preparedness Act
of 2019
H.R. 2114
To amend the Energy Policy and Conservation Act to provide
Federal financial assistance to States to implement, review,
and revise State energy security plans, and for other purposes.
Summary
This legislation would amend sections of the Energy Policy
and Conservation Act pertaining to the State Energy
Conservation Plans. It adds a new section authorizing a State
to use Federal financial assistance received through the State
Energy Program (SEP) to implement, revise, and review a State
Energy Security Plan. The bill sets out requirements for the
contents of the State Energy Security Plan. To be eligible to
receive assistance under the SEP, the bill requires the
governor of a State to submit to the Secretary of Energy every
year a plan, a revision to the plan, or a certification that no
revisions to the plan are necessary. The provision sunsets in
2024. The bill also reauthorizes the SEP from fiscal years 2021
through 2025 at $90 million.
Legislative History
On April 8, 2019, H.R. 2114 was introduced by
Representative Rush and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Energy on April 9, 2019.
On April 10, 2019, the Subcommittee on Energy held a
hearing on eight bills, including H.R. 2114. The witnesses
included the Honorable Daniel R. Simmons, Assistant Secretary,
Office of Energy Efficiency and Renewable Energy, Department of
Energy, and the Honorable James E. Campos, Director, Office of
Economic Impact and Diversity, Department of Energy.
On September 9, 2019, the House considered H.R. 2114 under
a motion to suspend the Rules and passed the bill, without
amendment, by a voice vote.
On September 10, 2019, H.R. 2114 was received in the
Senate, read twice, and referred to the Committee on Energy and
Natural Resources.
On September 25, 2019, H.R. 2114 was reported to the
Senate, amended, by the Committee on Energy and Natural
Resources (S. Rept. 116-137). That same day, it was placed on
the Senate Legislative Calendar under General Orders (Calendar
No. 257).
No further action was taken on H.R. 2114 in the 116th
Congress.
To Amend the Energy Policy Act of 2005 to Reauthorize Grants for
Improving the Energy Efficiency of Public Buildings, and for Other
Purposes.
H.R. 2119
To amend the Energy Policy Act of 2005 to reauthorize
grants for improving the energy efficiency of public buildings,
and for other purposes.
Summary
This legislation amends section 125(c) of the Energy Policy
Act of 2005 to authorize $100 million annually from fiscal
years 2021 through 2025. Section 125 established a $30 million
per year program to provide grants for States to improve the
energy efficiency of public buildings and facilities.
Legislative History
On April 8, 2019, H.R. 2119 was introduced by
Representative Kelly and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on April 9, 2019.
On April 10, 2019, the Subcommittee on Energy held a
hearing on eight bills, including H.R. 2119. The witnesses
included the Honorable Daniel R. Simmons, Assistant Secretary,
Office of Energy Efficiency and Renewable Energy, Department of
Energy, and the Honorable James E. Campos, Director, Office of
Economic Impact and Diversity, Department of Energy.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 2119, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2119, and ordered the
bill reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 2119 in the 116th
Congress.
Leonel Rondon Pipeline Safety Act
H.R. 2139
To amend title 49, United States Code, to improve pipeline
safety, and for other purposes.
Summary
This legislation aims to improve management of distribution
pipeline systems and overall safety by eliminating regulatory
shortfalls and applying stringent safety standards to owners,
operators, and regulators.
H.R. 2139 directs the Secretary of Transportation to
promulgate regulations to strengthen existing requirements for
distribution integrity management plans, including by
prohibiting companies from assigning a risk rating of ``zero''
for low-probability events. The bill also directs the Secretary
to issue regulations to strengthen emergency response plans and
strengthen gas distribution operators' procedural manuals for
operations, maintenance, and emergencies.
The bill requires the Secretary to issue regulations
directing each operator of a distribution pipeline to develop
and implement a pipeline safety management systems framework in
accordance with industry best practices. The legislation also
enhances pipeline safety practices by requiring distribution
system operators to assure that changes to the pipeline system
are approved by a professional engineer, maintain up-to-date
maps of the system, and assure that a qualified gas employee is
on-site to monitor gas pressure during construction. Finally,
H.R. 2139 increases PHMSA's civil penalty authority and
increases the limit on total penalties in current law.
Legislative History
On April 8, 2019, H.R. 2139 was introduced by
Representative Trahan (MA-03) and referred to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Energy on April 9, 2019.
On June 19, 2019, the Subcommittee on Energy held a hearing
on two bills, including H.R. 2139. The witnesses included
Christina Sames, Vice President, Operations & Engineering,
American Gas Association; Chuck Lesniak, Principal, CL3
Consulting; Andrew Black, President and CEO, Association of Oil
Pipelines; and Christopher ``C.J.'' Osman, Director of
Operations, Safety and Integrity, Interstate Natural Gas
Association of America.
No further action was taken on H.R. 2139 in the 116th
Congress.
Smart Energy and Water Efficiency Act of 2019
H.R. 2665
To provide for a smart water resource management pilot
program.
Summary
This legislation establishes a smart energy and water
efficiency management program at DOE. The bill directs the
Department to award grants to eligible entities to demonstrate
advanced and innovative technology-based solutions that will do
one or more of the following: increase and improve the energy
efficiency of water, wastewater, and water reuse systems;
support the implementation of innovative processes or the
installation of advanced automated systems providing real-time
data on energy and water; or improve energy and water
conservation quality and predictive maintenance through use of
internet-connected technologies.
The bill also establishes a competitive and merit-based
grant award process with selection criteria. It requires an
evaluation of each grant project every year for five years. The
legislation would also make the projects' best practices
available to the public and produce a report to Congress no
later than five years after the program's establishment.
Legislative History
On May 10, 2019, H.R. 2665 was introduced by Representative
McNerney and referred to the Committee on Energy and Commerce,
and in addition to the Committee on Natural Resources and the
Committee on Transportation and Infrastructure. The bill was
subsequently referred to the Subcommittee on Energy on May 11,
2019.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 2665, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2665, and ordered the
bill reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 2665 in the 116th
Congress.
Clean Commute for Kids Act of 2019
H.R. 2906
To reauthorize the Clean School Bus Program.
Summary
This legislation would amend the Energy Policy Act of 2005
to reauthorize and update the Clean School Bus Program. The
Clean School Bus Program offers competitive grant funding for
modernizing school bus fleets. The bill broadens grant
eligibility criteria to include electric vehicles and provides
prioritization for applicants seeking to acquire clean school
buses with low or zero emissions. H.R. 2906 reauthorizes the
Clean School Bus program at $50 million annually from fiscal
years 2020 through 2025.
Legislative History
On May 22, 2019, H.R. 2906 was introduced by Representative
Cardenas and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Energy on May 23, 2019.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 2906, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
No further action was taken on H.R. 2906 in the 116th
Congress.
Promoting Grid Storage Act of 2019
H.R. 2909
To require the Secretary of Energy to establish an energy
storage research program, a demonstration program, and a
technical assistance and grant program, and for other purposes.
Summary
This legislation establishes a research program within DOE
for energy storage systems, components, and materials. The
program requires the Secretary to coordinate across all
relevant DOE program offices and adopt long-term targets for
energy storage system applications. The bill authorizes $175
million annually for the research program for fiscal years 2020
through 2024.
The bill also establishes a technical assistance and grant
program. This program disseminates information, offers
technical assistance, and provides grants to entities to
identify, evaluate, plan, design, and develop processes to
procure energy storage systems. It authorizes $100 million
annually for the technical assistance and grant program for
fiscal years 2020 through 2024.
H.R. 2909 also directs DOE to conduct workshops where
lessons learned from the research and technical and grant
programs can be shared. The bill establishes a demonstration
program from fiscal years 2020 through 2024 at $150 million
annually to provide grants for the development of pilot energy
storage systems.
Legislative History
On May 22, 2019, H.R. 2909 was introduced by Representative
Casten and referred to the Committee on Energy and Commerce,
and in addition to the Committee on Science, Space, and
Technology. The bill was then referred to the Subcommittee on
Energy on May 23, 2019.
On February 12, 2020, the Subcommittee on Energy held a
hearing on six bills, including H.R. 2909. The witnesses
included the Honorable Mark W. Menezes, Under Secretary of
Energy, U.S. Department of Energy; Kelly Speakes-Backman, Chief
Executive Officer, Energy Storage Association; Bryan Howard,
Legislative Director, U.S. Green Building Council; Julie
Hiromoto, Principal, HKS, Inc., on behalf of the American
Institute of Architects; Lowell Ungar, Senior Policy Advisor,
American Council for an Energy-Efficient Economy; Arn McIntyre,
President, McIntyre Builders Inc., on behalf of the National
Association of Home Builders; and Jennifer Schafer, Executive
Director, Federal Performance Contracting Coalition.
No further action was taken on H.R. 2909 in the 116th
Congress.
Energy Savings Through Public Private Partnerships Act of 2019
H.R. 3079
To amend the National Energy Conservation Policy Act to
encourage the increased use of performance contracting in
Federal facilities, and for other purposes.
Summary
This legislation would amend the National Energy
Conservation Policy Act to encourage the increased use of
performance contracting in Federal facilities.
Performance contracting is a method of financing by which
an entity may fund energy efficiency upgrades over time with
savings generated from capital improvements, typically using
Energy Savings Performance Contracts (ESPCs) or Utility Energy
Service Contracts (UESCs). Current law requires Federal
facility energy managers to evaluate and identify energy and
water efficiency measures for Federal facilities. Agencies are
not required under Federal law, however, to implement those
measures. This bill would require that agencies implement those
measures, provided they are cost-effective.
H.R. 3079 also enables the development of more renewable
energy and resiliency projects by allowing agencies to utilize
existing revenue streams, such as rebates, grid services
revenue, and Renewable Energy Certificates (RECs), to help fund
a project. The bill prohibits the use of performance
contracting at Federal hydroelectric facilities.
Legislative History
On June 4, 2019, H.R. 3079 was introduced by Representative
Welch and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on Energy on
June 5, 2019.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 3079, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in open markup session to consider H.R. 3079, and ordered the
bill reported favorably to the House, without amendment, by a
voice vote.
No further action was taken on H.R. 3079 in the 116th
Congress.
Reliable Investment in Vital Energy Reauthorization Act
H.R. 3361
To amend the Energy Policy Act of 2005 to reauthorize
hydroelectric production incentives and hydroelectric
efficiency improvement incentives, and for other purposes.
Summary
This legislation would amend section 242 of the Energy
Policy Act of 2005 to reauthorize the hydroelectric production
incentives program. Additionally, the bill reauthorizes the
hydroelectric efficiency improvement program set forth in
section 243 of that law.
H.R. 3361 reauthorizes both programs from fiscal years 2019
through 2036 at the originally authorized level of $10 million
each year.
Legislative History
On June 19, 2019, H.R. 3361 was introduced by
Representative McKinley and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on June 20, 2019.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 3361, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 3361, and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On December 8, 2020, the Committee on Energy and Commerce
reported H.R. 3361 to the House, without amendment (H. Rept.
116-622) and the bill was placed on the Union Calendar
(Calendar No. 509).
On December 9, 2020, the House considered H.R. 3361 under a
motion to suspend the Rules and the bill passed by a voice
vote.
On December 10, 2020, H.R. 3361 was received in the Senate,
read twice, and placed on the Senate Legislative Calendar under
General Orders (Calendar No. 611).
No further action was taken on H.R. 3361 in the 116th
Congress.
Safer Pipelines Act of 2019
H.R. 3432
To amend title 49, United States Code, to improve the
safety of the Nation's natural gas and hazardous liquid
pipeline systems, and for other purposes.
Summary
H.R. 3432 authorizes appropriations for the following
Pipeline and Hazardous Materials Safety Administration (PHMSA)
programs from fiscal years 2020 through 2023: (1) Operational
expenses: $24,215,000 in fiscal year 2020; $24,941,450 in
fiscal year 2021; $26,460,000 in fiscal year 2022; and
$27,254,000 in fiscal year 2023; (2) Gas and hazardous liquid
management: $160,800,000 in fiscal year 2020; $165,624,000 in
fiscal year 2021; $170,600,000 in fiscal year 2022; and
$175,700,000 in fiscal year 2023; (3) Hazardous liquid funds
from the Oil Spill Liability Trust Fund: $25 million each year
in fiscal year 2020 and fiscal year 2021; and $26 million each
year in fiscal years 2022 and 2023; (4) Underground natural
storage facility safety: $9 million each year from fiscal years
2020 through 2023; (5) Emergency response grants: $12 million
each year from fiscal years 2020 through 2023; (6) Pipeline
safety information grants: $2 million each year from fiscal
years 2020 through 2023; (7) State damage prevention programs:
$2 million each year from fiscal years 2020 through 2023; and
(8) One-call notification programs: $2 million each year from
fiscal years 2020 through 2023.
The bill removes duplicative statutory cost-benefit
requirements imposed solely on PHMSA and no other Federal
agency. Major pipeline safety rules would remain subject to the
same economic analysis by the Office of Management and Budget
that is applied to all other major rules. It also requires
PHMSA, within two years of enactment, to promulgate a
regulation to prioritize more effective technologies over
direct assessment for interstate pipelines to fulfill statutory
assessment obligations. For distribution systems, the bill
requires PHMSA to study and report on the feasibility of
reducing reliance on direct assessment for inspections.
H.R. 3432 makes changes to PHMSA's enforcement regime by:
(1) increasing PHMSA's civil penalty authority; (2) removing
the limit on total penalties in current law; and (3)
strengthening the criminal penalty standard, moving the
standard from ``knowingly and willfully'' to ``knowingly or
recklessly.''
H.R. 3432 restores an individual's ability to bring civil
action against PHMSA to compel the agency to carry out its
statutory obligations. Additionally, the legislation strikes
language in current law that prohibits pipeline safety
information grants from being funded by user fees.
For pipelines located in high consequence areas, the
legislation requires operators, based on a risk assessment, to
install automatic or remote shutoff valves for liquid and gas
pipelines, as appropriate according to the individual pipeline
facility unless PHMSA finalizes a previously required
rulemaking first. Finally, it requires owners and operators of
gas or hazardous liquid pipeline facilities to make critical
operational information available on a segment basis to
surrounding communities and first responders.
Legislative History
On June 19, 2019, the Subcommittee on Energy held a hearing
on two bills, including H.R. __, a draft of the Safer Pipelines
Act of 2019. The witnesses included Christina Sames, Vice
President, Operations & Engineering, American Gas Association;
Chuck Lesniak, Principal, CL3 Consulting; Andrew Black,
President and CEO, Association of Oil Pipelines; and
Christopher ``C.J.'' Osman, Director of Operations, Safety and
Integrity, Interstate Natural Gas Association of America.
On June 24, 2019, H.R. 3432 was introduced by
Representative Rush, and referred to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Energy on June 24, 2019.
On June 26, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 3432, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On November 19, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 3432, and ordered
the bill reported favorably to the House, amended, by unanimous
consent.
No further action was taken on H.R. 3432 in the 116th
Congress.
Energy Savings and Industrial Competitiveness Act of 2019
H.R. 3962
To promote energy savings in residential buildings and
industry, and for other purposes.
Summary
This legislation would promote energy savings and emissions
reductions by supporting the use of energy efficiency
technologies in the residential, commercial, and industrial
sectors.
H.R. 3962 includes a suite of provisions to promote energy
efficiency. The bill strengthens national building codes to
make new homes and commercial buildings more energy efficient.
It also provides retrofitting assistance for schools and
creates a program to account for energy-efficient features in
the mortgage appraisal and underwriting process for federally
backed mortgages.
In addition, H.R. 3962 encourages efficiency technology and
processes for industrial applications, expands DOE's Industrial
Assessment Centers, and incentivizes the use of more energy-
efficient electric motors and transformers. The bill also
requires the Federal Government to adopt energy savings
techniques for computers, allows Federal agencies to use
existing funds to update plans to make new Federal buildings
more energy-efficient, and establishes long-term energy and
water efficiency goals for the Federal Government.
Finally, H.R. 3962 repeals section 433 of the Energy
Independence and Security Act. Section 433 established a
requirement that new and renovated Federal buildings be
designed so that fossil fuel-generated energy consumption of
the building is reduced to zero percent by 2030.
Legislative History
On July 25, 2019, H.R. 3962 was introduced by
Representative Welch and referred to the Committee on Energy
and Commerce, and in addition to the Committees on
Transportation and Infrastructure, Science, Space, and
Technology, Financial Services, the Budget, and Oversight and
Reform. The bill was subsequently referred to the Subcommittee
on Energy on July 26, 2019.
On February 12, 2020, the Subcommittee on Energy held a
hearing on six bills, including H.R. 3962. The witnesses
included the Honorable Mark W. Menezes, Under Secretary of
Energy, U.S. Department of Energy; Kelly Speakes-Backman, Chief
Executive Officer, Energy Storage Association; Bryan Howard,
Legislative Director, U.S. Green Building Council; Julie
Hiromoto, Principal, HKS, Inc., on behalf of the American
Institute of Architects; Lowell Ungar, Senior Policy Advisor,
American Council for an Energy-Efficient Economy; Arn McIntyre,
President, McIntyre Builders Inc., on behalf of the National
Association of Home Builders; and Jennifer Schafer, Executive
Director, Federal Performance Contracting Coalition.
No further action was taken on H.R. 3962 in the 116th
Congress.
Clean Economy Jobs and Innovation Act
H.R. 4447 (H.R. 762, H.R. 1420, H.R. 5650, H.R. 3079, H.R. 2043, H.R.
2041, H.R. 5758, H.R. 2665, H.R. 2088, H.R. 2119, H.R. 2044, H.R. 3962,
H.R. 1744, H.R. 2909, H.R. 5335, H.R. 8165, H.R. 3361, H.R. 3432, H.R.
5542, H.R. 5454, H.R. 1760, H.R. 3306, H.R. 7141, H.R. 5527, H.R. 2114,
H.R. 5541, H.R. 1768, H.R. 2906, H.R. 5518, H.R. 5545, H.R. 1480, H.R.
1315, H.R. 347, H.R. 1426, H.R. 3420, H.R. 1633, H.R. 4447)
To establish an energy storage and microgrid grant and
technical assistance program.
Summary
Sections 1101, 1102, 1103, 1111, 1112, 1121, 1201, 1202,
1203, 1204, 1211, 1221, 1301, 1302, 1401, 1411, and 1412
incorporate H.R. 3962, the ``Energy Savings Industrial
Competitiveness Act of 2020.'' This legislation promotes energy
savings and emissions reductions by supporting the use of
energy efficiency technologies in the residential, commercial,
and industrial sectors. It includes a suite of provisions to
promote energy efficiency. The legislation strengthens national
building codes to make new homes and commercial buildings more
energy efficient. It also provides retrofitting assistance for
schools and creates a program to account for energy-efficient
features in the mortgage appraisal and underwriting process for
federally backed mortgages. In addition, the legislation
encourages efficiency technology and processes for industrial
applications, expands DOE's Industrial Assessment Centers, and
incentivizes the use of more energy-efficient electric motors
and transformers. It also requires the Federal Government to
adopt energy savings techniques for computers, allows Federal
agencies to use existing funds to update plans to make new
Federal buildings more energy-efficient, and establishes long-
term energy and water efficiency goals for the Federal
Government.
Section 1121 incorporates H.R. 762, the ``Streamlining
Energy Efficiency for Schools Act''. This legislation directs
DOE's Office of Energy Efficiency and Renewable Energy to act
as the lead agency for coordinating and disseminating
information on existing programs and assistance that may be
used to help initiate, develop, and finance energy efficiency,
renewable energy, and energy retrofitting projects for schools.
Sections 1301 and 1302 incorporate H.R. 1420, the ``Energy
Efficient Government Technology Act''. This legislation
requires each Federal agency to coordinate with the Office of
OMB, DOE, and the Environmental Protection Agency to develop an
implementation strategy for the maintenance, purchase, and use
of energy-efficient and energy-saving information technologies
at or for federally owned and operated facilities. DOE must
maintain a data center energy practitioner program that leads
to the certification of energy practitioners qualified to
evaluate the energy usage and efficiency opportunities in
federally owned and operated data centers. DOE also must
establish an open data initiative to make information about
Federal data center energy usage available and accessible in a
manner that encourages data center innovation, optimization,
and consolidation.
Section 1411 incorporates H.R. 5650, the ``Federal Energy
and Water Management Performance Act of 2020''. This
legislation amends NECPA to direct the head of each Federal
agency to reduce each year (through 2030) average building
energy intensity by 2.5 percent relative to their respective
energy intensities in 2018. Additionally, each agency head must
improve water use efficiency and management through a number of
prescribed actions. These actions include reducing potable
water consumption; lowering industrial, landscaping, and
agricultural water consumption; and installing infrastructure
features on federally-owned properties to improve stormwater
and wastewater management. The bill also establishes FEMP in
law to facilitate implementation of cost-effective energy and
water management and energy-related investment practices. The
program, which would bear responsibility for monitoring and
implementing Federal efficiency standards, provides strategic
planning and technical assistance, establishes best practices,
maintains information resources and tools, and recognizes
efficiency achievements. The program would also be responsible
for providing accredited training as well as guidance with
portfolio-wide planning and project integration. The bill
authorizes $36 million annually from fiscal years 2020 through
2024 for this program.
Section 1413 incorporates H.R. 3079, the ``Energy Savings
through Public-Private Partnerships Act of 2019''. This
legislation amends NECPA to encourage the increased use of
performance contracting in Federal facilities. Performance
contracting is a method of financing by which an entity may
fund energy efficiency upgrades over time with savings
generated from capital improvements, typically using Energy
Savings Performance Contracts (ESPCs) or Utility Energy Service
Contracts (UESCs). Entities engaged in an ESPC or UESC are
generally able to recuperate savings generated by efficiency
improvements following a period of repayment to the individual
or company performing those facility upgrades. Current law
requires Federal facility energy managers to evaluate and
identify energy and water efficiency measures for Federal
facilities. Agencies are not required under Federal law,
however, to implement those measures. This bill would require
that agencies implement those measures, provided they are cost-
effective. H.R. 3079 also enables the development of more
renewable energy and resiliency projects by allowing agencies
to utilize existing revenue streams, such as rebates, grid
services revenue, and Renewable Energy Certificates (RECs), to
help fund a project. The bill prohibits the use of performance
contracting at Federal hydroelectric facilities.
Sections 1521, 1522, 1523, 1524, 1525, 1526, and 1527
incorporate H.R. 2043, the ``Home Owner Managing Energy
Savings'' or ``HOMES'' Act. This legislation requires the
Secretary of Energy to establish a Home Energy Savings Retrofit
Rebate Program to provide rebates to homeowners for retrofits
that achieve home energy savings. For a retrofit to qualify for
the program, it must be implemented and installed by a
qualified contractor, achieve a reduction in home energy use of
20 percent or more, and include measures with an estimated life
of five years or more. Homeowners performing retrofits
projected to save at least 20 percent of energy usage would be
eligible for a $2,500 rebate; those performing retrofits
projected to save at least 40 percent of energy usage would be
eligible for a $5,000 rebate. The legislation authorizes $250
million annually for the program for fiscal years 2020 through
2025. Additionally, it directs the Secretary of Energy to
establish a Residential Energy Pay for Performance pilot
program to encourage the use of measured energy savings in the
operation of residential energy programs. The legislation also
requires the pilot program to provide competitive grants to
five or more state energy offices. The bill authorizes $100
million to carry out this pilot program in fiscal year 2021.
Sections 1601, 1602, 1603, and 1604 incorporate H.R. 2041,
the ``Weatherization Enhancement and Local Energy Efficiency
Investment and Accountability Act''. The legislation
reauthorizes WAP at $350 million per year from fiscal years
2020 through 2024. It allows the Secretary of Energy to
consider improvements in health and safety of occupant dwelling
units, as well as other non-energy benefits from weatherization
assistance, when reissuing regulations on program cost
effectiveness. It also allows the Secretary of Energy to
require periodic review of the use of private contractors in
provisioning weatherization assistance and encouraging expanded
use of contractors, as appropriate. The legislation establishes
a competitive grant program to support innovation in
weatherization assistance, and increases the funding amount
that may be used for administrative purposes from 10 to 15
percent. It further amends the re-weatherization date so that
dwelling units weatherized using Federal funds, are eligible to
receive additional assistance 15 years after the completion of
the previous weatherization assistance.
Section 1801 incorporates H.R. 5758, the ``Ceiling Fan
Improvement Act of 2020''. This legislation amends the Energy
Policy and Conservation Act (EPCA) to make technical
corrections to the energy conservation standard for large-
diameter ceiling fans. DOE issued a final rule in January 2017
setting energy efficiency standards for ceiling fans with a
compliance date of January 2020. The legislation amends the
final rule to adjust compliance requirements related to total
airflow, and power consumption for large-diameter ceiling fans.
Section 1802 incorporates H.R. 2665, the ``Smart Energy and
Water Efficiency Act of 2019''. This legislation establishes a
smart energy and water efficiency management program. The bill
directs DOE to award grants to eligible entities to demonstrate
advanced and innovative technology-based solutions that will do
one or more of the following: increase and improve the energy
efficiency of water, wastewater, and water reuse systems;
support the implementation of innovative processes or the
installation of advanced automated systems providing real-time
data on energy and water; or improve energy and water
conservation quality and predictive maintenance through use of
internet-connected technologies. It also establishes a
competitive and merit-based grant award process with selection
criteria and requires an evaluation of each grant project every
year for five years. The legislation would also make the
projects' best practices available to the public and produce a
report to Congress no later than five years after the program's
establishment.
Section 1803 incorporates H.R. 2088, a bill to amend the
Energy Independence and Security Act of 2007 to reauthorize the
Energy Efficiency and Conservation Block Grant Program (EECBG).
The EECBG program provides grants to states, local governments,
and Indian Tribes to assist their efforts to reduce fossil fuel
emissions and conserve energy. The grants can be used to
improve energy efficiency in all sectors of the local economy
and for a wide variety of activities, allowing for flexibility
to fund projects that best address local conditions and needs.
The bill reauthorizes the program to provide $3.5 billion
annually from fiscal years 2021 through 2025. In addition, the
bill includes several amendments to the program to add the goal
of diversifying energy supplies by promoting use of alternative
fuels, including funding to deploy infrastructure for
delivering electricity and other alternative fuels.
Section 1804 incorporates H.R. 2119, a bill to amend the
EPAct05 to reauthorize grants for improving the energy
efficiency of public buildings. This legislation amends section
125(c) of EPAct05 to authorize $100 million annually from
fiscal years 2021 through 2025. Section 125 established a grant
program to provide grants for states to improve the energy
efficiency of public buildings and facilities. EPAct05
originally authorized the program at $30 million per year.
Section 1805 incorporates H.R. 2044, the ``Smart Building
Acceleration Act''. This legislation requires the Secretary of
Energy to conduct a survey of smart buildings across the
country and then select at least one building from an
appropriate range of building sizes and types to be evaluated
for further assessment. The assessment includes an evaluation
of which advanced building technologies are the most cost-
effective, as well as which show the most promise for
decreasing building utility demands and increasing service
performance to building occupants. The Secretary of Energy must
also establish an initiative to implement smart building
technology at one or more buildings under each of several
Federal agencies and also evaluate the costs and benefits of
these buildings. The legislation also directs the Secretary of
Energy, in consultation with private sector property owners, to
develop a smart building initiative to demonstrate policies and
approaches that facilitate the transition to smart buildings
under the umbrella of the DOE Better Buildings Challenge. It
further directs the Secretary of Energy to conduct research on
eliminating barriers to the integration of advanced building
technologies and facilitating the transition to smart
buildings. The legislation also requires the Secretary of
Energy to provide a report to Congress summarizing findings and
providing recommendations to facilitate the transition to smart
buildings.
Sections 2101 and 2102 incorporate H.R. 1744, the ``Storage
Technology for Operational Readiness And Generating Energy
Act'' or the ``S.T.O.R.A.G.E. Act''. This legislation
establishes a standard under the Public Utility Regulatory
Policies Act of 1978 (PURPA) requiring states to consider
investing in energy storage systems. It amends PURPA by adding
energy storage systems to the list of strategies states should
consider when developing energy plans. In particular, states
would have to consider requiring that, as part of a supply-side
resource planning process, utilities demonstrate that they
considered an investment in energy storage systems based on
factors such as cost, reliability, security, and system
performance and efficiency.
Sections 2121, 2122, and 2123 incorporate H.R. 4447, the
``Expanding Access to Sustainable Energy Act of 2019''. This
legislation requires DOE to provide grants and technical
assistance to assist rural electric cooperatives with
identifying, evaluating, designing, and demonstrating energy
storage and microgrid projects that utilize energy from
renewable energy sources.
Section 2201 incorporates H.R. 3361, the ``Reliable
Investment in Vital Energy Reauthorization Act'' or ``RIVER
Act''. This legislation amends section 242 of EPAct05 to
reauthorize the hydroelectric production incentives program.
Additionally, it reauthorizes the hydroelectric efficiency
improvement program in EPAct05 section 243. The hydroelectric
production incentives program provides payments to owners or
operators of hydroelectric facilities that are added to
existing dams or conduits. The hydroelectric efficiency
improvement program similarly provides payments, but for the
purpose of making changes in a facility that improve its
efficiency by three percent or more. The legislation
reauthorizes both programs from fiscal years 2019 through 2036
at the originally authorized level of $10 million each year.
Sections 2301, 2302, 2303, and 2304 incorporate H.R. 5335,
the ``American Energy Opportunity Act''. This legislation
establishes a process for expediting and standardizing the
permitting process for certain distributed energy systems. It
defines such systems as equipment or materials installed in,
on, or near a building to support onsite or local energy use,
such as solar energy, batteries, and charging systems for
electrical vehicles. Specifically, DOE must establish or
designate a Distributed Energy Opportunity Board to carry out a
program to (1) expedite the process for local permitting and
inspection of qualifying distributed energy systems, and (2)
facilitate the certification of distributed energy system
installers. In addition, DOE must recognize and certify
communities as Distributed Energy Opportunity Communities if
they adopt and implement a permit-to-build protocol that is
established by the board. DOE may award grants to encourage
communities to adopt the protocol and standardized inspection
processes established by the board.
Section 2401 incorporates H.R. 8165, the ``Affordable Solar
Energy for Our Communities Act''. This legislation establishes
a program at DOE to provide grants, rebates, and loans for the
planning and construction of solar installations benefitting
low-income and underserved areas. It provides assistance for
community solar facilities located in underserved areas, solar
generating facilities located at low-income households, or
solar generating facilities located at federally subsidized
multi-family affordable housing complexes. Grants, rebates, and
loans are provided for both planning projects and installation
projects.
Section 3201 incorporates H.R. 5542, the ``Mitigate Methane
Now Act''. This legislation requires the Secretary of Energy to
establish a grant program for States to provide incentives to
natural gas distribution companies for the improvement of
natural gas distribution systems. The legislation establishes a
grant program at DOE for the purposes of improving public
safety and the environmental performance of the natural gas
distribution system. The bill authorizes grant funding to
States for the purposes of offsetting rate increases to low-
income households and improving the safety and environmental
performance of natural gas distribution systems through
incentives for natural gas distribution companies to
accelerate, expand, or enhance improvements to the natural gas
distribution system. In awarding grants under the program, the
agency must prioritize applications that produce quantifiable
benefits to public safety, reduce methane emissions, and
benefit low-income households, among other factors. The bill
authorizes $250 million per year for the program from fiscal
years 2021 through 2030.
Section 3301 incorporates H.R. 5454, the ``Fairness for
Landowners Facing Eminent Domain Act''. This legislation
addresses the use of eminent domain by the holder of a
certificate of public convenience and necessity to acquire land
or property with respect to the construction and operation of a
natural gas pipeline facility. Specifically, it prohibits the
use of eminent domain unless the holder (1) obtains all Federal
and state permits required by law for the construction and
operation of pipeline facilities, and (2) complies with all
environmental conditions appended to the certificate order. It
also suspends eminent domain authority if the holder requests a
material amendment to the certificate, or a Federal or State
permit held by the holder is vacated or remanded. And the
legislation prohibits the use of eminent domain if the
pipeline, land, or other property necessary for the
construction and operation of the natural gas pipeline is
attached to any facility that imports or exports natural gas
from or to a foreign country.
Sections 4101, 4102, 4103, and 4104 incorporate H.R. 1760,
the ``Advanced Nuclear Fuel Availability Act''. This
legislation directs DOE's Office of Nuclear Energy to develop
and deploy high-assay low-enriched uranium for domestic
commercial use and to develop a schedule for recovering costs
associated with such development.
Section 4301 incorporates H.R. 7141, the ``Defending
Against Rosatom Exports Act''. This legislation extends to 2035
limits set in 1992 on the importation of Russian low-enriched
uranium, a fuel for nuclear reactors, and contains other
related provisions. It also specifies the maximum amounts of
qualifying uranium that may be imported each year for 2021
through 2035. No more than 25 percent of qualifying uranium may
be imported each year under a contract other than a contract
exclusively for separative work units.
Section 5101 incorporates H.R. 5527, the ``21st Century
Power Grid Act''. This legislation requires the Secretary of
Energy to establish a program to provide financial assistance
for projects relating to the modernization of the electric
grid. Specifically, it requires eligible projects be designed
to improve the resiliency, performance, or efficiency of the
electric grid, while demonstrating secure integration and
management of energy resources, communications
interoperability, or information technologies. It also
stipulates that each project carried out with financial
assistance from the program include a cybersecurity plan to
comply with guidelines in accordance with DOE's ``DataGuard
Energy Data Privacy Program.''
Section 5201 incorporates H.R. 2114, the ``Enhancing State
Energy Security Planning and Emergency Preparedness Act of
2019''. This legislation adds a new section to EPCA authorizing
a state to use Federal financial assistance received through
the State Energy Program (SEP) to implement, revise, and review
a State Energy Security Plan. The bill sets out requirements
for the contents of the State Energy Security Plan. To be
eligible to receive assistance under the SEP, the legislation
requires the Governor of a State to submit a plan, a revision
to the plan, or a certification that no revisions to the plan
are necessary to the Secretary of Energy every year. The
provision sunsets in 2024. The legislation also reauthorizes
the SEP from fiscal years 2021 through 2025 at $90 million
annually.
Sections 5401 and 5402 incorporate H.R. 5541, the ``Tribal
Power Act''. This legislation amends sections 2601 and 2602 of
EPAct92, reauthorizing programs to assist consenting Indian
Tribes in meeting energy education, planning, and management
needs. Congress authorized the establishment of an Indian
energy resources development program in EPAct92 and it
established an Office of Indian Energy Policy and Programs at
DOE in EPAct05. The legislation amends the definition of Indian
Land to extend eligibility for grant funding to consenting
Alaskan Native Tribes. The bill also provides DOE's Director of
the Office of Indian Energy Policy and Programs the authority
to expand programmatic access by 5 reducing applicable cost-
share based on criteria such as proven financial need. Finally,
the bill reauthorizes the program at $30 million annually from
fiscal years 2021 through 2025.
Section 6101 incorporates an updated version of H.R. 1768,
the ``Diesel Emission Reduction Act of 2019''. This section
reauthorizes through fiscal year 2025 a diesel emissions
reduction program under which EPA provides grants, rebates, or
loans for replacing diesel engines or retrofitting the engines
with pollution control technologies.
Section 6201 incorporates H.R. 2906, the ``Clean Commute
for Kids Act of 2019''. This legislation amends EPAct05 to
reauthorize and update the Clean School Bus Program. The Clean
School Bus Program offers competitive grant funding for
modernizing school bus fleets. The legislation broadens grant
eligibility criteria to include electric vehicles and provides
prioritization for applicants seeking to acquire clean school
buses with low or zero emissions. H.R. 2906 reauthorizes the
Clean School Bus program at $50 million annually from fiscal
years 2020 through 2025.
Section 6301 incorporates H.R. 5518, a bill to require the
Secretary of Energy to carry out a Clean Cities Coalition
Program, and for other purposes. This legislation requires the
Secretary of Energy to carry out a Clean Cities Coalition
Program. The purpose of the program is to reduce dependence on
petroleum fuels through the development of local government-
industry partnerships to encourage the use of alternative fuels
and vehicles. H.R. 5518 formally authorizes the existing DOE
program in law and establishes program elements. The
legislation authorizes the program beginning in fiscal year
2020 at $50 million and increases incrementally each year,
ultimately reaching $100 million in fiscal year 2024.
Sections 6501, 6502, 6503, 6504, 6505, 6506, 6507, 6508,
6509, 6510, 6511, and 6512 incorporate H.R. 5545, the ``New
Opportunities to Expand Healthy Air Using Sustainable
Transportation Act of 2020'', or ``NO EXHAUST Act of 2020''.
This legislation promotes the domestic manufacturing and use of
advanced, fuel-efficient vehicles and zero-emission vehicles
and encourages electrification of the transportation sector. It
establishes a new program to provide rebates for electric
vehicle charging stations. It also directs the Secretary of
Energy to assess the accessibility of electric vehicle charging
infrastructure in urban, underserved communities, and to
consider the needs of underserved or disadvantaged communities
when implementing programs to expand infrastructure to support
clean transportation. The legislation further directs the
Secretary to establish or update model building codes to enable
greater electric vehicle charging equipment integration. It
also amends PURPA section 111(d) to require states consider
additional measures that will promote expanded development of
electric vehicle charging networks. Additionally, the
legislation amends EPCA sections 362 and 365 to authorize
funding for the development of State energy transportation and
conservation plans. It also amends section 303 of EPAct92 to
increase the percentage of alternative fueled vehicles that
Federal agencies must acquire and sets minimum requirements for
the percentage of alternative fueled vehicles that must be zero
emission vehicles. Additionally, the legislation amends EPCA
section 400FF to increase the requirement for Federal use of
alternative fuels, and includes a new requirement to reduce
Federal fleet greenhouse gas emissions. Further, it amends
subtitle B of title VII of EPAct05 to expand eligibility for
the domestic manufacturing conversion grant program to include
plug-in vehicles. And it amends EISA section 136 to modify the
definition of an ``advanced technology vehicle'' to include
ultra-efficient vehicles and light- and medium-duty vehicles
that meet specific regulatory emission standards.
Sections 9101, 9102, 9103, 9104, 9105, and 9106 incorporate
H.R. 1633, the ``Smart Manufacturing Leadership Act''. This
legislation addresses the productivity and energy efficiency of
the manufacturing sector as well as the development of smart
manufacturing technologies (certain advanced technologies in
information, automation, monitoring, computation, sensing,
modeling, and networking). DOE must complete a national plan
for smart manufacturing technology development and deployment
to improve the productivity and energy efficiency of the U.S.
manufacturing sector. DOE must revise the plan biennially to
account for advancements in information and communication
technology and manufacturing needs. DOE may make grants to
states for supporting the implementation of smart manufacturing
technologies. States must use those grants to (1) provide
access to shared supercomputing facilities to small- and
medium-sized manufacturers, (2) fund research and development
of transformational manufacturing processes and materials
technology that advance smart manufacturing, and (3) provide
tools and training to aid the adoption of energy management
systems and implement smart manufacturing technologies in the
manufacturers' facilities. DOE must expand the scope of
technologies covered by Industrial Assessment Centers to (1)
include smart manufacturing technologies and practices, and (2)
equip the centers' directors with the training and tools
necessary to provide technical assistance in smart
manufacturing technologies and practices. DOE must (1) study
how it can increase access to existing high-performance
computing resources in the National Laboratories, and (2)
facilitate access to the laboratories by small- and medium-
sized manufacturers.
Section 9401 incorporates H.R. 1480, the ``Combined Heat
and Power Support Act''. This legislation redesignates DOE's
Clean Energy Application Centers as the CHP Technical
Assistance Partnership Program. The program encourages
deployment of combined heat and power, heat to power, and
efficient district energy technologies. It also provides
project specific support to building and industrial
professionals through economic and engineering assessments and
advisory activities. The legislation reauthorizes the program
through fiscal year 2024.
Sections 12101, 12102, 12103, 12111, 12112, and 12113
incorporate H.R. 1315, the ``Blue Collar to Green Collar Jobs
Act of 2019''. This legislation amends section 211 of the
Department of Energy Organization Act to rename the Office of
Minority Economic Impact as the Office of Economic Impact,
Diversity, and Employment. The legislation promotes energy
workforce development by creating ``a comprehensive nationwide
program to improve education and training for jobs in energy-
related industries.'' Among other things, it encourages
underrepresented groups--including religious and ethnic
minorities, women, veterans, individuals with disabilities,
socioeconomically disadvantaged individuals, and returning
citizens--to enter the science, technology, engineering, and
mathematics (STEM) fields. The legislation also requires DOE to
provide direct assistance (including financial assistance
awards and technical expertise) to educational institutions,
local workforce development boards, State workforce development
boards, non-profit organizations, labor organizations, and
apprenticeship programs. It directs the Secretary of Energy to
collaborate with the Secretaries of Labor and Education to
develop educational guidelines and conduct outreach to
minority-serving educational institutions and displaced and
unemployed energy and manufacturing workers. In addition, it
establishes a program to provide grants to eligible businesses
to pay the eligible wages of new and existing employees
receiving training to work in renewable energy, energy
efficiency, grid modernization, carbon capture and storage, and
fuel cell generation sectors.
Section 12602 incorporates H.R. 1426, the ``Timely Review
of Infrastructure Act''. This legislation amends section 401 of
the Department of Energy Organization Act by adding a new
subsection (k) at the end. The new subsection grants the
Federal Energy Regulatory Commission Chairman additional
authority to adjust compensation for a category of employees
and other personnel without regard to certain civil service
laws. The FERC Chairman must publicly certify that other
approaches to retaining and attracting employees are inadequate
and that the adjustment to compensation is necessary to carry
out the functions of FERC in a timely, efficient, and effective
manner. It also requires that the FERC Chairman periodically
submit to Congress a report including information related to
hiring, vacancies, compensation, and efforts to retain and
attract employees.
Section 12603 incorporates H.R. 3240, the ``Public
Engagement at FERC Act''. This legislation amends the section
319 of the Federal Power Act to facilitate communication with
the public relating to, and participation by the public in,
matters under FERC's jurisdiction. It also requires the Office
of Public Participation to advocate for, and act as a liaison
with, environmental justice communities on matters under FERC's
jurisdiction. Additionally, it specifies that Office funding
shall be derived from fees and charges collected under section
3401 of the Omnibus Budget Reconciliation Act of 1986.
Legislative History
On September 20, 2019, H.R. 4447 was introduced by
Representative O'Halleran, and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Science, Space, and Technology. The bill was then referred to
the Subcommittee on Energy on September 23, 2019.
On February 12, 2020, the Subcommittee on Energy held a
hearing on six bills, including H.R. 4447. The witnesses
included the Honorable Mark W. Menezes, Under Secretary of
Energy, U.S. Department of Energy; Kelly Speakes-Backman, Chief
Executive Officer, Energy Storage Association; Bryan Howard,
Legislative Director, U.S. Green Building Council; Julie
Hiromoto, Principal, HKS, Inc., on behalf of the American
Institute of Architects; Lowell Ungar, Senior Policy Advisor,
American Council for an Energy-Efficient Economy; Arn McIntyre,
President, McIntyre Builders Inc., on behalf of the National
Association of Home Builders; and Jennifer Schafer, Executive
Director, Federal Performance Contracting Coalition.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 4447 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 15, 2020, the Committee on Energy and Commerce
reported H.R. 4447 to the House, as amended (H. Rept. 116-504),
and the bill was placed on the Union Calendar (Calendar No.
404).
On September 24, 2020, the House considered an amended
version of H.R. 4447 pursuant to the provisions of H. Res.
1129, that included additional provisions from the following
bills referred to the Committee on Energy and Commerce: H.R.
762, the ``Streamlining Energy Efficiency for Schools Act'',
introduced by Representative Cartwright; H.R. 1420, the
``Energy Efficient Government Technology Act'', introduced by
Representative Eshoo; H.R. 5650, the ``Federal Energy and Water
Management Performance Act of 2020'', introduced by
Representative Welch; H.R. 3079, the ``Energy Savings Through
Public-Private Partnerships Act of 2019'', introduced by
Representative Welch; H.R. 2043, the ``HOMES Act'', introduced
by Representative Welch; H.R. 2041, the ``Weatherization
Enhancement and Local Energy Efficient Investment and
Accountability Act'', introduced by Representative Tonko; H.R.
5758, the ``Ceiling Fan Improvement Act of 2020'', introduced
by Representative Guthrie; H.R. 2665, the ``Smart Energy and
Water Efficiency Act of 2019'', introduced by Representative
McNerney; H.R. 2088, To amend the Energy Independence and
Security Act of 2007 to reauthorize the Energy Efficiency and
Conservative Block Grant Program, and for other purposes,
introduced by Representative Stanton; H.R. 2119, To amend the
Energy Policy Act of 2005 to reauthorize grants for improving
the energy efficiency of public buildings, and for other
purposes, introduced by Representative Kelly; H.R. 2044, the
``Smart Building Acceleration Act'', introduced by
Representative Welch; H.R. 3962, the ``Energy Savings and
Industrial Competitiveness Act of 2019,'' introduced by
Representative Welch; H.R. 1744, the ``S.T.O.R.A.G.E. Act'',
introduced by Representative Takano; H.R. 2909, the ``Promoting
Grid Storage Act of 2019'', introduced by Representative
Casten; H.R. 5335, the ``American Energy Opportunity Act of
2019'', introduced by Representative Tonko; H.R. 8165, the
``Affordable Solar Energy for Our Communities Act'', introduced
by Representative Cardenas; H.R. 3361, the ``RIVER Act'',
introduced by Representative McKinley; H.R. 3432, the ``Safer
Pipelines Act of 2019'', introduced by Representative Rush;
H.R. 5542, To require the Secretary of Energy to establish a
grant program for States to provide incentives to natural gas
distribution companies for the improvement of natural gas
distribution systems, and for other purposes, introduced by
Representative Sherrill; H.R. 5454, the ``Fairness for
Landowners Facing Eminent Domain Act'', introduced by
Representative Malinowski; H.R. 1760, the ``Advanced Nuclear
Fuel Availability Act'', introduced by Representative Flores;
H.R. 3306, the ``Nuclear Energy Leadership Act'', introduced by
Representative Luria (VA-02); H.R. 7141, the ``Defending
Against Rosatom Exports Act'', introduced by Representative
Torres Small; H.R. 5527, the ``21st Century Power Grid Act'',
introduced by Representative Sarbanes; H.R. 2114, the
``Enhancing State Energy Security Planning and Emergency
Preparedness Act of 2019'', introduced by Representative Rush;
H.R. 5541, the ``Tribal Power Act'', introduced by
Representative O'Halleran; H.R. 1768, the ``Diesel Emissions
Reduction Act of 2019'', introduced by Representative Matsui;
H.R. 2906, the ``Clean Commute for Kids Act of 2019'',
introduced by Representative Cardenas; H.R. 5518, a bill to
require the Secretary of Energy to carry out a Clean Cities
Coalition Program, and for other purposes, introduced by
Representative McEachin; H.R. 5545, the ``NO EXHAUST Act of
2020'', introduced by Representative Rush; H.R. 1480, the ``CHP
Support Act'', introduced by Representative Welch; H.R. 1315,
the ``Blue Collar to Green Collar Jobs Development Act of
2019'', introduced by Representative Rush; H.R. 347, the
``Responsible Disposal Reauthorization Act of 2019'',
introduced by Representative Tipton; H.R. 1426, the ``Timely
Review of Infrastructure Act'', introduced by Representative
Olson; H.R. 3420, the ``Federal Law Enforcement and Public
Protection Act'' introduced by Representative DeSaulnier (CA-
11); H.R. 1633, the ``Smart Manufacturing Leadership Act'',
introduced by Representative Welch; and H.R. 4447, the
``Expanding Access to Sustainable Energy Act of 2019'',
introduced by Representative O'Halleran.
On September 24, 2020, the House passed H.R. 4447, as
amended, by a recorded vote of 220 yeas and 185 nays (Roll Call
No. 206).
On October 19, 2020, H.R. 4447 was received in the Senate,
read twice, and referred to the Committee on Energy and Natural
Resources.
No further action was taken on H.R. 4447 in the 116th
Congress.
To Require the Secretary of Energy to Carry Out a Clean Cities
Coalition Program, and for Other Purposes
H.R. 5518
To require the Secretary of Energy to carry out a Clean
Cities Coalition Program, and for other purposes.
Summary
This legislation would authorize in law DOE's Clean Cities
Coalition Program. DOE created the Clean Cities Coalition
Program in the early 1990s based upon authorities in the Energy
Policy Act of 1992 (EPAct92). The purpose of the program is to
reduce dependence on petroleum fuels through the development of
local government-industry partnerships to encourage the use of
alternative fuels and vehicles.
H.R. 5518 directs the Secretary to carry out the program
and establishes program elements. The legislation authorizes
the program beginning in fiscal year 2020 at $50 million and
increases the level incrementally each year, ultimately
reaching $100 million in fiscal year 2024.
Legislative History
On December 19, 2019, H.R. 5518 was introduced by
Representative McEachin, and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on December 20, 2019.
On January 9, 2020, the Subcommittee on Energy met in open
markup session and considered H.R. 5518, and forwarded the bill
to the Committee on Energy and Commerce, without amendment, by
a voice vote.
There was no further action on H.R. 5518 in the 116th
Congress.
21st Century Power Grid Act
H.R. 5527
To require the Secretary of Energy to establish a program
to provide financial assistance for projects relating to the
modernization of the electric grid, and for other purposes.
Summary
This legislation would require the Secretary of Energy to
establish a program to provide financial assistance for
projects relating to the modernization of the electric grid.
The bill requires that eligible projects be designed to improve
the resiliency, performance, or efficiency of the electric
grid, while demonstrating secure integration and management of
energy resources, communications interoperability, or
information technologies. The bill also stipulates that each
project carried out with financial assistance from the program
include a cybersecurity plan to comply with guidelines in
accordance with DOE's ``DataGuard Energy Data Privacy
Program.''
Legislative History
On December 19, 2019, H.R. 5527 was introduced by
Representative Sarbanes, and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on December 20, 2019.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 5527, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
There was no further action on H.R. 5527 in the 116th
Congress.
Tribal Power Act
H.R. 5541
To amend the Energy Policy Act of 1992 to reauthorize
programs to assist consenting Indian Tribes in meeting energy
education, planning, and management needs, and for other
purposes.
Summary
This legislation would amend sections 2601 and 2602 of
EPAct92, reauthorizing programs to assist consenting Indian
Tribes in meeting energy education, planning, and management
needs. The legislation amends the definition of Indian Land to
extend eligibility for grant funding to consenting Alaskan
Native Tribes. The bill also provides DOE's Director of the
Office of Indian Energy Policy and Programs the authority to
expand programmatic access by reducing applicable cost-share
based on criteria such as proven financial need. Finally, the
bill authorizes the programs at $30 million annually from
fiscal year 2021 through 2025.
Legislative History
On January 7, 2020, H.R. 5541 was introduced by
Representative O'Halleran and referred to the Committee on
Natural Resources, and in addition to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on January 8, 2020.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 5541, and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in open markup session to consider H.R. 5541, and ordered the
bill reported favorably to the House, amended, by a voice vote.
On December 8, 2020, the Committee on Energy and Commerce
reported H.R. 5541 to the House, as amended (H. Rept. 116-625).
On December 9, 2020, the House considered H.R. 5541 under a
motion to suspend the Rules and, passed the bill, as amended,
by a voice vote.
There was no further action on H.R. 5541 in the 116th
Congress.
To Require the Secretary of Energy to Establish a Grant Program for
States to Provide Incentives to Natural Gas Distribution Companies for
the Improvement of Natural Gas Distribution Systems, and for Other
Purposes
H.R. 5542
To require the Secretary of Energy to establish a grant
program for States to provide incentives to natural gas
distribution companies for the improvement of natural gas
distribution systems, and for other purposes.
Summary
This legislation would require the Secretary of Energy to
establish a grant program for States to provide incentives to
natural gas distribution companies for the improvement of
natural gas distribution systems.
The legislation establishes a grant program at DOE for the
purposes of improving public safety and the environmental
performance of the natural gas distribution system. The bill
authorizes grant funding to States for the purposes of
offsetting rate increases to low-income households and
improving the safety and environmental performance of natural
gas distribution systems through incentives for natural gas
distribution companies to accelerate, expand, or enhance
improvements to the natural gas distribution system. In
awarding grants under the program, the agency must prioritize
applications that produce quantifiable benefits to public
safety, reduce methane emissions, and benefit low-income
households, among other factors. The bill authorizes $250
million per year for the program from fiscal years 2021 through
2030.
Legislative History
On January 7, 2020, H.R. 5542 was introduced by
Representative Sherrill and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on January 8, 2020.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 5542 and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
No further action was taken on H.R. 5542 in the 116th
Congress.
NO EXHAUST Act of 2020
H.R. 5545
To promote the domestic manufacture and use of advanced,
fuel efficient vehicles and zero emission vehicles, encourage
electrification of the transportation sector, create jobs, and
improve air quality, and for other purposes.
Summary
This legislation would promote the domestic manufacture and
use of advanced, fuel-efficient vehicles and zero-emission
vehicles, encourage electrification of the transportation
sector, create jobs, and improve air quality. The legislation
seeks to expand access to electric vehicle charging
infrastructure in several ways.
The legislation establishes a new program to provide
rebates to offset the cost of purchasing and installing new
electric vehicle charging stations. The bill authorizes $100
million annually for the program from fiscal years 2021 through
2030. H.R. 5545 also directs the Secretary of Energy to assess
the availability, opportunity, and barriers to providing access
to electric vehicle charging infrastructure in urban,
underserved communities. It also directs the Secretary of
Energy to consider the needs of underserved or disadvantaged
communities when implementing programs intended to expand
infrastructure to support clean transportation. The bill
further directs the Secretary of Energy to establish or update
model building codes to enable greater integration of electric
vehicle charging equipment into buildings. It also amends
section 111(d) of the Public Utility Regulatory Policies Act of
1978 to require States to consider additional measures that
will promote expanded development of electric vehicle charging
networks.
Additionally, H.R. 5545 amends sections 362 and 365 of the
Energy Policy and Conservation Act to authorize funding for the
development of State energy transportation and conservation
plans. The bill authorizes $100 million for State energy
conservation plans from FY 2021-2025, increasing to $125
million from fiscal years 2026 through 2030. The bill also
authorizes $25 million each year for State energy
transportation plans from fiscal years 2021 through 2025,
increasing to $35 million from fiscal years 2026 through 2030.
The bill amends several provisions related to Federal
fleets. It amends section 303 of EPAct92 to increase the
percentage of alternative fueled vehicles that Federal agencies
must acquire and sets minimum requirements for the percentage
of alternative fueled vehicles that must be zero emission
vehicles. It also amends section 400FF of the Energy Policy and
Conservation Act to increase the requirement for Federal use of
alternative fuels and includes a new requirement to reduce
Federal fleet greenhouse gas emissions.
The bill amends subtitle B of title VII of the Energy
Policy Act of 2005 to expand eligibility for the domestic
manufacturing conversion grant program to include plug-in
vehicles, and sets priorities for awards to manufacturing
facilities that have recently ceased operations or are
scheduled to do so in the near term. The legislation contains
provisions requiring grant applicants to provide written
assurance that laborers will be paid prevailing wages for work
on relevant projects receiving Federal funding. The bill also
amends section 136 of the Energy Independence and Security Act
of 2007 to modify the definition of an ``advanced technology
vehicle'' to include ultra-efficient vehicles and light- and
medium-duty vehicles that meet specific regulatory emission
standards. The legislation authorizes $2.5 billion for the
grant program annually from fiscal years 2021 through 2030.
Legislative History
On January 7, 2020, H.R. 5545 was introduced by
Representative Rush and referred to the Committee on Energy and
Commerce, and in addition to the Committee on Oversight and
Reform. The bill was subsequently referred to the Subcommittee
on Energy on January 8, 2020.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 5545 and forwarded the bill to
the Committee on Energy and Commerce, without amendment, by a
voice vote.
No further action was taken on H.R. 5545 in the 116th
Congress.
Federal Energy and Water Management Performance Act of 2020
H.R. 5650
To amend the National Energy Conservation Policy Act to
improve Federal energy and water performance requirements for
Federal buildings and establish a Federal Energy Management
Program.
Summary
H.R. 5650 amends the National Energy Conservation Policy
Act to direct the head of each Federal agency to reduce each
year (through 2030) average building energy intensity by 2.5
percent relative to their respective energy intensities in
2018. Additionally, each agency head must improve water use
efficiency and management through a number of prescribed
actions. These actions include reducing potable water
consumption; lowering industrial, landscaping, and agricultural
water consumption; and installing infrastructure features on
federally-owned properties to improve stormwater and wastewater
management.
The bill also establishes in law the Federal Energy
Management Program to facilitate the implementation of cost-
effective energy and water management and energy-related
investment practices. The program, which would bear
responsibility for monitoring and implementing Federal
efficiency standards, provides strategic planning and technical
assistance, establishes best practices, maintains information
resources and tools, and recognizes efficiency achievements.
The program would also be responsible for providing accredited
training as well as guidance with portfolio-wide planning and
project integration. The bill authorizes $36 million annually
from fiscal years 2020 through 2024 for this program.
Legislative History
On January 16, 2020, H.R. 5650 was introduced by
Representative Welch and referred to the Committee on Energy
and Commerce.
On February 12, 2020, the Subcommittee on Energy held a
hearing on six bills intended to improve energy efficiency and
storage, including H.R. 5650. The witnesses included the
Honorable Mark W. Menezes, Under Secretary of Energy, U.S.
Department of Energy; Kelly Speakes-Backman, Chief Executive
Officer, Energy Storage Association; Bryan Howard, Legislative
Director, U.S. Green Building Council; Julie Hiromoto,
Principal, HKS, Inc., on behalf of the American Institute of
Architects; Lowell Ungar, Senior Policy Advisor, American
Council for an Energy-Efficient Economy; Arn McIntyre,
President, McIntyre Builders Inc., on behalf of the National
Association of Home Builders; and Jennifer Schafer, Executive
Director, Federal Performance Contracting Coalition.
No further action was taken on H.R. 5650 in the 116th
Congress.
Ceiling Fan Improvement Act of 2020
H.R. 5758
To amend the Energy Policy and Conservation Act to make
technical corrections to the energy conservation standard for
ceiling fans, and for other purposes.
Summary
This legislation would amend the Energy Policy and
Conservation Act to make technical corrections to the energy
conservation standard for large-diameter ceiling fans. DOE
issued a final rule in January 2017 setting energy efficiency
standards for ceiling fans with a compliance date of January
2020. The bill amends the final rule to adjust compliance
requirements related to total airflow, and power consumption
for large-diameter ceiling fans.
Legislative History
On February 5, 2020, H.R. 5758 was introduced by
Representative Guthrie and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on February 6, 2020.
On February 12, 2020, the Subcommittee on Energy held a
hearing on six bills, including H.R. 5758. The witnesses
included the Honorable Mark W. Menezes, Under Secretary of
Energy, U.S. Department of Energy; Kelly Speakes-Backman, Chief
Executive Officer, Energy Storage Association; Bryan Howard,
Legislative Director, U.S. Green Building Council; Julie
Hiromoto, Principal, HKS, Inc., on behalf of the American
Institute of Architects; Lowell Ungar, Senior Policy Advisor,
American Council for an Energy-Efficient Economy; Arn McIntyre,
President, McIntyre Builders Inc., on behalf of the National
Association of Home Builders; and Jennifer Schafer, Executive
Director, Federal Performance Contracting Coalition.
The Committee on Energy and Commerce met in virtual open
markup session on June 15, 2020 to consider H.R. 5758 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On December 8, 2020, the Committee on Energy and Commerce
reported H.R. 5758 to the House, without amendment (H. Rept.
116-626) and the bill was placed on the Union Calendar
(Calendar No. 511).
On December 9, 2020, the House considered H.R. 5758 under a
motion to suspend the Rules and passed the bill by a recorded
vote of 396 yeas and 2 nays (Roll no. 241).
No further action was taken on H.R. 5758 in the 116th
Congress.
Department of Energy Organization and Management Improvement Act
H.R. 8159
To require the Secretary of Energy to review and report
periodically on measures and recommendations to improve general
management of the Department of Energy, to implement reforms to
ensure continuous improvement in such management, and for other
purposes.
Summary
This legislation requires the Secretary of Energy to review
and report periodically on measures and recommendations to
improve general management of DOE, and to implement reforms to
ensure continuous improvement in management.
The bill requires the Secretary to submit a report every
two years containing an evaluation of the general management of
DOE, a description of impediments to effective DOE management,
recommendations to improve DOE management, a strategic plan for
continuous improvement of DOE management, and an evaluation of
the status of DOE departmental management improvement. It
further requires the Secretary to submit a report describing
the status of all orders issued by DOE relating to management
of the Department and a schedule for updating these orders to
ensure effective management of the Department.
The bill amends section 3220 of the National Nuclear
Security Administration Act, which delineates the status of
National Nuclear Security Administration (NNSA) personnel and
independent contract personnel employed by or contracting with
NNSA. The bill clarifies that NNSA officers and employees shall
be responsible to and subject to the authority, direction, and
control of the Secretary of Energy. It further strikes a
provision from section 3220 barring DOE personnel other than
the Secretary from exercising authority, direction, or control
over personnel employed by or contracting with NNSA.
Legislative History
On September 4, 2020, H.R. 8159 was introduced by
Representative Walden and referred to the Committee on Energy
and Commerce, and in addition to the Committee on Armed
Services. The bill was subsequently referred to the
Subcommittee on Energy on September 8, 2020.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 8159 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
There was no further action on H.R. 8159 in the 116th
Congress.
OVERSIGHT ACTIVITIES
Wasted Energy: DOE's Inaction on Efficiency Standards and Its Impact on
Consumers and the Climate
On March 7, 2019, the Subcommittee on Energy held a hearing
entitled ``Wasted Energy: DOE's Inaction on Efficiency
Standards and Its Impact on Consumers and the Climate.'' The
purpose of this hearing was to discuss the Department of
Energy's delay of appliance energy efficiency standards and its
illegal refusal to publish Final Energy Conservation Standards
required by law. The witnesses included the Honorable Daniel
Simmons, Assistant Secretary, Office of Energy Efficiency and
Renewable Energy, Department of Energy; Katherine Kennedy,
Senior Director, Climate & Clean Energy Program, Natural
Resources Defense Council; Andrew deLaski, Executive Director,
Appliance Standards Awareness Project, American Council for an
Energy Efficient Economy; Charles Harak, Senior Attorney,
Energy and Utility Issues, National Consumer Law Center; David
Friedman, Vice President, Advocacy, Consumer Reports; Joseph M.
McGuire, President and CEO, Association of Home Appliance
Manufacturers; and Stephen Yurek, President and CEO, Air-
Conditioning, Heating, and Refrigeration Institute.
The State of Pipeline Safety and Security in America
On May 1, 2019, the Subcommittee on Energy held a hearing
entitled ``The State of Pipeline Safety and Security in
America.'' The purpose of this hearing was to perform oversight
of the regulatory activities of the Pipeline and Hazardous
Materials Safety Administration. The witnesses included the
Honorable Howard R. ``Skip'' Elliott, Administrator, Pipeline
and Hazardous Materials Safety Administration; William Russell,
Acting Director, Government Accountability Office (GAO);
Lawrence Friedeman, Commissioner, Public Utilities Commission
of Ohio; Andrew J. Black, President and CEO, Association of Oil
Pipelines; Carl Weimer, Executive Director, The Pipeline Safety
Trust; and Christina Sames, Vice President, Operations &
Engineering, American Gas Association.
The Fiscal Year 2020 DOE Budget
On May 9, 2019, the Subcommittee on Energy held a hearing
entitled ``The Fiscal Year 2020 DOE Budget.'' The purpose of
this hearing was to analyze the DOE's fiscal year 2020 budget.
The witnesses included the Honorable Rick Perry, Secretary,
U.S. Department of Energy.
Oversight of FERC: Ensuring Its Actions Benefit Consumers and the
Environment
On June 12, 2019, the Subcommittee on Energy held a hearing
entitled ``Oversight of FERC: Ensuring Its Actions Benefit
Consumers and the Environment.'' The purpose of this hearing
was to review the state of the Federal Energy Regulatory
Commission. The witnesses included the Honorable Neil
Chatterjee, Chairman, Federal Energy Regulatory Commission; the
Honorable Cheryl A. LaFleur, Commissioner, Federal Energy
Regulatory Commission; the Honorable Richard Glick,
Commissioner, Federal Energy Regulatory Commission; and the
Honorable Bernard L. McNamee, Commissioner, Federal Energy
Regulatory Commission.
Keeping the Lights on: Addressing Cyber Threats to the Grid
On July 12, 2019, the Subcommittee on Energy held a hearing
entitled ``Keeping the Lights On: Addressing Cyber Threats to
the Grid.'' The purpose of this hearing was to review the
progress of DOE's Office of Cybersecurity, Energy Security, and
Emergency Response. The witnesses included the Honorable Karen
S. Evans, Assistant Secretary, Office of Cybersecurity, Energy
Security, and Emergency Response, U.S. Department of Energy; J.
Andrew Dodge, Sr., Director, Office of Electric Reliability,
Federal Energy Regulatory Commission; and Jim Robb, President
and CEO, North American Electric Reliability Corporation.
Building a 100 Percent Clean Economy: Solutions for the U.S. Building
Sector
On September 20, 2019, the Subcommittee on Energy held a
hearing entitled ``Building a 100 Percent Clean Economy:
Solutions for the U.S. Building Sector.'' The purpose of this
hearing was to discuss paths to decarbonizing the U.S. building
sector. The witnesses included Carl Elefante, FAIA, 2018 AIA
President, the American Institute of Architects; Elizabeth
Beardsley, Senior Policy Counsel, U.S. Green Building Council;
Steven Nadel, Executive Director, American Council for an
Energy-Efficient Economy; Timothy Keane, International Vice
President at Large, International Association of Heat and Frost
Insulators and Allied Workers; Curtis J. Zimmermann, Ph.D.,
Manager, Government Liaison, BASF Corporation; and Arn
McIntyre, President, McIntyre Builders Inc., on behalf of the
National Association of Home Builders.
Building a 100 Percent Clean Economy: Solutions for the U.S. Power
Sector
On October 30, 2019, the Subcommittee on Energy held a
hearing entitled ``Building a 100 Percent Clean Economy:
Solutions for the U.S. Power Sector.'' The purpose of this
hearing was to discuss how to achieve net zero greenhouse gas
pollution within the power sector. The witnesses included Ralph
Izzo, Chairman, President & CEO, Public Service Enterprise
Group Incorporated; Lee Anderson, Government Affairs Director,
Utility Workers Union of America, AFL CIO; Karen Palmer, Senior
Fellow and Director, Future of Power Initiative, Resources for
the Future; Jeff Dennis, General Counsel and Managing Director,
Advanced Energy Economy; Jim Matheson, Chief Executive Officer,
National Rural Electric Cooperative Association; and John Bear,
Chief Executive Officer, Midcontinent Independent System
Operator, Inc.
Out of Control: The Impact of Wildfires on Our Power Sector and the
Environment
On January 28, 2020, the Subcommittee on Energy and the
Subcommittee on Environment and Climate Change held a hearing
entitled ``Out of Control: The Impact of Wildfires on our Power
Sector and the Environment.'' The purpose of this hearing was
to assess the environmental impacts of wildfires, and examine
the energy and infrastructure needs and upgrades necessary to
prevent future wildfires and ensure reliable electricity
delivery. The witnesses included William Johnson, CEO and
President, PG&E Corporation; John MacWilliams, Senior Fellow,
Center on Global Energy Policy, Columbia University; Anthony S.
Davis, Ph.D., Interim Dean, College of Forestry, Oregon State
University; Brandon M. Collins, Ph.D., Research Scientist, The
Center for Fire Research and Outreach, Berkeley Forests,
University of California, Berkeley; and David Markham,
President and CEO, Central Electric Cooperative, Inc.
Modernizing the Natural Gas Act to Ensure it Works for Everyone
On February 5, 2020, the Subcommittee on Energy held a
hearing entitled ``Modernizing the Natural Gas Act to Ensure it
Works for Everyone.'' The purpose of this hearing was to review
FERC's implementation of the Natural Gas Act and assess whether
it is truly serving the needs and interests of all Americans.
The witnesses included the Honorable Cheryl LaFleur, Former
Chairman, Federal Energy Regulatory Commission; Susan Tierney,
Senior Advisor, Analysis Group, Inc.; Richard Worsinger,
Treasurer, Board of Directors, American Public Gas Association;
Michael E. McMahon, Senior Vice President, General Counsel and
Secretary, Boardwalk Pipelines, LP, on behalf of the Interstate
Natural Gas Association of America; N. Jonathan Peress, Senior
Director, Energy Markets and Utility Regulation, Environmental
Defense Fund; Jennifer Danis, Staff Attorney, Environmental Law
Clinic, Columbia University School of Law; Maya van Rossum,
Leader, Delaware Riverkeeper Network; David Bookbinder, Chief
Counsel, Niskanen Center; David Mallino, Legislative and
Political Director, Laborers International Union of North
America; and Gene Barr, President and CEO, Pennsylvania Chamber
of Business and Industry.
Building a 100 Percent Clean Economy: Advanced Nuclear Technology's
Role in a Decarbonized Future
On March 3, 2020, the Subcommittee on Energy held a hearing
entitled ``Building a 100 Percent Clean Economy: Advanced
Nuclear Technology's Role in a Decarbonized Future.'' The
purpose of this hearing was to discuss the state of
advancements in nuclear technology and identify how such
technologies can aid efforts to combat the climate crisis. The
witnesses included Maria Korsnick, President and Chief
Executive Officer, Nuclear Energy Institute; Armond Cohen,
Executive Director, Clean Air Task Force; Joseph Hezir,
Principal, Energy Futures Initiative; the Honorable Jeffrey S.
Merrifield, Chairman, Advanced Reactor Task Force, U.S. Nuclear
Industry Council; John L. Hopkins, Chairman and Chief Executive
Officer, NuScale Power, LLC; and Chris Levesque, President and
Chief Executive Officer, TerraPower, LLC.
Reviving Our Economy: COVID-19's Impact on the Energy Sector
On June 16, 2020, the Subcommittee on Energy held a hearing
entitled ``Reviving Our Nation's Economy: COVID-19's Impact on
the Energy Sector.'' The purpose of this hearing was to examine
the widespread effects of the COVID-19 pandemic, the resulting
economic downturn in the energy sector, and paths to recovery.
The witnesses included the Honorable Ernest J. Moniz, President
and Chief Executive Officer, Energy Futures Initiative, Former
Secretary, U.S. Department of Energy; Gregory Wetstone,
President and Chief Executive Officer, American Council on
Renewable Energy; and Rich Powell, Executive Director,
ClearPath.
Oversight of DOE During the COVID-19 Pandemic
On July 14, 2020, the Subcommittee on Energy held a hearing
entitled ``Oversight of DOE During the COVID-19 Pandemic.'' The
purpose of this hearing was to discuss the DOE's COVID-19
pandemic response, the pandemic's effects on the energy sector,
the Department's 2021 Fiscal Year budget, and other energy
matters. The witnesses included the Honorable Dan Brouillette,
Secretary, U.S. Department of Energy.
Generating Equity: Improving Clean Energy Access and Affordability
On October 1, 2020, the Subcommittee on Energy held a
hearing entitled ``Generating Equity: Improving Clean Energy
Access and Affordability.'' The purpose of this hearing was to
discuss the clean energy access challenges and energy burdens
that low-income communities and communities of color face. The
witnesses included Ariel Drehobl, Senior Research Associate,
Local Policy, American Council for an Energy-Efficient Economy;
Tony G. Reames, Ph.D., Assistant Professor, School for
Environment and Sustainability, University of Michigan; Robert
Bryce, Visiting Fellow, The Foundation for Research on Equal
Opportunity; and Alexandra M. Wyatt, Policy and Regulatory
Manager, GRID Alternatives.
Subcommittee on Environment and Climate Change
LEGISLATIVE ACTIVITIES
Chemical Facility Anti-Terrorism Standards Program Extension Act
PUBLIC LAW 116-2 (H.R. 251)
To extend by 15 months the Chemical Facility Anti-Terrorism
Standards Program of the Department of Homeland Security, and
for other purposes.
Summary
This legislation extends the Department of Homeland
Security's Chemical Facility Anti-Terrorism Standards Program
by 15 months.
Legislative History
On January 18, 2019, H.R. 251 was introduced by
Representative Thompson (MS-02) and referred to the Committee
on Homeland Security, and in addition to the Committee on
Energy and Commerce.
On January 8, 2019, the House considered H.R. 251 under a
motion to suspend the Rules and passed the bill, without
amendment, by a recorded vote of 414 yeas and 3 nays (Roll no.
14).
On January 9, 2019, the Senate received H.R. 251, read the
first time, and placed on the Senate Legislative Calendar under
Read the First Time. The Senate read the bill a second time and
placed on the Senate Legislative Calendar under General Orders
(Calendar No. 8).
On January 16, 2019, H.R. 251 passed the Senate, amended,
by unanimous consent.
On January 17, 2019, the House agreed to the Senate
amendment to H.R. 251 under a motion to suspend the Rules by a
voice vote.
On January 18, 2019, the President signed H.R. 251 into law
(Public Law 116-2).
Alaska Remote Generator Reliability and Protection Act
PUBLIC LAW 116-62 (S. 163, H.R. 422)
To prevent catastrophic failure or shutdown of remote
diesel power engines due to emission control devices, and for
other purposes.
Summary
This legislation directs the Environmental Protection
Agency to revise certain regulations regarding particulate
matter emissions standards for nonemergency stationary diesel
engines in remote areas of Alaska. The EPA Administrator, in
consultation with the Secretary of Energy, must submit a report
to Congress assessing options for assisting remote areas of
Alaska in meeting specified energy needs.
Legislative History
On January 9, 2019, H.R. 422 was introduced by
Representative Young (AK-00) and referred to the Committee on
Energy and Commerce.
The Senate companion bill, S. 163, passed the Senate
without amendment by unanimous consent on May 20, 2019.
On May 21, 2019, S. 163 was received in the House and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Environment and
Climate Change on May 22, 2019. On September 17, 2019, the
House passed S. 163 by unanimous consent.
On October 4, 2019, the President signed S. 163 into law
(Public Law 116-62).
National Defense Authorization Act for Fiscal Year 2020
PUBLIC LAW 116-92 (S. 1790, H.R. 2500, H.R. 535, H.R. 2377)
To authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes.
Summary
Section 332 incorporates H.R. 2626, the ``PFAS
Accountability Act of 2019''. This legislation requires the
Department of Defense to enter into cooperative agreements for
the cleanup of per- and polyfluoroalkyl substances (PFAS).
Section 7321 incorporates H.R. 2577, the ``PFAS Right-To-
Know Act''. This legislation amends section 313 of the
Emergency Planning and Community Right-To-Know Act of 1986
(EPCRA) to include per- and polyfluoroalkyl substances on the
Toxics Release Inventory.
Section 7351 incorporates a part of H.R. 2600, the ``Toxic
PFAS Control Act''. This legislation amends section 8(a) of the
Toxic Substances Control Act (TSCA) to require any person who
has manufactured a chemical substance that is a perfluoroalkyl
or polyfluoroalkyl substance since January 1, 2011, to submit
to the Administrator of the EPA a report.
Legislative History
On May 2, 2019, H.R. 2500 was introduced by Representative
Smith (WA-09) and referred to the Committee on Armed Services.
On July 11, 2011, H.R. 2500 was considered in the House
pursuant to the provisions of H. Res. 476 and the bill passed
by a recorded vote of 220 yeas and 197 nays (Roll No. 473).
On September 29, 2019, H.R. 2500 was received in the
Senate. On August 11, 2020, H.R. 2500 was read twice in the
Senate and placed on the Senate Legislative Calendar under
General Orders (Calendar No. 512).
No further action was taken on H.R. 2500 in the 116th
Congress.
On June 11, 2019, S. 1790, ``the National Defense
Authorization Act for Fiscal Year 2020'', was introduced by
Senator Inhofe (OK).
On June 27, 2019, the Senate considered S. 1790 and the
bill passed with an amendment by recorded vote of 86 yeas and 8
nays (Record Vote Number: 188).
On July 2, 2019, S. 1790 was received by the House and held
at the desk. On September 12, 2019, the House returned papers
to the Senate in compliance with a request of the Senate for
the return thereof.
On September 12, 2019, the Senate passed S. 1790 with an
amendment by unanimous consent. On September 16, 2019, S. 1760
was received by the House and held at the desk.
On September 17, 2019, the House considered S. 1790 and
passed the bill with an amendment by unanimous consent. On that
same day, the House insisted on its amendment and requested a
conference with the Senate by unanimous consent.
On September 17, 2019, the Speaker appointed conferees.
From the Committee on Energy and Commerce, the Speaker
appointed Representatives Pallone, Tonko, and Upton for
consideration of secs. 214, 315, 318, 703, 3112, 3113, 3201-03,
5318, 6001, 6006, 6021, 6701, 6711, 6721-24, 6741, 6742, 6751-
54, 8101, 8202, 10421, 10422, and 10742 of the Senate bill,
secs. 315, 330F, 330H, 330O, 606, 737, 3111, 3112, 3127, 3128,
3201, and 3202 of the House amendment, and modifications
committed to conference.
On September 18, 2019, the Senate disagreed to the
amendment of the House to the Senate bill, agreed to request a
conference, and authorized the Presiding Officer to appoint
conferees. On that same day, the Senate appointed the following
conferees: Senators Inhofe, Wicker, Fischer, Cotton, Rounds,
Ernst, Tillis, Sullivan, Perdue, Cramer, McSally, Scott,
Blackburn, Hawley, Reed, Shaheen, Gillibrand, Blumenthal,
Hirono, Kaine, King, Heinrich, Warren, Peters, Manchin,
Duckworth, and Jones.
The conference report (H. Rept. 116-333) was filed on
December 9, 2019.
On December 11, 2019, the House considered the conference
report in the House pursuant to H. Res. 758 and the report was
agreed to by a recorded vote of 377 yeas and 48 nays (Roll No.
672). On December 17, 2019, the Senate considered the
conference report and agreed to the bill by a recorded vote of
86 yeas and 8 nays (Record Vote Number: 400).
On December 20, 2019, the President signed S. 1790 into law
(Public Law 166-92).
On January 14, 2019, H.R. 535, the PFAS Action Act of 2019,
was introduced by Representative Dingell and referred to the
Committee on Energy and Commerce, in addition to the Committee
on Transportation and Infrastructure. H.R. 535 was referred to
the Subcommittee on Environment and Climate Change on January
25, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills, including H.R. 535.
The witnesses included Erik D. Olson, Health Program Director,
Natural Resources Defense Council; Jamie DeWitt, Ph.D., DABT,
Associate Professor, Department of Pharmacology & Toxicology,
Brody School of Medicine at East Carolina University; Emily
Marpe, Mother and Community Member, Petersburgh, New York;
Brian Steglitz, P.E., Manager, Water Treatment Services, City
of Ann Arbor; Tracy Mehan, Executive Director, Government
Affairs, American Water Works Association; and Jane C. Luxton,
Partner, Co-Chair of the Environmental and Administrative Law
Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in an open markup session to consider H.R.
535 and forwarded the bill to the Committee on Energy and
Commerce, without amendment, by a voice vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 535 and ordered the
bill reported favorably to the House, amended, by a recorded
vote of 31 yeas and 19 nays.
On January 2, 2020, the Committee on Energy and Commerce
reported H.R. 535 to the House, amended (H. Rept. 116-364), and
the bill was placed on the Union Calendar (Calendar No. 289).
On January 10, 2020, the House considered H.R. 535 pursuant
to the provisions of H. Res. 779 and passed the bill, amended,
by a reported vote of 247 yeas to 159 nays (Roll No. 13).
On January 13, 2020, H.R. 535 was received in the Senate,
read twice, and referred to the Committee on Environment and
Public Works.
No further action was taken on H.R. 535 in the 116th
Congress.
On April 29, 2019, H.R. 2377, the Protecting Drinking Water
from PFAS Act of 2019, was introduced by Representative Boyle
(PA-02) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Environment and Climate Change on April 30, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills, including H.R. 2377.
The witnesses included Erik D. Olson, Health Program Director,
Natural Resources Defense Council; Jamie DeWitt, Ph.D., DABT,
Associate Professor, Department of Pharmacology & Toxicology,
Brody School of Medicine at East Carolina University; Emily
Marpe, Mother and Community Member, Petersburgh, New York;
Brian Steglitz, P.E., Manager, Water Treatment Services, City
of Ann Arbor; Tracy Mehan, Executive Director, Government
Affairs, American Water Works Association; and Jane C. Luxton,
Partner, Co-Chair of the Environmental and Administrative Law
Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2377
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2377 in the 116th
Congress.
On May 9, 2019, H.R. 2626 was introduced by Representative
Upton and referred to the Committee on Energy and Commerce, and
in addition to the Committees on Transportation and
Infrastructure, and Natural Resources. The bill was
subsequently referred to the Subcommittee on Environment and
Climate Change on May 10, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills, including H.R. 2626.
The witnesses included Erik D. Olson, Health Program Director,
Natural Resources Defense Council; Jamie DeWitt, Ph.D., DABT,
Associate Professor, Department of Pharmacology & Toxicology,
Brody School of Medicine at East Carolina University; Emily
Marpe, Mother and Community Member, Petersburgh, New York;
Brian Steglitz, P.E., Manager, Water Treatment Services, City
of Ann Arbor; Tracy Mehan, Executive Director, Government
Affairs, American Water Works Association; and Jane C. Luxton,
Partner, Co-Chair of the Environmental and Administrative Law
Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2626
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2626 in the 116th
Congress.
Provisions from H.R. 535, 2377, 2626 were incorporated into
S. 1790.
To Reauthorize the West Valley Demonstration Project, and for Other
Purposes
PUBLIC LAW 116-95 (H.R. 1138)
To reauthorize the West Valley demonstration project, and
for other purposes.
Summary
This legislation amends the West Valley Demonstration
Project Act to authorize $75,000,000 for the West Valley
Demonstration Project for each of the fiscal years 2017 through
2026. Additionally, the bill designates all the radioactive
waste at the high-level radioactive waste management
demonstration project at the Western New York Nuclear Service
Center in West Valley, New York as waste resulting from atomic
energy defense activities.
Legislative History
On February 11, 2019, H.R. 1138 was introduced by
Representative Reed (NY 23) and referred to the Committee on
Energy and Commerce. On February 12, 2019 it was referred to
the Subcommittee on Energy.
On March 5, 2019, the House considered H.R. 1138 under a
motion to suspend the Rules and passed the bill by a voice
vote.
On March 6, 2019, H.R. 1138 was received in the Senate,
read twice, and referred to the Senate Committee on Energy and
Natural Resources. On August 16, 2019, H.R. 1138 was placed on
the Senate Legislative Calendar under General Order (Calendar
No. 171).
On December 2, 2019, the Senate considered H.R. 1138 and
passed the bill, without amendment, by unanimous consent.
On December 20, 2019, the President sign H.R. 1138 into law
(Public Law 116-95).
A Bill to Extend the Chemical Facility Anti Terrorism Standards
PUBLIC LAW 116-150 (S. 4148, H.R. 3256, H.R. 6160)
To extend the Chemical Facility Anti-Terrorism Standards
Program of the Department of Homeland Security, and for other
purposes.
Summary
This legislation extends the Department of Homeland
Security's Chemical Facility Anti-Terrorism Standards Program
until July 17, 2023.
Legislative History
On June 13, 2019, H.R. 3256, the Protecting and Securing
Chemical Facilities from Terrorist Attacks Act of 2019, was
introduced by Representative Richmond (LA-02) and referred to
the Committee on Homeland Security, and in addition to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Environment and Climate Change.
On September 11, 2019, the Subcommittee on Environment and
Climate Change held a legislative hearing on H.R. 3256. The
witnesses included David Wulf, Acting Deputy Assistant
Secretary for Infrastructure Protection, Department of Homeland
Security; Matthew Fridley, Corporate Manager of Safety, Health,
and Security, Brenntag North America, Inc., on behalf of the
National Association of Chemical Distributors; Michele Roberts,
National Co-Coordinator, Environmental Justice Health Alliance
(EJHA); John Paul Smith, Legislative Representative, United
Steelworkers (USW); and Scott Whelchel, Chief Security Officer
and Global Director of Emergency Services and Security, Dow, on
behalf of the American Chemistry Council.
On September 21, 2020, H.R. 3256 was placed on the Union
Calendar (Calendar No. 427) after the Committee on Homeland
Security reported the bill to the House.
No further action was taken on H.R. 3256 in the 116th
Congress.
On March 9, 2020, H.R. 6160, To extend the chemical
facility anti-terrorism standards program of the Department of
Homeland Security was introduced by Representative Thompson
(MS-02) and referred to the Committee on Homeland Security, and
in addition to the Committee on Energy and Commerce.
On March 14, 2020, the House considered H.R. 6160 and
passed the bill, without amendment, by unanimous consent. The
Senate received H.R. 6160 on March 16, 2020.
No further action was taken on H.R. 6160 in the 116th
Congress.
On July 1, 2020, a Senate companion bill, S. 4148, was
introduced by Senator Johnson (WI). On that same day, the
Senate considered S. 4148 and passed the bill, without
amendment, by unanimous consent.
On July 6, 2020, S. 4148 was received by the House and held
at the desk. On July 20, 2020, the House considered S. 4148 and
passed the bill, without amendment, by unanimous consent.
On July 22, 2020, the President signed S. 4148 into law
(Public Law No. 116-150).
The Consolidated Appropriations Act, 2021
PUBLIC LAW 116-__ (H.R. 133, H.R. 1768, H.R. 1166, H.R. 5544)
Making consolidated appropriations for the fiscal year
ending September 30, 2021, providing coronavirus emergency
response and relief, and for other purposes.
Summary
Section 101 of division S incorporates H.R. 1768, the
``Diesel Emission Reduction Act of 2019.'' This section
reauthorizes through fiscal year 2024 a diesel emissions
reduction program under which EPA provides grants, rebates, or
loans for replacing diesel engines or retrofitting the engines
with pollution control technologies.
Section 102 of division S incorporates an updated version
of H.R. 1166, the ``Utilizing Significant Emissions with
Innovative Technologies Act'' or ``USE IT Act''. This section
authorizes EPA to establish a competitive prize program that
awards funds to direct air capture research projects to reduce
CO2 from stationary sources. It also establishes a
Direct Air Capture Technology Advisory Board of experts to
advise the Administrator. Additionally, it directs the
Secretary of Energy to establish a research, development, and
demonstration program for carbon utilization to identify and
evaluate novel uses for carbon. The legislation directs the
National Academies to conduct a study examining the barriers
and opportunities related to commercial application of
CO2. It also amends the Fixing America's Surface
Transportation (FAST) Act to clarify that ``covered projects''
include carbon capture, utilization, and sequestration (CCUS)
projects and CO2 pipelines. Further, it directs the
Chair of the Council on Environmental Quality (CEQ) to prepare
a report evaluating the state of the industry for CCUS projects
and CO2 pipelines, and submit guidance to all
relevant agencies to support their efficient, orderly and
responsible development. Such guidance should address
protections afforded by longstanding environmental laws.
Finally, the provision directs the CEQ Chair to establish at
least two regional task forces to identify successes and
challenges faced by developers and operators of CCUS projects
and CO2 pipelines, and make recommendations to
improve the permitting and regional coordination for efficient,
orderly, and responsible development of such projects.
Section 103 of division S incorporates H.R. 5544, the
``American Innovation and Manufacturing Leadership Act''. This
legislation directs EPA to implement an allowance allocation
and trading program to phase down the production and
consumption of hydrofluorocarbons (HFCs) by 85 percent over 15
years.
Legislative History
On January 3, 2019, H.R. 133, the ``United States-Mexico
Economic Partnership Act'', was introduced by Representative
Cuellar and referred to the Committee on Foreign Affairs. On
January 10, 2019, the House considered H.R. 133 under a motion
to suspend the Rules and passed H.R. 133 by a voice vote. On
January 15, 2020, the Senate passed H.R. 133, amended, by
unanimous consent.
On December 21, 2020, the House passed an amendment to the
Senate amendment to H.R. 133 with a portion of amendment
comprising divisions B, C, E, and F by a recorded vote of 327
yeas and 85 nays (Roll no. 250) and an amendment to the Senate
amendment to H.R. 133 (except divisions B, C, E, and F) by a
recorded vote of 359 yeas and 53 nays (Roll no. 251). That same
day, the House pass the Senate amendment to H.R. 133 with
amendment by unanimous consent.
On December 21, 2020, the Senate passed the House amendment
to the Senate amendment to H.R. 133 by a recorded vote of 92
yeas to 6 nays (Recorded Vote Number: 289). On December 24,
2020, H.R. 133 was presented to the President. On December 27,
2020, the President signed H.R. 133 into law. The Public Law
number had not been assigned when this report was filed.
On March 14, 2019, H.R. 1768, the Diesel Emissions
Reduction Act of 2019 was introduced by Representative Matsui
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Energy on
March 15, 2019.
On September 9, 2019, the House considered H.R. 1768 under
a motion to suspend the Rules and passed the bill, without
amendment, by a recorded vote of 295 yeas to 114 nays (Roll no.
516).
On September 10, 2019, H.R. 1768 was received in the
Senate. On December 18, 2019, H.R. 1768 was read twice and
referred to the Senate Committee on Environment and Public
Works.
On February 13, 2019, H.R. 1166, the USE IT Act, was
introduced by Representative Peters (CA-52) and referred to the
Committee on Energy and Commerce, and in addition to the
Committees on Science, Space, and Technology, Natural
Resources, and Transportation and Infrastructure. The bill was
subsequently referred to the Subcommittee on Environment and
Climate Change on February 14, 2019.
On February 6, 2020, the Subcommittee on Environment and
Climate Change held a hearing on H.R. 1166 entitled ``Clearing
the Air: Legislation to Promote Carbon Capture, Utilization and
Storage.'' The witnesses include Laurel Harmon, Vice President,
LanzaTech, Inc.; Jason Albritton, Director of Climate and
Energy Policy, The Nature Conservancy; John Noel, Senior
Climate Campaigner, Greenpeace USA; Sasha Mackler, Director,
The Energy Project, Bipartisan Policy Center; Lee Anderson,
Government Affairs Director, Utility Workers Union of America,
AFL CIO; and Jason Begger, Executive Director, Wyoming
Infrastructure Authority.
On January 7, 2020, H.R. 5544, the American Innovation and
Manufacturing Leadership Act, was introduced by Representative
Tonko and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on
Environment and Climate Change on January 8, 2019.
On January 14, 2020, the Subcommittee on Environment and
Climate Change held a hearing on H.R. 5544. The witnesses
included Cynthia Newberg, Director, Stratospheric Protection
Division, Office of Atmospheric Programs, U.S. Environmental
Protection Agency, Office of Air and Radiation; Gary Bedard,
President and Chief Operating Officer, Lennox International,
Inc., On behalf of the Alliance for Responsible Atmospheric
Policy; David Doniger, Senior Strategic Director, Natural
Resources Defense Council, John Galyen, President, Danfoss
North America, on behalf of the Air-Conditioning, Heating, and
Refrigeration Institute; and Ben Lieberman, Senior Fellow,
Competitive Enterprise Institute.
On March 12, 2020, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 5544
and forwarded the bill, amended, to the Committee on Energy and
Commerce, by a recorded vote of 13 yeas and 9 nays.
No further action was taken on H.R. 1768, H.R. 1166, and
H.R. 5544 in the 116th Congress. These bills were incorporated
into H.R. 133.
Moving Forward Act
H.R. 2
(H.R. 7024, H.R. 7304, H.R. 5416, H.R. 5256, H.R. 7426, H.R. 7303)
To authorize fund for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Summary
Sections 25001, 25002, and 25003 incorporate H.R. 7024, the
``Climate Smart Ports Act''. This legislation requires EPA to
establish a grant program for purchasing or installing
equipment and technology that (1) is used at a port and
produces zero exhaust emissions of certain pollutants and
greenhouse gases, or (2) captures 100 percent of the exhaust
emissions produced by an ocean-going vessel at berth.
Section 33191 incorporates H.R. 7304, the ``Climate Action
Planning for Ports Act of 2020''. This legislation authorizes
$250 million per year over five years for a competitive grant
program at EPA that incentivizes ports to create and implement
climate action plans aimed at reducing greenhouse gas emissions
and other air pollutants. The grants would be prioritized based
on several factors, including regional collaboration,
engagement with environmental justice and near-port communities
when developing the climate action plans, and emissions
reduction benefits.
Section 33192 incorporates H.R. 5416, the ``National
Climate Bank Act''. The updated version of this legislation
establishes a Clean Energy and Sustainability Accelerator to
bolster and expand a robust clean energy workforce, deploy
emissions reduction technologies, and invest in low-carbon
infrastructure projects. The Accelerator is established as an
independent non-profit capitalized with $20 billion of Federal
funds spread over a six-year period. The Accelerator is also
authorized to provide financial and technical support to state
and local green banks in the United States.
Section 33321 incorporates H.R. 5256, the ``Fostering and
Realizing Electrification by Encouraging Zero Emission
Refrigeration Trucks Act of 2019'' or the ``FREEZER Act of
2019''. This legislation requires EPA to establish a pilot
program to award grants for projects that replace an existing
diesel-powered transport refrigeration unit in a heavy-duty
vehicle with an electric unit. Grants may also be used to
purchase and install shore power infrastructure (infrastructure
that provides power to the vehicle when it is stationary) or
other equipment that enables transport refrigeration units to
connect to electric power at places where heavy-duty vehicles
congregate. Finally, grant funds may be used to operate and
maintain vehicles, infrastructure, or equipment relating to
electric transport refrigeration units and associated shore
power.
Sections 33501, 33502, and 33503 incorporates H.R. 7426,
the ``Ohio River Basin Preparedness Act''. This legislation
requires specified agencies to develop and implement an
interagency plan for assisting States, Indian Tribes, and
communities in the Ohio River Basin prepare for, and respond
to, the effects of climate change.
Sections 33601, 33602, and 33603 incorporate H.R. 7303, the
``Open Back Better Act of 2020''. This legislation authorizes
$20 billion over five years and $84 million per year over 10
years to help States, Tribes, and other entities upgrade public
building infrastructure (such as hospitals and schools) to
increase efficiency and resiliency. Funds will be administered
through three existing DOE programs and prioritize projects in
environmental justice and low-income communities.
Legislative History
On June 11, 2020, H.R. 2 was introduced by Representative
DeFazio and referred to the Committee on Transportation and
Infrastructure.
On July 1, 2020, H.R. 2 was considered in the House
pursuant to the provisions of H. Res. 1028 and the bill, as
amended, was passed by a recorded vote of 233 yeas to 188 nays
(Roll Call No. 138).
On July 20, 2020, H.R. 2 was received in the Senate.
No further action was taken on H.R. 2 in the 116th
Congress.
H.R. 2 contains provisions of the following bills: H.R.
7024, the Climate Smart Ports Act, introduced by Representative
Barragan (CA-44); H.R. 7304, the Climate Action Planning for
Ports Act of 2020, introduced by Representative Blunt
Rochester; H.R. 5416, the National Climate Bank Act, introduced
by Representative Dingell; H.R. 5256, the FREEZER Trucks Act of
2019, introduced by Representative Clarke; H.R. 7426, the Ohio
River Basin Preparedness Act, introduced by Representative Lamb
(PA-17); and H.R. 7303, the Open Back Better Act of 2020,
introduced by Representative Blunt Rochester.
Climate Action Now Act
H.R. 9
To direct the President to develop a plan for the United
States to meet its nationally determined contribution under the
Paris Agreement, and for other purposes.
Summary
The legislation prevents the President from withdrawing the
United States from the Paris Climate Agreement and requires him
to submit a plan for meeting our obligations under that accord.
Legislative History
On March 27, 2019, H.R. 9 was introduced by Representative
Castor and referred to the Committee on Foreign Affairs, and in
addition to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Environment and
Climate Change on March 28, 2019.
On April 4, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 9 and ordered the bill
reported favorably to the House, without amendment, by a
reported vote of 29 yeas and 19 nays.
On April 18, 2019, the Committee on Energy and Commerce
reported H.R. 9 to the House, without amendment (H. Rept. 116-
41, Part II) and placed on the Union Calendar (Calendar No.
21).
On May 2, 2019, the House considered H.R. 9 pursuant to the
provisions of H. Res. 329 and passed the bill, amended, by a
recorded vote of 231 yeas and 190 nays.
On May 6, 2019, H.R. 9 was received in the Senate, read the
first time, and placed on the Senate Legislative Calendar under
Read the First Time. On May 7, 2019, H.R. 9 was read a second
time and placed on the Senate Legislative Calendar Under
General Orders (Calendar No. 79).
No further action was taken on H.R. 9 in the 116th
Congress.
Responsible Disposal Reauthorization Act of 2019
H.R. 347
To extend the authorization of the Uranium Mill Tailings
Radiation Control Act of 1978 relating to the disposal site in
Mesa County, Colorado.
Summary
This legislation extends the closure of the Cheney waste
disposal cell in Grand Junction, Colorado from September 2023
to September 2031. The Cheney cell is the last waste disposal
site in the United States that processes uranium mill tailings,
a radioactive material that was once used in the construction
of homes, roads, parks and schools, making the Cheney disposal
site critically important for ongoing cleanup efforts.
Legislative History
On January 8, 2019, H.R. 347 was introduced by
Representative Tipton and referred to the Committee on Energy
and Commerce. On January 25, 2019, H.R. 347 was referred to the
Subcommittee on Environment and Climate Change.
On March 5, 2019, the House considered H.R. 347 under a
motion to suspend the Rules and passed the bill, without
amendment, by a voice vote.
On March 6, 2019, H.R. 347 was received in the Senate, read
twice, and referred to the Senate Committee on Energy and
Natural Resources.
On September 10, 2019, H.R. 347 was reported to the Senate
(S. Rept. 116-98) and placed on the Senate Legislative
Calendar.
No further action was taken on H.R. 347 in the 116th
Congress.
PFAS Action Act of 2019
H.R. 535
(H.R. 2608, H.R. 2596, H.R. 2377, H.R. 2533, H.R. 2605, H.R. 2591, H.R.
2566, H.R. 2638)
To require the Administrator of the Environmental
Protection Agency to designate per- and polyfluoroalkyl
substances as hazardous substances under CERCLA.
Summary
Section 3 incorporates H.R. 2608, the ``PFAS Testing Act of
2019.'' This legislation requires EPA to promulgate a test rule
requiring health effects testing for all PFAS. The section
allows the EPA Administrator to divide PFAS into subclasses
through the rulemaking process.
Section 4 incorporates H.R. 2596, the ``Protecting
Communities from New PFAS Act.'' This legislation enacts a
moratorium under TSCA on the approval of new PFAS for five
years, as well as a permanent bar on the introduction of new
PFAS into commerce under low volume exemptions.
Section 5 incorporates H.R. 2377, the ``Protect Drinking
Water from PFAS Act of 2019.'' This legislation ensures the
adoption of a drinking water standard under the Safe Drinking
Water Act (SDWA) for certain PFAS that protects the health of
vulnerable subpopulations, including pregnant women, infants,
and children.
Section 13 incorporates H.R. 2533, the ``Providing
Financial Assistance for Safe Drinking Water Act.'' This
legislation provides financial assistance under SDWA to water
utilities that must install new treatment technology to remove
PFAS from the water they provide.
Section 15 incorporates H.R. 2605, the ``Prevent Release of
Toxics Emissions, Contamination, and Transfer Act of 2019'' or
the ``PROTECT Act of 2019.'' This legislation requires the EPA
Administrator to issue a final rule within 180 days listing
PFAS as a hazardous air pollutant under the Clean Air Act. It
also requires the Administrator to identify source categories
for PFAS within one year.
Section 16 incorporates H.R. 2591, the ``PFAS Waste
Incineration Ban Act of 2019.'' This legislation amends the
Solid Waste Disposal Act (SWDA) to allow for incineration of
PFAS-containing wastes so long as that incineration is done at
an approved hazardous waste incinerator and meets emissions
standards (including those for hydrogen fluoride), while
minimizing PFAS air emissions to the extent feasible.
Section 17 incorporates H.R. 2566, a bill to require the
Administrator of the Environmental Protection Agency to revise
the Safer Choice Standard to provide for a Safer Choice label
for pots, pans, and cooking utensils that do not contain PFAS,
and for other purposes. This legislation requires the EPA
Administrator to establish a voluntary label to be available to
the manufacturers of pots, pans, and cooking utensils that do
not contain PFAS.
Section 18 incorporates H.R. 2638, a bill to direct the
Administrator of the Environment Protection Agency to issue
guidance on minimizing the use of firefighting foam containing
PFAS, and for other purposes. This legislation directs the EPA
Administrator to issue guidance for firefighters and other
first responders to minimize the use of foam and other
firefighting materials containing PFAS and to minimize their
health risk from PFAS exposure. As amended, this section
requires EPA to consult with the head of the U.S. Fire
Administration and other relevant Federal agencies in
developing the guidance.
Legislative History
On January 14, 2019, H.R. 535, the PFAS Action Act of 2019,
was introduced by Representative Dingell and referred to the
Committee on Energy and Commerce, in addition to the Committee
on Transportation and Infrastructure. H.R. 535 was referred to
the Subcommittee on Environment and Climate Change on January
25, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills intended to protect
Americans from PFAS contamination and exposure, including H.R.
535. The witnesses included Erik D. Olson, Health Program
Director, Natural Resources Defense Council; Jamie DeWitt,
Ph.D., DABT, Associate Professor, Department of Pharmacology &
Toxicology, Brody School of Medicine at East Carolina
University; Emily Marpe, Mother and Community Member,
Petersburgh, New York; Brian Steglitz, P.E., Manager, Water
Treatment Services, City of Ann Arbor; Tracy Mehan, Executive
Director, Government Affairs, American Water Works Association;
and Jane C. Luxton, Partner, Co-Chair of the Environmental and
Administrative Law Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in an open markup session to consider H.R.
535 and forwarded the bill to the Committee on Energy and
Commerce, without amendment, by a voice vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 535 and ordered the
bill reported favorably to the House, amended, by a recorded
vote of 31 yeas and 19 nays.
On January 2, 2020, the Committee on Energy and Commerce
reported H.R. 535 to the House, amended (H. Rept. 116-364), and
the bill was placed on the Union Calendar (Calendar No. 289).
On January 10, 2020, the House considered H.R. 535 pursuant
to the provisions of H. Res. 779 and passed the bill, amended,
by a reported vote of 247 yeas to 159 nays (Roll no. 13).
On January 13, 2020, H.R. 535 was received in the Senate,
read twice, and referred to the Committee on Environment and
Public Works.
No further action was taken on H.R. 535 in the 116th
Congress.
H.R. 535 included provisions of the following bills: H.R.
2608, the ``PFAS Testing Act of 2019,'' introduced by
Representative Sean Patrick Maloney (NY-18); H.R. 2596, the
``Protecting Communities from New PFAS Act,'' introduced by
Representative Kuster (NH-02); H.R. 2377, the ``Protect
Drinking Water from PFAS Act of 2019,'' introduced by
Representative Boyle (PA-02); H.R. 2533, the ``Providing
Financial Assistance for Safe Drinking Water Act,'' introduced
by Representative Pallone; H.R. 2605, the ``PROTECT Act of
2019,'' introduced by Representative Stevens (MI-11); H.R.
2591, the ``PFAS Waste Incineration Ban Act of 2019,''
introduced by Representative Khanna (CA-17); H.R. 2566, a bill
to require the Administrator of the Environmental Protection
Agency to revise the Safer Choice Standard to provide for a
Safer Choice label for pots, pans, and cooking utensils that do
not contain PFAS, and for other purposes, introduced by
Representative Soto (FL-09); and H.R. 2638, a bill to direct
the Administrator of the Environmental Protection Agency to
issue guidance on minimizing the use of firefighting foam
containing PFAS, and for other purposes, introduced by
Representative Fletcher (TX-07).
Alan Reinstein Ban Asbestos Now Act of 2019
H.R. 1603
To amend the Toxic Substances Control Act to prohibit the
manufacture, processing, and distribution in commerce of
asbestos and asbestos-containing mixtures and articles, and for
other purposes.
Summary
This legislation amends section 6 of the Toxic Substances
Control Act (15 U.S.C. 2605) to prohibit the manufacture,
processing, and distribution in commerce of asbestos and
asbestos-containing mixtures and articles within one year. It
establishes a limited national security exemption from the ban
and requires extensive reporting of any manufacture that occurs
pursuant to an exemption or before the ban takes effect. The
legislation also requires a study and report on the risks posed
by legacy asbestos.
Legislative History
On March 7, 2019, H.R. 1603 was introduced by
Representative Bonamici (OR-01) and referred to the Committee
on Energy and Commerce, and in addition to the Committee on
Education and Labor. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on March 8,
2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills intended to protect
Americans from PFAS contamination and exposure, including H.R.
1603. The witnesses included Erik D. Olson, Health Program
Director, Natural Resources Defense Council; Jamie DeWitt,
Ph.D., DABT, Associate Professor, Department of Pharmacology &
Toxicology, Brody School of Medicine at East Carolina
University; Emily Marpe, Mother and Community Member,
Petersburgh, New York; Brian Steglitz, P.E., Manager, Water
Treatment Services, City of Ann Arbor; Tracy Mehan, Executive
Director, Government Affairs, American Water Works Association;
and Jane C. Luxton, Partner, Co-Chair of the Environmental and
Administrative Law Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 1603
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 1603 and ordered
the bill reported favorably to the House, amended, by a
recorded vote of 47 yeas and 1 nay.
No further action was taken on H.R. 1603 in the 116th
Congress.
Providing Financial Assistance for Safe Drinking Water Act
H.R. 2533
To assist community water systems affected by PFAS
contamination, and for other purposes.
Summary
This legislation amends the Safe Drinking Water Act (42
U.S.C. 300) to require the EPA Administrator to establish,
within 180 days of enactment, a program to award grants to
PFAS-affected water systems to pay the capital costs associated
with treatment technologies that remove PFAS. The legislation
further directs the EPA Administrator to create a list of
eligible treatment technologies, defined as those that can
remove all detectable amounts of PFAS from drinking water.
Legislative History
On May 7, 2019, H.R. 2533 was introduced by Representative
Pallone and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Environment and Climate Change and the Subcommittee on Health
on May 8, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills intended to protect
Americans from PFAS contamination and exposure, including H.R.
2533. The witnesses included Erik D. Olson, Health Program
Director, Natural Resources Defense Council; Jamie DeWitt,
Ph.D., DABT, Associate Professor, Department of Pharmacology &
Toxicology, Brody School of Medicine at East Carolina
University; Emily Marpe, Mother and Community Member,
Petersburgh, New York; Brian Steglitz, P.E., Manager, Water
Treatment Services, City of Ann Arbor; Tracy Mehan, Executive
Director, Government Affairs, American Water Works Association;
and Jane C. Luxton, Partner, Co-Chair of the Environmental and
Administrative Law Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2533
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2533 in the 116th
Congress.
To Require the Administrator of the Environmental Protection Agency to
Revise the Safer Choice Standard to Provide for a Safer Choice Label
for Pots, Pans, and Cooking Utensils That Do Not Contain PFAS, and for
Other Purposes
H.R. 2566
To require the EPA Administrator to revise the Safer Choice
Standard to provide for a Safer Choice label for pots, pans,
and cooking utensils that do not contain PFAS, and for other
purposes.
Summary
This legislation would require the EPA Administrator to
revise the Safer Choice Standard to provide for a Safer Choice
label for pots, pans, and cooking utensils that do not contain
any PFAS.
Legislative History
On May 7, 2019, H.R. 2566 was introduced by Representative
Soto (FL-09) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 8, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills intended to protect
Americans from PFAS contamination and exposure, including H.R.
2566. The witnesses included Erik D. Olson, Health Program
Director, Natural Resources Defense Council; Jamie DeWitt,
Ph.D., DABT, Associate Professor, Department of Pharmacology &
Toxicology, Brody School of Medicine at East Carolina
University; Emily Marpe, Mother and Community Member,
Petersburgh, New York; Brian Steglitz, P.E., Manager, Water
Treatment Services, City of Ann Arbor; Tracy Mehan, Executive
Director, Government Affairs, American Water Works Association;
and Jane C. Luxton, Partner, Co-Chair of the Environmental and
Administrative Law Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2566
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2566 in the 116th
Congress.
PFAS User Fee Act of 2019
H.R. 2570
To ensure that polluters pay ongoing water treatment costs
associated with contamination from perfluoroalkyl and
polyfluoroalkyl substances, and for other purposes.
Summary
This legislation requires that producers of per- and
polyfluoroalkyl substances pay ongoing water treatment costs
associated with PFAS contamination.
Legislative History
On May 8, 2019, H.R. 2570 was introduced by Representative
Rouda (CA-48) and referred to the Committee on Energy and
Commerce, and in addition to the Committee on Transportation
and Infrastructure. That same day, H.R. 2570 was referred to
the Subcommittee on Environment and Climate Change.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills intended to protect
Americans from PFAS contamination and exposure, including H.R.
2570. The witnesses included Erik D. Olson, Health Program
Director, Natural Resources Defense Council; Jamie DeWitt,
Ph.D., DABT, Associate Professor, Department of Pharmacology &
Toxicology, Brody School of Medicine at East Carolina
University; Emily Marpe, Mother and Community Member,
Petersburgh, New York; Brian Steglitz, P.E., Manager, Water
Treatment Services, City of Ann Arbor; Tracy Mehan, Executive
Director, Government Affairs, American Water Works Association;
and Jane C. Luxton, Partner, Co-Chair of the Environmental and
Administrative Law Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2570
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2570 in the 116th
Congress.
PFAS Right-To-Know Act
H.R. 2577
To amend the Emergency Planning and Community Right-To-Know
Act of 1986 to include per- and polyfluoroalkyl substances on
the Toxics Release Inventory, and for other purposes.
Summary
This legislation amends section 313 of the Emergency
Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11023) to include per- and polyfluoroalkyl substances, as a
class, on the Toxics Release Inventory.
Legislative History
On May 8, 2019, H.R. 2577 was introduced by Representative
Delgado and referred to the Committee on Energy and Commerce.
On May 9, 2019, the bill was subsequently referred to the
Subcommittee on Environment and Climate Change.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills intended to protect
Americans from PFAS contamination and exposure, including H.R.
2577. The witnesses included Erik D. Olson, Health Program
Director, Natural Resources Defense Council; Jamie DeWitt,
Ph.D., DABT, Associate Professor, Department of Pharmacology &
Toxicology, Brody School of Medicine at East Carolina
University; Emily Marpe, Mother and Community Member,
Petersburgh, New York; Brian Steglitz, P.E., Manager, Water
Treatment Services, City of Ann Arbor; Tracy Mehan, Executive
Director, Government Affairs, American Water Works Association;
and Jane C. Luxton, Partner, Co-Chair of the Environmental and
Administrative Law Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2577
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2577 in the 116th
Congress.
PFAS Waste Incineration Ban Act of 2019
H.R. 2591
To prohibit the waste incineration of per- and
polyfluoroalkyl substances, and for other purposes.
Summary
This legislation amends section 5 of the Solid Waste
Disposal Act (42 U.S.C. 6924) to prohibit the disposal by waste
incineration of fire-fighting foam containing per- and
polyfluoroalkyl substances. The bill also requires the EPA
Administrator, no later than 12 months after enactment, to
promulgate regulations identifying additional wastes containing
PFAS for which a prohibition on incineration may be necessary
to protect human health.
Legislative History
On May 8, 2019, H.R. 2591 was introduced by Representative
Khanna (CA-17) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 9, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills intended to protect
Americans from PFAS contamination and exposure, including H.R.
2591. The witnesses included Erik D. Olson, Health Program
Director, Natural Resources Defense Council; Jamie DeWitt,
Ph.D., DABT, Associate Professor, Department of Pharmacology &
Toxicology, Brody School of Medicine at East Carolina
University; Emily Marpe, Mother and Community Member,
Petersburgh, New York; Brian Steglitz, P.E., Manager, Water
Treatment Services, City of Ann Arbor; Tracy Mehan, Executive
Director, Government Affairs, American Water Works Association;
and Jane C. Luxton, Partner, Co-Chair of the Environmental and
Administrative Law Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2591
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2591 in the 116th
Congress.
Protecting Communities From New PFAS Act
H.R. 2596
To amend the Toxic Substances Control Act with respect to
manufacturing and processing notices for per- and
polyfluoroalkyl substances, and for other purposes.
Summary
This legislation amends section 5 of TSCA (15 U.S.C. 2604)
such that any PFAS chemical substance for which a manufacturing
and processing notice is submitted shall be deemed by the EPA
Administrator to present an unreasonable risk of injury to
health or the environment.
Legislative History
On May 8, 2019, H.R. 2596 was introduced by Representative
Kuster and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Environment and Climate Change on May 9, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills, including H.R. 2596.
The witnesses included Erik D. Olson, Health Program Director,
Natural Resources Defense Council; Jamie DeWitt, Ph.D., DABT,
Associate Professor, Department of Pharmacology & Toxicology,
Brody School of Medicine at East Carolina University; Emily
Marpe, Mother and Community Member, Petersburgh, New York;
Brian Steglitz, P.E., Manager, Water Treatment Services, City
of Ann Arbor; Tracy Mehan, Executive Director, Government
Affairs, American Water Works Association; and Jane C. Luxton,
Partner, Co-Chair of the Environmental and Administrative Law
Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2596
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2596 in the 116th
Congress.
Toxic PFAS Control Act
H.R. 2600
To regulate per- and polyfluoroalkyl substances under the
Toxic Substances Control Act, and for other purposes.
Summary
This legislation amends section 6 of TSCA (15 U.S.C. 2605)
to require EPA to comprehensively regulate PFAS, through
prohibitions on manufacturing, waste disposal requirements, and
labeling.
Legislative History
On May 8, 2019, H.R. 2600 was introduced by Representative
Dean (PA-04) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 9, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills, including H.R. 2600.
The witnesses included Erik D. Olson, Health Program Director,
Natural Resources Defense Council; Jamie DeWitt, Ph.D., DABT,
Associate Professor, Department of Pharmacology & Toxicology,
Brody School of Medicine at East Carolina University; Emily
Marpe, Mother and Community Member, Petersburgh, New York;
Brian Steglitz, P.E., Manager, Water Treatment Services, City
of Ann Arbor; Tracy Mehan, Executive Director, Government
Affairs, American Water Works Association; and Jane C. Luxton,
Partner, Co-Chair of the Environmental and Administrative Law
Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2600
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2600 in the 116th
Congress.
Prevent Release of Toxics Emissions, Contamination, and Transfer Act of
2019
H.R. 2605
To direct the Administrator of the Environmental Protection
Agency to issue a final rule adding as a class all
perfluoroalkyl and polyfluoroalkyl substances to the list of
hazardous air pollutants under section 112(b) of the Clean Air
Act (42 U.S.C. 7412(b)), and for other purposes.
Summary
This legislation directs the EPA Administrator to issue a
final rule adding as a class all per- and polyfluoroalkyl
substances to the list of hazardous air pollutants under
section 112(b) of the Clean Air Act (42 U.S.C. 7412(b)).
Legislative History
On May 8, 2019, H.R. 2605 was introduced by Representative
Stevens and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Environment and Climate Change on May 9, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills, including H.R. 2605.
The witnesses included Erik D. Olson, Health Program Director,
Natural Resources Defense Council; Jamie DeWitt, Ph.D., DABT,
Associate Professor, Department of Pharmacology & Toxicology,
Brody School of Medicine at East Carolina University; Emily
Marpe, Mother and Community Member, Petersburgh, New York;
Brian Steglitz, P.E., Manager, Water Treatment Services, City
of Ann Arbor; Tracy Mehan, Executive Director, Government
Affairs, American Water Works Association; and Jane C. Luxton,
Partner, Co-Chair of the Environmental and Administrative Law
Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2605
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2605 in the 116th
Congress.
PFAS Testing Act of 2019
H.R. 2608
To require the testing of perfluoroalkyl and
polyfluoroalkyl substances under the Toxic Substances Control
Act, and for other purposes.
Summary
This legislation requires comprehensive health testing of
all PFAS under TSCA section 4 reporting from all manufacturers
and processors of PFAS on health, safety, and environmental
impacts.
Legislative History
On May 8, 2019, H.R. 2608 was introduced by Representative
Sean Patrick Maloney and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 9, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills, including H.R. 2608.
The witnesses included Erik D. Olson, Health Program Director,
Natural Resources Defense Council; Jamie DeWitt, Ph.D., DABT,
Associate Professor, Department of Pharmacology & Toxicology,
Brody School of Medicine at East Carolina University; Emily
Marpe, Mother and Community Member, Petersburgh, New York;
Brian Steglitz, P.E., Manager, Water Treatment Services, City
of Ann Arbor; Tracy Mehan, Executive Director, Government
Affairs, American Water Works Association; and Jane C. Luxton,
Partner, Co-Chair of the Environmental and Administrative Law
Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2608
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2608 in the 116th
Congress.
A Bill to Direct the Administrator of the Environmental Protection
Agency to Issue Guidance on Minimizing the Use of Firefighting Foam
Containing PFAS, and for Other Purposes
H.R. 2638
To direct the Administrator of the Environmental Protection
Agency to issue guidance on minimizing the use of firefighting
foam containing PFAS and for other purposes.
Summary
This legislation directs the EPA Administrator to issue
guidance for firefighters and other first responders to
minimize the use of foam and other firefighting materials
containing PFAS and to minimize their health risk from PFAS
exposure.
Legislative History
On May 9, 2019, H.R. 2638 was introduced by Representative
Fletcher and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Environment and Climate Change on May 10, 2019.
On May 15, 2019, the Subcommittee on Environment and
Climate Change held a hearing on 13 bills, including H.R. 2638.
The witnesses included Erik D. Olson, Health Program Director,
Natural Resources Defense Council; Jamie DeWitt, Ph.D., DABT,
Associate Professor, Department of Pharmacology & Toxicology,
Brody School of Medicine at East Carolina University; Emily
Marpe, Mother and Community Member, Petersburgh, New York;
Brian Steglitz, P.E., Manager, Water Treatment Services, City
of Ann Arbor; Tracy Mehan, Executive Director, Government
Affairs, American Water Works Association; and Jane C. Luxton,
Partner, Co-Chair of the Environmental and Administrative Law
Practice, Lewis Brisbois.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2638
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
No further action was taken on H.R. 2638 in the 116th
Congress.
Nuclear Waste Policy Amendments Act of 2019
H.R. 2699
To amend the Nuclear Waste Policy Act of 1982, and for
other purposes.
Summary
This legislation amends the Nuclear Waste Policy Act (NWPA)
to update the ability of the Department of Energy to manage
nuclear waste. The bill addresses the need for both interim
storage and long-term disposal of nuclear waste and spent
nuclear fuel (SNF). In the near term, the bill gives DOE
authority to site, construct, and operate one or more interim
storage sites that would consolidate SNF from decommissioned
reactors. One interim storage site would proceed
notwithstanding the Nuclear Regulatory Commission's (NRC)
ultimate decision on a permanent repository, and subsequent
interim storage sites could be licensed once NRC issues a final
repository decision. The program would also prioritize the
transfer of SNF from seismically active areas.
The bill would permit DOE to undertake ``infrastructure
activities'' intended to enable construction and operation of a
repository at Yucca Mountain in the State of Nevada, including
safety upgrades, site preparation, construction of a rail line,
and grid connection. That process would also allow the Federal
Government to enter into agreements to provide financial
benefits to State, local, and Tribal governments that may be
affected by storage and disposal of SNF. Additionally, H.R.
2699 establishes ratepayer protections by reforming the finance
mechanism of the Nuclear Waste Fund and assures that DOE has
adequate funding to construct and operate a repository.
Legislative History
On May 14, 2019, H.R. 2699 was introduced by Representative
McNerney and referred to the Committee on Energy and Commerce,
and in addition to the Committees on Natural Resources, Armed
Services, the Budget, and Rules. The bill was subsequently
referred to the Subcommittee on Environment and Climate Change
on May 15, 2019.
On June 13, 2019, the Subcommittee on Environment and
Climate Change held a hearing on three bills, including H.R.
2699. The witnesses included Maria G. Korsnick, President and
CEO, Nuclear Energy Institute; Geoffrey H. Fettus, Senior
Attorney, Nuclear, Climate, and Clean Energy Program, Natural
Resources Defense Council; Robert J. Halstead, Executive
Director, State of Nevada, Office of the Governor, Agency for
Nuclear Projects; Austin Keyser, Director, Political &
Legislative Affairs, International Brotherhood of Electrical
Workers; and Lake Barrett, Former Acting Director, Office of
Civilian Radioactive Waste Management, U.S. Department of
Energy.
On September 26, 2019, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2699
and forwarded the bill, without amendment, to the Committee on
Energy and Commerce, by a voice vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session and H.R. 2699 was ordered reported
favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 2699 in the 116th
Congress.
Spent Fuel Prioritization Act of 2019
H.R. 2995
To amend the Nuclear Waste Policy Act of 1982 to prioritize
the acceptance of high-level radioactive waste or spent nuclear
fuel from certain civilian nuclear power reactors, and for
other purposes.
Summary
The bill amends the NWPA to require the Secretary of Energy
to prioritize the removal of SNF from decommissioned nuclear
sites in areas with large populations and high seismic hazard.
Legislative History
On May 23, 2019, H.R. 2995 was introduced by Representative
Levin (CA-49) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 24, 2019.
On June 13, 2019, the Subcommittee on Environment and
Climate Change held a hearing on three bills, including H.R.
2995. The witnesses included Maria G. Korsnick, President and
CEO, Nuclear Energy Institute; Geoffrey H. Fettus, Senior
Attorney, Nuclear, Climate, and Clean Energy Program, Natural
Resources Defense Council; Robert J. Halstead, Executive
Director, State of Nevada, Office of the Governor, Agency for
Nuclear Projects; Austin Keyser, Director, Political &
Legislative Affairs, International Brotherhood of Electrical
Workers; and Lake Barrett, Former Acting Director, Office of
Civilian Radioactive Waste Management, U.S. Department of
Energy.
No further action was taken on H.R. 2995 in the 116th
Congress.
Renewable Fuel Standard Integrity Act of 2019
H.R. 3006
To impose an annual deadline of June 1 for small refineries
to submit petitions for exemptions from the renewable fuel
requirements under section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)) based on disproportionate economic hardship.
Summary
This legislation sets an annual deadline of June 1 for
small refineries to petition for exemption from the upcoming
year's blending requirements under the Renewable Fuel Standard.
H.R. 3006 also requires public disclosure of any information
included in petitions for exemption from the annual blending
requirements.
Legislative History
On May 23, 2019, H.R. 3006 was introduced by Representative
Peterson (CA-52) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 24, 2019.
On October 29, 2019, the Subcommittee on Environment and
Climate Change held a hearing on H.R. 3006. The witnesses
included Geoff Cooper, President and CEO, Renewable Fuels
Association; Gene Gebolys, President and CEO, World Energy;
Kelly Nieuwenhuis, President, Siouxland Energy Cooperative; and
Chet Thompson, President and CEO, American Fuel & Petrochemical
Manufacturers.
No further action was taken on H.R. 3006 in the 116th
Congress.
Storage and Transportation of Residual and Excess Nuclear Fuel Act of
2019
H.R. 3136
To direct the Secretary of Energy to establish a program
for the interim storage of high-level radioactive waste and
spent nuclear fuel, and for other purposes.
Summary
The bill directs the Secretary of Energy to establish an
interim storage program for high-level radioactive waste and
SNF. It would allow DOE to contract with private storage
facilities capable of storing such material, while requiring
the Secretary to prioritize the storage of high-level waste and
SNF generated by defense-related activities and decommissioned
civil nuclear reactors. The bill gives site preference to
facilities that are co-located with a repository. In order to
approve a final site, the bill requires the Secretary to enter
into a consent agreement with the State where the site would be
located, as well as local government officials and any affected
Indian Tribes.
Legislative History
On June 5, 2019, H.R. 3136 was introduced by Representative
Matsui and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Environment and Climate Change on June 6, 2019.
On June 13, 2019, the Subcommittee on Environment and
Climate Change held a hearing on three bills intended to ensure
safe storage and disposal of spent nuclear fuel, including H.R.
3136. The witnesses included Maria G. Korsnick, President and
CEO, Nuclear Energy Institute; Geoffrey H. Fettus, Senior
Attorney, Nuclear, Climate, and Clean Energy Program, Natural
Resources Defense Council; Robert J. Halstead, Executive
Director, State of Nevada, Office of the Governor, Agency for
Nuclear Projects; Austin Keyser, Director, Political &
Legislative Affairs, International Brotherhood of Electrical
Workers; and Lake Barrett, Former Acting Director, Office of
Civilian Radioactive Waste Management, U.S. Department of
Energy.
No further action was taken on H.R. 3136 in the 116th
Congress.
Clean Economy Jobs and Innovation Act
H.R. 4447 (H.R. 7024, H.R. 4143, H.R. 3006, H.R. 5434, H.R. 5256, H.R.
5416, H.R. 347, H.R. 4924, H.R. 7303, H.R. 4050)
To establish an energy storage and microgrid grant and
technical assistance program.
Summary
Section 3401 incorporates H.R. 7024, the ``Climate Smart
Ports Act''. This legislation requires EPA to establish a grant
program for purchasing or installing equipment and technology
that is used at a port and produces zero exhaust emissions of
certain pollutants and greenhouse gases, or captures 100
percent of the exhaust emissions produced by an ocean-going
vessel at berth.
Sections 3501 and 3601 incorporate portions of H.R. 4143,
the ``Super Pollutants Act of 2019''. Section 3501 establishes
an interagency task force to create an action plan to reduce
super pollutants based on policy recommendations provided by
the Intergovernmental Panel on Climate Change, U.S. Climate
Alliance, and other relevant agencies. Section 3601 directs
EPA, DOE, and other relevant agencies to develop a
comprehensive plan to reduce black carbon emissions from the
international shipping industry through its membership in the
International Maritime Organization (IMO), including binding
limits on black carbon as part of the Polar Code.
Sections 6401 and 6402 incorporate H.R. 3006, the
``Renewable Fuel Standard Integrity Act of 2019''. This
legislation sets an annual deadline of June 1 for small
refineries to petition EPA for exemption from the upcoming
year's Renewable Fuel Standard blending requirements. H.R. 3006
also requires public disclosure of any information included in
petitions for exemption from the annual blending requirements.
Section 6601 incorporates an updated version of H.R. 5434,
the ``Recognizing the Protection of Motorsports (RPM) Act of
2019''. This legislation clarifies that motor vehicles that are
no longer legal for operation on a street or highway can be
modified into vehicles used solely for competition and not
driven on public roads.
Section 6701 incorporates H.R. 5256, the ``Fostering and
Realizing Electrification by Encouraging Zero Emission
Refrigeration Trucks Act of 2019'' or the ``FREEZER Act of
2019''. This legislation requires EPA to establish a pilot
program to award grants for projects that replace an existing
diesel-powered transport refrigeration unit in a heavy-duty
vehicle with an electric unit. Grants may also be used to
purchase and install shore power infrastructure (infrastructure
that provides power to the vehicle when it is stationary) or
other equipment that enables transport refrigeration units to
connect to electric power at places where heavy-duty vehicles
congregate. Finally, grant funds may be used to operate and
maintain vehicles, infrastructure, or equipment relating to
electric transport refrigeration units and associated shore
power.
Section 12401 incorporates H.R. 5416, the ``National
Climate Bank Act''. The updated version of this legislation
establishes a Clean Energy and Sustainability Accelerator to
bolster and expand a robust clean energy workforce, deploy
emissions reduction technologies, and invest in low-carbon
infrastructure projects. The Accelerator is established as an
independent non-profit capitalized with $20 billion of Federal
funds spread over a six-year period. The Accelerator is also
authorized to provide financial and technical support to State
and local green banks in the United States.
Section 12601 incorporates H.R. 347, the ``Responsible
Disposal Reauthorization Act of 2019''. This legislation
extends through fiscal year 2031 the authorization for DOE to
operate the Cheney disposal cell in Mesa County, Colorado. The
disposal cell serves as a repository for mill tailings, which
is sandy waste that results from the process of turning natural
uranium into fuel.
Section 12605 incorporates H.R. 4924, the ``Smoke Planning
and Research Act of 2019''. This legislation requires EPA to
research and mitigate the effects of smoke emissions from
wildland fires. Specifically, EPA must establish four Centers
of Excellence for Wildfire Smoke at institutions of higher
education, and a grant program to support community mitigation
efforts.
Sections 12701 and 12702 incorporate H.R. 7303, the ``Open
Back Better Act of 2020''. This legislation authorizes $20
billion over five years and $84 million per year over 10 years
to help States, Tribes, and other entities upgrade public
building infrastructure to increase efficiency and resiliency.
Funds will be administered through three existing DOE programs
and will prioritize projects in environmental justice and low-
income communities.
Sections 12801, 12802, 12803, 12804, 12805, and 12806
incorporate H.R. 4050, the ``Zeroing Excess, Reducing Organic
Waste, and Sustaining Technical Expertise Act'' or the ``ZERO
WASTE Act''. This legislation directs the EPA Administrator to
establish and carry out a program to award grants, on a
competitive basis, to eligible entities for projects that are
consistent with zero-waste practices. Funds may be used for
projects that improve organics recycling infrastructure,
electronic waste reuse and recycling, education and outreach,
and other forms of waste reduction.
Legislative History
On September 20, 2019, H.R. 4447 was introduced by
Representative O'Halleran and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Science, Space, and Technology. The bill was then referred to
the Subcommittee on Energy on September 23, 2019.
On February 12, 2020, the Subcommittee on Energy held a
hearing on six bills intended to improve energy efficiency and
storage, including H.R. 4447. The witnesses included the
Honorable Mark W. Menezes, Under Secretary of Energy, U.S.
Department of Energy; Kelly Speakes-Backman, Chief Executive
Officer, Energy Storage Association; Bryan Howard, Legislative
Director, U.S. Green Building Council; Julie Hiromoto,
Principal, HKS, Inc., on behalf of the American Institute of
Architects; Lowell Ungar, Senior Policy Advisor, American
Council for an Energy-Efficient Economy; Arn McIntyre,
President, McIntyre Builders Inc., on behalf of the National
Association of Home Builders; and Jennifer Schafer, Executive
Director, Federal Performance Contracting Coalition.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 4447, and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 15, 2020, the Committee on Energy and Commerce
reported H.R. 4447 to the House, as amended (H. Rept. 116-504)
and the bill was placed on the Union Calendar (Calendar No.
404).
On September 24, 2020, the House considered an amended
version of H.R. 4447, pursuant to the provisions of H. Res.
1129, that included additional provisions from the following
bills referred to the Committee on Energy and Commerce: H.R.
7024, the Climate Smart Ports Act, introduced by Representative
Barragan; H.R. 4143, the Super Pollutants Act of 2019,
introduced by Representative Peters; H.R. 3006, the Renewable
Fuel Standard Integrity Act of 2019, introduced by
Representative Peterson (MN-07); H.R. 5434, the RPM Act of
2019, introduced by Representative McHenry (NC-10); H.R. 5256,
the FREEZER Trucks Act of 2019, introduced by Representative
Clarke; H.R. 5416, the National Climate Bank Act, introduced by
Representative Dingell; H.R. 347, the Responsible Disposal
Reauthorization Act of 2019, introduced by Representative
Tipton; H.R. 4924, the Smoke Planning and Research Act of 2019,
introduced by Representative Eshoo; H.R. 7303, the Open Back
Better Act of 2020, introduced by Representative Blunt
Rochester; and H.R. 4050, the ZERO WASTE Act, introduced by
Representative Omar (MN-05).
On September 24, 2020, the House passed H.R. 4447, as
amended, by a recorded vote of 220 yeas and 185 nays (Roll Call
No. 206).
On October 19, 2020, H.R. 4447 was received in the Senate,
read twice, and referred to the Committee on Energy and Natural
Resources.
No further action was taken on H.R. 4447 in the 116th
Congress.
The Heroes Act
H.R. 6800 (H.R. 6692)
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
Section 190702 incorporates H.R. 6692, a bill to require
the Administrator of the Environmental Protection Agency to
continue to carry out certain programs relating to
environmental justice, and for other purposes. This legislation
reauthorizes through fiscal year 2020 the Environmental Justice
Small Grants Program, as well as the Environmental Justice
Collaborative Problem-Solving Cooperative Agreement Program,
which provides financial assistance to address local
environmental or public health issues. It also reauthorizes the
Community Action for a Renewed Environment grant program, which
assists communities address multiple sources of toxic
pollutants.
Legislative History
On May 12, 2020, H.R. 6800 was introduced by Representative
Lowey and referred to the Committee on Appropriations, in
addition to the Committees on the Budget and Ways and Means.
On May 15, 2020, the House considered H.R. 6800 pursuant to
the provisions of H. Res. 967 and passed H.R. 6800 by a
recorded vote of 208 yeas and 199 nays (Roll Call No. 109). On
May 20, 2020, H.R. 6800 was received by the Senate and read the
first time. On May 21, 2020, the bill was placed on the Senate
Legislative Calendar under Read the First Time. On June 1,
2020, H.R. 6800 was read a second time and placed on the Senate
Calendar under General Orders (Calendar No. 455). On June 23,
2020, the Senate referred the bill to the Senate Committee on
Small Business and Entrepreneurship. No further action was
taken on H.R. 6800 in the 116th Congress.
On May 1, 2020, H.R. 6692, a bill to require the
Administrator of the Environmental Protection Agency to
continue to carry out certain programs relating to
environmental justice, and for other purposes, was introduced
by Representative Ruiz and referred to the Committee on Energy
and Commerce, and in addition to the Committee on Natural
Resources. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 4, 2020.
Provisions of H.R. 6692 were incorporated into H.R. 6800.
No further action was taken on H.R. 6692 in the 116th Congress.
OVERSIGHT ACTIVITIES
Time for Action: Addressing the Environmental and Economic Effects of
Climate Change
On February 6, 2019, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Time for Action:
Addressing the Environmental and Economic Effects of Climate
Change.'' The purpose of this hearing was to examine how
climate change is affecting our communities, environment, and
economy. The witnesses included Brenda Ekwurzel, Ph.D.,
Director of Climate Science, Union of Concerned Scientists; Leo
Woodberry, Reverend, Justice First Tour, Kingdom Living Temple
Church; Michael Williams, Deputy Director, BlueGreen Alliance;
Rick Duke, Principal, Gigaton Strategies; Barry K. Worthington,
Executive Director, U.S. Energy Association; and Rich Powell,
Executive Director, ClearPath.
We'll Always Have Paris: Filling the Leadership Void Caused by Federal
Inaction on Climate Change
On February 28, 2019, the Subcommittee on Environment and
Climate Change held a hearing entitled ``We'll Always Have
Paris: Filling the Leadership Void Caused by Federal Inaction
on Climate Change.'' The purpose of this hearing was to examine
the importance of the commitment of the United States to the
Paris Agreement, how subnational actors organized to address
the threat of climate change in the absence of Federal
leadership, and the need for the United States Government to
reengage with international climate agreements. The witnesses
included Andrew Light, Distinguished Senior Fellow, World
Resource Institute, University Professor, George Mason
University; Carla Frisch, Principal, Rocky Mountain Institute;
Nathan Hultman, Director, Center for Global Sustainability,
Associate Professor, University of Maryland School of Public
Policy; and Samuel Thernstrom, CEO, Energy Innovation Reform
Project.
Mismanaging Chemical Risks: EPA'S Failure to Protect Workers
On March 13, 2019, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Mismanaging Chemical
Risks: EPA's Failure to Protect Workers.'' The purpose of this
hearing was to discuss how the Environmental Protection Agency
is systemically ignoring risks to workers from toxic chemical
exposures in its implementation of the Frank R. Lautenberg
Chemical Safety Act and other authorities. The witnesses
included Adam M. Finkel, Sc.D., CIH, Clinical Professor of
Environmental Health Sciences, University of Michigan School of
Public Health; Wendy Hutchinson, on behalf of the Baltimore
Teachers Union and the American Federation of Teachers; Patrick
Morrison, Assistant to the General President for Health,
Safety, and Medicine, International Association of
Firefighters; Jeaneen McGinnis, Benefits Representative, United
Auto Workers; Mark Duvall, Principal, Beveridge & Diamond PC;
Giev Kashkooli, Vice President, United Farm Workers; and Tom
Grumbles, CIH, FAIHA, Past President, American Industrial
Hygiene Association and the Product Stewardship Society.
Lessons From Across the Nation: State and Local Action to Combat
Climate Change
On April 2, 2019, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Lessons From Across
the Nation: State and local Action to Combat Climate Change.''
The purpose of this hearing was to discuss how State and local
leaders are responding to the climate crisis in the wake of
President Trump's intent to withdraw from the Paris Climate
Agreement. The witnesses included the Honorable Jay Inslee,
Governor, State of Washington; the Honorable Steve Benjamin,
Mayor, City of Columbia, South Carolina; the Honorable Jackie
Biskupski, Mayor, City of Salt Lake City, Utah; the Honorable
James Brainard, Mayor, City of Carmel, Indiana; the Honorable
Daniel C. Camp III, Chairman, Beaver County Board of
Commissioners, Beaver County, Pennsylvania; and the Honorable
Jerry F. Morales, Mayor, City of Midland, Texas.
The Fiscal Year 2020 EPA Budget
On April 9, 2019, the Subcommittee on Environment and
Climate Change held a hearing entitled ``The Fiscal Year 2020
EPA Budget.'' The purpose of this hearing was to review the
Environmental Protection Agency's FY 2020 budget. The witness
for this hearing was the Honorable Andrew Wheeler,
Administrator, U.S. Environmental Protection Agency.
Driving in Reverse: The Administration's Rollback of Fuel Economy and
Clean Car Standards
On June 20, 2019, the Subcommittee on Environment and
Climate Change and the Subcommittee on Consumer Protection and
Commerce held a joint hearing entitled ``Driving in Reverse:
The Administration's Rollback of Fuel Economy and Clean Car
Standards.'' The purpose of this hearing was to examine the
Trump administration's efforts to roll back Corporate Average
Fuel Economy (CAFE) standards and greenhouse gas tailpipe
emission standards for light duty cars and trucks. the
witnesses included The Honorable William L. Wehrum, Assistant
Administrator, Office of Air and Radiation, U.S. Environmental
Protection Agency; Heidi King, Deputy Administrator, National
Highway Traffic Safety Administration, U.S. Department of
Transportation; The Honorable Mary D. Nichols, Chair,
California Air Resources Board; David Friedman, Vice President,
Advocacy, Consumer Reports; Ramzi Y. Hermiz, President and
Chief Executive Officer, Shiloh Industries, Inc.; Josh Nassar,
Legislative Director, United Auto Workers; The Honorable
Shoshana M. Lew, Executive Director, Colorado Department of
Transportation; The Honorable Jeff Landry, Attorney General,
State of Louisiana; David Schwietert, Interim Chief Executive
Officer, Alliance of Automobile Manufacturers; and Nick Loris,
Deputy Director of the Thomas A. Roe Institute for Economic
Policy Studies, Herbert and Joyce Morgan Fellow in Energy and
Environmental Policy, Heritage Foundation.
Building America's Clean Future: Pathways to Decarbonize the Economy
On July 24, 2019, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Building America's
Clean Future: Pathways to Decarbonize the Economy.'' The
purpose of this hearing was to examine the challenges and
opportunities associated with deep decarbonization of the
United States economy. The witnesses included Karl Hausker,
Senior Fellow, Climate Program, World Resources Institute;
Rachel Cleetus, Policy Director, Climate and Energy Program,
Union of Concerned Scientists; Armond Cohen, Executive
Director, Clean Air Task Force; and Shannon Angielski,
Executive Director, Carbon Utilization Research Council.
Building a 100 Percent Clean Economy: Pathways to Net Zero Industrial
Emissions
On September 18, 2019, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Building a 100 Percent
Clean Economy: Pathways to Net Zero Industrial Emissions.'' The
purpose of this hearing was to examine the challenges and
opportunities associated with reducing greenhouse gas emissions
from the U.S. industrial sector. The witnesses included Julio
Friedmann, Ph.D., Senior Research Scholar, Columbia University
Center on Global Energy Policy; Jason Walsh, Executive
Director, BlueGreen Alliance; Gaurav Sant, Ph.D., Professor and
Henry Samueli Fellow, UCLA Samueli School of Engineering; Bob
Perciasepe, President, Center for Climate and Energy Solutions;
Jeremy Gregory, Ph.D., Executive Director, MIT Concrete
Sustainability Hub, on behalf of Portland Cement Association;
and Ross E. Eisenberg, Vice President, Energy and Resources
Policy, National Association of Manufacturers.
Building a 100 Percent Clean Economy: Solutions for Planes, Trains, and
Everything Beyond Automobiles
On October 23, 2019, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Building a 100 Percent
Clean Economy: Solutions for Planes, Trains, and Everything
Beyond Automobiles.'' The purpose of this hearing was to
examine the challenges and opportunities associated with
decarbonizing the U.S. transportation sector, with an emphasis
on medium- and heavy-duty trucks, buses, ships, aircraft, and
rail. The witnesses included Jeremy Baines, President, Neste
US, Inc.; Emily Wimberger, Climate Economist, Rhodium Group;
Wayne Eckerle, Vice President, Research and Technology,
Cummins, Inc.; Adrian Martinez, Staff Attorney, Earthjustice;
Fred Felleman, Commissioner, Port of Seattle and the Northwest
Seaport Alliance; Timothy A. Blubaugh, Executive Vice
President, Truck & Engine Manufacturers Association; and J.P.
Fjeld-Hansen, Managing Director and Vice President, Musket
Corporation, on behalf of the National Association of Truckstop
Operators.
Building a 100 Percent Clean Economy: The Challenges Facing Frontline
Communities
On November 20, 2019, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Building a 100 Percent
Clean Economy: The Challenges Facing Frontline Communities.''
The purpose of this hearing was to examine the disparate burden
of legacy toxic exposures on environmental justice communities
and how the effects of climate change and extreme weather
exacerbate that disparate burden. The witnesses included
Alfredo Gomez, Director, Natural Resources and Environment,
U.S. Government Accountability Office; Lilian Sotolongo Dorka,
Esq., Director, External Civil Rights Compliance Office, U.S.
Environmental Protection Agency; Helena Wooden-Aguilar, Deputy
Associate Administrator, Office of Policy, U.S. EPA; Mustafa
Santiago Ali, Vice President, Environmental Justice, Climate
and Community Revitalization, National Advocacy Center at the
National Wildlife Federation; Melissa Cribbins, Commissioner,
Coos County Board of Commissioners, on behalf of the National
Association of Counties; Patrick B. Ford, Executive Director,
Lebanon/Marion County Industrial Foundation; Elsie Herring,
Duplin County, North Carolina, Resident and Organizer, North
Carolina Environmental Justice Network; Sharon Lavigne, Founder
and President, RISE St. James; and Ruth Santiago, J.D., LL.M.,
Attorney, Comite Dialogo Ambiental de Salinas.
Building a 100 Percent Clean Economy: Solutions for Economy Wide Deep
Decarbonization
On December 5, 2019, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Building a 100 Percent
Clean Economy: Solutions for Economy-Wide Deep
Decarbonization.'' The purpose of this hearing was to examine
and consider economy-wide measures to address climate change in
the United States. The witnesses included Tim Profeta,
Director, Nicholas Institute for Environmental Policy
Solutions, Duke University; Noah Kaufman, Research Scholar,
Center on Global Energy Policy, Columbia University; Daniel C.
Esty, Director, Center for Environmental Law and Policy,
Hillhouse Professor of Environmental Law and Policy, Yale
University; and David K. Gattie, Ph.D., Associate Professor,
College of Engineering, University of Georgia.
Out of Control: The Impact of Wildfires on Our Power Sector and the
Environment
On January 28, 2020, the Subcommittee on Energy and the
Subcommittee on Environment and Climate Change held a hearing
entitled ``Out of Control: The Impact of Wildfires on our Power
Sector and the Environment.'' The purpose of this hearing was
to assess the environmental impacts of wildfires and examine
the energy and infrastructure needs and upgrades necessary to
prevent future wildfires and ensure reliable electricity
delivery. The witnesses included William Johnson, CEO and
President, PG&E Corporation; John MacWilliams, Senior Fellow,
Center on Global Energy Policy, Columbia University; Anthony S.
Davis, Ph.D., Interim Dean, College of Forestry, Oregon State
University; Brandon M. Collins, Ph.D., Research Scientist, the
Center for Fire Research and Outreach, Berkeley Forests,
University of California, Berkeley; and David Markham,
President and CEO, Central Electric Cooperative, Inc.
EPA's Lead and Copper Rule Proposal: Falling Short of Protecting Public
Health
On February 11, 2020, the Subcommittee on Environment and
Climate Change held a hearing entitled ``EPA's Lead and Copper
Rule Proposal: Falling Short of Protecting Public Health.'' The
purpose of this hearing was to examine delays and issues in
EPA's ongoing efforts to revise the drinking water standard for
lead and copper, including the proposed rule published November
13, 2019. The witnesses included Kim Gaddy, Environmental
Justice Organizer, Clean Water Action of New Jersey; Mona
Hanna-Attisha, M.D., M.P.H., F.A.A.P., Director, Pediatric
Public Health Initiative, C.S. Mott Endowed Professor of Public
Health, Division of Public Health, Associate Professor,
Department of Pediatrics and Human Development, Michigan State
University College of Human Medicine; Angela Licata, Deputy
Commissioner, New York City Department of Environmental
Protection, on behalf of the Association of Metropolitan Water;
Cathy Tucker-Vogel, Public Water Supply Section Chief, Kansas
Department of Health & Environment, on behalf of the
Association of State Drinking Water Administrators; Mae Wu,
Senior Director, Health & Food, Senior Attorney, Healthy People
& Thriving Communities Program, Natural Resources Defense
Council; Steve Estes-Smargiassi, Director of Planning and
Sustainability, Massachusetts Water Resources Authority, on
behalf of the American Water Works Association; and the
Honorable Cindy R. Bobbitt, Commissioner, Grant County,
Oklahoma, on behalf of the National Association of Counties.
The Fiscal Year 2021 EPA Budget
On February 27, 2020, the Subcommittee on Environment and
Climate Change held a hearing entitled ``The Fiscal Year 2021
EPA Budget.'' The purpose of this hearing was to examine the
proposed EPA Budget for Fiscal Year 2021. The witnesses
included the Honorable Andrew Wheeler, Administrator, U.S.
Environmental Protection Agency.
Reduce, Reuse, Recycle, Reform: Addressing America's Plastic Waste
Crisis
On March 4, 2020, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Reduce, Reuse,
Recycle, Reform: Addressing America's Plastic Waste Crisis.''
The purpose of this hearing was to examine issues related to
recycling and waste management in the United States, including
effects on climate and the environment. The witnesses included
Jenna Jambeck, Ph.D., Professor, College of Engineering,
University of Georgia; Enrique C. Zaldivar, P.E., General
Manager, Los Angeles Sanitation and Environment Bureau, City of
Los Angeles; Lynn Hoffman, Co-President, Eureka Recycling;
Denise Patel, U.S. Program Director, Global Alliance for
Incinerator Alternatives; Keith Christman, Managing Director,
Plastic Markets, American Chemistry Council; and William H.
Johnson, Chief Lobbyist, Institute of Scrap Recycling
Industries, Inc.
Pollution and Pandemics: COVID-19's Disproportionate Impact on
Environmental Justice Communities
On June 9, 2020, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Pollution and
Pandemics: COVID-19's Disproportionate Impact on Environmental
Justice Communities.'' The purpose of this hearing was to
examine the relationship between disproportionate exposures to
environmental pollution and disproportionate effects of the
2019 coronavirus (COVID-19) pandemic. The witnesses included
Mustafa Santiago Ali, Vice President, Environmental Justice,
Climate, and Community Revitalization, National Advocacy Center
at the National Wildlife Federation; Jacqueline Patterson,
Senior Director, Environmental at Climate Justice Program,
National Association for the Advancement of Colored People
(NAACP); and Shay Hawkins, President, Opportunity Funds
Association.
There's Something in the Water: Reforming Our Nation's Drinking Water
Standards
On July 28, 2020, the Subcommittee on Environment and
Climate Change held a hearing entitled ``There's Something in
the Water: Reforming Our Nation's Drinking Water Standards.''
The purpose of this hearing was to examine the role statutory
limits have played in delaying the setting of needed drinking
water standards under section 1412(b) of the Safe Drinking
Water Act. The witnesses included Shellie Chard, Director,
Water Quality Division, Oklahoma Department of Environmental
Quality, on behalf of the Association of State Drinking Water
Administrators; Diane VanDe Hei, Chief Executive Officer,
Association of Metropolitan Water Agencies; and Mae Wu, Senior
Director, Health and Food, Healthy People and Thriving
Communities Program, Natural Resources Defense Council.
Building a 100 Percent Clean Economy: Opportunities for an Equitable,
Low Carbon Recovery
On September 16, 2020, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Building a 100 Percent
Clean Economy: Opportunities for an Equitable, Low-Carbon
Recovery.'' The purpose of this hearing was to examine the
importance of enabling an economic recovery that benefits all
Americans and sets the United States on the path to a low-
carbon future. The witnesses included Lonnie R. Stephenson,
International President, International Brotherhood of
Electrical Workers; Devashree Saha, Ph.D., Senior Associate,
World Resources Institute; Denise Fairchild, Ph.D., President
and Chief Executive Officer, Emerald Cities Collaborative; and
Michelle Michot Foss, Ph.D., Fellow in Energy & Minerals, Baker
Institute for Public Policy, Center for Energy Studies, Rice
University.
Subcommittee on Health
LEGISLATIVE ACTIVITIES
Medicaid Extenders Act of 2019
PUBLIC LAW 116-3 (H.R. 259)
To extend the Medicaid Money Follows the Person Rebalancing
demonstration, to extend protection for Medicaid recipients of
home and community-based services against spousal
impoverishment, and for other purposes.
Summary
This legislation provides additional funds for the Money
Follows the Person Rebalancing demonstration, extends spousal
impoverishment protections for partners of recipients of
Medicaid home and community-based services (HCBS) through March
31, 2019, reduces the Federal medical assistance percentage
(FMAP) for States that fail to implement an asset verification
system, and reduces the size of the Medicaid improvement fund.
Legislative History
On January 4, 2019, H.R. 259 was introduced by
Representative Pallone, and referred to the Committee on Energy
and Commerce, and in addition to the Committee on the Budget.
On January 8, 2019, the House considered H.R. 259 under a
motion to suspend the Rules and passed the bill by a voice
vote.
On January 9, 2019, H.R. 259 was received by the Senate,
read twice, and passed without amendment by a voice vote.
On January 23, 2019, H.R. 259 was presented to the
President and the President signed H.R. 259 into law on January
24, 2019 (Public Law 116-3).
Medicaid Services Investment and Accountability Act of 2019
PUBLIC LAW 116-16 (H.R. 1839)
To amend title XIX to extend protection for Medicaid
recipients of home and community-based services against spousal
impoverishment, establish a State Medicaid option to provide
coordinated care to children with complex medical conditions
through health homes, prevent the misclassification of drugs
for purposes of the Medicaid drug rebate program, and for other
purposes.
Summary
This legislation extends spousal impoverishment protections
for partners of HCBS recipients through September 30, 2019. It
provides additional funding for the Money Follows the Person
rebalancing demonstration and extends the Community Mental
Health Services Demonstration Program. It authorizes a new
Medicaid State plan option to provide coordinated care for
children with complex medical conditions and provides the
Centers for Medicare & Medicaid Services (CMS) with additional
enforcement authorities to ensure that drug manufacturers are
complying with the requirements of the Medicaid Drug Rebate
Program.
Legislative History
On March 21, 2019, H.R. 1839 was introduced by
Representative Ruiz, and referred to the Committee on Energy
and Commerce. It was subsequently referred to the Subcommittee
on Health on March 22, 2019.
On March 25, 2019, the House considered H.R. 1839 under a
motion to suspend the Rules and passed the bill by a voice
vote.
On March 26, 2019, H.R. 1839 was received by the Senate and
read twice. On April 2, 2019, the Senate passed H.R. 1839,
without amendment, by a voice vote.
On April 10, 2019, H.R. 1839 was presented to the President
and the President signed H.R. 1839 into law on April 18, 2019
(Public Law 116-16).
Sustaining Excellence in Medicaid Act of 2019
PUBLIC LAW 116-39 (H.R. 3253, H.R. 2822)
To provide for certain extensions with respect to the
Medicaid program under title XIX of the Social Security Act,
and for other purposes.
Summary
This legislation extends the authorization for the Medicaid
Community Mental Health Demonstration Program through September
13, 2019. It extends protections against spousal impoverishment
for partners of HCBS recipients through December 31, 2019,
increases funding for the Money Follows the Person Rebalancing
demonstration, permanently extends authorization for Family-to-
Family Health Information Centers, and amends how Medicare pays
for certain drugs.
Legislative History
On June 13, 2019, H.R. 3253 was introduced by
Representative Dingell, and referred to the Committee on Energy
and Commerce.
On June 18, 2019, the House considered H.R. 3253 under a
motion to suspend the Rules and passed the bill by a recorded
vote of 371 yeas to 46 nays (Roll Call No. 333).
On June 19, 2019, H.R. 3253 was received by the Senate and
read twice. On July 25, 2019, the Senate passed H.R. 3253,
amended, by a voice vote. On July 30, 2019, the House passed
the Senate amendment to the H.R. 3253 by unanimous consent.
On August 1, 2019, H.R. 3253 was presented to the President
and the President signed H.R. 3253 into law on August 6, 2019
(Public Law 116-39).
On May 17, 2019, H.R. 2822, the ``Family-to-Family
Reauthorization Act'', was introduced by Representative
Sherrill and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Health on May 20, 2019.
On June 6, 2019, the Subcommittee on Health held a hearing
on twelve bills, including H.R. 2822. The witnesses included
Dean Germano, Chief Executive Officer, Shasta Community Health
Center; Diana Autin, Executive Co-Director, SPAN Parent
Advocacy Network; Aaron Kowalski, President and Chief Executive
Officer, JDRF; Lisa Cooper, Professor of Medicine, Johns
Hopkins University School of Medicine; Thomas Barker, Partner,
Co-Chair, Healthcare Practice, Foley Hoag; Mary-Catherine
Bohan, Vice President of Outpatient Services, Rutgers
University Behavioral Health Care; Michael Waldrum, Chief
Executive Officer, Vidant Health; and Fred Riccardi, President,
Medicare Rights Center.
No further action was taken on H.R. 2822 in the 116th
Congress. The provisions of H.R. 2822 were included in H.R.
3253.
Emergency Medical Services for Children Program Reauthorization Act of
2019
PUBLIC LAW 116-49 (H.R. 776)
To amend the Public Health Service Act to reauthorize the
Emergency Medical Services for Children program.
Summary
This legislation reauthorizes the Emergency Medical
Services for Children program at $22.334 million each year for
fiscal years 2020 through 2024.
Legislative History
On January 24, 2019, H.R. 776 was introduced by
Representative King (NY-02) and referred to the Committee on
Energy and Commerce. It was subsequently referred to the
Subcommittee on Health on January 25, 2019.
On June 25, 2019, the Subcommittee on Health held a
legislative hearing on four bills, including H.R. 776. The
witnesses included Amy Hewitt, Ph.D., Director, Institute on
Community Integration, University of Minnesota; Joseph
Bocchini, M.D., Professor, Department of Pediatrics, Louisiana
State University Health, Shreveport; Patricia Kunz Howard,
Ph.D., RN, President, Emergency Nurses Association, Director,
Emergency Services, University of Kentucky Healthcare; and Jill
Kagan, Director, ARCH National Respite Network and Resource
Center.
On July 11, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 776 and forwarded H.R. 776,
without amendment, to the Committee on Energy and Commerce by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 776 and ordered H.R.
776 favorably reported, without amendment, to the House by a
voice vote.
On July 23, 2019, the Committee on Energy and Commerce
reported H.R. 776 to the House (H. Rept. 116-176) and the bill
was placed on the Union Calendar (Calendar No. 136). On July
24, 2019, the House considered H.R. 776, under a motion to
suspend the Rules passed H.R. 776 by a voice vote.
On July 25, 2019, H.R. 776 was received by the Senate and
read twice. On July 31, 2019, H.R. 776 passed the Senate,
without amendment, by a voice vote.
On August 13, 2019, H.R. 776 was presented to the President
and the President signed H.R. 776 into law on August 22, 2019
(Public Law 116-49).
ONDCP Technical Corrections Act of 2019
PUBLIC LAW 116-74 (H.R. 3889)
To amend the Office of National Drug Control Policy
Reauthorization Act of 1998 to make technical corrections.
Summary
This legislation makes technical corrections to statutory
authorities given to the Office of National Drug Control Policy
(ONDCP). H.R. 3889 also makes permanent a grant supporting the
National Community Anti-Drug Coalition Institute and repeals a
requirement that the Government Accountability Office (GAO)
audit ONDCP.
Legislative History
On July 23, 2019, H.R. 3889 was introduced by
Representative Rouda, and referred to the Committee on
Oversight and Reform, and in addition to the Committee on
Energy and Commerce. H.R. 3889 was subsequently referred to the
Subcommittee on Health on July 24, 2019.
On October 16, 2019, the House considered H.R. 3889 under a
motion to suspend the Rules and passed H.R. 3889 by a voice
vote.
On October 17, 2019, H.R. 3889 was received by the Senate,
read twice, and referred to the Senate Committee on the
Judiciary. On November 14, 2019, the Senate passed H.R. 3889,
without amendment, by unanimous consent.
On November 21, 2019, H.R. 3889 was presented to the
President and the President signed H.R. 3889 into law on
November 27, 2019 (Public Law 116-74).
Further Consolidated Appropriations Act, 2020
PUBLIC LAW 116-94 (H.R. 1865, H.R. 501, H.R. 2293, H.R. 3584, H.R.
5057)
Making further consolidated appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
Division N of this bill extends several Medicare, Medicaid,
and public health related programs.
Section 403 of division N authorizes $700,000 for each of
fiscal years 2020 through 2024 for the establishment and
maintenance of a national toll-free number, reauthorizes the
Nationwide Public Awareness Campaign by providing $800,000 for
each of fiscal years 2020 through 2024, and reauthorizes the
Poison Control Center grant program by providing $29,600,000
for each of fiscal years 2020 through 2024.
Section 610 of division N establishes a process to
facilitate access for generic drug manufacturers to sufficient
quantities of samples for testing if authorized by the Food and
Drug Administration (FDA). The bill would allow a generic drug
manufacturer facing delays in accessing such samples to bring
an action in Federal court to obtain the samples it needs.
Courts would be authorized to award monetary damages sufficient
to deter future gaming. It would also clarify FDA's discretion
to allow generic drug manufacturers to operationalize
equivalent safety protocols in a separate system instead of
entering a shared safety protocol with brand manufacturers,
provided that such separate protocol meets the same safety
standard as the original system.
Subtitle A of division N includes Medicare related
provisions. Sec. 105 delays for one year a statutory data
reporting period for laboratories paid by Medicare, with the
goal of allowing additional time for more robust data to be
collected. Sec. 106 permanently exempts manual complex rehab
technology (CRT) wheelchairs and accessories from competitive
bidding and delays for 18 months competitive bidding pricing of
CRT manual wheelchair accessories. Sec. 107 extends ``pass-
through'' status for two Medicare part B drugs used to detect
Alzheimer's disease. Sec. 108 requires Medicare to reimburse
hospitals for the cost of acquiring bone marrow, blood stem
cell, and cord blood cells.
Legislative History
On March 25, 2019, H.R. 1865 was introduced by
Representative Pascrell, and referred to the Committee on
Financial Services. On October 28, 2019, the House considered
H.R. 1865 under a motion to suspend the Rules and passed H.R.
1865 by a voice vote.
On October 29, 2019, H.R. 1865 was received by the Senate
and read twice. On November 12, 2019, the Senate passed H.R.
1865, amended, by unanimous consent.
On December 17, 2019, the House considered the Senate
amendment to H.R. 1865 pursuant to the provisions of H. Res.
765 and passed an amendment to the Senate amendment to H.R.
1865 by a recorded vote of 297 yeas and 120 nays (Roll Call No.
689).
On December 19, 2019, the Senate passed the House amendment
to the Senate amendment to H.R. 1865 by a recorded vote of 71
yeas and 23 nays (Roll Call No. 45).
On December 20, 2019, H.R. 1865 was presented to the
President and the President signed H.R. 1865 into law (Public
Law No. 116-94).
On January 11, 2019, H.R. 501, the ``Poison Center Network
Enhancement Act of 2019'', was introduced by Representative
Engel, and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Health on January 25, 2019.
On February 25, 2019, the House considered H.R. 501 under a
motion to suspend the Rules and passed the bill by a voice
vote.
On February 26, 2019, H.R. 501 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
On April 12, 2019, H.R. 2293, the ``Protecting Access to
Wheelchairs Act'', was introduced by Representative Larson (CT-
01) and referred to the Committee on Energy and Commerce, and
in addition, to the Committee on Ways and Means. The bill was
subsequently referred to the Subcommittee on Health on April
15, 2019.
On June 27, 2019, H.R. 3584, the ``Laboratory Access for
Beneficiaries Act'', was introduced by Representative Peters
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Health on June
28, 2019.
On November 12, 2019, H.R. 5057, the ``Pass-Through
Technical Corrections Act'', was introduced by Representative
Tonko and referred to the Committee on Energy and Commerce and,
in addition, to the Committee on Ways and Means. The bill was
subsequently referred to the Subcommittee on Health on November
13, 2019.
No further action was taken on H.R. 501, H.R. 2293, H.R.
3584, and H.R. 5057 in the 116th Congress. Provisions from H.R.
501, H.R. 2293, H.R. 3584, and H.R. 5057 were included in H.R.
1865.
Coronavirus Preparedness and Response Supplemental Appropriations Act,
2020
PUBLIC LAW 116-123 (H.R. 6074)
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
The Telehealth Services During Certain Emergency Periods of
2020, enacted as division B of title V of H.R. 6074, provides
the HHS Secretary with the authority to temporarily waive
statutory restrictions on reimbursement for telehealth services
under Medicare, such as originating site and geographic
restrictions, for the duration of the COVID-19 public health
emergency (PHE).
Legislative History
On March 4, 2020, H.R. 6074 was introduced by
Representative Lowey, and referred to the Committee on
Appropriations, and in addition to the Committee on the Budget.
That same day, the House considered H.R. 6074 under a motion to
suspend the Rules passed H.R. 6074 by a voice vote.
On March 4, 2020, H.R. 6074 was received by the Senate and
read twice. On March 5, 2020, Senate passed H.R. 6074, without
amendment, by a recorded vote of 96 yeas and 1 nay (Roll Call
No. 66).
On March 6, 2020, the President signed H.R. 6074 into law
(Public Law 116-123).
Families First Coronavirus Response Act
PUBLIC LAW 116-127 (H.R. 6201)
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
This legislation requires private health plans, Medicare,
and Medicaid to provide coverage for COVID-19 diagnostic
testing at no cost-sharing, including the cost of a provider,
urgent care center and emergency room visits and other COVID-19
testing related items and services.
The legislation also clarifies that certain personal
respiratory protective devices shall be considered covered
countermeasures when used during the COVID-19 public health
emergency.
The legislation increased the State Federal medical
assistance percentage (FMAP) by 6.2 percentage points pursuant
to certain maintenance of effort provisions. It creates a new
Medicaid state plan option to provide any uninsured individual
with coverage for COVID-19 diagnostic testing.
Legislative History
On March 11, 2020, H.R. 6201 was introduced by
Representative Lowey, and referred to the Committee on
Appropriations, and in addition to the Committees on the
Budget, and Ways and Means.
On March 14, 2020, the House considered H.R. 6201, under a
motion to suspend the Rules and passed H.R. 6201, amended, by a
voice vote.
On March 17, 2020, H.R. 6201 was received by the Senate and
read twice. On March 18, 2020, the Senate passed H.R. 620,
without amendment, by a recorded vote of 90 yeas and 8 nays
(Roll Call No. 76).
On March 18, 2020, the President signed H.R. 6201 into law
(Public Law 116-127).
Autism Collaboration, Accountability, Research, Education, and Support
Act of 2019 or the Autism Cares Act of 2019
PUBLIC LAW 116-60 (H.R. 1058)
To reauthorize certain provisions of the Public Health
Service Act relating to autism, and for other purposes.
Summary
This legislation reauthorizes funding for autism programs
at the National Institutes of Health (NIH), Centers for Disease
Control and Prevention, and Health Resources & Services
Administration (HRSA) through fiscal year 2024. The legislation
expands efforts to conduct research, surveillance, education,
detection, and intervention for all individuals with autism
spectrum disorder (ASD) across their lifespan, regardless of
age. The bill also aims to reduce disparities among individuals
from diverse racial, ethnic, geographic, or linguistic
backgrounds, and directs additional care to rural and
underserved areas. The five-year reauthorization includes
annual authorizations of $23.1 million for developmental
disabilities surveillance and research, $50.599 million for
autism education, early detection, and intervention, and such
sums as may be necessary to carry out the work of the
Interagency Autism Coordinating Committee (IACC) and other
programs at the NIH.
Legislative History
On February 7, 2019, H.R. 1058 was introduced by
Representative Smith (NJ-04) and referred to the Committee on
Energy and Commerce. It was subsequently referred to the
Subcommittee on Health on February 8, 2019.
On June 25, 2019, the Subcommittee on Health held a hearing
on four bills, including H.R. 1058. The witnesses included Amy
Hewitt, Ph.D., Director, Institute on Community Integration,
University of Minnesota; Joseph Bocchini, M.D., Professor,
Department of Pediatrics, Louisiana State University Health,
Shreveport; Patricia Kunz Howard, Ph.D., R.N., President,
Emergency Nurses Association, Director, Emergency Services,
University of Kentucky Healthcare; and Jill Kagan, Director,
ARCH National Respite Network and Resource Center.
On July 11, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 1058 and forwarded H.R. 1058,
amended, to the Committee on Energy and Commerce by a voice
vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1058 and ordered H.R.
1058 reported favorably to the House, amended, by a voice vote.
On July 23, 2019, the Committee on Energy and Commerce
reported H.R. 1058 to the House (H. Rept. 116-17), and it was
placed on the Union Calendar (Calendar No. 137).
On July 24, 2019, the House considered H.R. 1058, under a
motion to suspend the Rules and passed H.R. 1058 by a voice
vote.
On July 25, 2019, H.R. 1058 was received by the Senate and
read twice. On September 19, 2019, the Senate passed H.R. 1058,
without amendment, by a voice vote.
On September 30, 2019, the President signed H.R. 1058 into
law (Public Law 116-60).
Temporary Reauthorization and Study of the Emergency Scheduling of
Fentanyl Analogues Act
PUBLIC LAW 116-114 (S. 3201)
To extend the temporary scheduling order for fentanyl-
related substances, and for other purposes.
Summary
This legislation extends a temporary scheduling order
issued by the Drug Enforcement Administration (DEA) to place
fentanyl-related substances in Schedule I of the Controlled
Substances Act (CSA) to May 6, 2021. The temporary order
expired on February 6, 2020. Additionally, the bill directs GAO
to study and report on the classification of fentanyl-related
substances as Schedule I controlled substances, research on
fentanyl-related substances, and the importation of fentanyl-
related substances into the United States.
Legislative History
On January 16, 2020, S. 3201 was introduced by Senator
Graham (SC), read twice, considered, read a third time, and
passed without amendment by unanimous consent.
On January 17, 2020, S. 3201 was received in the House and
referred to the Committee on Energy and Commerce, and in
addition to the Committees on the Judiciary, and Ways and
Means. It was subsequently referred to the Subcommittee on
Health on January 21, 2020.
On January 29, 2020, the House passed S. 3201, under a
motion to suspend the Rules and passed S. 3201 by a recorded
vote of 320 yeas and 88 nays (Roll Call No. 32).
On February 6, 2020, the President signed S. 3201 into law
(Public Law 116-114).
The Cares Act
PUBLIC LAW 116-136 (H.R. 748, H.R. 4801, H.R. 6283, AND H.R. 3443)
To amend the Internal Revenue Code of 1986 to repeal the
excise tax on high-cost employer-sponsored health coverage.
Summary
This legislation requires private health plans to provide
coverage of a brand range of COVID-19 diagnostic and
serological testing at no cost-sharing, including any related
items and services. The legislation also requires insurers to
reimburse providers of COVID-19 testing at an amount that
equals the negotiated rate in effect prior to the public health
emergency or, if the insurer does not have a negotiated rate
with the provider, the cash price for such service that is
listed by the provider on a public website, and the insurer may
also negotiate a rate less than the listed cash price.
This legislation addresses supply chain shortages by
directing the National Academies to study the manufacturing
supply chain of drugs and medical devices, clarifying the
Strategic National Stockpile can stockpile personal protective
equipment and certain other medical supplies, and providing
permanent liability protection for manufacturers of certain
personal respiratory protective equipment.
This legislation requires FDA to prioritize reviews of drug
applications for drugs that are in shortage or at risk of
shortage. The legislation also requires additional manufacturer
reporting requirements of active pharmaceutical ingredients in
response to drug shortages and requires drug manufacturers to
adopt risk management plans that identify and evaluate risks to
the supply of particular drugs. The legislation also requires
device manufacturers to notify FDA of changes to the
manufacturing of certain critical devices that is likely to
lead to a meaningful disruption in supply, as well as requiring
FDA to take actions that could help prevent or mitigate such
device shortages.
This legislation provides additional funding to community
health centers for the purpose of testing and treating patients
with COVID-19. It also reauthorizes the HRSA grant programs
that promote the use of telehealth technologies for health care
delivery, education, and health information services and grant
programs for rural health care services outreach, rural health
network development, and small health care provider quality
improvement grant programs, while also increasing telehealth
flexibility for certain patients.
The legislation modernizes the U.S. Public Health Service
Corps by establishing a Ready Reserve Corps to help ensure
nation has enough trained doctors and nurses to respond to
COVID-19 and other public health emergencies. The legislation
also allows certain National Health Service Corps members to be
reassigned in order to respond to the COVID-19 public health
emergency.
This legislation addresses the confidentiality and
disclosure of records related to substance use disorder. The
legislation also requires guidance to be issued related to
protecting health information during the COVID-19 public health
emergency.
This legislation reauthorizes the Health Start program for
five years and requires the creation of a campaign to improve
awareness of the importance and safety of blood donation and
the continued need for blood donations during the COVID-19
public health emergency.
Additionally, this legislation removes the cap on
Biomedical Advanced Research and Development Authority's
(BARDA) use of other transaction authority (OTA) during public
health emergencies. It also provides a pathway for expedited
reviews for certain zoonotic animal drugs.
This legislation reauthorizes and updates title VII and
title VIII of the Public Health Service Act (PHSA), strengthens
title VII programs to improve education and training related to
geriatrics, and updates title VIII programs to address current
and emerging health care challenges.
This legislation includes extensions for community health
centers, the National Health Service Corps, and teaching health
centers that operate graduate medication education programs, as
well as the Personal Responsibility Education Program and the
Sexual Risk Avoidance program.
The legislation also reforms the over-the-counter drug
monograph regulatory framework at FDA and establishes a user
fee program to offset costs for over-the-counter drug
activities at FDA.
The legislation also included several Medicare provisions
that, for example, expands access to telehealth services under
Medicare, temporarily delays Medicare sequester cuts, provides
increased payments to hospitals for inpatient COVID-19
treatment, eliminate cost-sharing for the COVID-19 vaccine, and
expands the Accelerated Payment Program to provide loans to
Medicare providers during the emergency period.
Legislative History
On January 24, 2019, H.R. 748 was introduced by
Representative Courtney (CT-02) and referred to the Committee
on Ways and Means.
On May 21, 2019, Representative Courtney filed a motion to
place the bill on Consensus Calendar. On July 17, 2019, H.R.
748 was placed the Consensus Calendar (Calendar No. 2). That
same day, the House considered H.R. 748 under a motion to
suspend the Rules and passed H.R. 748, amended, by a recorded
vote of 419 yeas and 6 nays (Roll Call No. 493).
On July 18, 2019, H.R. 748 was received by the Senate, and
read the first time, and placed on the Senate Legislative
Calendar under Read First Time. On July 22, 2019, H.R. 748 was
read a second time and placed on the Senate Legislative
Calendar under General Orders (Calendar No. 157). On March 25,
2020, the Senate passed an amendment in the nature of a
substitute to H.R. 748, inserting the text of the Coronavirus
Aid, Relief, and Economic Security Act by unanimous consent. On
that same day, the Senate passed the Senate amendment to H.R.
748 by a recorded vote of 96 yeas and 0 nays (Roll Call No.
80).
On March 27, 2020, the House considered the Senate
amendment to H.R. 748 pursuant to the provisions of H. Res. 911
and passed the Senate amendment to H.R. 748 by a voice vote. On
March 27, 2020, H.R. 748 was presented to the President and the
President signed H.R. 748 into law (Public Law 116-136).
On June 24, 2019, H.R. 3443, the ``Over-the-Counter
Monograph Safety, Innovation, and Reform Act of 2019'', was
introduced by Representative DeGette and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Health on July 25, 2019.
On October 23, 2019, H.R. 4801, the ``Healthy Start
Reauthorization Act'', was introduced by Representative Ryan
and referred to the Committee on Energy and Commerce. It was
subsequently referred to the Subcommittee on Health on October
24, 2019.
On January 8, 2020, the Subcommittee on Health held a
hearing on seven bills, including H.R. 4801. The witnesses
included Lee Beers, M.D., President-Elect, American Academy of
Pediatrics; Kenneth Mendez, President and Chief Executive
Officer, Asthma and Allergy Foundation of America; Stephanie
Zarecky, Mother of Scarlett Pauley, Ambassador Program and
Public Relations Manager, SUDC Foundation; Matthew Cooper,
M.D., Director, Kidney and Pancreas Transplantation, Medical
Director, QAPI, Medstar Georgetown Transplant Institute,
Professor of Surgery, Georgetown University School of Medicine;
Kevin Koser, Patient Advocate, on behalf of the National
Foundation for Ectodermal Dysplasias; and Fred Riccardi,
President, Medicare Rights Center.
On March 11, 2020, the Subcommittee on Health met in open
markup session and forwarded H.R. 4801, without amendment, to
the Committee on Energy and Commerce by a voice vote.
On March 13, 2020, H.R. 6283, the ``Good Samaritan Health
Professionals Act of 2020'', was introduced by Representative
Ruiz and referred to the Committee on Energy and Commerce, and
in addition to the Committee on the Judiciary. The bill was
subsequently referred to the Subcommittee on Health on March
16, 2020.
No further action was taken on H.R. 3443, H.R. 4801, and
H.R. 6283 in the 116th Congress. Provisions of H.R. 3443, H.R.
4801, and H.R. 6283 were included in H.R. 748.
Continuing Appropriations Act, 2020, and Health Extenders Act of 2019
PUBLIC LAW 116-59 (H.R. 4378)
Making continuing appropriations for fiscal year 2020, and
for other purposes.
Summary
Section 1602 of H.R. 4378 increases the number of eligible
enrollees in the World Trade Center Health Program, which
provides medical care for first responders and survivors
affected by World Trade Center related conditions and diseases.
The numerical limits for eligible first responders and
survivors were 25,000 each. Section 602 increased the
respective limits to 75,000 each.
Legislative History
On September 18, 2019, H.R. 4378 was introduced by
Representative Lowey and referred to the Committee on
Appropriations, and in addition to the Committee on the Budget.
On September 19, 2019, the House considered H.R. 4378
pursuant to the provisions of H. Res. 564 and passed the bill
by a recorded vote of 301 yeas and 123 nays (Roll Call No.
538).
On September 19, 2019, H.R. 4378 was received in the
Senate, read the first time, and placed on Senate Legislative
Calendar under Read the First Time. On September 23, 2019, H.R.
4378 was read the second time and placed on the Senate
Legislative Calendar under General Orders (Calendar No. 213).
On September 26, 2019, the Senate passed H.R. 4378, without
amendment, by a recorded vote of 81 yeas and 16 nays (Roll Call
No. 311).
On September 27, 2019, H.R. 4378 was presented to the
President and the President signed H.R. 4378 into law (Public
Law No. 116-59).
The Consolidated Appropriations Act, 2021
PUBLIC LAW 116-__ (H.R. 133, H.R. 233, H.R. 525, H.R. 913, H.R. 938,
H.R. 1052, H.R. 1191, H.R. 1520, H.R. 1570, H.R. 1781, H.R. 1791, H.R.
1873, H.R. 2075, H.R. 2328, H.R. 2477, H.R. 2862, H.R. 3029, H.R. 3031,
H.R. 3039, H.R. 3415, H.R. 3935, H.R. 4078, H.R. 4400, H.R. 4439, H.R.
4821, H.R. 4955, H.R. 5199, H.R. 5201, H.R. 5281, H.R. 5321, H.R. 5534,
H.R. 5668, H.R. 5654, H.R. 6005, H.R. 7539, H.R. 7839, H.R. 8158, H.R.
8834)
Making consolidated appropriations for the fiscal year
ending September 30, 2021, providing coronavirus emergency
response and relief, and for other purposes.
Summary
This legislation includes extensions for community health
centers, the National Health Service Corps, and teaching health
centers that operate graduate medication education programs,
special diabetes programs, as well as the Personal
Responsibility Education Program and the Sexual Risk Avoidance
program. Additionally, this legislation includes extensions of
the Medicaid demonstration program for certified community
behavioral health centers (CCBHCs), the money follows the
person rebalancing demonstration, and protections against
spousal impoverishment for partners of recipients of Medicaid
home- and community-based services (HCBS), and it averts the
reductions to allotments for Medicaid disproportionate share
hospitals (DSH). This legislation would also extend several
Medicare extenders policies including increased payments for
the work component of physician fees in areas where labor cost
is determined to be lower than the national average, funding to
a consensus-based entity to carry out duties related to quality
measurement and performance improvement, funding for low-income
Medicare beneficiary outreach, enrollment, and education
activities, an extension of the Intravenous Immunoglobulin
(IVIG) treatment demonstration, and extension of the
Independence at Home demonstration.
The legislation holds patients harmless from surprise
medical bills, including from air ambulance providers, by
ensuring they are only responsible for their in-network cost-
sharing amounts, including deductibles, in both emergency
situations and certain non-emergency situations where patients
do not have the ability to choose an in-network provider.
Insurers will make a payment to providers for out-of-network
services that is determined either through negotiation between
the parties or an independent dispute resolution (IDR) process.
The legislation allows the Secretary to add up to 10
quality measures--including measures of functional status,
patient safety, care coordination, or patient experience--to
the skilled nursing facility (SNF) value-based purchasing
program for facilities with more than the required minimum
number of cases.
The legislation provides the Medicare Payment Advisory
Commission (MedPAC) and the Medicaid and CHIP Payment and
Access Commission (MACPAC) with access to drug pricing and
rebate data under Medicare Parts B and D, as well as under
Medicaid. Currently, MedPAC and MACPAC lack access to this drug
pricing data and are limited in their ability to analyze and
provide information on related topics to Congress, such as
issues related to prescription drug costs. H.R. 1781 would
ensure the Commissions have access to this data in order to
analyze and report to Congress on these issues.
The legislation prohibits the Secretary of HHS from making
payments under the Physician Fee Schedule for services
described by Healthcare Common Procedure Coding System (HCPCS)
code G2211 (or any successor or substantially similar code)
prior to January 1, 2024.
The legislation freezes the current payment and patient
count thresholds for physicians and other eligible clinicians
participating in Advanced Alternative Payment Models (APMs) to
receive a five percent incentive payment in payment years 2023
and 2024 (performance years 2021 and 2022). It also freezes the
Partial Qualifying APM participant payment and patient count
thresholds at current levels for payment years 2023 and 2024
(performance years 2021 and 2022).
The legislation requires the Secretary of HHS, no later
than January 1, 2022, to allow occupational therapists to
conduct initial assessment visits and complete comprehensive
assessments for certain home health services if the referral
order by the physician does not include skilled nursing care
but includes occupational therapy and physical therapy or
speech language pathology.
The legislation permanently authorizes the Limited Income
Newly Eligible Transition (LI NET) program to ensure low-income
beneficiaries can obtain transitional and retroactive Medicare
part D prescription drug coverage when not already enrolled in
a Medicare drug plan. This program was first created as a
demonstration program and is permanently authorized by this
legislation.
The legislation requires Medicare prescription drug plan
sponsors to implement an electronic, real-time benefit tool
that is capable of integrating with at least one prescriber's
electronic prescribing system or electronic health record. The
tool must provide prescription with patient-specific, real-time
formulary and benefit information, including information
regarding cost-sharing, formulary alternatives, and utilization
management requirements.
This legislation would require the Secretary of HHS to
conduct outreach to Medicare providers regarding Medicare
payment for cognitive assessment and care plan services
furnished to individuals with cognitive impairment, such as
Alzheimer's and related dementias.
The legislation ensures continued coverage of home infusion
therapy services for beneficiaries taking self-administered and
biological drugs that are currently included under the
temporary transitional home infusion therapy benefit when the
permanent home infusion therapy benefit takes effect January 1,
2021.
This legislation eliminates coverage gaps by requiring that
part B insurance coverage begin the first of the month
following an individual's enrollment and provides for a part B
Special Enrollment Period for ``exceptional circumstances,''
such as hurricanes and other natural disasters, to mirror
authority in Medicare Advantage and Medicare part D.
This legislation would specify that the budget neutrality
requirement for establishing new payment classes of oxygen and
oxygen equipment no longer applies, thereby increasing
reimbursement for certain oxygen equipment in rural areas.
This legislation gradually eliminates cost-sharing for
Medicare beneficiaries with respect to colorectal cancer
screening tests, even in cases where a polyp is detected and
removed.
This legislation expands access to telehealth services in
Medicare to allow beneficiaries to receive mental health
services via telehealth, including from the beneficiary's home.
To be eligible to receive these services via telehealth, the
beneficiary must have been seen in person at least once by the
physician or non-physician practitioner within the past six
months, with additional face-to-face requirements determined by
the Secretary.
The legislation creates a new, voluntary Medicare payment
designation that allows either a Critical Access Hospital (CAH)
or a small, rural hospital with less than 50 beds to convert to
a Rural Emergency Hospital (REH) to preserve beneficiary access
to emergency medical care in rural areas that can no longer
support a fully operational inpatient hospital. REHs can also
furnish additional medical services needed in their community,
such as observation care, outpatient hospital services,
telehealth services, ambulance services, and skilled nursing
facility services. REHs will be reimbursed under all applicable
Medicare prospective payment systems, plus an additional
monthly facility payment and an add-on payment for hospital
outpatient services.
The legislation supports physician workforce development by
providing for the distribution of additional Medicare-funded
graduate medical education (GME) residency positions. Rural
hospitals, hospitals that are already above their Medicare cap
for residency positions, hospitals in states with new medical
schools, and hospitals that serve Health Professional Shortage
Areas will be eligible for these new positions.
The legislation makes changes to Medicare GME Rural
Training Tracks (RTT) to provide greater flexibility for rural
and urban hospitals that participate in RTT programs. Section
128. Five-year extension of the Rural Community Hospital
Demonstration.
The legislation extends the Rural Community Hospital
Demonstration (RCHD) by five years. The demonstration tests the
feasibility and advisability of establishing ``rural community
hospitals'' to furnish covered inpatient hospital services to
Medicare beneficiaries in states with low population densities.
Participating hospitals are mostly paid using reasonable cost-
based methodology instead of the inpatient prospective payment
system.
The legislation extends the Frontier Community Health
Integration Project (FCHIP) demonstration by five years. The
FCHIP demonstration tests new models of health care delivery
for rural CAHs.
The legislation implements a comprehensive Rural Health
Clinic (RHC) payment reform plan. It phases-in a steady
increase in the RHC statutory cap over an eight-year period,
subjects all new RHCs to a uniform per-visit cap, and controls
the annual rate of growth for uncapped RHCs whose payments are
above the upper limit. It ensures that no RHC would see a
reduction in reimbursement. RHCs with an all-inclusive rate
(AIR) above the upper limit will continue to experience annual
growth, but the payment amount will be constrained to the
facility's prior year reimbursement rate plus the Medicare
Economic Index (MEI). Specifically, the policy raises the
statutory RHC cap to $100 starting on April 1, 2021, and
gradually increases the upper limit each year through 2028
until the cap reaches $190. This brings the RHC upper limit
roughly in line with the Federally Qualified Health Centers
(FQHC) Medicare base rate. In each subsequent calendar year,
starting in 2029, the new statutorily set RHC cap reverts back
to an annual MEI inflationary adjustment.
The legislation allows hospitals to host a limited number
of residents for short-term rotations without being negatively
impacted by a set permanent full-time equivalent (FTE) resident
cap or a Per Resident Amount (PRA).
The legislation allows RHCs and FQHCs to furnish and bill
for hospice attending physician services when RHC and FQHC
patients become terminally ill and elect the hospice benefit,
beginning January 1, 2022.
The legislation provides for a statutory six-month
additional delay, in addition to the delay announced by CMS of
the Medicare radiation oncology model to January 1, 2022.
The legislation adds blood clotting factors and items and
services related to their furnishing to the categories of high-
cost, low probability services that are excluded from the
skilled nursing facility per-diem prospective payment system
and are separately payable. This change will allow SNF care to
be an option instead of continued inpatient care for this
limited population.
The legislation requires all manufacturers of drugs covered
under Medicare part B to report average sales price (ASP)
information to the Secretary of HHS beginning on January 1,
2022. Specifically, it adds a new requirement for manufacturers
that do not have a rebate agreement through the Medicaid Drug
Rebate Program to report ASP information.
The legislation establishes eligibility for
immunosuppressive drug coverage through Medicare to post-kidney
transplant individuals whose entitlement to benefits under part
A ends (whether before, on, or after January 1, 2023) and who
do not receive coverage of immunosuppressive drugs through
other insurance.
The legislation allows direct payment under the Medicare
program to physician assistants for services furnished to
beneficiaries on or after January 1, 2022.
The legislation extends the change to the annual updates to
the hospice aggregate cap made in the Improving Medicare Post-
Acute Care Transformation Act (IMPACT Act) of 2014 and applies
the hospice payment update percentage rather than the Consumer
Price Index for Urban Consumers (CPI--U) to the hospice
aggregate cap for fiscal years 2026 through 2030. Section 405.
Special rule for determination of ASP in cases of certain self-
administered versions of drugs.
The legislation authorizes CMS, when determining payment
for products covered under Medicare part B, to review and
exclude payments made for the self-administered versions of
products that are not covered under part B.
The legislation rescinds $3,464,000,000 from the Medicaid
Improvement Fund.
The legislation makes changes to the Medicare hospice
survey and certification process to improve consistency and
oversight, allowing the Secretary to use intermediate remedies
to enforce compliance with hospice requirements and extending
the requirement that hospices be surveyed no less frequently
than once every 36 months. It also creates a new Special Focus
Facility Program for poor-performing hospice providers, who
will be surveyed not less frequently than once every six
months. It increases the penalty for hospices not reporting
quality data to the Secretary from two to four percentage
points, beginning in fiscal year 2024.
The legislation provides $165 million for the Medicare
Improvement Fund.
The legislation provides for a one-time, one-year increase
in the Medicare physician fee schedule of 3.75 percent, in
order to support physicians and other professionals in
adjusting to changes in the Medicare physician fee schedule
during 2021, and to provide relief during the COVID-19 public
health emergency. It also provides for a three-month delay of
the Medicare sequester payment reductions through March 31,
2021.
The legislation also includes a national campaign program
to increase awareness and knowledge of the safety and
effectiveness of vaccines for the prevention and control of
diseases, to combat misinformation, and to disseminate
scientific and evidence-based vaccine-related information.
The legislation authorizes HHS to develop and disseminate
guides on evidence-based obesity prevention and control
strategies for State, territorial, and local health departments
and Indian tribes and tribal organizations.
The legislation authorizes the provision of technical
assistance and grants to evaluate, develop, and expand the use
of technology-enabled collaborative learning and capacity
building models to increase access to specialized health care
services in medically underserved areas and for medically
underserved populations.
The legislation requires HHS to expand, enhance, and
improve public health data systems used by the Centers for
Disease Control and Prevention (CDC). It also requires HHS to
award grants to State, local, Tribal, or territorial public
health departments for the modernization of public health data
systems in order to assist public health departments in
assessing current data infrastructure capabilities and gaps; to
improve secure public health data collection, transmission,
exchange, maintenance, and analysis; to enhance the
interoperability of public health data systems; to support and
train related personnel; to support earlier disease and health
condition detection; and to develop and disseminate related
information and improved electronic case reporting.
The legislation ensures states consult with Indian tribes,
tribal organizations, urban Indian organizations, and Native
Hawaiian Health Care Systems in developing youth suicide early
intervention and prevention strategies.
The legislation reauthorizes the young women's breast
health awareness and education program at $9 million for each
of fiscal years 2022-2026.
The legislation reauthorizes the School-Based Health Center
program for fiscal years 2022 through 2026.
The legislation allows the FDA to continue to award
priority review vouchers for drugs that treat rare pediatric
diseases and are designated no later than September 30, 2024,
and approved no later than September 30, 2026.
The legislation clarifies that biosimilar applicants can
include information in biosimilar submissions to show that the
proposed conditions of use for the biosimilar product have been
previously approved for the reference product.
The legislation clarifies that the clinical superiority
standard applies to all drugs with an orphan drug designation
for which an application was approved after the enactment of
the FDA Reauthorization Act of 2017, regardless of the date of
the orphan drug designation.
The legislation allows FDA to identify and select certain
covered generic drugs for which labeling updates would provide
a public health benefit and require sponsors of such drug
applications to update labeling. It also requires FDA to report
on the number of covered drugs and a description of the types
of drugs selected for labeling changes, and the rationale for
such recommended changes, and to provide recommendations for
modifying the program under this section.
The legislation would ban gag clauses in contracts between
providers and health plans that prevent enrollees, plan
sponsors, or referring providers from seeing cost and quality
data on providers. The legislation would also ban gag clauses
in contracts between providers and health insurance plans that
prevent plan sponsors from accessing de-identified claims data
that could be shared, under Health Insurance Portability and
Accountability Act (HIPAA) business associate agreements, with
third parties for plan administration and quality improvement
purposes.
This legislation would help improve and strengthen
enforcement of existing mental health parity laws. The
legislation would prohibit health insurance plans from imposing
less favorable benefit limitations on mental and substance use
disorder treatments than on medical and surgical benefits. The
bill would increase transparency with respect to how health
insurance plans are applying mental health parity laws, by
requiring plans to make available certain analyses of how plans
are applying non-quantitative treatment limits (NQTLs) to
mental health and substance use disorder benefits, in
comparison to medical and surgical benefits. The legislation
would also require federal regulators to request comparative
analyses for plans that involve potential violations or
complaints regarding noncompliance with mental health parity
standards and to request no fewer than twenty comparative
analyses per year. In addition, HHS, the Departments of Labor
and the Treasury would be required to submit an annual report
to Congress, including a summary of the comparative analyses
and federal regulators' findings.
This legislation codifies an existing public-private
partnership operated by the Centers for Medicare and Medicaid
Services (CMS) as part of the agency's ongoing responsibility
to combat fraud, waste, and abuse.
This legislation restores Medicaid eligibility for citizens
of the Freely Associated States who are residing in the United
States. It also requires state Medicaid programs to cover
routine patient costs for Medicaid beneficiaries who are
participating in a clinical trial. This legislation also
requires that state Medicaid programs cover non-emergency
medical transportation (NEMT) as a mandatory Medicaid benefit.
It strengthens program integrity and provider participation
requirements for the benefit.
It authorizes Medicaid Fraud Control Units (MFCUs) to
investigate fraud and abuse in non-institutional settings.
This legislation also requires the Secretary of Health and
Human Services (HHS) to establish a system that States may use
to report on certain supplemental payments to hospitals. It
also revises how States calculate the hospital-specific
Medicaid DSH limit.
Legislative History
On January 3, 2019, H.R. 133 was introduced by
Representative Cuellar (TX-28), and referred to the Committee
on Foreign Affairs. On January 10, 2019, the House considered
H.R. 133 under a motion to suspend the Rules and passed H.R.
133 by a voice vote. On January 15, 2020, the Senate passed
H.R. 133, amended, by unanimous consent.
On December 21, 2020, the House passed an amendment to the
Senate amendment to H.R. 133 with a portion of the amendment
comprising divisions B, C, E, and F by a recorded vote of 327
yeas and 85 nays (Roll no. 250) and an amendment to the Senate
amendment to H.R. 133 (except divisions B, C, E, and F) by a
recorded vote of 359 yeas and 53 nays (Roll no. 251). That same
day, the House passed the Senate amendment to H.R. 133,
amended, by unanimous consent.
On December 21, 2020, the Senate passed the House amendment
to the Senate amendment to H.R. 133 by a recorded vote of 92
yeas to 6 nays (Recorded Vote Number: 289).
On December 27, 2020, the President signed H.R. 133 into
law (Public Law 116-__). The Public Law number had not been
assigned when this report was filed.
H.R. 133 includes provisions from the following bills: H.R.
233, the ``Medicaid Patient Abuse Prevention Act'', introduced
by Representative Walberg; H.R. 913, the ``CLINICAL TREATMENT
Act'', introduced by Representative Lujan; H.R. 525, the
``Strengthening the Health Care Fraud Prevention Task Force Act
of 2019'', introduced by Representative Walden; H.R. 938, the
``BLOCKING Act of 2019'', introduced by Representative
Schrader; H.R. 1052, To amend title XVIII of the Social
Security Act to provide for direct payment to physician
assistants under the Medicare program for certain services
furnished by such physician assistants, introduced by
Representative Sewell; H.R. 1191, the ``Native American Suicide
Prevention Act of 2019'', introduced by Representative
Grijalva; H.R. 1520, the ``Purple Book Continuity Act of
2019'', introduced by Representative Eshoo; H.R. 1570, the
``Removing Barriers to Colorectal Cancer Screening Act of
2020'', introduced by Representative Payne; H.R. 1791, the
``Children of Fallen Servicemembers AMT Relief Act of 2019'',
introduced by Representative Larsen; H.R. 1873, the ``Improving
HOPE for Alzheimer's'', introduced by Representative Tonko;
H.R. 2075, the ``School-Based Health Centers Reauthorization
Act of 2020'', introduced by Representative Sarbanes; H.R.
2328, the ``Community Health Investment, Modernization, and
Excellence Act of 2019'', introduced by Representative
O'Halleran; H.R. 2477, the ``BENES Act of 2020'', introduced by
Representative Ruiz; H.R. 2862, the ``VACCINES Act of 2019'',
introduced by Representative Schrier; H.R. 3029, the
``Improving Low-Income Access to Prescription Drugs Act of
2019'', introduced by Representative Olson; H.R. 3031, To amend
title XVIII of the Social Security Act to extend funding for
quality measure endorsement, input, and selection under the
Medicare program, introduced by Representative Chu; H.R. 3039,
To provide for a 5-year extension of funding outreach and
assistance for low-income programs, introduced by
Representative Gomez; H.R. 3415, the ``Real-Time Beneficiary
Drug Cost Bill'', introduced by Representative Slotkin; H.R.
3935, the ``Protecting Patients Transportation to Care Act'',
introduced by Representative Carter (GA-01); H.R. 4078, the
``EARLY Act Reauthorization of 2020'', introduced by
Representative Wasserman Schultz; H.R. 4400, the ``Advancing
Education on Biosimilars Act of 2019'', introduced by
Representative Bucshon (IN-08); H.R. 4439, the ``Creating Hope
Reauthorization Act'', introduced by Representative
Butterfield; H.R. 4821, the ``Covering our FAS Allies Act'',
introduced by Representative Cardenas; H.R. 4955, the
``Protecting Access to Safe and Effective Medicines Act of
2019'', introduced by Representative Engel; H.R. 5199, the
``ECHO Act of 2019'', introduced by Representative Lujan; H.R.
5201, the ``Telemental Health Expansion Act of 2020'',
introduced by Representative Matsui; H.R. 5281, the ``Drug
Price Transparency in Medicaid Act of 2019'', introduced by
Representative Carter (GA-01); H.R. 5321, the ``Public Health
Infrastructure Modernization Act of 2019'', introduced by
Representative McBath; H.R. 5534, the ``Comprehensive
Immunosuppressive Drug Coverage for Kidney Transplant Patients
Act of 2020'', introduced by Representative Kind; H.R. 5668,
the ``MODERN Labeling Act of 2020'', introduced by
Representative Matsui; H.R. 5654, the ``Expanding Medical
Education Act of 2020'', introduced by Representative Costa;
H.R. 6005, the ``Know the Price Act'', introduced by
Representative Malinowski; H.R. 7539, the ``Strengthening
Behavioral Health Parity Act'', introduced by Representative
Kennedy; H.R. 7839, the ``Continuing Access to In-Home IVIG
Act'', introduced by Representative Matsui; H.R. 8158, To amend
title XVIII of the Social Security Act to waive budget
neutrality for oxygen under the Medicare program, and for other
purposes, introduced by Representative Rodgers; and H.R. 8834,
the ``Independence at Home Demonstration Improvement Act of
2020'', introduced by Representative Dingell.
Elijah E. Cummings Lower Drug Costs Now Act
H.R. 3 (H.R. 1570, H.R. 1948, H.R. 2466, H.R. 2922, H.R. 3924, H.R.
4455, H.R. 4618, H.R. 4619, H.R. 4620, H.R. 4632, H.R. 4633, H.R. 4649,
H.R. 4650, H.R. 4655, H.R. 4661, H.R. 4663, H.R. 4665, H.R. 4666, H.R.
4667, H.R. 4669, H.R. 4671, H.R. 4675, H.R. 4676, H.R. 4835, AND H.R.
4893)
To establish a fair price negotiation program, protect the
Medicare program from excessive price increases, and establish
an out-of-pocket maximum for Medicare part D enrollees, and for
other purposes.
Summary
H.R. 3 empowers the Secretary for the U.S. Department of
Health and Human Services (the Secretary) to negotiate with
drug manufacturers for certain high-priced single source drugs
in order to lower prices, protects the Medicare program from
excessive prescription drug price increases, and establishes a
$2,000 out-of-pocket maximum for Medicare part D (part D)
enrollees.
Additionally, the bill reforms the part D prescription drug
benefit and increases consumer transparency of the prescription
drug supply chain by requiring certain drug manufacturers to
report specific information to the Secretary about the prices
of their drugs. The legislation also improves the part D low-
income subsidy (LIS) program in order for low-income part D
enrollees to better access their prescriptions, while also
reducing out-of-pocket costs for these enrollees. It also
expands coverage of vision, dental, and hearing services under
Medicare part B (part B).
Legislative History
On September 19, 2019, H.R. 3 was introduced by
Representative Pallone, and referred to the Committee on Energy
and Commerce, and in addition to the Committees on Ways and
Means, and Education and Labor. It was subsequently referred to
the Subcommittee on Health that same day.
On September 25, 2019, the Subcommittee on Health held a
hearing on four bills, including H.R. 3. The witnesses included
Robert Fowler, Ph.D., Professor Emeritus, Baldwin Wallace
University; Gerard Anderson, Ph.D., Professor, Johns Hopkins
Bloomberg School of Public Health; and Benedic Ippolito, Ph.D.,
Research Fellow in Economic Policy Studies, American Enterprise
Institute.
On October 17, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 3 and ordered H.R.
3, amended, reported favorably to the House by a recorded vote
of 30 yeas to 22 nays.
On December 6, 2019, the Committee on Energy and Commerce
reported H.R. 3 to the House (H. Rept. 116-324 Part I). On
December 9, 2019, it was placed on the Union Calendar (Calendar
No. 264).
On December 12, 2019, the House considered H.R. 3 pursuant
to the provisions of H.R. 758 and passed H.R. 3 by a recorded
vote of 230 yeas and 192 nays (Roll Call No. 682).
On December 16, 2019, H.R. 3 was received by the Senate. On
August 13, 2020, H.R. 3 was read for the first time and placed
on the Senate Legislative Calendar under Read the First Time.
On September 8, 2020, H.R. 3 was read for the second time and
placed on the Senate Legislative Calendar under General Orders
(Calendar No. 521).
No further action was taken on H.R. 3 in the 116th
Congress.
H.R. 3 included provisions from the following bills: H.R.
1570, the ``Removing Barriers to Colorectal Cancer Screening
Act of 2020'', introduced by Representative Payne (NJ-10); H.R.
1948, the ``Lymphedema Treatment Act of 2019'', introduced by
Representative Schakowsky; H.R. 2466, the ``State Opioid
Response Grant Authorization Act of 2020'', introduced by
Representative Trone; H.R. 2922, the ``Respond to the Needs in
the Opioid War Act'', introduced by Representative Kuster; H.R.
3924, the ``Streamlining Part D Appeals Process Act'',
introduced by Representative Suozzi (NY-03); H.R. 4455, the
``Bolstering Innovative Options to Save Immediately on
Medicines Act'', introduced by Representative Schrader; H.R.
4618, the ``Medicare Hearing Act of 2019'', introduced by
Representative McBath; H.R. 4619, the ``Pharmaceutical Rebates
for Excessive Pricing Above Inflation Act'', introduced by
Representative Schakowsky; H.R. 4620, the ``More Help for
Seniors Act of 2019'', introduced by Representative Rose (NY-
11); H.R. 4632, the ``Better Transparency in Information for
Medicare Beneficiaries Act of 2019'', introduced by
Representative Kind (WI-03); H.R. 4633, the ``Investing in
Safety and Innovation Act of 2019'', introduced by
Representative Eshoo; H.R. 4649, the ``Capping Drug Costs for
Seniors Act of 2019'', introduced by Representative Horsford
(NV-04); H.R. 4650, the ``Medicare Dental Coverage Act of
2019'', introduced by Representative Kelly; H.R. 4655, the
``Enhancing Retirement Security for Medicare Beneficiaries Act
of 2019'', introduced by Representative Lee (NV-03); H.R. 4661,
the ``Advancing Enrollment and Reducing Drug Costs Act of
2019'', introduced by Representative Pappas (NH-01); H.R. 4663,
the ``Freedom from Price Gouging Act'', introduced by Rep.
Porter (CA-45); H.R. 4665, the ``Medicare Vision Act of 2019'',
introduced by Representative Schrier; H.R. 4666, a bill to
amend title XVIII of the Social Security Act to provide certain
low-income territorial residents with automatic eligibility for
premium and cost-sharing subsidies under the Medicare program,
and for other purposes, introduced by Representative Shalala
(FL-27); H.R. 4667, the ``Biomedical Innovation Expansion Act
of 2019'', introduced by Representative Sherrill; H.R. 4669,
the ``Maximizing Drug Coverage for Low-Income Seniors Act of
2019'', introduced by Representative Stevens; H.R. 4671, the
``Helping Seniors Afford Health Care Act'', introduced by
Representative Kim (NJ-03); H.R. 4675, the ``Language Access
for Medicare Beneficiaries Act of 2019'', introduced by
Representative Gomez (CA-34); H.R. 4676, the ``Protecting
Medicare Beneficiaries with Pre-Existing Conditions Act'',
introduced by Representative Schneider (IL-10); H.R. 4835, the
``Supporting Trauma-Informed Education Practices Act of 2019'',
introduced by Representative Hayes (CT-05); and H.R. 4893, the
``Keeping Our Children Safe Act'', introduced by Representative
Wild (PA-07).
Legitimate Use of Medicinal Marijuana Act
H.R. 171
To provide for the legitimate use of medicinal marihuana in
accordance with the laws of the various States.
Summary
This legislation transfers marijuana from Schedule I to
Schedule II of the Controlled Substances Act. It also specifies
that no provision of the CSA or the Federal Food, Drug, and
Cosmetic Act (FFDCA) shall prohibit or restrict activities
related to medical marijuana that comply with a state's medical
marijuana law. The bill does not affect any Federal, State, or
local law that regulates or prohibits smoking in public.
Legislative History
On January 3, 2019, H.R. 171 was introduced by
Representative Griffith, and referred to the Committee on
Energy and Commerce. It was subsequently referred to the
Subcommittee on Health on January 25, 2019.
On January 15, 2020, the Subcommittee on Health held a
hearing on six bills, including H.R. 171. The witnesses
included Matthew J. Strait, Senior Policy Advisor, Diversion
Control Division, Drug Enforcement Administration; Douglas
Throckmorton, M.D., Deputy Director for Regulatory Programs,
Center for Drug Evaluation and Research, Food and Drug
Administration; and Nora D. Volkow, M.D., Director, National
Institute on Drug Abuse, National Institutes of Health.
No further action was taken on H.R. 171 in the 116th
Congress.
Medicare Prescription Drug Price Negotiation Act of 2019
H.R. 275
To amend part D of title XVIII of the Social Security Act
to require the Secretary of Health and Human Services to
negotiate covered part D drug prices on behalf of Medicare
beneficiaries.
Summary
This legislation would give the Secretary of HHS authority
to negotiate the prices, including discounts, rebates, and
other price concessions, that may be charged to PDPs for
covered part D drugs. H.R. 275 would not authorize the
Secretary to establish or require a particular formulary or
affect the Secretary's authority to ensure plan compliance with
existing part D formulary requirements.
Legislative History
On January 8, 2019, H.R. 275 was introduced by
Representative Welch and referred to the Committee on Energy
and Commerce, and in addition to the Committees on Ways and
Means. It was subsequently referred to the Subcommittee on
Health that same day.
On September 25, 2019, the Subcommittee on Health held a
hearing on four bills including H.R. 275. The witnesses
included Robert Fowler, Ph.D., Professor Emeritus, Baldwin
Wallace University; Gerard Anderson, Ph.D., Professor, Johns
Hopkins Bloomberg School of Public Health; and Benedic
Ippolito, Ph.D., Research Fellow in Economic Policy Studies,
American Enterprise Institute.
No further action was taken on H.R. 275 in the 116th
Congress.
Medicare Drug Price Negotiation Act
H.R. 448
To amend title XVIII of the Social Security Act to provide
for the negotiation of lower covered part D drug prices on
behalf of Medicare beneficiaries and the establishment and
application of a formulary by the Secretary of Health and Human
Services under Medicare part D, and for other purposes.
Summary
This legislation would instruct the Secretary of HHS to
negotiate with drug manufacturers the prices to be charged to
part D plans (PDPs) for covered part D drugs furnished to part
D enrollees during the applicable period. If the Secretary is
not successful in obtaining an appropriate price for an
applicable covered part D drug during negotiations with the
drug manufacturer, the price charged to PDPs during the
applicable period shall be the lowest of three options: (1) the
contract price for drugs for certain Federal agencies; (2) the
average of the prices available in the most recent 12-month
period in Canada, the United Kingdom, Germany, France, and
Japan; or (3) the Medicaid best price. The bill also instructs
the Secretary to prioritize certain covered part D drugs for
the purposes of negotiation.
H.R. 448 would also establish and apply a formulary for
required use by PDPs or requires PDPs to consider negotiations
carried out by the Secretary and make changes, as necessary.
H.R. 448 would also require drug manufacturers to provide
mandatory rebates for drugs purchased by part D low-income
subsidy enrollees who have incomes up to 150 percent of the
Federal poverty level and meet certain asset tests.
Legislative History
On January 10, 2019, H.R. 448 was introduced by
Representative Cummings (MD-07) and referred to the Committee
on Energy and Commerce, and in addition to the Committees on
Ways and Means. It was subsequently referred to the
Subcommittee on Health that same day.
On September 25, 2019, the Subcommittee on Health held a
hearing on four bills including H.R. 448. The witnesses
included Robert Fowler, Ph.D., Professor Emeritus, Baldwin
Wallace University; Gerard Anderson, Ph.D., Professor, Johns
Hopkins Bloomberg School of Public Health; and Benedic
Ippolito, Ph.D., Research Fellow in Economic Policy Studies,
American Enterprise Institute.
No further action was taken on H.R. 448 in the 116th
Congress
Strengthening the Health Care Fraud Prevention Task Force of 2019
H.R. 525
To amend title XI of the Social Security Act to direct the
Secretary of Health and Human Services to establish a public-
private partnership for purposes of identifying health care
waste, fraud, and abuse.
Summary
This legislation codifies the Health Fraud Prevention
Partnership (HFPP), a public-private partnership between the
Federal Government, law enforcement, state health agencies,
private health insurance plans, and health care anti-fraud
associations. HFPP exchanges data and information between the
partners to combat fraud, waste, and abuse in the health care
sector. Eighty-five public, private, and state organizations
participated in HFPP in fiscal year 2017.
The discussion draft authorizes the HFPP and ensures
adequate transparency requirements are in place to enable HFPP
to fulfill its mission.
Legislative History
On January 11, 2019, H.R. 525 was introduced by
Representative Walden (OR-02), and referred to Committee on
Energy and Commerce, and in addition to the Committees on Ways
and Means. It was subsequently referred to the Subcommittee on
Health on January 25, 2019.
On February 25, 2019, the House considered H.R. 525 under a
motion to suspend the Rules and passed H.R. 525 by a voice
vote.
On February 26, 2019, H.R. 525 was received in the Senate,
read twice, and referred to the Committee on Finance.
There was no further action on H.R. 525 in the 116th
Congress.
Medical Cannabis Research Act of 2019
H.R. 601
To increase the number of manufacturers registered under
the Controlled Substances Act to manufacture cannabis for
legitimate research purposes, to authorize health care
providers of the Department of Veterans Affairs to provide
recommendations to veterans regarding participation in
federally approved cannabis clinical trials, and for other
purposes.
Summary
This legislation requires the Attorney General to assess
the supply of research grade cannabis and directs the Attorney
General to increase the number of federally registered cannabis
manufacturers for research purposes. The bill also allows
Department of Veterans Affairs health providers to provide
information to veterans about federally approved cannabis
clinical trials, and to participate in such trials if
registered under the CSA.
Legislative History
On January 16, 2019, H.R. 601 was introduced by
Representative Gaetz (FL-01), and referred to the Committee on
Energy and Commerce, and in addition to the Committees on the
Judiciary, and Veterans' Affairs. It was subsequently referred
to the Subcommittee on Health on January 25, 2019.
On January 15, 2020, the Subcommittee on Health held a
hearing on six bills, including H.R. 601. The witnesses
included Matthew J. Strait, Senior Policy Advisor, Diversion
Control Division, Drug Enforcement Administration; Douglas
Throckmorton, M.D., Deputy Director for Regulatory Programs,
Center for Drug Evaluation and Research, Food and Drug
Administration; and Nora D. Volkow, M.D., Director, National
Institute on Drug Abuse, National Institutes of Health.
No further action was taken on H.R. 601 in the 116th
Congress.
Title VIII Nursing Workforce Reauthorization Act of 2019
H.R. 728
To amend title VIII of the Public Health Service Act to
extend advanced education nursing grants to support clinical
nurse specialist programs, and for other purposes.
Summary
This legislation reauthorizes Federal nursing workforce
development grant programs administered by HRSA for each year
for fiscal years 2020 through 2024. These programs include
traineeships, loan repayment, and scholarships for nurses to
attain advance practice status and become nursing faculty. H.R.
728 also amends the statute to allow nurses to qualify for the
student loan repayment program regardless of facility status.
Legislative History
On January 23, 2019, H.R. 728 was introduced by
Representative Joyce (OH-14), and referred to the Committee on
Energy and Commerce. It was subsequently referred to the
Subcommittee on Health on January 25, 2019.
On July 11, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 728 and forwarded H.R. 728,
amended, to the Committee on Energy and Commerce by a voice
vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 728 and ordered H.R.
728, amended, reported favorably to the House by a voice vote.
On September 24, 2019, the Committee on Energy and Commerce
reported H.R. 728 to the House (H. Rept. 116-216), and it was
placed on the Union Calendar (Calendar No. 171).
On October 28, 2019, the House considered H.R. 728, under a
motion to suspend the Rules and passed H.R. 728 by a voice
vote.
On October 29, 2019, H.R. 728 was received by the Senate,
read twice, and was referred to the Senate Committee on Health,
Education, Labor, and Pensions.
No further action was taken on H.R. 728 in the 116th
Congress.
Medicare Mental Health Access Act
H.R. 884
To amend title XVIII of the Social Security Act to provide
for treatment of clinical psychologists as physicians for
purposes of furnishing clinical psychologist services under the
Medicare program.
Summary
This legislation would expand the definition of
``physician'' under the Medicare program to include a clinical
psychologist, but only with respect to the furnishing of
qualified psychologist services within the psychologist's scope
of practice.
Legislative History
On January 30, 2019, H.R. 884 was introduced by
Representative Chu (CA-27) and referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways
and Means. It was subsequently referred to the Subcommittee on
Health that same day.
On June 30, 2020, the Subcommittee on Health held a hearing
on 22 bills, including H.R. 884. The witnesses included former
Representative Patrick J. Kennedy, Founder, The Kennedy Forum;
Arthur C. Evans, Jr. Ph.D., Chief Executive Officer, American
Psychological Association; Jeffrey L. Geller, M.D., M.P.H.,
President, American Psychiatric Association, Professor of
Psychiatry and Director of Public Sector Psychiatry at the
University of Massachusetts Medical School, Worcester Recovery
Center and Hospital; and Arriana Gross, National Youth Advisory
Board Member, Sandy Hook Promise Students Against Violence
Everywhere (SAVE) Promise Club.
No further action was taken on H.R. 884 in the 116th
Congress.
Mental Health Access Improvement Act of 2019
H.R. 945
To amend title XVIII of the Social Security Act to provide
for the coverage of marriage and family therapist services and
mental health counselor services under part B of the Medicare
program, and for other purposes.
Summary
This legislation would provide for coverage of marriage and
family therapist services and mental health counselor services
under Medicare part B.
Legislative History
On January 31, 2019, H.R. 945 was introduced by
Representative Thompson (CA-05), and referred to the Committee
on Energy and Commerce, and in addition to the Committee on
Ways and Means. It was subsequently referred to the
Subcommittee on Health on February 1, 2019.
On June 30, 2020, the Subcommittee on Health held a hearing
on 22 bills, including H.R. 945. The witnesses included former
Representative Patrick J. Kennedy, Founder, The Kennedy Forum;
Arthur C. Evans, Jr. Ph.D., Chief Executive Officer, American
Psychological Association; Jeffrey L. Geller, M.D., M.P.H.,
President, American Psychiatric Association, Professor of
Psychiatry and Director of Public Sector Psychiatry at the
University of Massachusetts Medical School, Worcester Recovery
Center and Hospital; and Arriana Gross, National Youth Advisory
Board Member, Sandy Hook Promise Students Against Violence
Everywhere (SAVE) Promise Club.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 945 and
ordered H.R. 945, amended, reported favorably to the House by a
voice vote.
No further action was taken on H.R. 945 in the 116th
Congress.
Safeguard American Food Exports Act of 2019
H.R. 961
To prevent human health threats posed by the consumption of
equines raised in the United States.
Summary
This legislation amends the Federal Food, Drug, and
Cosmetic Act to deem equine parts, or horse parts, as unsafe
and to prohibit the knowing sale or transport of equines or
equine parts in interstate or foreign commerce for purposes of
human consumption.
Legislative History
On February 4, 2019, H.R. 961 was introduced by
Representative Schakowsky and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Agriculture.
On January 29, 2020, the Subcommittee on Health held a
hearing on 10 bills, including H.R. 961. The invited witnesses
included Jeff Allen, Ph.D., President and CEO, Friends of
Cancer Research; Richard Kaeser, Vice President, Global Brand
Protection, Johnson & Johnson; Fernando Muzzio, Ph.D.,
Distinguished Professor, Chemical and Biochemical Engineering,
Rutgers, the State University of New Jersey; Kao-Ping Chua,
M.D., Ph.D., Assistant Professor, Department of Pediatrics,
University of Michigan Medical School; Melanie Benesh,
Legislative Attorney, Environmental Working Group; Tom Balmer,
Executive Vice President, National Milk Producers Federation;
J. David Carlin, Senior Vice President of Legislative Affairs
and Economic Policy, International Dairy Foods Association,
Douglas Corey, D.V.M., Past President, American Association of
Equine Practitioners; Talia Day, Patient Advocate; Paul C.
DeLeo, Ph.D., Principal, Integral Consulting, Inc.; Mardi
Mountford, President, Infant Nutrition Council of America;
Nancy Perry, Senior Vice President, Government Relations,
American Society for the Prevention of Cruelty to Animals; and
Sarah Sorscher, Deputy Director of Regulatory Affairs, Center
for Science in the Public Interest.
No further action was taken on H.R. 961 in the 116th
Congress.
Protecting Americans With Preexisting Conditions Act of 2019
H.R. 986
To provide that certain guidance related to waivers for
State Innovation under the Patient Protection and Affordable
Care Act shall have no force or effect.
Summary
This legislation would revoke the section 1332 guidance
issued by the Trump Administration in October 2018. The bill
would also prevent the Secretaries of HHS and Treasury from
promulgating any substantially similar guidance or rule.
Legislative History
On February 6, 2019, H.R. 986 was introduced by
Representative Kuster and referred to the Committee on Energy
and Commerce, and in addition to the Committee on Ways and
Means. It was subsequently referred to the Subcommittee on
Health on February 7, 2019.
On February 13, 2019, the Subcommittee on Health held a
hearing on four bills, including H.R. 986. The witnesses
included Grace-Marie Turner, President, Galen Institute; Katie
Keith, J.D., M.P.H., Associate Research Professor and Adjunct
Professor of Law, Georgetown University; and Jessica K. Altman,
Commissioner, Pennsylvania Insurance Department.
On March 27, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 986 and forwarded H.R. 986,
without amendment, to the Committee on Energy and Commerce by a
recorded vote of 19 yeas and 13 nays.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 986 and ordered H.R.
986, amended, reported favorably to the House by a voice vote.
On April 30, 2019, the Committee on Energy and Commerce
filed a House report on H.R. 986 (H. Rept. 116-44) and the bill
was placed on the Union Calendar (Calendar No. 22).
On May 9, 2019, the House considered H.R. 986 under the
provisions of H. Res. 357 and passed H.R. 986, amended, by a
roll call vote of 230 yeas, 183 nays, and 1 present (Roll Call
No. 196).
On May 14, 2019, H.R. 986 was received by the Senate, read
the first time, and placed on the Senate Legislative Calendar
under Read the First Time. On May 15, 2019, H.R. 986 was read
the second time and placed on the Senate Legislative Calendar
under General Orders (Calendar No. 90).
There was no further action taken on H.R. 986 in the 116th
Congress.
Strengthening Health Care and Lowering Prescription Drug Costs Act
H.R. 987
(H.R. 938, H.R. 965, H.R. 1010, H.R. 1385, H.R. 1386, AND H.R. 1499)
To amend the Patient Protection and Affordable Care Act to
provide for Federal Exchange outreach and educational
activities.
Summary
This legislation would require HHS to conduct consumer
outreach and enrollment educational activities for the
Affordable Care Act (ACA) marketplaces. The legislation would
fund these activities at $100 million per year. The bill
further prohibits HHS from expending the funds on promoting
plans that do not provide comprehensive consumer protections,
including short-term, limited duration insurance (STLDI) plans
and association health plans.
This legislation discourages parking of 180-day exclusivity
by a first generic drug applicant. It allows the FDA to approve
a subsequent generic drug application prior to the first
generic applicant's first date of commercial marketing when the
following four conditions are all met: (1) the subsequent
generic drug application is ready for full approval; (2) a
minimum of 30 months has passed since at least one first
generic drug applicant submitted their application for the
drug; (3) any related patent litigation has been fully
resolved; and (4) no first applicant has received final
approval.
This legislation would fund the Navigator program for the
federally-facilitated marketplace (FFM) at $100 million per
year. The bill would require HHS to ensure that Navigator
grants are awarded to organizations with a demonstrated
capacity to carry out the duties specified in the ACA and would
reinstate the requirement that there be at least two Navigator
entities in each state. The legislation would further give
Navigators new duties pertaining to enrolling individuals in
Medicaid and the Children's Health Insurance Program, and it
would allow Navigators to provide their services year-round.
Lastly, the bill would prohibit HHS from taking an entity's
capacity to provide information regarding association health
plans or short-term, limited duration insurance (STLDI) into
account in awarding grants.
This legislation would provide States with $200 million in
Federal funds to establish State-based marketplaces in States
that have not already elected to do so. This legislation
prohibits brand-name drug manufacturers from compensating
generic drug manufacturers to delay entry of a generic drug
product into the market and prohibit biological product
manufacturers from compensating biosimilar and interchangeable
product manufacturers to delay entry of biosimilar and
interchangeable products into the market and enables the FTC to
take enforcement action related to violations of this
prohibition.
Legislative History
On February 6, 2019, H.R. 987 was introduced by
Representative Blunt Rochester and referred to the Committee on
Energy and Commerce, and in addition to the Committee on the
Budget. It was subsequently referred to the Subcommittee on
Health on February 7, 2019.
On February 13, 2019, the Subcommittee on Health held a
hearing on four bills, including H.R. 987. The witnesses
included Grace-Marie Turner, President, Galen Institute; Katie
Keith, J.D., M.P.H., Associate Research Professor and Adjunct
Professor of Law, Georgetown University; and Jessica K. Altman,
Commissioner, Pennsylvania Insurance Department.
On March 27, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 987 and forwarded H.R. 987,
without amendment, to the Committee on Energy and Commerce by a
voice vote.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 987 and ordered H.R.
987, amended, reported favorably to the House by a recorded
vote of 30 yeas and 22 nays.
On May 10, 2019, the Committee on Energy and Commerce
reported H.R. 987 to the House (H. Rept. 116-53) and the bill
was placed on the Union Calendar (Calendar No. 31).
On May 16, 2019, the House considered H.R. 987 under the
provisions of rule H. Res. 377 and passed H.R. 987, amended, by
a recorded call vote of 234 yeas and 183 nays (Roll Call No.
214).
On May 20, 2019, H.R. 987 was received by the Senate, read
twice, and referred to the Senate Committee on Health,
Education, Labor, and Pensions.
There was no further action on H.R. 987 in the 116th
Congress.
On January 31, 2019, H.R. 938, the ``BLOCKING Act of
2019'', was introduced by Representative Schrader and referred
to the Committee on Energy and Commerce. The bill was
subsequently referred to Subcommittee on Health on February 2,
2019.
On March 19, 2019, the Subcommittee on Health held a
hearing on seven bills, including H.R. 938. The witnesses
included Lou Kennedy, CEO and Owner, Nephron Pharmaceuticals;
Anthony Barruetay, Senior Vice President, Government Relations,
Kaiser Permanente; Michael Carrier, Distinguished Professor,
Rutgers Law School; Kurt Karst, Director, Hyman, Phelps &
McNamara, P.C.; Jeff Kushan, Partner, Sidley Austin LLP; Marc
M. Boutin, J.D., Chief Executive Officer, National Health
Council; and Chester ``Chip'' Davis, Jr., President and CEO,
Association for Accessible Medicines (AAM).
On March 27, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 938 and forwarded H.R. 938,
without amendment, to the Committee on Energy and Commerce by a
voice vote.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 938 and ordered H.R.
938, without amendment, reported favorably to the House by a
voice vote.
On May 2, 2019, the Committee on Energy and Commerce
reported H.R. 938 to the House (H. Rept. 116-46) and H.R. 938
was placed on the Union Calendar (Calendar No. 24).
On February 5, 2019, H.R. 965, the ``CREATES Act of 2019'',
was introduced by Representative Cicilline, and referred to
Committee on Energy and Commerce, and in addition to the
Committee on the Judiciary. The bill was subsequently referred
to the Subcommittee on Health on February 6, 2019.
On March 19, 2019, the Subcommittee on Health held a
hearing on seven bills, including H.R. 965.
On March 27, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 965 and forwarded H.R. 965,
amended, to the Committee on Energy and Commerce by a voice
vote.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 965 and ordered H.R.
965, amended, reported favorably to the House by a recorded
vote of 50 yeas and 0 nays.
On May 10, 2019, the Committee on Energy and Commerce
reported H.R. 965 to the House (H. Rept. 116-55, Part I) and
the bill was placed on the Union Calendar (Calendar No. 33).
On March 5, 2019, H.R. 1499, the ``Protecting Consumer
Access to Generic Drugs Act of 2019'', was introduced by
Representative Rush, and referred to the Committee on Energy
and Commerce, and in addition to the Committee on the
Judiciary. The bill was subsequently referred to the
Subcommittee on Health on March 6, 2019.
On March 19, 2019, the Subcommittee on Health held a
hearing on seven bills, including H.R. 1499.
On March 27, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 1499 and forwarded H.R. 1499,
amended, to the Committee on Energy and Commerce by a voice
vote.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1499 and ordered H.R.
1499 reported favorably to the House, amended, by a voice vote.
On May 10, 2019, the Committee on Energy and Commerce
reported H.R. 965 to the House (H. Rept. 116-52) and the bill
was placed on the Union Calendar (Calendar No. 30).
On February 6, 2019, H.R. 1010, a bill to provide that the
rule entitled ``Short-Term, Limited Duration Insurance'' shall
have no force or effect, was introduced by Representative Rush
and referred to the Committee on Energy and Commerce, and in
addition to the Committees on Education and Labor, and Ways and
Means. The bill was subsequently referred to the Subcommittee
on Health on February 7, 2019.
On February 13, 2019, the Subcommittee on Health held a
hearing on four bills, including H.R. 1010.
On March 27, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 1010 and forwarded H.R. 1010 to
the Committee on Energy and Commerce, without amendment, by a
record vote of 19 yeas and 13 nays.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1010 and ordered the
bill reported favorably to the House, without amendment, by a
recorded vote of 30 yeas and 22 nays.
On May 10, 2019, the Committee on Energy and Commerce
reported H.R. 1010 to the House (H. Rept. 116-43, Part II) and
the bill was placed on the Union Calendar (Calendar No. 29).
On February 27, 2019, H.R. 1385, the ``SAVE Act'', was
introduced by Representative Kim (NJ-03), and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Health on March 1, 2019.
On March 27, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 1385 and forwarded H.R. 1385
favorably to the Committee on Energy and Commerce by a voice
vote.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1385 and ordered H.R.
1385 reported favorably to the House, amended, by a recorded
vote of 29 yeas and 22 nays.
On May 10, 2019, the Committee on Energy and Commerce
reported H.R. 1385 to the House (H. Rept. 116-49, Part II) and
the bill was placed on the Union Calendar (Calendar No. 27).
No further action was taken on the bills H.R. 938, H.R.
965, H.R. 1010, H.R. 1385, and H.R. 1499 in the 116th Congress.
Provisions of H.R. 938, H.R. 965, H.R. 1010, H.R. 1385, and
H.R. 1499 were included in H.R. 987.
Medicare Negotiation and Competitive Licensing Act of 2019
H.R. 1046
To amend title XVIII of the Social Security Act to require
the Secretary of Health and Human Services to negotiate prices
of prescription drugs furnished under part D of the Medicare
program.
Summary
This legislation would require the Secretary of HHS to
negotiate prices for all drugs covered under part D and take
into account certain factors when negotiating, including
comparative clinical effectiveness and cost effectiveness; the
budgetary impact of providing coverage of such drug; the
financial burden on patients; unmet patient need for a drug;
and total revenues and associated investment in research and
development. Should the Secretary be unable to successfully
negotiate an appropriate price for a covered part D drug, the
Secretary shall authorize the use of any patent, clinical trial
data, or other exclusivity granted by the Federal Government
for the purposes of manufacturing such drug for sale by a PDP.
The manufacturer may seek recovery for reasonable compensation
in the United States Court of Federal Claims. In the interim
period wherein a third party seeks approval for a drug subject
to a compulsory license from the FDA, the bill would require
that PDPs pay no more than the average price of the drug in ten
Organization for Economic Cooperation and Development (OECD)
countries.
Legislative History
On February 7, 2019, H.R. 1046 was introduced by
Representative Doggett (TX-35), and referred to the Committee
on Energy and Commerce, and in addition to the Committee on
Ways and Means. It was subsequently referred to the
Subcommittee on Health on February 8, 2020.
On September 25, 2019, the Subcommittee on Health held a
legislative hearing on four bills, including H.R. 1046. The
witnesses included Robert Fowler, Ph.D., Professor Emeritus,
Baldwin Wallace University; Gerard Anderson, Ph.D., Professor,
Johns Hopkins Bloomberg School of Public Health; and Benedic
Ippolito, Ph.D., Research Fellow in Economic Policy Studies,
American Enterprise Institute.
No further action was taken on H.R. 1046 in the 116th
Congress.
Mental Health Services for Students Act of 2020
H.R. 1109
To amend the Public Health Service Act to revise and extend
projects relating to children and to provide access to school-
based comprehensive mental health programs.
Summary
This legislation expands and increases funding for existing
Substance Abuse and Mental Health Administration (SAMHSA)
grants to fund a comprehensive mental health program at schools
throughout the country. The program funds grants that allow for
prevention screening for social, emotional, mental, and
behavioral issues, including suicide or substance use
disorders; treatment and referral for these issues; development
of evidence-based programs for students experiencing these
issues; and other strategies for schools to treat students.
Legislative History
On February 8, 2019, H.R. 1109 was introduced by
Representative Napolitano (CA-32), and referred to the
Committee on Energy and Commerce. It was subsequently referred
to the Subcommittee on Health on February 9, 2019.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 1109. The
witnesses included former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
On September 9, 2020, the Committee on Energy and Commerce
met in open markup session and forwarded H.R. 1109, amended, to
the House by a voice vote.
On September 29, 2020, the Committee on Energy and Commerce
filed a House report on H.R. 1109 (H. Rept. 116-553) and the
bill was placed on the Union Calendar (Calendar No. 453). That
same day, the House considered H.R. 1109 under a motion to
suspend the Rules and passed the bill by a voice vote.
On September 30, 2020, H.R. 1109 was received by the
Senate, read twice, and referred to the Senate Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 1109 in the 116th
Congress.
Educating Consumers on the Risks of Short Term Plans Act of 2019
H.R. 1143
To amend title XXVII of the Public Health Service Act to
require a health insurance issuer offering short-term limited
duration insurance to include a standardized disclosure and
certain information with respect to coverage exclusions and
premium variations in marketing, application, and enrollment
materials distributed in connection with such insurance and
prohibiting the sale of such insurance during certain periods.
Summary
This legislation would require short-term limited duration
insurance (STLDI) issuers to disclose the risks of STLDI to
prospective consumers, including disclosure that STLDI may not
cover pre-existing conditions, may not cover the costs of
medical services, and that coverage may be rescinded if the
individual seeks treatment for a pre-existing condition. The
bill further prohibits insurers from enrolling individuals in
STLDI during the ACA's annual Open Enrollment period.
Legislative History
On February 11, 2019, H.R. 1143 was introduced by
Representative Eshoo, and referred to the Committee on Energy
and Commerce. It was subsequently referred to the Subcommittee
on Health on February 12, 2019.
On February 13, 2019, the Subcommittee on Health held a
legislative hearing on four bills, including H.R. 1143. The
witnesses included Grace-Marie Turner, President, Galen
Institute; Katie Keith, J.D., M.P.H., Associate Research
Professor and Adjunct Professor of Law, Georgetown University;
and Jessica K. Altman, Commissioner, Pennsylvania Insurance
Department.
No further action was taken on H.R. 1143 in the 116th
Congress.
Veterans Medical Marijuana Safe Harbor Act
H.R. 1151
To allow veterans to use, possess, or transport medical
marijuana and to discuss the use of medical marijuana with a
physician of the Department of Veterans Affairs as authorized
by a State or Indian Tribe, and for other purposes.
Summary
This legislation amends the CSA to include a safe harbor
provision for veterans to use, possess, or transport medical
marijuana. The bill also allows physicians to discuss medical
marijuana treatment with veterans and allows physicians to
recommend a veteran participate in medical marijuana treatment
programs approved by State or tribal laws. The bill also
directs the Secretary of Veterans Affairs to conduct a study on
the effects of medical marijuana on veterans in pain.
Legislative History
On February 12, 2019, H.R. 1151 was introduced by
Representative Barbara Lee (CA-13), and referred to the
Committee on Energy and Commerce, and in addition to the
Committees on the Judiciary, and Veterans' Affairs, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned. It was subsequently
referred to the Subcommittee on Health on February 13, 2019.
On January 15, 2020, the Subcommittee on Health held a
legislative hearing on six bills, including H.R. 1151. The
witnesses included Matthew J. Strait, Senior Policy Advisor,
Diversion Control Division, Drug Enforcement Administration;
Douglas Throckmorton, M.D., Deputy Director for Regulatory
Programs, Center for Drug Evaluation and Research, Food and
Drug Administration; and Nora D. Volkow, M.D., Director,
National Institute on Drug Abuse, National Institutes of
Health.
No further action was taken on H.R. 1151 in the 116th
Congress.
State Public Option Act
H.R. 1277
To establish a State public option through Medicaid to
provide Americans with the choice of a high-quality, low-cost
health insurance plan.
Summary
This legislation would authorize states to offer a Medicaid
buy-in on the Marketplace that would cover the 10 essential
health benefits. States would be authorized to charge premiums,
deductibles, and cost-sharing, and beneficiaries would be
eligible for the advance premium tax credits and cost-sharing
subsidies, subject to the same limitations as exist for a
qualified health plan (QHP) currently offered on the ACA
Marketplace. States would receive a 90 percent Federal medical
assistance percentage (FMAP) for the administrative costs of
establishing and operating the buy-in.
Legislative History
On February 14, 2019, H.R. 1277 was introduced by
Representative Lujan (NM-03), and referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways
and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned. It was
subsequently referred to the Subcommittee on Health on February
15, 2019.
On December 10, 2019, the Subcommittee on Health held a
legislative hearing on nine bills including H.R. 1277. The
witnesses included Representative Pramila Jayapal (D-WA),
Member of Congress; Representative Rosa L. DeLauro (D-CT),
Member of Congress; Representative Brian Higgins (D-NY), Member
of Congress; Representative Antonio Delgado, Member of
Congress; Representative Tom Malinowski (D-NJ), Member of
Congress; Sarah Rosenbaum, J.D., Harold and Jane Hirsh
Professor of Health Law and Policy, George Washington
University Milken Institute School of Public Health; Peter
Morley, Patient Advocate; Jean Ross, RN, President, National
Nurses United; Douglas Holtz-Eakin, Ph.D., President, American
Action Forum; and Scott W. Atlas, M.D., David and Joan Traitel
Senior Fellow, Hoover Institution, Stanford University.
No further action was taken on H.R. 1277 in the 116th
Congress.
Medicaid Reentry Act
H.R. 1329
To amend title XIX of the Social Security Act to allow for
medical assistance under Medicaid for inmates during the 30-day
period preceding release from a public institution.
Summary
This legislation would allow Medicaid payment for medical
services furnished to an incarcerated individual during the 30-
day period preceding the individual's release.
Legislative History
On February 25, 2019, H.R. 1329 was introduced by
Representative Tonko (NY-20), and referred to the Committee on
Energy and Commerce. It was subsequently referred to the
Subcommittee on Health on February 26, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 14 bills, including H.R. 1329. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
No further action was taken on H.R. 1329 in the 116th
Congress.
Medicare Buy-in and Health Care Stabilization Act of 2019
H.R. 1346
To amend title XVIII of the Social Security Act to provide
for an option for individuals who are ages 50 to 64 to buy into
Medicare, to provide for health insurance market stabilization,
and for other purposes.
Summary
This legislation would allow for individuals ages 50-64 to
buy-in to Medicare. The coverage would be treated as coverage
provided by a QHP offered on the ACA Marketplace and
individuals would be eligible for the advance premium tax
credits and cost-sharing subsidies. The bill would enhance
cost-sharing subsidies for all ACA Marketplace enrollees.
States would be prohibited from purchasing Medicare buy-in
coverage on behalf of Medicaid eligible individuals ages 50-64.
H.R. 1346 would also permit the Secretary of HHS to negotiate
drug prices for Medicare and for the buy-in plan, create a new
voluntary public Medigap option, establish a reinsurance
program for the individual market, and reinstate the ACA's risk
corridor program through 2024.
Legislative History
On February 25, 2019, H.R. 1346 was introduced by
Representative Higgins (NY-26), and referred to the Committee
on Ways and Means, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned. It was
subsequently referred to the Subcommittee on Health on February
26, 2019.
On December 10, 2019, the Subcommittee on Health held a
legislative hearing on nine bills, including H.R. 1346. The
witnesses included Representative Pramila Jayapal (D-WA),
Member of Congress; Representative Rosa L. DeLauro (D-CT),
Member of Congress; Representative Brian Higgins (D-NY), Member
of Congress; Representative Antonio Delgado (D-NY), Member of
Congress; Representative Tom Malinowski (D-NJ), Member of
Congress; Sarah Rosenbaum, J.D., Harold and Jane Hirsh
Professor of Health Law and Policy, George Washington
University Milken Institute School of Public Health; Peter
Morley, Patient Advocate; Jean Ross, RN, President, National
Nurses United; Douglas Holtz-Eakin, Ph.D., President, American
Action Forum; and Scott W. Atlas, M.D., David and Joan Traitel
Senior Fellow, Hoover Institution, Stanford University.
No further action was taken on H.R. 1346 in the 116th
Congress.
Ensuring Lasting Smiles Act
H.R. 1379
To amend the Public Health Service Act, the Employee
Retirement Income Security Act of 1974, and the Internal
Revenue Code of 1986 to require that group and individual
health insurance coverage and group health plans provide
coverage for treatment of a congenital anomaly or birth defect.
Summary
This legislation would require all individual and group
market health insurance plans to cover medically necessary
treatment resulting from congenital anomalies or birth defects.
The bill requires plans to provide coverage for any service or
treatment that is medically necessary to restore or achieve a
normal appearance or function of the body.
Legislative History
On February 26, 2019, H.R. 1379 was introduced by
Representative Peterson (MN-07), and referred to the Committee
on Energy and Commerce, and in addition to the Committees on
Ways and Means, and Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned. H.R. 1379 was
subsequently referred to the Subcommittee on Health on February
27, 2019.
On January 8, 2020, the Subcommittee on Health held a
legislative hearing on seven bills, including H.R. 1379. The
witnesses included Lee Beers, M.D., President-Elect, American
Academy of Pediatrics; Kenneth Mendez, President and Chief
Executive Officer, Asthma and Allergy Foundation of America;
Stephanie Zarecky, Mother of Scarlett Pauley, Ambassador
Program and Public Relations Manager, SUDC Foundation; Matthew
Cooper, M.D., Director, Kidney and Pancreas Transplantation,
Medical Director, QAPI, Medstar Georgetown Transplant
Institute, Professor of Surgery, Georgetown University School
of Medicine; Kevin Koser, Patient Advocate, on behalf of the
National Foundation for Ectodermal Dysplasias; and Fred
Riccardi, President, Medicare Rights Center.
On February 26, 2020, Representative Peterson filed a
motion to place H.R. 1370 on the Consensus Calendar.
On March 11, 2020, the Subcommittee on Health met in open
markup session to consider H.R. 1379 and forwarded H.R. 1379,
amended, to the Committee on Energy and Commerce by a voice
vote.
On September 9, 2020, the Committee on Energy and Commerce
met in open markup session and forwarded H.R. 1379, amended, to
the House by a voice vote.
No further action was taken on H.R. 1379 in the 116th
Congress.
Medicare For All Act of 2019
H.R. 1384
To establish an improved Medicare for All national health
insurance program.
Summary
This legislation would create a national health insurance
program for all United States residents. The national program
would replace the current Medicare program, Medicaid, CHIP and
private health insurance for covered services. The bill would
not change coverage provided by the Indian Health Service or
Department of Veterans Affairs. Individuals would pay no
premiums or cost sharing for covered services. One year after
enactment, individuals over the age of 55 and under 19 would be
eligible to enroll and two years after enactment all U.S.
residents would be eligible to enroll. H.R. 1384 would also
permit the Secretary of HHS to negotiate drug prices and issue
compulsory licenses to allow generic production if negotiation
fails.
Legislative History
On February 27, 2019, H.R. 1384 was introduced by
Representative Jayapal (WA-07) and referred to the Committee on
Energy and Commerce, and in addition to the Committees on Ways
and Means, Education and Labor, Rules, Oversight and Reform,
and Armed Services. It was subsequently referred to the
Subcommittee on Health on February 28, 2019.
On December 10, 2019, the Subcommittee on Health held a
legislative hearing on nine bills, including H.R. 1384. The
witnesses included the Representative Jayapal, Member of
Congress; the Honorable Rosa L. DeLauro (CT-03), Member of
Congress; Representative Higgins (NY-26), Member of Congress;
Representative Delgado (NY-19), Member of Congress;
Representative Malinowski (NJ-07), Member of Congress; Sara
Rosenbaum, J.D., Harold and Jane Hirsh Professor of Health Law
and Policy, George Washington University Milken Institute
School of Public Health; Peter Morley, Patient Advocate; Jean
Ross, RN, President, National Nurses United; Douglas Holtz-
Eakin, Ph.D., President, American Action Forum; and Scott W.
Atlas, M.D., David and Joan Traitel Senior Fellow, Hoover
Institution, Stanford University.
No further action was taken on H.R. 1384 in the 116th
Congress.
Patient Protection and Affordable Care Enhancement Act
H.R. 1425 (H.R. 584, H.R. 1879, H.R. 4821, H.R. 6149, H.R. 6151, H.R.
1385, H.R. 1386, H.R. 987, H.R. 986, H.R. 6135, AND H.R. 6136)
To amend the Patient Protection and Affordable Care Act to
provide for a Improve Health Insurance Affordability Fund to
provide for certain reinsurance payments to lower premiums in
the individual health insurance market.
Summary
This legislation would provide $10 billion annually to
states, with the option for states to establish a state
reinsurance program or to provide financial assistance for
individuals enrolled in qualified health plans by reducing
their out-of-pocket costs. The bill would further require the
Centers for Medicare and Medicaid Services (CMS) to establish
and implement a reinsurance program in states that do not apply
for Federal funding. The bill would set a state's allocation
amount based on the state's share of claims of high-cost
enrollees. It would provide permanent funding for the
Children's Health Insurance Program (CHIP), provide a temporary
FMAP increase to states that take up Medicaid expansion,
increase transparency on state uninsured rates, authorize 12
months of continuous eligibility in Medicaid and CHIP, require
12 months of Medicaid eligibility postpartum, and restore
Medicaid eligibility to citizens of the Freely Associated
States (FAS).
This legislation would provide states with $200 million in
Federal funds to establish state-based marketplaces in states
that have not already elected to do so.
This legislation would also fund the Navigator program for
the federally-facilitated marketplace (FFM) at $100 million per
year. The bill would require HHS to ensure that Navigator
grants are awarded to organizations with a demonstrated
capacity to carry out the duties specified in the ACA and would
reinstate the requirement that there be at least two Navigator
entities in each state. The legislation would further give
Navigators new duties pertaining to enrolling individuals in
Medicaid and the Children's Health Insurance Program, and it
would allow Navigators to provide their services year-round.
Lastly, the legislation would prohibit HHS from taking an
entity's capacity to provide information regarding association
health plans or short-term, limited duration insurance (STLDI)
into account in awarding grants.
Additionally, this legislation would require HHS to conduct
consumer outreach and enrollment educational activities for the
ACA marketplaces. The legislation would fund these activities
at $100 million per year. The bill further prohibits HHS from
expending the funds on promoting plans that do not provide
comprehensive consumer protections, including short-term,
limited duration insurance (STLDI) plans and association health
plans.
The legislation would also revoke the section 1332 guidance
issued by the Trump Administration in October 2018. The bill
would also prevent the Secretaries of HHS and Treasury from
promulgating any substantially similar guidance or rule. The
legislation requires CMS to promulgate quantitative network
adequacy standards for qualified health plans on the FFM.
The legislation requires HHS or the state regulatory
authority to ensure that any excessive, unjustified, or
unfairly discriminatory rates on the Marketplaces are corrected
before, or as soon as possible after, implementation, including
through mechanisms such as denying rates, modifying rates, or
requiring rebates to consumers. The legislation provides HHS
the authority to apply civil monetary penalties to health
insurers that fail to comply with a corrective action taken by
HHS.
The legislation requires a GAO report examining whether HHS
has been conducting maintenance of www.healthcare.gov during
annual open enrollment in order to minimize any disruptions to
the use of the website. It would require HHS to be transparent
in the Administration's use of the FFM user fee, and requires
HHS to report on the FFM enrollment metrics and submit open
enrollment after action reports. The legislation provides $200
million a year for two years in funding for states to conduct
feasibility studies, pilot programs, technology upgrades, and
other efforts to encourage enrollment in the individual and
small group markets.
Legislative History
On February 28, 2019, H.R. 1425 was introduced by
Representative Craig (MN-02), and referred to the Committee on
Energy and Commerce. It was subsequently referred to the
Subcommittee on Health on March 1, 2019.
On March 6, 2019, the Subcommittee on Health held a
legislative hearing on three bills, including H.R. 1425. The
witnesses included Peter Lee, Executive Director, Covered
California; Audrey Morse Gasteier, Chief of Policy,
Massachusetts Health Connector; and J.P. Wieske, Vice
President, State Affairs, Council for Affordable Health
Coverage.
On March 27, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 1425 and forwarded H.R. 1425,
amended, to the Committee on Energy and Commerce by a recorded
vote of 18 yeas and 13 nays.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1425. On April 4, 2019,
the Committee on Energy and Commerce ordered H.R. 1425,
amended, reported favorably to the House by a recorded vote of
30 yeas and 22 nays.
On March 9, 2020, the Committee on Energy and Commerce
reported H.R. 1425 to the House (H. Rept. 116-414) and the bill
was placed on the Union Calendar (Calendar No. 334).
On June 29, 2020, the House considered H.R. 1425 under the
provisions of H. Res. 1017 and H.R. 1425 passed the House, as
amended, by a recorded vote of 234 yeas and 179 nays (Roll Call
No. 124).
On June 30, 2020, H.R. 1425 was received by the Senate. On
August 13, 2020, H.R. 1425 was read the first time and placed
on the Senate Legislative Calendar under Read the First Time.
On September 8, 2020, H.R. 1425 was read the second time and
placed on the Senate Legislative Calendar under General Orders,
Calendar No. 523.
There was no further action on H.R. 1425 in the 116th
Congress.
H.R. 1425 included provisions from the following bills:
H.R. 584, the ``Incentivizing Medicaid Expansion Act of 2019'',
introduced by Representative Veasey; H.R. 1879, the ``Stabilize
Medicaid and CHIP Coverage Act'', introduced by Representative
Kennedy; H.R. 4821, the ``Covering our FAS Allies Act'',
introduced by Representative Cardenas; H.R. 6149, the
``Medicaid REACH Act'', introduced by Representative Cunningham
(SC 01); H.R. 6151, the ``CARING for Kids Act'', introduced by
Representative Finkenauer; H.R. 1385, the ``SAVE Act'',
introduced by Representative Kim; H.R. 1386, the ``ENROLL Act
of 2019'', introduced by Representative Castor; H.R. 987, the
``Strengthening Health Care and Lowering Prescription Drug
Costs Act'', introduced by Representative Blunt Rochester; H.R.
986, the ``Protecting Americans with Preexisting Conditions Act
of 2019'', introduced by Representative Kuster; H.R. 6135, the
``No More Narrow Networks Act of 2020'', introduced by
Representative Schakowsky; and H.R. 6136, the ``Protecting
Consumers from Unreasonable Rates Act of 2020'', introduced by
Representative Schakowsky.
Orange Book Transparency Act of 2019
H.R. 1503
To amend the Federal Food, Drug, and Cosmetics Act
regarding the list under section 505(j)(7) of the Federal Food,
Drug, and Cosmetics Act, and for other purposes.
Summary
This legislation requires manufacturers to share complete
and timely information with FDA regarding patents for their
drug products, as well as ensuring that patents listed in the
Orange Book are relevant to the approved drug product. Patents
found to be invalid through a court decision or a decision by
the Patent Trial and Appeal Board would be required to be
removed promptly. FDA is also directed to reconsider the types
of patents that should be listed in the Orange Book within one
year of enactment.
Legislative History
On March 5, 2019, H.R. 1503 was introduced by
Representative Kelly (IL-02), and referred to the Committee on
Energy and Commerce. It was subsequently referred to the
Subcommittee on Health on March 6, 2019.
On March 13, 2019, the Subcommittee on Health held a
legislative hearing on seven bills, including H.R. 1503. The
witnesses included Lou Kennedy, CEO and Owner, Nephron
Pharmaceuticals; Anthony Barrueta, Senior Vice President,
Government Relations, Kaiser Permanente; Michael Carrier,
Distinguished Professor, Rutgers Law School; Kurt Karst,
Director, Hyman, Phelps & McNamara, P.C.; Jeff Kushan, Partner,
Sidley Austin LLP; Marc M. Boutin, J.D., Chief Executive
Officer, National Health Council; and Chester ``Chip'' Davis,
Jr., President and CEO, Association for Accessible Medicines
(AAM).
On March 27, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 1503 and forwarded H.R. 1503,
amended, to the Committee on Energy and Commerce by a voice
vote.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1503 and ordered H.R.
1503, amended, reported favorably to the House by a voice vote.
On May 2, 2019, the Committee on Energy and Commerce
reported H.R. 1503 to the House (H. Rept. 116-47) and the bill
was placed on the Union Calendar (Calendar No. 25).
On May 8, 2019, the House considered H.R. 1503, under a
motion to suspend the Rules and passed H.R. 1503 by a recorded
vote of 422 yeas and 0 nays (Roll Call No. 187).
On May 9, 2019, H.R. 1503 was received by the Senate, read
twice, and referred to the Senate Committee on Health,
Education, Labor, and Pensions.
On December 7, 2020, the Senate passed H.R. 1503 with an
amendment by unanimous consent.
On December 10, 2020, the House agreed to the Senate
amendment to H.R. 1503 by unanimous consent.
On December 24, 2020, H.R. 1503 was presented to the
President.
H.R. 1503, as approved by the House and the Senate, was
pending action by the President at the time this report was
filed.
Fair Generics Act
H.R. 1506
To amend the Federal Food, Drug, and Cosmetics Act to
ensure that valid generic drugs may enter the market.
Summary
This legislation allows any generic filer who wins a patent
challenge in court or is not sued for patent infringement by
the brand manufacturer to share in the 180-day exclusivity
period of first applicants that enter into patent settlements
that delay entry. It also holds such first applicants to the
launch date that was agreed to in any patent settlement
agreement.
Legislative History
On March 5, 2019, H.R. 1506 was introduced by
Representative Barragan (CA-44), and referred to the Committee
on Energy and Commerce, and in addition to the Committee on the
Judiciary. It was subsequently referred to the Subcommittee on
Health on March 6, 2019.
On March 13, 2019, the Subcommittee on Health held a
legislative hearing on seven bills, including H.R. 1506. The
witnesses included Lou Kennedy, CEO and Owner, Nephron
Pharmaceuticals; Anthony Barrueta, Senior Vice President,
Government Relations, Kaiser Permanente; Michael Carrier,
Distinguished Professor, Rutgers Law School; Kurt Karst,
Director, Hyman, Phelps & McNamara, P.C.; Jeff Kushan, Partner,
Sidley Austin LLP; Marc M. Boutin, J.D., Chief Executive
Officer, National Health Council; and Chester ``Chip'' Davis,
Jr., President and CEO, Association for Accessible Medicines
(AAM).
No further action was taken on H.R. 1506 in the 116th
Congress.
Purple Book Continuity Act of 2019
H.R. 1520
To amend the Public Health Service Act to provide for the
publication of a list of licensed biological products, and for
other purposes.
Summary
The legislation amends the PHSA to codify publication of
approved biological product patents in the Purple Book in a
similar format and with similar requirements to the Orange
Book, specifies that the Purple Book should be published
electronically on FDA's website and updated routinely, and
directs FDA to consider the types of patents that should be
listed in the Purple Book.
Legislative History
On March 5, 2019, H.R. 1520 was introduced by
Representative Eshoo, and referred to the Committee on Energy
and Commerce. It was subsequently referred to the Subcommittee
on Health on March 6, 2019.
On March 13, 2019, the Subcommittee on Health held a
legislative hearing on seven bills, including H.R. 1520. The
witnesses included Lou Kennedy, CEO and Owner, Nephron
Pharmaceuticals; Anthony Barrueta, Senior Vice President,
Government Relations, Kaiser Permanente; Michael Carrier,
Distinguished Professor, Rutgers Law School; Kurt Karst,
Director, Hyman, Phelps & McNamara, P.C.; Jeff Kushan, Partner,
Sidley Austin LLP; Marc M. Boutin, J.D., Chief Executive
Officer, National Health Council; and Chester ``Chip'' Davis,
Jr., President and CEO, Association for Accessible Medicines
(AAM).
On March 27, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 1520 and forwarded H.R. 1520,
amended, to the Committee on Energy and Commerce by a voice
vote.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1520 and ordered H.R.
1520, amended, reported favorably to the House by a voice vote.
On May 3, 2019, the Committee on Energy and Commerce
reported H.R. 1520 to the House (H. Rept. 116-48) and the bill
was placed on the Union Calendar (Calendar No. 26).
On May 8, 2019, the House passed H.R. 1520, under a motion
to suspend the Rules and passed H.R. 1520 by a recorded vote of
421 yeas and 0 nays (Roll Call No. 188).
On May 9, 2019, H.R. 1520 was received by the Senate, read
twice, and referred to the Senate Committee on Health,
Education, Labor, and Pensions.
On December 10, 2020, the Senate passed H.R. 1520, amended,
by unanimous consent.
Subsequently, H.R. 1520 was used as the vehicle to move
unrelated legislation. The provisions of H.R. 1520 were
incorporated into H.R. 133.
Quality Care for Moms and Babies Act
H.R. 1551
To amend title XI of the Social Security Act to improve the
quality, health outcomes, and value of maternity care under the
Medicaid and CHIP programs by developing maternity care quality
measures and supporting maternity care quality collaboratives.
Summary
The legislation would direct the Department of Health and
Human Services to work with providers, specialty organizations,
and other stakeholders to identify and publish a core set of
maternity care quality measures for childbearing women and
newborns, and authorizes the expansion of maternal and
perinatal quality collaboratives to improve care. Additionally,
H.R. 1551 would direct the Agency for Healthcare Research and
Quality (AHRQ) to develop and use surveys to measure the care
experiences of childbearing women and newborns where
appropriate.
Legislative History
On March 6, 2019, H.R. 1551 was introduced by
Representative Engel, and referred to the Committee on Energy
and Commerce, and in addition to the Committee on Ways and
Means. It was subsequently referred to the Subcommittee on
Health on March 7, 2019.
On September 10, 2019, the Subcommittee on Health held a
legislative hearing on four bills, including H.R. 1551. The
witnesses included Wanda Irving, Mother of Dr. Shalon Irving;
Patrice Harris, M.D., President, Board of Trustees, American
Medical Association; Elizabeth Howell, M.D., M.P.P., Director,
Blavatnik Family, Women's Health Research Institute, Icahn
School of Medicine at Mount Sinai; David Nelson, M.D., Chief of
Obstetrics, Parkland Health and Hospital System, Assistant
Professor of Obstetrics and Gynecology, Division of Maternal-
Fetal Medicine, University of Texas Southwestern Medical
Center; and Usha Ranji, Associate Director, Women's Health
Policy, Kaiser Family Foundation.
No further action was taken on H.R. 1551 in the 116th
Congress.
Removing Barriers to Colorectal Cancer Screening Act of 2020
H.R. 1570
To amend title XVIII of the Social Security Act to waive
coinsurance under Medicare for colorectal cancer screening
tests, regardless of whether therapeutic intervention is
required during the screening, and for other purposes.
Summary
This bill eliminates cost-sharing for Medicare
beneficiaries with respect to colorectal cancer screening
tests, even in cases where a polyp is detected and removed. In
addition, H.R. 1570 incorporates a policy that requires all
part B drug manufacturers to report average sale price data to
the Medicare program and provides the Secretary with new
authority to verify this data.
Legislative History
On March 6, 2019, H.R. 1570 was introduced by
Representative Payne (NJ-10), and was referred to the Committee
on Energy and Commerce, and in addition to the Committee on
Ways and Means. The bill was subsequently referred to the
Subcommittee on Health on March 7, 2019.
On December 9, 2020, the House considered H.R. 1570 under a
motion to suspend the Rules and passed H.R. 1570 by a voice
vote.
On December 10, H.R. 1570 was received by the Senate, read
twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 1570 in the 116th
Congress.
HERO Act
H.R. 1646
To require the Secretary of Health and Human Services to
improve the detection, prevention, and treatment of mental
health issues among public safety officers, and for other
purposes.
Summary
This legislation creates a data system at the CDC to
capture public safety officer suicide incidences and study
successful interventions, authorizes grants for peer support
behavioral health and wellness programs within fire departments
and emergency medical service agencies, and requires the
development of best practices for addressing PTSD in public
safety officers and educational materials. This bill defines
public safety officers as an individual serving as a law
enforcement officer, firefighter, chaplain, or a Federal
Emergency Management Agency employee performing duties related
to a major disaster or emergency.
Legislative History
On March 8, 2019, H.R. 1646 was introduced by
Representative Bera (CA-07) and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Science, Space, and Technology, 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. It was subsequently referred to the
Subcommittee on Health on March 9, 2019.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 1646. The
witnesses included former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session and forwarded H.R. 1646,
amended, to the House by a voice vote.
On September 18, 2020, the Committee on Energy and Commerce
filed a House report on H.R. 1646 (H. Rept. 116-519, Part I)
and the bill was placed on the Union Calendar (Calendar No.
419).
On September 21, 2020, the House considered a motion to
pass H.R. 1646, under a motion to suspend the Rules. Following
debate, the House agreed to suspend the rules and passed H.R.
1646 by a voice vote.
On September 22, 2020, H.R. 1646 was received by the
Senate, read twice, and referred to the Senate Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 1646 in the 116th
Congress.
Excellence in Mental Health and Addiction Treatment Expansion Act
H.R. 1767
To increase the number of States that may conduct Medicaid
demonstration programs to improve access to community mental
health services, and for other purposes.
Summary
This legislation would expand the Certified Community
Behavioral Health Clinics (CCBHCs) demonstration in the
existing eight states for two years and direct the Secretary of
HHS to select an additional 11 states to participate in the
demonstration for two years.
Legislative History
On March 14, 2019, H.R. 1767 was introduced by
Representative Matsui, and referred to the Committee on Energy
and Commerce. It was subsequently referred to the Subcommittee
on Health on March 15, 2019.
On June 4, 2019, the Subcommittee on Health held a
legislative hearing on 12 bills, including H.R. 1767. The
witnesses included Dean Germano, Chief Executive Officer,
Shasta Community Health Center; Diana Autin, Executive Co-
Director, SPAN Parent Advocacy Network; Aaron Kowalski,
President and Chief Executive Officer, JDRF; Lisa Cooper,
Professor of Medicine, Johns Hopkins University School of
Medicine; Thomas Barker, Partner, Co-Chair, Healthcare
Practice, Foley Hoag; Mary-Catherine Bohan, Vice President of
Outpatient Services, Rutgers University Behavioral Health Care;
Michael Waldrum, Chief Executive Officer, Vidant Health; and
Fred Riccardi, President, Medicare Rights Center.
No further action was taken on H.R. 1767 in the 116th
Congress.
DAIRY PRIDE Act
H.R. 1769
To require enforcement against misbranded milk
alternatives.
Summary
This legislation defines in statute that a food is only a
dairy product if the food contains as a primary ingredient or
is derived from the lacteal secretion (practically free from
colostrum) obtained by the complete milking of one or more
hooved mammals. The bill also prohibits a food from being
marketed as a dairy product if the food does not meet this
definition. FDA would be required to issue final guidance on
enforcement of these provisions not later than 180 days after
enactment and would be required to report on enforcement of
these provisions no later than two years after enactment.
Legislative History
On March 14, 2019, H.R. 1769 was introduced by
Representative Welch, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on March 15, 2019.
On January 29, 2020, the Subcommittee on Health held a
legislative hearing on H.R. 1769 and nine other bills. The
witnesses included Jeff Allen, Ph.D., President and CEO,
Friends of Cancer Research; Richard Kaeser, Vice President,
Global Brand Protection, Johnson & Johnson; Fernando Muzzio,
Ph.D., Distinguished Professor, Chemical and Biochemical
Engineering, Rutgers University of New Jersey; Kao-Ping Chua,
M.D., Ph.D., Assistant Professor, Department of Pediatrics,
University of Michigan Medical School; Melanie Benesh,
Legislative Attorney, Environmental Working Group; Tom Balmer,
Executive Vice President, National Milk Producers Federation;
J. David Carlin, Senior Vice President of Legislative Affairs
and Economic Policy, International Dairy Foods Association;
Douglas Corey, D.V.M., Past President, American Association of
Equine Practitioners; Talia Day, Patient Advocate; Paul C.
DeLeo, Ph.D., Principal, Integral Consulting, Inc.; Mardi
Mountford, President, Infant Nutrition Council of America;
Nancy Perry, Senior Vice President, Government Relations,
American Society for the Prevention of Cruelty to Animals; and
Sarah Sorscher, Deputy Director of Regulatory Affairs, Center
for Science in the Public Interest.
No further action was taken on H.R. 1769 in the 116th
Congress.
MOMMA'S Act
H.R. 1897
To improve Federal efforts with respect to the prevention
of maternal mortality, and for other purposes.
Summary
This legislation addresses the maternal mortality and
morbidity crisis through a number of public health programs as
well as the extension of health coverage. The legislation
requires CDC to coordinate with HRSA in providing technical
assistance to states and the issuance of best practices to
state Maternal Mortality Review Committees (MMRCs) on how to
best identify, review, and prevent maternal mortality. The bill
also authorizes the Alliance for Innovation on Maternal Health
(AIM) program as well as funding for state-based Perinatal
Quality Collaboratives (PQCs). To address disparities in care,
the legislation authorizes funding to establish or support
Regional Centers of Excellence for implicit bias and cultural
competency education.
In addition to these public health initiatives, the bill
provides access to maternal health care postpartum through the
extension of insurance coverage. Under current law, certain
women are eligible for Medicaid and CHIP coverage during
pregnancy and through 60 days postpartum. This legislation
extends this coverage beyond 60 days to one year postpartum and
would include Medicaid support of oral health services for
pregnant and postpartum women.
Legislative History
On March 27, 2019, H.R. 1897 was introduced by
Representative Kelly and referred to the Committee on Energy
and Commerce, and in addition to the Committees on Ways and
Means, and Education and Labor, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned. The bill was subsequently referred to the
Subcommittee on Health on March 28, 2019.
On September 10, 2019, the Subcommittee on Health held a
legislative hearing on H.R. 1897 and three other bills. The
witnesses included Wanda Irving, Mother of Dr. Shalon Irving;
Patrice Harris, M.D., President, Board of Trustees, American
Medical Association; Elizabeth Howell, M.D., M.P.P., Director,
Blavatnik Family Women's Health Research Institute, Icahn
School of Medicine at Mount Sinai; David Nelson, M.D., Chief of
Obstetrics, Parkland Health and Hospital System, Assistant
Professor of Obstetrics and Gynecology, Division of Maternal-
Fetal Medicine, University of Texas Southwestern Medical
Center; and Usha Ranji, Associate Director, Women's Health
Policy, Kaiser Family Foundation.
No further action was taken on H.R. 1897 in the 116th
Congress.
Henrietta Lacks Enhancing Cancer Research Act of 2019
H.R. 1966
To direct the Comptroller General of the United States to
complete a study on barriers to participation in federally
funded cancer clinical trials by populations that have been
traditionally underrepresented in such trials.
Summary
This bill requires the Government Accountability Office to
complete a study reviewing how Federal agencies address
barriers to participation in federally funded cancer clinical
trials by individuals from underrepresented populations and
provide recommendations for addressing such barriers.
Legislative History
On March 28, 2019, H.R. 1966 was introduced by
Representative Cummings (MD-07), and referred to the Committee
on Energy and Commerce, and in addition to the Committees on
Armed Services, and Veterans' Affairs. The bill was
subsequently referred to the Subcommittee on Health on March
29, 2019.
On December 9, 2020, the House considered H.R. 1966 under a
motion to suspend the Rules and passed H.R. 1966 by a voice
vote. On December 10, 2020, H.R. 1966 was received by the
Senate, read twice, and referred to the Committee on Health,
Education, Labor, and Pensions.
On December 18, 2020, the Senate passed H.R. 1966 by
unanimous consent. On December 24, 2020, H.R. 1966 was
presented to the President.
H.R. 1966, as approved by the House and the Senate, was
pending action by the President at the time this report was
filed.
Medicare-X Choice Act of 2019
H.R. 2000
To establish a public health plan.
Summary
This legislation would establish a Federal public option
plan on the ACA Marketplace. Under H.R. 2000, the public plan
option would be subject to the same requirements that apply to
other QHPs offered on the Marketplace and would be available to
all individuals who are eligible for QHPs. The bill would
require HHS to offer the plan at two different benefit levels
and to set premiums to cover 100 percent of benefits and
administrative costs of the public option.
H.R. 2000 would also expand the ACA's premium tax credit
eligibility to individuals with income above 400 percent of
Federal poverty level (FPL) by capping their required
contribution to 13 percent of their income. Lastly, the
legislation would establish a temporary reinsurance program and
provide $10 billion annually over three years.
Legislative History
On April 1, 2019, H.R. 2000 was introduced by
Representative Delgado, and referred to the Committee on Energy
and Commerce, and in addition to the Committees on Ways and
Means. The bill was subsequently referred to the Subcommittee
on Health on April 2, 2019.
On December 10, 2019, the Subcommittee on Health held a
legislative hearing on H.R. 2000 and eight other bills. The
witnesses included The Honorable Pramila Jayapal (D-WA), Member
of Congress; The Honorable Rosa L. DeLauro (D-CT), Member of
Congress; The Honorable Brian Higgins (D-NY), Member of
Congress; The Honorable Antonio Delgado (D-NY), Member of
Congress; The Honorable Tom Malinowski (D-NJ), Member of
Congress; Sarah Rosenbaum, J.D., Harold and Jane Hirsh
Professor of Health Law and Policy, George Washington
University Milken Institute School of Public Health; Peter
Morley, Patient Advocate; Jean Ross, RN, President, National
Nurses United; Douglas Holtz-Eakin, Ph.D., President, American
Action Forum; and Scott W. Atlas, M.D., David and Joan Traitel
Senior Fellow, Hoover Institution, Stanford University.
No further action was taken on H.R. 2000 in the 116th
Congress.
Lifespan Respite Care Reauthorization Act of 2020
H.R. 8906 (H.R. 2035)
To amend title XXIX of the Public Health Service Act to
reauthorize the program under such title relating to lifespan
respite care.
Summary
This legislation reauthorizes the Lifespan Respite Care
program at $10 million in fiscal years 2020 through 2024. It
also adds new reporting requirements for program grantees.
Legislative History
On April 2, 2019, H.R. 2035 was introduced by
Representatives Langevin (RI-02), and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Health on April 3, 2019.
On June 25, 2019, the Subcommittee on Health held a
legislative hearing on H.R. 2035 and three other bills. The
witnesses included Amy Hewitt, Ph.D., Director, Institute on
Community Integration, University of Minnesota; Joseph
Bocchini, M.D., Professor, Department of Pediatrics, Louisiana
State University Health, Shreveport; Patricia Kunz Howard,
Ph.D., RN, President, Emergency Nurses Association, Director,
Emergency Services, University of Kentucky Healthcare; and Jill
Kagan, Director, ARCH National Respite Network and Resource
Center.
On July 11, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 2035 and forwarded H.R. 2035 to
the Committee on Energy and Commerce on Energy and Commerce,
amended, by a voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2035, as amended by the
Subcommittee, and ordered H.R. 2035, amended, reported
favorably to the House, as amended, by a voice vote.
On July 23, 2019, the Committee on Energy and Commerce
reported H.R. 2035 to the House (H. Rept. 116-175) and the bill
was placed on the Union Calendar (Calendar No. 135).
On July 24, 2019, the House considered H.R. 2035 under a
motion to suspend the Rules and passed H.R. 2035, as amended,
by a voice vote.
On July 25, 2019, the Senate received H.R. 2035.
No further action was taken on H.R. 2035 in the 116th
Congress.
On December 9, 2020, H.R. 8906, an updated version of H.R.
2035, was introduced by Representative Langevin and referred to
the Committee on Energy and Commerce.
On December 10, 2020, the House considered H.R. 8906 and
passed the H.R. 8906 without amendment by unanimous consent.
On December 11, 2020, H.R. 8906 was received by the Senate
and read twice. On December 18, 2020, the Senate passed H.R.
8906 without amendment by a voice vote.
On December 24, 2020, H.R. 8906 was presented to the
President.
H.R. 8906, as approved by the House and the Senate, was
pending action by the President at the time this report was
filed.
Stopping the Pharmaceutical Industry From Keeping Drugs Expensive Act
H.R. 2069
To amend title XI of the Social Security Act to provide for
drug manufacturer price transparency.
Summary
This legislation would require certain drug manufacturers
to submit to the Secretary of HHS documentation justifying: (1)
a 10 percent or $10,000 dollar increase with respect to WAC of
any applicable drug over any 12-month period; (2) a 25 percent
or $25,000 dollar increase with respect to WAC over any 36-
month period; or (3) a drug that is estimated to cost at least
$26,000 a year or per course of treatment. If the Secretary of
HHS determines that a manufacturer's drug product would meet
one of these criteria, the manufacturer would be required to
submit certain information, including total expenditures on
research and development, as well as revenue and profit for the
applicable drug. A summary of the manufacturer's justification
would then be published onto the website of the Centers for
Medicare and Medicaid Services (CMS).
Legislative History
On April 3, 2019, H.R. 2069 was introduced by
Representatives Horsford (NV-04), and referred to the Committee
on Energy and Commerce, and in addition to the Committee on
Ways and Means. The bill was subsequently referred to the
Subcommittee on Health on April 4, 2019.
On May 21, 2019, the Subcommittee on Health held a
legislative hearing on H.R. 2069 and six other bills. The
witnesses included Lisa Joldersma, Senior Vice President,
Insurance and State Issues, Pharmaceutical Research and
Manufacturers of America; Kristin Bass, Chief Policy and
External Affairs Officer, Pharmaceutical Care Management
Association, Madelaine Feldman, President, Coalition of State
Rheumatology Organizations, Alliance of Specialty Medicine;
Frederick Isasi, Executive Director, Families USA; Mark Miller,
Executive Vice President of Health Care, Arnold Ventures; and
Douglas Holtz-Eakin, President, American Action Forum.
No further action was taken on H.R. 2069 in the 116th
Congress.
School-Based Health Centers Reauthorization Act of 2020
H.R. 2075
To amend the Public Health Service Act to reauthorize
school-based health centers, and for other purposes.
Summary
This legislation reauthorizes funding for the school-based
health centers program each year for fiscal years 2021 through
2025, and makes technical changes, including allowing more
health centers serving medically underserved children and
adolescents to qualify for funding.
Legislative History
On April 3, 2019, H.R. 2075 was introduced by
Representative Sarbanes, and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on April 4, 2019.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session on September 9, 2020, to
consider H.R. 2075 and order H.R. 2075 reported favorably to
the House, without amendment, by a voice vote.
On September 24, 2020, the Committee on Energy and Commerce
reported on H.R. 2075 (H. Rept. 116-175) and the bill was
placed on the Union Calendar (Calendar No. 432). On September
29, 2020, H.R. 2075 was considered in the House under a motion
to suspend the Rules and passed, as amended, by a voice vote.
On September 30, 2020, the Senate received H.R. 2075, read
the bill twice, and referred H.R. 2075 to the Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2075 in the 116th
Congress.
Choice Act
H.R. 2085
To amend the Public Health Service Act to establish a
public health insurance option, and for other purposes.
Summary
This legislation would create a Federal public option plan
on the ACA Marketplace. Under H.R. 2085, the public plan option
would be subject to the same requirements that apply to other
QHPs offered on the Marketplace and would be available to all
individuals who are eligible for QHPs.
Legislative History
On April 4, 2019, H.R. 2085 was introduced by
Representative Schakowsky and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on April 5, 2019.
On December 10, 2019, the Subcommittee on Health held a
legislative hearing on nine bills, including H.R. 2085. The
witnesses included Representative Jayapal (WA-07), Member of
Congress; Representative DeLauro (CT-03), Member of Congress;
Representative Higgins (NY-26), Member of Congress;
Representative Delgado (NY-19), Member of Congress;
Representative Malinowski (NJ-07), Member of Congress; Sarah
Rosenbaum, J.D., Harold and Jane Hirsh Professor of Health Law
and Policy, George Washington University Milken Institute
School of Public Health; Peter Morley, Patient Advocate; Jean
Ross, RN, President, National Nurses United; Douglas Holtz-
Eakin, Ph.D., President, American Action Forum; and Scott W.
Atlas, M.D., David and Joan Traitel Senior Fellow, Hoover
Institution, Stanford University.
No further action was taken on H.R. 2085 in the 116th
Congress.
Public Disclosures of Drug Discounts and Real-Time Beneficiary Drug
Cost Act
H.R. 2115
To amend titles XI and XVIII of the Social Security Act to
provide greater transparency for discounts provided by
manufacturers, to include real-time benefit information as part
of a prescription drug plan's electronic prescription program
under the Medicare program, and for other purposes.
Summary
This bill requires the Centers for Medicare & Medicaid
Services (CMS) to publish certain payment information regarding
pharmacy benefit managers (PBMs) and prescription drugs.
Specifically, the CMS must publish certain information, as
reported by PBMs, relating to generic dispensing rates, drug
discounts and rebates, and payments between PBMs, health plans,
and pharmacies, in accordance with specified confidentiality
requirements.
The bill also provides statutory authority for certain
provisions of the CMS rule titled ``Modernizing Part D and
Medicare Advantage to Lower Drug Prices and Reduce Out-of-
Pocket Expenses,'' published on May 23, 2019. The rule
requires, in part, Medicare prescription drug plan sponsors to
implement an electronic, real-time benefit tool that is capable
of integrating with at least one prescriber's electronic
prescribing system or electronic health record. The tool must
provide prescribers with patient-specific, real-time formulary
and benefit information, including information regarding cost-
sharing, formulary alternatives, and utilization management
requirements. The rule takes effect January 1, 2021.
Legislative History
On April 8, 2019, H.R. 2115, the Public Disclosures of Drug
Discounts Act, was introduced by Representative Spanberger and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee Health on April 9,
2019.
On May 21, 2019, the Subcommittee on Health held a
legislative hearing on seven bills, including H.R. 2115. The
witnesses included Lisa Joldersma, Senior Vice President,
Insurance and State Issues, Pharmaceutical Research and
Manufacturers of America; Kristin Bass, Chief Policy and
External Affairs Officer, Pharmaceutical Care Management
Association; Madelaine Feldman, President, Coalition of State
Rheumatology Organizations, Alliance of Specialty Medicine;
Frederick Isasi, Executive Director, Families USA; Mark Miller,
Executive Vice President of Health Care, Arnold Ventures; and
Douglas Holtz-Eakin, President, American Action Forum.
On October 28, 2019, the House considered H.R. 2115 under a
motion to suspend the rules and passed H.R. 2115 by a recorded
vote of 403 yeas to 0 nays (Roll Call No. 586).
On October 29, 2019, H.R. 2115 was received in the Senate,
read twice, and referred to the Committee on Finance.
No further action was taken on H.R. 2115 in the 116th
Congress.
Food Allergy Safety, Treatment, Education, and Research Act of 2020
H.R. 2117
To improve the health and safety of Americans living with
food allergies and related disorders, including potentially
life-threatening anaphylaxis, food protein-induced
enterocolitis syndrome, and eosinophilic gastrointestinal
diseases, and for other purposes.
Summary
This legislation requires CDC to expand the collection of
information as to the prevalence of food allergies for specific
allergens and to include that information in reports to
Congress. The bill also amends the FFDCA to include sesame as a
major allergen and allow FDA, through regulation, to add other
food ingredients as major allergens based on the prevalence and
severity of allergic reactions to the food ingredient.
Additionally, the bill requires FDA to include patient
experience data on treatments for patients with food allergies
in its reports on patient experience data.
Legislative History
On April 8, 2019, H.R. 2117 was introduced by
Representative Matsui, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on April 9, 2019.
On January 29, 2020, the Subcommittee on Health held a
legislative hearing on H.R. 2117 and nine other bills. The
witnesses included Jeff Allen, Ph.D., President and CEO,
Friends of Cancer Research; Richard Kaeser, Vice President,
Global Brand Protection, Johnson & Johnson; Fernando Muzzio,
Ph.D., Distinguished Professor, Chemical and Biochemical
Engineering, Rutgers University of New Jersey; Kao-Ping Chua,
M.D., Ph.D., Assistant Professor, Department of Pediatrics,
University of Michigan Medical School; Melanie Benesh,
Legislative Attorney, Environmental Working Group; Tom Balmer,
Executive Vice President, National Milk Producers Federation;
J. David Carlin, Senior Vice President of Legislative Affairs
and Economic Policy, International Dairy Foods Association;
Douglas Corey, D.V.M., Past President, American Association of
Equine Practitioners; Talia Day, Patient Advocate; Paul C.
DeLeo, Ph.D., Principal, Integral Consulting, Inc.; Mardi
Mountford, President, Infant Nutrition Council of America;
Nancy Perry, Senior Vice President, Government Relations,
American Society for the Prevention of Cruelty to Animals; and
Sarah Sorscher, Deputy Director of Regulatory Affairs, Center
for Science in the Public Interest.
On March 11, 2020, the Subcommittee met in open markup
session to consider thirteen bills including H.R. 2117 and
forwarded H.R. 2117 to the Committee on Energy and Commerce,
amended, by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 2117, as
amended, and ordered H.R. 2117 reported favorably to the House,
as amended, by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 2117 to the House (H. Rept. 116-581) and the bill
was placed on the Union Calendar (Calendar No. 479). On
November 17, 2020, the House considered H.R. 2117 under a
motion to suspend the Rules and passed, as amended, by a voice
vote.
On November 18, 2020, the Senate received H.R. 2117, read
the bill twice, and referred H.R. 2117 to the Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2117 in the 116th
Congress.
Infant Formula Protection Act of 2019
H.R. 2267
To amend the Federal Food, Drug, and Cosmetics Act to treat
infant formula as adulterated if its ``use by'' date has
passed.
Summary
This legislation amends the FFDCA to additionally define
infant formula as adulterated if its ``use by'' date has
passed. Under the FFDCA it is illegal to distribute directly or
indirectly in interstate commerce a product that is
adulterated.
Legislative History
On April 10, 2019, H.R. 2267 was introduced by
Representative Meng, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on April 11, 2019.
On January 29, 2020, the Subcommittee on Health held a
legislative hearing on H.R. 2267 and nine other bills. The
witnesses included Jeff Allen, Ph.D., President and CEO,
Friends of Cancer Research; Richard Kaeser, Vice President,
Global Brand Protection, Johnson & Johnson; Fernando Muzzio,
Ph.D., Distinguished Professor, Chemical and Biochemical
Engineering, Rutgers University of New Jersey; Kao-Ping Chua,
M.D., Ph.D., Assistant Professor, Department of Pediatrics,
University of Michigan Medical School; Melanie Benesh,
Legislative Attorney, Environmental Working Group; Tom Balmer,
Executive Vice President, National Milk Producers Federation;
J. David Carlin, Senior Vice President of Legislative Affairs
and Economic Policy, International Dairy Foods Association;
Douglas Corey, D.V.M., Past President, American Association of
Equine Practitioners; Talia Day, Patient Advocate; Paul C.
DeLeo, Ph.D., Principal, Integral Consulting, Inc.; Mardi
Mountford, President, Infant Nutrition Council of America;
Nancy Perry, Senior Vice President, Government Relations,
American Society for the Prevention of Cruelty to Animals; and
Sarah Sorscher, Deputy Director of Regulatory Affairs, Center
for Science in the Public Interest.
No further action was taken on H.R. 2267 in the 116th
Congress.
Scarlett's Sunshine on Sudden Unexpected Death Act
H.R. 2271
To amend the Public Health Service Act to improve the
health of children and help better understand and enhance
awareness about unexpected sudden death in early life.
Summary
This legislation supports the Sudden Unexpected Infant
Death and Sudden Death in the Young Case Registry of the CDC
and other fatality case reporting systems that include data
pertaining to sudden unexpected infant death (SUID) and sudden
unexpected death in childhood (SUIC).
The bill authorizes CDC to make grants to improve the
completion of comprehensive death scene investigations for SUID
and SUDC, to increase the rate of comprehensive, standardized
autopsies in cases of SUID and SUDC, and to train medical
examiners, coroners, death scene investigators, law
enforcement, and health professionals on standard death scene
investigation protocols. In addition, the bill would authorize
grants through the Administration for Children and Families to
assist states in investing in core capacity to review 100
percent of all infant and child deaths, and to develop review
programs and prevention strategies.
H.R. 2271 would authorize new grants through HRSA to
develop and implement educational programs and outreach related
to sleep-related SUID, and programs to develop and deploy
support services for families who have had a child die of SUID
or SUDC.
Legislative History
On April 10, 2019, H.R. 2271 was introduced by
Representative Moore (WI-04), and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on April 11, 2019.
On January 8, 2020, the Subcommittee on Health held a
legislative hearing on H.R. 2271 and seven other bills. The
witnesses included Lee Beers, M.D., President-Elect, American
Academy of Pediatrics; Kenneth Mendez, President and Chief
Executive Officer, Asthma and Allergy Foundation of America;
Stephanie Zarecky, Mother of Scarlett Pauley, Ambassador
Program and Public Relations Manager, SUDC Foundation; Matthew
Cooper, M.D., Director, Kidney and Pancreas Transplantation,
Medical Director, QAPI, Medstar Georgetown Transplant
Institute, Professor of Surgery, Georgetown University School
of Medicine; Kevin Koser, Patient Advocate, On behalf of the
National Foundation for Ectodermal Dysplasias; and Fred
Riccardi, President, Medicare Rights Center.
On March 11, 2020, the Subcommittee on Health met in open
markup session to consider H.R. 2271 and forwarded H.R. 2271,
amended, to the Committee on Energy and Commerce on Energy and
Commerce.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 2271 and
ordered H.R. 2271 reported favorably to the House, as amended,
by a voice vote.
On September 21, 2020, the Committee on Energy and Commerce
reported H.R. 2271 to the House (H. Rept. 116-524) and the bill
was placed on the Union Calendar (Calendar No. 424). That same
day, H.R. 2272 was considered in the House under a motion to
suspend the Rules and passed, as amended, by a voice vote.
On September 22, 2020, the Senate received H.R. 2271, read
the bill twice, and referred H.R. 2271 to the Committee on
Health, Education, Labor, and Pensions.
The Senate companion bill, S. 1130, passed the Senate,
amended, by a voice vote on May 20, 2020. On May 22, 2020, S.
1130 was received in the House and held at the desk.
On December 10, 2020, the House considered S. 1130 and
passed S. 1130, amended, by unanimous consent. On December 16,
2020, the Senate passed the House amendment to S. 1130 by a
voice vote.
On December 21, 2020, S. 1130 was presented to the
President.
S. 1130, as approved by the House and the Senate, was
pending action by the President at the time this report was
filed.
EASY MAT for Opioid Addiction Act
H.R. 2281
To direct the Attorney General to amend certain regulations
so that practitioners may dispense not more than three days'
medication to a person at one time when administering narcotic
drugs for the purpose of relieving acute withdrawal symptoms.
Summary
This legislation requires DEA to revise regulations within
180 days of enactment to allow a practitioner to dispense up to
a three-day supply of narcotic drugs to an individual for the
purpose of maintenance or detoxification treatment at one time.
This practice is intended to relieve potential acute withdrawal
symptoms while the individual awaits arrangements for narcotic
treatment. Currently, non-Drug Addiction Treatment Act of 2000
(DATA 2000) waivered practitioners are only authorized to
provide a one-day supply of such drugs.
Legislative History
On April 10, 2019, H.R. 2281 was introduced by
Representative Ruiz, 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. The
bill was subsequently referred to the Subcommittee on Health on
April 11, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on H.R. 2281 and 14 other bills. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session on September 9, 2020 to
consider H.R. 2281 and ordered H.R. 2281 reported favorably to
the House, amended, by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 2281 to the House (H. Rept. 116-587) and the bill
was placed on the Union Calendar (Calendar No. 485). On
November 17, 2020, the House considered H.R. 2281 under a
motion to suspend the Rules and passed H.R. 2281, as amended,
by a voice vote.
On November 18, 2020, the Senate received H.R. 2281, read
the bill twice, and referred H.R. 2271 to the Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2281 in the 116th
Congress.
More Efficient Tools To Realize Information for Consumers Act
H.R. 2296
(H.R. 2115, H.R. 2376, H.R. 2064, AND H.R. 2087)
To require reporting regarding certain drug price
increases, and for other purposes.
Summary
H.R. 2296 increases consumer transparency of the
prescription drug supply chain by requiring qualifying
pharmaceutical manufacturers to report specific information to
HHS prior to certain drug price increases. The legislation also
makes public more information concerning rebates, discounts,
and other price concessions that are negotiated by pharmacy
benefit managers. Additionally, H.R. 2296 requires all
pharmaceutical manufacturers to report average sales price
(ASP) data to HHS and requires prescription drug plan sponsors
to include real-time benefit information for electronic
prescribing. The legislation also ensures greater transparency
of pharmaceutical supply chain intermediaries and merger
activity, as well as information on drug samples that are
distributed by pharmaceutical manufacturers to providers or
healthcare facilities.
Legislative History
On April 12, 2019, H.R. 2296 was introduced by
Representative Schakowsky, and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on April 15, 2019.
On May 21, 2019, the Subcommittee on Health held a
legislative hearing on seven bills, including H.R. 2296. The
witnesses included Lisa Joldersma, Senior Vice President,
Insurance and State Issues, Pharmaceutical Research and
Manufacturers of America; Kristin Bass, Chief Policy and
External Affairs Officer, Pharmaceutical Care Management
Association; Madelaine Feldman, President, Coalition of State
Rheumatology Organizations, Alliance of Specialty Medicine;
Frederick Isasi, Executive Director, Families USA; Mark Miller,
Executive Vice President of Health Care, Arnold Ventures; and
Douglas Holtz-Eakin, President, American Action Forum.
On July 11, 2019, the Subcommittee met in open markup
session to consider H.R. 2296 and forwarded H.R. 2296 to the
Committee on Energy and Commerce, amended, by a voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider the bill H.R. 2296, as
amended, and ordered H.R. 2296 reported favorably to the House,
amended, by a voice vote.
On September 24, 2019, the Committee on Energy and Commerce
reported H.R. 2296 to the House (H. Rept. 116-215) and the bill
was placed on the Union Calendar (Calendar No. 170).
No further action was taken on H.R. 2296 in the 116th
Congress.
On April 29, 2019, H.R. 2376, the ``Prescription Pricing
for the People Act'', was introduced by Representative Collins
(GA-9), and referred to the Committee on Energy and Commerce,
and in addition to the Committee on the Judiciary. The bill was
subsequently referred to the Subcommittee on Health and
Subcommittee on Consumer Protection and Commerce on April 20,
2019.
On April 3, 2019, H.R. 2064, a bill to amend title XI of
the Social Security Act to require manufacturers of certain
drugs, devices, biologicals, and medical supplies to report on
product samples provided to certain health care providers, and
for other purposes, was introduced by Representative Chu (CA-
27), and referred to the Committee on Energy and Commerce, and
in addition to the Committee on Ways and Means. The bill was
subsequently referred to the Subcommittee on Health on April 3,
2019.
On April 4, 2019, H.R. 2087, the ``Drug Price Transparency
Act'', was introduced by Representative Doggett, and referred
to the Committee on Energy and Commerce, and in addition to the
Committee on Ways and Means. The bill was subsequently referred
to the Subcommittee on Health on April 5, 2019.
No further action was taken on H.R. 2376, H.R. 2064, and
H.R. 2087 in the 116th Congress.
On May 21, 2019, the Subcommittee on Health held a
legislative hearing on seven bills, including H.R. 2376, H.R.
2064, and H.R. 2087. Provisions of H.R. 2115, H.R. 2376, H.R.
2064, and H.R. 2087 were incorporated into H.R. 2296.
Community Health Investment, Modernization, and Excellence Act of 2019
H.R. 2328
(H.R. 1943, H.R. 2668, H.R. 2680, H.R. 2815, H.R. 2822, H.R. 3022, H.R.
3029, H.R. 3030, H.R. 3031, H.R. 3039, H.R. 3429, H.R. 3630, H.R. 3631,
AND H.R. 3644)
To reauthorize and extend funding for community health
centers and the National Health Service Corps.
Summary
H.R. 2328 extends funding through fiscal year 2024 for
vital public health programs, including the Community Health
Center Fund (CHCF), the NHSC, the Teaching Health Center
Graduate Medical Education (THCGME) Program, special diabetes
programs, the Personal Responsibility Education Program, and
the sexual risk avoidance education program. The legislation
also enhances Medicaid funding for the U.S. territories, while
strengthening program integrity and oversight of these
programs. H.R. 2328 also adjusts the Medicaid disproportionate
share hospital (DSH) allotment reductions and require greater
transparency and disclosure of hospital upper payment limit
(UPL) data. The bill would lower healthcare costs for Americans
by establishing comprehensive consumer protections against
surprise medical bills. The bill also would fund critical
programs to improve quality and access for Medicare
beneficiaries.
Legislative History
On April 15, 2019, H.R. 2328 was introduced by
Representative O'Halleran (AZ-1), and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Health on April 16, 2019.
On June 4, 2019, the Subcommittee on Health held a
legislative hearing on 13 bills, including H.R. 2328. The
witnesses included Dean Germano, Chief Executive Officer,
Shasta Community Health Center; Diana Autin, Executive Co-
Director, SPAN Parent Advocacy Network; Aaron Kowalski,
President and Chief Executive Officer, JDRF; Lisa Cooper,
Professor of Medicine, Johns Hopkins University School of
Medicine; Thomas Barker, Partner, Co-Chair, Healthcare
Practice, Foley Hoag; Mary-Catherine Bohan, Vice President of
Outpatient Services, Rutgers University Behavioral Health Care;
Michael Waldrum, Chief Executive Officer, Vidant Health; and
Fred Riccardi, President, Medicare Rights Center.
On July 11, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 2328 forwarded H.R. 2328 to the
Committee on Energy and Commerce, amended, by a voice vote.
On July 11, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2328 and ordered H.R.
2328 reported favorably to the House, amended, by a voice vote.
On December 9, 2019, the Committee on Energy and Commerce
reported on H.R. 2328 to the House (H. Rept. 116-332). That
same day, H.R. 2328 was referred sequentially to the House
Committee on Transportation and Infrastructure.
No further action was taken on H.R. 2328 in the 116th
Congress.
H.R. 2328 incorporated provisions from the following bills:
H.R. 1943, the ``Community Health Center and Primary Care
Workforce Expansion Act of 2019'', introduced by Representative
Clyburn (SC-06); H.R. 2668, the ``Special Diabetes Program
Reauthorization Act of 2019'', introduced by Representative
DeGette (CO-01); H.R. 2680, the ``Special Diabetes Programs for
Indians Reauthorization Act of 2019'', introduced by
Representative O'Halleran (AZ-01); H.R. 2815, the ``Training
the Next Generation of Primary Care Doctors Act of 2019'',
introduced by Representative Ruiz (CA-36); H.R. 2822, the
``Family-to-Family Reauthorization Act of 2019'', introduced by
Representative Sherrill (NJ-11); H.R. 3022, the ``Patient
Access Protection Act'', introduced by Representative Engel
(NYU-16); H.R. 3029, the ``Improving Low-Income Access to
Prescription Drugs Act of 2019'', introduced by Representative
Olson (TX-22); H.R. 3030, the ``Patient-Centered Outcomes
Research Extension Act of 2019'', introduced by Representative
DeGette; H.R. 3031, a bill to amend title XVIII of the Social
Security Act to extend funding for quality measure endorsement,
input, and selection under the Medicare program, introduced by
Representative Chu; H.R. 3039, a bill to provide for a 5-year
extension of funding outreach and assistance for low-income
programs, introduced by Representative Gomez (CA-34); H.R.
3429, the ``HEARTS and Rural Relief Act'', introduced by
Representative Sewell (AL-07); H.R. 3630, the ``No Surprises
Act'', introduced by Representative Pallone; H.R. 3631, the
``Territories Health Care Improvement Act'', introduced by
Representative Soto (FL-09); and H.R. 3644, the ``Independence
at Home Demonstration Act of 2019'', introduced by
Representative Burgess.
Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act
of 2020
H.R. 2339 (H.R. 1570)
To amend the Federal Food, Drug, and Cosmetics Act with
respect to the sale and marketing of tobacco products, and for
other purposes.
Summary
H.R. 2339 amends the FFDCA to strengthen the authority of
the FDA over tobacco products and provide a comprehensive
approach to address the youth tobacco epidemic, which has
surged in recent years with the introduction of electronic
nicotine delivery system (ENDS) products, such as electronic
cigarettes (e-cigarettes). The legislation prohibits the
manufacture and sale of all flavored tobacco products,
including menthol, and requires the removal of all flavored
ENDS products from the market within 30 days, makes it unlawful
to market, advertise, or promote ENDS products to individuals
under the age of 21, and directs FDA to prohibit non-face-to-
face sales of certain tobacco products. Additionally, H.R. 2339
provides FDA with the authority to collect user fees from all
classes of tobacco products, including ENDS products, and
increases the annual user fees collected for tobacco products.
The bill also requires the FTC to issue an annual report to
Congress on the domestic sales, advertising, and promotional
activities of cigarette, cigar, smokeless tobacco, and ENDS
manufacturers, in addition to other provisions.
Legislative History
On April 18, 2019, H.R. 2339 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on April 19, 2019.
On October 11, 2019, the Subcommittee on Health held a
legislative hearing H.R. 2339. The witnesses included Dorian
Fuhrman, Co-founder and Parent, Parents Against Vaping e-
cigarettes (PAVe); Phillip Gardiner, Dr.P.H., Senior Program,
Officer, Tobacco Related Disease Research Program, University
of California Office of the President; Matthew L. Myers,
President, Campaign for Tobacco-Free Kids; Michael Siegel,
M.D., M.P.H., Professor, Department of Community Health
Sciences, Boston University School of Public Health; and
Susanne E. Tanski, M.D., M.P.H., Associate Professor of
Pediatrics, American Academy of Pediatrics.
On November 13, 2019, the Subcommittee on Health met in
open markup session to consider H.R. 2339 and forwarded H.R.
2339 to the Committee on Energy and Commerce, amended, by a
voice vote.
On November 19, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 2339 and ordered
H.R. 2339 reported favorably to the House, amended, by a record
vote of 28 yeas and 24 nays.
On February 21, 2020, the Committee on Energy and Commerce
reported H.R. 2339 to the House (H. Rept. 116-402) and the bill
was placed on the Union Calendar (Calendar No. 324). On
February 28, 2020, the House considered H.R. 2339 under the
provisions of H. Res. 866 and passed H.R. 2339 by a recorded
vote of 213 yeas and 195 nays (Roll Call No. 78).
On March 2, 2020, the Senate received H.R. 2339, read the
bill twice, and referred H.R. 2339 to the Committee on Finance.
No further action was taken on H.R. 2339 in the 116th
Congress.
Provisions of H.R. 1570 were incorporated into H.R. 2296.
Information on H.R. 1570 can be found in the applicable section
of this report.
Stop Games Act of 2019
H.R. 2387
To amend subsection (q) of section 505 of the Federal Food,
Drug, and Cosmetics Act to clarify the process for denying
certain petitions whose primary purpose is to delay the
approval of an application submitted under subsection (b)(2) or
(j) of such section 505, and for other purposes.
Summary
This legislation would allow FDA to deny a citizen petition
submitted to the agency if the petition were submitted with the
primary purpose to delay approval of a generic drug or if the
petition does not on its face raise valid scientific or
regulatory issues. The bill directs the Secretary of HHS to
report such citizen petitions to the FTC. It would also require
drug manufacturers to file a petition within 60 days of
receiving actionable information. The bill directs FDA to
report additional information to Congress, including time and
resources spent on each petition; timing of petitions relative
to patent expiration, and; any delay in approval of a competing
generic drug caused by such petition.
Legislative History
On April 29, 2019, H.R. 2387 was introduced by
Representative Levin (MI-9), and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on April 30, 2019.
On November 13, 2019, the Subcommittee on Health met in
open markup session to consider H.R. 2387and forwarded H.R.
2387 to the Committee on Energy and Commerce, without
amendment, by a voice vote.
No further action was taken on H.R. 2387 in the 116th
Congress.
State Opioid Response Grant Authorization Act
H.R. 2466
To extend the State Opioid Response Grants program, and for
other purposes.
Summary
This bill authorizes the Substance Abuse and Mental Health
Services Administration (SAMHSA) State Opioid Response Grants
program by placing the program under the substance use disorder
grant statutory authorities in the 21st Century Cures Act. This
grant program would support efforts in the states, Tribes,
populations served by Tribal Organizations, territories and
Washington, D.C. to address substance use disorders, including
opioid and stimulant use disorders. Funding from this
authorization may support public health-related activities such
as substance use disorder prevention efforts, establishing or
improving prescription drug monitoring programs, health care
practitioner training, and substance use disorder treatment,
among other items. The bill requires the Secretary of HHS to
submit a biennial report to Congress on the program. H.R. 2466
authorizes $1.5 billion for each fiscal year from 2020 through
2026.
Legislative History
On May 1, 2019, H.R. 2466 was introduced by Representative
Trone (MD-01), and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Health on May 2, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 15 bills, including H.R. 2466. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session on September 9, 2020 to
consider H.R. 2466 and ordered H.R. 2466 reported favorably to
the House, amended, by a voice vote.
On November 12, 2020, the Committee on Energy and Commerce
reported H.R. 2466 to the House (H. Rept. 116-568) and the bill
was placed on the Union Calendar (Calendar No. 466). On
November 17, 2020, the House considered H.R. 2466 under a
motion to suspend the Rules and passed H.R. 2466, as amended,
by a voice vote.
On November 18, 2020, the Senate received H.R. 2466, read
the bill twice, and referred H.R. 2466 to the Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2466 in the 116th
Congress.
Medicare for America Act of 2019
H.R. 2452
To amend the Social Security Act to establish a Medicare
for America health program to provide for comprehensive health
coverage for all Americans.
Summary
The legislation would create a national health insurance
program for all U.S. residents with an option to opt out if an
individual has qualifying coverage. Individuals currently
enrolled in Medicare, Medicaid, or CHIP would over time be
enrolled in the Medicare for America plan while individuals
enrolled in qualifying employer-sponsored plans, coverage
provided by the Indian Health Service or Veterans
Administration, TRICARE, or the Federal Employees Health
Benefits Program would be able to keep their current coverage
if they choose to opt out. A qualifying employer-sponsored plan
is defined as a governmental plan or any other employer plan
that includes vision, dental, and hearing benefits, with an
actuarial value equivalent to at least 80 percent of Medicare
for America coverage, and that the employer contributes at
least 70 percent toward the premium of such plan. Individuals
below 200 percent of the FPL would not pay premiums or cost
sharing. The Secretary of HHS would establish premiums that
would be no greater than 8 percent of an individual's or
household's monthly income. The bill would also permit the
Secretary of HHS to negotiate drug prices and ban the use of
prior authorization or step therapy in any form of health
insurance.
Legislative History
On May 1, 2019, H.R. 2452 was introduced by Representative
DeLauro (CT-3), and referred to the Committee on Energy and
Commerce, and in addition to the Committees on Ways and Means,
Education and Labor, the Judiciary, Natural Resources, and
House Administration. The bill was subsequently referred to the
Subcommittee on Health on May 2, 2019.
On December 10, 2019, the Subcommittee on Health held a
legislative hearing on nine bills, including H.R. 2452. The
witnesses included Representative Jayapal (WA-07), Member of
Congress; Representative DeLauro (CT-03), Member of Congress;
Representative Higgins (NY-26), Member of Congress;
Representative Delgado (NY-19), Member of Congress;
Representative Malinowski (NJ-07), Member of Congress; Sarah
Rosenbaum, J.D., Harold and Jane Hirsh Professor of Health Law
and Policy, George Washington University Milken Institute
School of Public Health; Peter Morley, Patient Advocate; Jean
Ross, RN, President, National Nurses United; Douglas Holtz-
Eakin, Ph.D., President, American Action Forum; and Scott W.
Atlas, M.D., David and Joan Traitel Senior Fellow, Hoover
Institution, Stanford University.
No further action was taken on H.R. 2452 in the 116th
Congress.
Choose Medicare Act
H.R. 2463
To provide for the establishment of Medicare part E public
health plans, and for other purposes.
Summary
This legislation would establish a public option (`Medicare
part E') to be available on the ACA Marketplace. The bill would
also require HHS to establish a process to allow individuals to
enroll in the public option on a voluntary basis for the small
and large group markets. H.R. 2463 would subject the public
option to the same requirements that apply to other QHPs
offered on the Marketplace.
H.R. 2463 would enhance the ACA's tax credits and increase
the eligibility threshold from 400 percent of FPL to 600
percent of FPL. Lastly, the legislation would enhance the ACA's
cost-sharing subsidies and establish a three-year reinsurance
program at $10 billion annually.
Legislative History
On May 1, 2019, H.R. 2463 was introduced by Representative
Richmond (LA-2), and referred to the Committee on Energy and
Commerce, and in addition to the Committees on Ways and Means,
and Education and Labor. The bill was subsequently referred to
the Subcommittee on Health on May 2, 2019.
On December 10, 2019, the Subcommittee on Health held a
legislative hearing on H.R. 2463 and eight other bills. The
witnesses included Representative Jayapal (WA-07), Member of
Congress; Representative DeLauro (CT-03), Member of Congress;
Representative Higgins (NY-26), Member of Congress;
Representative Delgado (NY-19), Member of Congress;
Representative Malinowski (NJ-07), Member of Congress; Sarah
Rosenbaum, J.D., Harold and Jane Hirsh Professor of Health Law
and Policy, George Washington University Milken Institute
School of Public Health; Peter Morley, Patient Advocate; Jean
Ross, RN, President, National Nurses United; Douglas Holtz-
Eakin, Ph.D., President, American Action Forum; and Scott W.
Atlas, M.D., David and Joan Traitel Senior Fellow, Hoover
Institution, Stanford University.
No further action was taken on H.R. 2463 in the 116th
Congress.
School Based Allergies and Asthma Management Program Act
H.R. 2468
To amend the Public Health Service Act to amend the
preference given, in awarding certain allergies and asthma-
related grants, to include States that require certain public
schools to have allergies and asthma management programs, and
for other purposes.
Summary
This legislation adds a preference for grants to those
states that have additional access to certain healthcare
professionals and programs. To be eligible for this preference,
states would have to require: (1) the presence of a school
nurse or other trained personnel on school premises during
school operating hours; (2) that there be a school-based
allergies and asthma program, including a method to identify
all students in the school with a diagnosis of allergies and
asthma; (3) an individual student allergies and asthma action
plan for each student with a diagnosis of allergies and asthma;
(4) education for staff about allergies and asthma; (5) efforts
to reduce environmental triggers of allergies and asthma; and
(6) a coordinated support system for students.
Legislative History
On May 2, 2019, H.R. 2468 was introduced by Representative
Hoyer (MD-05), and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Health on May 3, 2019.
On January 8, 2020, the Subcommittee on Health held a
legislative hearing on H.R. 2468 and seven other bills. The
witnesses included Lee Beers, M.D., President-Elect, American
Academy of Pediatrics; Kenneth Mendez, President and Chief
Executive Officer, Asthma and Allergy Foundation of America;
Stephanie Zarecky, Mother of Scarlett Pauley, Ambassador
Program and Public Relations Manager, SUDC Foundation; Matthew
Cooper, M.D., Director, Kidney and Pancreas Transplantation,
Medical Director, QAPI, Medstar Georgetown Transplant
Institute, Professor of Surgery, Georgetown University School
of Medicine; Kevin Koser, Patient Advocate, On behalf of the
National Foundation for Ectodermal Dysplasias; and Fred
Riccardi, President, Medicare Rights Center.
On March 11, 2020, the Subcommittee on Health met in open
markup session to consider H.R. 2468 and forwarded H.R. 2468,
amended, to the Committee on Energy and Commerce on Energy and
Commerce by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider a committee print of
the bill H.R. 2468, as amended, and ordered H.R. 2468 reported
favorably to the House, as amended, by a voice vote.
On September 22, 2020, the Committee on Energy and Commerce
reported H.R. 2468 (H. Rept. 116-530) and the bill was placed
on the Union Calendar (Calendar No. 430). On September 29,
2020, the House considered H.R. 2468 under a motion to suspend
the Rules and passed, as amended, by a voice vote.
On September 30, 2020, the Senate received H.R. 2468, read
the bill twice, and referred H.R. 2468 to the Committee on
Health, Education, Labor, and Pensions. On December 17, 2020,
the Senate passed H.R. 2468, without amendment, by a voice
vote.
On December 24, 2020, H.R. 2468 was presented to the
President.
H.R. 2468, as approved by the House and the Senate, was
pending action by the President at the time this report was
filed.
Benes Act of 2020
H.R. 2477 (H.R. 1375 AND H.R. 5534)
To amend title XVIII of the Social Security Act to
establish a system to notify individuals approaching Medicare
eligibility, to simplify and modernize the eligibility
enrollment process, and for other purposes.
Summary
This legislation would improve beneficiary outreach and
education, reduce gaps in coverage and simplify the Medicare
part B enrollment process. Specifically, the BENES Act would
require the Federal Government to send advance notices about
the enrollment process to individuals approaching Medicare
eligibility (aged 63-65). It would require that part B coverage
begin during the first month after the month an individual
enrolls, through either the initial enrollment period or
general enrollment period. The bill would require the Secretary
of HHS to submit a report to Congress on how to align most
effectively the part B general enrollment period with the
coordinated election period for Medicare Advantage and part D.
It would also allow for the Secretary to establish a special
enrollment period for part B coverage for individuals
experiencing exceptional circumstances such as residing in an
emergency or disaster area. The bill also includes H.R. 1375,
which would improve coordination of benefits in Medicare, and
H.R. 5534, which would remove the 36-month limit for Medicare
coverage of immunosuppressive drugs following a kidney
transplant that currently exists for those individuals that are
only Medicare eligible due to their end stage renal disease.
Legislative History
On May 2, 2019, H.R. 2477 was introduced by Representative
Ruiz and referred the Committee on Ways and Means, and in
addition to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Health on May 3,
2019.
On January 8, 2020, the Subcommittee on Health held a
legislative hearing on eight bills, including H.R. 2477. The
witnesses included Lee Beers, M.D., President-Elect, American
Academy of Pediatrics; Kenneth Mendez, President and Chief
Executive Officer, Asthma and Allergy Foundation of America;
Stephanie Zarecky, Mother of Scarlett Pauley, Ambassador
Program and Public Relations Manager, SUDC Foundation; Matthew
Cooper, M.D., Director, Kidney and Pancreas Transplantation,
Medical Director, QAPI, Medstar Georgetown Transplant
Institute, Professor of Surgery, Georgetown University School
of Medicine; Kevin Koser, Patient Advocate, On behalf of the
National Foundation for Ectodermal Dysplasias; and Fred
Riccardi, President, Medicare Rights Center.
On March 11, 2020, the Subcommittee on Health met in open
markup session to consider H.R. 2477 and forwarded the bill
favorably to the Committee on Energy and Commerce, amended, by
a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 2477 and
ordered H.R. 2477 reported favorably to the House, amended, by
a voice vote.
On December 8, 2020, the Committee on Energy and Commerce
reported H.R. 2477 to the House (H. Rept. 116-621). That same
day, the House considered H.R. 2477 under a motion to suspend
the Rules and passed, as amended, by a voice vote.
On December 9, 2020, the Senate received H.R. 2477, read
the bill twice, and referred H.R. 2477 to the Committee on
Finance.
No further action was taken on H.R. 2477 in the 116th
Congress.
On February 26, 2019, H.R. 1375, the ``PAID Act'', was
introduced in the House by Representative Kind (WI-3), and was
referred to the Committee on Ways and Means, in addition to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Health on February 27, 2019.
On December 8, 2020, the House considered H.R. 1375 under a
motion to suspend the Rules and passed H.R. 1375 by a voice
vote. On December 9, 2020, H.R. 1375 was received by the
Senate, read twice, and referred to the Committee on Finance.
On December 23, 2019, H.R. 5534, the ``Comprehensive
Immunosuppressive Drug Coverage for Kidney Transplant Patients
Act of 2019'', was introduced in the House by Representative
Kind, and was referred to the Committee on Energy and Commerce,
and in addition to the Committee on Ways and Means. The bill
was subsequently referred to the Subcommittee on Health on
December 24, 2019.
On January 8, 2020, the Subcommittee on Health held a
hearing on seven bills, including H.R. 5534. The witnesses
included Lee Beers, M.D., President-Elect, American Academy of
Pediatrics; Kenneth Mendez, President and Chief Executive
Officer, Asthma and Allergy Foundation of America; Stephanie
Zarecky, Mother of Scarlett Pauley, Ambassador Program and
Public Relations Manager, SUDC Foundation; Matthew Cooper,
M.D., Director, Kidney and Pancreas Transplantation, Medical
Director, QAPI, Medstar Georgetown Transplant Institute,
Professor of Surgery, Georgetown University School of Medicine;
Kevin Koser, Patient Advocate, on behalf of the National
Foundation for Ectodermal Dysplasias; and Fred Riccardi,
President, Medicare Rights Center.
On March 11, 2020, the Subcommittee on Health met in open
markup session, to consider H.R. 5534, and forwarded H.R. 5534,
amended, to the Committee on Energy and Commerce by a voice
vote.
The Committee on Energy and Commerce met in virtual open
markup session on July 15, 2020, to consider H.R. 5534 and
ordered H.R. 5534 reported favorably to the House, amended, by
a voice vote.
No further action was taken on H.R. 1375 and H.R. 5534 in
the 116th Congress. Provisions of H.R. 1375 and H.R. 5534 were
incorporated into H.R. 2477.
Mainstreaming Addiction Treatment Act of 2019
H.R. 2482
To amend section 303(g) of the Controlled Substances Act to
eliminate the separate registration requirement for dispensing
narcotic drugs in schedule III, IV, or V (such as
buprenorphine) for maintenance or detoxification treatment, and
for other purposes.
Summary
This bill would eliminate the separate DEA registration
requirement for practitioners who seek to prescribe
buprenorphine for opioid use disorder treatment. Under current
law, or ``DATA 2000'', a practitioner must meet certain
criteria in order to treat opioid addiction with buprenorphine
outside of an opioid treatment program.
Legislative History
On May 2, 2019, H.R. 2482 was introduced by Representative
Tonko, and referred the Committee on Energy and Commerce, and
in addition to the Committees on the Judiciary, and Ways and
Means. The bill was subsequently referred to the Subcommittee
on Health on May 3, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on fifteen bills, including H.R. 2482. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
No further action was taken on H.R. 2482 in the 116th
Congress.
Newborn Screening Saves Lives Reauthorization Act of 2019
H.R. 2507
To amend the Public Health Service Act to reauthorize
certain programs under part A of title XI of such Act relating
to genetic diseases, and for other purposes.
Summary
This legislation reauthorizes newborn screening programs
for five years. The bill includes reforms to ensure that the
activities of the Advisory Committee on Heritable Disorders in
Newborns and Children (ACHDNC) are transparent, including
requiring the creation of a publicly accessible website which
details the uniform screening panel nomination process. The
bill also requires CDC to standardize data collection and
reporting to track and monitor newborn screening in real time.
Additionally, the bill orders a study on the modernization of
newborn screening and recognizes in statute the ``common rule''
related to dried blood spots being considered secondary
research with nonidentified biospecimens for purposes of
federally funded research. The bill authorizes appropriations
of $60.65 million per year through fiscal year 2024.
Legislative History
On May 2, 2019, H.R. 2507 was introduced by Representative
Roybal-Allard and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Health on May 3, 2019.
On June 25, 2019, the Subcommittee on Health held a
legislative hearing on four bills, including H.R. 2507. The
witnesses included Amy Hewitt, Ph.D., Director, Institute on
Community Integration, University of Minnesota; Joseph
Bocchini, M.D., Professor, Department of Pediatrics, Louisiana
State University Health, Shreveport; Patricia Kunz Howard,
Ph.D., RN, President, Emergency Nurses Association, Director,
Emergency Services, University of Kentucky Healthcare; and Jill
Kagan, Director, ARCH National Respite Network and Resource
Center.
On July 11, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 2507, and forwarded H.R. 2507
to the Committee on Energy and Commerce, amended, by a voice
vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider the bill H.R. 2507, and
ordered H.R. 2507 reported favorably to the House, as amended,
by a voice vote.
On July 23, 2019, the Committee on Energy and Commerce
reported H.R. 2507 to the House (H. Rept. 116-174) and the bill
was placed on the Union Calendar (Calendar No. 134). On July
24, 2019, H.R. 2507 was considered in the House and passed, as
amended, by a voice vote.
On July 25, 2019, the Senate received H.R. 2507, read the
bill twice, and referred H.R. 2507 to the Committee on Health,
Education, Labor, and Pensions.
No further action was taken on H.R. 2507 in the 116th
Congress.
Improving Mental Health Access From the Emergency Department Act of
2020
H.R. 2519
To authorize the Secretary of Health and Human Services,
acting through the Director of the Center for Mental Health
Services of the Substance Abuse and Mental Health Services
Administration, to award grants to implement innovative
approaches to securing prompt access to appropriate follow-on
care for individuals who experience an acute mental health
episode and present for care in an emergency department, and
for other purposes.
Summary
This legislation would authorize SAMHSA to award grants to
qualifying emergency departments for the purpose of supporting
mental health services for individuals with acute mental health
episode. Grant recipients must use funds to support the
provision of follow up services for individuals who present for
care of acute mental health episodes, such as placement in
appropriate facilities. The bill authorizes $15 million for
each of fiscal years 2021 through 2025.
Legislative History
On May 3, 2019, H.R. 2519 was introduced by Representative
Ruiz and referred the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on Health on
May 6, 2019.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including on H.R. 2519. The
witnesses included Former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 2519, and
ordered H.R. 2519 reported favorably to the House, amended, by
a voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 2519 to the House (H. Rept. 116-544) and the bill
was placed on the Union Calendar (Calendar No. 444). That same
day, the House considered H.R. 2519 under a motion to suspend
the Rules and passed H.R. 2519, as amended, by a voice vote.
On September 30, 2020, the Senate received H.R. 2519, read
the bill twice, and referred H.R. 2519 to the Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2519 in the 116th
Congress.
Medicare Enrollment Protection Act
H.R. 2564
To amend title XVIII of the Social Security Act to provide
for a special enrollment period under Medicare for individuals
enrolled in COBRA continuation coverage, and for other
purposes.
Summary
This legislation would create a Medicare part B special
enrollment period (SEP) for individuals enrolled in coverage
under the Consolidated Omnibus Budget Reconciliation Act
(COBRA) and would exempt individuals enrolling through such SEP
from the part B late enrollment penalty. COBRA coverage allows
individuals to maintain their employer sponsored health plan
for a temporary period after the individual experiences a
qualifying event that would otherwise cause their coverage to
end, such as termination of employment or a reduction in the
number of hours of employment. H.R. 2564 would also require the
Secretary of Labor to update COBRA continuation coverage
election notices to include an explanation of Medicare
secondary payer rules with respect to COBRA. This bill would
also prohibit health plans from reducing COBRA benefits on the
basis that an individual is eligible for part B when the
individual is not enrolled in part B and make other technical
and conforming changes.
Legislative History
On May 7, 2019, H.R. 2564 was introduced by Representative
Tonko, and referred the Committee on Energy and Commerce, and
in addition to the Committees on Ways and Means, and Education
and Labor, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned. The
bill was subsequently referred to the Subcommittee on Health on
May 8, 2019.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 2564 and
ordered H.R. 2564 reported favorably to the House, amended, by
a voice vote.
No further action was taken on H.R. 2564 in the 116th
Congress.
Healthy Mommies Act
H.R. 2602
To amend titles XIX and XXI of the Social Security Act to
improve Medicaid and the Children's Health Insurance Program
for low-income mothers.
Summary
This legislation would extend Medicaid coverage for
postpartum women beyond the 60 days already in law to one year
postpartum and would include oral health services for pregnant
and postpartum women. The bill would also require Medicaid
programs to pay primary care providers, including obstetrics
and gynecology providers, no less than the Medicare rate for
certain services. Additionally, the bill would establish a
maternity care home demonstration project for coordination of
care and to improve maternity and infant care outcomes.
H.R. 2602 would also require the Medicaid and CHIP Payment
and Access Commission (MACPAC) to issue a report on the
coverage of doula care under state Medicaid programs, and would
require the Centers for Medicare and Medicaid Services (CMS) to
issue guidance to states on increasing access to doula care
under Medicaid. Finally, the bill requires the GAO to issue a
report on the use of telemedicine by state Medicaid programs to
increase access to maternity care.
Legislative History
On May 8, 2019, H.R. 2602 was introduced by Representative
Pressley (MA-07), and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Health on May 9, 2019.
On September 10, 2019, the Subcommittee on Health held a
legislative hearing on H.R. 2602 and three other bills. The
witnesses included Wanda Irving, Mother of Dr. Shalon Irving;
Patrice Harris, M.D., President, Board of Trustees, American
Medical Association; Elizabeth Howell, M.D., M.P.P., Director,
Blavatnik Family Women's Health Research Institute, Icahn
School of Medicine at Mount Sinai; David Nelson, M.D., Chief of
Obstetrics, Parkland Health and Hospital System, Assistant
Professor of Obstetrics and Gynecology, Division of Maternal-
Fetal Medicine, University of Texas Southwestern Medical
Center; and Usha Ranji, Associate Director, Women's Health
Policy, Kaiser Family Foundation.
No further action was taken on H.R. 2602 in the 116th
Congress.
Creating Lower Cost Alternative for Your Prescription Drugs Act
H.R. 2757
To amend title XVIII of the Social Security Act to provide
for adjustments to the Medicare part D cost-sharing reductions
for low-income individuals.
Summary
This legislation would eliminate copayment requirements for
generic drugs for part D beneficiaries who receive low-income
subsidies (LIS). This bill would also reduce cost-sharing for
generic drugs to $0 for beneficiaries with income below 150
percent of the poverty line and seeks to incentivize the use of
available, higher value products among these beneficiaries.
Legislative History
On May 15, 2019, H.R. 2757 was introduced by Representative
Cunningham (SC-1), and referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means.
The bill was subsequently referred to the Subcommittee on
Health on May 16, 2019.
On May 21, 2019, the Subcommittee on Health held a
legislative hearing on seven bills, including H.R. 2755. The
witnesses included Lisa Joldersma, Senior Vice President,
Insurance and State Issues, Pharmaceutical Research and
Manufacturers of America; Kristin Bass, Chief Policy and
External Affairs Officer, Pharmaceutical Care Management
Association, Madelaine Feldman, President, Coalition of State
Rheumatology Organizations, Alliance of Specialty Medicine;
Frederick Isasi, Executive Director, Families USA; Mark Miller,
Executive Vice President of Health Care, Arnold Ventures; and
Douglas Holtz-Eakin, President, American Action Forum.
No further action was taken on H.R. 2757 in the 116th
Congress.
Educating Medical Professionals and Optimizing Workforce Efficiency and
Readiness for Health Act of 2019
H.R. 2781
To amend title VII of the Public Health Service Act to
reauthorize certain programs relating to the health professions
workforce, and for other purposes.
Summary
This legislation provides a five-year reauthorization for
the PHSA title VII health care workforce development grant
programs, including Area Health Education Centers and Health
Professions Training for Diversity. The bill also updates
language authorizing the Geriatrics Workforce Enhancement
program and the Geriatric Academic Career Awards program in
order to align that language with how the HRSA currently
administers the programs. Finally, the legislation reauthorizes
and updates the Investment in Tomorrow's Pediatric Health Care
Workforce program, which provides loan repayment for certain
qualifying pediatric specialists and subspecialists. This
legislation also creates a new workforce diversity program for
physical therapists, occupational therapists, audiologists, and
speech language pathologists, modeled after the longstanding
Nursing Workforce Diversity Program under title VIII of the
Public Health Service Act. The program would be authorized at
$5 million per year.
Legislative History
On May 16, 2019, H.R. 2781 was introduced by Representative
Schakowsky and referred the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Health on May 17, 2019.
On July 11, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 2781, and forwarded H.R. 2781,
amended, to the Committee on Energy and Commerce by a voice
vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2781, as amended, and
ordered the bill H.R. 2781 reported favorably to the House,
amended, by a voice vote.
On September 24, 2019, the Committee on Energy and Commerce
reported H.R. 2781 to the House (H. Rept. 116-214) and the bill
was placed on the Union Calendar (Calendar No. 169). On October
28, 2019, H.R. 2781 was considered in the House and passed, as
amended, by a voice vote.
On October 29, 2019, the Senate received H.R. 2781, read
the bill twice, and referred H.R. 2781 to the Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2781 in the 116th
Congress.
Keep Food Containers Safe From PFAS Act of 2019
H.R. 2827
To amend the Federal Food, Drug, and Cosmetics Act to deem
any perfluoroalkyl or polyfluoroalkyl substance used as a food
contact substance to be unsafe and therefore treated as
adulterated under such Act, and for other purposes.
Summary
This legislation amends the FFDCA to deem the use of PFAS
in food contact substances unsafe, beginning January 1, 2022,
meaning PFAS would no longer be able to be used in food contact
substances.
Legislative History
On May 17, 2019, H.R. 2827 was introduced by Representative
Dingell (MI-12), and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Health on May 20, 2019.
On January 29, 2020, the Subcommittee on Health held a
legislative hearing on H.R. 2827 and nine other bills. The
witnesses included Jeff Allen, Ph.D., President and CEO,
Friends of Cancer Research; Richard Kaeser, Vice President,
Global Brand Protection, Johnson & Johnson; Fernando Muzzio,
Ph.D., Distinguished Professor, Chemical and Biochemical
Engineering, Rutgers University of New Jersey; Kao-Ping Chua,
M.D., Ph.D., Assistant Professor, Department of Pediatrics,
University of Michigan Medical School; Melanie Benesh,
Legislative Attorney, Environmental Working Group; Tom Balmer,
Executive Vice President, National Milk Producers Federation;
J. David Carlin, Senior Vice President of Legislative Affairs
and Economic Policy, International Dairy Foods Association;
Douglas Corey, D.V.M., Past President, American Association of
Equine Practitioners; Talia Day, Patient Advocate; Paul C.
DeLeo, Ph.D., Principal, Integral Consulting, Inc.; Mardi
Mountford, President, Infant Nutrition Council of America;
Nancy Perry, Senior Vice President, Government Relations,
American Society for the Prevention of Cruelty to Animals; and
Sarah Sorscher, Deputy Director of Regulatory Affairs, Center
for Science in the Public Interest.
No further action was taken on H.R. 2827 in the 116th
Congress.
Marijuana Freedom and Opportunity Act
H.R. 2843
To decriminalize marijuana, and for other purposes.
Summary
This legislation decriminalizes marijuana by removing
marijuana and tetrahydrocannabinol (THC) from the list of
Schedule I substances under the CSA. The bill includes
directives to conduct research on the impact of marijuana on
the brain, the efficacy of medicinal marijuana, identification
of additional medical benefits and uses of cannabis, and
support highway safety research. The bill requires Alcohol and
Tobacco Tax and Trade Bureau to promulgate regulations that
require restrictions on advertising and promotion of marijuana
products. The bill also includes a grant program for States and
local governments for marijuana conviction expungement
programs.
Legislative History
On May 20, 2019, H.R. 2843 was introduced by Representative
Jeffries (NY-08), and referred to the Committee on Energy and
Commerce, and in addition to the Committees on the Judiciary,
Natural Resources, Agriculture, Transportation and
Infrastructure, and Small Business. The bill was subsequently
referred to the Subcommittee on Health on May 21, 2019.
On January 15, 2020, the Subcommittee on Health held a
legislative hearing on six bills, including H.R. 2843. The
witnesses included Matthew J. Strait, Senior Policy Advisor,
Diversion Control Division, Drug Enforcement Administration;
Douglas Throckmorton, M.D., Deputy Director for Regulatory
Programs, Center for Drug Evaluation and Research, Food and
Drug Administration; and Nora D. Volkow, M.D., Director,
National Institute on Drug Abuse, National Institutes of
Health.
No further action was taken on H.R. 2843 in the 116th
Congress.
Behavioral Health Coverage Transparency Act
H.R. 2874
To strengthen parity in mental health and substance use
disorder benefits.
Summary
This legislation would help improve and strengthen
enforcement of existing mental health parity laws, which
prohibit health insurance plans from imposing less favorable
benefit limitations on mental and substance use disorder
treatments than on medical/surgical benefits. The bill would
require health insurance plans to disclose the analysis they
utilize in making parity determinations, as well as the rate of
and reasons for denials of mental health claims. It would also
require Federal regulators to conduct audits of health
insurance plans and establish a Consumer Parity Unit that gives
consumers a centralized online hub to get information about
their rights and to submit complaints.
Legislative History
On May 21, 2019, H.R. 2874 was introduced by Representative
Kennedy (MA-04), and referred to the Committee on Energy and
Commerce, and in addition to the Committees on Ways and Means,
and Education and Labor. The bill was subsequently referred to
the Subcommittee on Health on May 22, 2019.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills including H.R. 2874. The
witnesses included Former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr., Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
No further action was taken on H.R. 2874 in the 116th
Congress.
Respond to the Needs in the Opioid War Act
H.R. 2922
To address the opioid epidemic, and for other purposes.
Summary
This bill authorizes $5 billion annually for five years to
support the Federal public health response to the opioid
epidemic through an Opioid Epidemic Response Fund that
allocates money to: SAMHSA, CDC, FDA, NIH, HRSA, and the
Administration on Children and Families (ACF). The bill
increases funding for regional partnership grants and extends
state and tribal support. Additionally, the bill allows certain
qualifying practitioners to continue to dispense and prescribe
opioid addiction treatment beyond the October 1, 2023 time
limitation in current law. Qualifying practitioners with
authority expiring in 2023 include clinical nurse specialists,
certified registered nurse anesthetists, and certified nurse
midwives.
Legislative History
On May 22, 2019, H.R. 2922 was introduced by Representative
Kuster and referred to Committee on Energy and Commerce, and in
addition to the Committees on the Judiciary, Ways and Means,
the Budget, and Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned. The bill was
subsequently referred to the Subcommittee on Health on May 23,
2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 15 bills, including H.R. 2922. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
No further action was taken on H.R. 2922 in the 116th
Congress.
Women's Health Protection Act of 2019
H.R. 2975
To protect a woman's ability to determine whether and when
to bear a child or end a pregnancy, and to protect a health
care provider's ability to provide reproductive health care
services, including abortion services.
Summary
This legislation establishes the Federal statutory right to
access abortion and the Federal right of health care providers
to perform abortions without medically unnecessary restrictions
on the provision of abortion services. The bill states that
access to safe, legal abortion services is central to women's
ability to participate equally in economic and social life, and
that restrictions on abortion do not confer any societal,
health, or safety benefits on a patient. It also acknowledges
that the U.S. Supreme Court has a history of upholding the
right to access safe, legal abortion services, and that this
right has been obstructed by states laws throughout the United
States for reasons that are not based on medical evidence. In
addition, it finds that these restrictions harm women's health
by also reducing access to essential health care services such
as contraceptive services and screenings for cervical cancer
and sexually transmitted diseases.
H.R. 2975 allows health care providers to provide abortion
services without limitations or requirements unless these
requirements are similarly applied to medically comparable
procedures. This ensures that the provision of abortion care is
not treated differently or singled out from other types of
health care procedures for reasons other than medical
necessity. The bill further prohibits various restrictions on
the statutory right to provide and receive abortion services
and imposes limits on states' authorities in instances, which
include, but are not limited to: a requirement that a health
care provider perform tests or medical procedures in connection
to the abortion services; a prohibition on abortion prior to
the age of viability for both elective and nonelective
abortions; a requirement that patients make medically
unnecessary in-person visits to any medical entity; and a
requirement that a health care provider offer or provide the
patient seeking abortion services medically inaccurate
information in advance of or during abortion services.
Legislative History
On May 23, 2019, H.R. 2975 was introduced by Representative
Chu and referred to Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Health on May
24, 2019.
On February 12, 2020, the Subcommittee on Health held a
legislative hearing on H.R. 2975. The witnesses included Holly
Alvarado, Advocate; Teresa Stanton Collett, J.D., Professor of
Law, University of St. Thomas School of Law; Georgette Forney,
President of Anglicans for Life, Co-founder of the Silent No
More Awareness Campaign; Nancy Northup, President and CEO,
Center for Reproductive Rights; and Dr. Yashica Robinson,
Medical Director, Alabama Women's Center for Reproductive
Alternatives.
No further action was taken on H.R. 2975 in the 116th
Congress.
South Asian Heart Health Awareness and Research Act of 2020
H.R. 3131
To amend the Public Health Service Act to provide for
research and improvement of cardiovascular health among the
South Asian population of the United States, and for other
purposes.
Summary
This legislation authorizes the Secretary of HHS to award
heart health promotion grants to states for awareness
initiatives, educational materials, and training workshops. The
legislation also authorizes the Secretary of HHS to conduct or
support research regarding cardiovascular disease, type 2
diabetes, and other heart health-related ailments among at risk
populations, including the South Asian populations. The
Secretary may also establish a research catalogs for existing
heart health research and treatment options.
Legislative History
On June 5, 2019, H.R. 3131 was introduced by Representative
Jayapal (WA-07), and referred the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Health on June 6, 2019.
Prior to the introduction of the bill, the Subcommittee on
Health held a hearing entitled ``Health Care Inequality:
Confronting Racial and Ethnic Disparities in COVID-19 and the
Health Care System'' on June 17, 2020. The invited witnesses
included Rhea Boyd, M.D., M.P.H., Pediatrician and Child Health
Advocate, Palo Alto Medical Foundation; Oliver T. Brooks, M.D.,
President, National Medical Association; and Avik S. A. Roy,
President, The Foundation for Research on Equal Opportunity.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 3131, and
ordered H.R. 3131 reported favorably to the House, amended, by
a voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 3131 (H. Rept. 116-550) to the House and the bill
was placed on the Union Calendar (Calendar No. 450). That same
day, the House considered H.R. 3131 under a motion to suspend
the Rules and passed H.R. 3131, as amended, by a voice vote.
On September 30, 2019, the Senate received H.R. 3131, read
the bill twice, and referred H.R. 3131 to the Senate Committee
on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 3131 in the 116th
Congress.
Mental Health Parity Compliance Act
H.R. 3165
To strengthen parity in mental health and substance use
disorder benefits.
Summary
This legislation would increase transparency with respect
to how health insurance plans are applying mental health parity
laws, by requiring plans to make available certain analyses of
how the plan is applying non quantitative treatment limits to
mental health and substance use disorder benefits, in
comparison to medical/surgical benefits. The bill would further
require Federal regulators to request this information if there
have been complaints against a particular health insurance plan
involving behavioral health benefits, and would require Federal
regulators to conduct random audits of health insurance plans.
Legislative History
On June 10, 2019, H.R. 3165 was introduced by
Representative Porter (CA-45), and referred to Committee on
Energy and Commerce, and in addition to the Committees on Ways
and Means, and Education and Labor. The bill was subsequently
referred to the Subcommittee on Health on June 11, 2019.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 3165. The
witnesses included Former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
No further action was taken on H.R. 3165 in the 116th
Congress.
Opioid Workforce Act of 2019
H.R. 3414
To amend title XVIII of the Social Security Act to provide
for the distribution of additional residency positions to help
combat the opioid crisis.
Summary
This bill increases the number of residency positions
eligible for graduate medical education payments under Medicare
by 1,000 slots over a five-year period for hospitals that
expand or establish approved residency programs in addiction
medicine, addiction psychiatry, pain medicine, or a program
that is a prerequisite of such programs.
Legislative History
On June 21, 2019, H.R. 3414 was introduced by
Representative Schneider (IL-10), and referred to Committee on
Energy and Commerce, and in addition to the Committee on Ways
and Means. The bill was subsequently referred to the
Subcommittee on Health on June 24, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on fifteen bills, including H.R. 3414. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
No further action was taken on H.R. 3414 in the 116th
Congress.
Behavioral Intervention Guidelines Act of 2020
H.R. 3539
To amend the Public Health Service Act to direct the
Secretary of the Department of Health and Human Services to
develop best practices for the establishment and use of
behavioral intervention teams at schools, and for other
purposes.
Summary
This legislation requires SAMHSA to develop best practices
for schools to establish behavioral intervention teams and
properly train them on how to intervene and avoid inappropriate
use of mental health assessments and law enforcement. No later
than one year after enactment, best practices shall be made
publicly available on a website of HHS. The Secretary is also
instructed to provide technical assistance to educational
entities to assist in implementing such best practices.
Legislative History
On June 27, 2019, H.R. 3539 was introduced by
Representative Ferguson (GA-3), and referred the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on June 28, 2019.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 3539. The
witnesses included Former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session on September 9, 2020 to
consider H.R. 3539, and ordered H.R. 3539 reported favorably to
the House, amended, by a voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 3539 to the House (H. Rept. 116-540) and the bill
was placed on the Union Calendar (Calendar No. 440). That same
day, H.R. 3539 was considered in the House and passed, as
amended, by a voice vote.
On September 30, 2020, the Senate received H.R. 3539, read
the bill twice, and referred H.R. 3539 to the Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 3539 in the 116th
Congress.
Territories Health Care Improvement Act
H.R. 3631
To amend titles XI and XIX of the Social Security Act to
provide for a temporary increase to the limit on Medicaid
payments for territories of the United States and the Federal
medical assistance percentage for such territories under the
Medicaid program, and for other purposes.
Summary
This legislation would increase Puerto Rico's Medicaid
funding to approximately $3 billion annually for four years,
increase the Federal medical assistance percentage (FMAP) for
four years, and make important program integrity improvements
to Puerto Rico's Medicaid program. It would require Puerto Rico
to have an asset verification program in place by the end of
the third year, and a payment error rate measurement program in
place by the end of the fourth year. It would also provide six
years of increased Federal funding and increased FMAP for the
U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth
of the Northern Mariana Islands. By the end of year four, the
legislation would require all of the territories to have
established a Transformed Medicaid Statistical Information
System (T-MSIS) and a Medicaid Fraud Control Unit (MFCU).
Legislative History
H.R. 3631 was developed following a hearing held by the
Subcommittee on Health entitled ``Strengthening Health Care in
the U.S. Territories for Today and Into the Future'' on June
20, 2019. The witnesses included Anne Schwartz, Ph.D.,
Executive Director, Medicaid and CHIP Payment and Access
Commission, Angela Avila, Executive Director, Administraion de
Seguros de Salud de Puerto Rico, Puerto Rico Health Insurance
Administration; Sandra King Young, Medicaid Director, American
Samoa State Agency; Maria Theresa Arcangel, Chief
Administrator, Guam Division of Public Welfare; Michal Rhymer-
Browne, Assistant Commissioner, Department of Human Services,
U.S. Virgin Islands; and Helen C. Sablan, Medicaid Director,
Commonwealth of the Northern Mariana Islands State Medicaid
Agency.
On July 9, 2019, H.R. 3631 was introduced by Representative
Soto, and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on Health on
July 10, 2019.
On July 11, 2019, the Subcommittee on Health met in open
markup session to consider H.R. 3631 and forwarded H.R. 3631,
without amendment, to the Committee on Energy and Commerce by a
voice vote.
No further action was taken on H.R. 3631 in the 116th
Congress.
Medical Marijuana Research Act of 2019
H.R. 3797
To amend the Controlled Substances Act to make marijuana
accessible for use by qualified marijuana researchers for
medical purposes, and for other purposes.
Summary
This legislation facilitates research with marijuana by
streamlining the registration process under the CSA for
researchers and directing the Secretary of HHS to ensure a
supply of marijuana for research purposes through the National
Institute on Drug Abuse (NIDA) Drug Supply Program and from
state authorized marijuana programs.
The bill authorizes the Attorney General to register
practitioners to conduct research if the applicant is already
authorized to conduct research with controlled substances for
Schedules I through V, has had their research protocol reviewed
and approved by the Secretary, and the Secretary has determined
the applicant is qualified to conduct bona fide research. The
bill also directs NIDA and HHS to act on marijuana research
registration applications within 60 days prior to supplying
marijuana through the NIDA Drug Supply Program or a State
authorized marijuana program, and directs the DEA to also
approve or deny CSA registration applications within 60 days of
receipt. Researchers conducting research on marijuana would be
subject to the same security requirements for research on other
controlled substances in Schedules II through V. The bill
prevents HHS from reinstating an additional review processes
related to marijuana research. The bill also directs the HHS
Secretary to conduct a review of existing marijuana research
and submit a report to Congress on such review.
Legislative History
On July 17, 2019, H.R. 3797 was introduced by
Representative Blumenauer (OR-3) and referred to the Committee
on Energy and Commerce, and in addition to the Committee on the
Judiciary. It was subsequently referred to the Subcommittee on
Health on July 18, 2019.
On January 15, 2020, the Subcommittee on Health held a
legislative hearing on six bills, including H.R. 3797. The
witnesses included Matthew J. Strait, Senior Policy Advisor,
Diversion Control Division, Drug Enforcement Administration;
Douglas Throckmorton, M.D., Deputy Director for Regulatory
Programs, Center for Drug Evaluation and Research, Food and
Drug Administration; and Nora D. Volkow, M.D., Director,
National Institute on Drug Abuse, National Institutes of
Health.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session and ordered H.R. 3797,
amended, reported favorably to the House by a voice vote.
On December 7, 2020, the Committee on Energy and Commerce
filed a House report on H.R. 3797 (H. Rept. 116-619) and the
bill was placed on the Union Calendar (Calendar No. 508).
On December 9, 2020, the House considered H.R. 3797, under
a motion to suspend the Rules and passed H.R. 3797 by a voice
vote.
On December 10, 2020, H.R. 3797 was received by the Senate.
No further action was taken on H.R. 3797 in the 116th
Congress.
Block, Report, and Suspend Suspicious Shipments Act of 2019
H.R. 3878
To amend the Controlled Substances Act to clarify the
process for registrants to exercise due diligence upon
discovering a suspicious order, and for other purposes.
Summary
This bill would create additional requirements for drug
manufacturers and distributors who discover a suspicious order
for controlled substances. In addition to reporting the
suspicious order to the DEA, a manufacturer or distributor must
also exercise due diligence, decline to fill the order or
series of orders, and notify the DEA of each suspicious order
or series of orders and the indicators that led to the belief
that filling such orders would be a violation. These
requirements would become effective six months following
enactment.
Legislative History
On July 23, 2019, H.R. 3878 was introduced by
Representative McKinley, and referred to the Committee on
Energy and Commerce, and in addition to the Committee on the
Judiciary. It was subsequently referred to the Subcommittee on
Health on July 24, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 14 bills, including H.R. 3878. The
witnesses included ADM Brett P. Giroir, M.D.,Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session and ordered H.R. 3878,
amended, reported favorably to the House by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 3878 to the House (H. Rept. 116-583) and the bill
was placed on the Union Calendar (Calendar No. 481).
On November 17, 2020, the House considered a motion to pass
H.R. 3878, under a motion to suspend the Rules, and passed H.R.
3878 by a voice vote.
On November 18, 2020, H.R. 3878 was received by the Senate,
read twice, and referred to the Senate Committee on the
Judiciary.
No further action was taken on H.R. 3878 in the 116th
Congress.
Marijuana Opportunity Reinvestment and Expungement Act of 2019
H.R. 3884
To decriminalize and deschedule cannabis, to provide for
reinvestment in certain persons adversely impacted by the War
on Drugs, to provide for expungement of certain cannabis
offenses, and for other purposes.
Summary
This legislation removes marijuana and THC from the list of
Schedule I drugs under the CSA. The bill directs the Attorney
General to finalize rulemaking to remove marijuana and THC from
the schedules of controlled substances and deem the drug or
substance that does not meet the requirements for inclusion in
any schedule. The bill directs the Bureau of Labor Statistics
to compile public data on the demographics of the cannabis
industry.
The bill also creates an Opportunity Trust Fund at the
Treasury to support new programs, including: the establishment
of a Cannabis Justice Office within the Department of Justice
Office of Justice Programs; and a Community Reinvestment
Program that offers job training, reentry services, legal aid
for civil and criminal cases, including expungement of cannabis
convictions, literacy and health education programs, and youth
recreation or mentoring programs. The bill includes authorities
for the Small Business Administration to support services for
cannabis-related businesses. The bill further includes a
provision related to the expungement of arrests, convictions,
or adjudication related to Federal cannabis offenses.
Legislative History
On July 23, 2019, H.R. 3884 was introduced by
Representative Nadler (NY-10), and referred to the Committee on
the Judiciary, and in addition to the Committees on Energy and
Commerce, Agriculture, Education and Labor, Ways and Means,
Small Business, Natural Resources, and Oversight and Reform. It
was subsequently referred to the Subcommittee on Health on July
24, 2019.
On January 15, 2020, the Subcommittee on Health held a
legislative hearing on six bills, including H.R. 3884. The
witnesses included Matthew J. Strait, Senior Policy Advisor,
Diversion Control Division, Drug Enforcement Administration;
Douglas Throckmorton, M.D., Deputy Director for Regulatory
Programs, Center for Drug Evaluation and Research, Food and
Drug Administration; and Nora D. Volkow, M.D., Director,
National Institute on Drug Abuse, National Institutes of
Health.
On December 4, 2020, the House considered H.R. 3884 under
the provisions of H. Res. 1244 and passed H.R. 3884, amended,
by a recorded vote of 228 yeas and 164 nays (Roll Call No.
235).
On December 7, 2020, H.R. 3884 was received by the Senate,
read twice, and referred to the Senate Committee on Finance.
No further action was taken on H.R. 3884 in the 116th
Congress.
Protecting Patients Transportation to Care Act
H.R. 3935
To amend title XIX of the Social Security Act to provide
for the continuing requirement of Medicaid coverage of
nonemergency transportation to medically necessary services.
Summary
This legislation would amend the Medicaid statute to
include non-emergency medical transportation (NEMT) in the list
of mandatory Medicaid benefits by codifying current Medicaid
NEMT regulations. The bill would also require state Medicaid
programs to have in place a utilization management process for
the benefit.
Legislative History
On July 24, 2019, H.R. 3935 was introduced by
Representative Carter (GA-01), and referred to the Committee on
Energy and Commerce. H.R. 3935 was subsequently referred to the
Subcommittee on Health on July 25, 2019.
On January 8, 2020, the Subcommittee on Health held a
legislative hearing on seven bills, including H.R. 3935. The
witnesses included Lee Beers, M.D., President-Elect, American
Academy of Pediatrics; Kenneth Mendez, President and Chief
Executive Officer, Asthma and Allergy Foundation of America;
Stephanie Zarecky, Mother of Scarlett Pauley, Ambassador
Program and Public Relations Manager, SUDC Foundation; Matthew
Cooper, M.D., Director, Kidney and Pancreas Transplantation,
Medical Director, QAPI, Medstar Georgetown Transplant
Institute, Professor of Surgery, Georgetown University School
of Medicine; Kevin Koser, Patient Advocate, On behalf of the
National Foundation for Ectodermal Dysplasias; and Fred
Riccardi, President, Medicare Rights Center.
On March 11, 2020, the Subcommittee on Health met in open
markup session to consider H.R. 3935 and forwarded H.R. 3935,
amended, to the Committee on Energy and Commerce by a voice
vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 3935 and
ordered H.R. 3935, amended, reported favorably to the House by
a voice vote.
On September 17, 2020, the Committee on Energy and Commerce
reported H.R. 3935 to the House (H. Rept. 116-511) and the bill
was placed on the Union Calendar (Calendar No. 411).
On September 21, 2020, the House considered H.R. 3935 under
a motion to suspend the Rules and passed H.R. 3935 by a voice
vote.
On September 22, 2020, H.R. 3935 was received by the
Senate, read twice, and referred to the Senate Committee on
Finance.
No further action was taken on H.R. 3935 in the 116th
Congress.
Early Act Reauthorization of 2020
H.R. 4078
To reauthorize the Young Women's Breast Health Education
and Awareness Requires Learning Young Act of 2009.
Summary
This legislation reauthorizes the ``Young Women's Breast
Health Education and Awareness Requires Learning Young Act of
2009''. This program was authorized and funded at $4.9 million
each year from fiscal years 2015 through 2019. The bill would
increase the authorization to $9 million each year from fiscal
years 2021 through 2025.
Legislative History
On July 25, 2019, H.R. 4078 was introduced by
Representative Wasserman Schultz, and referred to the Committee
on Energy and Commerce. H.R. 4078 was subsequently referred to
the Subcommittee on Health on July 26, 2019.
On July 29, 2020, the Subcommittee on Health held a
legislative hearing on five bills, including H.R. 4078. The
witnesses included Robert Boyd, M.C.R.P., M.Div., President,
School-Based Health Alliance; Linda Goler Blount, M.P.H.,
President and CEO, Black Women's Health Imperative; Nancy
Goodman, M.P.P., J.D., Founder and Executive Director, Kids v.
Cancer; Aaron Seth Kesselheim, M.D., J.D., M.P.H., Professor of
Medicine, Harvard Medical School; Brian Lindberg, Chief Legal
Officer and General Counsel, National Bone Marrow Donor
Program; and Travis T. Tygart, Chief Executive Officer, U.S.
Anti-Doping Agency.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 4078 and
ordered H.R. 4078, without amendment, reported favorably to the
House by a voice vote.
On September 25, 2020, the Committee on Energy and Commerce
reported H.R. 4078 to the House (H. Rept. 116-538) and the bill
was placed on the Union Calendar (Calendar No. 438).
On September 29, 2020, the House considered H.R. 4078 under
a motion to suspend the Rules and passed H.R. 4078 by a voice
vote.
On September 30, 2020, H.R. 4078 was received by the
Senate, read twice, and referred to the Senate Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 4078 in the 116th
Congress.
Humane Correctional Health Care Act
H.R. 4141
To amend title XIX of the Social Security Act to provide a
consistent standard of health care to the incarcerated, and for
other purposes.
Summary
This bill would repeal the Medicaid inmate exclusion, which
prohibits Medicaid from paying for health care for Justice-
involved individuals and would require a report by the GAO on
issues related to inmate health care.
Legislative History
On August 2, 2019, H.R. 4141 was introduced by
Representative Kuster, and referred to the Committee on Energy
and Commerce, and in addition to the Committee on the
Judiciary. It was subsequently referred to the Subcommittee on
Health on August 5, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 14 bills, including H.R. 4141. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
No further action was taken on H.R. 4141 in the 116th
Congress.
Safe Cosmetics and Personal Care Products Act of 2019
H.R. 4296
To amend title VI of the Federal Food, Drug, and Cosmetics
Act to ensure the safe use of cosmetics, and for other
purposes.
Summary
This legislation would require manufacturers of personal
care products sold in the United States to register with FDA.
The bill would also require manufacturers to disclose the
ingredients in their products on the label, including the
ingredients in any fragrances. It would provide FDA with
mandatory recall authority for cosmetics and personal care
products and require public notice of such recalls. Further,
the bill would ban toxic ingredients.
Legislative History
On September 12, 2019, H.R. 4296 was introduced by
Representative Schakowsky, and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Education and Labor. It was subsequently referred to the
Subcommittee on Health on September 13, 2019.
On December 4, 2019, the Subcommittee on Health held a
legislative hearing on two bills, including H.R. 4296. The
witnesses included Susan Mayne, Ph.D., Director, Center for
Food Safety and Applied Nutrition, U.S. Food and Drug
Administration; M. Isabelle Chaudry, J.D., Senior Policy
Manager, National Women's Health Network; Scott Faber, Senior
Vice President, Government Affairs, Environmental Working
Group; Leigh O'Donnell, Executive Director, The Handcrafted
Soap and Cosmetic Guild; and Gregg Renfrew, Founder and Chief
Executive Officer, Beautycounter, LLC.
No further action was taken on H.R. 4296 in the 116th
Congress.
Greater Mental Health Access Act
H.R. 4428
To establish a special enrollment period for family members
of an individual who has died by suicide, to establish a
competitive grant program to provide services and support to
friends and family members impacted by an individual's suicide,
and for other purposes.
Summary
This legislation would establish a special enrollment
period in both the individual insurance and group insurance
market for family members of an individual who has died by
suicide. The bill would treat the death of a family member by
suicide as a ``qualifying life event'' through which surviving
family may enroll in or change their health insurance to cover
mental health services. The bill would also provide $6 million
in grants from the Prevention and Public Health Fund for
outpatient mental health services.
Legislative History
On September 19, 2019, H.R. 4428 was introduced by
Representative Wild (PA-7), and referred to the Committee on
Energy and Commerce, and in addition to the Committees on Ways
and Means, and Oversight and Reform. It was subsequently
referred to the Subcommittee on Health on September 20, 2019.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 4428. The
witnesses included former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr., Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
No further action was taken on H.R. 4428 in the 116th
Congress.
Creating Hope Reauthorization Act
H.R. 4439
To amend the Federal Food, Drug, and Cosmetics Act to make
permanent the authority of the Secretary of Health and Human
Services to issue priority review vouchers to encourage
treatments for rare pediatric diseases.
Summary
This legislation would extend the pediatric rare disease
priority review voucher program at FDA for four years through
fiscal year 2024.
Legislative History
On September 20, 2019, H.R. 4439 was introduced by
Representative Butterfield and referred to the Committee on
Energy and Commerce. H.R. 4439 was subsequently referred to the
Subcommittee on Health on September 23, 2019.
On July 29, 2020, the Subcommittee on Health held a
legislative hearing on five bills, including H.R. 4439. The
witnesses included Robert Boyd, M.C.R.P., M. Div., President,
School-Based Health Alliance; Linda Goler Blount, M.P.H.,
President and CEO, Black Women's Health Imperative; Nancy
Goodman, M.P.P., J.D., Founder and Executive Director, Kids v.
Cancer; Aaron Seth Kesselheim, M.D., J.D., M.P.H., Professor of
Medicine, Harvard Medical School; Brian Lindberg, Chief Legal
Officer and General Counsel, National Bone Marrow Donor
Program; and Travis T. Tygart, Chief Executive Officer, U.S.
Anti-Doping Agency.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 4439 and
ordered H.R. 4439, amended, reported favorably to the House by
a voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 4439 to the House (H. Rept. 116-551) and the bill
was placed on the Union Calendar (Calendar No. 451).
On September 29, 2020, the House considered H.R. 4439 under
a motion to suspend the Rules and passed H.R. 4439, as amended,
by a voice vote.
On September 30, 2020, H.R. 4439 was received by the
Senate.
No further action was taken on H.R. 4439 in the 116th
Congress.
Codifying Useful Regulatory Definitions Act
H.R. 4487
To amend the Federal Food, Drug, and Cosmetics Act to
define the term natural cheese.
Summary
The legislation amends the FFDCA to define the term
``natural cheese'' as cheese produced by coagulating the
protein of milk, skimmed milk, partly skimmed milk, cream, whey
cream, or buttermilk, or any combination of such ingredients.
The bill further specifies that this must be done through the
action of rennet or other suitable coagulating agents, and by
partially draining the whey resulting from the coagulation. The
bill distinguishes ``natural cheese'' from pasteurized process
cheese and restricts the use of the term ``natural cheese'' on
product labeling to foods defined as such.
Legislative History
On September 25, 2019, H.R. 4487 was introduced by
Representative Kind, and referred to the Committee on Energy
and Commerce. It was subsequently referred to the Subcommittee
on Health on September 26, 2019.
On January 29, 2020, the Subcommittee on Health held a
legislative hearing on ten bills, including H.R. 4487. The
witnesses included Jeff Allen, Ph.D., President and CEO,
Friends of Cancer Research; Richard Kaeser, Vice President,
Global Brand Protection, Johnson & Johnson; Fernando Muzzio,
Ph.D.,Distinguished Professor, Chemical and Biochemical
Engineering, Rutgers, the State University of New Jersey; Kao-
Ping Chua, M.D., Ph.D., Assistant Professor, Department of
Pediatrics, University of Michigan Medical School; Melanie
Benesh, Legislative Attorney, Environmental Working Group; Tom
Balmer, Executive Vice President, National Milk Producers
Federation; J. David Carlin, Senior Vice President of
Legislative Affairs and Economic Policy, International Dairy
Foods Association; Douglas Corey, D.V.M., Past President,
American Association of Equine Practitioners; Talia Day,
Patient Advocate; Paul C. DeLeo, Ph.D., Principal, Integral
Consulting, Inc.; Mardi Mountford, President, Infant Nutrition
Council of America; Nancy Perry, Senior Vice President,
Government Relations, American Society for the Prevention of
Cruelty to Animals; and Sarah Sorscher, Deputy Director of
Regulatory Affairs, Center for Science in the Public Interest.
No further action was taken on H.R. 4487 in the 116th
Congress.
NIMHD Research Endowment Revitalization Act of 2019
H.R. 4499
To amend the Public Health Service Act to provide that the
authority of the Director of the National Institute on Minority
Health and Health Disparities (NIMHD) to make certain research
endowments applies with respect to both current and former
centers of excellence, and for other purposes.
Summary
This legislation authorizes the NIMHD to facilitate
research on minority health disparities through research
endowments at current or former centers of excellence.
Legislative History
On September 26, 2019, H.R. 4499 was introduced by
Representative Barragan, and referred to the Committee on
Energy and Commerce. H.R. 4499 was subsequently referred to the
Subcommittee on Health on September 27, 2019.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 4499 and
ordered H.R. 4499, without amendment, reported favorably to the
House by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 4499 to the House (H. Rept. 116-571) and the bill
was placed on the Union Calendar (Calendar No. 469).
On November 17, 2020, the House considered H.R. 4499 under
a motion to suspend the Rules and passed H.R. 4499, as amended,
by a voice vote.
On November 18, 2020, H.R. 4499 was received by the Senate,
read twice, and placed on the Senate Legislative Calendar under
General Orders.
No further action was taken on H.R. 4499 in the 116th
Congress.
Expanding Health Care Options for Early Retirees Act
H.R. 4527
To amend title XVIII of the Social Security Act to provide
an option for first responders age 50 to 64 who are separated
from service due to retirement or disability to buy into
Medicare.
Summary
This legislation would allow qualified first responders age
50 to 64 to buy-in to Medicare. A qualified first responder is
defined as a first responder, such as a law enforcement officer
or firefighter, who is separated from service due to retirement
or disability. The Secretary of HHS would determine a monthly
premium for individual first responders who enroll under this
buy-in program. The coverage would be treated as coverage
provided by a Qualified Health Plan offered on the Marketplace
and individuals would be eligible for the ACA's tax credits and
cost-sharing subsidies. The bill would also allow for first
responders to utilize defined contributions from retiree plans
to help purchase coverage. First responders would not be
eligible, however, for any cost sharing assistance provided by
the Medicare program. States would be prohibited from
purchasing Medicare buy-in coverage on behalf of Medicaid
eligible individuals age 50 to 64.
Legislative History
On September 26, 2019, H.R. 4527 was introduced by
Representative Malinowski (NJ-7), and was referred to the
Committee on Ways and Means, and in addition to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Health on September 27, 2019.
On December 10, 2019, the Subcommittee on Health held a
legislative hearing on nine bills, including H.R. 4527. The
witnesses included the Honorable Pramila Jayapal (D-WA), Member
of Congress; the Honorable Rosa L. DeLauro (D-CT), Member of
Congress; the Honorable Brian Higgins (D-NY), Member of
Congress; the Honorable Antonio Delgado (D-NY), Member of
Congress; the Honorable Tom Malinowski (D-NJ), Member of
Congress; Sarah Rosenbaum, J.D., Harold and Jane Hirsh
Professor of Health Law and Policy, George Washington
University Milken Institute School of Public Health; Peter
Morley, Patient Advocate; Jean Ross, RN, President, National
Nurses United; Douglas Holtz-Eakin, Ph.D., President, American
Action Forum; and Scott W. Atlas, M.D., David and Joan Traitel
Senior Fellow, Hoover Institution, Stanford University.
No further action was taken on H.R. 4527 in the 116th
Congress.
Suicide Prevention Lifeline Improvement Act of 2020
H.R. 4564
To amend the Public Health Service Act to ensure the
provision of high-quality service through the Suicide
Prevention Lifeline, and for other purposes.
Summary
This legislation increases the authorization of the
National Suicide Prevention Lifeline program. The bill directs
HHS to establish a plan for maintaining the program, including
sharing certain data with CDC. In addition, the bill includes a
pilot to research, analyze, and employ innovative technologies
and platforms for suicide prevention and reports on the use and
progress of the pilot. H.R. 4564 requires the Comptroller
General to complete a study on the Suicide Prevention Lifeline
program reviewing the characteristics of the calls made to the
program, implementation of the plan to improve service, and any
legislative or administrative recommendations.
Legislative History
On September 27, 2019, H.R. 4564 was introduced by
Representative Katko (NY-24), and the bill was referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Health on September 30, 2019.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 4564. The
witnesses included former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
On July 15, 2020, the Committee on Energy and Commerce met
in a virtual open markup session on July 15, 2020, to consider
H.R. 4564 and ordered H.R. 4564 reported favorably to the
House, without amendment, by a voice vote.
On September 18, 2020, the Committee on Energy and Commerce
reported H.R. 4564 (H. Rept. 116-517) and the bill was placed
on the Union Calendar (Calendar No. 417).
On September 21, 2020, House considered H.R. 4564 under a
motion to suspend the Rules and passed H.R. 4564, as amended,
by a voice vote.
H.R. 4564 was received by the Senate on September 21, 2020,
and was referred to the Senate Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 4564 in the 116th
Congress.
Campaign to Prevent Suicide Act
H.R. 4585
A bill to require the Secretary of Health and Human
Services to conduct a national suicide prevention media
campaign, and for other purposes.
Summary
This legislation would direct HHS, in coordination with CDC
and the SAMHSA, to carry out a national suicide prevention
media campaign to advertise the new 9-8-8 suicide hotline
number, when it becomes effective, raise awareness for suicide
prevention resources, and cultivate a more effective discourse
on how to prevent suicide. The bill would also provide guidance
to television and social media platform companies on how to
talk about suicide by creating a best practices toolkit.
Legislative History
On October 2, 2019, H.R. 4585 was introduced by
Representative Beyer (VA-8), and referred to the Committee on
Energy and Commerce.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 4585. The
witnesses included former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
On July 15, 2020, the Committee on Energy and Commerce met
in a virtual open markup session to consider H.R. 4585 and
ordered H.R. 4585 reported favorably to the House, amended, by
a voice vote.
On September 18, 2020, the Committee on Energy and Commerce
reported H.R. 4585 to the House (H. Rept. 116-516) and the bill
was placed on the Union Calendar (Calendar No. 416).
On September 21, 2020, House considered H.R. 4585 under a
motion to suspend the Rules and passed H.R. 4585l, as amended,
by a voice vote. By unanimous consent, the House approved that
the title of the measure be amended as follows: ``A bill to
require the Secretary of Health and Human Services to conduct a
national suicide prevention media campaign, and for other
purposes''.
H.R. 4585 was received by the Senate on September 21, 2020,
and was referred to the Senate Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 4585 in the 116th
Congress.
Timely Reauthorization of Necessary Stem-Cell Programs Lend Access to
Needed Therapies Act of 2019
H.R. 4764
To reauthorize the Stem Cell Therapeutic and Research Act
of 2005, and for other purposes.
Summary
This legislation reauthorizes the C.W. Bill Young
Transplantation Program at level funding of $30 million each
year from fiscal years 2021 through 2025. The bill also
requires HRSA Advisory Council on Blood Stem Cell
Transplantation to meet at least twice a year and requires HHS
to review the state of the science no less than every two years
related to adult stem cells and birthing tissues for the
purpose of potentially including these innovative therapies in
the Program. In addition, the bill reauthorizes the cord blood
inventory program under the Stem Cell Therapeutic and Research
Act of 2005 at level funding of $23 million for each year from
fiscal years 2021 through 2025. Finally, the bill would
instruct the Comptroller General to conduct a report on the
regenerative medicine workforce.
Legislative History
On October 18, 2019, H.R. 4764 was introduced by
Representative Matsui, and was referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on October 21, 2019.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 4764 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 4764 to the House (H. Rept. 116-549) and the bill
was placed on the Union Calendar (Calendar No. 449).
On September 30, 2020, the House considered H.R. 4764 under
a motion to suspend the Rules and passed H.R. 4765, as amended,
by a recorded vote of 414 yeas and 0 nays (Roll Call No. 211).
On October 1, 2020, the bill was received in the Senate.
No further action was taken on H.R. 4765 in the 116th
Congress.
Debarment Enforcement of Bad Actor Registrants Act of 2019
H.R. 4806
To amend the Controlled Substances Act to authorize the
debarment of certain registrants, and for other purposes.
Summary
This legislation would amend the Controlled Substances Act
to allow the Attorney General to prohibit any registrant from
manufacturing, distributing, or dispensing a controlled
substance or a list I chemical if that registrant meets or has
met any of the conditions for suspension or revocation of
registration under subsection (a) of the Act, or is a person
with a history of prior suspension or revocations.
Legislative History
On October 23, 2019, H.R. 4806 was introduced by
Representative Latta (OH-05), and was referred to the Committee
on Energy and Commerce, and in addition to the Committee on the
Judiciary. The bill was subsequently referred to the
Subcommittee on Health on October 26, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 14 bills, including H.R. 4806. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 4806 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 4806 to the House, amended, (H. Rept. 116-585),
and the bill was placed on the Union Calendar (Calendar No.
483).
On November 17, 2020, the House considered H.R. 4806 under
a motion to suspend the Rules and passed H.R. 4806, as amended,
by a voice vote.
On November 18, 2020, the bill was received by the Senate
and referred to the Senate Committee on the Judiciary.
No further action was taken on H.R. 4806 in the 116th
Congress.
Fairness in Orphan Drug Exclusivity Act
H.R. 4712
To amend the Federal Food, Drug, and Cosmetic Act with
respect to limitations on exclusive approval or licensure of
orphan drugs, and for other purposes.
Summary
This legislation updates the Orphan Drug Act to require
drug manufacturers seeking orphan drug designations to
demonstrate the absence of any reasonable expectation that the
costs they incur in developing and making those drugs available
in the United States for such disease or condition. The bill
directs the FDA and the drug manufacturer to take into
consideration the sales of all drugs for the rare disease or
condition developed by the same manufacturer as well as all
drugs containing the same active moiety. H.R. 4712 would direct
the FDA to take into consideration the sales of all drugs made
by the manufacturer under the same orphan drug designation.
Legislative History
On September 26, 2019, H.R. 4712 was introduced by
Representative Dean (PA-04), and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on September 27, 2019.
On January 29, 2020, the Subcommittee on Health held a
hearing on 10 bills, including H.R. 4712. The witnesses
included Jeff Allen, Ph.D., President and CEO, Friends of
Cancer Research; Richard Kaeser, Vice President, Global Brand
Protection, Johnson & Johnson; Fernando Muzzio, Ph.D.,
Distinguished Professor, Chemical and Biochemical Engineering,
Rutgers, the State University of New Jersey; Kao-Ping Chua,
M.D., Ph.D., Assistant Professor, Department of Pediatrics,
University of Michigan Medical School; Melanie Benesh,
Legislative Attorney, Environmental Working Group; Tom Balmer,
Executive Vice President, National Milk Producers Federation;
J. David Carlin, Senior Vice President of Legislative Affairs
and Economic Policy, International Dairy Foods Association,
Douglas Corey, D.V.M., Past President, American Association of
Equine Practitioners; Talia Day, Patient Advocate; Paul C.
DeLeo, Ph.D., Principal, Integral Consulting, Inc.; Mardi
Mountford, President, Infant Nutrition Council of America;
Nancy Perry, Senior Vice President, Government Relations,
American Society for the Prevention of Cruelty to Animals; and
Sarah Sorscher, Deputy Director of Regulatory Affairs, Center
for Science in the Public Interest.
On March 11, 2020, the Subcommittee on Health met in open
markup session to consider H.R. 4712 and forwarded the bill,
amended, to the Committee on Energy and Commerce by a voice
vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 4712 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 4712 to the House, as amended, (H. Rept. 116-572)
and the bill was placed on the Union Calendar (Calendar No.
470).
On November 17, 2020, House considered H.R. 4712 under a
motion to suspend the Rules and passed the bill, as amended, by
a voice vote.
On November 18, 2020, H.R. 4712 was received by the Senate
and referred to the Senate Committee on Health, Education,
Labor, and Pensions.
No further action was taken on the H.R. 4712 in the 116th
Congress.
Budgeting for Opioid Addiction Treatment Act
H.R. 4793
To amend the Internal Revenue Code of 1986 to establish a
stewardship fee on the production and importation of opioid
pain relievers, and for other purposes.
Summary
This bill imposes a one cent per milligram fee on the sale
of active opioids by the manufacturer, producer, or importer.
Opioids used for purposes of treatment of opioid addiction
would be excluded. The bill also establishes a rebate or
discount program for hospice or cancer patients who pay any
amount related to the stewardship fee. Federal revenues as a
result of this fee would be distributed to States under the
SAMHSA Substance Abuse Prevention and Treatment Block Grant
program for certain purposes, including but not limited to new
addiction treatment facilities, sober living facilities,
recruiting certified mental health providers who provide
substance abuse treatment in medically underserved communities,
and expanding access to long-term, residential treatment
programs for SUD patients. HHS is required to report to
Congress no later than two years after enactment on the effect
of the program to the cost of active opioids, patient access,
and improvements, if any, to substance abuse treatment efforts.
Legislative History
On October 22, 2019, H.R. 4793 was introduced by
Representative Norcross (NJ-01), and referred to the Committee
on Energy and Commerce, and in addition to the Committee on
Ways and Means. The bill was subsequently referred to the
Subcommittee on Health on October 23, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 14 bills, including H.R. 4793. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
No further action was taken on H.R. 4793 in the 116th
Congress.
Ensuring Compliance Against Drug Diversion Act of 2019
H.R. 4812
To amend the Controlled Substances Act to provide for the
modification, transfer, and termination of a registration to
manufacture, distribute, or dispense controlled substances or
list I chemicals, and for other purposes.
Summary
This bill terminates the controlled substance registration
of any registrant if the registrant dies, ceases legal
existence, discontinues business or professional practice, or
surrenders registration. A registrant who ceases legal
existence or discontinues business is required to notify DEA.
Registrants must receive written consent from DEA in order to
assign or transfer a registration. Registrants are also
required to return certain documentation if a registrant's work
is discontinued.
Legislative History
On October 23, 2019, H.R. 4812 was introduced by
Representative Griffith, on and referred to the Committee on
Energy and Commerce, and in addition to the Committee on the
Judiciary. The bill was subsequently referred to the
Subcommittee on Health on October 26, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 14 bills, including H.R. 4812. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 4812 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 4812, without amendment, to the House (H. Rept.
116-584) and the bill was placed on the Union Calendar
(Calendar No. 482).
On November 17, 2020, the House considered H.R. 4812 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On November 18, 2020, H.R. 4812 was received by the Senate
and referred to the Senate Committee on the Judiciary.
No further action was taken on H.R. 4812 in the 116th
Congress.
Suspicious Order Identification Act of 2019
H.R. 4814
To improve reporting of the distribution of controlled
substances, and for other purposes.
Summary
This bill requires reporting to the DEA on every sale,
delivery, or other disposal of any controlled substance not
later than 30 days after the sale, delivery, or other disposal
of any controlled substance, until a real-time reporting system
is established. The bill also establishes a Suspicious Order
Task Force to implement a real-time suspicious order program at
DEA not later than one year after enactment.
Legislative History
On October 23, 2019, H.R. 4814 was introduced by
Representative Matsui, and referred to the Committee on Energy
and Commerce, and also to the Committee on the Judiciary. The
bill was subsequently referred to the Subcommittee on Health on
October 26, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 14 bills, including H.R. 4814. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
No further action was taken on H.R. 4814 during the 116th
Congress.
Effective Suicide Screening and Assessment in the Emergency Department
Act of 2020
H.R. 4861
To amend the Public Health Service Act to establish a
program to improve the identification, assessment, and
treatment of patients in the emergency department who are at
risk of suicide, and for other purposes.
Summary
This legislation creates a grant program to improve the
identification, assessment, and treatment of patients in
emergency departments who are at risk for suicide by:
developing policies and procedures for identifying and
assessing individuals who are at risk of suicide; and enhancing
the coordination of care for such individuals after discharge.
Legislative History
On October 28, 2019, H.R. 4861 was introduced by
Representative Bilirakis (FL-12), and was referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Health on October 29, 2019.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 4861. The
witnesses included former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr., Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School,Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 4861 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 4861, without amendment, to the House (H. Rept.
116-543), and the bill was placed on the Union Calendar
(Calendar No. 443).
On September 29, 2020, the House considered H.R. 4861 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On September 30, 2020, H.R. 4861 was received by the Senate
and referred to the Senate Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 4861 in the 116th
Congress.
National Centers of Excellence in Continuous Manufacturing Act of 2020
H.R. 4866
To amend the 21st Century Cures Act to provide for
designation of institutions of higher education that provide
research, data, and leadership on continuous manufacturing as
National Centers of Excellence in Continuous Pharmaceutical
Manufacturing, and for other purposes.
Summary
This legislation amends the 21st Century Cures Act to
direct the FDA to designate certain institutions of higher
education as National Centers of Excellence in Continuous
Pharmaceutical Manufacturing (NCEs). NCEs would work with FDA
and industry to craft a national framework for continuous
manufacturing implementation, including supporting additional
research and development of this technology, workforce
development, standardization, and collaborating with
manufacturers to support adoption of continuous manufacturing.
The bill authorizes $80 million to be appropriated for NCEs
each year from fiscal years 2021 through 2025.
Legislative History
On September 28, 2019, H.R. 4866 was introduced by
Representative Pallone, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on September 29, 2019.
On January 29, 2020, the Subcommittee on Health held a
hearing on 10 bills, including H.R. 4866. The witnesses
included Jeff Allen, Ph.D., President and CEO, Friends of
Cancer Research; Richard Kaeser, Vice President, Global Brand
Protection, Johnson & Johnson; Fernando Muzzio, Ph.D.,
Distinguished Professor, Chemical and Biochemical Engineering,
Rutgers, the State University of New Jersey; Kao-Ping Chua,
M.D., Ph.D., Assistant Professor, Department of Pediatrics,
University of Michigan Medical School; Melanie Benesh,
Legislative Attorney, Environmental Working Group; Tom Balmer,
Executive Vice President, National Milk Producers Federation;
J. David Carlin, Senior Vice President of Legislative Affairs
and Economic Policy, International Dairy Foods Association,
Douglas Corey, D.V.M., Past President, American Association of
Equine Practitioners; Talia Day, Patient Advocate; Paul C.
DeLeo, Ph.D., Principal, Integral Consulting, Inc.; Mardi
Mountford, President, Infant Nutrition Council of America;
Nancy Perry, Senior Vice President, Government Relations,
American Society for the Prevention of Cruelty to Animals; and
Sarah Sorscher, Deputy Director of Regulatory Affairs, Center
for Science in the Public Interest.
On March 11, 2020, the Subcommittee on Health met in open
markup session to consider H.R. 4866 and ordered the bill
reported to the Committee on Energy and Commerce, amended, by a
voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 4866 and
ordered the bill reported favorably to the House, as amended,
by a voice vote.
On September 17, 2020, the Committee on Energy and Commerce
reported H.R. 4866, as amended, to the House (H. Rept. 116-
513), and the bill was placed on the Union Calendar (Calendar
No. 413).
On September 21, 2020, the House considered H.R. 4866 under
motion to suspend the Rules and passed H.R. 4866, as amended,
by a voice vote.
On September 22, 2020, H.R. 4866 was received by the Senate
and referred to the Senate Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 4866 in the 116th
Congress.
Medication Access and Training Expansion Act of 2019
H.R. 4974
To amend the Controlled Substances Act to require
physicians and other prescribers of controlled substances to
complete training on treating and managing patients with opioid
and other substance use disorders (which shall also satisfy
certain training required to receive a waiver for dispensing
narcotic drugs for maintenance or detoxification treatment),
and for other purposes.
Summary
This bill requires all DEA registrants who prescribe
controlled substances to fulfill a one-time training
requirement on treating and managing patients with opioid and
substance use disorders. Practitioners can also fulfill
training requirements through certain health professions
schools and programs if curriculum meets standards in the bill.
Legislative History
On November 1, 2019, H.R. 4974 was introduced by
Representative Trahan (MA-03) and referred to the Committee on
Energy and Commerce, and in addition to the Committee on the
Judiciary. The bill was subsequently referred to the
Subcommittee on Health on November 4, 2019.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 14 bills, including H.R. 4974. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
No further action was taken on H.R. 4974 in the 116th
Congress.
Maternal Health Quality Improvement Act of 2020
H.R. 4995 (H.R. 2902)
To amend the Public Health Service Act to improve obstetric
care and maternal health outcomes, and for other purposes.
Summary
This legislation creates and improves upon public health
programs to address maternal health. Specifically, title I of
H.R. 4995 focuses on rural maternal health care, including
improvements to data collection and coordination at the CDC,
the Office of Women's Health, the Office of Research on Women's
Health at NIH, and in other public health programs. Title I
also creates Rural Obstetric Networks to help women in eligible
rural areas access maternity care, identify successful delivery
models, develop a model for collaboration between health
facilities that have obstetric care units and those that do
not, collaborate with academic institutions, and measure and
address inequities in health outcomes, with an emphasis on
racial and ethnic minorities and underserved populations. Title
I ensures obstetric care is an eligible service for telehealth
grants and creates a demonstration program to train physicians,
nurse practitioners, certified nurse midwives, and other
clinical and non-clinical providers who provide maternity care
in rural areas.
Title II of H.R. 4995 authorizes programs to improve
maternity care across all settings. The bill authorizes grants
for innovation in maternal health, a program currently known as
the Alliance for Innovation on Maternal Health (AIM), including
developing and disseminating best practices in providing
maternal care. Title II also establishes a grant program for
health professional schools to train health care professionals
to reduce and prevent discrimination in providing maternal
health care. The bill also directs the HHS to conduct a study
and make recommendations for health professional training
program best practices related to training to reduce and
prevent discrimination. Additionally, the bill authorizes
funding for a grant program for Perinatal Quality
Collaboratives, state or multi-state networks of health care
providers, hospitals, and public health officials working to
improve perinatal care and health outcomes for pregnant and
postpartum women and newborns. The bill also creates a grant
program to integrate services for pregnant and postpartum women
to reduce adverse maternal health outcomes.
Legislative History
On November 8, 2019, H.R. 4995 was introduced by
Representative Engel, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on November 12, 2019.
Prior to the introduction of the bill, a hearing was held
by the Subcommittee on Health on September 10, 2019, entitled
``Improving Maternal Health: Legislation to Advance Prevention
Efforts and Access to Care.''
On November 13, 2019, the Subcommittee on Health met in
open markup session to consider H.R. 4995 and ordered the bill
reported to the Committee on Energy and Commerce, without
amendment, by a voice vote.
On November 19, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 4995 and ordered
the bill reported favorably to the House, amended, by a voice
vote.
On September 17, 2020, the Committee on Energy and Commerce
reported H.R. 4995, as amended, to the House (H. Rept. 116-
514), and the bill was placed on the Union Calendar (Calendar
no. 414).
On September 21, 2020, the House considered H.R. 4995, as
amended, under a motion to suspend the Rules and passed the
bill, as amended, by a voice vote.
On September 22, 2020, H.R. 4995 was received by the Senate
and referred to the Senate Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 4995 in the 116th
Congress.
On May 22, 2019, H.R. 2902, the ``Maternal CARE Act'', was
introduced by Representative Adams (NC-12), and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Health on May 23, 2019.
No further action was taken on H.R. 2902 in the 116th
Congress. Provisions of H.R. 2902 were incorporated into H.R.
4995.
Helping Medicaid Offer Maternity Services Act of 2020 or Helping MOMS
Act of 2020
H.R. 4996
To amend title XIX of the Social Security Act to provide
for a State option under the Medicaid program to provide for
and extend continuous coverage for certain individuals, and for
other purposes.
Summary
This legislation gives States the option to extend the
length of continuous postpartum eligibility for Medicaid to 12
months. The bill requires the Medicaid and CHIP Payment and
Access Commission (MACPAC) to conduct a study on barriers to
accessing doula services in Medicaid and requires the GAO to
report on ongoing coverage gaps in postpartum women's health
care.
Legislative History
On November 8, 2019, H.R. 4996 was introduced by
Representative Kelly, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on November 12, 2019.
Prior to the introduction of the bill, a hearing was held
by the Subcommittee on Health on September 10, 2019, entitled
``Improving Maternal Health: Legislation to Advance Prevention
Efforts and Access to Care.''
On November 13, 2019, the Subcommittee on Health met in
open markup session to consider H.R. 4996 and forwarded H.R.
4996, amended, by a voice vote.
On November 19, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 4996 and ordered
the bill reported favorably to the House, amended, by a voice
vote.
On September 21, 2020, the Committee on Energy and Commerce
reported H.R. 4996, as amended, to the House (H. Rept. 116-
527), and the bill was placed on the Union Calendar (Calendar
No. 428).
On September 29, 2020, the House considered H.R. 4996 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On September 30, 2020, H.R. 4996 was received by the
Senate, read twice, and referred to the Senate Committee on
Finance.
No further action was taken on H.R. 4996 in the 116th
Congress.
Telemental Health Expansion of 2019
H.R. 5201
To amend title XVIII of the Social Security Act to provide
coverage under the Medicare program of certain mental health
telehealth services, and for other purposes.
Summary
This legislation would permanently include the patient's
home as an eligible originating site for mental health services
delivered via telehealth and remove Medicare's geographic
restrictions for such services, enabling providers to be
reimbursed by Medicare for mental health services delivered via
telehealth in urban and rural areas and in the patient's home.
Legislative History
On November 20, 2019, H.R. 5201 was introduced by
Representative Matsui, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on November 21, 2019.
On June 30, 2020, the Subcommittee on Health held a hearing
on 22 bills, including H.R. 5201. The witnesses included former
Representative Patrick J. Kennedy, Founder, The Kennedy Forum;
Arthur C. Evans, Jr. Ph.D., Chief Executive Officer, American
Psychological Association; Jeffrey L. Geller, M.D., M.P.H.,
President, American Psychiatric Association, Professor of
Psychiatry and Director of Public Sector Psychiatry at the
University of Massachusetts Medical School, Worcester Recovery
Center and Hospital; and Arriana Gross, National Youth Advisory
Board Member, Sandy Hook Promise Students Against Violence
Everywhere (SAVE) Promise Club.
The Committee on Energy and Commerce met in a virtual open
markup session on July 15, 2020, to consider H.R. 5201 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
No further action was taken on H.R. 5201 in the 116th
Congress.
Cosmetic Safety Enhancement Act of 2019
H.R. 5279
To amend the Federal Food, Drug, and Cosmetics Act to
improve cosmetic safety, and for other purposes.
Summary
This legislation requires cosmetics manufacturers to
register their facilities and comprehensive cosmetic ingredient
statements with the FDA. In addition, the legislation requires
manufacturers to notify FDA of adverse events associated with
their cosmetic products within 15 days of learning of such
events. Manufacturers would be required to substantiate the
safety of their cosmetic products and provide more transparency
about their products on their labels. Further, the bill grants
authority to FDA to conduct safety reviews of cosmetic
ingredients and mandate recalls of products associated with
serious adverse health events. The agency is also required to
develop and implement GMPs for cosmetic products within three
years of enactment, and FDA would be authorized to collect
registration fees annually to carry out the new regulatory
authorities and responsibilities.
Legislative History
On December 3, 2019, H.R. 5279 was introduced by
Representative Pallone, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on December 4, 2019.
On December 4, 2019, the Subcommittee on Health held a
legislative hearing on two bills, including H.R. 5279. The
witnesses included Susan Mayne, Ph.D., Director, Center for
Food Safety and Applied Nutrition, U.S. Food and Drug
Administration; M. Isabelle Chaudry, J.D., Senior Policy
Manager, National Women's Health Network; Scott Faber, Senior
Vice President, Government Affairs, Environmental Working
Group; Leigh O'Donnell, Executive Director, The Handcrafted
Soap and Cosmetic Guild; and Gregg Renfrew, Founder and Chief
Executive Officer, Beautycounter, LLC.
On March 11, 2020, the Subcommittee on Health met in open
markup session to consider H.R. 5279 and forwarded the bill to
the Committee on Energy and Commerce, amended, by a voice vote.
No further action was taken on H.R. 5279 in the 116th
Congress.
United States Anti-Doping Agency Reauthorization Act of 2020
H.R. 5373
To reauthorize the United States Anti-Doping Agency, and
for other purposes.
Summary
This bill authorizes the U.S. Anti-Doping Agency (USADA)
through the end of fiscal year 2029. In anticipation of hosting
the 2028 Olympics in Los Angeles, this bill steadily increases
the authorization past the Olympic year through fiscal year
2029. The bill directs USADA to promote positive youth sports
experiences by using a portion of its funding to provide
educational materials on sportsmanship, character building, and
healthy performance for those participating in youth sports. It
also directs the Department of Justice, the Department of
Homeland Security, and the FDA to coordinate with USADA efforts
to prevent the use of performance-enhancing drugs or prohibit
performance-enhancing methods by sharing all information in
their possession that may be relevant to preventing the use of
such drugs or prohibiting such methods.
Legislative History
On December 9, 2019, H.R. 5373 was introduced by
Representative Thompson (CA-05), and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Health on December 10, 2019.
On July 29, 2020, the Subcommittee on Health held a
legislative hearing on H.R. 5373. The witnesses included Robert
Boyd, M.C.R.P., M.Div., President, School-Based Health
Alliance; Linda Goler Blount, M.P.H., President and CEO, Black
Women's Health Imperative; Nancy Goodman, M.P.P., J.D., Founder
and Executive Director, Kids v. Cancer; Aaron Seth Kesselheim,
M.D., J.D., M.P.H., Professor of Medicine, Harvard Medical
School; Brian Lindberg, Chief Legal Officer and General
Counsel, National Bone Marrow Donor Program; and Travis T.
Tygart, Chief Executive Officer, U.S. Anti-Doping Agency.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 5373 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 5373, as amended, to the House (H. Rept. 116-
548), and the bill was placed on the Union Calendar (Calendar
No. 448).
On September 29, 2020, the House considered H.R. 5373 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On September 30, 2020, H.R. 5373 was received by the
Senate, read twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 5373 in the 116th
Congress.
Pursuing Equity in Mental Health Act
H.R. 5469
To address mental health issues for youth, particularly
youth of color, and for other purposes.
Summary
This legislation includes provisions that would: authorize
grants targeted at high poverty communities for culturally and
linguistically appropriate mental health services; support
research into disparities in mental health; and reauthorize the
Minority Fellowship Program to support more students of color
entering the mental health workforce; and study the impact of
smartphones and social media on adolescents.
Legislative History
On December 17, 2019, H.R. 5469 was introduced by
Representative Watson Coleman (NJ-12), and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Health on December 18, 2019.
On June 30, 2020, the Subcommittee on Health held a hearing
on 22 bills, including H.R. 5469. The witnesses included former
Representative Patrick J. Kennedy, Founder, The Kennedy Forum;
Arthur C. Evans, Jr., Ph.D., Chief Executive Officer, American
Psychological Association; Jeffrey L. Geller, M.D., M.P.H.,
President, American Psychiatric Association, Professor of
Psychiatry and Director of Public Sector Psychiatry at the
University of Massachusetts Medical School, Worcester Recovery
Center and Hospital; and Arriana Gross, National Youth Advisory
Board Member, Sandy Hook Promise Students Against Violence
Everywhere (SAVE) Promise Club.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 5469 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 5469 to the House, as amended (H. Rept. 116-552),
and the bill was placed on the Union Calendar (Calendar No.
452).
On September 29, 2020, the House considered H.R. 5469 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On September 30, 2020, H.R. 5469 was received by the
Senate, read twice, and referred to the Senate Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 5469 in the 116th
Congress.
Family Support Services for Addiction Act of 2020
H.R. 5572
To establish a grant program for family community
organizations that provide support for individuals struggling
with substance use disorder and their families.
Summary
This bill authorizes grants at SAMHSA to support family
community organizations that develop, expand, and enhance
evidence-informed family support services and family members
living with substance use disorders or addiction. The grants
may be used to build connections between family support
networks, with behavioral health and primary care providers,
and foster care services, among others. The grant may also be
used to reduce stigma around addiction and addiction treatment,
family support outreach activities, and connect families to
peer support programs. Grantees are required to submit data
that tracks the program's activities, health outcomes, and any
other information required by the Secretary of HHS.
Legislative History
On January 9, 2020, H.R. 5572 was introduced by
Representative Trone, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on January 10, 2020
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 14 bills, including H.R. 5572. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020, to consider H.R. 5572 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 5572 to the House, as amended (H. Rept. 116-547),
and the bill was placed on the Union Calendar (Calendar No.
447).
On September 29, 2020, the House considered H.R. 5572 under
a motion to suspend the Rules and passed the bill, as amended,
by voice vote on October 1, 2020.
On October 19, 2020, H.R. 5572 was received by the Senate,
read twice, and referred to the Senate Committee on Health,
Education, Labor, and Pensions.
No further action was taken on this legislation in the
116th Congress.
Suicide Prevention Act
H.R. 5619
To authorize a pilot program to expand and intensify
surveillance of self-harm in partnership with State and local
public health departments, to establish a grant program to
provide self-harm and suicide prevention services in hospital
emergency departments, and for other purposes.
Summary
This legislation establishes two grant programs to prevent
self-harm and suicide. HHS must award grants to state, local,
and Tribal health departments to expand syndromic surveillance
of self-harm behaviors. HHS must also award grants to hospital
emergency departments for self-harm and suicide prevention
services among patients recently discharged from a hospital
emergency department.
Legislative History
On January 15, 2020, H.R. 5619 was introduced by
Representative Stewart (UT-02), and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Health on January 16, 2020.
On June 30, 2020, the Subcommittee on Health held a hearing
on 22 bills, including H.R. 5619. The witnesses included former
Representative Patrick J. Kennedy, Founder, The Kennedy Forum;
Arthur C. Evans, Jr. Ph.D., Chief Executive Officer, American
Psychological Association; Jeffrey L. Geller, M.D., M.P.H.,
President, American Psychiatric Association, Professor of
Psychiatry and Director of Public Sector Psychiatry at the
University of Massachusetts Medical School, Worcester Recovery
Center and Hospital; and Arriana Gross, National Youth Advisory
Board Member, Sandy Hook Promise Students Against Violence
Everywhere (SAVE) Promise Club.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 5619 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 18, 2020, the Committee on Energy and Commerce
reported H.R. 5619 to the House, as amended (H. Rept. 116-520),
and the bill was placed on the Union Calendar (Calendar No.
420).
On September 21, 2020, the House considered H.R. 5619 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On September 22, 2020, H.R. 5619 was received by the
Senate, read twice, and referred to the Senate Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 5619 in the 116th
Congress.
Solutions Not Stigmas Act of 2019
H.R. 5631
To authorize the Secretary of Health and Human Services to
provide grants to medical and other health profession schools
to expand or develop education and training programs for
substance use prevention and treatment, and for other purposes.
Summary
This bill directs HRSA to award grants to medical schools,
nursing schools, and other health profession schools aimed at
improving curricula on stigma and bias with respect to SUDs and
chronic pain treatment.
Legislative History
On January 16, 2020, H.R. 5631 was introduced by
Representative Kim, and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Health on January 17, 2020.
On March 3, 2020, the Subcommittee on Health held a
legislative hearing on 14 bills, including H.R. 5631. The
witnesses included ADM Brett P. Giroir, M.D., Assistant
Secretary for Health and Senior Adviser to the Secretary on
Opioid Policy, U.S. Department of Health and Human Services;
Kimberly Brandt, Principal Deputy Administrator for Policy &
Operations, Centers for Medicare & Medicaid Services; Thomas W.
Prevoznik, Deputy Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration; Michael P.
Botticelli, Executive Director, Grayken Center for Addiction,
Boston Medical Center; Smita Das, M.D., Ph.D., M.P.H.,
Addiction Psychiatrist, Dual Diagnosis Clinic, Clinical
Assistant Professor, Psychiatry and Behavioral Sciences,
Stanford University School of Medicine; Patty McCarthy, Chief
Executive Officer, Faces & Voices of Recovery; Robert I.L.
Morrison, Executive Director/Director of Legislative Affairs,
National Association of State Alcohol and Drug Abuse Directors;
Margaret B. Rizzo, Executive Director, JSAS HealthCare, Inc.;
and Shawn A. Ryan, M.D., M.B.A., Chair, Legislative Advocacy
Committee, American Society of Addiction Medicine.
No further action was taken on H.R. 5631 in the 116th
Congress.
Safeguarding Therapeutics Act
H.R. 5663
To amend the Federal Food, Drug, and Cosmetics Act to give
authority to the Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, to destroy
counterfeit devices.
Summary
This legislation extends FDA's administrative destruction
authority to medical devices. This new authority would allow
FDA to destroy certain imported medical devices, such as
diagnostic tests or surgical masks, in instances where FDA
believes such medical devices are adulterated, misbranded, or
unapproved, and may pose a threat to the public health, as the
agency currently does with regard to drugs.
Legislative History
On January 21, 2020, H.R. 5663 was introduced by
Representative Guthrie (KY-02), and was referred to the
Committee on Energy and Commerce. Subsequently, H.R. 5663 was
referred to the Subcommittee on Health on January 22, 2020.
On January 29, 2020, the Subcommittee on Health held a
hearing on 10 bills, including H.R. 5663. The invited witnesses
included Jeff Allen, Ph.D., President and CEO, Friends of
Cancer Research; Richard Kaeser, Vice President, Global Brand
Protection, Johnson & Johnson; Fernando Muzzio, Ph.D.,
Distinguished Professor, Chemical and Biochemical Engineering,
Rutgers, the State University of New Jersey; Kao-Ping Chua,
M.D., Ph.D., Assistant Professor, Department of Pediatrics,
University of Michigan Medical School; Melanie Benesh,
Legislative Attorney, Environmental Working Group; Tom Balmer,
Executive Vice President, National Milk Producers Federation;
J. David Carlin, Senior Vice President of Legislative Affairs
and Economic Policy, International Dairy Foods Association,
Douglas Corey, D.V.M., Past President, American Association of
Equine Practitioners; Talia Day, Patient Advocate; Paul C.
DeLeo, Ph.D., Principal, Integral Consulting, Inc.; Mardi
Mountford, President, Infant Nutrition Council of America;
Nancy Perry, Senior Vice President, Government Relations,
American Society for the Prevention of Cruelty to Animals; and
Sarah Sorscher, Deputy Director of Regulatory Affairs, Center
for Science in the Public Interest.
On March 11, 2020, the Subcommittee on Health met in open
markup session to consider H.R. 5663 and forwarded the bill,
without amendment, to the Committee on Energy and Commerce by a
voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 5663 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 17, 2020, the Committee on Energy and Commerce
reported H.R. 5663 to the House, as amended (H. Rept. 116-512),
and the bill was placed on the Union Calendar (Calendar No.
412).
On September 21, 2020, the House considered H.R. 5663 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On September 22, 2020, H.R. 5663 was received by the
Senate, read twice, and referred to the Senate Committee on
Health, Education, Labor, and Pensions.
On December 8, 2020, the Senate agreed by unanimous consent
to an amendment in the nature of a substitute to H.R. 5663.
On December 10, 2020, the House passed the Senate amendment
to H.R. 5663 by unanimous consent.
On December 24, 2020, H.R. 5663 was presented to the
President.
H.R. 5663, as approved by the House and the Senate, was
pending action by the President at the time this report was
filed.
Modern Labeling Act of 2020
H.R. 5668
To amend the Federal Food, Drug, and Cosmetics Act to
modernize the labeling of certain generic drugs, and for other
purposes.
Summary
This legislation gives additional authority to the FDA to
require modifications of outdated labeling for generic drugs.
Specifically, the bill would create a pathway to update labels
on generic drugs when a brand drug is no longer marketed, and
would provide FDA with the authority to require updated
labeling to reflect current legal and regulatory requirements,
such as the content and format requirements outlined in the
2006 Physician Labeling Rule. The bill requires FDA to report
any actions taken under this new authority to update labeling
for covered drugs, including the number of drugs, description
of the changes and the rationale, as well as any FDA
recommendation(s) to modify the program, among other things.
Legislative History
On January 24, 2020, H.R. 5668 was introduced by
Representative Matsui, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on January 25, 2020.
On January 29, 2020, the Subcommittee on Health held a
hearing on 10 bills, including H.R. 5668. The invited witnesses
included Jeff Allen, Ph.D., President and CEO, Friends of
Cancer Research; Richard Kaeser, Vice President, Global Brand
Protection, Johnson & Johnson; Fernando Muzzio, Ph.D.,
Distinguished Professor, Chemical and Biochemical Engineering,
Rutgers, the State University of New Jersey; Kao-Ping Chua,
M.D., Ph.D., Assistant Professor, Department of Pediatrics,
University of Michigan Medical School; Melanie Benesh,
Legislative Attorney, Environmental Working Group; Tom Balmer,
Executive Vice President, National Milk Producers Federation;
J. David Carlin, Senior Vice President of Legislative Affairs
and Economic Policy, International Dairy Foods Association,
Douglas Corey, D.V.M., Past President, American Association of
Equine Practitioners; Talia Day, Patient Advocate; Paul C.
DeLeo, Ph.D., Principal, Integral Consulting, Inc.; Mardi
Mountford, President, Infant Nutrition Council of America;
Nancy Perry, Senior Vice President, Government Relations,
American Society for the Prevention of Cruelty to Animals; and
Sarah Sorscher, Deputy Director of Regulatory Affairs, Center
for Science in the Public Interest.
On March 11, 2020, the Subcommittee on Health met in open
markup session to consider H.R. 5668 and forwarded the bill,
amended, to the Committee on Energy, by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 5668 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 5668 to the House, as amended (H. Rept. 116-573),
and the bill was placed on the Union Calendar (Calendar No.
471).
On November 17, 2020, the House considered H.R. 5668 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On November 18, 2020, H.R. 5668 was received by the Senate,
read twice, and referred to the Senate Committee on Health,
Education, Labor, and Pensions.
No further action was taken on H.R. 5668 in the 116th
Congress.
Bipartisan Solution to Cyclical Violence Act of 2020
H.R. 5855
To amend the Public Health Service Act to establish a grant
program supporting trauma center violence intervention and
violence prevention programs, and for other purposes.
Summary
This legislation would create a grant program at HHS to
support trauma centers with violence intervention and violence
prevention programs. The funds would also research to reduce
the incidence of re-injury and re-incarceration caused by
intentional violent trauma.
Legislative History
On February 11, 2020, H.R. 5855 was introduced by
Representative Dutch Ruppersberger (MD-02), and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Health on February 12, 2020.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 5855. The
witnesses included Former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr., Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 5855 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 5855 to the House, without amendment (H. Rept.
116-586), and the bill was placed on the Union Calendar
(Calendar No. 484).
On November 17, 2020, the House considered H.R. 5855 under
a motion to suspend the Rules and passed the bill, as amended,
by a voice vote.
On November 18, 2020, H.R. 5855 was received by the Senate,
read twice, and was referred to the Senate Committee on Health,
Education, Labor, and Pensions.
No further action was taken on H.R. 5855 during the 116th
Congress.
To Direct the Secretary of Health and Human Services, Acting Through
the Director of the National Institute of Mental Health, to Conduct or
Support Research on the Mental Health Consequences of SARS-COV-2 or
COVID-19, and for Other Purposes
H.R. 6645
To direct the Secretary of Health and Human Services,
acting through the Director of the National Institute of Mental
Health, to conduct or support research on the mental health
consequences of SARS CoV-2 or COVID-19, and for other purposes.
Summary
This legislation creates a grant program at HHS to support
trauma centers with violence intervention and violence
prevention programs. The funds would also research to reduce
the incidence of reinjury and re incarceration caused by
intentional violent trauma, including intimate partner
violence.
Legislative History
On April 28, 2020, H.R. 6645 was introduced by
Representative Tonko, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on April 29, 2020.
On June 30, 2020, the Subcommittee on Health held a hearing
on 22 bills, including H.R. 945. The witnesses included former
Representative Patrick J. Kennedy, Founder, The Kennedy Forum;
Arthur C. Evans, Jr., Ph.D., Chief Executive Officer, American
Psychological Association; Jeffrey L. Geller, M.D., M.P.H.,
President, American Psychiatric Association, Professor of
Psychiatry and Director of Public Sector Psychiatry at the
University of Massachusetts Medical School, Worcester Recovery
Center and Hospital; and Arriana Gross, National Youth Advisory
Board Member, Sandy Hook Promise Students Against Violence
Everywhere (SAVE) Promise Club.
No further action was taken on H.R. 6645 in the 116th
Congress.
THE HEROES ACT
H.R. 6800
(H.R. 7574, H.R. 6352, H.R. 5321, H.R. 6237, H.R. 4153, H.R. 6572, H.R.
895, H.R. 6568, H.R. 6670, AND H.R. 2862)
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
The legislation would provide for a two-month open
enrollment period to allow individuals who are uninsured, for
whatever reason, to enroll in coverage in the ACA Marketplace.
The legislation would require coverage of items and services
related to the treatment of COVID-19 in group and individual
market health plans and waives cost sharing requirements for
consumers during the COVID-19 public health emergency. The
legislation makes the requirement for free coverage of COVID-19
testing retroactive to the beginning of the COVID-19 public
health emergency. The legislation would also require group and
individual market health plans to notify consumers if their
plan permits advance prescription drug refills during an
emergency period.
The legislation would improve the information provided to
workers who lose their employer-sponsored coverage so that they
are aware of all affordable coverage options, including
coverage available under the ACA, and provides full premium
subsidies, through January 2021, to allow workers to maintain
their employer-sponsored coverage if they are eligible for
COBRA due to a layoff or reduction in hours, and for workers
who have been furloughed but are still active in their
employer-sponsored plan.
The legislation would require the President to appoint a
Medical Supplies Response Coordinator.
The legislation includes several proposals to improve the
supply and safety of medical devices. Specifically, the
legislation includes a requirement to list the unique product
code when manufacturers are required to inform FDA of changes
in medical device supply. The legislation gives FDA the
authority to require manufacturers to submit data adequate to
assess the shelf life of a device to determine the longest
expiration date. The legislation also provides FDA with
administrative destruction authority over certain counterfeit
devices.
To further assess and improve the security of the drug
supply chain, the legislation requires manufacturers to include
information related to supply facilities engaged in the
manufacture, preparation, propagation, compounding, or
processing of any drug in foreign countries, in certain
reports. The legislation also requires manufacturers to report
quarterly on the amount of drugs manufactured in foreign
facilities. The legislation also requires NASEM to convene a
panel of experts knowledgeable about drug and device supply
issues and convene a public symposium to analyze the impact of
U.S. dependence on foreign sources of medical supplies, and to
recommend strategies to end the United States dependence on
foreign manufacturing. The legislation also provides FDA
enforcement tools for manufacturers who fail to report required
information to FDA. The legislation also authorizes the
creation of National Continuous Manufacturing Centers of
Excellence to improve continuous manufacturing technology.
The legislation includes a number of proposals to improve
transparency and communication with the Strategic National
Stockpile (SNS). The legislation would also require products in
the SNS to be kept in good working order, provides authority to
the SNS to enter into supply chain flexibility pilot
agreements, allows the SNS to sell products six months prior to
expiration to other Federal departments, and requires the GAO
to conduct a study to investigation certain single source SNS
products.
The legislation includes a number of proposals to improve
COVID-19 testing and testing reporting nationwide. The
proposals include requiring the development of a COVID-19
testing strategy and a website for centralized testing
information, requiring manufacturers make reports related to
the distribution of tests, states to report relevant testing
information weekly, and the establishment of a webpage
identifying COVID-19 testing sites within the state, and the
requirement for every lab that performs or analyzes COVID-19
tests to submit daily reports to the Secretary of HHS. Finally,
the legislation would require a GAO report on diagnostic tests.
The legislation would require HHS to expand, enhance, and
improve public health data systems used by the CDC. This
includes: grants to state, local, Tribal, or territorial public
health departments for the modernization of public health data
systems in order to assist public health departments in
assessing current data infrastructure capabilities and gaps,
improving secure public health data collection, transmission,
exchange, maintenance, and analysis, enhancing the
interoperability of public health data systems, supporting and
train related personnel, supporting earlier disease and health
condition detection, and developing and disseminating related
information and improved electronic case reporting. The
legislation would include a pilot program to improve laboratory
infrastructure, $6 billion in authorizations for core public
health infrastructure for state, local, and Tribal, and
territorial health departments, and $1 billion for CDC to
expand and improve their core public health infrastructure.
The legislation would provide $75 billion for a national
system for COVID-19 testing, contact tracing, surveillance,
containment, and mitigation activities. The legislation would
require CDC to award grants to state, local, Tribal and
territorial health departments, and provide technical
assistance, information and communication to awardees in order
to conduct such activities. The legislation would also require
CDC to conduct research and carry out awareness campaigns.
The legislation would require the Secretary of HHS to
establish and maintain an online COVID-19 reporting portal,
conduct regular reporting on demographic data, authorizes
funding to certain Federal entities for modernization of data
infrastructure to better collect health inequities data,
authorizes grants to states, local, and territorial health
departments to support improved health inequities data, as well
as requires CDC to establish field studies to better understand
health inequities that are not currently tracked by HHS, and
finally, requires additional reporting to Congress regarding
COVID-19 health inequities.
The legislation would improve implementation of the Health
Care Provider Relief Fund, including providing an additional
$100 billion in funding. The legislation would establish a
public health workforce loan repayment program, provide
additional funding for the Medical Reserve Corps, and provide
grants to schools of medicine in diverse and underserved areas.
The legislation also requires studies on the U.S. public health
workforce, the impacts of COVID-19 on recovered patients, and
the mental health impacts of COVID-19 on health care providers.
The legislation would direct NIH to carry out a study on
the short- and long-term impact of COVID-19 on infected and
recovered individuals. Additionally, NIH's National Institute
of Mental Health would be directed to support research on the
mental health consequences of COVID-19, including the impact on
health care providers.
The legislation would establish a technical assistance
center at the SAMHSA that will support public or nonprofit
entities and public health professionals seeking to establish
or expand access to mental health and substance use services
associated with the COVID-19 public health emergency. The
legislation would also update the blood donation public
awareness campaign authorized by the CARES Act to include blood
plasma.
The legislation would expand the services eligible for
reimbursement from the Uninsured Fund established in the
Families First Coronavirus Response Act to include treatment of
COVID-19.
The legislation includes a number of proposals to improve
health among American Indians and Alaska Native populations
includes guarantee the Indian Health Service (IHS) and other
tribal health organizations direct access to the SNS, expanding
health care access for Urban Native Veterans, providing Tribal
school Federal insurance parity, and improving purchased/
referred care for Native veterans.
This legislation would establish a program to provide grant
funding to purchase or procure personal protective equipment
and other workplace safety measures for use in containing and
mitigating COVID-19 transmission among essential workers.
It also provides for zero cost-sharing for COVID-19
treatment under Medicare and ensures skilled nursing facilities
provide a means for residents to conduct ``televisitation''
with loved ones while in-person visits are not possible during
the COVID-19 public health emergency.
The legislation lowers the interest rate for loans to
Medicare providers made under the Accelerated and Advance
Payment Program, reduces the per-claim recoupment percentage,
and extends the period before repayment begins.
The legislation creates a new special enrollment period for
Medicare parts A & B eligible individuals during the COVID-19
public health emergency.
The legislation would provide a temporary increase to the
Medicaid FMAP of 14 percentage points. It would provide for an
additional 10 percentage point increase to the FMAP for
Medicaid expenditures on certain activities to promote the use
of home- and community-based services (HCBS).
The legislation would prohibit cost sharing for treatment
or vaccinations for COVID-19 in Medicaid. It would also provide
states with the option to provide free treatment and
vaccinations for COVID-19 for uninsured individuals.
It would also restore Medicaid eligibility for citizens of
the freely associated states, increase the allotments to
Medicaid disproportionate share hospitals, and extend Medicaid
eligibility to incarcerated individuals 30 days prior to their
release.
Legislative History
On May 20, 2020, H.R. 6800 was introduced by Representative
Lowey (NY-17), and referred to Committee on Appropriations, in
addition to the Committees on the Budget, and Ways and Means.
On May 15, 2020, the House considered H.R. 6800 pursuant to
the provisions of H. Res. 967 and passed the bill by a recorded
vote of 208 yeas and 199 nays (Roll Call No. 109).
On May 20, 2020, H.R. 6800 was received by the Senate. On
May 21, 2020, H.R. 6800 was read the first time and placed on
the Senate Legislative Calendar under Read the First Time. On
June 1, 2020, H.R. 6800 was read a second time and placed on
the Senate Calendar under General Orders (Calendar No. 455). On
June 23, 2020, H.R. 6800 was referred to the Senate Committee
on Small Business and Entrepreneurship.
No further action was taken on H.R. 6800 in the 116th
Congress.
H.R. 6800 includes provisions from the following bills:
H.R. 7574, the Strengthening America's Strategic National
Stockpile Act of 2020 introduced by Representative Slotkin;
H.R. 6352, the Tribal Medical Supplies Stockpile Access Act of
2020 introduced by Representative Horn; H.R. 5321, the Public
Health Infrastructure Modernization Act of 2019 introduced by
Representative McBath; H.R. 6237, the PRC for Native Veterans
Act introduced by Representative Gallego; H.R. 4153, the Health
Care Access for Urban Native Veterans Act introduced by
Representative Khanna; H.R. 6572, To direct the Secretary of
Health and Human Services, acting through the Director of the
Centers for Disease Control and Prevention, to carry out a
national campaign to increase awareness and knowledge of COVID-
19 introduced by Representative Bilirakis; H.R. 895, the Tribal
School Federal Insurance Parity Act introduced by
Representative Johnson; H.R. 6568, the Coverage for COVID-19
Treatment Act of 2020 introduced by Representative Blunt
Rochester; H.R. 6670, the Prescription for American Drug
Independence Act of 2020 introduced by Representative Eshoo;
and H.R. 2862, the VACCINES Act of 2019 introduced by
Representative Schrier.
Stopping the Mental Health Pandemic Act
H.R. 7080
To direct the Secretary of Health and Human Services to
award grants to States, political subdivisions of States,
Indian Tribes and Tribal organizations, community-based
entities, and primary care and behavioral health organizations
to address behavioral health needs caused by the public health
emergency declared with respect to COVID-19.
Summary
This legislation directs SAMHSA to provide grant support to
states, localities, Tribes, community-based entities, and
primary care and behavioral health organization to enable such
entities to increase capacity on the ground, such as through
telehealth or workforce training. The grant would also enhance
efforts such as outreach to underserved communities, mental
health awareness trainings, emergency crisis intervention or
mobile crisis units, and 24-hour call centers, among other
things.
Legislative History
On June 1, 2020, H.R. 7080 was introduced by Representative
Porter (CA-45), and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Health on June 2, 2020.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 7080. The
witnesses included former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
No further action was taken on H.R. 7080 in the 116th
Congress.
Creating Resources to Improve Situations of Inherent Severity Act
H.R. 7147
To amend the Community Mental Health Service Block Grant to
authorize a set-aside for crisis care services, and for other
purposes.
Summary
This legislation amends SAMHSA's Community and Mental
Health Service Block Grant to increase the program's
authorization for two years. This bill includes a five percent
set aside for evidence-based crisis care service. The bill also
directs States to include a description of how it supports
evidenced-based crisis care needs.
Legislative History
On June 11, 2020, H.R. 7147 was introduced by
Representative Latta, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on June 12, 2020.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 7147. The
witnesses included former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
No further action was taken on H.R. 7147 during the 116th
Congress.
Crisis Care Improvement and Suicide Prevention Act of 2020
H.R. 7159
To amend the Community Mental Health Service Block Grant to
authorize a set-aside for crisis care services, and for other
purposes.
Summary
This legislation amends SAMHSA's Community and Mental
Health Service Block Grant to include a five percent set aside
for evidence-based crisis care service. The bill also directs
States to include a description of how it supports evidenced
based crisis care needs. This bill includes a funding
contingency that makes null the five percent crisis care set
aside if the block grant does not receive an increased
appropriation of $35 million.
Legislative History
On June 11, 2020, H.R. 7159 was introduced by
Representative Bustos (IL 17), and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on June 12, 2020.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 7159. The
witnesses included former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
No further action was taken on H.R. 7159 in the 116th
Congress.
Suicide Training and Awareness Nationally Delivered for Universal
Prevention Act of 2020
H.R. 7293
To amend the Public Health Service Act to provide best
practices on student suicide awareness and prevention training
and condition State educational agencies, local educational
agencies, and Tribal educational agencies receiving funds under
section 520A of such Act to establish and implement a school-
based student suicide awareness and prevention training policy.
Summary
This legislation requires state and Tribal educational
agencies that receive SAMHSA Project AWARE grants to establish
and implement a school-based student suicide awareness and
prevention training policy and collect information on training
activities. The training policy would be focused on grades six
through twelve and would train students on self-harm and
suicidal ideation. The bill also requires best practices to be
published for school-based student suicide awareness and
prevention training.
Legislative History
On June 22, 2020, H.R. 7293 was introduced by
Representative Peters, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on June 23, 2020.
On June 30, 2020, the Subcommittee on Health held a
legislative hearing on 22 bills, including H.R. 7293. The
witnesses included former Representative Patrick J. Kennedy,
Founder, The Kennedy Forum; Arthur C. Evans, Jr. Ph.D., Chief
Executive Officer, American Psychological Association; Jeffrey
L. Geller, M.D., M.P.H., President, American Psychiatric
Association, Professor of Psychiatry and Director of Public
Sector Psychiatry at the University of Massachusetts Medical
School, Worcester Recovery Center and Hospital; and Arriana
Gross, National Youth Advisory Board Member, Sandy Hook Promise
Students Against Violence Everywhere (SAVE) Promise Club.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 7293 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 7293 to the House, as amended (H. Rept. 116-542),
and the bill was placed on the Union Calendar (Calendar No.
442).
On September 29, 2020, House considered H.R. 7293 under a
motion to suspend the Rules and passed the bill, as amended, by
a voice vote.
On September 30, 2020, H.R. 7293 was received by the
Senate, read twice, and referred to the Senate Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 7293 in the 116th
Congress.
Strengthening Behavioral Health Parity Act
H.R. 7539
To strengthen parity in mental health and substance use
disorder benefits.
Summary
This legislation would help improve and strengthen
enforcement of existing mental health parity laws. H.R. 7539
would prohibit health insurance plans from imposing less
favorable benefit limitations on mental and substance use
disorder treatments than on medical and surgical benefits. The
bill would increase transparency with respect to how health
insurance plans are applying mental health parity laws, by
requiring plans to make available certain analyses of how plans
are applying non-quantitative treatment limits (NQTLs) to
mental health and substance use disorder benefits, in
comparison to medical and surgical benefits.
H.R. 7539 would also require Federal regulators to request
comparative analyses for plans that involve potential
violations or complaints regarding noncompliance with mental
health parity standards and to request no fewer than twenty
comparative analyses per year. In addition, HHS, the Department
of Labor and the Treasury would be required to submit an annual
report to Congress, including a summary of the comparative
analyses and findings of the Federal regulators.
Legislative History
On July 9, 2020, H.R. 7539 was introduced by Representative
Kennedy, and was referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Health on July 10, 2020.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 7539 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
No further action was taken on H.R. 7539 in the 116th
Congress.
Strengthening America's Strategic National Stockpile Act of 2020
H.R. 7574
(H.R. 6517, H.R. 6875, H.R. 6876, H.R. 6531, H.R. 6877, H.R. 6878, H.R.
7507)
To amend the Public Health Service Act with respect to the
Strategic National Stockpile, and for other purposes.
Summary
This legislation improves the financial security of the
Strategic National Stockpile (SNS) by authorizing the sale of
products to other Federal departments or agencies from the SNS
within six months of product expiration. The bill also directs
the Comptroller General to conduct a study of the public sector
procurement process for single source materials from the SNS
and examine the feasibility and benefits of a user fee
agreement. H.R. 7574 also requires the Secretary of HHS to
ensure that contents of the SNS are in good working order and,
as necessary, conduct maintenance on contents of the stockpile.
It also improves domestic product availability for the SNS by
enhancing medical supply chain elasticity through the domestic
production of personal protective equipment and partnering with
industry to refresh and replenish existing stocks of medical
supplies.
H.R. 7574 also improves transparency around the SNS by
directing the Assistant Secretary for Preparedness and Response
(ASPR), in coordination with the Administrator of the Federal
Emergency Management Agency (FEMA) to issue a report to
Congress regarding all state, local, Tribal, and territorial
requests for supplies from the SNS during the COVID-19 crisis.
Reporting must continue every 30 days until the end of the
pandemic. In addition, the bill requires the ASPR and CDC to
develop and implement improved, transparent processes for the
use and distribution of SNS supplies.
Further, the bill creates a new pilot program to support
the expansion and maintenance of state stockpiles in order for
states to use in the event of a public health emergency. These
funds shall only be awarded if the Federal SNS is funded at
amounts equal to or greater than the total funds for fiscal
year 2020.
Finally, the legislation increases the annual authorization
of appropriations for the SNS from $610 million to $705 million
for fiscal years 2021 through 2023.
Legislative History
On July 13, 2020, H.R. 7574 was introduced by
Representative Slotkin and referred to the Committee on Energy
and Commerce.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 7574 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 18, 2020, the Committee on Energy and Commerce
reported H.R. 7574 to the House, as amended (H. Rept. 116-518),
and the bill was placed on the Union Calendar (Calendar No.
418). On the same day, the House considered H.R. 7574 under a
motion to suspend the Rules and passed the bill, as amended, by
a voice vote.
On September 22, 2020, H.R. 7574 was received by the
Senate, read twice, and referred to the Senate Committee on
Health, Education, Labor, and Pensions.
No further action was taken on H.R. 7574 in the 116th
Congress.
H.R. 7574 included provisions from the following bills:
H.R. 6517, the Stockpile Inventory Modernization Act of 2020
introduced by Representative Brooks (IN-05); H.R. 6875, To
direct the Comptroller General of the United States to conduct
a study to investigate the feasibility of establishing user
fees to offset certain Federal costs attributable to the
procurement of single-source materials for the Strategic
National Stockpile, and for other purposes, introduced by
Representative Slotkin; H.R. 6876, To amend the Public Health
Service Act to ensure that the contents of the Strategic
National Stockpile remain in good working order and, as
appropriate, conduct maintenance services on contents of the
stockpile, and for other purposes, introduced by Representative
Slotkin; H.R. 6531, the Medical Supplies for Pandemics Act of
2020 introduced by Representative Dingell; H.R. 6877, To direct
the Assistant Secretary for Preparedness and Response to issue
a report to Congress regarding all State, local, Tribal, and
territorial requests for supplies from the Strategic National
Stockpile related to COVID-19, and for other purposes,
introduced by Representative Slotkin; H.R. 6878, To direct the
Secretary of Health and Human Services to develop and implement
improved, transparent processes for the use and distribution of
supplies in the Strategic National Stockpile, and for other
purposes, introduced by Representative Slotkin; and H.R. 7507,
the State Stockpile Readiness Act of 2020, introduced by
Representative Carter (GA-01).
Tribal Health Data Improvement Act of 2020
H.R. 7948
To amend the Public Health Service Act with respect to the
collection and availability of health data with respect to
Indian Tribes, and for other purposes.
Summary
This legislation encourages improved public health data
sharing among the CDC, Indian Tribes, Tribal organizations, and
Tribal Epidemiology Centers. H.R. 7948 ensures the safety of
data being shared among entities, increases the authorization
level for the National Center for Health Statistics to provide
funding for the new authorities in this legislation, and
assists states and Tribes working relationships by requiring
the CDC to issue a report on best practices and guidelines for
data sharing agreements. The bill also reauthorizes CDC's
National Center for Health Statistics.
Legislative History
Prior to the introduction of H.R. 7948, the Committee on
Energy and Commerce held a related hearing on July 8, 2020,
entitled ``Addressing the Urgent Needs of Our Tribal
Communities.'' The witnesses included Charles Grim, D.D.S.,
M.H.S.A., Secretary, Chickasaw Nation Department of Health;
Jonathan Nez, President, Navajo Nation; The Honorable Christine
Sage, Chairman, Southern Ute Indian Tribe; Fawn Sharp,
President, National Congress of American Indian; and Pilar M.
Thomas; Partner; Quarles & Brady LLP.
On August 7, 2020, H.R. 7948 was introduced by
Representative Gianforte (MT-00), and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Health on August 10, 2020.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 7948 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On September 29, 2020, the Committee on Energy and Commerce
reported H.R. 7948 to the House, as amended (H. Rept. 116-546),
and the bill was placed on the Union Calendar (Calendar No.
446). On the same day, the House considered H.R. 7948 under a
motion to suspend the Rules and passed the bill, as amended, by
a voice vote.
On September 30, 2020, the bill was received by the Senate,
read twice, and referred to the Senate Committee on Indian
Affairs.
No further action was taken on H.R. 7948 in the 116th
Congress.
To Amend the Health Information Technology for Economic and Clinical
Health Act to Require the Secretary of Health and Human Services to
Consider Certain Recognized Security Practices of Covered Entities and
Business Associates When Making Certain Determinations, and for Other
Purposes
H.R. 7898
To amend the Health Information Technology for Economic and
Clinical Health Act to require the Secretary of Health and
Human Services to consider certain recognized security
practices of covered entities and business associates when
making certain determinations, and for other purposes.
Summary
This bill makes a technical correction to provide the
Inspector General of HHS certain authorities with respect to
investigations of information blocking and incentivizes health
care providers to adopt cybersecurity best practices.
Legislative History
On July 31, 2020, H.R. 7898 was introduced by
Representative Burgess (TX-26), and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Health on August 3, 2020.
On December 9, 2020, the House considered H.R. 7898 under a
motion to suspend the Rules and passed the bill, as amended, by
a voice vote. On December 10, 2020, H.R. 7898 was received by
the Senate and read twice. On December 19, 2020, the Senate
passed H.R. 7898 by unanimous consent.
On December 24, 2020, H.R. 7898 was presented to the
President.
H.R. 7898, as approved by the House and the Senate, was
pending action by the President at the time this report was
filed.
To Amend Title XVIII of the Social Security Act to Waive Budget
Neutrality for Oxygen Under the Medicare Program, and for Other
Purposes
H.R. 8158
To amend title XVIII of the Social Security Act to waive
budget neutrality for oxygen under the Medicare program, and
for other purposes.
Summary
This legislation would amend title XVIII of the Social
Security Act to waive budget neutrality for oxygen under the
Medicare program, and would specify that the budget neutrality
requirement for establishing new payment classes of oxygen and
oxygen equipment no longer applies and would make a technical
correction to the placement of this provision in the statute.
The nonapplication of budget neutrality would increase
reimbursement for certain oxygen equipment in rural areas.
Legislative History
On September 4, 2020, H.R. 8158 was introduced by
Representative McMorris Rodgers, and referred to the Committee
on Energy and Commerce. The bill was then referred to the
Subcommittee on Health on September 8, 2020.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 8158 and
ordered the bill reported favorably to the House, without
amendment, by a voice vote.
No further action was taken on H.R. 8158 in the 116th
Congress.
Honoring Rosalynn Smith Carter's 50 Years of Mental Health Advocacy
H. RES. 1181
Honoring Rosalynn Smith Carter's 50 years of mental health
advocacy.
Summary
This resolution recognizes the work of former First Lady
Rosalynn Smith Carter on behalf of those affected by mental
health disorders and substance use disorders.
Legislative History
On October 6, 2020, H. Res. 1181 was introduced by
Representative Dingell, and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on October 7, 2020.
On December 10, 2020, H. Res. 1181 was discharged from the
Committee on Energy and Commerce. That same day, the House
considered H. Res. 1181 and passed the resolution, as amended,
by unanimous consent.
OVERSIGHT ACTIVITIES
Texas v. U.S.: The Republican Lawsuit and Its Impact on Americans With
Pre-Existing Conditions
On February 6, 2019, the Subcommittee on Health held a
hearing entitled ``Texas v. U.S.: The Republican Lawsuit and
Its Impact on Americans with Pre-Existing Conditions.'' The
purpose of this hearing was to examine the impact of a Federal
district court's decision to strike down the entirety of the
Affordable Care Act on health care affordability and coverage,
and on the ACA Marketplaces, Medicaid, and Medicare, if the
district court ruling stands on appeal. The Subcommittee
received testimony from Christen Linke Young, Fellow, USC
Brookings Schaeffer Initiative for Health Policy; Simon
Lazarus, Constitutional lawyer and writer; Thomas P. Miller,
Resident Fellow, American Enterprise Institute; Elena Hung, Co-
Founder, Little Lobbyists; and Avik S. A. Roy, President, The
Foundation for Research on Equal Opportunity.
The Fiscal Year 2020 HHS Budget
On March 12, 2019, the Subcommittee on Health held a
hearing entitled ``The Fiscal Year 2020 HHS Budget.'' The
purpose of this hearing was to examine the President's fiscal
year 2020 budget for the U.S. Department of Health and Human
Services. The Subcommittee received testimony from the
Honorable Alex M. Azar II, HHS Secretary.
Prescription Drug Coverage in the Medicare Program
On April 30, 2019, the Subcommittee on Health held a
hearing entitled ``Prescription Drug Coverage in the Medicare
Program.'' The purpose of this hearing was to examine how
Medicare pays for prescription drugs under Medicare part B and
part D, data on the rising drug spending by Medicare, and
opportunities to lower the cost of prescription drugs for
Medicare beneficiaries. The Subcommittee received testimony
from James E. Mathews, Executive Director, Medicare Payment
Advisory Commission.
Lowering Prescription Drug Prices: Deconstructing the Drug Supply Chain
On May 9, 2019, the Subcommittee on Health held a hearing
entitled ``Lowering Prescription Drug Prices: Deconstructing
the Drug Supply Chain.'' The purpose of this hearing was to
examine stakeholder views in each step of the drug supply chain
to get to the root causes of high prescription drug costs. The
Subcommittee received testimony from Justin McCarthy, Senior
Vice President, Patient & Health Impact Group, Pfizer; Kave
Niksefat, Vice President, Value and Access, Amgen; Jeffrey
Hessekiel, Executive Vice President & General Counsel,
Exelixis; Amy Bricker, Senior Vice President, Supply Chain,
Express Scripts; Brent Eberle, Chief Pharmacy Officer, Navitus
Health Solutions; Estay Greene, Vice President of Pharmacy
Services, Blue Cross Blue Shield of North Carolina; Lynn
Eschenbacher, Chief Pharmacy Officer, Ascension; Jack Resneck,
Chair, Board of Trustees, American Medical Association; Ricahrd
Ashworth, President of Pharmacy, Walgreens; and Leigh Purvis,
Director of Health Services Research, AARP.
Strengthening Health Care in the U.S. Territories for Today and Into
the Future
On June 20, 2019, the Subcommittee on Health held a hearing
entitled ``Strengthening Health Care in the U.S. Territories
for Today and Into the Future.'' The purpose of the hearing was
to hear from representatives of the Medicaid programs in
American Samoa, the Commonwealth of the Northern Mariana
Islands, Guam, Puerto Rico, and the U.S. Virgin Islands about
the challenges confronting their programs. The Subcommittee
received testimony from Anne Schwartz, Executive Director,
Medicaid and CHIP Payment and Access Commission; Angela Avila,
Executive Director, Administracion de Seguros de Salud de
Puerto Rico, Puerto Rico Health Insurance Administration;
Sandra King Young, Medicaid Director, American Samoa State
Agency; Maria Theresa Arcangel, Chief Administrator, Guam
Division of Public Welfare; Michal Rhymer-Browne, Assistant
Commissioner, Department of Human Services, U.S. Virgin
Islands; and Helen C. Sablan, Medicaid Director, Commonwealth
of Northern Mariana Islands State Medicaid Agency.
A Public Health Crisis: The Gun Violence Epidemic in America
On October 3, 2019, the Subcommittee on Health held a field
hearing entitled ``A Public Health Crisis: The Gun Violence
Epidemic in America.'' The purpose of this hearing was to
discuss the public health impact of gun violence, the role of
gun violence public health research, and prevention approaches.
The Subcommittee received testimony from Spencer Leak, Sr.,
President and CEO, Leak and Sons Funeral Home; Niva Lubin-
Johnson, M.D., Immediate Past President, National Medical
Association; Norman Kerr, Director of Violence Prevention, City
of Chicago; Pastor Brenda K. Mitchell, mother of Kenneth D.
Mitchell, Jr.; Selwyn O. Rogers, Jr. M.D., M.P.H., Chief of the
Section for Trauma and Acute Care Surgery, Founding Director of
the Trauma Center, University of Chicago Medicine; and Ronald
Stewart, M.D., Chair of the Department of Surgery, University
of Texas San Antonio Health Science Center.
Safeguarding Pharmaceutical Supply Chains in a Global Economy
On October 30, 2019, the Subcommittee on Health held a
hearing entitled ``Safeguarding Pharmaceutical Supply Chains in
a Global Economy.'' The purpose of this hearing was to discuss
how the Federal Government and industry should work together to
ensure the safety and security of active pharmaceutical
ingredients and to better diversify the supply chain. The
Subcommittee received testimony from Janet Woodcock, Director,
Center for Drug Evaluation and Research, U.S. Food and Drug
Administration; Michael Wessel, Commissioner, U.S.-China
Economic Security Review Commission; David Gaugh, Senior Vice
President, Sciences and Regulatory Affairs, Association for
Accessible Medicines; Rosemary Gibson, Senior Advisor, The
Hastings Center; and Ed Price, President and CEO, Seqens CDMO.
The Fiscal Year 2021 HHS Budget and Oversight of the Coronavirus
Outbreak
On February 26, 2020, the Subcommittee on Health held a
hearing entitled ``The Fiscal Year 2021 HHS Budget and
Oversight of the Coronavirus Outbreak.'' The purpose of this
hearing was to examine the President's fiscal year 2021 budget
for HHS, and to discuss the developing outbreak of the
coronavirus and HHS's response. The Subcommittee received
testimony from Alex Azar II, Secretary, U.S. Department of
Health and Human Services; Anthony S. Fauci, M.D., Director,
National Institute for Allergy and Infectious Diseases,
National Institutes of Health; Stephen M. Hahn, M.D.,
Commissioner of Food and Drugs, U.S. Food and Drug
Administration; Robert Kadlec, M.D., Assistant Secretary for
Preparedness and Response, U.S. Department of Health and Human
Services; and Robert R. Redfield, M.D., Director, Centers for
Disease Control.
Protecting Scientific Integrity in the COVID-19 Response
On May 14, 2020, the Subcommittee on Health held a hearing
entitled ``Protecting Scientific Integrity in the COVID-19
Response.'' The purpose of this hearing was to review concerns
raised by government and outside stakeholders about the
politicization of public health agencies, the Administration's
lack of preparation for a pandemic, and its slow response to
the COVID-19 outbreak. The Subcommittee received testimony from
Richard A. Bright, Ph.D., Senior Advisor, National Institutes
of Health; and Mike Bowen, Executive Vice President, Prestige
Ameritech.
Health Care Inequality: Confronting Racial and Ethnic Disparities in
COVID-19 and the Health Care System
On June 17, 2020, the Subcommittee on Health held a hearing
entitled ``Health Care Inequality: Confronting Racial and
Ethnic Disparities in COVID-19 and the Health Care System.''
The purpose of this hearing was to examine the racial and
ethnic disparities found in current COVID-19 data and the
existing structural and racial inequalities in the U.S. health
care system that have contributed to such disparities. The
Subcommittee received testimony from Rhea Boyd, M.D., M.P.H.,
Pediatrician and Child Health Advocate, Palo Alto Medical
Foundation; Oliver T. Brooks, M.D., President, National Medical
Association; and Avik S. Roy, President, The Foundation for
Research on Equal Opportunity.
Health Care Lifeline: The Affordable Care Act and the COVID-19 Pandemic
On September 23, 2020, the Subcommittee on Health held a
hearing entitled ``Health Care Lifeline: The Affordable Care
Act and the COVID-19 Pandemic.'' The purpose of this hearing
was to examine the Affordable Care Act's impact on health care
coverage and affordability for Americans during the COVID-19
pandemic and the accompanying economic crisis. The Subcommittee
received testimony from Aviva Aron-Dine, Ph.D., Vice President
for Health Policy, Center on Budget and Policy Priorities; Dean
Cameron, Director, Idaho Department of Insurance; Douglas
Holtz-Eakin, Ph.D., President, American Action Forum; Peter
Lee, Executive Director, Covered California; and Benjamin D.
Sommers, M.D., Ph.D., Huntley Quelch Professor of Health Care
Economics, Professor of Health Policy & Economics, Harvard T.H.
Chan School of Public Health, Professor of Medicine, Brigham &
Women's Hospital.
APPENDIX I
Oversight Plan for the Committee on Energy and Commerce U.S. House of
Representatives, 116th Congress
Rule X, clause 2(d) of the Rules of the House requires each
standing Committee to develop an oversight plan for the two-
year period of the Congress and to submit the plan to the
Committee on Oversight and Reform and to the Committee on House
Administration not later than March 1 of the first session of
the Congress.
This is the oversight plan of the Committee on Energy and
Commerce for the 116th Congress. It includes areas where the
Committee expects to conduct oversight during the 116th
Congress, subject to staff and resource limitations, but does
not preclude oversight or investigation of additional matters.
The Committee will continue to consult with other committees
that have jurisdiction over the same or related laws, programs,
or agencies with the objective of ensuring maximum coordination
and cooperation. Specifically, the Committee will continue to
work with other committees to facilitate expiring programs,
coordinate with the Congressional Budget Office regarding
lapsed authorizations and upcoming expirations, and hold member
and staff-level meetings with relevant committees and House and
Senate conferences.
ENERGY AND ENVIRONMENTAL ISSUES
Climate Change
Climate change affects every region across the country and
inflicts large costs on the U.S. economy each year. States,
cities, Tribes, and communities across America are taking steps
to mitigate and prepare for the impacts of climate change. The
Committee intends to examine the economic, environmental, and
health effects of climate change, including disproportionate
impacts on low income communities and other vulnerable
populations. The Committee will also identify opportunities for
Federal action to reduce negative impacts, create new
businesses and jobs, and make all communities safer and more
resilient to changes already underway. The Committee will also
review actions needed to meet our obligations under the Paris
Climate Agreement and examine the climate impacts of regulatory
efforts and programs by the Department of Energy, the
Environmental Protection Agency, the Department of Health and
Human Services and other agencies within the Committee's
jurisdiction. The Committee expects to examine governmental and
nongovernmental activities and policies to reduce greenhouse
gas emissions. The Committee also anticipates assessing State
funding programs and other efforts by agencies within the
Committee's jurisdiction to ensure States and local communities
have the resources needed to prepare for and respond to severe
weather events and natural disasters.
Clean Air Act
The Committee expects to review significant rulemakings and
program implementation under the Clean Air Act and associated
public health and environmental benefits. Review will also
include oversight of EPA decisions, management strategies, and
other actions affecting efforts to meet Clean Air Act
standards, including EPA actions that affect State efforts to
meet public health goals. In addition, the Committee will
examine the current role of and proposed changes to the
accounting of cost, benefits, and feasibility in Clean Air Act
rulemakings. The Committee will also continue to conduct
oversight of EPA's implementation of the Renewable Fuel
Standard.
Environmental Contamination and Cleanup
The Committee will conduct oversight of EPA's
implementation of the Comprehensive Environmental Response
Compensation and Liability Act (CERCLA), including the
development and implementation of the recommendations from the
Superfund Task Force. The Committee will also oversee
implementation of recent updates to the Brownfields program.
The Committee anticipates investigating the impacts of climate
change and extreme weather on exposure from contaminated sites
and cleanup costs. The Committee will also examine EPA's
decision not to finalize financial responsibility requirements
under CERCLA section 108(b) and the impacts of that decision on
cleanups and taxpayers.
Hazardous and Solid Waste
The Committee will examine State and Federal implementation
of legislation governing disposal of coal ash, including the
EPA's response to recent court decisions finding Federal
regulations insufficient and State response to recent extreme
weather events that led to coal ash releases.
Regulation of Dangerous Chemical Substances
The Committee will conduct oversight of EPA's
implementation of the reformed Toxic Substances Control Act as
the Agency moves forward with the first risk evaluations and
risk management rules under the new law. This oversight will
look at decisions being made by EPA to exclude certain uses,
exposures, vulnerable populations, and scientific studies from
their review. The Committee will examine the impacts these
decisions are having on the most vulnerable and
disproportionately impacted, including workers, infants and
children, and hot spot communities. The Committee will also
examine risk management activities and decisions related to
pesticides and other non-TSCA regulated chemicals and actions
of other agencies in the Committee's jurisdiction charged with
addressing these issues, including DOE and the Agency for Toxic
Substances and Disease Registry.
Drinking Water Risks and Safety
The Committee will examine drinking water risks, including
risks from lead service lines and emerging contaminants. The
Committee will conduct oversight of State and Federal
implementation of drinking water standards, and EPA's process
for adopting new drinking water standards. In addition, the
Committee will continue to review the impact on communities of
regulatory ambiguity under the Safe Drinking Water Act
regarding hydraulic fracturing, as well as government
activities in hydraulic fracturing research and regulation.
EPA Management and Operations
The Committee will conduct general oversight of EPA. This
will include review of agency funding decisions, resource
allocations, office and program reorganization, grants,
research activities, contracts awarded to outside parties,
enforcement activities. The Committee will also conduct general
oversight of EPA relations with State and local governments,
public transparency, and adherence to economic, procedural,
public health, and environmental standards in regulatory
actions. The Committee intends to examine how staff reductions
and cuts to the EPA budget would impact the agency's programs
and effectiveness in protecting human health and the
environment.
National Energy Policy
The Committee will examine policies that relate to energy
efficiency and conservation, and the exploration, production,
distribution, and consumption of electricity, oil and natural
gas, coal, hydroelectric power, nuclear power, and renewable
energy. The Committee will inquire into the impact of
government policies and programs on the exploration,
production, storage, supply, marketing, pricing, and regulation
of domestic energy resources, including issues relating to the
Nation's energy infrastructure. The Committee will also
continue to examine safety, security, public health and climate
issues relating to energy exploration, production, and
distribution.
Electricity and Natural Gas Markets and Regulation
The Committee will review the Federal electricity and
natural gas policies of the Federal Energy Regulatory
Commission and DOE related to competitive markets for
compliance with relevant statutes. The Committee will also
examine the activities of the FERC and DOE relating to
protection of consumers and the environment with regard to
electricity, natural gas and hydroelectric power, including the
development of efficient and vigorous wholesale markets for
electricity. Additionally, the Committee will closely examine
actions regarding pipeline safety by the Department of
Transportation's Pipeline and Hazardous Materials Safety
Administration as well as actions regarding pipeline security
by the Department of Homeland Security's Transportation
Security Administration.
Energy and Fuel Efficiency Mandates
The Committee will continue to oversee Federal programs
setting energy efficiency standards for home appliances crafted
by DOE, to ensure that the programs maximize the benefit to
consumers. The Committee will also examine greenhouse gas and
fuel economy standards for motor vehicles developed by EPA and
the National Highway Traffic Safety Administration (NHTSA),
respectively.
Management of the Department of Energy and its National Laboratories
The Committee will continue to oversee governance,
management, and operations issues at DOE, including the
National Nuclear Security Administration (NNSA) and the
National Laboratories. This will include a continued focus on
DOE's management of the contractors that operate the national
laboratories. The Committee's oversight work will also include
review of the implementation of security and safety reforms at
NNSA and DOE facilities, ongoing safety and security matters,
and the Office of Environmental Management's cleanup program,
as well as the work of the Defense Nuclear Facilities Safety
Board. This work will also include the Committee's oversight
functions over DOE grant and loan guarantee programs as well as
programs and activities relating to nonmilitary energy research
and development.
Nuclear Waste
The Committee will continue to review the actions of DOE
and the Nuclear Regulatory Commission (NRC) regarding
obligations of these agencies under the Nuclear Waste Policy
Act. The Committee will also examine other nuclear waste
cleanup and disposal programs under its jurisdiction.
The Nuclear Regulatory Commission
The Committee will continue to examine the programs and
activities of the NRC. The Committee will review NRC's budget
requests and conduct oversight of the manner in which the
Commission discharges its various responsibilities, including
the Commission's regulatory actions, licensing activity, the
safety and security of nuclear power facilities, and nuclear
materials licensees.
HEALTH AND HEALTH CARE ISSUES
The Affordable Care Act
The Committee will continue to examine issues related to
the implementation by the Department of Health and Human
Services of the Affordable Care Act, including attempts to
administratively and illegally undermine the ACA and the
Administration's refusal to defend the constitutionality of the
law. This oversight will also examine the effect that
Administration decisions have had on access to comprehensive,
affordable health care.
HHS Management and Operations
The Committee will conduct general oversight of HHS and its
agencies to ensure it is fulfilling its mission to enhance and
protect the health of all Americans.
Centers for Medicare & Medicaid Services
The Committee will review the management, operations, and
activities of the Centers for Medicare & Medicaid Services
(CMS) and the programs it administers. The Committee will study
the positive economic effect of Medicaid expansion and impact
of Medicaid expansion on access to care, and review insurance
coverage rates for children and State outreach efforts to
enroll uninsured children. The Committee will examine attempts
administratively and illegally to undermine the Medicaid
program, which provides critical services to more than 70
million individuals. The Committee will also examine the
increasing out-of-pocket drug costs for seniors under the
Medicare program and the positive effects of giving the
Secretary of HHS the authority to negotiate drug prices.
Food and Drug Administration and Product Safety
The Committee will review the management, operations, and
activities of the Food and Drug Administration, including the
ability of the agency to ensure the safety of the Nation's
food, drugs, devices, and cosmetics. The Committee will examine
FDA's statutory authorities for protecting the Nation's food
supply with a view towards identifying any gaps and whether
FDA's financial and personnel resources are adequate to protect
the public from unsafe food. The Committee will also
investigate FDA's enforcement of current drug supply chain and
safety laws and its foreign drug inspection program. The
Committee will also review the FDA's efforts to combat youth
access to tobacco and electronic nicotine delivery systems
products, as well as the agency's enforcement and
implementation of the Tobacco Control Act. The Committee will
also review FDA's efforts to improve and modernize the
regulatory framework for medical devices and the impact for
medical device safety. Further, the Committee will review the
safety of cosmetics and personal care products in light of the
substantial increase in cosmetic imports, one of FDA's larger
categories of imports.
Public Health and Pandemic Preparedness
The Committee will examine the roles of various Federal
agencies responsible for protecting the public health,
including program management and implementation. Specifically,
the Committee will continue to conduct oversight of Federal
efforts on pandemic preparedness, including influenza
preparedness, as well as the United States' response to
emerging foreign infectious disease threats. The Committee will
also continue its review of efforts to combat the opioid
epidemic, including State and Federal responses, and the roles
of participants in the health care delivery chain.
Additionally, the Committee will also study the role our
Federal public health agencies play and the actions such
agencies can take to reduce health disparities among racial and
ethnic minorities, and to address the health impacts caused by
gun violence in our communities. Further, the Committee will
also continue to monitor implementation of mental health
reforms and the work done by the Assistant Secretary for Mental
Health and Substance Use, as well as issues related to the
health and safety of athletes, including youth athletes.
Health Care Affordability
The Committee will examine the Administration's actions and
policies related to the rising costs of health care and
prescriptions drugs. This will include examining the role FDA
and the NIH play in the discovery, development, and delivery of
innovative medications. The Committee will also investigate the
impacts higher health care costs, including rising out-of-
pocket costs and surprising billing, are having on American
families, including seniors, and what actions may be taken to
improve affordability within our health care system. The
Committee will also continue to review policies proposed by the
Administration to lower the costs of prescription drug prices
and will investigate how actions taken by brand name and
generic drug manufacturers have impacted such costs, including
abuses and gaming of current regulatory requirements. Further,
the Committee will study the role rebates play in the costs of
prescription drugs and to our Federal health care system and
study how changes to rebates may impact such costs.
Reunification of Unaccompanied Children
The Committee will conduct oversight of HHS efforts to
reunify and provide appropriate care to unaccompanied children.
The Committee will also review HHS's role in significant
policies that affect the placement and coordination of
unaccompanied children. Review will also include HHS-contracted
facilities' compliance with Federal laws and regulations, and
HHS's oversight thereof.
Indian Health Service
The Committee expects to investigate the quality and
adequacy of health care prevention and treatment services
provided by the Indian Health Service. The Committee will also
review current implementation of the Indian Health Care
Improvement Act and how this law and the care provided by the
Indian Health Service is working for American Indians and
Alaska Natives in order to inform the Committee on ways to
improve care for those who rely on these services.
COMMUNICATIONS AND TECHNOLOGY ISSUES
Federal Communications Commission Management and Operations
The Committee will continue to conduct oversight of the
operations, management, and activities of the Federal
Communications Commission, including the effect of its
decisions on protecting consumers, promoting privacy and data
security, increasing the availability of broadband,
technologies and services, increasing competition, and ensuring
adequate emergency communications capability. Additionally, the
Committee will evaluate the effect of FCC actions on network
resiliency and public safety, as well as data, video, voice,
and audio services.
National Telecommunications and Information Administration Management
and Operations
The Committee will continue to conduct oversight of the
operations, management, and activities of the National
Telecommunications and Information Administration (NTIA) within
the Department of Commerce, including its efforts to promote
cybersecurity, supply chain security, consumer privacy, and the
responsible use of emergency consumer communications
technologies. Additionally, the Committee will evaluate the
work of the NTIA in representing the interests of the United
States in international meetings and negotiations relating to
telecommunications and internet governance.
Broadband Internet Deployment, Affordability Adoption, and Openness
The Committee will conduct oversight of funding mechanisms
for broadband deployment and adoption, including the Universal
Service Fund and whether such programs adequately and
efficiently promote broadband deployment and adoption for
consumers. The Committee will also oversee the effect
deregulation has had on the availability, affordability, and
adoption of broadband. The Committee will exercise its
jurisdiction to oversee the process--and the effects on
consumers, small business, and free speech--associated with the
repeal of net neutrality. The Committee will exercise its
jurisdiction over broadband to ensure continued growth and
investment in the internet. The Committee will also continue to
exercise its jurisdiction over wireless and wired
communications to ensure our Nation's policies governing voice,
video, audio, and data services are promoting investment,
innovation, access, affordability, and job creation.
Public Safety Communications
The Committee will continue to examine the progress being
made to ensure that first responders have interoperable
communications capabilities with local, State, and Federal
public safety officials, including through the efforts of the
Emergency Communications Division within the Department of
Homeland Security. The Committee will also examine the progress
being made by the First Responder Network Authority in carrying
out the mandates of the Middle Class Tax Relief and Job
Creation Act of 2012. In addition, the Committee will conduct
oversight regarding the implementation of legacy 911 and Next
Generation 911 (NG911) services. The Committee will review
efforts to promote deployment of these advanced systems and
challenges to realizing ubiquitous NG911.
Spectrum Management
The Committee will continue to oversee the Federal
Communications Commission's and the National Telecommunications
and Information Administration's (NTIA) management and
allocation of the Nation's spectrum for government and
commercial use to ensure efficient use of public airwaves for
consumers. The Committee will further examine whether plans for
allocating spectrum encourage competition, benefit consumers,
and are in the public interest. The Committee will oversee FCC
and NTIA implementation of the Middle Class Tax Relief and Job
Creation Act of 2012, the Bipartisan Budget Act of 2015, and
the RAY BAUM's Act.
CONSUMER PROTECTION AND COMMERCE ISSUES
Privacy and Security
The Committee will examine issues relating to the privacy
and security of methods, information, and data collected by
businesses about consumers and the potential for improving
protection and benefiting consumers. The Committee will also
continue to investigate whether all companies that collect
consumer data are implementing data security and privacy
standards that ensure consumers' personal information is not
stolen or misused.
Consumer Protection Safety Commission Management and Operations and
Consumer Protection
The Committee will continue to review the Consumer Product
Safety Commission's (CPSC) overall operations, including the
effectiveness of its rulemaking, its enforcement activities,
engagement in standard-setting activities, and the
modernization of its staff and infrastructure. The Committee
will also exercise its jurisdiction to improve the safety of
products purchased and used by consumers to prevent injuries
and deaths.
NHTSA Management and Operations and Motor Vehicle Safety
The Committee will continue oversight of the National
Highway Traffic Safety Administration, including the
effectiveness of the agency's regulations, investigations,
structure, research activities, and enforcement actions
pertaining to motor vehicle safety. The Committee will examine
NHTSA's ability to effectively oversee advancing safety
technologies including semi-autonomous and autonomous
technologies. The Committee will also examine whether NHTSA
effectively monitors and investigates safety issues, and
whether it effectively manages recalls. The Committee will also
work to improve motor vehicle safety to protect drivers,
passengers, and all others who share the roadways.
Federal Trade Commission Management and Operations and Consumer
Protection
The Committee will review the management, authorities,
operations, rulemaking, and enforcement actions of the Federal
Trade Commission. The Committee will review consumer protection
activities related to privacy, data security, and false and
deceptive advertising.
Consumer Financial Protection Bureau Management and Operations
The Committee will review the management, operations,
rulemaking, and enforcement actions of the Consumer Financial
Protection Bureau, and whether the Bureau is achieving its
consumer protection mission.
Department of Commerce Management and Operations and Manufacturing and
Trade
The Committee will conduct oversight of the Department of
Commerce and its efforts to promote manufacturing and exports.
The Committee will monitor and examine interstate commerce as
well as bilateral agreements and multilateral trade agreements
as those agreements relate to services, commodities, and
industries within the Committee's jurisdiction, including
energy, telecommunications, consumer products, electronic
commerce, food, and drugs. The Committee will examine whether
these agreements adequately protect the interests of domestic
and foreign workers, the environment, and consumers. The
Committee will also explore the state of manufacturing in the
United States to identify factors that are hampering or
furthering United States competitiveness and factors that
benefit or hurt American workers.
MISCELLANEOUS
Cybersecurity
The Committee will continue to examine the protection of
information and technology vital to our national and economic
security by examining vulnerabilities and paths to defend
against future attacks. The Committee will conduct oversight of
actions and programs of the National Institute of Standards and
Technology as well as efforts of relevant agencies to implement
the Homeland Security Act of 2002. Additionally, the Committee
will review the efforts of agencies within its jurisdiction to
secure their networks. The Committee will also examine
initiatives to improve cybersecurity both in the private and
public sectors, and review efforts at agencies within the
Committee's jurisdiction to regulate cybersecurity.
Bioterrorism Preparedness and Response
The Committee will continue to monitor the roles of HHS
agencies in assisting the Nation's capability, detection, and
response to possible biological attacks. The Committee will
also evaluate the potential impact and preparedness of the
Nation's public health system. The Committee will continue to
review the extent of the coordination between HHS and the
Department of Homeland Security (DHS), especially as it relates
to Project Bioshield, and implementation of the Public Health
Security and Bioterrorism Preparedness and Response Act of 2002
by HHS.
Federal Oversight of High-Containment Bio Laboratories
The Committee will conduct oversight of issues related to
high-containment bio laboratories, which handle some of the
most dangerous and exotic diseases, including anthrax,
smallpox, Ebola virus, and foot and mouth disease. Among the
issues under review will be the adequacy of the security and
practices of high-containment bio laboratories and Federal
efforts to oversee the laboratories, and whether some of these
efforts are overlapping and duplicative.
Safety and Security for Chemical Facilities
The Committee will conduct oversight of mandates across
agencies to ensure the safety and security of chemical
facilities, including implementation of DHS's Chemical
Facilities Anti-Terrorism Standards Program and EPA's Risk
Management Planning program. The Committee will also examine
threats to these facilities from climate change and extreme
weather.
Scientific and Risk Assessment Programs
The Committee will review programs to assess the
objectives, transparency, and integrity of scientific
assessments that inform regulatory and public health policies.
The Committee will examine issues relating to the numerous
Federal science programs assessing public health risks,
including the Integrated Risk Information System at EPA, the
Report on Carcinogens produced by the National Toxicology
Program at HHS, and assessments proposed or ongoing in other
Federal departments and agencies.
Waste, Fraud, and Abuse
The Committee will conduct oversight of departments and
agencies under its jurisdiction to ensure adequate and prompt
implementation of recommendations from the Government
Accountability Office, Offices of Inspectors General, and other
sources to eliminate waste, fraud, and abuse.
Critical Infrastructure
The Committee will examine DHS's activities with respect to
identifying high-priority assets and implementing plans to
protect these assets in areas within the Committee's
jurisdiction. The Committee will also examine the activities of
DOE, FERC, and other Federal agencies related the physical and
cybersecurity of the Nation's energy infrastructure, including
DOE's authorities and responsibilities as the sector-specific
agency for energy security. The Committee will also conduct
oversight of HHS and EPA's responsibilities and authorities as
sector-specific agencies for activities related to the Nation's
critical infrastructure for communications, chemicals,
emergency services, and others within the Committee's
jurisdiction. Additionally, the Committee will examine the
roles and responsibilities of other relevant agencies such as
the FCC as well as the private sector.
Nuclear Smuggling
The Committee will continue to monitor private sector and
Federal Government efforts at seaports, border crossings, and
mail facilities. The Committee's review will examine and assess
DOE and U.S. Customs and Border Protection efforts, including
international efforts, aimed at detecting and preventing the
smuggling of dangerous commerce, particularly radiological and
nuclear weapons of mass destruction.
Online Platform and Consumer Protection
The Committee will examine the effect of online platform
practices on the public good, free speech, and democratic
principles. In particular, the Committee will review the effect
on consumers of certain content moderation techniques and the
potential for algorithmic bias and discrimination. The
Committee will also review the extent to which competition
exists among online platforms, and how consolidation affects
consumers.
Diversity and Inclusion in Federally-Funded Entities and Activities
The Committee will provide oversight over all agencies
under its jurisdiction to promote policies of diversity and
inclusion in order to ensure that these Federally-funded
agencies are representative of the Nation as a whole and are
working to support the interests of all communities and all
segments of the overall population.
APPENDIX II
COMMITTEE ON ENERGY AND COMMERCE
PUBLIC LAWS
This list includes: (1) legislation on which the Committee
on Energy and Commerce acted directly; (2) legislation
developed through Committee participation in House-Senate
conferences; and (3) legislation which included provisions
within the Committee's jurisdiction, including legislation
enacted by reference as part of other legislation.
Public Laws: 26 (as of 12/31/2020)
------------------------------------------------------------------------
Public Law Date Approved Bill Title
------------------------------------------------------------------------
116-2........ 1/18/2019 H.R. 251......... Chemical Facility Anti-
Terrorism Standards
Program Extension
Act.
116-3........ 1/24/2019 H.R. 259......... Medicaid Extenders Act
of 2019.
116-16....... 4/18/2019 H.R. 1839........ Medicaid Services
Investment and
Accountability Act of
2019.
116-39....... 8/6/2019 H.R. 3253........ Sustaining Excellence
in Medicaid Act of
2019.
116-49....... 8/22/2019 H.R. 776......... Emergency Medical
Services for Children
Program
Reauthorization Act
of 2019.
116-60....... 9/30/2019 H.R. 1058........ Autism Collaboration,
Accountability,
Research, Education,
and Support Act of
2019 or the Autism
CARES Act of 2019.
116-62....... 10/4/2019 S. 163........... Alaska Remote
Generator Reliability
and Protection Act.
116-74....... 11/27/2019 H.R. 3889........ ONDCP Technical
Corrections Act of
2019.
116-92....... 12/20/2019 S. 1790.......... National Defense
Authorization Act for
Fiscal Year 2020.
116-94....... 12/20/2019 H.R. 1865........ Further Consolidated
Appropriations Act,
2020.
116-95....... 12/20/2019 H.R. 1138........ To reauthorize the
West Valley
demonstration
project, and for
other purposes.
116-105...... 12/30/2019 S. 151........... Pallone-Thune
Telephone Robocall
Abuse Criminal
Enforcement and
Deterrence Act of the
Pallone-Thune TRACED
Act.
116-109...... 1/24/2020 H.R. 583......... Preventing Illegal
Radio Abuse Through
Enforcement Act or
the PIRATE Act.
116-113...... 1/29/2020 H.R. 5430........ United States-Mexico-
Canada Agreement
Implementation Act.
116-114...... 2/6/2020 S. 3201.......... Temporary
Reauthorization and
Study of the
Emergency Scheduling
of Fentanyl Analogues
Act.
116-123...... 3/6/2020 H.R. 6074........ Coronavirus
Preparedness and
Response Supplemental
Appropriations Act,
2020.
116-124...... 3/12/2020 H.R. 4998........ Secure and Trusted
Communications
Networks Act of 2019.
116-127...... 3/18/2020 H.R. 6201........ Families First
Coronavirus Response
Act.
116-129...... 3/23/2020 S. 893........... Secure 5G and Beyond
Act of 2020.
116-130...... 3/12/2020 S. 1822.......... Broadband Deployment
Accuracy and
Technological
Availability Act.
116-150...... 7/22/2020 S. 4148.......... To extend the Chemical
Facility Anti-
Terrorism Standards
Program of the
Department of
Homeland Security,
and for other
purposes.
116-172...... 10/17/2020 S. 2661.......... National Suicide
Hotline Designation
Act of 2020.
116-173...... 10/20/2020 H.R. 4779........ To extend the
Undertaking Spam,
Spyware, And Fraud
Enforcement With
Enforcers beyond
Borders Act of 2006,
and for other
purposes.
116-206...... 12/4/2020 H.R. 835......... Rodchenkov Anti-Doping
Act of 2019.
116-224...... 12/18/2020 S. 1982.......... Save Our Seas 2.0 Act.
116-__....... 12/27/2020 H.R. 133......... Consolidated
Appropriations Act,
2021.
------------------------------------------------------------------------
Cleared for
Action the White Bill Title
House
------------------------------------------------------------------------
Presented to 12/24/2020 H.R. 8906........ Lifespan Respite Care
the Reauthorization Act
President. of 2020.
Presented to 12/24/2020 H.R. 7898........ To amend the Health
the Information
President. Technology for
Economic and Clinical
Health Act to require
the Secretary of
Health and Human
Services to consider
certain recognized
security practices of
covered entities and
business associates
when making certain
determinations, and
for other purposes.
Presented to 12/24/2020 H.R. 6535........ To deem an urban
the Indian organization
President. and employees thereof
to be a part of the
Public Health Service
for the purposes of
certain claims for
personal injury, and
for other purposes.
Presented to 12/24/2020 H.R. 6435........ Combating Pandemic
the Scams Act of 2020.
President.
Presented to 12/24/2020 H.R. 6237........ Proper and Reimbursed
the Care for Native
President. Veterans Act or the
PRC for Native
Veterans Act.
Presented to 12/24/2020 H.R. 5663........ Safeguarding
the Therapeutics Act.
President.
Presented to 12/24/2020 H.R. 2468........ School-Based Allergies
the and Asthma Management
President. Program Act.
Presented to 12/24/2020 H.R. 1966........ Henrietta Lacks
the Enhancing Cancer
President. Research Act of 2019.
Presented to 12/24/2020 H.R. 1503........ Orange Book
the Transparency Act of
President. 2020.
------------------------------------------------------------------------
APPENDIX III
COMMITTEE ON ENERGY AND COMMERCE
PART A
HEARINGS
Printed Hearings of the Committee on Energy and Commerce
------------------------------------------------------------------------
Serial No. Hearing Title Hearing Date
------------------------------------------------------------------------
116-1.............. Time for Action: Addressing February 6, 2019
the Environmental and
Economic Effects of
Climate Change
[Subcommittee on
Environment and Climate
Change].
116-2.............. Texas v. U.S.: The February 6, 2019
Republican Lawsuit and Its
Impacts on Americans with
Pre-Existing Conditions
[Subcommittee on Health].
116-3.............. Examining the Failures of February 7, 2019
the Trump Administration's
Inhumane Family Separation
Policy [Subcommittee on
Oversight and
Investigations].
116-4.............. Preserving an Open Internet February 7, 2019
for Consumers, Small
Businesses, and Free
Speech [Subcommittee on
Communications and
Technology].
116-5.............. Protecting Consumers and February 13, 2019
Competition: An
Examination of the T-
Mobile and Sprint Merger
[Subcommittee on
Communications and
Technology].
116-6.............. Strengthening Our February 13, 2019
Healthcare System:
Legislation to Reverse ACA
Sabotage and Ensure Pre-
Existing Conditions
Protections [Subcommittee
on Health].
116-7.............. Protecting Consumer Privacy February 26, 2019
in the Era of Big Data
[Subcommittee on Consumer
Protection and Commerce].
116-8.............. EPA's Enforcement Program: February 26, 2019
Taking the Environmental
Cop Off the Beat
[Subcommittee on Oversight
and Investigations].
116-9.............. Confronting a Growing February 27, 2019
Public Health Threat:
Measles Outbreaks in the
U.S. [Subcommittee on
Oversight and
Investigations].
116-10............. Clean Energy Infrastructure February 27, 2019
and the Workforce to Build
It [Subcommittee on
Energy].
116-11............. We'll Always Have Paris: February 28, 2019
Filling the Leadership
Void Caused by Federal
Inaction on Climate Change
[Subcommittee on
Environment and Climate
Change].
116-12............. Strengthening Our March 6, 2019
Healthcare System:
Legislation to Lower
Consumer Costs and Expand
Access [Subcommittee on
Health].
116-13............. Inclusion in Tech: How March 6, 2019
Diversity Benefits All
Americans [Subcommittee on
Consumer Protection and
Commerce].
116-14............. Wasted Energy: DOE's March 7, 2019
Inaction on Efficiency
Standards and Its Impact
on Consumers and the
Climate [Subcommittee on
Energy].
116-15............. Legislating to Safeguard March 12, 2019
the Free and Open Internet
[Subcommittee on
Communications and
Technology].
116-16............. The Fiscal Year 2020 HHS March 12, 2019
Budget [Subcommittee on
Health].
116-17............. Lowering the Cost of March 13, 2019
Prescription Drugs:
Reducing Barriers to
Market Competition
[Subcommittee on Health].
116-18............. Mismanaging Chemical Risks: March 13, 2019
EPA's Failure to Protect
Workers [Subcommittee on
Environment and Climate
Change].
116-19............. Enhancing Vehicle March 14, 2019
Technology to Prevent
Drunk Driving
[Subcommittee on Consumer
Protection and Commerce].
116-20............. Lessons from Across the April 2, 2019
Nation: State and Local
Action to Combat Climate
Change [Subcommittee on
Environment and Climate
Change].
116-21............. Priced Out of a Lifesaving April 2, 2019
Drug: The Human Impact of
Rising Insulin Costs
[Subcommittee on Oversight
and Investigations].
116-22............. The Fiscal Year 2020 EPA April 9, 2019
Budget [Subcommittee on
Environment and Climate
Change].
116-23............. Protecting Americans from April 9, 2019
Dangerous Products: Is the
Consumer Product Safety
Commission Fulfilling Its
Mission? [Subcommittee on
Consumer Protection and
Commerce].
116-24............. Investing in America's April 10, 2019
Energy Infrastructure:
Improving Energy
Efficiency and Creating a
Diverse Workforce
[Subcommittee on Energy].
116-25............. Priced Out of a Lifesaving April 12, 2019
Drug: Getting Answers on
the Rising Cost of Insulin
[Subcommittee on Oversight
and Investigations].
116-26............. Legislating to Stop the April 30, 2019
Onslaught of Annoying
Robocalls [Subcommittee on
Communications and
Technology].
116-27............. Prescription Drug Coverage April 30, 2019
in the Medicare Program
[Subcommittee on Health].
116-28............. The State of Pipeline May 1, 2019
Safety and Security in
America [Subcommittee on
Energy].
116-29............. DOE's Mounting Cleanup May 1, 2019
Costs: Billions in
Environmental Liability
and Growing [Subcommittee
on Oversight and
Investigations].
116-30............. Ban Asbestos Now: Taking May 8, 2019
Action to Save Lives and
Livelihoods [Subcommittee
on Environment and Climate
Change].
116-31............. Oversight of the Federal May 8, 2019
Trade Commission:
Strengthening Protections
for Americans' Privacy and
Data Security
[Subcommittee on Consumer
Protection and Commerce].
116-32............. Lowering Prescription Drug May 9, 2019
Prices: Deconstructing the
Drug Supply Chain
[Subcommittee on Health].
116-33............. The Fiscal Year 2020 DOE May 9, 2019
Budget [Subcommittee on
Energy].
116-34............. Accountability and May 15, 2019
Oversight of the Federal
Communications Commission
[Subcommittee on
Communications and
Technology].
116-35............. Protecting Americans at May 15, 2019
Risk of PFAS Contamination
and Exposure [Subcommittee
on Environment and Climate
Change].
116-36............. Undermining Mercury May 21, 2019
Protections: EPA Endangers
Human Health and the
Environment [Subcommittee
on Oversight and
Investigations].
116-37............. Improving Drug Pricing May 21, 2019
Transparency and Lowering
Prices for American
Consumers [Subcommittee on
Health].
116-38............. LIFT America: Modernizing May 22, 2019
Our Infrastructure for the
Future [Full Committee].
116-39............. Summer Driving Dangers: May 23, 2019
Exploring Ways to Protect
Drivers and Their Families
[Subcommittee on Consumer
Protection and Commerce].
116-40............. Investing in America's June 4, 2019
Healthcare [Subcommittee
on Health].
116-41............. STELAR Review: Protecting June 4, 2019
Consumers in an Evolving
Media Marketplace
[Subcommittee on
Communications and
Technology].
116-42............. Critical Mission: Former June 11, 2019
Administrators Address the
Direction of the EPA
[Subcommittee on Oversight
and Investigations].
116-43............. No More Surprises: June 12, 2019
Protecting Patients from
Surprise Medical Bills
[Subcommittee on Health].
116-44............. Oversight of FERC: Ensuring June 12, 2019
Its Actions Benefit
Consumers and the
Environment [Subcommittee
on Energy].
116-45............. Cleaning Up Communities: June 13, 2019
Ensuring Safe Storage and
Disposal of Spent Nuclear
Fuel [Subcommittee on
Environment and Climate
Change].
116-46............. Keeping Kids and Consumers June 13, 2019
Safe from Dangerous
Products [Subcommittee on
Consumer Protection and
Commerce].
116-47............. Protecting Title X and June 19, 2019
Safeguarding Quality
Family Planning Care
[Subcommittee on Health].
116-48............. Legislative Solutions to June 19, 2019
Make Our Nation's
Pipelines Safer
[Subcommittee on Energy].
116-49............. Driving in Reverse: The June 20, 2019
Administration's Rollback
of Fuel Economy and Clean
Car Standards [Jointly
held between the
Subcommittee on Consumer
Protection and Commerce
and the Subcommittee on
Environment and Climate
Change].
116-50............. Strengthening Healthcare in June 20, 2019
the U.S. Territories for
Today and Into the Future
[Subcommittee on Health].
116-51............. Reauthorizing Vital Health June 25, 2019
Programs for American
Families [Subcommittee on
Health].
116-52............. Keeping the Lights on: July 12, 2019
Addressing Cyber Threats
to the Grid [Subcommittee
on Energy].
116-53............. Oversight of Federal July 16, 2019
Efforts to Combat the
Spread of Illicit Fentanyl
[Subcommittee on Oversight
and Investigations].
116-54............. Our Wireless Future: July 16, 2019
Building A Comprehensive
Approach to Spectrum
Policy [Subcommittee on
Communications and
Technology].
116-55............. Building America's Clean July 24, 2019
Future: Pathways to
Decarbonize the Economy
[Subcommittee on
Environment and Climate
Change].
116-56............. Legislation to Make Cars in July 24, 2019
America Safer
[Subcommittee on Consumer
Protection and Commerce].
116-57............. Member Day [Full Committee] July 25, 2019
116-58............. Improving Maternal Health: September 10, 2019
Legislation to Advance
Prevention Efforts and
Access to Care
[Subcommittee on Health].
116-59............. Protecting and Securing September 11, 2019
Chemical Facilities from
Terrorist Attacks
[Subcommittee on
Environment and Climate
Change].
116-60............. Legislating to Connect September 11, 2019
America: Improving the
Nation's Broadband Maps
[Subcommittee on
Communications and
Technology].
116-61............. Building a 100 Percent September 18, 2019
Clean Economy: Pathways
for Net Zero Industrial
Emissions [Subcommittee on
Energy and Environment].
116-62............. Protecting Unaccompanied September 19, 2019
Children: The Ongoing
Impacts of the Trump
Administration's Cruel
Policies [Subcommittee on
Oversight and
Investigations].
116-63............. Profits Over Consumers: September 19, 2019
Exposing How
Pharmaceutical Companies
Game the System
[Subcommittee on Consumer
Protection and Commerce].
116-64............. Building a 100 Percent September 20, 2019
Clean Economy: Solutions
for the U.S. Building
Sector [Subcommittee on
Energy].
116-65............. Sounding the Alarm: The September 25, 2019
Public Health Threats of E-
Cigarettes [Subcommittee
on Oversight and
Investigations].
116-66............. Making Prescription Drugs September 25, 2019
More Affordable:
Legislation to Negotiate a
Better Deal for Americans
[Subcommittee on Health].
116-67............. Legislating to Secure September 27, 2019
America's Wireless Future
[Subcommittee on
Communications and
Technology].
116-68............. A Public Health Crisis: The October 3, 2019
Gun Violence Epidemic in
America [Field Hearing,
Kennedy King College,
Chicago, IL] [Subcommittee
on Health].
116-69............. Fostering a Healthier October 16, 2019
Internet to Protect
Consumers [Jointly held
between the Subcommittee
on Communications and
Technology and the
Subcommittee on Consumer
Protection and Commerce].
116-70............. Legislation to Reverse the October 16, 2019
Youth Tobacco Epidemic
[Subcommittee on Health].
116-71............. Sabotage: The Trump October 23, 2019
Administration's Attack on
Healthcare [Subcommittee
on Oversight and
Investigations].
116-72............. Building a 100 Percent October 23, 2019
Clean Economy: Solutions
for Planes, Trains, and
Everything Beyond
Automobiles [Subcommittee
on Environment and Climate
Change].
116-73............. Repurposing the C-Band to October 29, 2019
Benefit all Americans
[Subcommittee on
Communications and
Technology].
116-74............. Protecting the RFS: The October 29, 2019
Trump Administration's
Abuse of Secret Waivers
[Subcommittee on
Environment and Climate
Change].
116-75............. Reauthorizing Brand USA and October 29, 2019
the U.S. SAFE WEB Act
[Subcommittee on Consumer
Protection and Commerce].
116-76............. Safeguarding Pharmaceutical October 30, 2019
Supply Chains in a Global
Economy [Subcommittee on
Health].
116-77............. Building a 100 Percent October 30, 2019
Clean Economy: Solutions
for the U.S. Power Sector
[Subcommittee on Energy].
116-78............. Building a 100 Percent November 20, 2019
Clean Economy: The
Challenges Facing
Frontline Communities
[Subcommittee on
Environment and Climate
Change].
116-79............. Building Consumer December 4, 2019
Confidence by Empowering
FDA to Improve Cosmetic
Safety [Subcommittee on
Health].
116-80............. Flu Season: U.S. Public December 4, 2019
Health Preparedness and
Response [Subcommittee on
Oversight and
Investigations].
116-81............. Accountability and December 5, 2019
Oversight of the Federal
Communications Commission
[Subcommittee on
Communications and
Technology].
116-82............. Building a 100 Percent December 5, 2019
Clean Economy: Solutions
for Economy-Wide Deep
Decarbonization
[Subcommittee on
Environment and Climate
Change].
116-83............. Securing the U.S. Drug December 10, 2019
Supply Chain: Oversight of
FDA's Foreign Inspection
Program [Subcommittee on
Oversight and
Investigations].
116-84............. Proposals to Achieve December 10, 2019
Universal Health Care
Coverage [Subcommittee on
Health].
116-85............. Legislation to Improve January 8, 2020
Americans' Healthcare
Coverage and Outcomes
[Subcommittee on Health].
116-86............. Americans at Risk: January 8, 2020
Manipulation and Deception
in the Digital Age
[Subcommittee on Consumer
Protection and Commerce].
116-87............. A Public Health Emergency: January 14, 2020
State Efforts to Curb the
Opioid Crisis
[Subcommittee on Oversight
and Investigations].
116-88............. Promoting American January 14, 2020
Innovation and Jobs:
Legislation to Phase Down
Hydrofluorocarbons
[Subcommittee on
Environment and Climate
Change].
116-89............. Cannabis Policies for the January 15, 2020
New Decade [Subcommittee
on Health].
116-90............. Lifting Voices: Legislation January 15, 2020
to Promote Media
Marketplace Diversity
[Subcommittee on
Communications and
Technology].
116-91............. Out of Control: The Impact January 28, 2020
of Wildfires on our Power
Sector and the Environment
[Jointly held between the
Subcommittee on Energy and
the Subcommittee on
Environment and Climate
Change].
116-92............. Legislation to Promote the January 28, 2020
Health and Safety of
Racehorses [Subcommittee
on Consumer Protection and
Commerce].
116-93............. Improving Safety and January 29, 2020
Transparency in America's
Food and Drugs
[Subcommittee on Health].
116-94............. Empowering and Connecting January 29, 2020
Communities through
Digital Equity and
Internet Adoption
[Subcommittee on
Communications and
Technology].
116-95............. Modernizing the Natural Gas February 5, 2020
Act to Ensure It Works for
Everyone [Subcommittee on
Energy].
116-96............. Vaping in America: E- February 5, 2020
Cigarette Manufacturers'
Impact on Public Health
[Subcommittee on Oversight
and Investigations].
116-97............. Clearing the Air: February 6, 2020
Legislation to Promote
Carbon Capture,
Utilization, and Storage
[Subcommittee on
Environment and Climate
Change].
116-98............. Autonomous Vehicles: February 11, 2020
Promises and Challenges of
Evolving Automotive
Technologies [Subcommittee
on Consumer Protection and
Commerce].
116-99............. EPA's Lead and Copper February 11, 2020
Proposal: Failing to
Protect Public Health
[Subcommittee on
Environment and Climate
Change].
116-100............ Protecting Women's Access February 12, 2020
to Reproductive Healthcare
[Subcommittee on Health].
116-101............ Saving Energy: Legislation February 12, 2020
to Improve Energy
Efficiency and Storage
[Subcommittee on Energy].
116-102............ In the Dark: Lack of February 26, 2020
Transparency in the Live
Event Ticketing Industry
[Subcommittee on Oversight
and Investigations].
116-103............ The Fiscal Year 2021 HHS February 26, 2020
Budget and Oversight of
the Coronavirus Outbreak
[Subcommittee on Health].
116-104............ The Fiscal Year 2021 EPA February 27, 2020
Budget [Subcommittee on
Environment and Climate
Change].
116-105............ Strengthening February 27, 2020
Communications Networks to
Help Americans in Crisis
[Subcommittee on
Communications and
Technology].
116-106............ Combating an Epidemic: March 3, 2020
Legislation to Help
Patients with Substance
Use Disorders
[Subcommittee on Health].
116-107............ Building a 100 Percent March 3, 2020
Clean Economy: Advanced
Nuclear Technology's Role
in a Decarbonized Future
[Subcommittee on Energy].
116-108............ Buyer Beware: Fake and March 4, 2020
Unsafe Products on Online
Marketplaces [Subcommittee
on Consumer Protection and
Commerce].
116-109............ Reduce, Reuse, Recycle, March 4, 2020
Reform: Addressing
America's Plastic Waste
Crisis [Subcommittee on
Environment and Climate
Change].
116-110............ Protecting Scientific May 14, 2020
Integrity in the COVID-19
Response [Subcommittee on
Health].
116-111............ On the Front Lines: How June 2, 2020
Governors are Battling the
COVID-19 Pandemic
[Subcommittee on Oversight
and Investigations--
Virtual Hearing].
116-112............ Pollution and Pandemics: June 9, 2020
COVID-19's
Disproportionate Impact on
Environmental Justice
Communities [Subcommittee
on Environment and Climate
Change--Virtual Hearing].
116-113............ Reviving our Economy: COVID- June 16, 2020
19's Impact on the Energy
Sector [Subcommittee on
Energy--Virtual Hearing].
116-114............ Health Care Inequality: June 17, 2020
Confronting Racial and
Ethnic Disparities in
COVID-19 and the
Healthcare System
[Subcommittee on Health--
Virtual Hearing].
116-115............ Oversight of the Trump June 23, 2020
Administration's Response
to the COVID-19 Pandemic
[Full Committee--Hybrid
Hearing].
116-116............ A Country in Crisis: How June 24, 2020
Disinformation Online is
Dividing the Nation
[Jointly held between the
Subcommittee on
Communications and
Technology and the
Subcommittee on Consumer
Protection and Commerce--
Virtual Hearing].
116-117............ High Anxiety and Stress: June 30, 2020
Legislation to Improve
Mental Health During
Crisis [Subcommittee on
Health--Virtual Hearing].
116-118............ Addressing the Urgent Needs July 8, 2020
of Our Tribal Communities
[Full Committee--Virtual
Hearing].
116-119............ Consumers Beware: Increased July 9, 2020
Risks During the COVID-19
Pandemic [Subcommittee on
Consumer Protection and
Commerce--Virtual Hearing].
116-120............ Oversight of DOE During the July 14, 2020
COVID-19 Pandemic
[Subcommittee on Energy--
Hybrid Hearing].
116-121............ Pathway to a Vaccine: July 21, 2020
Efforts to Develop a Safe,
Effective, and Accessible
COVID-19 Vaccine
[Subcommittee on Oversight
and Investigations--
Virtual Hearing].
116-122............ There's Something in the July 28, 2020
Water: Reforming Our
Nation's Drinking Water
Standards [Subcommittee on
Environment and Climate
Change--Virtual Hearing].
116-123............ Improving Access to Care: July 29, 2020
Legislation to Reauthorize
Key Public Health Programs
[Subcommittee on Health--
Virtual Hearing].
116-124............ Building a 100 Percent September 16, 2020
Clean Economy:
Opportunities for an
Equitable, Low-Carbon
Recovery [Subcommittee on
Environment and Climate
Change].
116-125............ Trump FCC: Four Years of September 17, 2020
Lost Opportunities
[Subcommittee on
Communications and
Technology].
116-126............ Healthcare Lifeline: The September 23, 2020
Affordable Care Act and
the COVID-19 Pandemic
[Subcommittee on Health--
Virtual Hearing].
116-127............ Mainstreaming Extremism: September 24, 2020
Social Media's Role in
Radicalizing America
[Subcommittee on Consumer
Protection and Commerce--
Virtual Hearing].
116-128............ Pathway to a Vaccine: September 30, 2020
Ensuring a Safe and
Effective Vaccine People
Will Trust [Subcommittee
on Oversight and
Investigations--Virtual
Hearing].
116-129............ Generating Equity: October 1, 2020
Improving Clean Energy
Access and Affordability
[Subcommittee on Energy--
Virtual Hearing].
------------------------------------------------------------------------
COMMITTEE ON ENERGY AND COMMERCE
PART B
STAFF REPORTS
------------------------------------------------------------------------
------------------------------------------------------------------------
Committee on Energy and June 2020.
Commerce, Democratic Staff
Report entitled,
``Shortchanged: How the
Trump Administration's
Expansion of Junk Short-
Term Health Insurance
Plans is Putting Americans
at Risk''.
(https://
energycommerce.house.gov/
newsroom/press-releases/ec-
investigation-finds-
millions-of-americans-
enrolled-in-junk-health).
------------------------------------------------------------------------
APPENDIX IV
HEARINGS HELD PURSUANT TO CLAUSES 2(N), (O), OR (9) OF RULE XI
------------------------------------------------------------------------
Serial No. Hearing Title Hearing Date
------------------------------------------------------------------------
116-1.............. Time for Action: Addressing February 6, 2019.
the Environmental and
Economic Effects of
Climate Change
(Subcommittee on
Environment and Climate
Change).
116-3.............. Examining the Failures of February 7, 2019.
the Trump Administration's
Inhumane Family Separation
Policy (Subcommittee on
Oversight and
Investigations).
116-6.............. Strengthening Our Health February 13, 2019.
Care System: Legislation
to Reverse ACA Sabotage
and Ensure Pre-Existing
Conditions Protections
(Subcommittee on Health).
116-7.............. Protecting Consumer Privacy February 26, 2019.
in the Era of Big Data
(Subcommittee on Consumer
Protection and Commerce).
116-8.............. EPA's Enforcement Program: February 26, 2019.
Taking the Environmental
Cop Off the Beat
(Subcommittee on
Environment and Climate
Change).
116-11............. We'll Always Have Paris: February 28, 2019.
Filling the Leadership
Void Caused by Federal
Inaction on Climate Change
(Subcommittee on
Environment and Climate
Change).
116-12............. Strengthening Our Health March 6, 2019.
Care System: Legislation
to Lower Consumer Costs
and Expand Access
(Subcommittee on Health).
116-14............. Wasted Energy: DOE's March 7, 2019.
Inaction on Efficiency
Standards and Its Impact
on Consumers and the
Climate (Subcommittee on
Energy).
116-15............. Legislating to Safeguard March 12, 2019.
the Free and Open Internet
(Subcommittee on
Communications and
Technology).
116-16............. The Fiscal Year 2020 HHS March 12, 2019.
Budget (Subcommittee on
Health).
116-17............. Lowering the Cost of March 13, 2019.
Prescription Drugs:
Reducing Barriers to
Market Competition
(Subcommittee on Health).
116-18............. Mismanaging Chemical Risks: March 13, 2019.
EPA's Failure to Protect
Workers (Subcommittee on
Environment and Climate
Change).
116-21............. Priced Out of a Lifesaving April 2, 2019.
Drug: The Human Impact of
Rising Insulin Costs
(Subcommittee on Oversight
and Investigations).
116-22............. The Fiscal Year 2020 EPA April 9, 2019.
Budget (Subcommittee on
Environment and Climate
Change).
116-25............. Priced Out of a Lifesaving April 10, 2019.
Drug: Getting Answers on
the Rising Cost of Insulin
(Subcommittee on Oversight
and Investigations).
116-27............. Prescription Drug Coverage April 30, 2019.
in the Medicare Program
(Subcommittee on Health).
116-28............. The State of Pipeline May 1, 2019.
Safety and Security in
America (Subcommittee on
Energy).
116-29............. DOE's Mounting Cleanup May 1, 2019.
Costs: Billions in
Environmental Liability
and Growing (Subcommittee
on Oversight and
Investigation).
116-31............. Oversight of the Federal May 8, 2019.
Trade Commission:
Strengthening Protections
for Americans' Privacy and
Data Security
(Subcommittee on Consumer
Protection and Commerce).
116-32............. Lowering Prescription Drug May 9, 2019.
Prices: Deconstructing the
Drug Supply Chain
(Subcommittee on Health).
116-33............. The Fiscal Year 2020 DOE May 9, 2019.
Budget (Subcommittee on
Energy).
116-34............. Accountability and May 15, 2019.
Oversight of the Federal
Communications Commission
(Subcommittee on
Communications and
Technology).
116-35............. Protecting Americans at May 15, 2019.
Risk of PFAS Contamination
and Exposure (Subcommittee
on Environment and Climate
Change).
116-36............. Undermining Mercury May 21, 2019.
Protections: EPA Endangers
Human Health and the
Environment (Subcommittee
on Oversight and
Investigations).
116-37............. Improving Drug Pricing May 21, 2019.
Transparency and Lowering
Prices for American
Consumers (Subcommittee on
Health).
116-42............. Critical Mission: Former June 11, 2019.
Administrators Address the
Direction of the EPA
(Subcommittee on Oversight
and Investigations).
116-44............. Oversight of FERC: Ensuring June 12, 2019.
Its Actions Benefit
Consumers and the
Environment (Subcommittee
on Energy).
116-48............. Legislative Solutions to June 19, 2019.
Make Our Nation's
Pipelines Safer
(Subcommittee on Energy).
116-49............. Driving in Reverse: The June 20, 2019.
Administration's Rollback
of Fuel Economy and Clean
Car Standards
(Subcommittee on Consumer
Protection and Commerce
and the Subcommittee on
Environment and Climate
Change).
116-52............. Keeping The Lights On: July 12, 2019.
Addressing Cyber Threats
To The Grid (Subcommittee
on Energy).
116-54............. Our Wireless Future: July 16, 2019.
Building A Comprehensive
Approach to Spectrum
Policy (Subcommittee on
Communications and
Technology).
116-55............. Building America's Clean July 24, 2019.
Future: Pathways to
Decarbonize the Economy
(Subcommittee on
Environment and Climate
Change).
116-59............. Protecting and Securing September 11, 2019.
Chemical Facilities from
Terrorist Attacks
(Subcommittee on
Environment and Climate
Change).
116-62............. Protecting Unaccompanied September 19, 2019.
Children: The Ongoing
Impact of the Trump
Administration's Cruel
Policies (Subcommittee on
Oversight and
Investigations).
116-63............. Profits Over Consumers: September 19, 2019.
Exposing How
Pharmaceutical Companies
Game the System (Consumer
Protection and Commerce).
116-67............. Legislating to Secure September 27, 2019.
America's Wireless Future
(Subcommittee on
Communications and
Technology).
116-69............. Fostering a Healthier October 16, 2019.
Internet to Protect
Consumers (Subcommittee on
Communications and
Technology and the
Subcommittee on Consumer
Protection and Commerce).
116-71............. Sabotage: The Trump October 23, 2019.
Administration's Attack on
Health Care (Subcommittee
on Oversight and
Investigations).
116-74............. Protecting the RFS: The October 29, 2019.
Trump Administration's
Abuse of Secret Waivers
(Subcommittee on
Environment and Climate
Change).
116-76............. Safeguarding Pharmaceutical October 30, 2019.
Supply Chains in a Global
Economy (Subcommittee on
Health).
116-77............. Building a 100 Percent October 30, 2019.
Clean Economy: Solutions
for the U.S. Power Sector
(Subcommittee on Energy).
116-80............. Flu Season: U.S. Public December 4, 2019.
Health Preparedness and
Response (Subcommittee on
Oversight and
Investigations).
116-81............. Accountability and December 5, 2019.
Oversight of the Federal
Communications Commission
(Subcommittee on
Communications and
Technology).
116-82............. Building a 100 Percent December 5, 2019.
Clean Economy: Solutions
for Economy-Wide Deep
Decarbonization
(Subcommittee on
Environment and Climate
Change).
116-83............. Securing the U.S. Drug December 10, 2019.
Supply Chain: Oversight of
FDA's Foreign Inspection
Program (Subcommittee on
Health).
116-86............. Americans at Risk: January 8, 2020.
Manipulation and Deception
in the Digital Age
(Subcommittee on
Environment and Climate
Change).
116-91............. Out of Control: The Impact January 28, 2020.
of Wildfires on our Power
Sector andthe Environment
(Subcommittee on
Environment and Climate
Change).
116-94............. Empowering and Connecting January 29, 2020.
Communities through
Digital Equity and
Internet Adoption
(Subcommittee on
Communications).
116-95............. Modernizing the Natural Gas February 5, 2020.
Act to Ensure it Works for
Everyone (Subcommittee on
Energy).
116-99............. EPA's Lead and Copper February 11, 2020.
Proposal: Falling Short of
Protecting Public Health
(Subcommittee on
Environment and Climate
Change).
116-103............ The Fiscal Year 2021 HHS February 26, 2020.
Budget and Oversight of
the Coronavirus Outbreak
(Subcommittee on Health).
116-104............ The Fiscal Year 2021 February 27, 2020.
Environmental Protection
Agency Budget
(Subcommittee on
Environment and Climate
Change).
116-105............ Strengthening February 27, 2020.
Communications Networks to
Help Americans in Crisis
(Subcommittee on
Communications and
Technology).
116-110............ Protecting Scientific May 14, 2020.
Integrity in the COVID-19
Response (Subcommittee on
Health).
116-112............ Pollution and Pandemics: June 9, 2020.
COVID-19's
Disproportionate Impact on
Environmental Justice
Communities (Subcommittee
on Environment and Climate
Change).
116-113............ Reviving our Economy: COVID- June 16, 2020.
19's Impact on the Energy
Sector (Subcommittee on
Energy).
116-114............ Health Care Inequality: June 17, 2020.
Confronting Racial and
Ethnic Disparities in
COVID-19 and the Health
Care System (Subcommittee
on Health).
116-115............ Oversight of the Trump June 23, 2020.
Administration's Response
to the COVID-19 Pandemic
(Full Committee).
116-116............ A Country in Crisis: How June 24, 2020.
Disinformation Online is
Dividing the Nation
(Subcommittee on Consumer
Protection and Commerce).
116-118............ Addressing the Urgent Needs July 8, 2020.
of Our Tribal Communities
(Full Committee).
116-120............ Oversight of DOE During the July 14, 2020.
COVID-19 Pandemic
(Subcommittee on Energy).
116-121............ Pathway to a Vaccine: July 21, 2020.
Efforts to Develop a Safe,
Effective and Accessible
COVID-19 Vaccine
(Subcommittee on Oversight
and Investigations).
116-122............ There's Something in the July 28, 2020.
Water: Reforming Our
Nation's Drinking Water
Standards (Subcommittee on
Environment and Climate
Change).
116-123............ Improving Access to Care: July 29, 2020.
Legislation to Reauthorize
Key Public Health Programs
(Subcommittee on Health).
116-124............ Building a 100 Percent September 16, 2020.
Clean Economy:
Opportunities for an
Equitable, Low-Carbon
Recovery (Subcommittee on
Environment and Climate
Change).
116-125............ Trump FCC: Four Years of September 17, 2020.
Lost Opportunities
(Subcommittee on
Communications and
Technology).
116-127............ Mainstreaming Extremism: September 24, 2020.
Social Media's Role in
Radicalizing America
(Subcommittee on
Communications and
Technology).
116-128............ Pathway to a Vaccine: September 30, 2020.
Ensuring a Safe and
Effective Vaccine People
Will Trust (Subcommittee
on Oversight and
Investigations).
116-129............ Generating Equity: October 1, 2020.
Improving Clean Energy
Access and Affordability
(Subcommittee on Energy).
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