[House Report 117-702]
[From the U.S. Government Publishing Office]
Union Calendar No. 518
117th Congress, 2d Session - - - - - - - - - - - - House Report 117-702
ACTIVITY REPORT
of the
COMMITTEE ON ENERGY AND COMMERCE
of the
HOUSE OF REPRESENTATIVES
for the
ONE HUNDRED SEVENTEENTH CONGRESS
January 2, 2023.--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. 518
117th Congress, 2d Session - - - - - - - - - - - - House Report 117-702
ACTIVITY REPORT
of the
COMMITTEE ON ENERGY AND COMMERCE
of the
HOUSE OF REPRESENTATIVES
for the
ONE HUNDRED SEVENTEENTH CONGRESS
January 2, 2023.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
50-197 WASHINGTON : 2023
THE COMMITTEE ON ENERGY AND COMMERCE
ONE HUNDRED SEVENTEENTH CONGRESS
(Ratio 32-26)
FRANK PALLONE, Jr., New Jersey, Chairman
BOBBY L. RUSH, Illinois CATHY McMORRIS RODGERS,
ANNA G. ESHOO, California Washington, Ranking Member
DIANA DeGETTE, Colorado FRED UPTON, Michigan
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 BRETT GUTHRIE, Kentucky
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
PAUL TONKO, New York BILL JOHNSON, Ohio
YVETTE D. CLARKE, New York, Vice BILLY LONG, Missouri
Chair LARRY BUCSHON, Indiana
KURT SCHRADER, Oregon 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 GARY J. PALMER, Alabama
ANN M. KUSTER, New Hampshire NEAL P. DUNN, Florida
ROBIN L. KELLY, Illinois JOHN R. CURTIS, Utah
NANETTE DIAZ BARRAGAN, California DEBBIE LESKO, Arizona
A. DONALD McEACHIN, Virginia GREG PENCE, Indiana
LISA BLUNT ROCHESTER, Delaware DAN CRENSHAW, Texas
DARREN SOTO, Florida JOHN JOYCE, Pennsylvania
TOM O'HALLERAN, Arizona KELLY ARMSTRONG, North Dakota
KATHLEEN M. RICE, New York
ANGIE CRAIG, Minnesota
KIM SCHRIER, Washington
LORI TRAHAN, Massachusetts
LIZZE FLETCHER, Texas
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, January 2, 2023.
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 117th 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.............. 21
Statistical Summary of Committee Activities.................. 21
Legislative and Oversight Summary and Accomplishments............ 22
Full Committee............................................... 26
Subcommittee on Consumer Protection and Commerce............. 31
Subcommittee on Communications and Technology................ 89
Subcommittee on Energy....................................... 131
Subcommittee on Environment and Climate Change............... 157
Subcommittee on Health....................................... 189
Subcommittee on Oversight and Investigations................. 261
Appendix I--117th Congress Oversight Plan........................ 267
Appendix II--Public Laws......................................... 281
Appendix III-- Printed Hearings.................................. 282
Appendix IV-- Hearings Held Pursuant to Clauses 2(n), (o), or (p)
of Rules XI.................................................... 284
[COMMITTEE PRINT]
Union Calendar No. 518
117th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 117-702
======================================================================
ACTIVITY REPORT OF THE COMMITTEE ON ENERGY AND COMMERCE OF THE HOUSE OF
REPRESENTATIVES FOR THE ONE HUNDRED SEVENTEENTH CONGRESS
_______
January 2, 2023.--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, 117th Congress
(Adopted January 28, 2021)
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 chair 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 chair 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 chair.
(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 chair 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
chair. Each witness shall limit his or her oral presentation to
a brief summary of the argument. The chair 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 contracts 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 chair
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 chair, 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 chair 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 chair 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 chair 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 chair 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 Chair; Presiding Member
The chair shall designate a member of the majority party to
serve as vice chair of the Committee, and shall designate a
majority member of each subcommittee to serve as vice chair of
each subcommittee. The vice chair of the Committee or
subcommittee, as the case may be, shall preside at any meeting
or hearing during the temporary absence of the chair. If the
chair and vice chair 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 chair 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 chair 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
chair 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 chairs shall set hearing and meeting dates only
with the approval of the chair 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 chair
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 chair 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 chair 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 chair and ranking
minority member of the subcommittee shall be limited to 5
minutes each for an opening statement. In addition, the full
committee chair 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 chair and ranking
minority member (or their respective designee) of the Committee
or subcommittee, as applicable, and 3 minutes each for all
other members. The chair 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: (1) action is taken by the full Committee
within those two weeks, or (2) by majority vote of the members
of the Committee, consideration is to be by the full Committee.
In the case of legislation or other matters within the
jurisdiction of more than one subcommittee, the chair 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 chair, 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 chair, 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 chair 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 chair 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 chairs and with the approval of the subcommittee
chair or chairs 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 chair 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 chair 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 chair of the Committee considers advisable.
(d) Sufficient Staff. The chair 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 chair 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 chair 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 chair or chairs, 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 chair who,
in consultation with the chair 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 117th 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 chair of the Committee, the
subcommittee chair, 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 chair 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 chair shall notify the ranking minority
member prior to issuing any subpoena under such authority. To
the extent practicable, the chair shall consult with the
ranking minority member at least 72 hours in advance of a
subpoena being issued under such authority. The chair 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 chair. Travel may be
authorized by the chair 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 chair 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 members for the purpose set out in (a), the prior
approval, not only of the chair but also of the ranking
minority member, shall be required. Such prior authorization
shall be given by the chair 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 chair 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 chair of the Committee is directed to offer a motion
under clause 1 of rule XXII of the Rules of the House whenever
the chair considers it appropriate.
Membership and Organization
ONE HUNDRED SEVENTEENTH CONGRESS
COMMITTEE ON ENERGY AND COMMERCE
ONE HUNDRED SEVENTEENTH CONGRESS
(Ratio 32-26)
FRANK PALLONE, Jr., New Jersey,
Chairman
CATHY McMORRIS RODGERS, Washington, BOBBY L. RUSH, Illinois
Ranking Member ANNA G. ESHOO, California
FRED UPTON, Michigan DIANA DeGETTE, Colorado
MICHAEL C. BURGESS, Texas MICHAEL F. DOYLE, Pennsylvania
STEVE SCALISE, Louisiana JANICE D. SCHAKOWSKY, Illinois
ROBERT E. LATTA, Ohio G. K. BUTTERFIELD, North Carolina
BRETT GUTHRIE, Kentucky DORIS O. MATSUI, California
DAVID B. McKINLEY, West Virginia KATHY CASTOR, Florida
ADAM KINZINGER, Illinois JOHN P. SARBANES, Maryland
H. MORGAN GRIFFITH, Virginia JERRY McNERNEY, California
GUS M. BILIRAKIS, Florida PETER WELCH, Vermont
BILL JOHNSON, Ohio PAUL TONKO, New York
BILLY LONG, Missouri YVETTE D. CLARKE, New York
LARRY BUCSHON, Indiana KURT SCHRADER, Oregon
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
GARY J. PALMER, Alabama ANN M. KUSTER, New Hampshire
NEAL P. DUNN, Florida ROBIN L. KELLY, Illinois, Vice
JOHN R. CURTIS, Utah Chair
DEBBIE LESKO, Arizona NANETTE DIAZ BARRAGAN, California
GREG PENCE, Indiana A. DONALD McEACHIN, Virginia
DAN CRENSHAW, Texas LISA BLUNT ROCHESTER, Delaware
JOHN JOYCE, Pennsylvania DARREN SOTO, Florida
KELLY ARMSTRONG, North Dakota TOM O'HALLERAN, Arizona
KATHLEEN M. RICE, New York
ANGIE CRAIG, Minnesota
KIM SCHRIER, Washington
LORI TRAHAN, Massachusetts
LIZZE FLETCHER, Texas
Subcommittee Memberships and Jurisdiction
Subcommittee On Communications and Technology
(Ratio 18-14)
MICHAEL F. DOYLE, Pennsylvania,
Chairman
ROBERT E. LATTA, Ohio, JERRY McNERNEY, California
Ranking Member YVETTE D. CLARKE, New York
STEVE SCALISE, Louisiana MARC A. VEASEY, Texas
BRETT GUTHRIE, Kentucky A. DONALD McEACHIN, Virginia
ADAM KINZINGER, Illinois DARREN SOTO, Florida
GUS M. BILIRAKIS, Florida TOM O'HALLERAN, Arizona
BILL JOHNSON, Ohio KATHLEEN M. RICE, New York
BILLY LONG, Missouri ANNA G. ESHOO, California
RICHARD HUDSON, North Carolina G. K. BUTTERFIELD, North Carolina
MARKWAYNE MULLIN, Oklahoma DORIS O. MATSUI, California, Vice
TIM WALBERG, Michigan Chair
EARL L. ``BUDDY'' CARTER, Georgia PETER WELCH, Vermont
JEFF DUNCAN, South Carolina KURT SCHRADER, Oregon
JOHN CURTIS, Utah TONY CARDENAS, California
CATHY McMORRIS RODGERS, Washington ROBIN L. KELLY, Illinois
(Ex Officio) ANGIE CRAIG, Minnesota
LIZZIE FLETCHER, Texas
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
GUS M. BILIRAKIS, Florida, BOBBY L. RUSH, Illinois
Ranking Member KATHY CASTOR, Florida
FRED UPTON, Michigan LORI TRAHAN, Massachusetts
ROBERT E. LATTA, Ohio JERRY McNERNEY, California
BRETT GUTHRIE, Kentucky YVETTE D. CLARKE, New York
LARRY BUCSHON, Indiana TONY CARDENAS, California, Vice
NEAL DUNN, Florida Chair
DEBBIE LESKO, Arizona DEBBIE DINGELL, Michigan
GREG PENCE, Indiana ROBIN L. KELLY, Illinois
KELLY ARMSTRONG, North Dakota DARREN SOTO, Florida
CATHY McMORRIS RODGERS, Washington KATHLEEN M. RICE, New York
(Ex Officio) ANGIE CRAIG, Minnesota
LIZZE FLETCHER, Texas
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 19-15)
BOBBY L. RUSH, Illinois, Chairman
FRED UPTON, Michigan, Ranking Member SCOTT H. PETERS, California
MICHAEL C. BURGESS, Texas MICHAEL F. DOYLE, Pennsylvania
ROBERT E. LATTA, Ohio JERRY McNERNEY, California, Vice
DAVID B. McKINLEY, West Virginia Chair
ADAM KINZINGER, Illinois PAUL TONKO, New York
H. MORGAN GRIFFITH, Virginia MARC A. VEASEY, Texas
BILL JOHNSON, Ohio KIM SCHRIER, Washington
LARRY BUCSHON, Indiana DIANA DeGETTE, Colorado
TIM WALBERG, Michigan G. K. BUTTERFIELD, North Carolina
JEFF DUNCAN, South Carolina DORIS O. MATSUI, California
GARY PALMER, Alabama KATHY CASTOR, Florida
DEBBIE LESKO, Arizona PETER WELCH, Vermont
GREG PENCE, Indiana ANN M. KUSTER, New Hampshire
KELLY ARMSTRONG, North Dakota NANETTE DIAZ BARRAGAN, California
CATHY McMORRIS RODGERS, Washington A. DONALD McEACHIN, Virginia
(Ex Officio) LISA BLUNT ROCHESTER, Delaware
TOM O'HALLERAN, Arizona
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
DAVID B. McKINLEY, West Virginia, Ranking MemberTE, Colorado
BILL JOHNSON, Ohio JANICE D. SCHAKOWSKY, Illinois
MARKWAYNE MULLIN, Oklahoma JOHN P. SARBANES, Maryland
RICHARD HUDSON, North Carolina YVETTE D. CLARKE, New York
EARL L. ``BUDDY'' CARTER, Georgia RAUL RUIZ, California, Vice Chair
JEFF DUNCAN, South Carolina SCOTT PETERS, California
GARY PALMER, Alabama DEBBIE DINGELL, Michigan
JOHN CURTIS, Utah NANETTE DIAZ BARRAGAN, California
DAN CRENSHAW, Texas A. DONALD McEACHIN, Virginia
CATHY McMORRIS RODGERS, Washington LISA BLUNT ROCHESTER, Delaware
(Ex Officio) DARREN SOTO, Florida
TOM O'HALLERAN, Arizona
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 19-15)
ANNA G. ESHOO, California,
Chairwoman
BRETT GUTHRIE, Kentucky, G. K. BUTTERFIELD, North Carolina
Ranking Member DORIS O. MATSUI, California
FRED UPTON, Michigan KATHY CASTOR, Florida
MICHAEL C. BURGESS, Texas JOHN P. SARBANES, Maryland, Vice
H. MORGAN GRIFFITH, Virginia Chair
GUS M. BILIRAKIS, Florida PETER WELCH, Vermont
BILLY LONG, Missouri KURT SCHRADER, Oregon
LARRY BUCSHON, Indiana TONY CARDENAS, California
MARKWAYNE MULLIN, Oklahoma RAUL RUIZ, California
RICHARD HUDSON, North Carolina DEBBIE DINGELL, Michigan
EARL L. ``BUDDY'' CARTER, Georgia ANN M. KUSTER, New Hampshire
NEAL DUNN, Florida ROBIN L. KELLY, Illinois
JOHN CURTIS, Utah NANETTE DIAZ BARRAGAN, California
DAN CRENSHAW, Texas LISA BLUNT ROCHESTER, Delaware
JOHN JOYCE, Pennsylvania ANGIE CRAIG, Minnesota
CATHY McMORRIS RODGERS, Washington (Ex Officio)R, Washington
LORI TRAHAN, Massachusetts
LIZZE FLETCHER, Texas
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
H. MORGAN GRIFFITH, Virginia, ANN M. KUSTER, New Hampshire
Ranking Member KATHLEEN M. RICE, New York
MICHAEL C. BURGESS, Texas JANICE D. SCHAKOWSKY, Illinois
DAVID B. McKINLEY, West Virginia PAUL TONKO, New York
BILLY LONG, Missouri RAUL RUIZ, California
NEAL DUNN, Florida SCOTT H. PETERS, California, Vice
JOHN JOYCE, Pennsylvania Chair
GARY PALMER, Alabama KIM SCHRIER, Washington
CATHY McMORRIS RODGERS, Washington (Ex Officio)N, Massachusetts
TOM O'HALLERAN, Arizona
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
Tiffany Guarascio, Staff Director
Jeff Carroll, Staff Director
Waverly L. Gordon, Deputy Staff
Director and General Counsel
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
Timothy R. Robinson, Chief Counsel
Chloe V. Rodriguez, Clerk
Perry H. Hamilton, Clerk
William C. Benjamin, Systems
Administrator
Elizabeth B. Ertel, Committee
Administrator
Zachary L. Kahan, Deputy Director
of Outreach and Member Services
Coordinator
Elysa A. Montfort, Press Secretary
Kaitlyn D. Peel, Digital Director
Mackenzie Kuhl, Digital Assistant
Lino Pena-Martinez, Policy
Analyst, Energy
Edward L. Walker, Technology
Director
Jessica Grandberry, Staff
Assistant
Fabrizio Herrera, Staff Assistant
Hannah F. Anton, Staff Assistant
Gregory B. Pugh, Staff Assistant
Kylea Rogers, Policy Analyst,
Environment and Climate Change
Caroline E. Wood, Research
Analyst, Oversight and
Investigations
CJ Young, Deputy Communications
Director
Alivia Roberts, Deputy Press
Assistant
Caroline Rinker, Press Assistant
James Johnson, Policy Coordinator
Timia Crisp, Professional Staff
Member
Shana Beavin, Professional Staff
Member
Adam S. Fischer, Professional
Staff Member
Anthony J. Gutierrez, Professional
Staff Member
Caitlin Haberman, Professional
Staff Member
Jacqueline Cohen, Chief Counsel,
Environment and Climate Change
Brendan Larkin, Policy
Coordinator, Environment and
Climate Change
Medha Surampudy, Professional
Staff Member
Rebecca J. Tomilchik, Professional
Staff Member, Environment and
Climate Change
J. Tuley Wright, Senior Energy and
Environment Policy Advisor
Jesseca L. Boyer, Professional
Staff Member, Oversight and
Investigations
Kevin Barstow, Chief Counsel,
Oversight and Investigations
Rebekah Jones, Counsel, Oversight
and Investigations
Mohammad Aslami, Counsel,
Oversight and Investigations
Manmeet Dhindsa, Counsel,
Oversight and Investigations
Peter Rechter, Counsel, Oversight
and Investigations
Judy Harvey, Counsel, Oversight
and Investigations
Jon Monger, Counsel, Oversight and
Investigations
Harry Samuels, Counsel, Oversight
and Investigations
Will McAuliffe, Counsel, Oversight
and Investigations
Kevin McAloon, Professional Staff
Member
Austin J. Flack, Junior
Professional Staff Member
Benjamin Tabor, Junior
Professional Staff Member
Nikki Roy, Policy Coordinator,
Oversight and Investigations
Jacquelyn L. Bolen, Health Counsel
Stephen M. Holland, Senior Health
Counsel
Saha Khaterzai, Professional Staff
Member
Kimberly Espinosa, Professional
Staff Member
Juan Negrete, Professional Staff
Member
Joe Banez, Professional Staff
Member
Aisling E. McDonough, Policy
Coordinator, Health
Meghan K. Mullon, Policy Analyst,
Health
Lydia Abma, Policy Analyst, Health
Samantha N. Satchell, Professional
Staff Member
Richard A. Van Buren, Senior
Health Counsel
Jennifer L. Epperson, Senior
Counsel
Alex Hoehn-Saric, Chief Counsel,
Communications and Consumer
Protection
Gerald B. Leverich III, Chief
Counsel, Communications and
Technology
AJ Brown, Counsel, Communications
and Technology
Johanna Thomas, Counsel,
Communications and Technology
Daniel A. Miller, Professional
Staff Member
Hank Kilgore, Policy Coordinator,
Communications and Technology
Philip Murphy, Policy Coordinator,
Communications and Technology
Joseph S. Orlando, Policy Analyst,
Communications and Technology
Elisa R. Goldman, Senior Counsel
Michele Viterise, Counsel,
Consumer Protection and Commerce
Daniel M. Greene, Professional
Staff Member
Anna Yu, Professional Staff Member
Sydney L. Terry, Policy
Coordinator, Consumer Protection
and Commerce
Katherine Durkin, Policy
Coordinator, Consumer Protection
and Commerce
Edward M. Kaczmarski, Policy
Analyst, Consumer Protection and
Commerce
David Miller, Counsel, Consumer
Protection and Commerce
Tyler O'Connor, Counsel, Energy
Dustin Maghamfar, Counsel, Air and
Climate
Kris Pittard, Policy Coordinator,
Energy
Jourdan Lewis, Policy Coordinator,
Energy
Government Detailees
Wayne Laufert, Government
Publishing Office
Patricia Mangrum, Government
Publishing Office
Emily Ryan, Government
Accountability Office
Liz Johns, Government
Accountability Office
Megan Howard, Food and Drug
Administration
Parul Desai, Federal
Communications Commission
Michael Scurato, Federal
Communications Commission
Elisabeth Olson, Federal Energy
Regulatory Commission
Catherine Giljohann, Federal
Energy Regulatory Commission
Anne Marie Hirschberger, Federal
Energy Regulatory Commission
Vincent Amatrudo, Food and Drug
Administration
Ian Barlow, Federal Trade
Commission
Minority Committee Staff
Nate Hodson, Staff Director
Sarah Burke, Deputy Staff Director
Peter Kielty, General Counsel
Michael Taggart, Policy Director
Olivia Shields, Director of
Communications
Alexander Aramanda, Professional
Staff Member
Katelyn Arey, Content Manager &
Digital Assistant
Sean Brebbia, Chief Counsel,
Oversight and Investigations
Anudeep Buddharaju, Senior
Counsel, Oversight and
Investigations
Michael Cameron, Policy Analyst
Gerald Couri III, Deputy Chief
Counsel For Environment
Seth Gold, Professional Staff
Member
Grace Graham, Chief Counsel,
Health
Jack Heretik, Press Secretary
Noah Jackson, Staff Assistant
Sean Kelly, Press Secretary
Emily King, Member Services
Director
Christopher Krepich, Press
Secretary
Timothy Kurth, Chief Counsel,
Consumer Protection and Commerce
Mary Martin, Chief Counsel, Energy
and Environment
Brandon Mooney, Deputy Chief
Counsel, Energy
Catherine O'Connor, Chief Counsel,
Communications and Technology
Theresa Neal, Financial and Office
Administrator
Clare M. Paoletta, Policy Analyst
Brannon Rains, Professional Staff
Member
Mark Ratner, Policy Coordinator
Kristin Seum, Counsel
Alan Slobodin, Chief Investigative
Counsel
Peter Spencer, Senior Professional
Staff Member
Evan Viau, Professional Staff
Member
Dray Thorne, Director of
Information Technology
Government Detailees
David Brodian, Department of
Commerce
Diane Cutler, Department of Health
and Human Services, Office of the
Inspector General
Arielle Roth, Federal
Communications Commission
COMMITTEE ORGANIZATION AND HISTORICAL NOTES
Committee Organization
The Committee on Energy and Commerce organized on January
28, 2021, the Honorable Frank Pallone, Jr. (D-NJ), presiding.
The size of the full Committee increased from the 116th
Congress, bringing the total number of members on the Committee
to 58 (32 Democrats and 26 Republicans). Thirteen members were
new to the Committee: Representatives Rice of New York, Craig
of Minnesota, Schrier of Washington, Trahan of Massachusetts,
Fletcher of Texas, Palmer of Alabama, Dunn of Florida, Curtis
of Utah, Lesko of Arizona, Pence of Indiana, Crenshaw of Texas,
Joyce of Pennsylvania, and Armstrong of North Dakota.
Representative Robin Kelly of Illinois was designated as Vice
Chair for the full Committee for the 117th Congress.
In the 117th Congress, there were no changes in the
Committee membership following its organization.
During the January 28, 2021, organizational meeting, the
Committee adopted the Rules of the Committee for the 117th
Congress. The subcommittee jurisdictions, ratios, and
memberships were approved, as well. While the jurisdiction of
the subcommittees remained the same as in the 116th Congress,
three subcommittee ratios were changed: Subcommittee on
Communications and Technology (Ratio: 18-14); the Subcommittee
on Energy (Ratio: 19-15); and the Subcommittee on Health
(Ratio: 19-15). 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, Chair
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 of California, Chairwoman
John P. Sarbanes of Maryland, Vice Chair
Subcommittee on Oversight and Investigations
Dianna DeGette of Colorado, Chair
Scott Peters of California, Vice Chair
As the 117th Congress concludes, 14 committee members will
not return for the next congress. Among those leaving the House
at the end of this Congress is Representative Fred Upton (R-
MI), who served as Chairman of the full Committee from 2010 to
2016. Representative Upton was first elected to Congress in
1986 and has served 30 years as a Member of this Committee,
most recently as Ranking Member of the Subcommittee on Energy.
Representative Upton announced his plan to retire at the end of
the 117th Congress in April 2022.
Representative Bobby L. Rush (D-IL), who currently serves
as the Chairman of the Subcommittee on Energy, is also retiring
at the end of the 117th Congress. Representative Rush was first
elected to Congress in 1992 and has served 28 years as a Member
of this Committee. Representative Rush announced his plan to
retire in January 2022.
Also leaving the Committee and Congress is Representative
Michael F. Doyle (D-PA), who currently serves as the Chairman
of the Subcommittee on Communications and Technology.
Representative Doyle was first elected to Congress in 1995 and
has served 20 years as a Member of this Committee.
Representative Doyle announced his plan to retire in October
2021.
Representative David B. McKinley (R-WV), who currently
serves as the Ranking Member of the Environment and Climate
Change Subcommittee, will also leave the House at the end of
this Congress. He was first elected to Congress in 2012 and has
served 12 years as a Member of this Committee.
The other Members not returning to the House are
Representative G.K. Butterfield (D-NC), Representative Jerry
McNerney (D-CA), Representative Peter Welch (D-VT),
Representative Kurt Schrader (D-OR), Representative A. Donald
McEachin (D-VA), Representative Tom O'Halleran (D-AZ),
Representative Kathleen M. Rice (D-NY), Representative Adam
Kinzinger (R-IL), Representative Billy Long (R-MO), and
Representative Markwayne Mullin (R-OK).
Historical Notes
A. Donald McEachin (1961-2022)
Representative McEachin, a Member of the Committee since
2019, passed away on November 28, 2022, from the secondary
effects of colorectal cancer. He represented Richmond and a
southeastern portion of Virginia in Congress from 2017 until
his passing.
Legislative and Oversight Activity of the Committee
Statistical Summary of Committee Activities
Total Bills and Resolutions Referred to Committee................2,515*
Public Laws...................................................... 26
Bills and Resolutions Reported to the House...................... 75
Hearings Held:
Days of Hearings............................................. 97
Full Committee........................................... 2
Subcommittee on Consumer Protection and Commerce......... 16
Subcommittee on Communications and Technology............ 12
Subcommittee on Energy................................... 15
Subcommittee on Environment and Climate Change........... 13
Subcommittee on Health................................... 21
Subcommittee on Oversight and Investigations............. 18
Hours of Sitting.............................................317:38
Full Committee........................................... 5:53
Subcommittee on Consumer Protection and Commerce......... 48:50
Subcommittee on Communications and Technology............ 42:21
Subcommittee on Energy................................... 52:45
Subcommittee on Environment and Climate Change........... 33:53
Subcommittee on Health................................... 82:03
Subcommittee on Oversight and Investigations............. 51:53
Legislative Markups:
Days of Markups.............................................. 23
Full Committee........................................... 11
Subcommittee on Consumer Protection and Commerce......... 2
Subcommittee on Communications and Technology............ 2
Subcommittee on Energy................................... 0
Subcommittee on Environment and Climate Change........... 1
Subcommittee on Health................................... 4
Hours of Sitting.............................................118:51
Full Committee........................................... 96:55
Subcommittee on Consumer Protection and Commerce......... 05:03
Subcommittee on Communications and Technology............ 02:07
Subcommittee on Energy................................... 0
Subcommittee on Environment and Climate Change................... 02:40
Subcommittee on Health................................... 12:06
Business Meetings:
Days of Meetings............................................. 1
Full Committee........................................... 1
Subcommittee on Oversight and Investigations............. 0
Hours of Sitting............................................. 01:10
Full Committee........................................... 01:10
Subcommittee on Oversight and Investigations............. 0
*As of December 29, 2022 (H.R. 9695)
LEGISLATIVE AND OVERSIGHT ACTIVITY OF THE COMMITTEE
Summary
The Energy and Commerce Committee and its six subcommittees
were extremely active during the 117th Congress, delivering
historic achievements for the American people. Of the 2,515
bills referred to the Committee, 26 measures became law as a
result of the Committee's work. The full Committee and its
subcommittees held a combined total of 97 hearings and 20
markups.
As the country fought to recover from the unprecedented
public health crisis of the coronavirus disease of 2019 (COVID-
19) pandemic, the Committee worked expeditiously to enact laws
that provided relief to working families and help contain the
pandemic. The Committee also worked to modernize our nation's
crumbling infrastructure, lower health care and prescription
drug costs, make unprecedented investments in climate action,
tackle rising inflation, and boost American manufacturing and
competitiveness:
The American Rescue Plan provided the tools
and resources necessary to crush the COVID-19 pandemic
by ramping up distribution and administration of
lifesaving vaccines and implementing a national testing
strategy that helped track and contain the virus. The
law also provided relief to struggling families by
expanding access to affordable health care coverage,
providing $5 billion to help keep Americans' lights on
throughout the pandemic, and expanding internet
connectivity to students and teachers without home
internet access;
The Inflation Reduction Act is the single-
largest investment in climate action in American
history that will allow us to meet our aggressive
climate goals, create nine million new jobs in the
clean energy industry, and lower energy costs for
American families by about $1,800 per year. The law
also provides critical relief to America's seniors by
empowering Medicare to negotiate lower prescription
drug prices, capping annual out-of-pocket costs for
seniors at $2,000, and penalizing companies that
unfairly hike prices.
The Bipartisan Infrastructure Law is
modernizing our crumbling infrastructure, revitalizing
our economy, creating new good paying jobs, enhancing
our economic competitiveness, and combating the
worsening climate crisis. The law is making historic
investments in the electric grid and electric vehicles,
replacing lead water service pipes and ensuring every
American's access to safe drinking water, and broadband
deployment and affordability; and
The CHIPS and Science Act is bolstering our
economy, lowering costs for consumers, creating tens of
thousands of good paying American jobs, and ending our
dangerous dependence on foreign manufacturers of
critical goods.
The Committee moved major legislation that was included in
the final fiscal year 2023 omnibus package that will:
Make permanent a state option allowing
states to continue to provide 12 months of continuous
coverage during the postpartum period in Medicaid or
the Children's Health Insurance Program (CHIP), require
children to be provided with 12 months of continuous
coverage in Medicaid and CHIP, extend funding for the
Money Follows the Person and Spousal Impoverishment
programs through fiscal year 2027, and extend funding
for CHIP for two years through fiscal year 2029;
Provide Puerto Rico with five years of
increased Medicaid funding and an enhanced federal
matching rate, and provide a permanently increased
federal matching rate to American Samoa, Guam, the U.S.
Virgin Islands and the Commonwealth of the Northern
Mariana Islands, providing long-term stability and
access to health insurance to low-income individuals in
the territories;
Strengthen the Food and Drug
Administration's (FDA) ability to regulate the safety
of cosmetics and personal care products;
Modernize and strengthen FDA's ability to
oversee drugs that are approved through the accelerated
approval pathway and require FDA to take a series of
actions intended to modernize and improve clinical
trials, including increasing the diversity and
engagement of trial participants;
Strengthen, expand, and establish more than
30 critical programs that collectively support mental
health care and substance use disorder prevention,
care, treatment, peer support, and recovery support
services;
Expand patient access to opioid addiction
treatment by making it easier for health care providers
to dispense buprenorphine for opioid use disorder
maintenance or detoxification treatment;
Provide important new authorities for
improving the Strategic National Stockpile to ensure
critical pandemic supplies are operational, resilient,
and ready to deploy in times of need;
Establish the Advanced Research Projects
Agency--Health (ARPA H), an advanced research entity
that will accelerate innovation in health and medicine
by investing in novel, broadly applicable, high-risk,
high-reward research projects;
Curb the onslaught of counterfeit,
defective, and unsafe products available to Americans
shopping on third-party e-commerce sites;
Keep dangerous furniture products that can
tip over on small children off the market and out of
our homes; and
Enhance our nation's manufacturing industry
to promote America's global economic competitiveness
and support our domestic travel and tourism industries.
Key accomplishments also included advancing other
legislation through the Committee that was enacted into law,
including legislation that will:
Restore commonsense methane pollution
standards that had been gutted by the Trump
Administration;
Reauthorize life-saving transplant programs
to help patients suffering from blood cancers,
disorders, and diseases;
Prevent misconduct and diversion of
controlled substances, including opioids;
Make communications devices more secure and
protected from national security risks;
Provide funding to help find effective cures
and treatments for amyotrophic lateral sclerosis (ALS)
and other neurodegenerative diseases;
Keep dangerous baby products off the market,
providing families with the peace of mind they deserve
when purchasing new products for their newborns;
Bolster research into minority health
disparities through research endowments at former
centers of excellence;
Establish product safety standards for
button cell batteries to protect children from
ingesting them;
Reauthorize for five years the FDA's user
fee programs that help fund the agency's review of the
safety and efficacy of drugs and medical devices;
Expand much-needed research on the safety
and efficacy of marijuana products that millions of
Americans are using for medical purposes;
Protect survivors of domestic violence,
human trafficking, and other related crimes by ensuring
that phone contracts cannot be used to perpetuate abuse
when survivors and abusers share a phone contract;
Require the Federal Communications
Commission (FCC) to include maternal health outcomes in
its health data mapping tools in order to better
analyze how to prevent maternal deaths through
connectivity; and
Limit exorbitant correctional facility phone
costs so that people in jails and prisons can stay
connected with their support system--a well-documented
way to produce better outcomes and lower rates of
recidivism nationwide.
The Committee also crafted legislation through the
Committee that will:
Strengthen our nation's privacy and data
security protections and putting people back in control
of their data by creating a strong national standard
that will minimize the amount of Americans' information
companies are allowed to collect, process, and
transfer;
Restore the Federal Trade Commission's (FTC)
longstanding authorities to provide redress to
consumers who have been scammed;
Help the Department of Energy (DOE) respond
more effectively and efficiently to both physical and
cyber threats to our nation's pipeline and LNG
facilities;
Reauthorize the FCC's expiring spectrum
auction authority;
Restore the authority of the National
Telecommunications and Information Administration
(NTIA) to manage federal spectrum; and
Use certain spectrum proceeds to fund the
shortfall in the FCC's rip and replace program and to
fund Next Generation 9-1-1.
The Committee's oversight and investigative efforts were as
robust as its legislative efforts, including:
Investigating and publishing a staff report
on the approval and pricing of Biogen Inc.'s
Alzheimer's drug, Aduhelm, to understand the process by
which it was approved, how Biogen set its price, and
what impact it will have on patients, future related
treatments, Medicare, and the health care system;
Examining the impact of the Supreme Court's
decision overturning the right to abortion and the
implications for health care access for all Americans;
Holding social media platforms accountable
for the growing rise of misinformation and
disinformation;
Conducting four oversight hearings on the
availability, distribution, supply, and uptake of
COVID-19 vaccines;
Demanding answers from Big Oil executives on
their companies' roles in rising gas and energy prices;
Investigating the Texas power crisis and the
need to make our nation's electric grid more reliable
and resilient;
Exploring the Biden Administration's efforts
to care for unaccompanied children at the U.S. border;
Examining how to restore the mission of the
Environmental Protection Agency after it was seriously
undermined by the Trump Administration;
Pressing utility companies to explain high
customer shutoff rates during the COVID-19 pandemic;
Reviewing the ongoing mission, governance,
and staffing challenges at the Chemical Safety and
Hazard Investigation Board; and
Examining the infant formula shortage,
including its causes and what more must be done to
ensure access to safe formula across the nation.
FULL COMMITTEE ON ENERGY AND COMMERCE
Legislative Activities
LIFT America Act
H.R. 1848
(H.R. 425, H.R. 806, H.R. 1335, H.R. 1485, H.R. 1555, H.R. 1590, H.R.
1631, H.R. 1672, H.R. 1673, H.R. 1700, H.R. 1721, H.R. 1783, H.R. 1841,
H.R. 1879, H.R. 2308, H.R. 2309, H.R. 2721, H.R. 2818, H.R. 3568, H.R.
4663)
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.
H.R. 1848 establishes several programs and incentives to
modernize the nation's communications, drinking water, energy,
transportation, health care, and other related infrastructure.
Title II includes provisions relating to drinking water
infrastructure. More specifically, it directs the EPA to
establish a grant program for water systems affected by PFAS
contamination to pay the capital costs associated with eligible
treatment technologies. Title II also includes provisions to
extend and increase authorizations for essential drinking water
programs and authorizes $4.5 billion per year from fiscal year
2022 to 2026 to replace lead service lines with priority for
replacing lines in disadvantaged and environmental justice
communities. Title III includes provisions on clean energy
infrastructure. Finally, Title V provides $2.7 billion for
fiscal years 2022 to 2026 for EPA's Brownfields redevelopment
grants.
Title I, Subtitle A, Part 1, Section 11102 incorporates
H.R. 1783 by amending Public Law 116-260 and requiring the
Office of Internet Connectivity and Growth within NTIA to
conduct an annual report in consultation with the FCC,
Department of Agriculture (DOA), the Department of the
Treasury, and such other federal agencies as the Office of
Internet Connectivity and Growth considers appropriate. The
report shall include the number of households for which cost is
a barrier to the adoption of broadband service, the financial
circumstances of such households, whether such households are
eligible for the emergency broadband benefit, the feasibility
of providing additional federal subsidies, how to effectively
administer a program to provide additional federal subsidies,
how participation in the Lifeline program of the FCC has
changed, how competition impacts the price of broadband
service, and the extent to which the Universal Service Fund
(USF) high-cost programs have enabled access to reasonably
comparable telephony and broadband services.
Title I, Subtitle A, Part 1, Section 11103 incorporates
H.R. 1783 by authorizing $26 million in appropriations to the
Assistant Secretary for each of the fiscal years 2022 through
2026 for the operations of the Office of Internet Connectivity
and Growth.
Title I, Subtitle A, Part 1, Section 11104 incorporates
H.R. 1783 by directing the Rural Utilities Services of the DOA
with consultation from the FCC to conduct a study to assess the
extent to which federal funds for broadband service, including
the Universal Service Fund Programs and other federal broadband
support programs, have expanded access to and adoption of
broadband service by socially disadvantaged individuals as
compared to individuals who are not socially disadvantaged
individuals.
Title I, Subtitle A, Part 2, Section 11201 incorporates
H.R. 1783 and H.R. 1841 which establishes at NTIA the State
Digital Equity Capacity Grant Program, the purpose of which is
to promote the achievement of digital equity, support digital
inclusion activities, and build capacity for efforts by states
relating to the adoption of broadband service by residents of
those states. The Assistant Secretary shall make grants to
states and shall ensure that states have the capacity to
promote the achievement of digital equity and support digital
inclusion activities.
Title I, Subtitle A, Part 2, Section 11202 incorporates
H.R. 1783 by requiring the Assistant Secretary to begin
awarding grants under section 11201(d), and not before that
date, the Assistant Secretary shall establish in the Office the
Digital Equity Competitive Grant Program the purpose of which
is to award grants to support efforts to achieve digital
equity, promote digital inclusion activities, and spur greater
adoption of broadband service among covered populations.
Title I, Subtitle A, Part 2, Section 11203 incorporates
H.R. 1783 by requiring the Assistant Secretary to submit to the
appropriate committees of Congress a report regarding the
Digital Equity Competitive Grant Program and conduct
evaluations of the activities carried out under the covered
programs and outcomes of each such challenge.
Title I, Subtitle A, Part 2, Section 11204 incorporates HR.
1783 and states that no individuals on the basis of actual or
perceived race, color, religion, national origin, sex, gender
identity, sexual orientation, age, or disability, be excluded
from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity that
is funded in whole or in part with funds made available for the
Digital Equity Competitive Grant Program.
Title I, Subtitle B, Part 1, Section 12101 incorporates
H.R. 1721 and H.R. 1783 by authorizing additional
appropriations for the Emergency Broadband Benefit program at
the FCC.
Title I, Subtitle B, Part 1, Sections 12102, 12103, 12104
incorporate H.R. 1721 and H.R. 1783 by authorizing $200 million
for FY 2022, to remain available through FY 2026, for grants to
states to connect to the National Lifeline Eligibility Verifier
and encourages cooperation between the FCC and Department of
Agriculture to provide an automated connection between the
Verifier and the SNAP National Clearinghouse.
Title I, Subtitle B, Part 2, Section 12201 incorporates H.R
1783 and H.R. 4663 by appropriating $2 billion in additional
funding for the ECF to support distance learning for teachers
and students in K-12.
Title I, Subtitle B, Part 3 Sections 12301, 12302, 12303,
12304, 12305, and 12306 incorporate H.R. 1555 and H.R. 1783 by
requiring the FCC to issue final rules to promote and
incentivize the widespread adoption of broadband consumer
labels and requires the FCC to collect information regarding
broadband pricing and subscriptions. The FCC must also
promulgate regulations to promote and incentivize the
widespread adoption of broadband consumer labels and GAO must
submit a report to Congress that evaluates the process used by
the FCC for establishing, reviewing, and updating the upload
and download broadband internet access service speed
thresholds.
Title I, Subtitle C, Part 1, Sections 13101 and Section 723
incorporate H.R. 1672 and H.R. 1783 by authorizing $79.5
billion in appropriations to support broadband infrastructure
deployment in unserved, low-tier and mid-tier areas to 100
percent of households in the United States based on the
broadband maps produced by the FCC. Projects must be able to
deliver speeds of 100 Mbps download and 100 Mbps upload.
Title I, Subtitle C, Part 1, Section 13102 incorporates
H.R. 1590 and H.R. 1783 by amending Section 254(b)(3) of the
Communications Act of 1934 (47 U.S.C. 254(b)(3)) and inserting
``and in Indian country (as defined in section 1151 of title
18, United States Code) and areas with high populations of
Indian (as defined in section 19 of the Act of June 18, 1934
(Chapter 576; 48 Stat. 988; 25 U.S.C. 5129)) people'' after
``high cost areas.''
Title I, Subtitle C, Part 2, Sections 13201, 13202, 13203,
13204, 13205, 13206, 13207, 13208, 13209, 13210, 13211
incorporate H.R. 1700 and H.R. 1783 and require NTIA to make
financing available for the construction and deployment of
broadband infrastructure through a broadband infrastructure
finance and innovation program. Specifically, providing 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. The bill
requires biennial reports on the financial performance of
projects carried out with program assistance. The Assistant
Secretary must submit to Congress a report that includes a list
of all the letters of interest and applications received under
the broadband infrastructure finance and innovation program.
Title I, Subtitle C, Part 3 Section 13301 incorporates H.R.
1673 and H.R. 1783 by requiring the FCC to update its rules to
permit Wi-Fi access on school buses as eligible for support
under the E-Rate program.
Title I, Subtitle D, Section 14001 incorporates H.R. 1631
and H.R. 1783 by prohibiting state governments from enforcing
laws or regulations that inhibit local governments, public-
private partnerships, and cooperatives from delivering
broadband service.
Title I, Subtitle E, Section 15001 authorizes $15 billion
for the 9-1-1 Implementation and Coordination Office to make
grants to eligible entities to upgrade 9-1-1 systems to Next
Generation 9-1-1. This section also establishes a Nationwide
Next Generation 9-1-1 Security Operations Center to serve as a
centralized emergency communications cybersecurity resource.
Legislative History
On March 11, 2021, H.R. 1848 was introduced by
Representative Pallone (NJ-06) and 31 original cosponsors, and
referred to the Committee on Energy and Commerce, and in
addition to the Committees on Transportation and
Infrastructure; Natural Resources; Science, Space, and
Technology; Ways and Means; Education and Labor; Agriculture;
and Oversight and Reform.
On March 22, 2021, the Committee on Energy and Commerce
held a legislative hearing on H.R. 1848. The witnesses included
the Honorable Ernest J. Moniz, President and Chief Executive
Officer, Energy Futures Initiatives, Former Secretary, U.S.
Department of Energy; Tom Frieden, M.D., M.P.H., President and
CEO, Resolve to Save Lives, an initiative of Vital Strategies,
Former Director, Centers for Disease Control and Prevention;
the Honorable Michael O'Rielly, Former Commissioner, Federal
Communications Commission, Principal, MPORielly Consulting,
LLC; and the Honorable Tom Wheeler, Visiting Fellow, Brookings
Institution, Senior Fellow, Harvard Kennedy School, Former
Chairman, Federal Communication Commission.
No further action was taken on H.R. 1848 in the 117th
Congress.
OVERSIGHT ACTIVITIES
Member Day
On July 13, 2021, 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 Gonzalez (OH-16), Fred Keller (PA-12),
Joe Neguse (CO-02), Brian Higgins (NY-26), Gregorio Kilili
Camacho Sablan (MP-AL), Jennifer Wexton (VA-10), Jenniffer
Gonzalez-Colon (PR-AL), Troy Balderson (OH-12), Doris Matsui
(CA-06), and Jim Costa (CA-16). The Committee also received
testimony from the following Members of the House of
Representatives on behalf of H.R. 3755, the Women's Health
Protection Act: Judy Chu (CA-27), Lois Frankel (FL-21), Ayanna
Pressley (MA-07), and Veronica Escobar (TX-16).
Subcommittee on Consumer Protection and Commerce
LEGISLATIVE ACTIVITIES
American Rescue Plan Act of 2021
PUBLIC LAW 117-2 (H.R. 1319)
To provide for reconciliation pursuant to title II of S.
Con. Res. 5.
Summary
Title VII, Subtitle D, Section 7401 of H.R. 1319
appropriates $50 million to the Consumer Product Safety
Commission to enhance monitoring of ports and internet websites
for dangerous products related to COVID-19.
Legislative History
On February 11 and 12, 2021, the Committee on Energy and
Commerce met in virtual markup to consider legislative
recommendations to comply with the reconciliation directive
included in section 2001 of the Concurrent Resolution on the
Budget for Fiscal Year 2021, S. Con. Res. 5. Subtitle A,
``Budget Reconciliation Legislative Recommendations Relating to
Public Health,'' was ordered transmitted favorably to the House
Committee on Budget, amended, by a roll call vote of 31 yeas
and 25 nays. Subtitle B, ``Budget Reconciliation Legislative
Recommendations Relating to Medicaid,'' was ordered transmitted
favorably to the House Committee on Budget, amended, by a roll
call vote of 30 yeas and 26 nays. Subtitle C, ``Budget
Reconciliation Legislative Recommendations Relating to
Children's Health Insurance Program,'' was ordered transmitted
favorably to the House Committee on Budget, amended, by a roll
call vote of 30 yeas and 24 nays. Subtitle D, ``Budget
Reconciliation Legislative Recommendations Relating to Other
Provisions,'' was ordered transmitted favorably to the House
Committee on Budget, amended, by a roll call vote of 31 yeas
and 24 nays.
On February 24, 2021, H.R. 1319 was introduced by
Representative Yarmouth (KY-03) and referred to the Committee
on Budget.
On February 25, 2021, the Committee on Budget reported H.R.
1319 to the House (H. Rept. 117-7), and the bill was placed on
the Union Calendar (Calendar No. 1). The next day, H.R. 1319
was considered in the House pursuant to the provisions of H.
Res. 166 and the bill, as amended, was passed by a recorded
vote of 219 yeas to 212 nays (Roll Call No. 49).
On March 2, 2021, H.R. 1319 was received in the Senate and
placed on the Senate Legislative Calendar under General Orders
(Calendar No. 10). On March 6, 2021, H.R. 1319 passed the
Senate with an amendment by a roll call vote of 50 yeas to 49
nays (Record Vote Number: 110).
On March 10, 2021, the House agreed to a motion that the
House agree to the Senate amendment by a roll call vote of 220
yeas to 211 nays (Roll no. 72).
On March 11, 2021, H.R. 1319 was presented to the President
and signed into law (Public Law No. 117-2).
Infrastructure Investment and Jobs Act
PUBLIC LAW 117 58 (H.R. 2138, H.R. 2956, H.R. 3628, H.R. 3629, H.R.
3684, H.R. 4025)
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Summary
Title III, Section 23023 of H.R. 3684 incorporates H.R.
2956. This section requires limousines to have safety belts for
every designated seating position and adhere to federal
standards for seats and seat assemblies. The provision also
closed a loophole that allowed used vehicles to be converted
into limousines without meeting federal safety standards.
Title IV, Subtitle B, Section 24204 of H.R. 3684
incorporates H.R. 4025. This section requires the Department of
Transportation (DOT) to issue an advanced notice of proposed
rulemaking to reduce the risk of seat back failures during
vehicle impacts.
Title IV, Subtitle B, Section 24205 of H.R. 3684
incorporates H.R. 3629. This section would require the DOT to
issue a final rule within two years of enactment requiring
manufacturers to install technology in motor vehicles equipped
with keyless ignition systems to automatically shut off the
vehicle to reduce the risk of carbon monoxide poisoning. The
provision also directs the DOT to conduct a study on technology
to prevent movement of motor vehicles equipped with keyless
ignition systems.
Title IV, Subtitle B, Section 24208 of H.R. 3684
incorporates H.R. 3628. This section requires the DOT to
require all new passenger motor vehicles to be equipped with
crash avoidance systems that meet minimum performance
standards.
Title IV, Subtitle B, Section 24213 of H.R. 3684 directs
the National Highway Traffic Safety Administration (NHTSA) to
update the New Car Assessment Program to account for advances
in advanced driver assistance systems and pedestrian safety.
Title IV, Subtitle B, Section 24220 of H.R. 3684
incorporates H.R. 2138. This section mandates that NHTSA
require all new passenger motor vehicles to be equipped with
passive alcohol detection systems that meet minimum standards.
Title IV, Subtitle B, Section 24222 of H.R. 3684
incorporates H.R. 3164. This bill requires the DOT to issue a
final rule to require passenger motor vehicles to be equipped
with systems to alert the operator to check rear-designated
seating positions after the vehicle engine or motor is
deactivated.
Legislative History
On June 4, 2021, H.R. 3684 was introduced by Representative
DeFazio (OR-04) and referred to the Committee on Transportation
and Infrastructure.
On June 22, 2021, the Committee on Transportation and
Infrastructure reported H.R. 3684 to the House (H. Rept. 117-
70) and filed a supplemental report (H. Rept. 117-70, Part II)
on June 29, 2021. On July 1, 2021, H.R. 3684 was passed in the
House by a recorded vote of 221 yeas to 201 nays (Roll Call No.
208).
On July 12, 2021, H.R. 3684 was received in the Senate. On
August 10, 2021, H.R. 3684 passed the Senate with an amendment
by a roll call vote of 69 yeas to 30 nays (Record Vote Number:
314).
On September 27, 2021, pursuant to the provisions of H.
Res. 601, Representative DeFazio moved that the House agree to
the Senate amendment to H.R. 3684. On November 5, 2021, the
House agreed to a motion that the House agree to the Senate
amendment by a roll call vote of 228 yeas to 206 nays (Roll no.
369).
On November 8, 2021, H.R. 3684 was presented to the
President and signed into law (Public Law No. 117-58).
On March 23, 2021, H.R. 2138 was introduced by
Representatives Dingell (MI-12), Rice (NY-04), and McKinley
(WV-01) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on March 24, 2021.
No further action was taken on H.R. 2138 in the 117th
Congress.
On May 4, 2021, H.R. 2956 was introduced by Representatives
Tonko (NY-20), Delgado (NY-19), and Stefanik (NY-21) and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on May 5, 2021.
No further action was taken on H.R. 2956 in the 117th
Congress.
On May 28, 2021, H.R. 3628 was introduced by Representative
Schakowsky (IL-09) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on May 31,
2021.
No further action was taken on H.R. 3628 in the 117th
Congress.
On May 28, 2021, H.R. 3629 was introduced by
Representatives Schakowsky, Moulton (MA-06), and 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 May 31, 2021.
No further action was taken on H.R. 3629 in the 117th
Congress.
On June 21, 2021, H.R. 4025 was introduced by
Representatives Rice, Schakowsky, and DeGette (CO-01) and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on June 22, 2021.
No further action was taken on H.R. 4025 in the 117th
Congress.
Consolidated Appropriations Act, 2022
PUBLIC LAW 117-103 (H.R. 2471, H.R. 1215, H.R. 1460, H.R. 172, H.R.
1762, H.R. 4594)
Making consolidated appropriations for the fiscal year
ending September 30, 2022, and for providing emergency
assistance for the situation in Ukraine, and for other
purposes.
Summary
Division Q, Title I of H.R. 2471 incorporates H.R. 1215.
Subtitle A would expand activities to address mail, telephone,
and internet fraud, particularly such scams targeting older
adults. The bill establishes a Senior Scams Prevention Advisory
Group, which must create model educational materials to educate
employees of retailers, financial-services companies, and wire-
transfer companies on how to identify and prevent scams that
affect older adults. Subtitle B would direct the FTC to
establish an advisory office in the Bureau of Consumer
Protection to assist the FTC in monitoring scams targeting
older adults, educating consumers, and receiving complaints.
The office must (1) disseminate to seniors and their families
and caregivers information about the most common fraud schemes,
including methods of reporting complaints either to the FTC's
national toll-free telephone number or to the FTC's Consumer
Sentinel Network, where complaints become immediately available
to the Federal Bureau of Investigation, state attorneys
general, and other appropriate law enforcement agencies; (2)
provide, in response to a specific request about a particular
entity or individual, publicly available information regarding
the FTC's enforcement action; and (3) maintain a website as a
resource for information on fraud targeting seniors.
Division Q, Title II of H.R. 2471 incorporates H.R. 1460.
This bill directs the Consumer Product Safety Commission to
award grants to states and tribal organizations to install
carbon monoxide alarms in the homes of low-income families and
older adults and facilities that commonly serve children or
older adults. Carbon monoxide alarms must comply with specified
standards.
Division Q, Title III of H.R. 2471 incorporates H.R. 172.
This bill authorizes appropriations for the U.S. Anti-Doping
Agency (USADA) through FY2031. The bill adds requirements that
USADA: be responsible for certifying in advance any testing
conducted by international organizations under the World Anti-
Doping Code for international amateur athletes and athletic
competitions occurring within the jurisdiction of the United
States; and promote a positive youth sport experience by using
a portion of its funding to provide educational materials on
sportsmanship, character building, and healthy performance for
those participating in youth sports. The bill requires any
action taken by USADA to enforce a policy, procedure, or
requirement against a person with respect to a violation of
federal law, including an investigation, disciplinary action,
sanction, or any other administrative action, to be carried out
in a manner that provides due process protection. The
Department of Justice, the Department of Homeland Security, and
the Food and Drug Administration must provide to USADA
information relating to the prevention of the use of
performance-enhancing drugs or the prohibition of performance-
enhancing methods.
Division Q, Title IV of H.R. 2471 incorporates H.R. 1762.
This bill requires the FTC, after consultation with Indian
tribes, to report on unfair or deceptive practices that target
tribes or tribal members. The FTC must submit the report to
Congress and make it publicly available. Further, the FTC must
update its website to include information for consumers and
businesses on identifying and avoiding unfair or deceptive
practices that target tribes or tribal members.
Division FF of H.R. 2471 incorporates H.R. 4594. This
legislation requires the Secretary of the Treasury to make $250
million available from unobligated balances collected by the
Travel Promotion Fund before October 1, 2020, for use by the
Corporation for Travel Promotion, commonly known as ``Brand
USA.''
Legislative History
On April 13, 2021, H.R. 2471 was introduced by
Representatives Jeffries (NY-08) and Waltz (FL-06) and referred
to the Committee on Foreign Affairs. On April 21, 2021, the
Committee on Foreign Affairs held a markup and H.R. 2471 was
reported to the House, amended, by a voice vote.
On June 28, 2021, H.R. 2471 was considered in the House
under suspension of the rules. The next day, H.R. 2471, as
amended, passed the House under suspension of the rules.
On July 12, 2021, H.R. 2471 was received in the Senate,
read twice, and referred to the Committee on Foreign Relations.
On January 13, 2022, the Senate Committee on Foreign Relations
discharged consideration by unanimous consent. That same day,
H.R. 2471 passed the Senate with an amendment by a voice vote.
On March 9, 2022, Representative DeLauro moved that the
House agree with an amendment to the Senate amendment. A motion
to agree in the Senate amendment with an amendment (divisions
B, C, F, X, Z, titles 2 and 3 of division N) passed by a record
vote of 361 yeas to 69 nays (Roll no. 65). A motion to agree in
the Senate amendment with another amendment (remaining
divisions) passed by a record vote of 260 yeas to 171 nays, 1
present (Roll no. 66). The motion that the House agree with an
amendment to the Senate amendment was agreed to by voice vote.
On March 10, 2022, the House amendment to Senate amendment
was received in the Senate and agreed to by a record vote of 68
yeas to 31 nays (Record Vote Number: 78).
On March 14, 2022, H.R. 2471 was presented to the
President. On March 15, 2022, H.R. 2471 was signed by the
President and became Public Law No. 117-103.
On February 23, 2021, H.R. 1215 was introduced by
Representative Blunt Rochester (DE-AL) and 13 bipartisan
original cosponsors and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on February
24, 2021.
On April 14, 2021, H.R. 1215 was considered in the House
under suspension of the rules. The next day, H.R. 1215 passed
the House on a motion to suspend the rules and pass the bill by
recorded vote of 396 yeas to 13 nays (Roll no. 104).
On April 19, 2021, H.R. 1215 was received in the Senate. On
May 24, 2022, H.R. 1215 was read twice and referred to the
Committee on Commerce, Science, and Transportation.
No further action was taken on H.R. 1215 in the 117th
Congress.
On March 1, 2021, H.R. 1460 was introduced by
Representatives Kuster (NH-02) and Carter (GA-01) and referred
to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on March 2, 2021.
On April 14, 2021, H.R. 1460 was considered in the House
under suspension of the rules. The next day, H.R. 1460 passed
the House on a motion to suspend the rules and pass the bill by
recorded vote of 362 yeas to 49 nays (Roll no. 105).
On April 19, 2021, H.R. 1215 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. 1460 in the 117th
Congress.
On January 4, 2021, H.R. 172 was introduced by
Representatives Thompson (CA-05), Johnson (OH-06), and DeGette
(CO-01) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on February 2, 2021.
On April 14, 2021, H.R. 172 was considered in the House
under suspension of the rules passed. Later that day, H.R. 172
passed the House on a motion to suspend the rules and pass the
bill by recorded vote of 381 yeas to 37 nays (Roll no. 99).
On April 15, 2021, H.R. 172 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. 172 in the 117th
Congress.
On March 10, 2021, H.R. 1762 was introduced by
Representatives Mullin (OK-02) and 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 March 11, 2021.
On April 14, 2021, H.R. 1762 was considered in the House
under suspension of the rules. The next day, H.R. 1762 passed
the House on a motion to suspend the rules and pass the bill by
recorded vote of 408 yeas to 10 nays (Roll no. 111).
On April 19, 2021, H.R. 1762 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. 1762 in the 117th
Congress.
On July 21, 2021, H.R. 4594 was introduced by
Representatives Bilirakis (FL-12) and Welch (VT-AL) 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, 2021.
The Subcommittee held a legislative hearing on the bill on
October 14, 2021. Testimony was received from Caolionn
O'Connell, Ph.D., Senior Physical Scientist, RAND Corporation;
Scott Paul, President, Alliance for American Manufacturing;
Eric Sills, CEO, Standard Motor Products; and Scott Lincicome,
Senior Fellow, Economic Studies, CATO Institute.
On November 16, 2021, the Subcommittee on Consumer
Protection and Commerce was discharged from further
consideration of the bill. On November 17, 2021, the full
Committee met in open markup session, pursuant to notice, to
consider H.R. 4594 and 11 other bills. No amendments were
offered during consideration of the bill. Upon conclusion of
consideration of the bill, the full Committee agreed to a
motion on final passage offered by Representative Pallone,
Chairman of the Committee, to order H.R. 4594 reported
favorably to the House, without amendment, by a voice vote.
No further action was taken on H.R. 4594 in the 117th
Congress.
Safe Sleep for Babies Act of 2021
PUBLIC LAW 117-126 (H.R. 3182)
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 makes it unlawful to manufacture, sell, or
distribute crib bumpers or inclined sleepers for infants.
Specifically, inclined sleepers for infants are those designed
for an infant up to one year old and have an inclined sleep
surface of greater than 10 degrees. Crib bumpers generally are
padded materials inserted around the inside of a crib and
intended to prevent the crib occupant from becoming trapped in
any part of the crib's openings; they do not include unpadded,
mesh crib liners.
Legislative History
On May 13, 2021, H.R. 3182 was introduced by
Representatives Cardenas (CA-29) and Schakowsky (IL-09) and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on March 11, 2021.
On June 22, 2021, H.R. 3182 was considered in the House
under suspension of the rules. On June 23, 2021, H.R. 3182
passed the House by a voice vote.
On June 24, 2021, H.R. 3182 was received in the Senate,
read twice, and referred to the Committee on Commerce, Science,
and Transportation.
On May 3, 2022, the Senate Committee on Commerce, Science,
and Transportation discharged the bill by unanimous consent.
That same day, the Senate passed H.R. 3182 without amendment by
a voice vote.
On May 11, 2022, H.R. 3182 was presented to the President
and signed into law on May 16, 2022. That same day, H.R. 3182
became Public Law No. 117-126.
Supreme Court Security Funding Act of 2022
(Chips and Science Act of 2022)
PUBLIC LAW 117-167 (H.R. 4346)
Making appropriations for Legislative Branch for the fiscal
year ending September 30, 2022, and for other purposes.
Summary
Division A, Section 102 of H.R. 4346 establishes a fund for
the DOC to support the implementation of the semiconductor
provisions included in the Fiscal Year (``FY'') 2021 National
Defense Authorization Act (``NDAA''). This section provides
$52.7 billion in emergency supplemental appropriations. The
language would also re-affirm that the purchase of stocks and
dividends are not an eligible use of CHIPS funds as determined
by the eligible use of funds already required under the FY21
NDAA.
Division A, Section 103 of H.R. 4346 amends NDAA 2021 to
provide $2 billion incentives for manufacturing mature
technology nodes, which are used by critical manufacturing
industries like the automotive industry.
Division A, Section 104 of H.R. 4346 requires the
Department of Commerce to establish activities and assign
personnel to ensure that the recipients of CHIPS manufacturing
incentives meet their commitments to increase the participation
of economically disadvantaged individuals in the semiconductor
workforce. Such personnel would also serve as a resource to
support the participation of minority-owned businesses,
veteran-owned businesses, and women-owned businesses in CHIPS-
funded projects
Division A, Section 105 of H.R. 4346 expands the scope of
the Government Accountability Office report already required
under the FY21 NDAA to include an evaluation of potential
Government steps to avoid semiconductor shortages, describe
efforts taken to hire individuals from disadvantaged
populations into the semiconductor workforce, and to detail how
funded projects support the needs of critical infrastructure
industries.
Legislative History
On July 1, 2021, H.R. 4346 was introduced by Representative
Ryan (OH-13) and referred to the Committee on Appropriations.
On July 1, 2021, the Committee on Appropriations reported
H.R. 4346 to the House (H. Rept. 117-80). On July 28, 2021,
H.R. 4346 was passed in the House by a recorded vote of 215
yeas to 207 nays (Roll Call No. 239).
On July 29, 2021, H.R. 4364 was received in the Senate,
read twice, and referred to the Committee on Appropriations. On
June 22, 2022, the Senate Committee on Appropriations
discharged the bill by unanimous consent and H.R. 4364 passed
the Senate with an amendment by unanimous consent.
On June 24, 2022, pursuant to the provisions of H. Res.
1204, the House agreed to the Senate amendment with amendment.
On July 27, 2022, the Senate concurred in the House amendment
to the Senate amendment to H.R. 4346 with an amendment by a
roll call vote of 64 yeas to 33 nays (Record Vote Number: 271)
and a message on the Senate action sent to the House. On July
28, 2022, a motion that the House agree to the Senate amendment
to the House amendment to the Senate amendment was agreed to by
a roll call vote of 243 yeas to 187 nays, 1 present (Roll no.
404).
On August 2, 2022, H.R. 4346 was presented to the President
and signed into law on August 9, 2022 (Public Law No. 117-167).
Inflation Reduction Act of 2022
PUBLIC LAW 117-169 (H.R. 5376, H.R. 5479, H.R. 5492, H.R. 5495,
H.R. 5505)
To provide for reconciliation pursuant to title II of S.
Con. Res. 14.
Summary
Title I, Subtitle M, Sec. 31401 of H.R. 5376 incorporates
H.R. 5479, H.R. 5492, H.R. 5495, and H.R. 5505. The section
appropriates $5 billion to the Department of Commerce (DOC) to
support the reliance of supply chains by mapping and monitoring
manufacturing supply chains; facilitating and supporting the
establishment of voluntary standards, guidelines, and best
practices; identifying, accelerating, promoting, demonstrating,
and deploying technological advances for manufacturing supply
chains; and providing grants, loans, and loan guarantees to
maintain and improve manufacturing supply chain resilience.
Title I, Subtitle M, Sec. 31402 of H.R. 5376 appropriates
$50 million to the DOC to award grants to destination marketing
organizations to conduct marketing activities to promote safe
domestic travel in the United States and to collect data on
domestic travel and tourism, including the effect of the COVID
19 pandemic on domestic travel.
Title I, Subtitle N, Sec. 31501 of H.R. 5376 appropriates
$500 million to the FTC to create and operate a bureau,
including by hiring technologists, user experience designers,
and other experts, to accomplish its consumer protection work
relating to privacy, data security, identity theft, data
abuses, and related matters.
Title I, Subtitle O, Sec. 31601 of H.R. 5376 appropriates
$5 million to the DOC's Office of Inspector General.
Legislative History
On September 13, 14, and 15, 2021, the Committee on Energy
and Commerce met in virtual markup to consider legislative
recommendations to comply with the reconciliation directive
included in section 2002 of the Concurrent Resolution on the
Budget for Fiscal Year 2022, S. Con. Res. 14. Subtitle A,
``Budget Reconciliation Legislative Recommendations Relating to
Air Pollution,'' was transmitted favorably to the Committee on
Budget, amended, by a roll call vote of 31 yeas and 26 nays.
Subtitle B, ``Budget Reconciliation Legislative Recommendations
Relating to Hazardous Materials,'' was transmitted favorably to
the Committee on Budget, amended, by a roll call vote of 31
yeas and 26 nays. Subtitle K, ``Budget Reconciliation
Legislative Recommendations Relating to Next Generation 9-1-
1,'' was transmitted favorably to the Committee on Budget,
amended, by a roll call vote of 31 yeas to 25 nays. Subtitle L,
``Budget Reconciliation Legislative Recommendations Relating to
Wireless Connectivity,'' was transmitted favorably to the
Committee on Budget, amended, by a roll call vote of 31 yeas
and 26 nays. Subtitle M, ``Budget Reconciliation Legislative
Recommendations Relating to Distance Learning,'' was
transmitted favorably to the Committee on Budget, amended, by a
roll call vote of 31 yeas and 26 nays. Subtitle C, ``Budget
Reconciliation Legislative Recommendations Relating to Drinking
Water.'' was ordered transmitted favorably to the Committee on
Budget, amended, by a roll call vote of 31 yeas and 25 nays.
Subtitle D, ``Budget Reconciliation Legislative Recommendations
Relating to Energy,'' was transmitted favorably to the
Committee on Budget, amended, by a roll call vote of 30 yeas
and 27 nays. The Committee on Energy and Commerce transmitted
these subtitles to the Committee on Budget and they were
incorporated into H.R. 5376.
On September 27, 2021, H.R. 5376 was introduced by
Representative Yarmuth (KY-3) and referred to the Committee on
Budget.
On September 27, 2021, the Committee on Budget reported
H.R. 5376 to the House (H. Rept. 117-130). On November 19,
2021, H.R. 5376 was passed in the House by a recorded vote of
220 yeas to 213 nays (Roll Call No. 385).
On August 2, 2022, H.R. 5376 was received in the Senate and
read for the first time. On August 3, 2022, the bill was read
for a second time.
On August 7, 2022, H.R. 5376 passed the Senate with an
amendment by a recorded vote of 51 yeas to 50 nays (Record Vote
Number: 325).
On August 12, 2022, pursuant to the provisions of H. Res.
1316, the House agreed to the Senate amendment by a roll call
vote of 220 yeas to 207 nays (Roll no. 420).
On August 15, 2022, H.R. 5376 was presented to the
President and signed into law on August 16, 2022 (Public Law
No. 117-169).
Reese's Law
PUBLIC LAW 117-171 (H.R. 5313)
To protect children and other consumers against hazards
associated with the accidental ingestion of button cell or coin
batteries by requiring the Consumer Product Safety Commission
to promulgate a consumer product safety standard to require
child-resistant closures on consumer products that use such
batteries, and for other purposes.
Summary
This legislation requires the CPSC to establish mandatory
safety standards to protect children from ingesting button cell
batteries or coin batteries. These standards should include
requirements for button cell battery packaging that warn of the
hazards of ingestion and instruct consumers to keep new and
used batteries out of the reach of children. The bill is named
after Reese Hamsmith, an 18-month-old child who tragically died
after ingesting a button cell battery.
Legislative History
On September 21, 2021, H.R. 5313 was introduced by
Representatives Kelly (IL-02), Arrington (TX 19), and Lieu (CA-
33) and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on Consumer
Protection and Commerce on September 22, 2021.
On May 26, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on nine bills,
including H.R. 5313. The witnesses included Kaitlin Kraska,
Director of Federal Legislation, Government Relations, American
Society for the Prevention of Cruelty to Animals; Julie Menin,
Former Commissioner, New York City Department of Consumer
Affairs; Hadley Heath Manning, Vice President for Policy,
Independent Women's Forum; Michael O'Neal, Vice President--
Corporate Underwriting, First American Title Insurance Company;
Trista Hamsmith, Founder and Reese's Mom, Reese's Purpose; Eric
D. Hagopian, CEO and President, Pilot Precision Products; and
Tori Barnes, Executive Vice President, Public Affairs and
Policy, U.S. Travel Association.
On June 23, 2022, the Subcommittee on Consumer Protection
and Commerce met in open markup session, pursuant to notice, to
consider H.R. 5313 and seven other bills. An amendment in the
nature of a substitute was offered by Representative Kelly and
agreed to by a voice vote. Upon conclusion of consideration of
the bill, the Subcommittee on Consumer Protection and Commerce
agreed to report the bill favorably to the full Committee,
amended, by a roll call vote of 21 yeas to zero nays.
On July 20, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 5313 and five
other bills. During consideration of the bill, no amendments
were offered. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 5313 reported favorably to the House, as amended by the
Subcommittee on Consumer Protection and Commerce, by a roll
call vote of 54 yeas to zero nays.
On July 26, 2022, H.R. 5313 was reported to the House by
the Committee on Energy and Commerce (H. Rept. 117-440). On
July 27, 2022, H.R. 4551 passed the House under suspension of
the rules.
On July 28, 2022, H.R. 4551 was received in the Senate. On
August 2, 2022, H.R. 5313 passed the Senate without amendment
by unanimous consent.
On August 15, 2022, H.R. 5313 was presented to the
President and signed into law on August 16, 2022 (Public Law
No. 117-171).
FTC Collaboration Act of 2021
PUBLIC LAW 117-187 (H.R. 1766)
To enhance cooperation between the Federal Trade Commission
and State Attorneys General to combat unfair and deceptive
practices, and for other purposes.
Summary
This bill requires the Federal Trade Commission (FTC) to
study its efforts to work with state attorneys general to
address fraud and scams, including procedures, such as
accountability mechanisms, that would facilitate such
collaboration.
In the process, the FTC must consult with relevant
organizations and provide an opportunity for public comment.
The FTC must submit legislative recommendations based on the
results of the study.
Legislative History
On March 10, 2021, H.R. 1766 was introduced by
Representatives O'Halleran (AZ-01) and Hudson (NC-08) and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on March 11, 2021.
On April 14, 2021, H.R. 1766 was considered in the House
under suspension of the rules and passed the House by a voice
vote.
On April 15, 2021, H.R. 1766 was received in the Senate,
read twice, and referred to the Committee on Commerce, Science,
and Transportation.
On September 29, 2022, the Senate Committee on Commerce,
Science, and Transportation discharged the bill by unanimous
consent. That same day, the Senate passed H.R. 1766 without
amendment by unanimous consent.
On October 4, 2022, H.R. 1766 was presented to the
President and signed into law on October 10, 2022. That same
day, H.R. 1766 became Public Law No. 117-187.
Consolidated Appropriations Act, 2023
PUBLIC LAW 117-__ (H.R. 2617, H.R. 6290, H.R. 1314, H.R. 4081, H.R.
7877, H.R. 4551, H.R. 6965, H.R. 2299)
To amend section 1115 of title 31, United States Code, to
amend the description of how performance goals are achieved,
and for other purposes.
Summary
Division BB, Title I of H.R. 2617 incorporates H.R. 6290,
the ``Manufacturing.gov Act.'' This title requires the
Department of Commerce to establish a section of the
manufacturing.gov website to serve as the primary hub for
information relating to federal manufacturing programs. In
addition to serving as the primary hub for this information,
the hub must also (1) provide the contact information for
relevant program offices carrying out federal manufacturing
programs; (2) provide an avenue for public input and feedback
relating to these programs; and (3) host web pages that focus
on topics such as trade, workforce development, and small and
medium manufacturers.
Division BB, Title II of H.R. 2617 incorporates H.R. 1314,
the ``STURDY Act.'' This title directs the Consumer Product
Safety Commission (CPSC) to promulgate a consumer product
safety standard for free standing clothing storage units to
protect children from tip-over related death or injury. The
standard must protect children up to 72 months of age from tip-
over related death or injury and be developed in consultation
with consumer groups and clothing storage unit manufacturers.
Division BB, Title III of H.R. 2617 incorporates H.R. 5502,
the ``INFORM Consumers Act.'' This title establishes a national
standard, enforced by the Federal Trade Commission and State
Attorneys General, that requires online platforms that allow
for third party sellers of consumer products to verify the
identity of high-volume third-party sellers, enabling consumers
to obtain basic identification and contact information for
certain high-volume third party sellers.
Division BB, Title IV of H.R. 2617 incorporates H.R. 7877,
the ``Virginia Graeme Baker Pool and Spa Safety Reauthorization
Act of 2022.'' This title authorizes $2.5 million in funding
for grants to states and Indian tribes to address pool and spa
safety, and an additional $2.5 million for the CPSC to carry
out an education and awareness campaign to inform the public of
methods to prevent drowning and entrapment in swimming pools.
Division BB, Title V of H.R. 2617 incorporates H.R. 4551,
the ``RANSOMWARE Act.'' This title requires the FTC to report
on cross-border complaints received that involve ransomware or
other cyber-related attacks committed by certain foreign
individuals, companies, and governments. The report must focus
specifically on attacks committed by Russia, China, North
Korea, or Iran or individuals or companies that are located in
or have ties to those countries.
Division BB, Title VI, Subtitle A of H.R. 2617 incorporates
H.R. 6965, the ``Visit America Act.'' This subtitle implements
measures to support the U.S. travel and tourism industry,
including requiring the Department of Commerce to develop a 10-
year strategy with annual goals to boost the industry. The
subtitle also establishes the position and responsibilities of
Assistant Secretary of Commerce for Travel and Tourism. The
subtitle also provides statutory authority for the United
States Travel and Tourism Advisory Board, which shall aid the
assistant secretary in developing and implementing the COVID-19
pandemic recovery strategy.
Division BB, Title VI, Subtitle B of H.R. 2617 incorporates
H.R. 2299, the ``Protecting Tourism in the United States Act.''
This subtitle requires the Department of Commerce complete a
study and issue a report on the effects of the COVID-19
pandemic on the travel and tourism industry, including various
segments of the travel and tourism industry, such as domestic,
international, leisure, business, convention, meetings, and
events.
Legislative History
On April 16, 2021, H.R. 2617 was introduced by
Representatives Connolly (VA-11) and Hice (GA-10) and was
referred to the Committee on Oversight and Reform.
On May 25, 2021, the Committee on Oversight and Reform held
a markup of the bill and ordered H.R. 2617 reported favorably
to the House, amended, by a voice vote.
On July 26, 2021, the House considered H.R. 2617 under
suspension of the rules. On July 26, 2021, the Chair announced
that further proceedings on the motion to suspend the rules and
pass H.R. 2617 would be postponed.
On September 28, 2021, H.R. 2617 was considered in the
House as unfinished business. That same day, H.R. 2617 passed
the House under suspension of the rules, as amended, by a
record vote of 414 yeas to 10 nays (Roll no. 304).
On September 29, 2021, H.R. 2617 was received in the
Senate, read twice, and referred to the Committee on Homeland
Security and Governmental Affairs.
On November 3, 2021, the Committee on Homeland Security and
Governmental Affairs ordered H.R. 2617 to be reported
favorably, without amendment.
On September 27, 2022, the Committee on Homeland Security
and Governmental Affairs ordered H.R. 2617 to the Senate with
amendments (report No. 117-164).
On November 15, 2022, H.R. 2617 passed the Senate with
amendments by unanimous consent.
On December 14, 2022, the House agreed to Senate amendments
numbered 1, 2, 3, and 5, and the House agreed to Senate
amendment numbered 4 with an amendment pursuant to H. Res.
1518. On December 15, 2022, the message on the House amendment
to Senate amendment 4 was received in the Senate. On December
20, 2022, the motion to proceed to consideration of the House
message to accompany H.R. 2617 was agreed by a record vote of
70 yeas to 25 nays (Record Vote Number: 403).
On December 22, 2022, the Senate concurred in the House
amendment to Senate amendment to H.R. 2617 with an amendment by
a record vote of 68 yeas to 29 nays (Record Vote Number: 421).
On December 23, 2022, the House agreed to the Senate
amendment to the House amendment to the Senate amendment by
record vote of 225 yeas to 201 nays, 1 Present (Roll no. 549).
On December 28, 2022, H.R. 2617 was presented to the
President and signed into law by the President on December 29,
2022. The Public Law number had not been assigned when this
report was filed.
On December 14, 2021, H.R. 6290 was introduced by
Representatives Tonko (NY-20), Axne (IA-03), and Upton (MI-06)
and referred to the Committee on Energy and Commerce.
Subsequently, the bill was referred to the Subcommittee on
Consumer Protection and Commerce on December 15, 2021.
On May 26, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on nine bills,
including H.R. 6290. The witnesses included Kaitlin Kraska,
Director of Federal Legislation, Government Relations, American
Society for the Prevention of Cruelty to Animals; Julie Menin,
Former Commissioner, New York City Department of Consumer
Affairs; Hadley Heath Manning, Vice President for Policy,
Independent Women's Forum; Michael O'Neal, Vice President--
Corporate Underwriting, First American Title Insurance Company;
Trista Hamsmith, Founder and Reese's Mom, Reese's Purpose; Eric
D. Hagopian, CEO and President, Pilot Precision Products; and
Tori Barnes, Executive Vice President, Public Affairs and
Policy, U.S. Travel Association.
On June 23, 2022, the Subcommittee on Consumer Protection
and Commerce met in open markup session, pursuant to notice, to
consider H.R. 6290 and seven other bills. No amendments were
offered during consideration of the bill. Upon conclusion of
consideration of the bill, the Subcommittee agreed to report
the bill favorably to the full Committee, without amendment, by
a roll call vote of 22 yeas to zero nays.
On July 20, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 6290 and five
other bills. No amendments were offered during consideration of
the bill. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 6290 reported favorably to the House, without amendment,
by a roll call vote of 54 yeas to zero nays.
On November 14, 2022, H.R. 6290 was reported to the House
by the Committee on Energy and Commerce (H. Rept. 117-554). On
November 17, 2022, H.R. 6290 passed the House under suspension
of the rules and H.R. 6290 was received in the Senate.
No further action was taken on H.R. 6290 in the 117th
Congress.
On February 24, 2021, H.R. 1314 was introduced by
Representatives Schakowsky (IL-09) and 16 original cosponsors
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Consumer
Protection and Commerce on February 25, 2021.
On June 22, 2021, H.R. 1314 was considered in the House
under suspension of the rules and passed the House by a voice
vote on June 23, 2021.
On June 24, 2021, H.R. 1314 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. 1314 in the 117th
Congress.
On June 23, 2021, H.R. 4081 was introduced by
Representatives Curtis (UT-03) and Moulton (MA-06) and referred
to the Committee on Energy and Commerce. Subsequently, the bill
was referred to the Subcommittee on Consumer Protection and
Commerce on June 24, 2021.
On May 26, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on nine bills,
including H.R. 6290. The witnesses included Kaitlin Kraska,
Director of Federal Legislation, Government Relations, American
Society for the Prevention of Cruelty to Animals; Julie Menin,
Former Commissioner, New York City Department of Consumer
Affairs; Hadley Heath Manning, Vice President for Policy,
Independent Women's Forum; Michael O'Neal, Vice President--
Corporate Underwriting, First American Title Insurance Company;
Trista Hamsmith, Founder and Reese's Mom, Reese's Purpose; Eric
D. Hagopian, CEO and President, Pilot Precision Products; and
Tori Barnes, Executive Vice President, Public Affairs and
Policy, U.S. Travel Association.
On June 23, 2022, the Subcommittee on Consumer Protection
and Commerce met in open markup session, pursuant to notice, to
consider H.R. 4081 and seven other bills. No amendments were
offered during consideration of the bill. Upon conclusion of
consideration of the bill, the Subcommittee on Consumer
Protection and Commerce agreed to report the bill favorably to
the full Committee, without amendment, by a roll call vote of
21 yeas to zero nays.
On July 20, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4081 and five
other bills. During consideration of the bill, no amendments
were offered. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 4081 reported favorably to the House, without amendment,
by a roll call vote of 53 yeas to zero nays.
On September 28, 2022, H.R. 4081 was reported to the House
by the Committee on Energy and Commerce (H. Rept. 117-509). On
September 29, 2022, H.R. 4081 passed the House under suspension
of the rules.
On October 11, 2022, H.R. 4081 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. 4081 in the 117th
Congress.
On July 20, 2021, H.R. 4551, was introduced by
Representative Bilirakis (FL-12) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Consumer Protection and Commerce on July
21, 2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 4530. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
On June 23, 2022, the Subcommittee on Consumer Protection
and Commerce met in open markup session, pursuant to notice, to
consider H.R. 4551 and seven other bills. No amendments were
offered during consideration of the bill. Upon conclusion of
consideration of the bill, the Subcommittee on Consumer
Protection and Commerce agreed to report the bill favorably to
the full Committee, without amendment, by a roll call vote of
22 yeas to 0 nays.
On July 20, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4551 and five
other bills. No amendments were offered during consideration of
the bill. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 4551 reported favorably to the House, amended, by a roll
call vote of 53 yeas to 0 nays.
On July 26, 2022, H.R. 4551 was reported to the House by
the Committee on Energy and Commerce (H. Rept. 117-439). On
July 27, 2022, H.R. 4551 passed the House under suspension of
the rules.
On July 28, 2022, H.R. 4551 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. 4551 in the 117th
Congress.
On March 7, 2022, H.R. 6965 was introduced by
Representatives Titus (NV-1), Case (HI-01), and Young (AK-AL)
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Consumer
Protection and Commerce on March 8, 2022.
On May 26, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on nine bills,
including H.R. 6965. The witnesses included Kaitlin Kraska,
Director of Federal Legislation, Government Relations, American
Society for the Prevention of Cruelty to Animals; Julie Menin,
Former Commissioner, New York City Department of Consumer
Affairs; Hadley Heath Manning, Vice President for Policy,
Independent Women's Forum; Michael O'Neal, Vice President--
Corporate Underwriting, First American Title Insurance Company;
Trista Hamsmith, Founder and Reese's Mom, Reese's Purpose; Eric
D. Hagopian, CEO and President, Pilot Precision Products; and
Tori Barnes, Executive Vice President, Public Affairs and
Policy, U.S. Travel Association.
The bill was discharged from the Subcommittee on Consumer
Protection and Commerce on September 21, 2022.
On September 21, 2022, the full Committee met in open
markup session, pursuant to notice, to consider H.R. 6965 and
23 other bills. During consideration of the bill, an amendment
in the nature of a substitute (AINS), offered by Representative
Soto (FL-09), was agreed to by a voice vote. Upon conclusion of
consideration of the bill, the full Committee agreed to a
motion on final passage offered by Representative Pallone,
Chairman of the Committee, to order H.R. 6965 reported
favorably to the House, amended, by a roll call vote of 56 yeas
to 0 nays.
On September 28, 2022, the Committee on Foreign Affairs and
the Committee on the Judiciary discharged consideration of the
bill and H.R. 6965 was placed on the Union Calendar (Calendar
No. 398). That same day, H.R. 6965 was considered in the House
under suspension of the rules. On September 28, 2022, H.R. 6965
passed the House, as amended, by a roll call vote of 325 yeas
to 93 nays (Roll no. 466).
On October 11, 2022, H.R. 6965 was received in the Senate.
No further action was taken on H.R. 6965 in the 117th
Congress.
Protecting Seniors From Emergency Scams Act
H.R. 446
To require the FTC to submit a report to Congress on scams
targeting seniors, and for other purposes.
Summary
This bill requires the FTC to report on, and increase
awareness regarding, scams targeting older adults.
Specifically, the commission must: report on the number and
type of scams that target older adults and provide policy
recommendations to prevent such scams; revise the commission's
web portal with current information about such scams, including
contact information for law enforcement and adult protective
services agencies; and coordinate with media outlets and law
enforcement to disseminate such information.
Legislative History
On January 25, 2021, H.R. 446 was introduced by
Representatives Kelly (IL-02) and Balderson (OH-12) and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on February 2, 2021.
On April 14, 2021, H.R. 446 was considered in the House
under suspension of the rules. On April 15, 2021, H.R. 446
passed the House under suspension of the rules by a recorded
vote of 413 yeas to 8 nays (Roll no. 110).
On April 19, 2021, H.R. 446 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. 446 in the 117th
Congress.
Covid-19 Price Gouging Prevention Act
H.R. 675
To prohibit price gouging in connection with the public
health emergency resulting from COVID-19, and for other
purposes.
Summary
This legislation prohibits the sale of consumer goods and
services during the COVID-19 pandemic public health emergency
at prices that (i) are unconsciously excessive and (ii)
indicate that the seller is using the public health emergency
to increase prices unreasonably. Under the legislation, the FTC
is directed to consider certain factors in determining whether
price gouging has occurred, including whether the price
reasonably reflects additional costs to the seller or the
profitability of forgone sales. The legislation authorizes the
FTC to seek civil penalties for a first offense and provides
authority to state attorneys general to enforce the
requirements of the bill.
Legislative History
On February 1, 2021, H.R. 675 was introduced by
Representative Schakowsky (IL-09) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Consumer Protection and Commerce on
February 2, 2021.
That same day, the Subcommittee on Consumer Protection and
Commerce held a legislative hearing on H.R. 675. The witnesses
included Alex Harman, Competition Policy Advocate, Public
Citizen; Rakeen Mabud, Ph.D., Managing Director of Policy and
Research and Chief Economist, Groundwork Collaborative; Sarah
Frasch, Chief Deputy Attorney General and Director, Bureau of
Consumer Protection, Pennsylvania Office of the Attorney
General; and Glenn Richey, Ph.D., Harbert Eminent Scholar and
Chair, Department of Supply Chain Management, Auburn University
Harbert College of Business.
No further action was taken on H.R. 675 in the 117th
Congress.
Consumer Protection and Recovery Act
H.R. 2668
To amend the Federal Trade Commission Act to affirmatively
confirm the authority of the FTC to seek permanent injunctions
and other equitable relief for violations of any provision of
law enforced by the Commission.
Summary
This legislation amends section 13(b) of the FTC Act to
provide the FTC with express authority to obtain both
injunctive and monetary equitable relief for all violations of
those laws it enforces. It adds a new subsection (e) to section
13 of the FTC Act that specifies types of equitable relief the
FTC may pursue: restitution for losses, contract reformation
and recission, money refunds, and the return of property. The
new subsection (e) also provides the FTC disgorgement authority
to seek court orders requiring bad actors repay unjust gains
acquired in violation of the law. Any amount a court orders to
be returned in equitable relief must be offset by any amount
the court orders be paid in disgorgement. Any equitable relief
under this provision is allowed for violations occurring up to
ten years prior to the date a suit is filed, including those
violations that occur after the suit is filed. This ten-year
period is extended when relief is sought for individuals who
are outside of the United States during this period.
H.R. 2668 also provides that the FTC may seek temporary
restraining orders and preliminary injunctions without bond and
that any relief sought under section 13(b) may be for past
violations in addition to ongoing and imminent violations. The
bill applies to any currently pending FTC action or proceeding
in addition to those commenced on or after, the date of
enactment.
Legislative History
On April 20, 2021, H.R. 2668 was introduced by
Representative Cardenas (CA-29) and 13 other original
cosponsors and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on April 21,
2021.
On April 27, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing H.R. 2668. Testimony
was received from The Honorable Rebecca K. Slaughter, Acting
Chairwoman, Federal Trade Commission; Anna Laitin, Director
Financial Fairness and Legislative Strategy, Consumer Reports;
Ted Mermin, Executive Director Center for Consumer Law and
Economic Justice, Lecturer, University of California, Berkley
School of Law; and Dr. J. Howard Beales, Professor Emeritus of
Strategic Management and Public Policy, George Washington
University.
The Subcommittee on Consumer Protection and Commerce met in
virtual open markup session, pursuant to notice, to consider
H.R. 2668 on May 27, 2021. During consideration of the bill,
Representative Rodgers (WA-05) offered a motion to postpone
consideration of H.R. 2668 until June 16, 2021. A motion to
table the Rodgers's motion to postpone consideration until June
16, 2021, offered by Representative Pallone (NJ-06), was agreed
to by a roll call vote of 14 yeas to 9 nays (CPC Roll call no.
01). Subsequently, Representative Bilirakis (FL-12) offered a
motion to postpone consideration of H.R. 2668 indefinitely. A
motion to table the Bilirakis motion to postpone indefinitely,
offered by Representative Pallone, was agreed to by a roll call
vote of 13 yeas to 7 nays (CPC Roll call no. 02).
After deliberation of the motions offered to postpone
consideration of H.R. 2668, an amendment in the nature of a
substitute (AINS) offered by Representative Cardenas was agreed
to by a voice vote. An amendment to the Cardenas AINS, offered
by Representative Armstrong (ND-AL), was defeated by a roll
call vote of 7 yeas to 14 nays (CPC Roll call no. 03). An
amendment to the Cardenas AINS, offered by Representative Latta
(OH-5), was defeated by a roll call vote of 8 yeas to 14 nays
(CPC Roll call no. 04). Five amendments to the Cardenas AINS,
offered by Representative Bilirakis, were withdrawn.
Representatives Armstrong, Guthrie (KY-2), and Dunn (FL-2) each
offered an amendment to the Cardenas AINS but withdrew the
amendments. Upon conclusion of consideration of the bill, the
Subcommittee ordered H.R. 2668 reported favorably to the full
Committee, amended, by a voice vote.
On June 10, 2021, the full Committee met in virtual open
markup session to consider H.R. 2668. During consideration of
the bill, an AINS offered by Representative Cardenas was agreed
to by a voice vote. An amendment to the Crdenas AINS, offered
by Representative Bilirakis, was defeated by a roll call vote
of 25 yeas to 28 nays (Roll call no. 27). Two amendments,
offered by Representative Duncan and Representative Rodgers,
were ruled out of order by the Chairman because the amendments
violate House Rule XVI, clause 7. Representative Pallone,
Chairman of the Committee, offered a motion to order H.R. 2668
reported favorably to the House, amended. The motion on final
passage was agreed to by a roll call vote of 30 yeas to 22 nays
(Roll call no. 28), a quorum being present.
On July 16, 2021, the Committee on Energy and Commerce
reported H.R. 2668, as amended, (H. Rept. 117-90, Part 1). On
that same day, the Committee on Judiciary discharged the bill,
and it was placed on the Union Calendar (Calendar No. 64).
On July 20, 2021, H.R. 2668 was considered in the House and
passed by a recorded vote of 221 yeas and 205 nays (Roll no.
214).
On July 21, 2021, H.R. 2668 was received in the Senate.
No further action was taken on H.R. 2668 in the 117th
Congress.
Solidifying Habitual and Institutional Explanations of Liability and
Defenses (SHIELD) Act
H.R. 2671
To amend the Federal Trade Commission Act to specify
certain effects of guidelines, general statements of policy,
and similar guidance issued by the FTC.
Summary
This legislation would prohibit FTC from basing an
enforcement action on guidelines, policy statements, or other
guidance rather than statutory provisions enforced by the FTC.
However, the bill allows for compliance with FTC guidelines,
policy statements, or other guidance to be used by companies as
evidence of compliance with a statute in any FTC enforcement
action.
Legislative History
On April 20, 2021, H.R. 2671 was introduced by Rep.
Armstrong (ND-AL) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on April 21,
2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 2671. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner,
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 2671 in the 117th
Congress.
FTC Robust Elderly Protections and Organizational Requirements To Track
Scams (FTC REPORTS) Act
H.R. 2672
To amend the Federal Trade Commission Act to require an
annual plan and a report on elder fraud, and for other
purposes.
Summary
This legislation would require FTC to publish an annual
plan for the next year of its projected activities, including
policy priorities; planned rulemakings and guidance documents;
planned commission or working group restructurings; planned
workshops, conferences, and reports; and projected timelines
for these activities. The bill would also require a separate
report on enforcement actions involving elder fraud for the
previous calendar year.
Legislative History
On April 20, 2021, H.R. 2672 was introduced by
Representative Bilirakis (FL-12) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Consumer Protection and Commerce on April
21, 2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 2672. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 2672 in the 117th
Congress.
Revealing Economic Conclusions for Suggestions (RECS) Act
H.R. 2676
To amend the Federal Trade Commission Act to require that
any legislative recommendation of the FTC be accompanied by an
economic analysis and include a description of the rationale
for the recommended legislation.
Summary
This legislation would require the FTC's Bureau of
Economics to conduct a cost-benefit analysis for any
legislative, regulatory, or enforcement recommendations,
including a rationale for the FTC's determination that private
markets or public institutions could not adequately address the
issue that is the subject of the recommendation.
Legislative History
On April 20, 2021, H.R. 2676 was introduced by Rep. Bucshon
(IN-08) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on April 21, 2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 2676. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner,
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 2676 in the 117th
Congress.
Technological Innovation Through Modernizing Enforcement (TIME) Act
H.R. 2677
To amend the Federal Trade Commission Act to require a time
limitation for consent orders, and for other purposes.
Summary
This legislation would place an eight-year cap on consent
decrees ordered in FTC enforcement actions. The bill would also
require review of all FTC consent decrees five years after the
decree is entered into, unless a particular case is related to
alleged fraud and the FTC determines that the decree should
last longer based on consideration of the impact on
technological progress and risk of future violations of the
decree. FTC consent decrees are generally in place for 20 years
under current practice.
Legislative History
On April 20, 2021, H.R. 2677 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 Consumer Protection and Commerce on April 21,
2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 2677. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner,
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 2677 in the 117th
Congress.
Clarifying Legality and Enforcement Action Reasoning (CLEAR) Act
H.R. 2690
To amend the Federal Trade Commission Act to require annual
reports to Congress regarding the status of investigations of
unfair or deceptive acts or practices in or affecting commerce.
Summary
This legislation would require FTC to submit an annual
report to Congress that includes the number of investigations
begun, number of investigations closed with no official action,
the disposition of investigations that have resulted in
official action, and for each investigation that closed without
action, an explanation of the legal analysis supporting the
agency's decision to close the investigation.
Legislative History
On April 20, 2021, H.R. 2690 was introduced by
Representative Guthrie (KY-2) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on April 21,
2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 2690. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner,
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 2690 in the 117th
Congress.
Statement on Unfairness Reinforcement and Emphasis (SURE) Act
H.R. 2702
To amend the Federal Trade Commission Act to include
requirements for declaring an unlawful act or practice, and for
other purposes.
Summary
This legislation would prohibit FTC from declaring an act
or practice unfair unless the act or practice is likely to
cause substantial injury not reasonably avoidable by consumers
and not outweighed by countervailing benefits to consumers,
competition, or society generally. Under the bill, an act or
practice does not cause substantial injury if the resulting
harm is trivial or merely speculative. Acts or practices are
not unfair unless found to be injurious in net effect,
requiring the FTC consider various ``costs'' for consumer
remedies including increased paperwork, regulatory burden, and
reduced incentives to capital formation. The bill mirrors
select language in FTC's policy statement on unfairness written
in 1980.
Legislative History
On April 20, 2021, H.R. 2702 was introduced by Rep. Mullin
(OK-2) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on April 21, 2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 2702. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner,
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 2702 in the 117th
Congress.
Global Investment in American Jobs Act
H.R. 2907
To direct the Secretary of Commerce, in coordination with
the heads of other relevant Federal departments and agencies,
to conduct an interagency review of and report to Congress on
ways to increase the global competitiveness of the United
States in attracting foreign direct investment.
Summary
This legislation requires the Department of Commerce (DOC)
to conduct an interagency review of the global competitiveness
of the United States in attracting FDI and addressing trade
barriers affecting firms in advanced technology sectors.
Legislative History
On April 30, 2021, H.R. 2907 was introduced by
Representative Pence (IN-06) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on May 3,
2021.
On October 14, 2021, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on ten
bills, including H.R. 2907. Testimony was received from
Caolionn O'Connell, Ph.D., Senior Physical Scientist, RAND
Corporation; Scott Paul, President, Alliance for American
Manufacturing; Eric Sills, CEO, Standard Motor Products; and
Scott Lincicome, Senior Fellow, Economic Studies, CATO
Institute.
No further action was taken on H.R. 2907 in the 117th
Congress.
Online Consumer Protection Act
H.R. 3067
To clarify that a violation of certain terms of service and
related materials is an unfair or deceptive act or practice and
subject to enforcement by the FTC.
Summary
This legislation requires social media platforms and online
marketplaces to establish, maintain, and disclose written terms
of service and create consumer protection programs to ensure
compliance with applicable consumer protection laws. The bill
requires implementation through rulemaking under the
Administrative Procedure Act (APA) and provides for enforcement
by the FTC and state attorneys general and allows them to seek
civil penalties. It also allows for individuals to sue when
harmed by violations of the Online Consumer Protection Act and
invalidates forced arbitration agreements.
The bill also expressly states that section 230 of the
Communications Decency Act (section 230) does not limit
liability with respect to violations of the bill. Furthermore,
the bill would amend section 230 to clarify that it does not
apply to FTC enforcement actions.
Legislative History
On May 7, 2021, H.R. 3067 was introduced by Representative
Schakowsky (IL-09) 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,
2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 3067. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner,
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Default, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 3607 in the 117th
Congress.
Save America's Forgotten Equines (SAFE) Act
H.R. 3355
To amend the Horse Protection Act to prohibit the shipping,
transporting, moving, delivering, receiving, possessing,
purchasing, selling, or donation of horses and other equines to
be slaughtered for human consumption, and for other purposes.
Summary
This legislation prohibits the shipping, transporting,
moving, delivering, receiving, possessing, purchasing, selling,
or donation by a person of any horse or other equine that the
person has reason to believe will be slaughtered for human
consumption.
Legislative History
On May 19, 2021, H.R. 3355 was introduced by
Representatives Schakowsky (IL-09) and Buchanan (FL-16) 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, 2021.
On May 26, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on nine bills,
including H.R. 3355. The witnesses included Kaitlin Kraska,
Director of Federal Legislation, Government Relations, American
Society for the Prevention of Cruelty to Animals; Julie Menin,
Former Commissioner, New York City Department of Consumer
Affairs; Hadley Heath Manning, Vice President for Policy,
Independent Women's Forum; Michael O'Neal, Vice President--
Corporate Underwriting, First American Title Insurance Company;
Trista Hamsmith, Founder and Reese's Mom, Reese's Purpose; Eric
D. Hagopian, CEO and President, Pilot Precision Products; and
Tori Barnes, Executive Vice President, Public Affairs and
Policy, U.S. Travel Association.
On June 23, 2022, the Subcommittee on Consumer Protection
and Commerce met in open markup session to consider H.R. 3355
and seven other bills. During consideration of the bill, an
amendment in the nature of a substitute (AINS), offered by
Representative Schakowsky, was agreed to by a voice vote. An
amendment to the AINS was withdrawn. Upon conclusion of
consideration of the bill, the Subcommittee on Consumer
Protection and Commerce agreed to report the bill favorably to
the full Committee, amended, by a voice vote.
No further action was taken on H.R. 3355 in the 117th
Congress.
Social Media Disclosure and Transparency of Advertisements (Social
Media DATA) Act
H.R. 3451
To require covered platforms to provide information about
their advertising to academic researchers, and for other
purposes.
Summary
This legislation requires the FTC to issue regulations that
require large digital advertising platforms to maintain and
grant academic researchers and the FTC access to ad libraries
that contain specific data on advertisements in a searchable,
machine-readable format. The ad library must include details
about the advertisements such as the ad targeting method,
descriptions of the targeted audience for each advertisement,
and the language contained within the ad. The bill also
requires the FTC to convene a working group of stakeholders to
provide guidance to Congress and the public on a set of best
practices for social media research.
Legislative History
On May 20, 2021, H.R. 3451 was introduced by Representative
Trahan (MA-03) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on May 31,
2021.
On December 9, 2021, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on seven
bills, including H.R. 3451. The witnesses included Jonathan
Greenblatt, CEO and National Director, Anti-Defamation League;
Nathalie Marechal, Ph.D., Senior Policy and Partnerships
Manager, Ranking Digital Rights; Imran Ahmed, CEO, Center for
Countering Digital Hate; Josh Golin, Executive Director,
Fairplay; Rick Lane, CEO, Iggy Ventures, LLC; and Jessica Rich,
Of Counsel, Kelley Drye, Former Director, Bureau of Consumer
Protection, Federal Trade Commission.
No further action was taken on H.R. 3451 in the 117th
Congress.
Algorithmic Justice and Online Platform Transparency Act
H.R. 3611
To prohibit the discriminatory use of personal information
by online platforms in any algorithmic process, to require
transparency in the use of algorithmic processes and content
moderation, and for other purposes.
Summary
This legislation prohibits online platforms from using an
algorithmic process in a manner that is not safe and effective,
i.e., in a manner that harms users or fails to take reasonable
steps to ensure algorithms achieve their intended purposes. The
bill also prohibits the use of algorithmic processes that
discriminate based on race, age, gender, ability, and other
protected characteristics. The bill further requires platforms
to describe to users the types of algorithmic processes they
use and to maintain detailed records describing these processes
for review by the FTC. The bill also creates an inter-agency
task force to examine discriminatory algorithmic processes.
Legislative History
On May 28, 2021, H.R. 3611 was introduced by Representative
Matsui (CA-06) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on May 31,
2021.
On December 9, 2021, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on seven
bills, including H.R. 3611. The witnesses included Jonathan
Greenblatt, CEO and National Director, Anti-Defamation League;
Nathalie Marechal, Ph.D., Senior Policy and Partnerships
Manager, Ranking Digital Rights; Imran Ahmed, CEO, Center for
Countering Digital Hate; Josh Golin, Executive Director,
Fairplay; Rick Lane, CEO, Iggy Ventures, LLC; and Jessica Rich,
Of Counsel, Kelley Drye, Former Director, Bureau of Consumer
Protection, Federal Trade Commission.
No further action was taken on H.R. 3611 in the 117th
Congress.
Consumer Safety Technology Act
H.R. 3723
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 FTC to study and
report on the use of blockchain technology and digital tokens,
respectively.
Summary
This bill requires various agencies to explore the use of
emerging technologies in the context of consumer products and
safety. First, the Consumer Product Safety Commission must
consult with relevant stakeholders, such as data scientists and
product manufacturers, and use artificial intelligence in a
pilot program for a least one of the following processes: (1)
tracking trends in injuries involving consumer products, (2)
identifying consumer product hazards, (3) monitoring the sale
of recalled consumer products, or (4) identifying consumer
products that do not meet specified importation requirements
related to product safety.
Additionally, the Department of Commerce must consult with
the FTC and other relevant agencies to study potential
applications of blockchain technology (i.e., the technology
that supports digital currencies such as Bitcoin), including
the use of such technology to address fraud and other unfair or
deceptive practices.
Finally, the FTC must report on its efforts to address
unfair or deceptive trade practices related to digital tokens
(i.e., transferable units of a digital currency).
Legislative History
On June 4, 2021, H.R. 3723 was introduced by
Representatives McNerney (CA-09), Burgess (TX-26), Soto (FL-
09), Guthrie (KY-02), and Davidson (OH-08) and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on June 7, 2021.
On June 22, 2021, H.R. 3723 was considered in the House
under a motion to suspend the Rules and passed by a voice vote.
On June 24, 2021, H.R. 3723 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. 3723 in the 117th
Congress.
Pandemic Effects on Home Safety and Tourism Act
H.R. 3752
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 bill requires studies and reports about the effects of
COVID-19 (i.e., coronavirus disease 2019) with respect to
tourism and consumer product safety.
Specifically, the Consumer Product Safety Commission must
report, and make available to the public, information about
injuries and deaths from consumer products during the COVID-19
public health emergency. The report must be submitted every
three months for the duration of the emergency.
Additionally, the Department of Commerce, in consultation
with appropriate stakeholders, must study and report about the
effects of the pandemic on the travel and tourism industry.
Commerce must consider metrics including changes in employment
rate, sales, and business revenue, and it must provide the
opportunity for public comment. An interim study and report
must be submitted not later than three months after the
enactment of this bill.
Legislative History
On June 8, 2021, H.R. 3752 was introduced by
Representatives Cardenas (CA-29), Castor (FL-14), Davis (IL-
13), and Upton (MI-06) and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on June 9,
2021.
On June 22, 2021, H.R. 3752 was considered in the House
under a motion to suspend the Rules and passed by a voice vote
the next day.
On June 24, 2021, H.R. 3752 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. 3752 in the 117th
Congress.
Advancing Gig Economy Act
H.R. 3774
To require the Secretary of Commerce to conduct a study on
the gig economy and the impact the gig economy has on the
United States overall economy, including the impact that State
laws have had on the gig economy.
Summary
This legislation requires the DOC to study and report on
the impact of the gig economy on U.S. businesses conducting
interstate commerce.
Legislative History
On June 8, 2021, H.R. 3774 was introduced by Representative
Joyce (PA-13) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on June 9,
2021.
October 14, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on ten bills, including
H.R. 3774. The witnesses included Caolionn O'Connell, Ph.D.,
Senior Physical Scientist, RAND Corporation; Scott Paul,
President, Alliance for American Manufacturing; Eric Sills,
CEO, Standard Motor Products; and Scott Lincicome, Senior
Fellow, Economic Studies, CATO Institute.
No further action was taken on H.R. 3774 in the 117th
Congress.
Pink Tax Repeal Act
H.R. 3853
To prohibit the pricing of consumer products and services
that are substantially similar if such products or services are
priced differently based on the gender of the individuals for
whose use the products are intended or marketed or for whom the
services are performed or offered.
Summary
This legislation prohibits product manufacturers or service
providers from selling substantially similar consumer products
from the same manufacturer or substantially similar services at
different prices when those prices are based on the gender for
whom such products or services are intended or marketed.
The bill provides authority for the FTC to seek civil
penalties for violations of this Act and allows state attorneys
general to enforce these requirements.
Legislative History
On June 11, 2021, H.R. 3853 was introduced by
Representative Speier (CA-14) and 45 other original cosponsors
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Consumer
Protection and Commerce on June 14, 2021.
On May 26, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on nine bills,
including H.R. 3853. The witnesses included Kaitlin Kraska,
Director of Federal Legislation, Government Relations, American
Society for the Prevention of Cruelty to Animals; Julie Menin,
Former Commissioner, New York City Department of Consumer
Affairs; Hadley Heath Manning, Vice President for Policy,
Independent Women's Forum; Michael O'Neal, Vice President--
Corporate Underwriting, First American Title Insurance Company;
Trista Hamsmith, Founder and Reese's Mom, Reese's Purpose; Eric
D. Hagopian, CEO and President, Pilot Precision Products; and
Tori Barnes, Executive Vice President, Public Affairs and
Policy, U.S. Travel Association.
No further action was taken on H.R. 3853 in the 117th
Congress.
To Amend the Federal Trade Commission Act To Permit the Federal Trade
Commission To Enforce Such Act Against Certain Tax-Exempt Organizations
H.R. 3918
To amend the Federal Trade Commission Act to permit the FTC
to enforce such Act against certain tax-exempt organizations.
Summary
This legislation would give the FTC authority over non-
profit organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code.
Legislative History
On June 15, 2021, H.R. 3918 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 Consumer Protection and Commerce the next day.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 3918. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner,
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 3918 in the 117th
Congress.
Securing and Enabling Commerce Using Remote and Electronic Notarization
Act of 2021
H.R. 3962
To authorize notaries public to perform, and to establish
minimum standards for, electronic notarizations and remote
notarizations that occur in or affect interstate commerce, to
require any Federal court to recognize notarizations performed
by a notarial officer of any state, to require any state to
recognize notarizations performed by a notarial officer of any
other state when the notarization was performed under or
relates to a public Act, record, or judicial proceeding of the
notarial officer's state or when the notarization occurs in or
affects interstate commerce, and for other purposes.
Summary
This legislation permits remote online notarization that
meet nationwide standards and technical requirements. This bill
allows a notary public commissioned under state law to remotely
notarize electronic records and perform notarizations for
remotely-located individuals. The bill requires U.S. courts and
states to recognize remote notarizations, including remote
notarizations from notary publics commissioned in other states
or U.S. territories, that occur in or affect interstate
commerce. State laws that meet or exceed the minimum national
standards and technical requirements of the bill will remain in
effect.
Legislative History
On June 17, 2021, H.R. 3962 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 Consumer Protection and Commerce on June 18,
2021.
On May 26, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on nine bills,
including H.R. 3962. The witnesses included Kaitlin Kraska,
Director of Federal Legislation, Government Relations, American
Society for the Prevention of Cruelty to Animals; Julie Menin,
Former Commissioner, New York City Department of Consumer
Affairs; Hadley Heath Manning, Vice President for Policy,
Independent Women's Forum; Michael O'Neal, Vice President--
Corporate Underwriting, First American Title Insurance Company;
Trista Hamsmith, Founder and Reese's Mom, Reese's Purpose; Eric
D. Hagopian, CEO and President, Pilot Precision Products; and
Tori Barnes, Executive Vice President, Public Affairs and
Policy, U.S. Travel Association.
On June 23, 2022, the Subcommittee on Consumer Protection
and Commerce met in open markup session, pursuant to notice, to
consider H.R. 3962 and seven other bills. No amendments were
offered during consideration of the bill. Upon conclusion of
consideration of the bill, the Subcommittee on Consumer
Protection and Commerce agreed to report the bill favorably to
the full Committee, without amendment, by a roll call vote of
22 yeas to 0 nays.
On July 20, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 3962 and five
other bills. During consideration of the bill, an amendment in
the nature of a substitute (AINS), offered by Representative
Armstrong (ND-AL), was agreed to by a voice vote. Upon
conclusion of consideration of the bill, the full Committee
agreed to a motion on final passage offered by Representative
Pallone, Chairman of the Committee, to order H.R. 3962 reported
favorably to the House, amended, by a roll call vote of 56 yeas
to 0 nays.
On July 26, 2022, the Committee on the Judiciary discharged
consideration of the bill and H.R. 3962 was considered in the
House under suspension of the rules. On July 27, 2022, H.R.
3962 passed the House under suspension of the rules.
On July 28, 2022, H.R. 3962 was received in the Senate,
read twice, and referred to the Committee on the Judiciary.
No further action was taken on H.R. 3962 in the 117th
Congress.
Telling Everyone the Location of Data Leaving the U.S. (TELL) Act
H.R. 3991
To require that any person that maintains an internet
website or that sells or distributes a mobile application that
maintains and stores information collected from such website or
application in China to disclose that such information is
stored and maintained in the People's Republic of China and
whether the Chinese Communist Party or a Chinese state-owned
entity has access to such information.
Summary
This legislation requires a person who maintains a website
or sells or distributes a mobile app that stores information
collected from the website or app in the People's Republic of
China to disclose to users that such information is stored in
the People's Republic of China.
Legislative History
On June 17, 2021, H.R. 3991 was introduced by
Representative Duncan (SC-03) and seven other original
cosponsors and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on June 18,
2021.
On December 9, 2021, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on seven
bills, including H.R. 3991. The witnesses included Jonathan
Greenblatt, CEO and National Director, Anti-Defamation League;
Nathalie Marechal, Ph.D., Senior Policy and Partnerships
Manager, Ranking Digital Rights; Imran Ahmed, CEO, Center for
Countering Digital Hate; Josh Golin, Executive Director,
Fairplay; Rick Lane, CEO, Iggy Ventures, LLC; and Jessica Rich,
Of Counsel, Kelley Drye, Former Director, Bureau of Consumer
Protection, Federal Trade Commission.
No further action was taken on H.R. 3991 in the 117th
Congress.
Internet Application Integrity and Disclosure (Internet Application
I.D.) Act
H.R. 4000
To require any person that maintains an internet website or
that sells or distributes a mobile application that is owned,
wholly or partially, by the Chinese Communist Party or by a
non-state-owned entity located in the People's Republic of
China, to disclose that fact to any individual who downloads or
otherwise uses such application.
Summary
This legislation requires a person who maintains a website
or sells or distributes a mobile app that is owned, wholly or
partially, by the Chinese Communist Party or by a non-state-
owned entity located in the People's Republic of China to
disclose that ownership to the user.
Legislative History
On June 17, 2021, H.R. 4000 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 Consumer Protection and Commerce on June
18, 2021.
On December 9, 2021, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on seven
bills, including H.R. 4000. The witnesses included Jonathan
Greenblatt, CEO and National Director, Anti-Defamation League;
Nathalie Marchal, Ph.D., Senior Policy and Partnerships
Manager, Ranking Digital Rights; Imran Ahmed, CEO, Center for
Countering Digital Hate; Josh Golin, Executive Director,
Fairplay; Rick Lane, CEO, Iggy Ventures, LLC; and Jessica Rich,
Of Counsel, Kelley Drye, Former Director, Bureau of Consumer
Protection, Federal Trade Commission.
No further action was taken on H.R. 4000 in the 117th
Congress.
21st Century FTC Act
H.R. 4447
To amend the Federal Trade Commission Act to provide the
Commission with notice and comment rulemaking authority
respecting unfair or deceptive acts or practices and to provide
for civil penalties for violations of such Act respecting
unfair or deceptive acts or practices, and for other purposes.
Summary
This legislation would provide the FTC with independent
litigating authority to initiate enforcement actions seeking
civil penalties without coordination with the Department of
Justice.
Legislative History
On July 16, 2021, H.R. 4447 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 July 19,
2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 4447. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT ? The App Association.
No further action was taken on H.R. 4447 in the 117th
Congress.
Consumer Equity Protection Act
H.R. 4460
To establish a task force within the FTC to advise on
equity issues in the protection of consumers and to prevent
unfair and deceptive acts or practices targeting or affecting
consumers on the basis of race, color, religion, sex, national
origin, sexual orientation, disability, age, and other
protected characteristics, and for other purposes.
Summary
This legislation would establish a task force within the
FTC to advise on equity issues and prevent unfair and deceptive
acts or practices that target or affect consumers on the basis
of race, color, religion, sex, national origin, sexual
orientation, disability, age, or other protected
characteristics. The task force is directed to consult with
other applicable federal agencies to educate the public through
information on and how to report schemes targeting or affecting
specific consumer groups. The task force must also maintain a
website to provide resources to the public and coordinate the
FTC's establishment of procedures to receive relevant
complaints.
Legislative History
On July 16, 2021, H.R. 4460, 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 19,
2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 4460. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 4460 in the 117th
Congress.
Protecting Consumers in Commerce Act of 2021
H.R. 4475
To amend the Federal Trade Commission Act to permit the FTC
to enforce such Act against certain common carriers.
Summary
This legislation would give the FTC authority over certain
common carriers, including the ability to bring enforcement
actions for unfair or deceptive acts or practices.
Legislative History
On July 16, 2021, H.R. 4475, 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 July
19, 2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 4475. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 4475 in the 117th
Congress.
DHS Trade and Economic Security Council Act of 2021
H.R. 4476
To establish the Department of Homeland Security (DHS)
Trade and Economic Security Council and the position of
Assistant Secretary for Trade and Economic Security within the
Department of Homeland Security, and for other purposes.
Summary
This legislation would solidify economic security efforts
at DHS by codifying two existing entities: (1) the DHS Trade
and Economic Security Council, and (2) the position of
Assistant Secretary for Trade and Economic Security within the
Office of Strategy, Policy, and Plans. The Council would
provide advice and recommendations to the Secretary related to
the economic security of the homeland, which would include
identifying concentrated risks for economic security, setting
priorities for securing the nation's economic security,
coordinating Department-wide activity on economic security
matters, and proposing statutory and regulatory changes
impacting economic security. The Council would be chaired by
the Assistant Secretary for Trade and Economic Security and
consist of members appointed by the Chair from at least nine
specific DHS components or offices, along with advisory members
from other components as determined by the Chair. The Council
would be required to meet at least quarterly and provide
regular briefings to Congress. The Assistant Secretary would
advise the Secretary regarding matters relating to U.S.
critical economic security domains, oversee related activities
within the Department, and coordinate with relevant
stakeholders across the government and private sector.
Legislative History
On July 16, 2021, H.R. 4476 was introduced by
Representative Meijer (MI-03) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on July 19,
2021.
On February 1, 2022, H.R. 4476 was discharged from the
Committee on Energy and Commerce and placed on the Union
Calendar (Calendar No. 172).
On April 5, 2022, H.R. 4476 was considered in the House
under a motion to suspend the Rules and passed by a recorded
vote of 348 yeas and 75 nays (Roll no. 112).
On April 6, 2022, H.R. 4476 was received in the Senate and
Read twice and referred to the Committee on Homeland Security
and Government Affairs.
No further action was taken on H.R. 4476 in the 117th
Congress.
Veterans and Service Member Consumer Protection Act
of 2021
H.R. 4483
To establish a coordinator within the FTC to prevent fraud
and scams targeting or adversely affecting military veterans
and servicemembers, and for other purposes.
Summary
This legislation would establish a coordinator within the
FTC to prevent fraud and scams targeting or adversely affecting
military veterans and servicemembers. The coordinator shall
consult with other applicable federal agencies to educate
military veterans and servicemembers on schemes targeting them
and disseminate information for reporting such schemes to the
FTC. The coordinator must also maintain a website to provide
resources to military veterans and servicemembers and
coordinate the FTC's establishment of procedures to receive
complaints made by military veterans and servicemembers.
Legislative History
On July 16, 2021, H.R. 4483, was introduced by
Representatives Rice (NY-04) and Upton (MI-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 19, 2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 4483. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 4483 in the 117th
Congress.
America Creating Opportunities for Manufacturing, Pre-Eminence in
Technology and Economic Strength Act of 2022
H.R. 4521 (H.R. 5479, H.R. 5492, H.R. 5495, H.R. 5505, H.R. 3848, H.R.
4594, H.R. 5502)
To provide for a coordinated Federal research initiative to
ensure continued United States leadership in engineering
biology.
Summary
Title II, Subtitle A, Section 20201 of H.R. 4521
incorporates H.R. 5479, H.R. 5492, H.R. 5495, and H.R. 5505.
This section creates a Supply Chain Resiliency and Crisis
Response Office (Office) in the Department of Commerce (DOC)
charged with leading a governmentwide approach to supply chain
resilience, supporting the availability of critical goods, and
preparing for and responding to supply chain shocks. The Office
is led by an Assistant Secretary appointed by the President
with the advice and consent of the Senate.
Title II, Subtitle A, Section 20202 of H.R. 4521
incorporates H.R. 5492. This section requires the Assistant
Secretary to develop and implement a strategy to support the
resilience, diversity, security, and strength of supply chains.
The strategy must detail how the Assistant Secretary will
implement the requirements under this subtitle, including
mitigating supply chain vulnerabilities, incentivizing domestic
production of critical goods, and addressing supply chain
threats from countries of concern. The Assistant Secretary is
also required to detail how the Office will coordinate with
other offices and bureaus within the DOC on supporting supply
chain resilience.
Title II, Subtitle A, Section 20203 of H.R. 4521
incorporates H.R. 5479. This section requires the Assistant
Secretary, in consultation with a coordination group
established under this section, to map, monitor, and model
supply chains to identify supply chain vulnerabilities and
opportunities to address threats. The Assistant Secretary is
also required to designate, through a public notice and comment
process, critical industries, supply chains, and critical
goods. Further, the Assistant Secretary is directed to produce
a quadrennial report on the state of the nation's supply chain
resilience, which must include an assessment of the supply and
demand of critical goods, the state of domestic manufacturing,
and the ability of the United States to prepare for and respond
to supply chain shocks. This section authorizes $500 million
for the period of FY 2022 through 2027 for the Assistant
Secretary to carry out these activities.
Title II, Subtitle A, Section 20204 of H.R. 4521
incorporates H.R. 5495 and H.R. 5492. This section authorizes
$45 billion for the period of FY 2022 through 2027 for the
Assistant Secretary to provide grants, loans, and loan
guarantees that support the resilience, diversity, security,
and strength of supply chains, including for activities that
support the manufacturing or acquisition of critical goods,
enhance manufacturing facilities, and create surge capacity.
The Assistant Secretary is permitted to provide financial
assistance to domestic manufacturers and enterprises, state and
local governments, Tribal governments, manufacturing extension
partnership centers, Manufacturing USA institutes, institutions
of higher education, and nonprofit organizations.
Title II, Subtitle A, Section 20205 of H.R. 4521
incorporates H.R. 5505. This section requires the Assistant
Secretary to facilitate and support the development of a
voluntary set of standards, guidelines, and best practices that
can be adopted by the private sector to measure supply chain
resilience, evaluate the value of supply chain resilience, and
reduce the risk of supply chain shocks. The Assistant Secretary
is authorized $500 million for the period of FY 2022 through
2027 to carry out these activities.
Title II, Subtitle A, Section 20206 of H.R. 4521
incorporates H.R. 5495 and H.R. 5492. This section requires the
Inspector General (IG) of the DOC conduct an audit of the
Office to evaluate the effectiveness of the Assistant Secretary
at implementing the requirements under this subtitle. The IG is
authorized $5 million for the period of FY 2022 through 2027 to
carry out the audit.
Title II, Subtitle A, Section 20207 of H.R. 4521 requires
the DOC to establish a database and online toolkit where United
States' businesses may voluntarily submit supply chain
information.
Title II, Subtitle A, Section 20209 of H.R. 4521
incorporates H.R. 5479, H.R. 5492, H.R. 5495, and H.R. 5505.
This section establishes the definitions for key terms used
throughout the subtitle.
Title II, Subtitle A, Section 20210 of H.R. 4521 requires
the DOC and DOT to produce a report on the major supply chain
chokepoints.
Title II, Subtitle A, Section 20211 of H.R. 4521 requires
the DOC to issue a report detailing actions that can be
implemented within 30 days to immediately address the supply
chain crisis.
Title II, Subtitle A, Section 20212 of H.R. 4521
incorporates H.R. 3848. This section creates a congressionally
charted commission to make recommendations to Congress on
maintaining and bolstering supply chains.
Title II, Subtitle B, Section 20211 of H.R. 4521
establishes within the DOC a National Manufacturing Advisory
Council that is required to provide recommendations on worker
education, training, development, and entrepreneurship
training; connecting individuals and businesses with workforce
development services; coordinating services relating to
employee engagement; developing and supporting training and job
placement services and apprenticeship and online learning
platforms; developing programming to prevent job losses; and
developing best practices for employee ownership.
Title II, Subtitle B, Section 20212 of H.R. 4521
incorporates H.R. 4594. This section requires the Secretary of
the Treasury to make $250 million available from unobligated
balances collected by the Travel Promotion Fund before October
1, 2020, for use by the Corporation for Travel Promotion,
commonly known as ``Brand USA.''
Title II, Subtitle B, Section 20213 of H.R. 4521
incorporates H.R. 5502. This section directs online platforms
that allow for third-party sellers of consumer products to
verify the identity of high-volume third-party sellers,
enabling consumers to identify basic identification and contact
information for certain high-volume third-party sellers.
Title II, Subtitle B, Section 20215 of H.R. 4521 requires
the Government Accountability Office (GAO) to submit to
Congress a report on the global semiconductor supply shortage
and the impact of that shortage on manufacturing in the United
States.
Legislative History
On July 19, 2021, H.R. 4521 was introduced by
Representatives Johnson (TX-30) and Lucas (OK-03) referred to
the Committee on Science, Space, and Technology, the Committee
on Agriculture, and the Committee on Energy and Commerce.
On January 19, 2022, the Committee on Science, Space, and
Technology reported H.R. 4521 to the House (H. Rept. 117-235,
Part I). On February 2, 2022, H.R. 4521 was considered in the
House. On February 4, 2022, H.R. 4521 was passed in the House,
amended, by a recorded vote of 222 yeas to 210 nays (Roll Call
No. 31).
On February 17, 2022, H.R. 4521 was received in the Senate.
On March 28, 2022, H.R. 4521 passed the Senate having achieved
60 votes in the affirmative, with an amendment by a recorded
vote of 68 yeas to 28 nays (Record Vote Number: 109). On March
29, 2022, the message on Senate action sent to the House.
On March 31, 2022, a motion that the House disagree to the
Senate amendment, and request a conference was agreed to
without objection. On April 4, 2022, the Speaker appointed
conferees--from the Committee on Energy and Commerce for
consideration of the House bill and the Senate amendment, and
modifications committed to conference: Pallone, Eshoo,
Schakowsky, Matsui, Tonko, Blunt Rochester, Soto, Rodgers (WA),
Bucshon, Carter (GA), Duncan, and Crenshaw.
No further action was taken on H.R. 4521 in the 117th
Congress.
On October 5, 2021, H.R. 5479 was introduced by
Representatives Bourdeaux (GA-07), Kelly (IL-02), and Kinzinger
(IL-16) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on October 6, 2021.
The Subcommittee held a legislative hearing on the bill on
October 14, 2021. Testimony was received from Caolionn
O'Connell, Ph.D., Senior Physical Scientist, RAND Corporation;
Scott Paul, President, Alliance for American Manufacturing;
Eric Sills, CEO, Standard Motor Products; and Scott Lincicome,
Senior Fellow, Economic Studies, CATO Institute.
No further action was taken on H.R. 5479 in the 117th
Congress.
On October 5, 2021, H.R. 5492 was introduced by
Representatives Kinzinger, Malinowski (NJ-07), and Blunt
Rochester (DE-AL) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on October 6,
2021.
The Subcommittee held a legislative hearing on the bill on
October 14, 2021. Testimony was received from Caolionn
O'Connell, Ph.D., Senior Physical Scientist, RAND Corporation;
Scott Paul, President, Alliance for American Manufacturing;
Eric Sills, CEO, Standard Motor Products; and Scott Lincicome,
Senior Fellow, Economic Studies, CATO Institute.
No further action was taken on H.R. 5492 in the 117th
Congress.
On October 5, 2021, H.R. 5495 was introduced by
Representatives Malinowski, Kinzinger, and Kelly and referred
to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on October 6, 2021.
The Subcommittee held a legislative hearing on the bill on
October 14, 2021. Testimony was received from Caolionn
O'Connell, Ph.D., Senior Physical Scientist, RAND Corporation;
Scott Paul, President, Alliance for American Manufacturing;
Eric Sills, CEO, Standard Motor Products; and Scott Lincicome,
Senior Fellow, Economic Studies, CATO Institute.
No further action was taken on H.R. 5495 in the 117th
Congress.
On October 5, 2021, H.R. 5505 was introduced by
Representatives Wild (PA-07), Kinzinger, and Dingell and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on October 6, 2021.
The Subcommittee held a legislative hearing on the bill on
October 14, 2021. Testimony was received from Caolionn
O'Connell, Ph.D., Senior Physical Scientist, RAND Corporation;
Scott Paul, President, Alliance for American Manufacturing;
Eric Sills, CEO, Standard Motor Products; and Scott Lincicome,
Senior Fellow, Economic Studies, CATO Institute.
No further action was taken on H.R. 5505 in the 117th
Congress.
On June 11, 2021, H.R. 3848 was introduced by
Representatives Ryan (OH-13) and Posey (FL-08) and referred to
the Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on June 14, 2021.
No further action was taken on H.R. 3848 in the 117th
Congress.
On July 21, 2021, H.R. 4594 was introduced by
Representatives Bilirakis (FL-12) and Welch (VT-AL) 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, 2021. The Subcommittee held
a legislative hearing on the bill on October 14, 2021.
On November 16, 2021, the Subcommittee on Consumer
Protection and Commerce was discharged from consideration of
the bill. On November 17, 2021, the Committee on Energy and
Commerce met in open markup session, pursuant to notice, to
consider H.R. 4594 and 11 other bills. No amendments were
offered during consideration of the bill. Upon conclusion of
consideration of the bill, the full Committee agreed to a
motion on final passage offered by Representative Pallone (D-
NJ), Chairman of the Committee, to order H.R. 4594 reported
favorably to the House, without amendment, by a voice vote.
No further action was taken on H.R. 4594 in the 117th
Congress.
On October 5, 2021, H.R. 5502 was introduced by
Representatives Bilirakis (FL-12) and Welch (VT-AL) and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on October 6, 2021.
On November 16, 2021, H.R. 5502 was discharged from the
Subcommittee on Consumer Protection and Commerce. On November
17, 2021, the full Committee met in open markup session,
pursuant to notice, to consider H.R. 5502 and 11 other bills.
No amendments were offered during consideration of the bill.
Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 5502 reported favorably to the House, without amendment,
by a voice vote.
On November 14, 2022, the Committee on Energy and Commerce
reported H.R. 5502 to the House (H. Rept. 117-555). On November
17, 2022, H.R. 5502 was passed in the House under suspension of
the rule.
On November 17, 2022, H.R. 5502 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. 5502 in the 117th
Congress.
Federal Trade Commission Technologists Act of 2021
H.R. 4530
To establish the Office of Technologists within the FTC.
Summary
This legislation would require the FTC to establish an
office of technologists within 180 days after enactment that
would advise the FTC on technological matters including FTC use
of technology, technical aspects of enforcement, and technology
policy. The bill mandates at least 25 technologists be
appointed and authorizes appropriations to carry out the bill's
requirements.
Legislative History
On July 19, 2021, H.R. 4530, 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 July
19, 2021.
On July 26, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 4530. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner,
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 4530 in the 117th
Congress.
Federal Trade Commission Transparency Act
H.R. 4564
To amend the Federal Trade Commission Act to require the
FTC to publish on the website of the Commission documents to be
voted on by the Commission, and for other purposes.
Summary
This legislation would prevent the FTC from adopting any
order, decision, report, or action by Commission vote at a
Commission meeting unless the text is published on the FTC's
website 30 days before the date of vote. The bill would allow
exceptions for existing non-disclosure provisions of federal
law as well as emergencies and other exigent circumstances as
determined by the Chair.
Legislative History
On July 20, 2021, H.R. 4564 was introduced by Rep. Guthrie
(KY-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 21, 2021.
On July 21, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on sixteen bills,
including H.R. 4564. Testimony was received from The Honorable
Lina Khan, Chair, Federal Trade Commission; The Honorable Noah
Joshua Phillips, Commissioner, Federal Trade Commission; The
Honorable Rohit Chopra, Commissioner, Federal Trade Commission;
The Honorable Rebecca K. Slaughter, Commissioner, Federal Trade
Commission; The Honorable Christine S. Wilson, Commissioner,
Federal Trade Commission; David Vladek, Professor of Law,
Georgetown University Law Center; Sally Greenberg, Executive
Director, National Consumer League; and Graham Dufault, Senior
Direct for Public Policy, ACT | The App Association.
No further action was taken on H.R. 4564 in the 117th
Congress.
Preventing All Soring Tactics (PAST) Act
H.R. 5441
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 requires the Secretary of USDA to
prescribe regulations for the licensing, training, assignment,
and oversight of persons qualified to detect and diagnose a
sore horse. The bill explicitly prohibits the use of acting
devices and pads (which can intensify a horse's pain) on horse
breeds that have a history of being victims of soring and
increases penalties to imprisonment up to three years and fines
up to $5,000 per violation.
Legislative History
On September 30, 2021, H.R. 5441 was introduced by
Representative Cohen (TN-09) and 212 original cosponsors and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on October 1, 2021.
On May 26, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on nine bills,
including H.R. 5441. The witnesses included Kaitlin Kraska,
Director of Federal Legislation, Government Relations, American
Society for the Prevention of Cruelty to Animals; Julie Menin,
Former Commissioner, New York City Department of Consumer
Affairs; Hadley Heath Manning, Vice President for Policy,
Independent Women's Forum; Michael O'Neal, Vice President--
Corporate Underwriting, First American Title Insurance Company;
Trista Hamsmith, Founder and Reese's Mom, Reese's Purpose; Eric
D. Hagopian, CEO and President, Pilot Precision Products; and
Tori Barnes, Executive Vice President, Public Affairs and
Policy, U.S. Travel Association.
On June 23, 2022, the Subcommittee on Consumer Protection
and Commerce met in open markup session, pursuant to notice, to
consider H.R. 5441 and seven other bills. During consideration
of the bill, an amendment in the nature of substitute (AINS)
offered by Rep. Schakowsky was agreed to by a voice vote. Upon
conclusion of consideration of the bill, the Subcommittee
agreed to report the bill favorably to the full Committee,
amended, by a roll call vote of 22 yeas to zero nays.
On September 21, 2022, the full Committee met in open
markup session, pursuant to notice, to consider H.R. 5441 and
23 other bills. No amendments were offered during consideration
of the bill. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 5441 reported favorably to the House, as amended by the
Subcommittee, by a roll call vote of 46 yeas to 9 nays.
On November 14, 2022, the Committee on Energy and Commerce
reported the bill to the House (H. Rept. 117-553) and H.R. 5441
was placed on the Union Calendar (Calendar No. 397). That same
day, H.R. 5441 was considered in the House under suspension of
the rules and passed the House by a roll call vote of 304 yeas
to 111 nays (Roll no. 478).
On November 15, 2022, H.R. 5441 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. 5441 in the 117th
Congress.
Reinforcing American-Made Products
H.R. 5474
To make exclusive the authority of the Federal Government
to regulate the labeling of products made in the United States
and introduced in interstate or foreign commerce, and for other
purposes.
Summary
This legislation specifies that the FTC's requirements for
the labeling of products as ``Made in the U.S.A.,'' ``Made in
America,'' and any equivalent label supersedes any conflicting
state law.
Legislative History
On September 30, 2021, H.R. 5474 was introduced by
Representatives Trahan (MA-03) and Curtis (UT-03) and referred
to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on October 1, 2021.
October 14, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on ten bills, including
H.R. 3774. The witnesses included Caolionn O'Connell, Ph.D.,
Senior Physical Scientist, RAND Corporation; Scott Paul,
President, Alliance for American Manufacturing; Eric Sills,
CEO, Standard Motor Products; and Scott Lincicome, Senior
Fellow, Economic Studies, CATO Institute.
No further action was taken on H.R. 5474 in the 117th
Congress.
Advancing Tech Startups Act
H.R. 5476
To require the Secretary of Commerce to conduct a study on
tech startups, and for other purposes.
Summary
This legislation requires the DOC to study and report on
the effects of technology startup companies and small
businesses on the U.S. economy.
Legislative History
On October 5, 2021, H.R. 5476 was introduced by
Representatives Bill Johnson (OH-6), Rush (IL-01), and Phillips
(MN-03) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on October 6, 2021.
October 14, 2021, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on ten bills, including
H.R. 5476. The witnesses included Caolionn O'Connell, Ph.D.,
Senior Physical Scientist, RAND Corporation; Scott Paul,
President, Alliance for American Manufacturing; Eric Sills,
CEO, Standard Motor Products; and Scott Lincicome, Senior
Fellow, Economic Studies, CATO Institute.
No further action was taken on H.R. 5476 in the 117th
Congress.
Deceptive Experiences to Online Users Reduction (DETOUR) Act
H.R. 6083
To prohibit the use of exploitative and deceptive practices
by large online operators and to promote consumer welfare in
the use of behavioral research by such providers.
Summary
This legislation prohibits large online operators from
manipulating their products to mislead users into providing
personal information or giving consent. The bill further
prohibits these operators from studying the behavioral patterns
of subsets of users without first obtaining informed consent or
designing products directed to children that lead to an
increase in the use of products. The bill also requires large
online operators conducting psychological or behavioral
research to disclose certain information, discontinue such
research if consent was improperly acquired, and establish an
independent review board.
Legislative History
On November 30, 2021, H.R. 6083 was introduced by
Representatives Blunt Rochester (DE-AL) and Gonzalez (OH-16)
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Consumer
Protection and Commerce on December 1, 2021.
On December 9, 2021, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on seven
bills, including H.R. 6083. The witnesses included Jonathan
Greenblatt, CEO and National Director, Anti-Defamation League;
Nathalie Marchal, Ph.D., Senior Policy and Partnerships
Manager, Ranking Digital Rights; Imran Ahmed, CEO, Center for
Countering Digital Hate; Josh Golin, Executive Director,
Fairplay; Rick Lane, CEO, Iggy Ventures, LLC; and Jessica Rich,
Of Counsel, Kelley Drye, Former Director, Bureau of Consumer
Protection, Federal Trade Commission.
No further action was taken on H.R. 6083 in the 117th
Congress.
FTC Whistleblower Act of 2021
H.R. 6093
To provide incentives for and protect whistleblowers under
the authority of the FTC, and for other purposes.
Summary
This legislation prohibits retaliation against any
individual who makes a covered disclosure to specified
entities, participates in a federal government investigation or
proceeding, or refuses to participate in activities the
individual reasonably believes may violate any law or
regulation enforced by the FTC. The bill allows whistleblowers
to enforce these rights in federal court and establishes an
awards program for whistleblowers. Under the bill, the FTC may
bring enforcement actions against entities attempting to
interfere with individuals exercising these rights.
Legislative History
On November 30, 2021, H.R. 6093 was introduced by
Representatives Schakowsky (IL-09) and Trahan (MA-03) and
referred to the Committee on Energy and Commerce and the
Committee on Education and Labor. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on December 1, 2021.
On December 9, 2021, the Subcommittee on Consumer
Protection and Commerce held a legislative hearing on seven
bills, including H.R. 6093. The witnesses included Jonathan
Greenblatt, CEO and National Director, Anti-Defamation League;
Nathalie Marchal, Ph.D., Senior Policy and Partnerships
Manager, Ranking Digital Rights; Imran Ahmed, CEO, Center for
Countering Digital Hate; Josh Golin, Executive Director,
Fairplay; Rick Lane, CEO, Iggy Ventures, LLC; and Jessica Rich,
Of Counsel, Kelley Drye, Former Director, Bureau of Consumer
Protection, Federal Trade Commission.
No further action was taken on H.R. 6093 in the 117th
Congress.
Banning Surveillance Advertising Act of 2022
H.R. 6416
To prohibit targeted advertising by advertising
facilitators and advertisers, and for other purposes.
Summary
This legislation prohibits advertisers from targeting
advertisements based on personal information that links the
consumer to the consumer's connected device, this includes
inferred and derived data, contents of communications, internet
browsing history, and advertising identifiers. Contextual
advertising is allowable under the bill. In addition,
advertisements cannot be targeted based on information
purchased or obtained through a third party or based on
information that identifies the consumer as a member of a
protected class. The bill includes a private right of action
for harmed consumers.
Legislative History
On January 18, 2022, H.R. 6416 was introduced by
Representatives Eshoo (CA-18), Schakowsky (IL-09), and Rush
(IL-01) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on January 19, 2022.
On March 1, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills,
including H.R. 6416. The witnesses included Lauren Lehman,
Policy Analyst, Consumer Reports; Katie McInnis, Senior Public
Manager US, Duck Duck Go, Inc.; Mutale Nkonde, Chief Executive
Officer, AI for the People U.S.; and Mike Duffey, Special Agent
Supervisor, Florida Department of Law Enforcement.
No further action was taken on H.R. 6416 in the 117th
Congress.
Algorithmic Accountability Act of 2022
H.R. 6580
To direct the FTC to require impact assessments of
automated decision systems and augmented critical decision
processes, and for other purposes.
Summary
This legislation requires companies that use automated
decision-making systems to conduct impact assessments on those
systems and regularly report their results to the FTC. Metrics
to be included in these assessments include testing and
evaluation of performance of systems before and after
deployment; evaluation of the rights of consumers, including
whether a consumer may contest, correct, or appeal decision or
opt out of the system; and documentation of data or other input
information used for developing these systems. Under the bill,
companies can document which of the requirements of the impact
assessments were not possible to conduct in order for the FTC
to continue to update these requirements through rulemaking.
The bill also requires the FTC to publish an annual report
on these results and store this data in a publicly accessible
database. To assist the FTC with this mission, the bill
establishes a 50-person Bureau of Technology at the agency.
Legislative History
On February 3, 2022, H.R. 6580 was introduced by
Representative Clarke (NY-09) and 31 original cosponsors and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer
Protection and Commerce on February 4, 2022.
On March 1, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills,
including H.R. 6580. The witnesses included Lauren Lehman,
Policy Analyst, Consumer Reports; Katie McInnis, Senior Public
Manager US, Duck Duck Go, Inc.; Mutale Nkonde, Chief Executive
Officer, AI for the People U.S.; and Mike Duffey, Special Agent
Supervisor, Florida Department of Law Enforcement.
No further action was taken on H.R. 6580 in the 117th
Congress.
Cooperation Among Police, Tech, and Users To Resist Exploitation
(CAPTURE) Act
H.R. 6755
To require the Comptroller General of the United States to
submit to Congress a report on big tech and law enforcement,
and for other purposes.
Summary
This legislation requires the Comptroller General of the
United States to study and report to Congress on: how social
media companies communicate, consult, and coordinate with
federal, state, and local law enforcement to address illegal
content and activity online; documented successes and failures
by social media companies in cooperating with law enforcement
in the event of imminent injury or death; and ways in which
social media companies can better communicate, consult, and
coordinate with federal, state, and local law enforcement to
address illegal content and activity online. The report to
Congress should include the results of the study as well as
recommendations to develop legislation to address the findings
of the study and to require the companies to establish a single
point of contact in every state for federal, state, and local
law enforcement entities.
Legislative History
On February 18, 2022, H.R. 6755 was introduced by
Representative Bilirakis (FL-12) and referred to the Committee
on Energy and Commerce and the Committee on Judiciary. The bill
was subsequently referred to the Subcommittee on Consumer
Protection and Commerce on February 22, 2022.
On March 1, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills,
including H.R. 6755. The witnesses included Lauren Lehman,
Policy Analyst, Consumer Reports; Katie McInnis, Senior Public
Manager US, Duck Duck Go, Inc.; Mutale Nkonde, Chief Executive
Officer, AI for the People U.S.; and Mike Duffey, Special Agent
Supervisor, Florida Department of Law Enforcement.
No further action was taken on H.R. 6755 in the 117th
Congress.
Increasing Consumers' Education on Law Enforcement Resources Act
H.R. 6786
To require the FTC to conduct an education campaign to
inform the public about the resources available when their
safety and security has been violated online, and for other
purposes.
Summary
This legislation requires the FTC to work with the Attorney
General (AG) to develop an educational program to inform the
public about resources available to the public should they feel
their safety or security was violated online. The FTC and AG
should consult with state attorneys general as well as
technologists, academic researchers, and industry
representatives on the program, which is to be made available
to the public through the FTC's website. The program will also
be part of an annual education campaign to inform the public
about these resources.
Legislative History
On February 18, 2022, H.R. 6786 was introduced by
Representative Mullin (OK-02) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on February
22, 2022.
On March 1, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills,
including H.R. 6786. The witnesses included Lauren Lehman,
Policy Analyst, Consumer Reports; Katie McInnis, Senior Public
Manager US, Duck Duck Go, Inc.; Mutale Nkonde, Chief Executive
Officer, AI for the People U.S.; and Mike Duffey, Special Agent
Supervisor, Florida Department of Law Enforcement.
No further action was taken on H.R. 6786 in the 117th
Congress.
Digital Services Oversight and Safety Act of 2022
H.R. 6796
To provide for the establishment of the Bureau of Digital
Services Oversight and Safety within the FTC, and for other
purposes.
Summary
This legislation establishes a Bureau of Digital Services
Oversight and Safety at the FTC to conduct oversight of covered
platforms as designated by the FTC. The 500-person Bureau
includes technologists, sociotechnical experts, and
constitutional lawyers.
Under the bill, the FTC has rulemaking and investigatory
authority to define a code of conduct for online platforms and
ensure platforms are adhering to that code of conduct. The code
of conduct includes accountability measures requiring platforms
to cover its content moderation practices in its community
standards and requiring platforms to release public-facing
transparency reports with statistics related to amount and type
of content moderation enforcement by the platforms. Large
covered platforms must undergo an additional level of scrutiny
by conducting an independent audit on compliance with the FTC's
regulations.
The FTC must also establish an Office of Independent
Research Facilitation to facilitate and certify independent
research on covered platforms. Through regulation, the FTC
shall determine what platforms are covered under the bill. The
Office would then oversee a process by which covered platforms
must submit a data dictionary to the FTC describing the data
collection practices of the platform and large covered
platforms must preserve data via advertisement libraries to
assist certified researchers. The FTC should take into account
the monthly active users on the platform when determining
whether it is a covered platform or a large covered platform.
The bill also establishes a fellowship program at the Bureau
for fellows to conduct research on mitigation of systemic risks
associated with platforms.
Legislative History
On February 18, 2022, H.R. 6796 was introduced by
Representative Trahan (MA-03) and referred to the Committee on
Energy and Commerce, the Committee on Education and Labor, and
the Committee on Judiciary. The bill was subsequently referred
to the Subcommittee on Consumer Protection and Commerce on
February 22, 2022.
On March 1, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills,
including H.R. 6796. The witnesses included Lauren Lehman,
Policy Analyst, Consumer Reports; Katie McInnis, Senior Public
Manager US, Duck Duck Go, Inc.; Mutale Nkonde, Chief Executive
Officer, AI for the People U.S.; and Mike Duffey, Special Agent
Supervisor, Florida Department of Law Enforcement.
No further action was taken on H.R. 6796 in the 117th
Congress.
Consumer Fuel Price Gouging Prevention Act
H.R. 7688
To protect consumers from price-gouging of consumer fuels,
and for other purposes.
Summary
This bill prohibits any person from selling, during a
proclaimed energy emergency, a consumer fuel at a price that
(1) is unconscionably excessive, and (2) indicates that the
seller is exploiting the emergency to increase prices
unreasonably. The President may issue a proclamation of such an
emergency that specifies the consumer fuel and geographic area
covered and how long the proclamation applies.
The bill provides for enforcement of these provisions by
the FTC and state attorneys general. Civil penalties collected
by the commission through such enforcement must be used to
provide assistance under the Low-Income Home Energy Assistance
Program.
Legislative History
On May 6, 2022, H.R. 7688 was introduced by Representatives
Schrier (WA-08) and Porter (CA-45) and referred to the
Committee on Energy and Commerce and the Committee on Education
and Labor.
On May 17, 2022, Rules Committee resolution H. Res. 1124
was reported to the House, providing consideration of H.R.
7688. On May 19, 2022, H.R. 7688 was considered in the House
under the provisions of H. Res. 1124. An amendment to H.R.
7688, H. Amdt. 214, was agreed to by the yeas and nays: 217-205
(Roll no. 229). Another amendment to H.R. 7688, H. Amdt. 215,
was agreed to by the yeas and nays: 214-207 (Roll no. 230).
That same day, H.R. 7688, amended, passed the House by a vote
of 217 yeas to 207 nays.
On May 19, 2022, H.R. 7688 was received in the Senate, read
twice, and placed on Senate Legislative Calendar under General
Orders (Calendar No. 373).
No further action was taken on H.R. 7688 in the 117th
Congress.
Travel and Tourism Act
H.R. 7820
To require the Secretary of Commerce to identify the
resources, regulatory changes, and private sector engagement
needed to achieve annual travel and tourism goals, including a
travel and tourism recovery strategy from COVID-19, and to
prepare a strategy to address potential future pandemics, and
for other purposes.
Summary
This legislation implements measures to support the United
States travel and tourism industry, including requiring the
Department of Commerce to develop a 10-year travel and tourism
strategy with annual goals for the number of international
visitors to the United States.
The bill requires the Secretary of Commerce to establish an
annual goal for the number of international visitors to the
United States. Further, the Secretary must develop and
implement a COVID-19 pandemic recovery strategy to assist the
recovery of the U.S. travel and tourism industry.
The bill also provides statutory authority for the United
States Travel and Tourism Advisory Board, which shall aid the
Secretary in developing and implementing the COVID-19 pandemic
recovery strategy.
Legislative History
On May 18, 2022, H.R. 7820 was introduced by
Representatives Dunn (FL-02), Soto (FL-09), and Salazar (FL-27)
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Consumer
Protection and Commerce on May 19, 2022.
On May 26, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on nine bills,
including H.R. 7820. The witnesses included Katlin Kraska,
Director of Federal Legislation, Government Relations, American
Society for the Prevention of Cruelty to Animals; Julie Menin,
Former Commissioner, New York City Department of Consumer
Affairs; Hadley Heath Manning, Vice President for Policy,
Independent Women's Forum; Michael O'Neal, Vice President--
Corporate Underwriting, First American Title Insurance Company;
Trista Hamsmith, Founder and Reese's Mom, Reese's Purpose; Eric
D. Hagopian, CEO and President, Pilot Precision Products; and
Tori Barnes, Executive Vice President, Public Affairs and
Policy, U.S. Travel Association.
No further action was taken on H.R. 7820 in the 117th
Congress.
American Data Privacy and Protection Act
H.R. 8152
To provide consumers with foundational data privacy rights,
create strong oversight mechanisms, and establish meaningful
enforcement.
Summary
This is the first bipartisan, bicameral national
comprehensive privacy and data security proposal with support
from leaders on the House Energy and Commerce Committee and the
Senate Commerce, Science, and Transportation Committee. The Act
establishes a national standard to protect consumer data
privacy, imposes obligations on covered entities, and allows
for federal, state, and individual enforcement. The bill
establishes the FTC as the regulator to enforce the bill at the
federal level.
Under the bill, covered entities and service providers may
not collect, process, or transfer covered data beyond what is
necessary and proportionate to provide specifically requested
products or services or communicate with individuals in a
manner they reasonably anticipate. This duty applies
irrespective of any consent from an individual.
Individuals have the right to access, correct, delete, and
export their covered data. Further, sensitive covered data like
health, financial, biometric, genetic, and precise geolocation
information may not be transferred to a third party without an
individual's express affirmative consent. Other covered data
activities are restricted in their uses, such as Social
Security numbers and password information. Individuals may opt
out of the transfer of any covered data to a third party.
Individuals may opt out of targeted advertising. The bill
requires that any consent or decisions whether to opt-out may
not be obtained through manipulative or misleading means, such
as dark patterns. It also provides a mechanism by which
individuals may exercise universal opt-outs rather than making
such decisions on any entity-by-entity basis. Deceptive
marketing of products and services is prohibited.
Broad anti-discrimination protections prohibit
discrimination on the basis of race, color, religion, national
origin, sex, or disability. The bill also requires large data
holders to submit annual algorithmic impact assessments of
certain algorithms to the FTC. These assessments must describe
the design process and methodologies of the algorithm,
foreseeable capabilities outside of the proposed use of the
algorithm, a detailed description of the data used by
algorithms, a description of the outputs produced by the
algorithm, and steps the entity has taken or will take to
mitigate potential harms from algorithms.
Separately, the FTC must establish an online, public, and
searchable registry of registered third-party collecting
entities, sometimes called data brokers. Individuals may elect
to have all covered data about them held by such entities
deleted within 30 days.
First-of-its-kind federal protections for kids and teens
are also included. Targeted advertising is flatly prohibited
for any individual under 17 years of age. The legislation
creates a new Youth Privacy and Marketing Division at the FTC
that is responsible for addressing privacy and marketing
concerns with respect to children and minors. The division must
submit annual reports to Congress and hire staff that includes
experts in youth development, data protection, digital
advertising, and data analytics regarding children. Any
information related to individuals under 17 is considered
sensitive covered data under the Act. The risks to those under
17 must be factored into entities' privacy policies, practices,
and procedures.
All covered entities must designate officers to implement
privacy and data security programs and ensure ongoing
compliance. Large data holders are subject to additional
requirements, including annual executive certifications, direct
reporting to executives, biennial audits, and privacy impact
assessments. The legislation provides three means of
enforcement--the FTC, state attorneys general and state privacy
authorities, and a private right of action. The FTC may obtain
civil penalties for all violations of the Act. State attorneys
general and privacy authorities may bring cases pertaining to
violations of the Act in federal court for injunctive relief;
to obtain damages, penalties, restitution, or other
compensation; and to obtain reasonable attorney's fees and
other litigation costs.
Starting four years after the Act takes effect, persons or
classes of persons may bring civil actions in federal court
seeking compensatory damages, injunctive relief, declaratory
relief, and reasonable attorney's fees and litigation costs for
most provisions of the Act. This right does not apply to data
minimization, privacy by design, or data security requirements.
Pre-dispute joint action waivers for arbitration related to
minors are precluded.
To bring a private claim, the FTC and relevant attorneys
general must be notified of the intent to sue and may take up
the case as an intervenor at their discretion. Improper demand
letters sent by counsel seeking monetary payment that do not
include a specified disclaimer will prevent suits from
proceeding. For claims in which injunctive relief is sought,
the bill includes a right to cure the alleged violation.
The bill does not limit existing federal law, except where
specified. Entities subject to and in compliance with the
related requirements of specified federal laws shall be deemed
in compliance with the related provisions of the bill only to
the extent that covered data is subject to the requirements in
the other laws. The bill provides for non-application of
specific Federal Communications Commission privacy laws and
regulations as they relate to covered data activities.
State laws covered by the bill are preempted, other than
specified state laws. Those laws include general consumer
protection laws; civil rights laws; employee and student
privacy protections; data breach notification laws; contract
and tort law; certain criminal laws; laws on cyberstalking,
cyberbullying, nonconsensual pornography, and sexual
harassment; laws addressing certain public, financial, and tax
records; facial recognition laws; certain surveillance laws;
laws addressing medical information; and certain specified
state provisions.
The bill establishes a new FTC privacy bureau to carry out
its provisions that is comparable to the current bureaus of
consumer protection and competition. The new bureau must be
fully operational within a year of enactment and include an
office of business mentorship to assist covered entities with
compliance.
Legislative History
On June 21, 2022, H.R. 8152 was introduced by
Representatives Pallone (NJ-6), Rodgers (WA-05), Schakowsky
(IL-09), and Bilirakis (FL-12) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on June 22,
2022.
On June 14, 2022, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on a discussion draft
that was subsequently introduced and became H.R. 8152. The
witnesses included Caitriona Fitzgerald, Deputy Director,
Electronic Privacy Information Center; David Brody, Managing
Attorney, Digital Justice Initiative, Lawyers' Committee for
Civil Rights Under Law; Bertram Lee, Senior Policy Counsel,
Data Decision Making and Artificial Intelligence, Future of
Privacy Forum; Jolina Cuaresma, Senior Counsel, Privacy &
Technology Policy, Common Sense Media; John Miller, Senior Vice
President of Policy and General Counsel, Information Technology
Industry Council; Graham Dufault, Senior Director for Public
Policy, ACT | The App Association; Doug Kantor, General
Counsel, National Association of Convenience Stores; and The
Honorable Maureen K. Ohlhausen, Co-Chair, 21st Century Privacy
Coalition.
On June 23, 2022, the Subcommittee on Consumer Protection
and Commerce met in open markup session, pursuant to notice, to
consider H.R. 8152 and seven other bills. During consideration
of the bill, an amendment in the nature of a substitute (AINS),
offered by Representative Pallone, was agreed to by a voice
vote. Four amendments offered during consideration of the bill
were withdrawn. Upon conclusion of consideration of the bill,
the Subcommittee on Consumer Protection and Commerce agreed to
report the bill favorably to the full Committee, amended, by a
voice vote.
On July 20, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 8152 and five
other bills. During consideration of the bill, an AINS, offered
by Representative Pallone, was agreed to by a voice vote. An
amendment to the AINS, offered by Representative Eshoo (CA-08),
was not agreed to by a roll call vote of 8 yeas to 48 nays. Six
amendments to the AINS were agreed to by a voice vote. Four
other amendments to the AINS offered during consideration of
the bill were withdrawn. Upon conclusion of consideration of
the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone, Chairman of the
Committee, to order H.R. 8152 reported favorably to the House,
amended, by a roll call vote of 53 yeas to 2 nays.
No further action was taken on H.R. 8152 in the 117th
Congress.
Of Inquiry Requesting the President To Provide Certain Documents to the
House of Representatives Relating to Communications and Directives With
the Federal Trade Commission
H. RES. 1261
This resolution requests information from the President
about Federal Trade Commission (FTC) policies, procedures, and
decision-making.
Summary
This resolution requests information from the President
about FTC policies, procedures, and decision-making. The
requested documents relate to the FTC's deliberative process
for drafting its strategic plan for FY 2022 through FY 2026;
changes to the FTC's goals and enforcement priorities;
adherence to the FTC's rules for conducting votes, including
votes cast by departing commissioners; complaints from FTC
employees about a temporary freeze on public speaking
appearances by FTC staff or about termination of employees; and
communications and coordination between the FTC and the White
House about the FTC's recently announced Advance Notice of
Proposed Rulemaking on Commercial Surveillance.
Legislative History
H. Res. 1261 was introduced on July 26, 2022, by
Representative Bilirakis (FL-12) and was referred to the
Committee on Energy and Commerce. Subsequently, on July 27,
2022, the resolution was referred to the Subcommittee on
Consumer Protection and Commerce. The resolution was discharged
from the Subcommittee on Consumer Protection and Commerce on
September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1261, without amendment, adversely
reported to the House by a recorded vote of 30 yeas and 18
nays.
On September 28, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1261 to the House (H. Rept. 117-
511), and it was placed on the House Calendar, Calendar No.
121.
No further action was taken on H. Res. 1261 in the 117th
Congress.
OVERSIGHT ACTIVITIES
Safeguarding American Consumers: Fighting Fraud and Scams During the
Pandemic
On February 4, 2021, the Subcommittee on Consumer
Protection and Commerce held a hearing entitled ``Safeguarding
American Consumers: Fighting Fraud and Scams During the
Pandemic.'' The purpose of this hearing was to examine scams
and fraud that threatened many aspects of consumers' lives
during the ongoing coronavirus disease of 2019 (COVID-19)
pandemic and related economic and financial crises. The
Subcommittee received testimony from Bonnie Patten, Esq.,
Executive Director, TruthInAdvertising.com; Jessica Rich,
Distinguished Fellow, Institute for Technology Law & Policy,
Georgetown Law School; Hon. William E. Kovacic, Global
Competition Professor of Law and Policy, Professor of Law,
Director, Competition Law Center, Georgetown University; and
Traci Ponto, Spokane COPS Crime Victim Advocate, Spokane
Community Oriented Policy Services.
Kids Online During COVID: Child Safety in an Increasingly Digital Age
On March 11, 2021, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``Kids Online During
COVID: Child Safety in an Increasingly Digital Age.'' The
purpose of this hearing was to examine the negative impacts on
children and teens of digital marketing, persuasive design, and
other potentially harmful practices. The COVID-19 pandemic
significantly increased children's use of digital devices while
investments in online advertising now outpace all other media,
with children from low-education and low-income households more
likely to be negatively impacted. The Subcommittee received
testimony from Ariel Fox Johnson, Senior Counsel, Global
Policy, Common Sense Media; Nusheen Ameenuddin, M.D., M.P.H.,
M.P.A., F.A.A.P., Chair, Council on Communications and Media,
American Academy of Pediatrics; and Corey A. DeAngelis,
Director of School Choice, Reason Foundation, Adjunct Scholar,
Cato Institute, Executive Director, Educational Freedom
Institute.
Promises and Perils: The Potential of Automobile Technologies
On May 18, 2021, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``Promises and Perils: The
Potential of Automobile Technologies.'' The purpose of this
hearing was to examine how advanced driver assistance systems
and autonomous vehicles could affect automobile safety,
mobility, and the workforce. The Subcommittee received
testimony from Jason Levine, Executive Director, Center for
Auto Safety; Greg Regan, President, Transportation Trades
Department, AFL-CIO; and Ragunathan Rajkumar, Professor,
Department of Electrical and Computer Engineering, Carnegie
Mellon University.
The Fiscal Year 2022 Department of Commerce Budget
On June 8, 2021, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``The Fiscal Year 2022
Department of Commerce Budget.'' The purpose of this hearing
was to explore the Department of Commerce's ongoing and future
work to support job creation and economic growth in the United
States and examine the Biden Administration's proposed increase
to the Department of Commerce budget, including increases to
the National Telecommunications and Information Administration
(NTIA). The Subcommittee received testimony from the Honorable
Gina M. Raimondo, Secretary, U.S. Department of Commerce.
A Level Playing Field: College Athletes' Rights to Their Name, Image,
and Likeness
On September 30, 2021, the Subcommittee on Consumer
Protection and Commerce held a hearing entitled ``A Level
Playing Field: College Athletes' Rights to Their Name, Image,
and Likeness.'' The purpose of this hearing was to examine
rules and policies governing college athletes' freedom to
generate revenue from the use of their name, image, and
likeness (NIL). The Subcommittee received testimony from Ramogi
Huma, Executive Director, National College Players Association;
Mark Emmert, Ph.D., President, National College Athletic
Association; Linda Livingstone, Ph.D., President, Baylor
University; Jacquie McWilliams, Commissioner, Central
Intercollegiate Athletic Association; and Cameron March,
College Athlete, Women's Golf, Washington State University.
Changing Times: Revisiting Spring Forward, Fall Back
On March 9, 2022, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ``Changing Times:
Revisiting Spring Forward, Fall Back.'' The purpose of this
hearing was to examine the economic, environmental, and health
impacts of Daylight Saving Time and potential alternatives. The
Subcommittee received testimony from Steve Calandrillo, Jeffrey
and Susan Brotman Professor of Law, University of Washington
School of Law; Beth Malow, M.D., Professor of Neurology and
Pediatrics, Director, Vanderbilt Sleep Division, Vanderbilt
University Medical Center; and Lyle Beckwith, Sr. Vice
President, Government Relations, National Association of
Convenience Stores.
Subcommittee on Communications and Technology
LEGISLATIVE ACTIVITIES
American Rescue Plan Act of 2021
PUBLIC LAW 117-2 (H.R. 1319, H.R. 6563)
To provide for reconciliation pursuant to title II of S.
Con. Res. 5.
Summary
Section 7402 provides $7.59 billion for the Emergency
Connectivity Fund (ECF) to provide internet services and
relevant internet access equipment to teachers, students, and
library patrons for use in locations other than schools and
libraries. In providing support under the covered regulations,
the Federal Communications Commission (FCC) shall reimburse 100
percent of the costs associated with the eligible equipment and
services.
Section 7403 provides $3 billion in funding to the Office
of the Inspector General of the Department of Commerce for
fiscal year 2021 for oversight activities supported with funds
appropriated to the Department of Commerce to prevent, prepare
for, and respond to COVID-19.
Legislative History
On February 11 and 12, 2021, the Committee on Energy and
Commerce met in virtual markup to consider legislative
recommendations to comply with the reconciliation directive
included in section 2001 of the Concurrent Resolution on the
Budget for Fiscal Year 2021, S. Con. Res. 5. Subtitle A,
``Budget Reconciliation Legislative Recommendations Relating to
Public Health,'' was ordered transmitted favorably to the House
Committee on Budget, amended, by a roll call vote of 31 yeas
and 25 nays. Subtitle B, ``Budget Reconciliation Legislative
Recommendations Relating to Medicaid,'' was ordered transmitted
favorably to the House Committee on Budget, amended, by a roll
call vote of 30 yeas and 26 nays. Subtitle C, ``Budget
Reconciliation Legislative Recommendations Relating to
Children's Health Insurance Program,'' was ordered transmitted
favorably to the House Committee on Budget, amended, by a roll
call vote of 30 yeas and 24 nays. Subtitle D, ``Budget
Reconciliation Legislative Recommendations Relating to Other
Provisions,'' was ordered transmitted favorably to the House
Committee on Budget, amended, by a roll call vote of 31 yeas
and 24 nays.
On February 24, 2021, H.R. 1319 was introduced by
Representative Yarmouth (KY-03) and referred to the Committee
on Budget.
On February 25, 2021, the Committee on Budget reported H.R.
1319 to the House (H. Rept. 117-7), and the bill was placed on
the Union Calendar (Calendar No. 1). The next day, H.R. 1319
was considered in the House pursuant to the provisions of H.
Res. 166 and the bill, as amended, was passed by a recorded
vote of 219 yeas to 212 nays (Roll Call No. 49).
On March 2, 2021, H.R. 1319 was received in the Senate and
placed on the Senate Legislative Calendar under General Orders
(Calendar No. 10). On March 6, 2021, H.R. 1319 passed the
Senate with an amendment by a roll call vote of 50 yeas to 49
nays (Record Vote Number: 110).
On March 10, 2021, the House agreed to a motion that the
House agree to the Senate amendment by a roll call vote of 220
yeas to 211 nays (Roll no. 72).
On March 11, 2021, H.R. 1319 was presented to the President
and signed into law (Public Law No. 117-2).
Secure Equipment Act of 2021
PUBLIC LAW 117-55 (H.R. 3919)
Requires the FCC to establish rules stating that it will no
longer review or approve any authorization application for
equipment that is on the list of covered communications
equipment or services.
Summary
This legislation directs the FCC to clarify that it will no
longer review or approve applications from companies on its
``Covered List.'' The bill prevents further integration and
sales of suspect equipment from vendors such as Huawei, ZTE,
Hytera, Hikvision, and Dahua--all Chinese state-backed or
directed firms--in the United States, regardless of whether
federal funds are involved.
Legislative History
On June 15, 2021, H.R. 3919 was introduced by
Representatives Scalise (LA-01) and Eshoo (CA-18) and referred
to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications and
Technology on June 16, 2021. A legislative hearing was held on
the bill on June 30, 2021. The Subcommittee received testimony
from Dileep Srihari, Senior Policy Counsel, Access Partnership;
Dean Brenner, Spectrum Strategy & Tech Policy, Qualcomm
Incorporated; Jason Boswell, Head of Security, Network Product
Solutions, N.A., Ericsson; and Clete Johnson, Senior Fellow,
Strategic Technologies Program, Center for Strategic and
International Studies.
On July 20, 2021, the Subcommittee on Communications and
Technology was discharged from further consideration of the
bill. On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 3919 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative Scalise
was agreed to by a voice vote. Upon conclusion of consideration
of the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone (NJ-06), Chairman of
the Committee, to order H.R. 3919 reported favorably to the
House, amended, by a voice vote.
On October 19, 2021, the Committee on Energy and Commerce
reported H.R. 3919 to the House (H. Rept. 117-148), and the
bill was placed on the Union Calendar (Calendar No. 108). On
that same day, the House considered H.R. 3919 under suspension
of the Rules. On October 20, 2021, H.R. 3919 passed the House,
as amended, by roll call vote of 420 yeas to 4 nays (Roll no.
323).
On October 20, 2021, the Senate received H.R. 3919, read
the bill twice. On October 28, 2021, H.R. 3919 passed the
Senate, without amendment, by unanimous consent.
On November 11, 2021, H.R. 3919 was signed by the President
and became Public Law No. 117-55.
Infrastructure Investment and Jobs Act
PUBLIC LAW 117-58 (H.R. 3684)
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Summary
Division F, Title I establishes measures to promote
broadband deployment in unserved and underserved areas through
specified projects (e.g., connecting libraries and other
community anchor institutions, collecting data, and conducting
broadband mapping, and installing internet infrastructure).
Specifically, the title establishes the Broadband Equity,
Access, and Deployment Program (BEAD) at the National
Telecommunications and Information Administration (NTIA) to
award grants to carry out the purposes of this title. Further,
it requires broadband providers to deliver information to the
FCC to facilitate the creation and maintenance of broadband
maps. The FCC must establish an online mapping tool to provide
a geographic footprint of each federally funded broadband
infrastructure deployment project.
Division F, Title II modifies the Tribal Broadband
Connectivity Program, through which NTIA makes grants to expand
access to and adoption of broadband service on tribal land for
remote learning, telework, or telehealth resources.
Specifically, the title extends the deadline for a grant
recipient to commit grant funds to a specific use and expend
the grant funds. The title also authorizes a grant recipient to
use grant funds to cover up to 2.5 percent of the total project
cost for planning, feasibility, and sustainability studies.
Division F, Title III requires NTIA 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 title 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 title also establishes the Digital Equity
Competitive Grant Program for supporting efforts to achieve
digital equity, promote digital inclusion, and stimulate
adoption of broadband.
Division F, Title IV requires NTIA to make grants to
eligible entities for the construction, improvement, or
acquisition of middle mile infrastructure (i.e., the midsection
of the infrastructure required to enable internet connectivity
for end users, but which does not connect directly to an end-
user location). Entities eligible to receive such grants
include states, tribal governments, telecommunications
companies, various nonprofit entities, and economic development
authorities.
Division F, Title V revises and makes permanent the
Affordable Connectivity Benefit Program (formerly, the
Emergency Broadband Benefit Program) established to reimburse
broadband providers for costs associated with discounting
broadband service for certain households during the COVID-19
emergency period. Participating providers must allow recipient
households to apply the affordable connectivity benefit to any
of its internet service offerings and may not require the
households to submit to a credit check in order to apply the
benefit. Such providers must also carry out public awareness
campaigns in service areas to highlight the existence of the
program and the value and benefits of broadband. The FCC must
promulgate regulations to require the display of broadband
consumer labels to disclose to consumers specified information
regarding broadband internet plans, including information
regarding whether the offered price is an introductory rate.
Further, the FCC must adopt final rules to facilitate equal
access to broadband, which must include preventing digital
discrimination of access based on factors such as income level,
race, or religion; and identifying necessary steps for the FCC
to eliminate such discrimination. The Government Accountability
Office (GAO) must evaluate and report on the process used by
the FCC for establishing, reviewing, and updating the upload
and download speed thresholds for broadband service.
Division F, Title VI establishes measures to address the
workforce needs of the telecommunications industry.
Specifically, the title requires the FCC to establish an
interagency working group to develop recommendations for
addressing these workforce needs, including the safety of that
workforce.
The FCC must also establish and issue guidance for states
on matters related to workforce needs and safety of the
telecommunications industry, including how a state workforce
development board can utilize federal resources available to
meet relevant workforce needs; promote and improve recruitment
in the Telecommunications Industry Registered Apprenticeship
Program and other qualified industry-led workforce development
programs; and ensure the safety of tower climbers and other
members of the telecommunications workforce.
The GAO must submit to Congress a report that estimates the
number of skilled telecommunications workers that will be
required to build and maintain the broadband infrastructure in
rural areas, and the infrastructure needed to support 5G
wireless technology.
Legislative History
On June 4, 2021, H.R. 3684 was introduced by Representative
DeFazio (OR-04) and referred to the Committee on Transportation
and Infrastructure.
On June 22, 2021, the Committee on Transportation and
Infrastructure reported H.R. 3684 to the House (H. Rept. 117-
70) and filed a supplemental report (H. Rept. 117-70, Part II)
on June 29, 2021. On July 1, 2021, H.R. 3684 was passed in the
House by a recorded vote of 221 yeas to 201 nays (Roll Call No.
208).
On July 12, 2021, H.R. 3684 was received in the Senate. On
August 10, 2021, H.R. 3684 passed the Senate with an amendment
by a roll call vote of 69 yeas to 30 nays (Record Vote Number:
314).
On September 27, 2021, pursuant to the provisions of H.
Res. 601, Representative DeFazio moved that the House agree to
the Senate amendment to H.R. 3684. On November 5, 2021, the
House agreed to a motion that the House agree to the Senate
amendment by a roll call vote of 228 yeas to 206 nays (Roll no.
369).
On November 8, 2021, H.R. 3684 was presented to the
President and signed into law (Public Law No. 117-58).
Supreme Court Security Funding Act of 2022
(Chips and Science Act of 2022)
PUBLIC LAW 117-167 (H.R. 4346)
Making appropriations for Legislative Branch for the fiscal
year ending September 30, 2022, and for other purposes.
Summary
Division A, Section 106 appropriates $1.5 billion from FY
2022, available through FY 2032, to the Public Wireless Supply
Chain Innovation Fund established under section 9202(a)(1) of
the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021.
Legislative History
On July 1, 2021, H.R. 4346 was introduced by Representative
Ryan (OH-13) and referred to the Committee on Appropriations.
On July 1, 2021, the Committee on Appropriations reported
H.R. 4346 to the House (H. Rept. 117-80). On July 28, 2021,
H.R. 4346 was passed in the House by a recorded vote of 215
yeas to 207 nays (Roll Call No. 239).
On July 29, 2021, H.R. 4364 was received in the Senate,
read twice, and referred to the Committee on Appropriations. On
June 22, 2022, the Senate Committee on Appropriations
discharged the bill by unanimous consent and H.R. 4364 passed
the Senate with an amendment by unanimous consent.
On June 24, 2022, pursuant to the provisions of H. Res.
1204, the House agreed to the Senate amendment with amendment.
On July 27, 2022, the Senate concurred in the House amendment
to the Senate amendment to H.R. 4346 with an amendment by a
roll call vote of 64 yeas to 33 nays (Record Vote Number: 271)
and a message on the Senate action sent to the House. On July
28, 2022, a motion that the House agree to the Senate amendment
to the House amendment to the Senate amendment was agreed to by
a roll call vote of 243 yeas to 187 nays, 1 present (Roll no.
404).
On August 2, 2022, H.R. 4346 was presented to the President
and signed into law on August 9, 2022 (Public Law No. 117-167).
Inflation Reduction Act of 2022
PUBLIC LAW 117-169 (H.R. 4663, H.R. 5378)
To provide reconciliation pursuant to title II of S. Con.
Res. 14.
Summary
Subtitle K, Section 31101 provides $10 billion in funding
for NTIA to make grants available to eligible entities to
upgrade existing 9-1-1 infrastructure to Next Generation 9-1-1.
Under this provision, eligible entities are permitted to use
grant funds for equipment and services to implement, operate,
and maintain Next Generation 9-1-1 at emergency communications
centers and, on a limited basis, use grant funds to cover
training costs for public safety telecommunicators and others
who would be responsible for operating Next Generation 9-1-1
equipment. This section also provides $80 million in funding to
establish a Next Generation 9-1-1 Cybersecurity Center to
coordinate with state, local, and regional government partners
to share cybersecurity information, analyze cybersecurity
threats, and share guidelines and best practices for intrusion
detection and prevention as it relates to Next Generation 9-1-
1. This section provides an additional $20 million in funding
for NTIA Administrator to establish a Public Safety Next
Generation 9-1-1 Advisory Board to make recommendations to NTIA
with respect to deploying Next Generation 9-1-1 and ensuring
flexibility and coordination in administering the grant
program.
Subtitle L, Section 31201 incorporates H.R. 5378 providing
for a process of auctioning off at least 200 megahertz (MHz) of
mid-band spectrum in the 3.1 to 3.45 gigahertz (GHz) band for
flexible use and allow for additional opportunistic use of the
spectrum where feasible elsewhere.
Subtitle L, Section 31202 incorporates H.R. 4045 directing
the Secretary of Commerce to establish an advisory council to
advise Congress on the development and adoption of 6G and other
advanced wireless communications technologies. Funded at $10
million, the 14-member Future of Telecommunications Council is
to be comprised of members from industry, public interest and
academic organizations, and federal, state and local
governments.
Subtitle M, Section 31301 incorporates H.R. 4663 and
appropriates an additional $4 billion to the ECF established in
the American Rescue Plan Act to allow schools and libraries to
purchase internet services and devices for students, staff, and
patrons for connectivity off of school or library premises.
Legislative History
On September 13, 14, and 15, 2021, the Committee on Energy
and Commerce met in virtual markup to consider legislative
recommendations to comply with the reconciliation directive
included in section 2002 of the Concurrent Resolution on the
Budget for Fiscal Year 2022, S. Con. Res. 14. Subtitle A,
``Budget Reconciliation Legislative Recommendations Relating to
Air Pollution,'' was transmitted favorably to the Committee on
Budget, amended, by a roll call vote of 31 yeas and 26 nays.
Subtitle B, ``Budget Reconciliation Legislative Recommendations
Relating to Hazardous Materials,'' was transmitted favorably to
the Committee on Budget, amended, by a roll call vote of 31
yeas and 26 nays. Subtitle K, ``Budget Reconciliation
Legislative Recommendations Relating to Next Generation 9-1-
1,'' was transmitted favorably to the Committee on Budget,
amended, by a roll call vote of 31 yeas to 25 nays. Subtitle L,
``Budget Reconciliation Legislative Recommendations Relating to
Wireless Connectivity,'' was transmitted favorably to the
Committee on Budget, amended, by a roll call vote of 31 yeas
and 26 nays. Subtitle M, ``Budget Reconciliation Legislative
Recommendations Relating to Distance Learning,'' was
transmitted favorably to the Committee on Budget, amended, by a
roll call vote of 31 yeas and 26 nays. Subtitle C, ``Budget
Reconciliation Legislative Recommendations Relating to Drinking
Water,'' was ordered transmitted favorably to the Committee on
Budget, amended, by a roll call vote of 31 yeas and 25 nays.
Subtitle D, ``Budget Reconciliation Legislative Recommendations
Relating to Energy,'' was transmitted favorably to the
Committee on Budget, amended, by a roll call vote of 30 yeas
and 27 nays. The Committee on Energy and Commerce transmitted
these subtitles to the Committee on Budget and they were
incorporated into H.R. 5376.
On September 27, 2021, H.R. 5376 was introduced by
Representative Yarmuth (KY-3) and referred to the Committee on
Budget.
On September 27, 2021, the Committee on Budget reported
H.R. 5376 to the House (H. Rept. 117-130). On November 19,
2021, H.R. 5376 was passed in the House by a recorded vote of
220 yeas to 213 nays (Roll Call No. 385).
On August 2, 2022, H.R. 5376 was received in the Senate and
read for the first time. On August 3, 2022, the bill was read
for a second time.
On August 7, 2022, H.R. 5376 passed the Senate with an
amendment by a recorded vote of 51 yeas to 50 nays (Record Vote
Number: 325).
On August 12, 2022, pursuant to the provisions of H. Res.
1316, the House agreed to the Senate amendment by a roll call
vote of 220 yeas to 207 nays (Roll no. 420).
On August 15, 2022, H.R. 5376 was presented to the
President and signed into law on August 16, 2022 (Public Law
No. 117-169).
Safe Connections Act of 2022
PUBLIC LAW 117-223 (H.R. 7132)
Preserves safe access to communications services for
survivors of domestic violence and other crimes, and for other
purposes.
Summary
Amends the Communications Act of 1934 by requiring mobile
service providers, after receiving a request, initiated by a
survivor of domestic violence, human trafficking, or other
related crime, for a mobile service contract shared with an
abuser, to separate the line of the survivor (and the line of
any individual in the care of the survivor) from the shared
mobile service contract when technically feasible. The
legislation also directs the FCC to, within 18 months of
enactment, issue rules implementing the requirement and to
establish emergency communications support for those survivors
suffering financial hardship for up to six months.
Legislative History
On March 17, 2022, H.R. 7132 was introduced by
Representatives Kuster (NH-02) and Eshoo and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on March 18, 2022. A legislative hearing was held on the bill
on May 24, 2022. The witnesses included Mark Gibson, Director,
Business Development & Spectrum Policy, CommScope and
Regulatory Officer of the OnGo Alliance; Anna M. Gomez,
Partner, Wiley Rein LLP; Thomas E. Kadri, Ph.D., Assistant
Professor, University of Georgia School of Law; and Alisa
Valentin, Ph.D., Senior Director of Technology and
Telecommunications, National Urban League.
On June 15, 2022, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 7132 and five other bills. During consideration
of the bill, an amendment in the nature of a substitute (AINS),
offered by Representative Walberg, was agreed to by a voice
vote. Upon conclusion of consideration of the bill, the
Subcommittee on Communications and Technology agreed to report
the bill favorably to the full Committee, amended, by a roll
call vote of 29 yeas to 0 nays.
On July 13, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 7132 and four
other bills. No amendments were offered during consideration of
the bill. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 7132 reported favorably to the House, amended, by a roll
call vote of 53 yeas to 0 nays.
On July 26, 2022, the Committee on Energy and Commerce
reported H.R. 7132 to the House (H. Rept. 117-438), and the
bill was placed on the Union Calendar (Calendar No. 342). On
that same day, the House considered H.R. 7132 under suspension
of the Rules. On July 27, 2022, pursuant to section 5 of H.
Res. 1254, and the motion offered by Representative Kildee,
H.R. 7132 passed the House under suspension of the rules.
On July 28, 2022, H.R. 7132 was received in the Senate. On
November 17, 2022, the bill passed the Senate without amendment
by unanimous consent. H.R. 7132 was presented to the President
on December 2, 2022, and signed into law on December 7, 2022
(Public Law No. 117-223).
Data Mapping to Save Moms' Lives Act
PUBLIC LAW 117-247 (S. 198, H.R. 1218)
To require the FCC to incorporate data on maternal health
outcomes into its broadband health maps.
Summary
This legislation requires the FCC to integrate data related
to maternal health outcomes into the agency's Mapping Broadband
Health in America platform within 180 days of enactment, after
consultation from the CDC.
Legislative History
On February 23, 2021, H.R. 1218 was introduced by
Representatives Butterfield (NC-01), Bilirakis (FL-12), and
Blunt Rochester (DE-AL) and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on February 24,
2021. A legislative hearing was held on the bill on October 6,
2021. The witnesses included John Fogle, Council Member, City
of Loveland Colorado, National League of Cities Information
Technology and Communications Committee; Cheryl A. Leanza,
Policy Advisor, United Church of Christ, Office of
Communications, Inc.; Tim Donovan, Senior Vice President,
Legislative Affairs, Competitive Carriers Association; and Todd
Brandenburg, President and Chief Executive Officer, PocketiNet.
On November 3, 2021, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 1218 and one other bill. During consideration of
the bill, an amendment in the nature of a substitute (AINS)
offered by Representative Butterfield was agreed to by a voice
vote. Upon conclusion of consideration of the bill, the
Subcommittee on Communications and Technology agreed to report
the bill favorably to the full Committee, amended, by a voice
vote.
On November 17, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 1218 and 11 other
bills. No amendments were offered during consideration of the
bill. Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 1218 reported favorably to the House, as amended, by a
voice vote.
On March 31, 2022, the Committee on Energy and Commerce
reported H.R. 1218 to the House (H. Rept. 117-286), and the
bill was placed on the Union Calendar (Calendar No. 211). On
April 4, 2022, the House considered H.R. 1218 under suspension
of the Rules. The next day, H.R. 1218 passed the House, as
amended, by roll call vote of 409 yeas to 11 nays (Roll no.
110).
On April 6, 2022, the Senate received H.R. 1218, read the
bill twice, and placed on Senate Legislative Calendar under
General Orders (Calendar No. 340).
No further action was taken on H.R. 1218 in the 117th
Congress.
On December 5, 2022, the House considered the Senate
companion to H.R. 1218, S. 198, which passed the Senate on
March 2, 2022. On December 6, 2022, the House passed S. 198
under suspension of the rules. On December 13, 2022, the Senate
agreed to the House amendment by unanimous consent.
On December 16, 2022, S. 198 was presented to the
President. On December 20, 2022, the President signed S. 198
into law (Public Law No. 117-247).
Martha Wright Prison Phone Justice Act
PUBLIC LAW 117-__ (S. 1541, H.R. 2489)
Establishes requirements related to certain charges,
practices, classifications, or regulations in connection with
confinement facility (i.e., jail or prison) communications
services.
Summary
H.R. 2489 amends the Communications Act of 1934 to ensure
reasonable interstate charges for telecommunication and
advanced communications services in confinement facilities.
This legislation would direct the FCC to issue rules, within 18
months of enactment, setting maximum rates and charges that a
provider of confinement facility communications may charge for
such services and would require a biennial review to assure
such rates remain just and reasonable.
S. 1541 clarifies the authority of the Federal
Communications Commission (FCC) with respect to correctional
facility communications. Requires the FCC to determine just and
reasonable rates for correctional facility communications, and
provides that in determining such rates, the FCC may consider
the costs of safety and security measures to provide service in
such facilities.
Legislative History
On April 13, 2021, H.R. 2489 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 April 14,
2021. A legislative hearing was held on the bill on October 6,
2021. The witnesses included John Fogle, Council Member, City
of Loveland Colorado, National League of Cities Information
Technology and Communications Committee; Cheryl A. Leanza,
Policy Advisor, United Church of Christ, Office of
Communications, Inc.; Tim Donovan, Senior Vice President,
Legislative Affairs, Competitive Carriers Association; and Todd
Brandenburg, President and Chief Executive Officer, PocketiNet.
No further action was taken on H.R. 2489 in the 117th
Congress.
On December 22, 2022, the House considered the Senate
companion to H.R. 2489, S. 1541, which passed the Senate on
December 21, 2022. On December 22, 2022, the House passed S.
1541 under suspension of the rules.
On December 28, 2022, S. 1541 was presented to the
President. The Public Law number had not been assigned when
this report was filed.
Low Power Protection Act
PUBLIC LAW 117-__ (S. 3405)
Requires the Federal Communications Commission to issue a
rule providing that certain low power television stations may
be accorded primary status as Class A television licensees, and
for other purposes.
Summary
S. 3405 allows low power television stations operating in
Designated Market Areas serving no more than 95,000 households
to apply to the Federal Communications Commission for a Class A
license, which would afford such stations with protections
against harmful interference and ensure the communities served
by such stations can receive news, emergency information, and
other broadcasts without disruption.
Legislative History
On December 15, 2021, S. 3405 was introduced by Senators
Blunt (R-MO) and Wyden (D-OR) and referred to the Committee on
Commerce, Science, and Transportation. On March 22, 2022, the
Committee on Commerce, Science, and Transportation ordered S.
3405 to be reported favorably to the Senate, with an amendment.
On December 21, 2022. S. 3405 passed the Senate with an
amendment by unanimous consent.
On December 22, 2022, S. 3405 was received in the House and
passed the House under the suspension of the rules by a voice
vote.
On December 28, 2022, S. 3405 was presented to the
President. The Public Law number had not been assigned when
this report was filed.
Consolidated Appropriations Act, 2023
PUBLIC LAW 117-__ (H.R. 2617, H.R. 7624, H.R. 5378, H.R. 5486, H.R.
7783)
To amend section 1115 of title 31, United States Code, to
amend the description of how performance goals are achieved,
and for other purposes.
Summary
Title IX, Section 901 incorporates H.R. 7624 by extending
the FCC's spectrum auction authority to March 9, 2023.
Legislative History
On April 16, 2021, H.R. 2617 was introduced by
Representatives Connolly (VA-11) and Hice (GA-10) and was
referred to the Committee on Oversight and Reform.
On May 25, 2021, the Committee on Oversight and Reform held
a markup of the bill and ordered H.R. 2617 reported favorably
to the House, amended, by a voice vote.
On July 26, 2021, the House considered H.R. 2617 under
suspension of the rules. On July 26, 2021, the Chair announced
that further proceedings on the motion to suspend the rules and
pass H.R. 2617 would be postponed.
On September 28, 2021, H.R. 2617 was considered in the
House as unfinished business. That same day, H.R. 2617 passed
the House under suspension of the rules, as amended, by a
record vote of 414 yeas to 10 nays (Roll no. 304).
On September 29, 2021, H.R. 2617 was received in the
Senate, read twice, and referred to the Committee on Homeland
Security and Governmental Affairs.
On November 3, 2021, the Committee on Homeland Security and
Governmental Affairs ordered H.R. 2617 to be reported
favorably, without amendment.
On September 27, 2022, the Committee on Homeland Security
and Governmental Affairs ordered H.R. 2617 to the Senate with
amendments (Report No. 117-164).
On November 15, 2022, H.R. 2617 passed the Senate with
amendments by unanimous consent.
On December 14, 2022, the House agreed to Senate amendments
numbered 1, 2, 3, and 5, and the House agreed to Senate
amendment numbered 4 with an amendment pursuant to H. Res.
1518. On December 15, 2022, the message on the House amendment
to Senate amendment 4 was received in the Senate. On December
20, 2022, the motion to proceed to consideration of the House
message to accompany H.R. 2617 was agreed by a record vote of
70 yeas to 25 nays (Record Vote Number: 403).
On December 22, 2022, the Senate concurred in the House
amendment to Senate amendment to H.R. 2617 with an amendment by
a record vote of 68 yeas to 29 nays (Record Vote Number: 421).
On December 23, 2022, the House agreed to the Senate
amendment to the House amendment to the Senate amendment by
record vote of 225 yeas to 201 nays, 1 Present (Roll no. 549).
On December 28, 2022, H.R. 2617 was presented to the
President and signed by the President on December 29, 2022. The
Public Law number had not been assigned when this report was
filed.
On April 28, 2022, H.R. 7624 was introduced by
Representative Doyle and 20 bipartisan original cosponsors and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications and
Technology on April 29, 2022. A legislative hearing was held on
the bill on May 24, 2022. The witnesses included Mark Gibson,
Director, Business Development & Spectrum Policy, CommScope and
Regulatory Officer of the OnGo Alliance; Anna M. Gomez,
Partner, Wiley Rein LLP; Thomas E. Kadri, Ph.D., Assistant
Professor, University of Georgia School of Law; and Alisa
Valentin, Ph.D., Senior Director of Technology and
Telecommunications, National Urban League.
On June 15, 2022, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 7624 and five other bills. During consideration
of the bill, an amendment in the nature of a substitute (AINS),
offered by Representative Latta (OH-05), was agreed to by a
voice vote. Upon conclusion of consideration of the bill, the
Subcommittee on Communications and Technology agreed to report
the bill favorably to the full Committee, amended, by a roll
call vote of 29 yeas to 0 nays.
On July 13, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 7624 and four
other bills. An AINS, offered by Representative Latta, was
agreed to by a voice vote. Upon conclusion of consideration of
the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone, Chairman of the
Committee, to order H.R. 7624 reported favorably to the House,
amended, by a roll call vote of 52 yeas to 0 nays.
On July 22, 2022, the Committee on Energy and Commerce
reported H.R. 7624 to the House (H. Rept. 117-429), and the
bill was placed on the Union Calendar (Calendar No. 335). On
July 26, 2022, the House considered H.R. 7624 under suspension
of the Rules. On July 27, 2022, pursuant to section 5 of H.
Res. 1254, and the motion offered by Representative Kildee,
H.R. 7624 passed the House under suspension of the rules.
On July 28, 2022, H.R. 7624 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. 7624 in the 117th
Congress.
On September 27, 2021, H.R. 5378 was introduced by
Representatives Doyle (PA-18) and Matsui and was referred to
the Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on September 28, 2021.
No further action was taken on H.R. 5378 in the 117th
Congress. The provisions of H.R. 5378 were included in H.R.
7624.
On October 5, 2021, H.R. 5486 was introduced by
Representative Guthrie (KY-2) and was referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Communications and Technology on October 6,
2021. A legislative hearing was held on the bill on May 24,
2022. The witnesses included Mark Gibson, Director, Business
Development & Spectrum Policy, CommScope and Regulatory Officer
of the OnGo Alliance; Anna M. Gomez, Partner, Wiley Rein LLP;
Thomas E. Kadri, Ph.D., Assistant Professor, University of
Georgia School of Law; and Alisa Valentin, Ph.D., Senior
Director of Technology and Telecommunications, National Urban
League.
On June 15, 2022, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 5486 and five other bills. During consideration
of the bill, an amendment in the nature of a substitute (AINS),
offered by Representative Matsui, was agreed to by a voice
vote. Upon conclusion of consideration of the bill, the
Subcommittee on Communications and Technology agreed to a
motion on final passage offered by Representative Doyle,
Chairman of the Subcommittee, to order H.R. 5486 reported
favorably to the full Committee, amended, by a voice vote.
No further action was taken on H.R. 5486 in the 117th
Congress. The provisions of H.R. 5486 were included in H.R.
7624.
On May 16, 2022, H.R. 7783 was introduced by
Representatives Davids (KS-3), Joyce (PA-13), Welch (VT-AL),
and Johnson (OH-6) and was referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on May 17, 2022.
A legislative hearing was held on the bill on May 24, 2022. The
witnesses included Mark Gibson, Director, Business Development
& Spectrum Policy, CommScope and Regulatory Officer of the OnGo
Alliance; Anna M. Gomez, Partner, Wiley Rein LLP; Thomas E.
Kadri, Ph.D., Assistant Professor, University of Georgia School
of Law; and Alisa Valentin, Ph.D., Senior Director of
Technology and Telecommunications, National Urban League.
On June 15, 2022, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 7783 and five other bills. No amendments were
offered during consideration of the bill. Upon conclusion of
consideration of the bill, the Subcommittee on Communications
and Technology agreed to a motion on final passage offered by
Representative Doyle, Chairman of the Subcommittee, to order
H.R. 7783 reported favorably to the full Committee, without
amendment, by a roll call vote of 29 yeas to 0 nays.
No further action was taken on H.R. 7783 in the 117th
Congress. The provisions of H.R. 7783 were included in H.R.
7624.
Preserving Home and Office Numbers in Emergencies Act of 2021
H.R. 678
To amend the Communications Act of 1934 to provide for a
moratorium on number reassignment after a disaster declaration.
Summary
This legislation ensures that in the case of a number
assigned to a subscriber for the provision of fixed wireline
voice service at a location in a designated area during a
covered period, the number may not be reassigned except at the
request of the subscriber. Additionally, the assignment of the
number may not be rescinded or otherwise modified except at the
request of the subscriber.
Legislative History
On February 1, 2021, H.R. 678 was introduced by
Representative Thompson (CA-05) and 16 other bipartisan
cosponsors and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on February 2,
2021.
On July 19, 2021, the House considered H.R. 678 under
suspension of the Rules. Pursuant to section 7 of H. Res. 535,
and the motion offered by Majority Leader Hoyer (MD-05), H.R.
678 was passed under suspension of the rules.
On July 21, 2021, the Senate received H.R. 678, read the
bill twice, and referred the bill to the Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 678 in the 117th
Congress.
Protecting Critical Infrastructure Act
H.R. 1042
Imposes an enhanced general penalty on any person who is
sentenced to imprisonment for violating certain communications
laws and who willfully or maliciously destroys any
communications facility during and in relation to such
violation.
Summary
Amends the Communications Act of 1934 to impose an enhanced
penalty on anyone who willfully or maliciously destroys any
communications facility. The penalty carries with it a two-year
prison sentence with no option for probation.
Legislative History
On May 20, 2021, H.R. 1042 was introduced by Representative
Bucshon and referred to the Committee on Energy and Commerce
and the Committee on Judiciary. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on February 16, 2021. A legislative hearing was held on the
bill on October 6, 2021. The witnesses included John Fogle,
Council Member, City of Loveland Colorado, National League of
Cities Information Technology and Communications Committee;
Cheryl A. Leanza, Policy Advisor, United Church of Christ,
Office of Communications, Inc.; Tim Donovan, Senior Vice
President, Legislative Affairs, Competitive Carriers
Association; and Todd Brandenburg, President and Chief
Executive Officer, PocketiNet.
No further action was taken on H.R. 1042 in the 117th
Congress.
Federal Broadband Deployment in Unserved Areas Act
H.R. 1046
Establishes measures to facilitate the sharing of broadband
availability data among federal agencies to support the
deployment of broadband in unserved areas.
Summary
Requires the FCC to provide broadband availability data to
the Departments of Agriculture (DOA), Commerce, and the
Interior. The bill also establishes an interagency working
group to facilitate data sharing using interoperable
information technology systems. It further requires the FCC,
the Secretaries of Agriculture, Commerce, and the Interior to
complete an assessment of the ability of users to locate
communications facilities in certain unserved areas and whether
the relevant agency prioritized siting requests on relevant
unserved land.
Legislative History
On February 15, 2021, H.R. 1046 was introduced by
Representative Curtis (UT-03) and referred to the Committee on
Energy and Commerce, the Committee on Natural Resources, and
the Committee on Agriculture. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on February 16, 2021. A legislative hearing was held on the
bill on October 6, 2021. The witnesses included John Fogle,
Council Member, City of Loveland Colorado, National League of
Cities Information Technology and Communications Committee;
Cheryl A. Leanza, Policy Advisor, United Church of Christ,
Office of Communications, Inc.; Tim Donovan, Senior Vice
President, Legislative Affairs, Competitive Carriers
Association; and Todd Brandenburg, President and Chief
Executive Officer, PocketiNet.
No further action was taken on H.R. 1046 in the 117th
Congress.
Expediting Federal Broadband Deployment Reviews Act
H.R. 1049
Requires NTIA to establish an interagency strike force to
increase specified agencies' prioritization of reviews for
communications use authorizations on federal property.
Summary
Directs NTIA to establish and lead an interagency strike
force to help prioritize reviews by the Department of
Agriculture and the Department of the Interior for requests to
deploy and authorize broadband communications uses and
facilities on federal land. A Communications use authorization
is an easement, right-of-way, lease, license, or other
authorization to locate or modify a communications facility on
certain public land.
Legislative History
On February 15, 2021, H.R. 1049 was introduced by
Representative Duncan (SC-03) and referred to the Committee on
Energy and Commerce, the Committee on Natural Resources, and
the Committee on Agriculture. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on February 16, 2021. A legislative hearing was held on the
bill on October 6, 2021. The witnesses included John Fogle,
Council Member, City of Loveland Colorado, National League of
Cities Information Technology and Communications Committee;
Cheryl A. Leanza, Policy Advisor, United Church of Christ,
Office of Communications, Inc.; Tim Donovan, Senior Vice
President, Legislative Affairs, Competitive Carriers
Association; and Todd Brandenburg, President and Chief
Executive Officer, PocketiNet.
No further action was taken on H.R. 1049 in the 117th
Congress.
Wireless Resiliency and Flexible Investment Act
H.R. 1058
Provides statutory authority for the 60-day time frame for
a state or local government that receives a completed eligible
facilities request, to approve such request.
Summary
Requires a state or local government to approve an
application to modify certain existing wireless communications
infrastructure, including infrastructure that would improve
resiliency, within 60 days, or the request would be deemed
approved on the day after the 60-day period ends.
Legislative History
On February 15, 2021, H.R. 1058 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 February
16, 2021. A legislative hearing was held on the bill on October
6, 2021. The witnesses included John Fogle, Council Member,
City of Loveland Colorado, National League of Cities
Information Technology and Communications Committee; Cheryl A.
Leanza, Policy Advisor, United Church of Christ, Office of
Communications, Inc.; Tim Donovan, Senior Vice President,
Legislative Affairs, Competitive Carriers Association; and Todd
Brandenburg, President and Chief Executive Officer, PocketiNet.
No further action was taken on H.R. 1058 in the 117th
Congress.
Emergency Reporting Act
H.R. 1250
To direct the FCC to issue reports after activation of the
Disaster Information Reporting System and to make improvements
to network outage reporting.
Summary
This legislation requires that no later than six weeks
after the deactivation of the Disaster Information Reporting
System with respect to an event for which the System was
activated for at least seven days, the FCC shall issue a
preliminary report. The report must include the number and
duration of any outages, broadband internet access services,
VoIP services, commercial mobile services, and commercial
mobile data service. The report must also identify the
approximate number of users, or the amount of communications
infrastructure potentially affected by an outage, the number
and duration of any outages at public safety answering points,
and any additional information deemed appropriate.
Legislative History
On February 23, 2021, H.R. 1250 was introduced by
Representatives Matsui (CA-06), Bilirakis, Eshoo, Thompson, and
Huffman (CA-02) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on February 24,
2021.
On July 19, 2021, Representative Pallone, Chairman of the
Committee, moved to suspend the rules and the House considered
H.R. 1250 under suspension of the Rules. Pursuant to section 7
of H. Res. 535, and the motion offered by Majority Leader
Hoyer, the H.R. 1250 was passed under suspension of the rules
on July 20, 2021.
On July 21, 2021, the Senate received H.R. 1250, read the
bill twice, and referred the bill to the Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 1250 in the 117th
Congress.
Measuring the Economics Driving Investments and Access for Diversity
Act of 2021
H.R. 1754
To amend the Communications Act of 1934 to require the FCC
to consider market entry barriers for socially disadvantaged
individuals in the biennial communications marketplace report.
Summary
This legislation amends the Communications Act of 1934 by
adding that the FCC, in assessing the state of competition
under subsection (b)(1) and regulatory barriers under
subsection (b)(3), shall consider market entry barriers for
socially disadvantaged individuals in the communications
marketplace in accordance with the national policy under
section 257(b).
Legislative History
On March 10, 2021, H.R. 1754 was introduced by
Representatives Long (MO-07) and Veasey (TX-33) and referred to
the Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on March 11, 2021.
On July 19, 2021, Representative Pallone, Chairman of the
Committee, moved to suspend the rules and the House considered
H.R. 1754 under suspension of the Rules. Pursuant to section 7
of H. Res. 535, and the motion offered by Majority Leader
Hoyer, the H.R. 1754 was passed under suspension of the rules
on July 20, 2021.
On July 21, 2021, the Senate received H.R. 1754, read the
bill twice, and referred the bill to the Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 1754 in the 117th
Congress.
Protecting Americans From Dangerous Algorithms Act
H.R. 2154
Limits a social media company's immunity from liability if
it promotes certain content on its platform.
Summary
Amends section 230(c) of the Communications Act of 1934 to
preclude an interactive computer service from claiming immunity
in instances where it uses an algorithm to amplify or recommend
content directly relevant to a case involving interference with
civil rights, neglect to prevent interference with civil
rights, and in cases involving international terrorism.
However, the platform could regain the liability restrictions
if it makes the operation of its algorithm ``obvious,
understandable, and transparent to a reasonable user,'' or in
cases where a platform provides an algorithm to support search
features that users voluntarily opt to use.
Legislative History
On March 23, 2021, H.R. 2154 was introduced by
Representative Malinowski (NJ-07) and nine other original
cosponsors and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on March 24,
2021. A legislative hearing was held on the bill on December 1,
2021. The witnesses included Frances Haugen, Former Facebook
Employee; Rashad Robinson, President, Color of Change; James
Steyer, Founder and CEO, Common Sense Media; Kara Frederick,
Research Fellow in Technology Policy, The Heritage Foundation;
The Honorable Karen Kornbluh, Director, Digital Innovation and
Democracy Initiative and Senior Fellow; Carrie Goldberg, Esq.,
Owner, C. A. Goldberg Law Firm, PLLC; Matthew F. Wood, Vice
President of Policy and General Counsel, Free Press Action; Dr.
Mary Anne Franks, Professor of Law and Michael R. Klein
Distinguished Scholar Chair, University of Miami School of Law,
President and Legislative & Tech Policy Director, Cyber Civil
Rights Initiative; Eugene Volokh, Gary T. Schwartz
Distinguished Professor of Law, UCLA School of Law; and Daniel
A. Lyons, Professor & Associate Dean for Academic Affairs,
Boston College Law School, Nonresident Senior Fellow, American
Enterprise Institute, The German Marshall Fund of the United
States.
No further action was taken on H.R. 2154 in the 117th
Congress.
Spectrum Coordination Act
H.R. 2501
Requires the National Telecommunications and Information
Administration (NTIA) and the FCC to update the memorandum of
understanding on spectrum coordination.
Summary
This legislation requires NTIA and FCC to update their
memorandum of understanding on spectrum coordination entered
into in January 2003. The memorandum of understanding should be
updated to: (1) improve the process for resolving Frequency
allocation disputes between the two agencies; (2) ensure that
spectrum is used efficiently; and (3) establish reasonable
timelines in the exchange of information between the two
agencies in order to maintain effective spectrum coordination
and collaboration.
Legislative History
On April 14, 2021, H.R. 2501 was introduced by
Representative Bilirakis and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on April 15,
2021. A legislative hearing was held on the bill on October 6,
2021. The witnesses included John Fogle, Council Member, City
of Loveland Colorado, National League of Cities Information
Technology and Communications Committee; Cheryl A. Leanza,
Policy Advisor, United Church of Christ, Office of
Communications, Inc.; Tim Donovan, Senior Vice President,
Legislative Affairs, Competitive Carriers Association; and Todd
Brandenburg, President and Chief Executive Officer, PocketiNet.
On November 3, 2021, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 2501 and one other bill. During consideration of
the bill, an amendment in the nature of a substitute (AINS)
offered by Subcommittee Chairman Doyle (PA-18) was agreed to by
a voice vote. Upon conclusion of consideration of the bill, the
Subcommittee on Communications and Technology agreed to report
the bill favorably to the full Committee, amended, by a voice
vote.
On November 17, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 2501 and 11 other
bills. No amendments were offered during consideration of the
bill. Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 2501 reported favorably to the House, as amended, by a
voice vote.
On March 31, 2022, the Committee on Energy and Commerce
reported H.R. 2501 to the House (H. Rept. 117-287), and the
bill was placed on the Union Calendar (Calendar No. 212). On
April 4, 2022, the House considered H.R. 2501 under suspension
of the Rules. The next day, H.R. 2501 passed the House, as
amended, by roll call vote of 418 yeas to 6 nays (Roll no.
111).
On April 6, 2022, the Senate received H.R. 2501, read the
bill twice, and the bill was referred to the Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 2501 in the 117th
Congress.
Civil Rights Modernization Act of 2021
H.R. 3184
Specifies that the federal liability protection that a
provider of an interactive computer service (e.g., a social
media company) receives for content provided by third parties
does not apply to certain advertisements that target users who
are part of a protected class or have a protected status.
Summary
Amends section 230(e) of the Communications Act of 1934,
which provides exemptions to the section 230(c) protections,
for the targeting of ads where such ads violate civil rights
laws. Civil rights laws include federal, state, and local laws
that prohibit discrimination on the basis of a protected class
or status or prohibit voter access.
Legislative History
On May 13, 2021, H.R. 3184 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 May 14, 2021.
A legislative hearing was held on the bill on December 1, 2021.
The witnesses included Frances Haugen, Former Facebook
Employee; Rashad Robinson, President, Color of Change; James
Steyer, Founder and CEO, Common Sense Media; Kara Frederick,
Research Fellow in Technology Policy, The Heritage Foundation;
The Honorable Karen Kornbluh, Director, Digital Innovation and
Democracy Initiative and Senior Fellow; Carrie Goldberg, Esq.,
Owner, C. A. Goldberg Law Firm, PLLC; Matthew F. Wood, Vice
President of Policy and General Counsel, Free Press Action; Dr.
Mary Anne Franks, Professor of Law and Michael R. Klein
Distinguished Scholar Chair, University of Miami School of Law,
President and Legislative & Tech Policy Director, Cyber Civil
Rights Initiative; Eugene Volokh, Gary T. Schwartz
Distinguished Professor of Law, UCLA School of Law; and Daniel
A. Lyons, Professor & Associate Dean for Academic Affairs,
Boston College Law School, Nonresident Senior Fellow, American
Enterprise Institute, The German Marshall Fund of the United
States.
No further action was taken on H.R. 3184 in the 117th
Congress.
Safeguarding Against Fraud, Exploitation, Threats, Extremism, and
Consumer Harms Act
H.R. 3421
Limits federal liability protection that applies to a user
or provider of an interactive computer service (e.g., a social
media company) for claims related to content provided by third
parties.
Summary
Reforms section 230 of the Communications Act of 1934 by
(1) replacing immunity under (c)(1) for third party
``information'' with immunity for third-party ``speech''; (2)
removing liability protections for paid advertisements; (3)
prohibiting providers of interactive computer services from
pleading immunity in requests for injunctive relief in certain
cases; and (4) creating additional immunity exemptions for
state or federal civil rights laws, state or federal antitrust
laws, state or federal stalking or harassment laws,
international human rights laws, and wrongful death actions.
Legislative History
On May 20, 2021, H.R. 3421 was introduced by
Representatives McEachin (VA-04), Castor (FL-14), and Levin
(CA-49) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Communications and Technology on May 21, 2021. A legislative
hearing was held on the bill on December 1, 2021. The witnesses
included Frances Haugen, Former Facebook Employee; Rashad
Robinson, President, Color of Change; James Steyer, Founder and
CEO, Common Sense Media; Kara Frederick, Research Fellow in
Technology Policy, The Heritage Foundation; The Honorable Karen
Kornbluh, Director, Digital Innovation and Democracy Initiative
and Senior Fellow; Carrie Goldberg, Esq., Owner, C. A. Goldberg
Law Firm, PLLC; Matthew F. Wood, Vice President of Policy and
General Counsel, Free Press Action; Dr. Mary Anne Franks,
Professor of Law and Michael R. Klein Distinguished Scholar
Chair, University of Miami School of Law, President and
Legislative & Tech Policy Director, Cyber Civil Rights
Initiative; Eugene Volokh, Gary T. Schwartz Distinguished
Professor of Law, UCLA School of Law; and Daniel A. Lyons,
Professor & Associate Dean for Academic Affairs, Boston College
Law School, Nonresident Senior Fellow, American Enterprise
Institute, The German Marshall Fund of the United States.
No further action was taken on H.R. 3421 in the 117th
Congress.
Timely Evaluation of Acquisition, Mergers, or Transactions With
External, Lawful Entities to Clear Owners and Management Act
H.R. 4029
Provides statutory authority for the interagency working
group at NTIA that assesses and addresses the law enforcement
and national security policy implications arising from foreign
ownership in an applicant for certain telecommunications
licenses and permits.
Summary
The legislation formalizes the existing review process for
entities applying for authorization to construct or extend any
transmission line or submarine cable line where the applicant
has above a certain threshold of foreign ownership interest.
This bill would put NTIA in charge of the coordinating efforts
with appropriate federal agencies with subject matter
expertise.
Legislative History
On June 22, 2021, H.R. 4029 was introduced by
Representative Johnson (OH-06) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on June 23, 2021.
A legislative hearing was held on the bill on June 30, 2021.
The Subcommittee received testimony from Dileep Srihari, Senior
Policy Counsel, Access Partnership; Dean Brenner, Spectrum
Strategy & Tech Policy, Qualcomm Incorporated; Jason Boswell,
Head of Security, Network Product Solutions, N.A., Ericsson;
and Clete Johnson, Senior Fellow, Strategic Technologies
Program, Center for Strategic and International Studies.
No further action was taken on H.R. 4029 in the 117th
Congress.
Section 331 Obligation Clarification Act
H.R. 4208
Amends the Communications Act of 1934 to clarify the
obligations of licensees under section 331 of that Act.
Summary
This legislation amends section 331 of the Communications
Act of 1934 to allow the FCC to reallocate a licensee's high
frequency (VHF) or ultra-high frequency (UHF) commercial
broadcast station to a state where there is currently no
commercial VHF or UHF station. A licensee that is reallocated
pursuant to section 331 will be required to broadcast at least
14 hours of local programming per week. This legislation would
also require the licensee to maintain a studio within the
community it serves and file regular programming disclosures
with the FCC. Lastly, the bill would require GAO to submit a
report to Congress that examines the process by which the FCC
renews broadcast television licenses.
Legislative History
On June 28, 2021, H.R. 4208 was introduced by
Representatives Pascrell (NJ-09), Sires (NJ-08), and 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 June 29, 2021. A legislative
hearing was held on the bill on October 6, 2021. The witnesses
included John Fogle, Council Member, City of Loveland Colorado,
National League of Cities Information Technology and
Communications Committee; Cheryl A. Leanza, Policy Advisor,
United Church of Christ, Office of Communications, Inc.; Tim
Donovan, Senior Vice President, Legislative Affairs,
Competitive Carriers Association; and Todd Brandenburg,
President and Chief Executive Officer, PocketiNet.
No further action was taken on H.R. 4208 in the 117th
Congress.
Ensuring Phone and Internet Access Through Lifeline and Affordable
Connectivity Program Act of 2022
H.R. 4275
Requires the FCC to report on enrollment in the Lifeline
and Affordable Connectivity (ACP) programs. The Lifeline
program and ACP are both designed to reduce the cost of
communications services for low-income consumers, and it allows
those consumers to qualify for this assistance based on, among
other things, their receipt of other federal assistance
programs (e.g., Medicaid or Federal Public Housing Assistance).
Summary
Requires the FCC to biennially submit a report to Congress
on enrollment in the Lifeline Program and ACP based on
verification of eligibility through the qualifying federal
programs. The legislation also requires the GAO to evaluate the
effectiveness of advertising for the Lifeline and ACP programs.
Legislative History
On June 30, 2021, H.R. 4275 was introduced by
Representatives Luria (VA-02) and Katko (NY-24) and referred to
the Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on July 1, 2021. A legislative hearing was held on the bill on
May 24, 2022. The witnesses included Mark Gibson, Director,
Business Development & Spectrum Policy, CommScope and
Regulatory Officer of the OnGo Alliance; Anna M. Gomez,
Partner, Wiley Rein LLP; Thomas E. Kadri, Ph.D., Assistant
Professor, University of Georgia School of Law; and Alisa
Valentin, Ph.D., Senior Director of Technology and
Telecommunications, National Urban League.
On June 15, 2022, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 4275 and five other bills. During consideration
of the bill, an amendment in the nature of a substitute (AINS),
offered by Representative Pallone, was agreed to by a voice
vote. Upon conclusion of consideration of the bill, the
Subcommittee on Communications and Technology agreed to a
motion on final passage offered by Representative Doyle,
Chairman of the Subcommittee, to order H.R. 4275 reported
favorably to the full Committee, amended, by a voice vote.
On July 13, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4275 and four
other bills. During consideration of the bill, no amendments
were offered. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 4275 reported favorably to the House, as amended, by a
roll call vote of 48 yeas to 0 nays.
On November 14, 2022, the Committee on Energy and Commerce
reported H.R. 4275 to the House (H. Rept. 117-552), and the
bill was placed on the Union Calendar (Calendar No. 396). On
that same day, the House considered H.R. 4275 under suspension
of the Rules. On November 17, 2022, pursuant to section 2 of H.
Res. 1464, H.R. 4275 passed the House, as amended, under
suspension of the rules.
On November 17, 2022, H.R. 4275 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. 4275 in the 117th
Congress.
America Creating Opportunities for Manufacturing, Pre-Eminence in
Technology, and Economic Strength Act of 2022
H.R. 4521 (H.R. 2685, H.R. 3003, H.R. 4028, H.R. 4032, H.R. 4045, H.R.
4046, H.R. 4055, H.R. 4067)
To provide for coordinated Federal research initiative to
ensure continued United States leadership in engineering
biology.
Summary
Division C, Title I, Section 20101 appropriates $1.5
billion to the Public Wireless Supply Chain Innovation Fund
established under section 9202(a)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021.
Section 20102 incorporates H.R. 2685 by requiring the
Assistant Secretary of Commerce for Communications and
Information (Assistant Secretary), in consultation with
Department of Homeland Security, to submit a report to Congress
within one year examining the cybersecurity of mobile
communications networks and the vulnerability of these
networks, and mobile devices, to cyberattacks and surveillance
by adversaries.
Section 20103 incorporates H.R. 4028 by directing the
Secretary of Commerce to submit a report to Congress within one
year analyzing the information and communication technology
(ICT) supply chain by determining the ICT critical to the
economic competitiveness of the United States, as well as the
economic competitiveness of trusted vendors in the ICT supply
chain, and identifying the actions the federal government could
undertake and the resources it could provide to support the
economic competitiveness of trusted ICT vendors while reducing
dependence on non-trusted ICT vendors. This section also
requires the Secretary to submit to Congress, within six months
after the report is submitted, a whole-of-government strategy
to ensure the economic competitiveness of trusted ICT vendors
in the United States.
Section 20104 incorporates H.R. 4032 by directing the
Assistant Secretary, acting through the head of the Office of
Internet Connectivity and Growth, to conduct outreach and
provide technical assistance to small communications network
providers to raise awareness of the uses, benefits, and
challenges of Open Radio Access Network (RAN) networks and
other open network architectures. This section also requires
the Assistant Secretary to raise awareness about, and
participation in, the Wireless Supply Chain Innovation Grant
Program established under section 9202(a)(1) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021.
Section 20105 incorporates H.R. 4045 by directing the
Federal Communications Commission (FCC) to create a 6G (sixth
generation) Task Force within 120 days. It stipulates that the
membership of the Task Force must be appointed by the Chair of
the FCC, and that the membership be composed of
representatives, to the extent practicable, from trusted
companies from the communications industry (meaning those not
controlled by or subject to the influence of foreign
adversaries), trusted public interest groups, and government
representatives, with at least one representative respectively
representing federal, state, local, and Tribal governments.
This section also requires the Task Force to submit a report to
Congress within one year on 6G wireless technology, including
the status of industry-led standards-setting bodies in setting
standards for 6G, the possible uses, strengths, and limitations
of 6G (including any supply chain, cybersecurity, or other
limitations that will need to be addressed in future
generations of wireless technologies), and how federal, state,
local, and Tribal governments can leverage 6G.
Section 20106 incorporates H.R. 4046 by redesignating the
existing NTIA Office of Policy Analysis and Development as the
Office of Policy Development and Cybersecurity. In addition to
codifying the responsibilities of NTIA in administering the
information sharing program in Section 8 of the Secure and
Trusted Communications Act, this section assigns the Office
functions to coordinate and develop policy regarding the
cybersecurity of the internet and other communications
networks, among other things.
Section 20107 incorporates H.R. 4055 by directing the
Secretary of Commerce, in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency, to develop
and conduct a cybersecurity literacy campaign (which must be
available in multiple languages and formats, if practicable) to
increase the knowledge and awareness of Americans on the ways
to reduce cybersecurity risks. Among other things, this section
requires the campaign to educate the American people on how to
prevent and mitigate cyberattacks and cybersecurity risks as
well as encourages them to use resources to help mitigate
cybersecurity risks.
Section 20108 incorporates H.R. 4067 by codifying an
existing FCC advisory council, the Communications Security,
Reliability, and Interoperability Council. It stipulates that
the membership of the Council must be appointed by the Chair of
the FCC, and that the membership be composed of
representatives, to the extent practicable, from trusted
companies from the communications industry (meaning those not
controlled by or subject to the influence of foreign
adversaries), trusted public interest groups, and government
representatives, with at least one representative respectively
representing federal, state, local, and Tribal governments.
This section also requires biennial reporting to the FCC and
the public that includes recommendations to increase the
security, reliability, and interoperability of communications
networks as well as other relevant issues.
Section 20109 incorporates H.R. 3003 by directing the
Assistant Secretary, in consultation with the National
Institute of Standards of Technology, to encourage and
facilitate the participation of trusted companies (meaning
those that do not pose a threat to U.S. national security) in
standards-setting bodies, including the International
Organization for Standardization, the 3rd Generation
Partnership Project, the Institute of Electrical and
Electronics Engineers, and any standards-setting body
accredited by the American National Standards Institute or the
Alliance for Telecommunications Industry Solutions. This
section also requires the Assistant Secretary to brief Congress
on their efforts within 60 days.
Legislative History
On July 19, 2021, H.R. 4521 was introduced by
Representatives Johnson (TX-30) and Lucas (OK-03) referred to
the Committee on Science, Space, and Technology, the Committee
on Agriculture, and the Committee on Energy and Commerce.
On January 19, 2022, the Committee on Science, Space, and
Technology reported H.R. 4521 to the House (H. Rept. 117-235,
Part I). On February 2, 2022, H.R. 4521 was considered in the
House. On February 4, 2022, H.R. 4521 was passed in the House,
amended, by a recorded vote of 222 yeas to 210 nays (Roll Call
No. 31).
On February 17, 2022, H.R. 4521 was received in the Senate.
On March 28, 2022, H.R. 4521 passed the Senate having achieved
60 votes in the affirmative, with an amendment by a recorded
vote of 68 yeas to 28 nays (Record Vote Number: 109). On March
29, 2022, the message on Senate action sent to the House.
On March 31, 2022, a motion that the House disagree to the
Senate amendment, and request a conference was agreed to
without objection. On April 4, 2022, the Speaker appointed
conferees--from the Committee on Energy and Commerce for
consideration of the House bill and the Senate amendment, and
modifications committed to conference: Pallone, Eshoo,
Schakowsky, Matsui, Tonko, Blunt Rochester, Soto, Rodgers (WA),
Bucshon, Carter (GA), Duncan, and Crenshaw.
On April 20, 2021, H.R. 2685 was introduced Representatives
Eshoo (CA-18) and Kinzinger (IL-16) introduced and was referred
to the Committee on Energy and Commerce. Subsequently, on April
21, 2021, H.R. 2685 was referred to the Subcommittee on
Communications and Technology. A legislative hearing was held
on the bill on June 30, 2021. The Subcommittee received
testimony from Dileep Srihari, Senior Policy Counsel, Access
Partnership; Dean Brenner, Spectrum Strategy & Tech Policy,
Qualcomm Incorporated; Jason Boswell, Head of Security, Network
Product Solutions, N.A., Ericsson; and Clete Johnson, Senior
Fellow, Strategic Technologies Program, Center for Strategic
and International Studies.
On July 20, 2021, the Subcommittee on Communications and
Technology was discharged from further consideration of the
bill. On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 2685 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative Eshoo
was agreed to by a voice vote. Upon conclusion of consideration
of the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone (NJ-06), Chairman of
the Committee, to order H.R. 2685 reported favorably to the
House, amended, by a voice vote.
On November 30, 2021, the Committee on Energy and Commerce
reported H.R. 2685 to the House (H. Rept. 117-186). On December
1, 2021, H.R. 2685 passed the House under suspension of the
rules by a record vote of 404 yeas to 19 nays (Roll no. 389).
On December 2, 2021, H.R. 2685 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. 2685 in the 117th
Congress.
On May 4, 2021, H.R. 3003 was introduced by Representatives
Walberg (MI-07), Dingell (MI-12), Johnson (OH-06), and Kuster
(NH-02). Subsequently, on May 5, 2021, H.R. 3003 was referred
to the Subcommittee on Communications and Technology.
On July 19, 2021, H.R. 3003 was considered in the House
under suspension of the rules. The next day, H.R. 3003 passed
the House under suspension of the rules.
On July 21, 2021, H.R. 3003 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. 3003 in the 117th
Congress.
On June 22, 2021, H.R. 4028 was introduced by
Representatives Long (MO-07), Spanberger (VA-07), Carter (GA-
01), and McNerney (CA-09) and was referred to the Committee on
Energy and Commerce. Subsequently, on June 23, 2021, H.R. 4028
was referred to the Subcommittee on Communications and
Technology. A legislative hearing was held on the bill on June
30, 2021. The Subcommittee received testimony from Dileep
Srihari, Senior Policy Counsel, Access Partnership; Dean
Brenner, Spectrum Strategy & Tech Policy, Qualcomm
Incorporated; Jason Boswell, Head of Security, Network Product
Solutions, N.A., Ericsson; and Clete Johnson, Senior Fellow,
Strategic Technologies Program, Center for Strategic and
International Studies.
On July 20, 2021, the Subcommittee on Communications and
Technology was discharged from further consideration of the
bill. On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4028 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative Long
was agreed to by a voice vote. Upon conclusion of consideration
of the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone, Chairman of the
Committee, to order H.R. 4028 reported favorably to the House,
amended, by a voice vote.
On October 19, 2021, the Committee on Energy and Commerce
reported H.R. 4028 to the House (H. Rept. 117-147).
On October 20, 2021, H.R. 4028 passed the House under
suspension of the rules by a record vote of 413 yeas to 14 nays
(Roll no. 326).
On October 21, 2021, H.R. 4028 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. 4028 in the 117th
Congress.
On June 22, 2021, H.R. 4032 was introduced by
Representatives Allred (TX-32), Tom O'Halleran (AZ-01), Hudson
(NC-08), and Guthrie (KY-02) and was referred to the Committee
on Energy and Commerce. Subsequently, on June 23, 2021, H.R.
4032 was referred to the Subcommittee on Communications and
Technology. A legislative hearing was held on the bill on June
30, 2021. The Subcommittee received testimony from Dileep
Srihari, Senior Policy Counsel, Access Partnership; Dean
Brenner, Spectrum Strategy & Tech Policy, Qualcomm
Incorporated; Jason Boswell, Head of Security, Network Product
Solutions, N.A., Ericsson; and Clete Johnson, Senior Fellow,
Strategic Technologies Program, Center for Strategic and
International Studies.
On July 20, 2021, the Subcommittee on Communications and
Technology was discharged from further consideration of the
bill. On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4032 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative
McNerney was agreed to by a voice vote. An amendment to the
AINS, offered by Representative Latta (OH-05), was agreed to by
a voice vote. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 4032 reported favorably to the House, amended, by a voice
vote.
On October 19, 2021, the Committee on Energy and Commerce
reported H.R. 4032 to the House (H. Rept. 117-150).
On October 20, 2021, H.R. 4032 passed the House under
suspension of the rules by a record vote of 410 yeas to 17 nays
(Roll no. 324).
On October 21, 2021, H.R. 4032 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. 4032 in the 117th
Congress.
On June 22, 2021, H.R. 4045 was introduced by
Representatives Doyle (PA-18), McBath (GA-06), and Johnson (OH-
06), and was referred to the Committee on Energy and Commerce.
Subsequently, on June 23, 2021, H.R. 4045 was referred to the
Subcommittee on Communications and Technology. A legislative
hearing was held on the bill on June 30, 2021. The Subcommittee
received testimony from Dileep Srihari, Senior Policy Counsel,
Access Partnership; Dean Brenner, Spectrum Strategy & Tech
Policy, Qualcomm Incorporated; Jason Boswell, Head of Security,
Network Product Solutions, N.A., Ericsson; and Clete Johnson,
Senior Fellow, Strategic Technologies Program, Center for
Strategic and International Studies.
On July 20, 2021, the Subcommittee on Communications and
Technology was discharged from further consideration of the
bill. On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4045 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative Kelly
(IL-02) was agreed to by a voice vote. Upon conclusion of
consideration of the bill, the full Committee agreed to a
motion on final passage offered by Representative Pallone,
Chairman of the Committee, to order H.R. 4045 reported
favorably to the House, amended, by a voice vote.
On November 30, 2021, the Committee on Energy and Commerce
reported H.R. 4045 to the House (H. Rept. 117-185).
On December 1, 2021, H.R. 4045 passed the House under
suspension of the rules by a record vote of 394 yeas to 27 nays
(Roll no. 390).
On December 2, 2021, H.R. 4045 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. 4045 in the 117th
Congress.
On June 22, 2021, H.R. 4046 was introduced by
Representatives Duncan (SC-03), Wild (PA-07), and Curits (UT-
03), and was referred to the Committee on Energy and Commerce.
Subsequently, on June 23, 2021, H.R. 4046 was referred to the
Subcommittee on Communications and Technology. A legislative
hearing was held on the bill on June 30, 2021. The Subcommittee
received testimony from Dileep Srihari, Senior Policy Counsel,
Access Partnership; Dean Brenner, Spectrum Strategy & Tech
Policy, Qualcomm Incorporated; Jason Boswell, Head of Security,
Network Product Solutions, N.A., Ericsson; and Clete Johnson,
Senior Fellow, Strategic Technologies Program, Center for
Strategic and International Studies.
H.R. 4046 was discharged from the Subcommittee on
Communications and Technology on July 20, 2021.
On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4046 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative Duncan
was agreed to by a voice vote. Upon conclusion of consideration
of the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone, Chairman of the
Committee, to order H.R. 4046 reported favorably to the House,
amended, by a voice vote.
No further action was taken on H.R. 4046 in the 117th
Congress.
On June 22, 2021, H.R. 4055 was introduced by
Representatives Kinzinger, Eshoo, Bilirakis (FL-12), Veasey
(TX-33), and Houlahan (PA-06), and was referred to the
Committee on Energy and Commerce. Subsequently, on June 23,
2021, H.R. 4045 was referred to the Subcommittee on
Communications and Technology. A legislative hearing was held
on the bill on June 30, 2021. The Subcommittee received
testimony from Dileep Srihari, Senior Policy Counsel, Access
Partnership; Dean Brenner, Spectrum Strategy & Tech Policy,
Qualcomm Incorporated; Jason Boswell, Head of Security, Network
Product Solutions, N.A., Ericsson; and Clete Johnson, Senior
Fellow, Strategic Technologies Program, Center for Strategic
and International Studies.
On July 20, 2021, the Subcommittee on Communications and
Technology was discharged from further consideration of the
bill.
On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4055 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative
Kinzinger was agreed to by a voice vote. An amendment to the
AINS, offered by Representative Eshoo, was agreed to by a voice
vote. Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 4055 reported favorably to the House, amended, by a voice
vote.
On November 30, 2021, the Committee on Energy and Commerce
reported H.R. 4055 to the House (H. Rept. 117-155).
On December 1, 2021, H.R. 4055 passed the House under
suspension of the rules by a record vote of 408 yeas to 17 nays
(Roll no. 391).
On December 2, 2021, H.R. 4055 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. 4055 in the 117th
Congress.
On June 22, 2021, H.R. 4067 was introduced by
Representatives Slotkin (MI-08), Walberg, and Schrader (OR-05),
and was referred to the Committee on Energy and Commerce.
Subsequently, on June 23, 2021, H.R. 4067 was referred to the
Subcommittee on Communications and Technology. A legislative
hearing was held on the bill on June 30, 2021. The Subcommittee
received testimony from Dileep Srihari, Senior Policy Counsel,
Access Partnership; Dean Brenner, Spectrum Strategy & Tech
Policy, Qualcomm Incorporated; Jason Boswell, Head of Security,
Network Product Solutions, N.A., Ericsson; and Clete Johnson,
Senior Fellow, Strategic Technologies Program, Center for
Strategic and International Studies.
On July 20, 2021, the Subcommittee on Communications and
Technology was discharged from further consideration of the
bill.
On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4067 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative
Schrader was agreed to by a voice vote. Upon conclusion of
consideration of the bill, the full Committee agreed to a
motion on final passage offered by Representative Pallone,
Chairman of the Committee, to order H.R. 4067 reported
favorably to the House, amended, by a voice vote.
On October 15, 2021, the Committee on Energy and Commerce
reported H.R. 4067 to the House (H. Rept. 117-145).
On October 20, 2021, H.R. 4067 passed the House under
suspension of the rules by a record vote of 397 yeas to 29 nays
(Roll no. 325).
On October 21, 2021, H.R. 4067 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. 4067 in the 117th
Congress.
Institute for Telecommunication Science Codification Act
H.R. 4990
Provides statutory authority for the Institute for
Telecommunication Sciences (ITS), which serves as the
telecommunications testing arm of NTIA.
Summary
Amends the National Telecommunications and Information
Administration (NTIA) Organization Act by providing additional
statutory authority for ITS. It also requires the Assistant
Secretary of Commerce for Communications and Information to
establish an initiative to support the development of emergency
communication and tracking technologies.
Legislative History
On August 10, 2021, H.R. 4990 was introduced by
Representative Carter (GA-01) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on August 11,
2021. A legislative hearing was held on the bill on May 24,
2022. The witnesses included Mark Gibson, Director, Business
Development & Spectrum Policy, CommScope and Regulatory Officer
of the OnGo Alliance; Anna M. Gomez, Partner, Wiley Rein LLP;
Thomas E. Kadri, Ph.D., Assistant Professor, University of
Georgia School of Law; and Alisa Valentin, Ph.D., Senior
Director of Technology and Telecommunications, National Urban
League.
On June 15, 2022, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 4990 and five other bills. During consideration
of the bill, an amendment in the nature of a substitute (AINS),
offered by Representative O'Halleran (AZ-01), was agreed to by
a voice vote. Upon conclusion of consideration of the bill, the
Subcommittee on Communications and Technology agreed to report
the bill favorably to the full Committee, amended, by a roll
call vote of 27 yeas to 0 nays.
On July 13, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4990 and four
other bills. No amendments were offered during consideration of
the bill. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 4990 reported favorably to the House, amended, by a roll
call vote of 51 yeas to 0 nays.
On July 26, 2022, the Committee on Energy and Commerce
reported H.R. 4990 to the House (H. Rept. 117-437), and the
bill was placed on the Union Calendar (Calendar No. 341). The
next day, the House considered H.R. 4990 under suspension of
the Rules and passed the House, as amended, by a voice vote.
On July 28, 2022, the Senate received H.R. 4990, read the
bill twice, and the bill was referred to the Committee on
Commerce, Science, and Transportation.
No further action was taken on H.R. 4990 in the 117th
Congress.
Information Sharing and Advanced Communications Alerting Act
H.R. 5028
Requires the Technological Advisory Council of the FCC in
consultation with relevant stakeholders, to submit a report
that identifies measures, barriers, and recommendations for
implementing a 9-1-1 disability alerting system.
Summary
Directs the technical advisory council at the FCC, in
consultation with disability advocates, State 9-1-1
administrators, and other public safety officials, to issue a
report regarding any standards, protocols, or procedures
necessary to implement a 9-1-1 disability alerting system,
among other things.
Legislative History
On August 13, 2021, H.R. 5028 was introduced by
Representatives Rodgers (WA-05) and Dingell (MI-12) and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications and
Technology on August 16, 2021. A legislative hearing was held
on the bill on October 6, 2021. The witnesses included John
Fogle, Council Member, City of Loveland Colorado, National
League of Cities Information Technology and Communications
Committee; Cheryl A. Leanza, Policy Advisor, United Church of
Christ, Office of Communications, Inc.; Tim Donovan, Senior
Vice President, Legislative Affairs, Competitive Carriers
Association; and Todd Brandenburg, President and Chief
Executive Officer, PocketiNet.
No further action was taken on H.R. 5028 in the 117th
Congress.
Broadband Incentives for Communities Act
H.R. 5058
Requires NTIA to establish a grant program to assist local
governments and Tribes with efficient review and approval of
zoning or permitting applications that facilitate the
deployment of broadband infrastructure.
Summary
Directs NTIA to establish a competitive grant program to
assist local governments in providing efficient review and
approval of zoning and permitting applications for the
deployment of broadband infrastructure.
Legislative History
On August 20, 2021, H.R. 5028 was introduced by
Representative Fletcher (TX-07) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Communications and Technology on August 23,
2021. A legislative hearing was held on the bill on October 6,
2021. The witnesses included John Fogle, Council Member, City
of Loveland Colorado, National League of Cities Information
Technology and Communications Committee; Cheryl A. Leanza,
Policy Advisor, United Church of Christ, Office of
Communications, Inc.; Tim Donovan, Senior Vice President,
Legislative Affairs, Competitive Carriers Association; and Todd
Brandenburg, President and Chief Executive Officer, PocketiNet.
No further action was taken on H.R. 5058 in the 117th
Congress.
Preventing Disruptions to Universal Service Funds Act
H.R. 5400
Extends through December 31, 2024, the waiver of certain
budgetary restrictions on the USF to continue allowing the fund
to incur obligations or make expenditures in advance of
appropriations.
Summary
Exempts the USF programs from Antideficiency Act provisions
until December 31, 2024.
Legislative History
On September 28, 2021, H.R. 5400 was introduced by
Representatives Hayes (CT-05) and Veasey and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on September 29, 2021. A legislative hearing was held on the
bill on October 6, 2021. The witnesses included John Fogle,
Council Member, City of Loveland Colorado, National League of
Cities Information Technology and Communications Committee;
Cheryl A. Leanza, Policy Advisor, United Church of Christ,
Office of Communications, Inc.; Tim Donovan, Senior Vice
President, Legislative Affairs, Competitive Carriers
Association; and Todd Brandenburg, President and Chief
Executive Officer, PocketiNet.
On June 15, 2022, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 5400 and five other bills. During consideration
of the bill, an amendment in the nature of a substitute (AINS),
offered by Representative Curtis, was agreed to by a voice
vote. Upon conclusion of consideration of the bill, the
Subcommittee on Communications and Technology agreed to report
the bill favorably to the full Committee, amended, by a roll
call vote of 29 yeas to 0 nays.
No further action was taken on H.R. 5400 in the 117th
Congress.
Justice Against Malicious Algorithms Act of 2021
H.R. 5596
Limits federal liability protection that applies to a
provider of an interactive computer service (e.g., a social
media company) for claims related to content provided by a
third party if the provider makes personalized recommendations
of online content that causes physical or emotional injury.
Summary
Amends section 230 of the Communications Act of 1934 to
remove absolute immunity in certain instances. Specifically,
the bill would lift the liability shield in section 230(c)(1)
when an online platform knowingly or recklessly uses an
algorithm to recommend content that materially contributes to
physical or severe emotional injury. The bill includes
exceptions, thus leaving the section 230(c)(1) immunity intact,
for user-generated search, internet infrastructure such as web
hosting or data storage and transfer, and for small online
platforms with fewer than five million unique monthly visitors
or users.
Legislative History
On October 15, 2021, H.R. 5596 was introduced by
Representatives Pallone, Doyle, Schakowsky (IL-09), and Eshoo
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Communications
and Technology on September 29, 2021. A legislative hearing was
held on the bill on December 1, 2021. The witnesses included
Frances Haugen, Former Facebook Employee; Rashad Robinson,
President, Color of Change; James Steyer, Founder and CEO,
Common Sense Media; Kara Frederick, Research Fellow in
Technology Policy, The Heritage Foundation; The Honorable Karen
Kornbluh, Director, Digital Innovation and Democracy Initiative
and Senior Fellow; Carrie Goldberg, Esq., Owner, C. A. Goldberg
Law Firm, PLLC; Matthew F. Wood, Vice President of Policy and
General Counsel, Free Press Action; Dr. Mary Anne Franks,
Professor of Law and Michael R. Klein Distinguished Scholar
Chair, University of Miami School of Law, President and
Legislative & Tech Policy Director, Cyber Civil Rights
Initiative; Eugene Volokh, Gary T. Schwartz Distinguished
Professor of Law, UCLA School of Law; and Daniel A. Lyons,
Professor & Associate Dean for Academic Affairs, Boston College
Law School, Nonresident Senior Fellow, American Enterprise
Institute, The German Marshall Fund of the United States.
No further action was taken on H.R. 5596 in the 117th
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. 277
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
Reaffirms 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.
Legislative History
On March 26, 2021, H. Res. 277 was introduced by
Representative Demings (FL-10) and 59 other original bipartisan
cosponsors and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on March 29,
2021.
On July 19, 2021, H. Res. 277 was considered in the House
under suspension of the rules. On July 20, 2021, pursuant to
section 7 of H. Res. 535, H. Res. 277 was agreed to under
suspension of the rules.
No further action was taken on H. Res. 277 in the 117th
Congress.
Of Inquiry Requesting the President To Provide Certain Documents to the
House of Representatives Relating to Online Censorship of Political
Speech
H. RES. 1237
Requests the President to submit to the House of
Representatives documents related to online censorship of
political speech.
Summary
The President of the United States is requested to furnish
to the House of Representatives, not later than 14 days after
the date of adoption of this resolution, copies of any
document, record, audio recording, memorandum, call log,
correspondence (electronic or otherwise), or other
communication in his possession, or any portion of any
document, record, audio recording, memorandum, call log,
correspondence (electronic or otherwise), or other
communication, that, among other things, refers or relates to
communications and coordination between the Executive Office of
the President and social media companies regarding censorship,
moderation, or removal of content on social media platforms.
Legislative History
H. Res. 1237 was introduced on July 20, 2022, by
Representative Bishop (NC-09) and was referred to the Committee
on Energy and Commerce. Subsequently, on July 21, 2022, the
resolution was referred to the Subcommittee on Communications
and Technology. The resolution was discharged from the
Subcommittee on Communications and Technology on September 21,
2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1237, without amendment, adversely
reported to the House by a recorded vote of 30 yeas and 18
nays.
On September 26, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1237 to the House (H. Rept. 117-
496), and it was placed on the House Calendar, Calendar No.
113.
No further action was taken on H. Res. 1237 in the 117th
Congress.
Of Inquiry Requesting the President To Transmit to the House of
Representatives Certain Documents Relating to Misinformation and the
Preservation of Free Speech
H. RES. 1264
Requests the President to submit to the House of
Representatives documents related to misinformation and the
preservation of free speech.
Summary
The President of the United States is requested to transmit
to the House of Representatives, not later than 14 days after
the date of adoption of this resolution, copies of any
document, record, audio recording, memorandum, call log,
correspondence (electronic or otherwise), or other
communication in his possession, or any portion of any
document, record, audio recording, memorandum, call log,
correspondence (electronic or otherwise), or other
communication, that refers or relates to the communication or
coordination between the personnel of the Executive Office of
the President and the personnel of the Federal Communications
Commission (FCC) regarding the regulation of programming
decisions by multichannel video programming distributers,
broadcast stations, and video streaming services. The
resolution also requests documents regarding any efforts by the
FCC to reinstate the ``fairness doctrine'' or to regulate Big
Tech.
Legislative History
H. Res. 1264 was introduced on July 26, 2022, by
Representative Carter (GA-01) and was referred to the Committee
on Energy and Commerce. Subsequently, on July 27, 2022, the
resolution was referred to the Subcommittee on Communications
and Technology. The resolution was discharged from the
Subcommittee on Communications and Technology on September 21,
2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1264, without amendment, adversely
reported to the House by a record vote of 30 yeas and 19 nays.
On September 28, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1264 to the House (H. Rept. 117-
510), and it was placed on the House Calendar, Calendar No.
120.
No further action was taken on H. Res. 1264 in the 117th
Congress.
Of Inquiry Requesting the President Transmit to the House of
Representatives Certain Documents Relating to Activities of the
National Telecommunications and Information Administration Relating to
Broadband Service
H. RES. 1271
Requests the President to submit to the House of
Representatives documents related to the activities of the
National Telecommunications and Information Administration
(NTIA) relating to broadband service.
Summary
The President of the United States is requested to transmit
to the House of Representatives, not later than 14 days after
the date of adoption of this resolution, copies of any
document, record, audio recording, memorandum, call log,
correspondence (electronic or otherwise), or other
communication in his possession, or any portion of any
document, record, audio recording, memorandum, call log,
correspondence (electronic or otherwise), or other
communication between the personnel of the Executive Office of
the President and NTIA personnel regarding the Connecting
Minority Communities Pilot Program, the Tribal Broadband
Connectivity Program, the Broadband Infrastructure Program, the
Broadband Equity, Access, and Deployment Program, the State
Digital Equity Capacity Grant Program, the Digital Equity
Competitive Grant Program, or the middle mile infrastructure
program established under the Infrastructure Investment and
Jobs Act. The resolution also requests documents regarding
communications between the Office of the Vice President and
personnel at NTIA and FCC regarding Federal broadband policy
since April 28, 2021. Finally, the resolution requests
documents regarding communications between the personnel of the
Executive Office of the President and personnel of NTIA, the
FCC, the Department of Education, or the Department of
Agriculture regarding the overlap or duplication, or the
potential thereof, among programs supporting broadband.
Legislative History
H. Res. 1271 was introduced on July 26, 2022, by
Representative Hudson (NC-08) and was referred to the Committee
on Energy and Commerce. Subsequently, on July 27, 2022, the
resolution was referred to the Subcommittee on Communications
and Technology. The resolution was discharged from the
Subcommittee on Communications and Technology on September 21,
2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1271, without amendment, adversely
reported to the House by a recorded vote of 30 yeas and 19
nays.
On September 28, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1271 to the House (H. Rept. 117-
512), and it was placed on the House Calendar, Calendar No.
122.
No further action was taken on H. Res. 1271 in the 117th
Congress.
Of Inquiry Requesting the President Provide to the House of
Representatives Certain Documents or Records Relating to Coordination
Between Social Media Companies and the Biden Administration on
Information, Censorship, and Censorship Meetings in Order To Suppress
or Deplatform Persons or Information the Administration Views as
Misinformation, Disinformation, and Malinformation on COVID-19, Hunter
Biden, and Elections, and Certain Documents or Records Relating to
Plans To Provide Grant Funding to Consortiums, Including the Democratic
National Committee, in the United States
H. RES. 1476
Requests the President to submit to the House of
Representatives documents related to coordination between
social media companies and the Biden administration on
information, censorship, and censorship meetings in order to
suppress or deplatform persons or information the
administration views as misinformation, disinformation, and
malinformation.
Summary
The resolution requests certain records from the President
primarily pertaining to an unfounded allegation that a
nonpartisan research collaboration created to counter
disinformation about election processes or procedures, colludes
with the current administration to remove opposing viewpoints
from social media platforms.
Legislative History
H. Res. 1476 was introduced on November 16, 2022, by
Representative Clyde (GA-09) and was referred to the Committee
on Energy and Commerce. Subsequently, on November 17, 2022, the
resolution was referred to the Subcommittee on Communications
and Technology. The resolution was discharged from the
Subcommittee on Communications and Technology on December 14,
2022.
On December 14, 2022, the Committee met in open markup
session and ordered H. Res. 1476, without amendment, adversely
reported to the House by a recorded vote of 28 yeas and 23
nays.
On December 16, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1476 to the House (H. Rept. 117-
648), and it was placed on the House Calendar, Calendar No.
168.
No further action was taken on H. Res. 1476 in the 117th
Congress.
OVERSIGHT ACTIVITIES
Connecting America: Broadband Solutions to Pandemic Problems
On February 17, 2021, the Subcommittee on Communications
and Technology held a hearing entitled ``Connecting America:
Broadband Solutions to Pandemic Problems.'' The purpose of this
hearing was to examine the digital divide, homework gap, and
public access to critically important resources, such as
telehealth and career services. The Subcommittee received
testimony from Matthew F. Wood, Vice President of Policy and
General Counsel, Free Press Action; Dr. Tiffany Anderson,
Superintendent, Topeka Public Schools; Christopher M. Shelton,
President, Communications Workers of America; and Jonathan
Adelstein, President and CEO, Wireless Infrastructure
Association.
Fanning the Flames: Disinformation and Extremism in the Media
On February 24, 2021, the Subcommittee on Communications
and Technology held a hearing entitled ``Fanning the Flames:
Disinformation and Extremism in the Media.'' The purpose of
this hearing was to examine the role of traditional media
platforms--broadcasters and cable networks--in disseminating
disinformation and extremist content to the American public.
The Subcommittee received testimony from Soledad O'Brien,
Anchor, Matter of Fact, CEO, Soledad O'Brien Productions; Emily
Bell, Leonard Tow Professor of Journalism, Tow Center for
Digital Journalism, Columbia University; Kristin Danielle
Urquiza, Co-Founder, Marked by COVID; and Jonathan Turley,
Professor, The George Washington University Law School.
Disinformation Nation: Social Media's Role in Promoting Extremism and
Disinformation
On March 25, 2021, the Subcommittee on Communications and
Technology and the Subcommittee on Consumer Protection and
Commerce held a joint hearing entitled ``Disinformation Nation:
Social Media's Role in Promoting Extremism and
Disinformation.'' The purpose of this hearing was to examine
the dissemination of misinformation and extremist content on
social media online platforms operated by Facebook, Google, and
Twitter, which all maximize their reach--and advertising
dollars--by using algorithms or other technologies to promote
content and make content recommendations that increase user
engagement. The Subcommittees received testimony from Mark
Zuckerberg, Chairman and Chief Executive Officer, Facebook;
Sundar Pichai, Chief Executive Officer, Google; and Jack
Dorsey, Chief Executive Officer, Twitter.
Leading the Wireless Future: Securing American Network Technology
On April 21, 2021, the Subcommittee on Communications and
Technology held a hearing entitled ``Leading the Wireless
Future: Securing American Network Technology.'' The purpose of
this hearing was to examine how to best modernize and secure
United States wireless networks for the future. The
Subcommittee received testimony from John Baker, Senior Vice
President, Business Development, Mavenir; John Mezzalingua,
Chief Executive Officer, JMA Wireless; Tim Donovan, SVP,
Legislative Affairs, Competitive Carriers Association; Tareq
Amin, EVP and Group Chief Technology Officer, Rakuten Mobile;
and Diane Rinaldo, Executive Director, Open RAN Policy
Coalition.
Broadband Equity: Addressing Disparities in Access and Affordability
On May 6, 2021, the Subcommittee on Communications and
Technology held a hearing entitled ``Broadband Equity:
Addressing Disparities in Access and Affordability.'' The
purpose of this hearing was to examine the disparities that
exist in accessing affordable, reliable high-speed internet.
The Subcommittee received testimony from Joi Chaney, Executive
Director of the Washington Bureau & Senior Vice President for
Advocacy and Policy, National Urban League; Chris Lewis,
President and Chief Executive Officer, Public Knowledge;
Francella Ochillo, Executive Director, Next Century Cities; and
George S. Ford, Chief Economist, Phoenix Center for Advanced
Legal & Economic Public Policy Studies.
A Safe and Wireless Future: Securing Our Networks and Supply Chains
On June 30, 2021, the Subcommittee on Communications and
Technology held a hearing entitled ``A Safe Wireless Future:
Securing Our Networks and Supply Chains.'' The purpose of this
hearing was to examine how the nation faces converging
security, supply chain, and other policy issues related to the
increasing number and diversity of wireless networks and
devices. The Subcommittee received testimony from Dileep
Srihari, Senior Policy Counsel, Access Partnership; Dean
Brenner, SVP, Spectrum Strategy & Tech Policy, Qualcomm Inc.;
Jason Boswell, Head of Security, Network Product Solutions,
Ericsson; and Clete Johnson, Senior Fellow, Strategic
Technologies Program, Center for Strategic and International
Studies.
Connecting America: Oversight of NTIA Strengthening Our Communications
Networks To Meet the Needs of Consumers
On October 6, 2021, the Subcommittee on Communications and
Technology held a hearing entitled ``Strengthening Our
Communications Networks to Meet the Needs of Consumers.'' The
purpose of this hearing was to examine the ways Congress can
expand and strengthen access to essential communication
networks as Americans exceedingly become more reliant on the
internet for telehealth, remote work, education, and
entertainment. The Subcommittee received testimony from the
Honorable John Fogle, Council Member, City of Loveland,
Colorado, National League of Cities Information Technology and
Communications Committee; Cheryl A. Leanza, Policy Advisor,
United Church of Christ, Office of Communications, Inc.; Tim
Donovan, SVP, Legislative Affairs, Competitive Carriers
Association; and Todd Brandenburg, President and CEO,
PocketiNet.
Connecting America: Oversight of NTIA Holding Big Tech Accountable:
Targeted Reforms to Tech's Legal Immunity
On December 1, 2021, the Subcommittee on Communications and
Technology held a hearing entitled ``Holding Big Tech
Accountable: Targeted Reforms to Tech's Legal Immunity.'' The
purpose of this hearing was to examine ways to mitigate the
harms related to social media platforms and examine how to hold
social media companies and their leaders accountable. The
Subcommittee received testimony from Frances Haugen, former
Facebook employee; Rashad Robinson, President, Color of Change;
James Steyer, Founder and CEO, Common Sense Media; Kara
Frederick, Research Fellow in Technology Policy, The Heritage
Foundation; Honorable Karen Kornbluh, Director of Digital
Innovation and Democracy Initiative and Senior Fellow, The
German Marshall Fund of the United States; Carrie Goldberg,
Owner, C.A. Goldberg Law Firm PLLC; Matthew F. Wood, Vice
President of Policy and General Counsel, Free Press Action;
Mary Anne Franks, Professor of Law and Michael R. Klein
Distinguished Scholar Chair, University of Miami School of Law,
President and Legislative & Tech Policy Director, Cyber Civil
Rights Initiative; Eugene Volokh, Gary T. Schwartz
Distinguished Professor of Law, UCLA School of Law; and Daniel
A. Lyons, Professor & Associate Dean for Academic Affairs,
Boston College Law School, Nonresident Senior Fellow, American
Enterprise Institute.
Connecting America: Oversight of NTIA
On February 16, 2022, the Subcommittee on Communications
and Technology held a hearing entitled ``Connecting America:
Oversight of NTIA.'' The purpose of this hearing was to examine
how the National Telecommunications and Information
Administration (NTIA) plans to allocate and oversee the $45
billion broadband investment passed as part of the
Infrastructure Investment and Jobs Act to connect unserved and
underserved Americans across the country, as well as gain
insight into how NTIA is managing the other broadband grant
programs Congress directed the agency to oversee and by
Congress and how NTIA is collaborating with the Federal
Communications Commission in overseeing our nation's spectrum
resources. The Subcommittee received testimony from The
Honorable Alan Davidson, Assistant Secretary for Communications
and Information, Administrator of NTIA, U.S. Department of
Commerce.
5G and Beyond: Exploring the Next Wireless Frontier
On March 16, 2022, the Subcommittee on Communications and
Technology held a hearing entitled ``5G and Beyond: Exploring
the Next Wireless Frontier.'' The purpose of this hearing was
to examine how Congress can help facilitate the advancement of
next-generation wireless technologies, including 5G and
advanced Wi-Fi, to ensure the United States uses these
technologies to benefit consumers and to remain a global leader
in this important economic sector. The Subcommittee received
testimony from Scott Bergmann, Senior Vice President,
Regulatory Affairs, CTIA; Mary L. Brown, Senior Director,
Government Affairs, Cisco Systems, Inc.; Greg Guice, Director
of Government Affairs, Public Knowledge; Jayne Stancavage,
Global Executive Director, Product and Digital Infrastructure
Policy, Intel Corporation; and Von Todd, Chief Executive of
Corporate Strategy and Analytics, HTC Inc., Director,
Competitive Carriers Association Board of Directors.
Connecting America: Oversight of the FCC
On March 31, 2022, the Subcommittee on Communications and
Technology held a hearing entitled ``Connecting America:
Oversight of the FCC.'' The purpose of this hearing was to hear
from the Commissioners of the Federal Communications Commission
(FCC) about the agency's work to connect all Americans
regardless of income or zip code, promote secure and resilient
networks, and replenish our nation's spectrum pipeline for
commercial wireless use. The Subcommittee received testimony
from The Honorable Jessica Rosenworcel, Chairwoman of the FCC;
The Honorable Brendan Carr, Commissioner, FCC; The Honorable
Geoffrey Starks, Commissioner, FCC; and The Honorable Nathan
Simington, Commissioner, FCC.
Subcommittee on Energy
LEGISLATIVE ACTIVITIES
Infrastructure Investment and Jobs Act
PUBLIC LAW 117-58
(H.R. 3684, H.R. 806, H.R. 1221, H.R. 1374, H.R. 1879, H.R. 1992, H.R.
2852, H.R. 2948, H.R. 4261, H.R. 4909, H.R. 4960)
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Summary
This bill provides funding for infrastructure projects,
including roads, bridges, and major projects; passenger and
freight rail; highway and pedestrian safety; public transit;
broadband; ports and waterways; airports; water infrastructure;
power and gird reliability and resiliency; resiliency; clean
school buses and ferries; electric vehicle charging; addressing
legacy pollution; and western water infrastructure. The bill
also revises requirements governing the designation of a
national interest electric transmission corridor.
Division M Section 17101 was inspired by H.R. 806, the
``Clean Energy and Sustainability Accelerator Act.'' This
section was not included in the Public Law but was passed in
the version of H.R. 3684 that was engrossed in the House.
Division D Title III Subtitle A Sections 40302-40306 were
inspired by H.R. 1992, the ``Storing CO2 and Lowering Emissions
(SCALE) Act.'' These sections establish programs within the DOE
that provide financial support and incentives to develop
infrastructure for carbon dioxide capture, transport,
utilization, and storage. Those programs include a Carbon-to-
Value Research, Development, and Demonstration center to
support the research, development and deployment of advanced
fuels and chemicals made from carbon dioxide; a new CO2
Infrastructure Finance and Innovation Act to provide low
interest loans and grants to build CO2 transportation
infrastructure; and support for commercial-scale saline
geologic storage projects.
Division D Title III Subtitle B Sections 40313-40315 were
inspired by H.R. 4909, the ``Clean Hydrogen Energy Act.'' These
sections set forth provisions to advance the research,
development, demonstration, and deployment of hydrogen. These
provisions require DOE to fund research, development, and
demonstration projects to advance new clean hydrogen
production, processing, delivery, cost, and storage. DOE must
also establish a program to support the development of Regional
Clean Hydrogen Hubs and develop a national clean hydrogen
strategy and roadmap.
Division P Title I Subtitle B Sections 20111-20114 were
inspired by H.R. 1221, the ``Electric Vehicles for Underserved
Communities Act of 2021.'' These sections establish a program
at DOE to support the deployment of electric vehicle charging
infrastructure in underserved or disadvantaged communities.
Under the program, DOE shall provide technical assistance and
award grants to increase the deployment and accessibility of
electric vehicle charging infrastructure in such communities.
Additionally, this bill establishes an education and outreach
component of the program to ensure underserved and
disadvantaged communities are familiar with the benefits and
opportunities of EV charging. These sections were not included
in the Public Law but were passed in the version of H.R. 3684
that was engrossed in the House.
Division D Title I Subtitle A Section 40108 was inspired by
H.R. 1374, the ``Enhancing State Energy Security Planning and
Emergency Preparedness Act of 2021.'' This section authorizes
DOE to provide financial assistance to states for the
implementation, review, and revision of a state energy security
plan that assesses the state's existing circumstances and
proposes methods to strengthen the ability of the state to have
a reliable, secure, and resilient energy infrastructure. A
state energy security plan must contain specified content,
including a risk assessment of energy infrastructure and cross-
sector interdependencies and a risk mitigation approach to
enhance reliability and end-use resilience. The plan must
address potential hazards to each energy sector or system,
including physical threats, and cybersecurity threats and
vulnerabilities. Upon request of a state, DOE may provide
information and technical assistance, and other assistance, in
the development, implementation, or revision of a state energy
security plan.
Division P Title II Section 20201; Section 20103; Section
20105; and Section 20107 were inspired by H.R. 1879 ``U.S.A.
Electrify Forward Act.'' These sections provide provides
incentives (e.g., grants and loans) for the development,
production, manufacturing, and distribution of electric
vehicles and charging infrastructure for such vehicles. This
section was not included in the Public Law but was passed in
the version of H.R. 3684 that was engrossed in the House.
Division P Title I Subtitle A Sections 20102-20108; and
Title II Section 20201 were inspired by H.R. 2852, the ``NO
EXHAUST Act of 2021.'' These sections establish incentives and
related requirements to encourage the manufacture and use of
electric, fuel-efficient, or zero-emission vehicles. For
example, the bill directs DOE to establish a program to provide
rebates for expenses associated with publicly accessible
electric vehicle supply equipment (e.g., power outlets). In
addition, the bill reauthorizes existing grant programs and
creates new grant programs, such as grants for the deployment
of electric vehicle charging infrastructure in underserved or
disadvantaged communities. It also revises a loan program that
provides incentives to manufacture advanced vehicles, including
by allowing loans to be awarded through FY2031. Finally, the
bill establishes minimum conservation requirements for federal
fleets of vehicles. This section was not included in the Public
Law but was passed in the version of H.R. 3684 that was
engrossed in the House.
Division P Title II Section 20201 was inspired by H.R.
2852, the ``NO EXHAUST Act of 2021.'' This section establishes
incentives and related requirements to encourage the
manufacture and use of electric, fuel-efficient, or zero-
emission vehicles. For example, the bill directs DOE to
establish a program to provide rebates for expenses associated
with publicly accessible electric vehicle supply equipment
(e.g., power outlets). In addition, the bill reauthorizes
existing grant programs and creates new grant programs, such as
grants for the deployment of electric vehicle charging
infrastructure in underserved or disadvantaged communities. It
also revises a loan program that provides incentives to
manufacture advanced vehicles, including by allowing loans to
be awarded through FY2031. Finally, the bill establishes
minimum conservation requirements for federal fleets of
vehicles. This section was not included in the Public Law but
was passed in the version of H.R. 3684 that was engrossed in
the House.
Division P Title I Subtitle A Section 20102 was inspired by
H.R. 2948, the ``Electric Vehicle Infrastructure Rebate Act of
2021.'' This section requires DOE to establish a rebate program
to encourage investment in electric vehicle charging
infrastructure. The program must provide rebates for certain
expenses associated with electric vehicle supply equipment
located at workplaces, multi-unit housing structures, and
publicly accessible locations. This section was not included in
the Public Law but was passed in the version of H.R. 3684 that
was engrossed in the House.
Division C Title J Section 8206 was inspired by H.R. 4261,
the ``Pipeline Seismic Safety Study Act.'' This section
requires the Department of Transportation (DOT) to contract
with the National Academy of Sciences for a study evaluating
federal requirements for pipeline facilities concerning
seismicity, erosion, and other dynamic geological conditions.
DOT must consult with the FERC on the study. This section was
not included in the Public Law but was passed in the version of
H.R. 3684 that was engrossed in the House.
Division D Title III Subtitle C Section 40323 was inspired
by H.R. 4960, the ``Preserving Existing Nuclear Energy
Generation Act.'' This section requires the DOE to establish a
program to evaluate nuclear reactors that are projected to
cease operations due to economic factors and to allocate
financial credits to certain reactors, and to create a grant
program to assist communities with revenue shortfalls due to
closures of nuclear power plants.
Legislative History
On February 4, 2021, H.R. 806 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce, and in addition to the Committees on Financial
Services, Transportation and Infrastructure, and Agriculture.
The bill was subsequently referred to the Subcommittee on
Energy on February 5, 2021.
No further action was taken on H.R. 806 in the 117th
Congress. The provisions of H.R. 806 were included in H.R.
3684.
On February 23, 2021, H.R. 1221 was introduced by
Representative Clarke 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 February 24, 2021.
On May 5, 2021, the Subcommittee on Energy held a
legislative hearing on four bills, including H.R. 1221. The
witnesses included Amol Phadke, M.S., Ph.D., Staff Scientist
and Deputy Department Head, International Energy Analysis
Department, Lawrence Berkeley National Laboratory; Joe Britton,
Executive Director, Zero Emissions Transportation Association;
Josh Nassar, Legislative Director, International Union, United
Automobile, Aerospace and Agricultural Implement Workers of
America (UAW); David Jankowsky, Founder and President, Francis
Energy; Michelle Michot Foss, Ph.D., Fellow in Energy &
Minerals, Baker Institute for Public Policy, Center for Energy
Studies, Rice University; and AJ Siccardi, President, Metroplex
Energy.
No further action was taken on H.R. 1221 in the 117th
Congress. The provisions of H.R. 1221 were included in H.R.
3684.
On February 25, 2021, H.R. 1374 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 February 26, 2021.
On June 22, 2021, the House considered H.R. 1374 under
suspension of the rules and the bill passed by a recorded vote
of 398 yeas to 21 nays (Roll no. 173).
On June 23, 2021, the Senate received H.R. 1374, read the
bill twice, and referred it to the Senate Committee on Energy
and Natural Resources.
No further action was taken on H.R. 1374 in the 117th
Congress. The provisions of H.R. 1374 were included in H.R.
3684.
On March 12, 2021, H.R. 1879 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on March 16, 2021.
No further action was taken on H.R. 1879 in the 117th
Congress. The provisions of H.R. 1879 were included in H.R.
3684.
On March 17, 2021, H.R. 1992 was introduced by
Representative Veasey and referred to the Committee on Science,
Space, and Technology, and in addition to the Committees on
Energy and Commerce, and Transportation and Infrastructure. The
bill was subsequently referred to the Subcommittee on Energy on
the same day.
No further action was taken on H.R. 1992 in the 117th
Congress. The provisions of H.R. 1992 were included in H.R.
3684.
On April 26, 2021, H.R. 2852 was introduced by
Representative Rush and referred to the Committee on Energy and
Commerce, and in addition to the Committees on Oversight and
Reform and Science, Space, and Technology. The bill was
subsequently referred to the Subcommittee on Energy on April
27, 2021.
On May 5, 2021, the Subcommittee on Energy held a
legislative hearing on four bills, including H.R. 2852. The
witnesses included Amol Phadke, M.S., Ph.D., Staff Scientist
and Deputy Department Head, International Energy Analysis
Department, Lawrence Berkeley National Laboratory; Joe Britton,
Executive Director, Zero Emissions Transportation Association;
Josh Nassar, Legislative Director, International Union, United
Automobile, Aerospace and Agricultural Implement Workers of
America (UAW); David Jankowsky, Founder and President, Francis
Energy; Michelle Michot Foss, Ph.D., Fellow in Energy &
Minerals, Baker Institute for Public Policy, Center for Energy
Studies, Rice University; and AJ Siccardi, President, Metroplex
Energy.
No further action was taken on H.R. 2852 in the 117th
Congress. The provisions of H.R. 2852 were included in H.R.
3684.
On April 30, 2021, H.R. 2948 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 May 3, 2021.
No further action was taken on H.R. 2948 in the 117th
Congress. The provisions of H.R. 2948 were included in H.R.
3684.
On June 30, 2021, H.R. 4261 was introduced by
Representative Garamendi (D-CA) 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 July 1, 2021.
No further action was taken on H.R. 4261 in the 117th
Congress. The provisions of H.R. 4261 were included in H.R.
3684.
On August 3, 2021, H.R. 4909 was introduced by
Representative Doyle and referred to the Committee on Science,
Space, and Technology, and in addition to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on August 4, 2021.
No further action was taken on H.R. 4909 in the 117th
Congress. The provisions of H.R. 4909 were included in H.R.
3684.
On August 6, 2021, H.R. 4960 was introduced by
Representative Kinzinger and referred to the Committee on
Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, and Financial Services. The
bill was subsequently referred to the Subcommittee on Energy on
August 9, 2021.
No further action was taken on H.R. 4960 in the 117th
Congress. The provisions of H.R. 4960 were included in H.R.
3684.
On June 4, 2021, H.R. 3684 was introduced by Representative
DeFazio (OR-04) and referred to the Committee on Transportation
and Infrastructure.
On June 22, 2021, the Committee on Transportation and
Infrastructure reported H.R. 3684 to the House (H. Rept. 117-
70) and filed a supplemental report (H. Rept. 117-70, Part II)
on June 29, 2021. On July 1, 2021, H.R. 3684 was passed in the
House by a recorded vote of 221 yeas to 201 nays (Roll Call No.
208).
On July 12, 2021, H.R. 3684 was received in the Senate. On
August 10, 2021, H.R. 3684 passed the Senate with an amendment
by a roll call vote of 69 yeas to 30 nays (Record Vote No.
314).
On September 27, 2021, pursuant to the provisions of H.
Res. 601, Representative DeFazio moved that the House agree to
the Senate amendment to H.R. 3684. On November 5, 2021, the
House agreed to a motion that the House agree to the Senate
amendment by a roll call vote of 228 yeas to 206 nays (Roll no.
369).
On November 8, 2021, H.R. 3684 was presented to the
President and signed into law (Public Law No. 117-58).
Inflation Reduction Act of 2022
PUBLIC LAW 117-169 (H.R. 5376, H.R. 806, H.R. 1335)
To provide for reconciliation pursuant to title II of S.
Con. Res. 14.
Summary
This bill provides funding, establishes programs, and
otherwise modifies provisions relating to a broad array of
areas, including education, labor, childcare, health care,
taxes, immigration, safe drinking water, air quality, and
energy-efficiency projects, electric vehicles, emissions
reductions, heavy-duty vehicles, clean energy projects in low-
income communities, the environment, and more.
Section 60103 of H.R. 5376 was inspired by H.R. 806, the
``Clean Energy and Sustainability Accelerator Act.'' This
section establishes and capitalizes a Clean Energy and
Sustainability Accelerator. The independent, nonprofit
accelerator would invest in clean energy technologies and
infrastructure to reduce greenhouse gas emissions and combat
climate change, prioritizing investments that serve climate-
impacted communities. The accelerator would be required to make
capital available to state, territorial, or local green banks.
The accelerator may also provide technical assistance and
funding to states and other political subdivisions.
Section 60104 of H.R. 5376 was inspired by H.R. 1335, the
``Fostering and Realizing Electrification by Encouraging Zero
Emission Refrigeration Trucks Act of 2021.'' This section
requires EPA to establish a pilot program to award grants,
rebates, or low-cost revolving loans for electrifying or
retiring diesel-powered transport refrigeration units in
certain heavy-duty vehicles.
Legislative History
On February 4, 2021, H.R. 806 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce, and in addition to the Committees on Financial
Services, Transportation and Infrastructure, and Agriculture.
The bill was subsequently referred to the Subcommittee on
Energy on February 5, 2021.
No further action was taken on H.R. 806 in the 117th
Congress. Provisions of H.R. 806 were included in H.R. 5376.
On September 13, 14, and 15, 2021, the Committee on Energy
and Commerce met in virtual markup to consider legislative
recommendations to comply with the reconciliation directive
included in section 2002 of the Concurrent Resolution on the
Budget for Fiscal Year 2022, S. Con. Res. 14. Subtitle A,
``Budget Reconciliation Legislative Recommendations Relating to
Air Pollution,'' was transmitted favorably to the Committee on
Budget, amended, by a roll call vote of 31 yeas and 26 nays.
Subtitle B, ``Budget Reconciliation Legislative Recommendations
Relating to Hazardous Materials,'' was transmitted favorably to
the Committee on Budget, amended, by a roll call vote of 31
yeas and 26 nays. Subtitle K, ``Budget Reconciliation
Legislative Recommendations Relating to Next Generation 9-1-
1,'' was transmitted favorably to the Committee on Budget,
amended, by a roll call vote of 31 yeas to 25 nays. Subtitle L,
``Budget Reconciliation Legislative Recommendations Relating to
Wireless Connectivity,'' was transmitted favorably to the
Committee on Budget, amended, by a roll call vote of 31 yeas
and 26 nays. Subtitle M, ``Budget Reconciliation Legislative
Recommendations Relating to Distance Learning,'' was
transmitted favorably to the Committee on Budget, amended, by a
roll call vote of 31 yeas and 26 nays. Subtitle C, ``Budget
Reconciliation Legislative Recommendations Relating to Drinking
Water.'' was ordered transmitted favorably to the Committee on
Budget, amended, by a roll call vote of 31 yeas and 25 nays.
Subtitle D, ``Budget Reconciliation Legislative Recommendations
Relating to Energy,'' was transmitted favorably to the
Committee on Budget, amended, by a roll call vote of 30 yeas
and 27 nays. The Committee on Energy and Commerce transmitted
these subtitles to the Committee on Budget and they were
incorporated into H.R. 5376.
On September 27, 2021, H.R. 5376 was introduced by
Representative Yarmuth (KY-3) and referred to the Committee on
Budget.
On July 1, 2021, the Committee on Appropriations reported
H.R. 5376 to the House (H. Rept. 117-130). On November 19,
2021, H.R. 5376 was passed in the House by a recorded vote of
220 yeas to 213 nays (Roll Call No. 385).
On August 2, 2022, H.R. 5376 was received in the Senate,
read twice, and referred to the Committee on Banking, Housing,
and Urban Affairs. A hearing on the bill was held on August 4,
2022.
On August 7, 2022, H.R. 5376 passed the Senate with an
amendment by a recorded vote of 51 yeas to 50 nays (Record Vote
Number: 325).
On August 12, 2022, pursuant to the provisions of H. Res.
1316, the House agreed to the Senate amendment by a roll call
vote of 220 yeas to 207 nays (Roll no. 420).
On August 15, 2022, H.R. 5376 was presented to the
President and signed into law on August 16, 2022 (Public Law
No. 117-169).
Clean Future Act
H.R. 1512 (H.R. 156, H.R. 425, H.R. 448, H.R. 806, H.R.1221, H.R. 1374,
H.R. 1375, H.R. 1485, H.R. 1879, H.R. 2263, H.R. 2308, H.R. 2309, H.R.
2721, H.R. 2818, H.R. 2823, H.R. 3296, H.R. 3399, H.R. 3568)
To build a clean and prosperous future by addressing the
climate crisis, protecting the health and welfare of all
Americans, and putting the Nation on the path to a net-zero
greenhouse gas economy by 2050, and for other purposes.
Summary
This bill creates requirements and incentives to reduce
emissions of greenhouse gases. The bill establishes an interim
goal to reduce greenhouse gas emissions to at least 50 percent
below 2005 levels by 2030 as well as a national goal to achieve
net-zero greenhouse gas emissions by 2050. Each federal agency
must develop a plan to achieve the goals. Beginning in 2023,
retail electricity suppliers must provide an increasing
percentage of electricity that is generated without the release
of greenhouse gases into the atmosphere (zero-emission
electricity). By 2035, the suppliers must provide 100 percent
zero-emission electricity or demonstrate alternative means of
compliance. The bill also establishes a variety of
requirements, programs, and incentives to reduce or eliminate
greenhouse gas emissions by modernizing the electric grid and
supporting clean energy microgrids; increasing the use of
renewable energy and advanced nuclear power technologies;
increasing energy efficiency in buildings, homes, and
appliances; supporting clean transportation, including electric
vehicles and related charging infrastructure; issuing
greenhouse gas standards for certain vehicles, engines, and
aircraft; promoting manufacturing and industrial
decarbonization, including through buy-clean programs;
supporting environmental justice efforts; and reducing methane,
plastics, and super pollutants.
Legislative History
On January 4, 2021, H.R. 156 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 2, 2021.
No further action was taken on H.R. 156 in the 117th
Congress. The provisions of H.R. 156 were included in H.R.
1512.
On January 21, 2021, H.R. 425 was introduced by
Representative Stanton (D-AZ) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on February 2, 2021.
No further action was taken on H.R. 425 in the 117th
Congress. The provisions of H.R. 425 were included in H.R.
1512.
On January 25, 2021, H.R. 448 was introduced by
Representative Barragan 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 February 2, 2021.
No further action was taken on H.R. 448 in the 117th
Congress. The provisions of H.R. 448 were included in H.R.
1512.
On February 4, 2021, H.R. 806 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce, and in addition to the Committees on Financial
Services, Transportation and Infrastructure, and Agriculture.
The bill was subsequently referred to the Subcommittee on
Energy on February 5, 2021.
No further action was taken on H.R. 806 in the 117th
Congress. The provisions of H.R. 806 were included in H.R.
1512.
On February 23, 2021, H.R. 1221 was introduced by
Representative Clarke 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 February 24, 2021.
On May 5, 2021, the Subcommittee on Energy held a
legislative hearing on four bills, including H.R. 1221. The
witnesses included Amol Phadke, M.S., Ph.D., Staff Scientist
and Deputy Department Head, International Energy Analysis
Department, Lawrence Berkeley National Laboratory; Joe Britton,
Executive Director, Zero Emissions Transportation Association;
Josh Nassar, Legislative Director, International Union, United
Automobile, Aerospace and Agricultural Implement Workers of
America (UAW); David Jankowsky, Founder and President, Francis
Energy; Michelle Michot Foss, Ph.D., Fellow in Energy &
Minerals, Baker Institute for Public Policy, Center for Energy
Studies, Rice University; and AJ Siccardi, President, Metroplex
Energy.
No further action was taken on H.R. 1221 in the 117th
Congress. The provisions of H.R. 1221 were included in H.R.
1512.
On February 25, 2021, H.R. 1374 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 February 26, 2021.
On June 22, 2021, the House considered H.R. 1374 under
suspension of the rules and the bill passed by a recorded vote
of 398 yeas to 21 nays (Roll no. 173).
On June 23, 2021, the Senate received H.R. 1374, read the
bill twice, and referred it to the Senate Committee on Energy
and Natural Resources.
No further action was taken on H.R. 1374 in the 117th
Congress. The provisions of H.R. 1374 were included in H.R.
1512.
On February 25, 2021, H.R. 1375 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 February 26, 2021.
No further action was taken on H.R. 1375 in the 117th
Congress. The provisions of H.R. 1375 were included in H.R.
1512.
On March 2, 2021, H.R. 1485 was introduced by
Representative Blunt Rochester and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on March 3, 2021.
No further action was taken on H.R. 1485 in the 117th
Congress. The provisions of H.R. 1485 were included in H.R.
1512.
On March 12, 2021, H.R. 1879 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on March 16, 2021.
No further action was taken on H.R. 1879 in the 117th
Congress. The provisions of H.R. 1879 were included in H.R.
1512.
On March 26, 2021, H.R. 2263 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 March 29, 2021.
No further action was taken on H.R. 2263 in the 117th
Congress. The provisions of H.R. 2263 were included in H.R.
1512.
On April 1, 2021, H.R. 2308 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on April 2, 2021.
On May 5, 2021, the Subcommittee on Energy held a
legislative hearing on four bills, including H.R. 2308. The
witnesses included Amol Phadke, M.S., Ph.D., Staff Scientist
and Deputy Department Head, International Energy Analysis
Department, Lawrence Berkeley National Laboratory; Joe Britton,
Executive Director, Zero Emissions Transportation Association;
Josh Nassar, Legislative Director, International Union, United
Automobile, Aerospace and Agricultural Implement Workers of
America (UAW); David Jankowsky, Founder and President, Francis
Energy; Michelle Michot Foss, Ph.D., Fellow in Energy &
Minerals, Baker Institute for Public Policy, Center for Energy
Studies, Rice University; and AJ Siccardi, President, Metroplex
Energy.
No further action was taken on H.R. 2308 in the 117th
Congress. The provisions of H.R. 2308 were included in H.R.
1512.
On April 1, 2021, H.R. 2309 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on April 2, 2021.
No further action was taken on H.R. 2309 in the 117th
Congress. The provisions of H.R. 2309 were included in H.R.
1512.
On April 21, 2021, H.R. 2721 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 April 22, 2021.
No further action was taken on H.R. 2721 in the 117th
Congress. The provisions of H.R. 2721 were included in H.R.
1512.
On April 22, 2021, H.R. 2818 was introduced by
Representative Sherrill (D-NJ) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on April 23, 2021.
No further action was taken on H.R. 2818 in the 117th
Congress. The provisions of H.R. 2818 were included in H.R.
1512.
On April 22, 2021, H.R. 2823 was introduced by
Representative Takano (D-CA) 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 April 23, 2021.
No further action was taken on H.R. 2823 in the 117th
Congress. The provisions of H.R. 2823 were included in H.R.
1512.
On May 18, 2021, H.R. 3296 was introduced by Representative
Cartwright (D-PA) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Energy on May 29, 2021.
No further action was taken on H.R. 3296 in the 117th
Congress. The provisions of H.R. 3296 were included in H.R.
1512.
On May 20, 2021, H.R. 3399 was introduced by Representative
Grothman (R-WI) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Energy on May 21, 2021.
No further action was taken on H.R. 3399 in the 117th
Congress. The provisions of H.R. 3399 were included in H.R.
1512.
On May 28, 2021, H.R. 3568 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 31, 2021.
No further action was taken on H.R. 3568 in the 117th
Congress. The provisions of H.R. 3568 were included in H.R.
1512.
On March 2, 2021, H.R. 1512 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce, and in addition to the Committees on
Transportation and Infrastructure; Oversight and Reform,
Education and Labor; Ways and Means; Natural Resources; Armed
Services; Foreign Affairs; Science, Space, and Technology;
Intelligence (Permanent Select); and Financial Services. The
bill was subsequently referred to the Subcommittee on
Environment and Climate Change on March 3, 2021.
The Subcommittee on Energy held three legislative hearings
on H.R. 1512 on the following dates: March 24, 2021; May 5,
2021; and June 29, 2021. The Subcommittee on Environment and
Climate Change held five legislative hearings on H.R. 1512 on
the following dates: March 18, 2021; April 15, 2021; May 13,
2021; May 25, 2021; and June 30, 2022.
No further action was taken on H.R. 1512 in the 117th
Congress.
America Creating Opportunities for Manufacturing, Pre-Eminence in
Technology, and Economic Strength Act of 2022
H.R. 4521
(H.R. 5332, H.R. 2818, H.R. 1848, H.R. 2822, H.R. 6779, H.R. 5109, H.R.
4676)
To provide for a coordinated Federal research initiative to
ensure continued United States leadership in engineering
biology.
Summary
This bill addresses U.S. technology and communications,
foreign relations and national security, domestic
manufacturing, education, trade, and other matters. Provisions
that passed the House but did not make it into the public law
include programs that would create a a strategic transformer
reserve and resilience program, provide financial assistance
for the manufacturing of solar components and for state flex-
tech energy programs, reduce emissions from natural gas
distribution systems, support for transformative industrial
technologies, and obligate states to consider energy storage as
part of their utility planning.
Section 20301 of H.R. 4521 was inspired by H.R. 6779, the
``GRID Act of 2022.'' This section directs the Secretary of
Energy to establish a program to reduce the vulnerability of
the electric grid to physical attack, cyber attack, and other
events, including by ensuring that large power transformers and
other critical electric grid equipment are strategically
located to ensure timely replacement of such equipment as may
be necessary, and for other purposes.
Section 20302 of H.R. 4521 was inspired by H.R. 5332, the
``Reclaiming the Solar Supply Chain Act of 2021.'' This section
requires DOE to establish a program to award grants and loans
to support a solar component manufacturing supply chain. Under
the program, grants and loans must be used for (1) the
construction of new facilities that manufacture solar
components; and (2) retooling, retrofitting, or expanding
existing facilities that manufacture solar components.
Section 20303 of H.R. 4521 was inspired by H.R. 5109, the
``First Three Act of 2021.'' This section requires the Advanced
Manufacturing Office of DOE to establish a program to provide
grants or loan guarantees for certain innovative technology
projects at industrial plants. The technology must (1) be
technically viable at pilot scale and ready for commercial-
scale implementation, (2) be able to reduce the energy use or
greenhouse gas emissions, and (3) have the potential to reduce
annual U.S. industrial energy use or greenhouse gas emissions
by at least 1 percent once the technology is fully implemented
at appropriate industrial plants in the United States.
Section 20304 of H.R. 4521 was inspired by H.R. 2818, the
``Mitigate Methane Now Act.'' This section directs DOE to
establish a program to provide grants to states that may be
used to offset rate increases that result from infrastructure
improvements to natural gas distribution systems and that are
paid by low-income households.
Section 20307 of H.R. 4521 was inspired by H.R. 4676, the
``State Industrial Competitiveness Act of 2021.'' This section
provides financial assistance to States and Indian Tribes for
the development, implementation, improvement, or expansion of a
flex-tech energy program to enhance manufacturing
competitiveness, and for other purposes.
Legislative History
On September 22, 2021, H.R. 5332 was introduced by
Representative Demings (FL-10) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on September 23, 2021.
No further action was taken on H.R. 5332 in the 117th
Congress. The provisions of H.R. 5332 were included in H.R.
4521.
On April 22, 2021, H.R. 2818 was introduced by
Representative Sherrill (D-NJ) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on April 23, 2021.
No further action was taken on H.R. 2818 in the 117th
Congress. The provisions of H.R. 2818 were included in H.R.
4521.
On March 11, 2021, H.R. 1848 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce, and in addition to the Committees on
Transportation and Infrastructure; Natural Resources; Science,
Space, and Technology; Ways and Means; Education and Labor;
Agriculture; and Oversight and Reform.
On March 22, 2021, the Full Committee held a legislative
hearing on H.R. 1848. The witnesses included the Honorable
Ernest J. Moniz, President and Chief Executive Officer of
Energy Futures Initiative, Former Secretary of the Department
of Energy; Tom Frieden, M.D., M.P.H., President and Chief
Executive Officer of Resolve to Save Lives, an initiative of
Vital Strategies, Former Director of Centers for Disease
Control and Prevention; the Honorable Michael O'Rielly,
Principal of MPORielly Consulting, LLC, Former Commissioner of
the Federal Communications Commission; and the Honorable Tom
Wheeler, Visiting Fellow at the Brookings Institution, Senior
Fellow at Harvard Kennedy School, Former Chairman of the
Federal Communications Commission.
No further action was taken on H.R. 1848 in the 117th
Congress. Provisions of H.R. 1848 were included in H.R. 4521.
On April 22, 2021, H.R. 2822 was introduced by
Representative Takano (D-CA) and referred to the Committee on
Energy and Commerce, and in addition to the Committee on
Science, Space, and Technology. It was subsequently referred to
the Subcommittee on Energy on April 22, 2021.
No further action was taken on H.R. 2822 in the 117th
Congress. The provisions of H.R. 2822 were included in H.R.
4521.
On February 18, 2022, H.R. 6779 was introduced by
Representative Lamb (PA-17) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on February 21, 2022.
No further action was taken on H.R. 6779 in the 117th
Congress. The provisions of H.R. 6779 were included in H.R.
4521.
On August 27, 2021, H.R. 5109 was introduced by
Representative Castor and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on August 30, 2021.
No further action was taken on H.R. 5109 in the 117th
Congress. The provisions of H.R. 5109 were included in H.R.
4521.
On July 22, 2021, H.R. 4676 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 July 23, 2021.
No further action was taken on H.R. 4676 in the 117th
Congress. The provisions of H.R. 4676 were included in H.R.
4521. On July 19, 2021, H.R. 4521 was introduced by
Representatives Johnson (TX-30) and Lucas (OK-03) referred to
the Committee on Science, Space, and Technology, the Committee
on Agriculture, and the Committee on Energy and Commerce.
On January 19, 2022, the Committee on Science, Space, and
Technology reported H.R. 4521 to the House (H. Rept. 117-235,
Part I). On February 2, 2022, H.R. 4521 was considered in the
House. On February 4, 2022, H.R. 4521 was passed in the House,
amended, by a recorded vote of 222 yeas to 210 nays (Roll Call
No. 31).
On February 17, 2022, H.R. 4521 was received in the Senate.
On March 28, 2022, H.R. 4521 passed the Senate having achieved
60 votes in the affirmative, with an amendment by a recorded
vote of 68 yeas to 28 nays (Record Vote Number: 109). On March
29, 2022, the message on Senate action sent to the House.
On March 31, 2022, a motion that the House disagree to the
Senate amendment, and request a conference was agreed to
without objection. On April 4, 2022, the Speaker appointed
conferees from the Committee on Energy and Commerce for
consideration of the House bill and the Senate amendment, and
modifications committed to conference: Representatives Pallone,
Eshoo, Schakowsky, Matsui, Tonko, Blunt Rochester, Soto,
Rodgers, Bucshon, Carter, Duncan, and Crenshaw.
No further action was taken on H.R. 4521 in the 117th
Congress.
Energy Emergency Leadership Act
H.R. 3119
To amend the Department of Energy Organization Act with
respect to functions assigned to Assistant Secretaries, and for
other purposes.
Summary
This bill requires the Secretary of Energy to assign energy
emergency and energy security functions to an Assistant
Secretary, including responsibilities with respect to
infrastructure and cybersecurity. The Department of Energy must
ensure that such functions are performed in coordination with
relevant federal agencies.
Legislative History
On May 11, 2021, H.R. 3119 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
May 12, 2021. On June 9, 2021, the Subcommittee on Energy was
discharged from further consideration of H.R. 3119.
On June 10, 2021, the Committee on Energy and Commerce met
in open markup session to consider H.R. 3119 and ordered the
bill favorably reported to the House, without amendment, by a
voice vote.
On July 19, 2021, the Committee on Energy and Commerce
reported H.R. 3119 to the House (H. Rept. 117-94), and the bill
was placed on the Union Calendar (Calendar No. 68). On that
same day, the House considered H.R. 3119 under suspension of
the Rules and the bill passed, without amendment, by a voice
vote.
On July 20, 2021, the Senate received H.R. 3119, read the
bill twice, and referred it to the Senate Committee on Energy
and Natural Resources. On March 1, 2022, the Senate Committee
on Energy and Natural Resources held a hearing on the bill.
No further action was taken on H.R. 3119 in the 117th
Congress.
Pipeline and LNG Facility Cybersecurity Preparedness Act
H.R. 3078
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
This bill requires the Department of Energy to implement a
program to ensure the security, resiliency, and survivability
of natural gas pipelines, hazardous liquid pipelines, and
liquefied natural gas facilities.
Legislative History
On May 11, 2021, H.R. 3078 was introduced by Representative
Upton and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on Energy on
May 12, 2021. On June 9, 2021, the Subcommittee on Energy was
discharged from further consideration of H.R. 3078.
On June 10, 2021, the Committee on Energy and Commerce met
in open markup session to consider H.R. 3078 and ordered the
bill favorably reported to the House, without amendment, by a
voice vote.
No further action was taken on H.R. 3078 in the 117th
Congress.
Enhancing Grid Security Through Public Private Partnerships Act
H.R. 2931
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 bill directs Department of Energy to implement a
program to facilitate and encourage public-private partnerships
in order to address and mitigate the physical security and
cybersecurity risks of electric utilities. In carrying out the
program, Department of Energy must take into consideration
different sizes of electric utilities and the regions that such
utilities serve, prioritize electric utilities with fewer
available resources due to size or region, and utilize and
leverage existing Department of Energy programs.
Legislative History
On April 30, 2021, H.R. 2931 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 May 3, 2021. On June 9, 2021, the
Subcommittee on Energy was discharged from further
consideration of H.R. 2931.
On June 10, 2021, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2931 and ordered the
bill favorably reported to the House, without amendment, by a
voice vote.
On July 19, 2021, the Committee on Energy and Commerce
reported H.R. 2931 to the House (H. Rept. 117-93), and the bill
was placed on the Union Calendar (Calendar No. 67). On that
same day, the House considered H.R. 2931 under suspension of
the Rules and the bill passed, without amendment, by a voice
vote.
On July 20, 2021, the Senate received H.R. 2931, read the
bill twice, and referred it to the Senate Committee on Energy
and Natural Resources.
No further action was taken on H.R. 2931 in the 117th
Congress.
Cyber Sense Act of 2021
H.R. 2928
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 bill requires Department 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. The bulk-power system includes facilities and control
systems necessary for operating an interconnected electric
energy transmission network.
Legislative History
On April 30, 2021, H.R. 2928 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 May 3, 2021. On June 9, 2021, the
Subcommittee on Energy was discharged from further
consideration of H.R. 2928.
On June 10, 2021, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2928 and ordered the
bill favorably reported to the House, without amendment, by a
voice vote.
On July 19, 2021, the Committee on Energy and Commerce
reported H.R. 2928 to the House (H. Rept. 117-92), and the bill
was placed on the Union Calendar (Calendar No. 66). On July 20,
2021, the House considered and passed H.R. 2928 under
suspension of the Rules, without amendment.
On July 20, 2021, the Senate received H.R. 2928, read the
bill twice, and referred it to the Senate Committee on Energy
and Natural Resources.
No further action was taken on H.R. 2928 in the 117th
Congress.
Tribal Energy Investment Act of 2022
H.R. 8068
To amend the Energy Policy Act of 2005 to include in a
report the amount available to the Secretary of Energy to make
certain loan guarantees, to amend the Energy Policy Act of 1992
to provide for direct loans to Indian tribes and tribal energy
development organizations for energy development, and for other
purposes.
Summary
This bill amends the Energy Policy Act of 2005 to require
the Secretary of Energy to submit a biennial report on the
status of applications for, and projects receiving, guarantees
under Title XVII of the Energy Policy Act of 2005. The bill
also amends the Energy Policy Act of 1992 to permit the
Secretary of Energy to issue direct loans to tribes and tribal
energy development organizations for the purpose of energy
development. Finally, it makes appropriations already available
for the cost of loan guarantees also available for the cost of
providing direct loans.
Legislative History
On June 15, 2022, H.R. 8068 was introduced by
Representative Leger Fernandez (NM-03) 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 June 16,
2022.
On June 22, 2022, the Subcommittee on Energy held a
legislative hearing on six bills, including H.R. 8068. The
witnesses included Andrew deLaski, Executive Director,
Appliance Standards Awareness Project; Richard Frias, Executive
Director, Native American Finance Officers Association; Dustin
Mulvaney, Ph.D., Professor, Environmental Studies, San Jose
State University; Joshua C. Greene, Esq., Corporate Vice
President, Government and Industry Affairs, A.O. Smith
Corporation; Lucian Pugliaresi, President, Energy Policy
Research Foundation, Inc. (EPRINC); and Ben Lieberman, Senior
Fellow, Competitive Enterprise Institute.
No further action was taken on H.R. 8068 in the 117th
Congress.
Grid Act
H.R. 8053
To provide the Secretary of Energy with the authority to
enter into contracts and cooperative agreements to improve the
resilience of defense critical electric infrastructure and
reduce the vulnerability of critical defense facilities to the
disruption of the supply of electric energy to those
facilities.
Summary
This bill amends section 215A of the Federal Power Act
(FPA) to give the Secretary of Energy the authority to enter
into contracts or cooperative agreements to improve the
resilience of defense critical electric infrastructure and to
reduce the vulnerability of disruption of electric energy
supply at these facilities. Additionally, the bill amends
Section 215A so that its definition of ``defense critical
infrastructure'' applies to such infrastructure in all states
and territories of the United States, instead of just the 48
contiguous states and the District of Columbia.
Legislative History
On June 14, 2022, H.R. 8053 was introduced by
Representative Crow (CO-06) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on June 15, 2022.
On June 22, 2022, the Subcommittee on Energy held a
legislative hearing on six bills, including H.R. 8053. The
witnesses included Andrew deLaski, Executive Director,
Appliance Standards Awareness Project; Richard Frias, Executive
Director, Native American Finance Officers Association; Dustin
Mulvaney, Ph.D., Professor, Environmental Studies, San Jose
State University; Joshua C. Greene, Esq., Corporate Vice
President, Government and Industry Affairs, A.O. Smith
Corporation; Lucian Pugliaresi, President, Energy Policy
Research Foundation, Inc. (EPRINC); and Ben Lieberman, Senior
Fellow, Competitive Enterprise Institute.
No further action was taken on H.R. 8053 in the 117th
Congress.
To Amend the Energy Policy and Conservation Act to Modify the
Definition of Water Heater Under Energy Conservation Standards, and for
Other Purposes
H.R. 7962
To amend the Energy Policy and Conservation Act to modify
the definition of water heater under energy conservation
standards, and for other purposes.
Summary
This bill modifies efficiency standards for commercial and
residential water heaters and creates a new demand response
program for residential water heaters. The bill clarifies
several definitions under the Energy Policy and Conservation
Act, including for residential water heaters, multi-input
electric storage water heaters, and residential solar thermal-
assisted electric storage water heaters. It establishes new
criteria for certain electric storage water heaters used in
commercial buildings that would otherwise be regulated as
residential water heaters. The bill also specifies that water
heaters excluded from the definition of a residential water
heater will be regulated by the Department of Energy as a
commercial product.
In addition, H.R. 7962 directs the Department of Energy to
issue a final rule by the end of 2024 that would require
electric storage water heaters have demand response
capabilities, if the Secretary of Energy finds the requirement
is technologically feasible and economically justified. States
would be preempted from issuing their own demand response
standards upon the effective date of a final demand response
rule issued by the Department of Energy.
Legislative History
On June 7, 2022, H.R. 7962 was introduced by Representative
Dingell and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Energy on June 8, 2022.
On June 22, 2022, the Subcommittee on Energy held a
legislative hearing on six bills, including H.R. 7962. The
witnesses included Andrew deLaski, Executive Director,
Appliance Standards Awareness Project; Richard Frias, Executive
Director, Native American Finance Officers Association; Dustin
Mulvaney, Ph.D., Professor, Environmental Studies, San Jose
State University; Joshua C. Greene, Esq., Corporate Vice
President, Government and Industry Affairs, A.O. Smith
Corporation; Lucian Pugliaresi, President, Energy Policy
Research Foundation, Inc. (EPRINC); and Ben Lieberman, Senior
Fellow, Competitive Enterprise Institute.
No further action was taken on H.R. 7962 in the 117th
Congress.
Weatherization Enhancement and Readiness Act of 2022
H.R. 7947
To amend the Energy Conservation and Production Act to
direct the Secretary of Energy to establish a weatherization
readiness program, and for other purposes.
Summary
This bill amends the Energy Conservation and Production Act
to make certain modifications to the Weatherization Assistance
Program (WAP) and to establish a weatherization readiness
program. The bill increases the statutory limit for the average
amount a state can spend on weatherizing homes from $6,000 to
$12,000. It also clarifies the limitation around re-
weatherization for dwelling units that have previously received
federal funds other than through the WAP and repeals the
statutory limit for renewable energy systems. In addition, the
bill directs the Secretary of Energy to establish a
weatherization readiness program to provide grants to states
and tribal organizations to implement measures that make
dwelling units occupied by low-income residents ready to
receive weatherization measures. This program is designed to
address structural, roofing, and electrical issues; to reduce
the deferral of weatherization measures; and to make dwelling
units ready for weatherization measures and upgrades. The bill
authorizes $90 million annually for the weatherization
readiness program for fiscal years 2023 through 2027.
Legislative History
On June 3, 2022, H.R. 7947 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
June 6, 2022.
On June 22, 2022, the Subcommittee on Energy held a
legislative hearing on six bills, including H.R. 7947. The
witnesses included Andrew deLaski, Executive Director,
Appliance Standards Awareness Project; Richard Frias, Executive
Director, Native American Finance Officers Association; Dustin
Mulvaney, Ph.D., Professor, Environmental Studies, San Jose
State University; Joshua C. Greene, Esq., Corporate Vice
President, Government and Industry Affairs, A.O. Smith
Corporation; Lucian Pugliaresi, President, Energy Policy
Research Foundation, Inc. (EPRINC); and Ben Lieberman, Senior
Fellow, Competitive Enterprise Institute.
No further action was taken on H.R. 7947 in the 117th
Congress.
Energy Accountability Act
H.R. 5292
To amend title XVII of the Energy Policy Act of 2005 to
specify that the Secretary of Energy may not make a loan
guarantee under such title for a project if the applicable
borrower has previously defaulted on an obligation guaranteed
under such title, and for other purposes.
Summary
This bill amends title XVII of the Energy Policy Act of
2005 to specify that the Secretary of Energy may not make a
loan guarantee for a project under Title XVII of the Energy
Policy Act of 2005 if the borrower or any related or successor
entity has previously defaulted on an obligation guaranteed
through the program.
Legislative History
On September 17, 2021, H.R. 5292 was introduced by
Representative Don Young (AK-00) 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 September 20, 2021.
On June 22, 2022, the Subcommittee on Energy held a
legislative hearing on six bills, including H.R. 5292. The
witnesses included Andrew deLaski, Executive Director,
Appliance Standards Awareness Project; Richard Frias, Executive
Director, Native American Finance Officers Association; Dustin
Mulvaney, Ph.D., Professor, Environmental Studies, San Jose
State University; Joshua C. Greene, Esq., Corporate Vice
President, Government and Industry Affairs, A.O. Smith
Corporation; Lucian Pugliaresi, President, Energy Policy
Research Foundation, Inc. (EPRINC); and Ben Lieberman, Senior
Fellow, Competitive Enterprise Institute.
No further action was taken on H.R. 5292 in the 117th
Congress.
Securing America's Critical Minerals Supply Act
H.R. 1599
To amend the Department of Energy Organization Act to
secure the supply of critical energy resources, including
critical minerals and other materials, and for other purposes.
Summary
This bill requires Department of Energy to conduct
assessments and secure energy resources that have vulnerable
supply chains and are essential to the United States' energy
sector and systems. The bill amends the Department of Energy
Organization Act to secure the supply of critical mineral
resources, including critical minerals and other materials. It
also establishes ongoing assessments of energy resource
criticality, resource supply chains, and vulnerabilities.
Additionally, the bill directs the Secretary of Energy to
strengthen critical energy resource supply chains, develop
alternatives to resources, and improve technology that reuses
and recycles critical energy resources.
Legislative History
On March 3, 2021, H.R. 1599 was introduced by
Representative Upton and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on March 4, 2021.
On June 22, 2022, the Subcommittee on Energy held a
legislative hearing on six bills, including H.R. 1599. The
witnesses included Andrew deLaski, Executive Director,
Appliance Standards Awareness Project; Richard Frias, Executive
Director, Native American Finance Officers Association; Dustin
Mulvaney, Ph.D., Professor, Environmental Studies, San Jose
State University; Joshua C. Greene, Esq., Corporate Vice
President, Government and Industry Affairs, A.O. Smith
Corporation; Lucian Pugliaresi, President, Energy Policy
Research Foundation, Inc. (EPRINC); and Ben Lieberman, Senior
Fellow, Competitive Enterprise Institute.
No further action was taken on H.R. 1599 in the 117th
Congress.
Energy Product Reliability Act
H.R. 6084
To require the Federal Energy Regulatory Commission to
certify an Energy Product Reliability Organization which shall,
subject to Commission review, establish and enforce energy
product reliability standards, and for other purposes.
Summary
This bill directs FERC to certify an Energy Product
Reliability Organization (EPRO) to oversee the reliable
delivery of energy products on energy pipelines through
mandatory and enforceable reliability standards. It is modeled
after section 215 of the Federal Power Act, which established
the statutory framework for FERC's current oversight of the
reliability of the electric grid through an ERO.
The bill requires that any standard developed by the EPRO
be submitted to FERC for approval before it becomes effective.
In addition, the EPRO is required to issue standards that
ensure the deliverability of energy products to support
electric grid reliability and that protect against
cybersecurity and physical security threats. The Energy Product
Reliability Act further requires the EPRO to consult with
Department of Energy and TSA in developing reliability
standards relating to cybersecurity. It also gives FERC
authority to establish emergency standards to address
continuing or foreseeable emergency conditions under certain
circumstances. Finally, the bill maintains much of the same
structure included in section 215 of the Federal Power Act
regarding rules for operation of the EPRO, enforcement
mechanisms, and assessment and review of penalties.
Legislative History
On November 30, 2021, H.R. 6084 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 December 1, 2021.
On January 19, 2022, the Subcommittee on Energy held a
legislative hearing on H.R. 6084. The witnesses included the
Honorable Richard Glick, Chairman of the Federal Energy
Regulatory Commission, and the Honorable David M. Turk, Deputy
Secretary of the Department of Energy.
No further action was taken on H.R. 6084 in the 117th
Congress.
Prevent Outages With Energy Resilient Options Nationwide Act
H.R. 1514
To amend the Federal Power Act to increase transmission
capacity for clean energy, reduce congestion, and increase grid
resilience.
Summary
This bill revises requirements governing the designation of
a national interest electric transmission corridor. Currently,
Department of Energy may designate any geographic area
experiencing electric energy transmission capacity constraints
or congestion that adversely affects consumers. The bill
expands the list of considerations Department of Energy may use
to select and designate a corridor. Specifically, Department of
Energy may consider whether the designation would (1) enhance
the ability of facilities that generate or transmit renewable
energy, low-emission energy, or emission-free energy to connect
to the electric grid; (2) promote electrification of other
sectors, including the transportation sector; or (3) facilitate
other public policies to decarbonize the grid. Department of
Energy may also consider whether the designation maximizes
existing rights-of-way, avoids sensitive environmental areas
and cultural heritage sites, and would lower the cost of
electricity for consumers. The bill also revises the authority
(i.e., backstop authority) of the Federal Energy Regulatory
Commission to issue a permit for interstate transmission
projects in such corridors when states and local governments
fail to do so, including by specifying the timing for when FERC
may issue such permits. In addition, the bill requires permit
holders to make good faith efforts to engage landowners and
other stakeholders early before exercising the right of eminent
domain to purchase property needed to complete permit projects.
Finally, the bill requires the Department of Energy to provide
technical assistance to regional transmission siting agencies.
Legislative History
On March 2, 2021, H.R. 1514 was introduced by
Representative Peters and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Energy on March 3, 2021.
On June 29, 2021, the Subcommittee on Energy held a
legislative hearing on four bills, including H.R. 1514. The
witnesses included Patricia Hoffman, Acting Assistant
Secretary, Office of Electricity, Department of Energy; Susan
Tierney, Ph.D., Senior Advisor, Analysis Group; Rob Gramlich,
Founder and President, Grid Strategies, LLC; Lee Anderson,
Government Affairs Director, Utility Workers Union of America;
and Tony Clark, Senior Advisor, Wilkinson Barker Knauer, LLP.
No further action was taken on H.R. 1514 in the 117th
Congress.
Of Inquiry Requesting the President, and Directing the Secretary of
Energy, To Transmit to the House of Representatives Certain Information
Relating to Plans To Protect Baseload Bulk Power System Generation and
Transmission To Maintain Bulk Power System Reliability
H. RES. 1326
Of inquiry requesting the President, and directing the
Secretary of Energy, to transmit to the House of
Representatives certain information relating to plans to
protect baseload bulk power system generation and transmission
to maintain bulk power system reliability.
Summary
This bill requests the President, and directs the Secretary
of Energy, to transmit to the House of Representatives, not
later than 14 days after the date of the adoption of the
resolution, information relating to plans to respond to the
insufficient baseload electricity generation and transmission
described by the North American Electric Reliability
Corporation (NERC) in the document titled ``2022 Summer
Reliability Assessment.'' The resolution also requests
correspondence related to how the bulk power system will be
affected by the EPA's alternative closure requirements for coal
ash landfills and surface impoundments and its Federal
Implementation Plan Addressing Regional Ozone Transport for the
2015 Ozone National Ambient Air Quality Standard.
Legislative History
On August 26, 2022, H. Res. 1326 was introduced by
Representative Pence and referred to the Energy and Commerce
Committee. The resolution was subsequently referred to the
Subcommittee on Energy on August 29, 2022.
On September 21, 2022, the Committee on Energy and Commerce
met in open markup session to consider H. Res. 1326 and ordered
the resolution adversely reported to the House, without
amendment, by a roll call vote of 30 yeas to 20 nays.
On September 30, 2022, the Committee on Energy and Commerce
reported H. Res. 1326 adversely to the House (H. Rept. 117-
535), and the bill was placed on the House Calendar (Calendar
No. 141).
No further action was taken on H. Res. 1326 in the 117th
Congress.
Of Inquiry Requesting the President, and Directing the Secretary of
Energy, To Transmit to the House of Representatives Certain Information
Relating to Plans To Draw Down and Sell Petroleum Products From the
Strategic Petroleum Reserve and Plans To Refill the Strategic Petroleum
Reserve
H. RES. 1260
Of inquiry requesting the President, and directing the
Secretary of Energy, to transmit to the House of
Representatives certain information relating to plans to draw
down and sell petroleum products from the Strategic Petroleum
Reserve and plans to refill the Strategic Petroleum Reserve.
Summary
This bill requests the President, and directs the Secretary
of Energy, to transmit to the House of Representatives, not
later than 14 days after the date of the adoption of the
resolution, information relating to plans to draw down and sell
petroleum products from the SPR and plans to refill the SPR.
Legislative History
On July 26, 2022, H. Res. 1260 was introduced by
Representative Armstrong and referred to the Energy and
Commerce Committee. The resolution was subsequently referred to
the Subcommittee on Energy on July 27, 2022.
On September 21, 2022, the Committee on Energy and Commerce
met in open markup session to consider H. Res. 1260 and ordered
the resolution adversely reported to the House, without
amendment, by a roll call vote of 31 yeas to 20 nays.
On September 30, 2022, the Committee on Energy and Commerce
reported H. Res. 1260 adversely to the House (H. Rept. 117-
536), and the bill was placed on the House Calendar (Calendar
No. 142).
No further action was taken on H. Res. 1260 in the 117th
Congress.
OVERSIGHT ACTIVITIES
A Smarter Investment: Pathways to a Clean Energy Future
On February 18, 2021, the Subcommittee on Energy held a
hearing entitled ``A Smarter Investment: Pathways to a Clean
Energy Future.'' The purpose of this hearing was to examine
current efforts and the importance of prioritizing clean and
resilient energy infrastructure, clean energy standards, and
comprehensive climate legislation to get us to a 100 percent
clean economy by 2050. The Subcommittee received testimony from
Dr. Stephen W. Pacala, Professor of Ecology and Evolutionary
Biology, Princeton University; Ms. Paula R. Glover, President,
Alliance to Save Energy; Mr. Craig Gordon, Senior Vice
President, Government Affairs, Invenergy; Mr. Richard J.
Powell, Executive Director, ClearPath Inc.; and Mr. Daniel C.
Camp III, Chairman, Beaver County Commissioners.
Generating Equity: Deploying a Just and Clean Energy Future
On April 20, 2021, the Subcommittee on Energy held a
hearing entitled ``Generating Equity: Deploying a Just and
Clean Energy Future.'' The purpose of this hearing was to
discuss how we can improve clean energy access and equitably
distribute the benefits of reduced carbon emissions, lower and
more stable energy prices, and job creation for low-income
households. The Subcommittee received testimony from Subin
DeVar, Director, Initiative for Energy Justice; Chandra Farley,
Just Energy Director, Partnership for Southern Equity; Donnel
Baird, Chief Executive Officer, BlocPower; Kiran Bhatraju,
Chief Executive Officer, Arcadia; Jose L. Perez, President and
Chief Executive Officer, Hispanics In Energy; and Louise
Carter-King, Mayor, City of Gillette.
The Fiscal Year 2022 DOE Budget
On May 19, 2021, the Subcommittee on Energy held a hearing
entitled ``The Fiscal Year 2022 DOE Budget.'' The purpose of
this hearing was to examine the President's fiscal year (FY)
2022 budget for the U.S. Department of Energy. The Subcommittee
received testimony from the Honorable Jennifer M. Granholm,
Secretary, U.S. Department of Energy.
Keeping Us Safe and Secure: Oversight of the Nuclear Regulatory
Commission
On July 14, 2021, the Subcommittee on Energy held a hearing
entitled ``Keeping Us Safe and Secure: Oversight of the Nuclear
Regulatory Commission.'' The purpose of this hearing was to
examine the President's fiscal year (FY) 2022 budget for the
U.S. Nuclear Regulatory Commission (NRC), to discuss the
oversight of safety and security protocols for our nation's
nuclear facilities and materials, and to explore the role of
nuclear power in our decarbonization efforts. The Subcommittee
received testimony from the Honorable Christopher T. Hanson,
Chairman, Nuclear Regulatory Commission; the Honorable Jeff
Baran, Commissioner, Nuclear Regulatory Commission; and the
Honorable David A. Wright, Commissioner, Nuclear Regulatory
Commission.
The Changing Energy Landscape: Oversight of FERC
On July 27, 2021, the Subcommittee on Energy held a hearing
entitled ``The Changing Energy Landscape: Oversight of FERC.''
The purpose of this hearing was to conduct oversight of the
Federal Energy Regulatory Commission (FERC), and to evaluate
FERC's administration of the Federal Power Act and Natural Gas
Act as the country transitions to clean and affordable energy.
The Subcommittee received testimony from the Honorable Richard
Glick, Chairman, Federal Energy Regulatory Commission; the
Honorable Neil Chatterjee, Commissioner, Federal Energy
Regulatory Commission; the Honorable James Danly, Commissioner,
Federal Energy Regulatory Commission; the Honorable Allison
Clements, Commissioner, Federal Energy Regulatory Commission;
and the Honorable Mark C. Christie, Commissioner, Federal
Energy Regulatory Commission.
Offshore Wind, Onshore Benefits: Growing the Domestic Wind Energy
Industry
On October 21, 2021, the Subcommittee on Energy held a
hearing entitled ``Offshore Wind, Onshore Benefits: Growing the
Domestic Wind Energy Industry.'' The purpose of this hearing
was to examine Congress's role in promoting the offshore wind
industry and to evaluate the state of the offshore wind supply
chain and workforce. The Subcommittee received testimony from
Heather Zichal, Chief Executive Officer, American Clean Power
Association; David Hardy, Chief Executive Officer, Orsted
Offshore North America; James Strong, Assistant to the
Director, District 8 United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union; and Mark Menezes, Former Deputy Secretary
of Energy, United States Department of Energy.
Charging Forward: Securing American Manufacturing and Our EV Future
On March 8, 2022, the Subcommittee on Energy held a hearing
entitled ``Charging Forward: Securing American Manufacturing
and Our EV Future.'' The purpose of this hearing was to discuss
the economic opportunities related to supporting and developing
a domestic electric vehicle industry and supply chain. The
Subcommittee received testimony from Bob Holycross, Vice
President, Sustainability, Environment and Safety Engineering,
Ford Motor Company; Natalie King, Chief Executive Officer,
Dunamis Clean Energy Partners, LLC; Cassandra Powers, Senior
Managing Director, National Association of State Energy
Officials; and Thomas Pyle, President, Institute for Energy
Research
The Fiscal Year 2023 DOE Budget
On April 28, 2022, the Subcommittee on Energy held a
hearing entitled ``The Fiscal Year 2023 DOE Budget.'' The
purpose of this hearing was to discuss the investments made by
the President's fiscal year 2023 budget request for the
Department of Energy. The budget proposes investments in
domestic clean energy manufacturing, environmental justice,
tackling the climate crisis, and ensuring the safety and
security of the nuclear weapons stockpile. The Subcommittee
received testimony from The Honorable Jennifer M. Granholm,
Secretary, U.S. Department of Energy.
Subcommittee on Environment and Climate Change
LEGISLATIVE ACTIVITIES
Infrastructure Investment and JOBS Act
PUBLIC LAW 117-58
(H.R. 3684, H.R. 3291, H.R. 2467, H.R. 4253, H.R. 3293, H.R. 7879, H.R.
1352, H.R. 3255, H.R. 2159, H.R. 4284, H.R. 3238, H.R. 4805, H.R. 3267,
H.R. 3292)
To authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes.
Summary
H.R. 3684 provides funding for infrastructure projects,
including roads, bridges, and major projects; passenger and
freight rail; highway and pedestrian safety; public transit;
broadband; ports and waterways; airports; water infrastructure;
power and gird reliability and resiliency; resiliency; clean
school buses and ferries; electric vehicle charging; addressing
legacy pollution; and western water infrastructure.
Section 50102 of H.R. 3684 includes language identical to
Section 103 of H.R. 3291, the ``Assistance, Quality, and
Affordability Act of 2021,'' which, among other things, makes
permanent requirements for projects receiving funds through the
Drinking Water State Revolving Fund (SRF) to purchase American-
made iron and steel projects.
Section 50109 of H.R. 3684 was inspired by H.R. 3293, the
``Low-Income Water Customer Assistance Programs Act of 2021.''
This section requires EPA to establish a pilot program to award
grants to eligible entities to develop and implement programs
to assist qualifying households in maintaining access to
drinking water and wastewater treatment.
Section 70402 of H.R 3684 incorporates H.R. 2159, the
``RECYLE Act.'' This section requires EPA to establish a
competitive grant program to improve the effectiveness of
residential and community recycling programs through public
education and outreach. In addition, EPA must develop a model
recycling program toolkit for States, Tribes, and local
governments. Further, this section amends the Solid Waste
Disposal Act (SWDA) by directing the EPA Administrator to
clarify federal agencies' responsibilities related to the
procurement of products containing recovered material. This
section also increases how frequently EPA must review and
revise federal procurement guidelines for products containing
recovered materials.
Division J Title VI of H.R. 3684 was inspired by Title V of
H.R. 1848, the ``LIFT America Act,'' appropriating $1.5 billion
for fiscal years 2022 to 2026 for EPA's Brownfields
redevelopment grants.
Division J Title VI of H.R. 3684 was inspired by Section
106 of H.R. 3291, the ``Assistance, Quality, and Affordability
Act of 2021,'' appropriating $11.7 billion for fiscal years
2022 through 2026 for EPA's Drinking Water SRF. Division J
Title VI of H.R. 3684 was inspired by Section 107 of H.R. 3291,
the ``Assistance, Quality, and Affordability Act of 2021,''
appropriating $15 billion for fiscal years 2022 through 2026
through EPA's Drinking Water SRF for lead service line
replacement projects.
Division J Title VI of H.R. 3684 was inspired by Section
109 of H.R. 3291, the ``Assistance, Quality, and Affordability
Act of 2021,'' appropriating $9 billion for fiscal years 2022
through 2026 through EPA's Drinking Water SRF to address
emerging contaminants with a focus on PFAS chemicals, $5
billion of which are set-aside for disadvantaged communities.
Legislative History
On May 18, 2021, H.R. 3291 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 May 19, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3291. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
On June 16, 2021, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 3291
and ordered the bill favorably reported to the full Committee,
amended, by a recorded vote of 14 yeas and nine nays.
On June 23, 2021, the full Committee on Energy and Commerce
met in open markup session to consider H.R. 3291 and ordered
the bill favorably reported to the House, amended, by a
recorded vote of 32 yeas and 24 nays.
On June 29, 2021, the Committee on Energy and Commerce
reported H.R. 3291 to the House (H. Rept. 117-76), and the bill
was placed on the Union Calendar (Calendar No. 52).
H.R. 3291 was passed as an amendment to H.R. 3684, the
Infrastructure Investment and Jobs Act.
On April 13, 2021, H.R. 2467 was introduced by
Representative Dingell 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 Environment and Climate Change
on April 14, 2021.
On June 16, 2021, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2467
and ordered the bill favorably reported to the full Committee,
without amendment, by a recorded vote of 16 yeas and seven
nays.
On June 23, 2021, the full Committee on Energy and Commerce
met in open markup session to consider H.R. 2467 and ordered
the bill favorably reported to the House, without amendment by
the Subcommittee on Environment and Climate Change, by a
recorded vote of 33 yeas and 20 nays.
On July 13, 2021, the Committee on Transportation and
Infrastructure was discharged of the bill, and the Committee on
Energy and Commerce reported H.R. 2467 to the House (H. Rept.
117-86). That same day, the bill was placed on the Union
Calendar (Calendar No. 61).
On July 21, 2021, the bill was considered under the
provisions of H. Res. 535. An amendment offered by
Representative Tonko (H. Amdt. 77) was agreed to by a recorded
vote of 226 yeas and 195 nays. The House passed H.R. 2467, as
amended, by a recorded vote of 241 yeas to 183 nays. On July
22, 2021, the bill 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. 2467 in the 117th
Congress. The provisions of H.R. 2467 were included in H.R.
3684.
On June 30, 2021, H.R. 4253 was introduced by
Representative Al Green (TX-09) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Environment and Climate Change on July 1,
2021.
No further action was taken on H.R. 4253 in the 117th
Congress. The provisions of H.R. 4253 were included in H.R.
3684.
On May 18, 2021, H.R. 3293 was introduced by Representative
Blunt Rochester and referred to the Committee on Transportation
and Infrastructure, and in addition to the Committees on Energy
and Commerce and Ways and Means. The bill was subsequently
referred to the Subcommittee on Environment and Climate Change
on May 19, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3293. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
On June 16, 2021, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 3293
and ordered the bill favorably reported to the full Committee,
amended, by a voice vote.
On June 23, 2021, the full Committee on Energy and Commerce
met in open markup session to consider H.R. 3293 and ordered
the bill favorably reported to the House, as amended by the
Subcommittee on Environment and Climate Change, by a recorded
vote of 32 yeas and 24 nays.
On June 29, 2021, the Committee on Energy and Commerce
reported H.R. 3293 to the House (H. Rept. 117-77).
No further action was taken on H.R. 3293 in the 117th
Congress. The provisions of H.R. 3293 were included in H.R.
3684.
On May 27, 2022, H.R. 7879 was introduced by Representative
Bush (D-MO) and referred to the Committee on Energy and
Commerce, and in addition to the Committee on Armed Services.
No further action was taken on H.R. 7879 in the 117th
Congress. The provisions of H.R. 7879 were included in H.R.
3684.
On February 25, 2021, H.R. 1352 was introduced by
Representative Lawrence (D-MI) and referred to the Committee on
Transportation and Infrastructure, and in addition to the
Committees on Energy and Commerce, Ways and Means, and
Agriculture. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on February 26,
2021.
No further action was taken on H.R. 1352 in the 117th
Congress. The provisions of H.R. 1352 were included in H.R.
3684.
On May 14, 2021, H.R. 3255 was introduced by Representative
Norcross (D-NJ) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 17, 2021.
No further action was taken on H.R. 3255 in the 117th
Congress. The provisions of H.R. 3255 were included in H.R.
3684.
On March 23, 2021, H.R. 2159 was introduced by
Representative Dean Phillips (D-MN) and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Environment and Climate Change
on March 24, 2021.
No further action was taken on H.R. 2159 in the 117th
Congress. The provisions of H.R. 2159 were included in H.R.
3684.
On June 30, 2021, H.R. 4284 was introduced by
Representative Ruiz (D-CA) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change.
No further action was taken on H.R. 4284 in the 117th
Congress. Provisions of H.R. 4284 were included in H.R. 3684.
On May 14, 2021, H.R. 3238 was introduced by Representative
Escobar (D-TX) 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 Environment and Climate Change on May 17, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3238. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 3238 in the 117th
Congress. Provisions of H.R. 3238 were included in H.R. 3684.
On July 29, 2021, H.R. 4805 was introduced by
Representative Clarke and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change.
No further action was taken on H.R. 4805 in the 117th
Congress. Provisions of H.R. 4805 were included in H.R. 3684.
On May 17, 2021, H.R. 3267 was introduced by Representative
Boyle (D-PA) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 18, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3267. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 3267 in the 117th
Congress. Provisions of H.R. 3267 were included in H.R. 3684.
On May 18, 2021, H.R. 3292 was introduced by Representative
Dingell and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Environment and Climate Change on May 19, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3292. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 3292 in the 117th
Congress. Provisions of H.R. 3292 were included in H.R. 3684.
On June 4, 2021, H.R. 3684 was introduced by Representative
DeFazio (OR-04) and referred to the Committee on Transportation
and Infrastructure.
On June 22, 2021, the Committee on Transportation and
Infrastructure reported H.R. 3684 to the House (H. Rept. 117-
70) and filed a supplemental report (H. Rept. 117-70, Part II)
on June 29, 2021. On July 1, 2021, H.R. 3684 was passed in the
House by a recorded vote of 221 yeas to 201 nays (Roll Call No.
208).
On July 12, 2021, H.R. 3684 was received in the Senate. On
August 10, 2021, H.R. 3684 passed the Senate with an amendment
by a roll call vote of 69 yeas to 30 nays (Record Vote No.
314).
On September 27, 2021, pursuant to the provisions of H.
Res. 601, Representative DeFazio moved that the House agree to
the Senate amendment to H.R. 3684. On November 5, 2021, the
House agreed to a motion that the House agree to the Senate
amendment by a roll call vote of 228 yeas to 206 nays (Roll no.
369).
On November 8, 2021, H.R. 3684 was presented to the
President and signed into law (Public Law No. 117-58).
Inflation Reduction Act of 2022
PUBLIC LAW 117-169
(H.R. 5376, H.R. 501, H.R. 806, H.R. 862, H.R. 2101, H.R. 2442, H.R.
3238, H.R. 3267, H.R. 3291, H.R. 3292, H.R. 3293, H.R. 4284, H.R. 4641,
H.R. 4805)
To provide for reconciliation pursuant to title II of S.
Con. Res. 14.
Summary
H.R. 5376 includes provisions on climate and energy
spending, including tax credits to promote clean energy
generation, electrification, greater use of clean fuels, wider
adoption of electric vehicles, green technology retrofits for
homes and buildings, among others.
Section 60102 of H.R. 5376 was inspired by H.R. 862, the
``Climate Action Planning for Ports Act of 2021'' and H.R. 501,
the ``Climate Smart Ports Act.'' This section authorizes EPA to
award grants and rebates to eligible entities to purchase or
install zero-emission port equipment or technology, conduct
relevant planning or permitting in connection with the purchase
or installation of such zero-emission port equipment or
technology, and develop qualified climate action plans.
Section 60104 of H.R. 5376 was inspired by H.R. 1335, the
``Fostering and Realizing Electrification by Encouraging Zero
Emission Refrigeration Trucks Act of 2021.'' This section
directs EPA to award grants, rebates, or low-cost revolving
loans to identify and reduce diesel emissions resulting from
goods movement facilities and vehicles servicing goods movement
facilities in low-income and disadvantaged communities.
Section 60105 of H.R. 5376 was inspired by H.R. 8352, the
``Public Health Air Quality Act of 2022.'' This section
requires EPA to enhance and expand its air monitoring network.
Section 60112 of H.R. 5376 was inspired by H.R. 5698, the
``Manufacturing Assistance to Determine Emissions (MADE) Act.''
This section directs EPA to improve the development,
standardization, and transparency of environmental product
declarations.
Section 60201 of H.R. 5376 was inspired by H.R. 2442, the
``Climate Justice Grants Act.'' This section establishes a
grant program to assist tribal governments, local governments,
nonprofits, or community-based organizations in addressing
issues relating to climate justice and carrying out activities
that address climate justice concerns of environmental justice
communities.
Legislative History
On January 28, 2021, H.R. 501 was introduced by
Representative Barragan and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on February 2,
2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 501. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 501 in the 117th
Congress. Provisions of H.R. 501 were included in H.R. 5376.
On February 4, 2021, H.R. 806 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce, and in addition to the Committees on Financial
Services; Transportation and Infrastructure; and Agriculture.
The bill was subsequently referred to the Subcommittee on
Environment and Climate Change on February 5, 2021.
No further action was taken on H.R. 806 in the 117th
Congress. The provisions of H.R. 806 influenced a section of
H.R. 5376.
On February 5, 2021, H.R. 862 was introduced by
Representative Blunt Rochester and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on February 8,
2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 862. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 862 in the 117th
Congress. Provisions of H.R. 862 were included in H.R. 5376.
On March 19, 2021, H.R. 2101 was introduced by
Representative Omar (D-MN) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on March 22,
2021.
No further action was taken on H.R. 2101 in the 117th
Congress. Provisions of H.R. 2101 were included in H.R. 5376.
On April 12, 2021, H.R. 2442 was introduced by
Representative Barragan 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 April 13,
2021.
No further action was taken on H.R. 2442 in the 117th
Congress. Provisions of H.R. 2442 were included in H.R. 5376.
On May 14, 2021, H.R. 3238 was introduced by Representative
Escobar (D-TX) 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 Environment and Climate Change on May 17, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3238. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 3238 in the 117th
Congress. Provisions of H.R. 3238 were included in H.R. 5376.
On May 17, 2021, H.R. 3267 was introduced by Representative
Boyle (D-PA) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 18, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3267. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 3267 in the 117th
Congress. Provisions of H.R. 3267 were included in H.R. 5376.
On May 18, 2021, H.R. 3291 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 May 19, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3291. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
On June 16, 2021, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 3291
and ordered the bill favorably reported to the full Committee,
amended, by a recorded vote of 14 yeas and nine nays.
On June 23, 2021, the full Committee on Energy and Commerce
met in open markup session to consider H.R. 3291 and ordered
the bill favorably reported to the House, amended, by a
recorded vote of 32 yeas and 24 nays.
On June 29, 2021, the Committee on Energy and Commerce
reported H.R. 3291 to the House (H. Rept. 117-76), and the bill
was placed on the Union Calendar (Calendar No. 52).
H.R. 3291 was passed as an amendment to H.R. 3684, the
Infrastructure Investment and Jobs Act. Provisions of H.R. 3291
were also included in H.R. 5376.
On May 18, 2021, H.R. 3292 was introduced by Representative
Dingell and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on
Environment and Climate Change on May 19, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3292. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 3292 in the 117th
Congress. Provisions of H.R. 3292 were included in H.R. 5376.
On May 18, 2021, H.R. 3293 was introduced by Representative
Blunt Rochester and referred to the Committee on Transportation
and Infrastructure, and in addition to the Committees on Energy
and Commerce and Ways and Means. The bill was subsequently
referred to the Subcommittee on Environment and Climate Change
on May 19, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3293. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
On June 16, 2021, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 3293
and ordered the bill favorably reported to the full Committee,
amended, by a voice vote.
On June 23, 2021, the full Committee on Energy and Commerce
met in open markup session to consider H.R. 3293 and ordered
the bill favorably reported to the House, as amended by the
Subcommittee on Environment and Climate Change, by a recorded
vote of 32 yeas and 24 nays.
On June 29, 2021, the Committee on Energy and Commerce
reported H.R. 3293 to the House (H. Rept. 117-77).
No further action was taken on H.R. 3293 in the 117th
Congress. Provisions of H.R. 3293 were included in H.R. 5376.
On June 30, 2021, H.R. 4284 was introduced by
Representative Ruiz (D-CA) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change.
No further action was taken on H.R. 4284 in the 117th
Congress. Provisions of H.R. 4284 were included in H.R. 5376.
On July 22, 2021, H.R. 4641 was introduced by
Representative Eshoo 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 Environment and Climate Change on July 23,
2021.
No further action was taken on H.R. 4641 in the 117th
Congress. Provisions of H.R. 4641 were included in H.R. 5376.
On July 29, 2021, H.R. 4805 was introduced by
Representative Clarke and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change.
No further action was taken on H.R. 4805 in the 117th
Congress. Provisions of H.R. 4805 were included in H.R. 5376.
On September 13, 14, and 15, 2021, the Committee on Energy
and Commerce met in virtual markup to consider legislative
recommendations to comply with the reconciliation directive
included in section 2002 of the Concurrent Resolution on the
Budget for Fiscal Year 2022, S. Con. Res. 14. Subtitle A,
``Budget Reconciliation Legislative Recommendations Relating to
Air Pollution,'' was transmitted favorably to the Committee on
Budget, amended, by a roll call vote of 31 yeas and 26 nays.
Subtitle B, ``Budget Reconciliation Legislative Recommendations
Relating to Hazardous Materials,'' was transmitted favorably to
the Committee on Budget, amended, by a roll call vote of 31
yeas and 26 nays. Subtitle K, ``Budget Reconciliation
Legislative Recommendations Relating to Next Generation 9-1-
1,'' was transmitted favorably to the Committee on Budget,
amended, by a roll call vote of 31 yeas to 25 nays. Subtitle L,
``Budget Reconciliation Legislative Recommendations Relating to
Wireless Connectivity,'' was transmitted favorably to the
Committee on Budget, amended, by a roll call vote of 31 yeas
and 26 nays. Subtitle M, ``Budget Reconciliation Legislative
Recommendations Relating to Distance Learning,'' was
transmitted favorably to the Committee on Budget, amended, by a
roll call vote of 31 yeas and 26 nays. Subtitle C, ``Budget
Reconciliation Legislative Recommendations Relating to Drinking
Water,'' was ordered transmitted favorably to the Committee on
Budget, amended, by a roll call vote of 31 yeas and 25 nays.
Subtitle D, ``Budget Reconciliation Legislative Recommendations
Relating to Energy,'' was transmitted favorably to the
Committee on Budget, amended, by a roll call vote of 30 yeas
and 27 nays. The Committee on Energy and Commerce transmitted
these subtitles to the Committee on Budget and they were
incorporated into H.R. 5376.
On September 27, 2021, H.R. 5376 was introduced by
Representative Yarmuth (D-KY) and referred to the Committee on
Budget.
On September 27, 2021, the Committee on Budget reported
H.R. 5376 to the House (H. Rept. 117-130). On November 19,
2021, H.R. 5376 was passed in the House by a recorded vote of
220 yeas to 213 nays (Roll Call No. 385).
On August 2, 2022, H.R. 5376 was received in the Senate,
read twice, and referred to the Committee on Banking, Housing,
and Urban Affairs. A hearing on the bill was held on August 4,
2022.
On August 7, 2022, H.R. 5376 passed the Senate with an
amendment by a recorded vote of 51 yeas to 50 nays (Record Vote
Number: 325).
On August 12, 2022, pursuant to the provisions of H. Res.
1316, the House agreed to the Senate amendment by a roll call
vote of 220 yeas to 207 nays (Roll no. 420).
On August 15, 2022, H.R. 5376 was presented to the
President and signed into law on August 16, 2022 (Public Law
No. 117-169).
Clean Future Act
H.R. 1512
(H.R. 501, H.R. 861, H.R. 862, H.R. 1113, H.R. 2101, H.R. 2132, H.R.
2159, H.R. 2164,H.R. 2302, H.R. 2431, H.R. 2442, H.R. 5698)
To build a clean and prosperous future by addressing the
climate crisis, protecting the health and welfare of all
Americans, and putting the Nation on the path to a net-zero
greenhouse gas economy by 2050, and for other purposes.
Summary
The bill establishes an interim goal to reduce greenhouse
gas emissions to at least 50 percent below 2005 levels by 2030
as well as a national goal to achieve net-zero greenhouse gas
emissions by 2050. Each federal agency must develop a plan to
achieve the goals.
Beginning in 2023, retail electricity suppliers must
provide an increasing percentage of electricity that is
generated without the release of greenhouse gases into the
atmosphere (zero-emission electricity). By 2035, the suppliers
must provide 100 percent zero-emission electricity or
demonstrate alternative means of compliance.
The bill also establishes a variety of requirements,
programs, and incentives to reduce or eliminate greenhouse gas
emissions by modernizing the electric grid and supporting clean
energy microgrids; increasing the use of renewable energy and
advanced nuclear power technologies; increasing energy
efficiency in buildings, homes, and appliances; supporting
clean transportation, including electric vehicles and related
charging infrastructure; issuing greenhouse gas standards for
certain vehicles, engines, and aircraft; promoting
manufacturing and industrial decarbonization, including through
buy-clean programs; supporting environmental justice efforts;
and reducing methane, plastics, and super pollutants.
Sections 412 and 413 of H.R. 1512 incorporate H.R. 1113,
the ``Renewable Fuel Standard Integrity Act of 2021.'' These
sections revise requirements for exemptions from the Renewable
Fuel Standard given to small refineries of crude oil.
Section 452 of H.R. 1512 incorporates H.R. 862, the
``Climate Action for Ports Act of 2021'' and H.R. 501, the
``Climate Smart Ports Act.'' This section establishes an EPA
grant program to reduce greenhouse gas (GHG) emissions and
other forms of air pollution at U.S. ports. Grants may be used
to develop climate action plans and to implement measures that
reduce emissions from port infrastructure and operations
through the purchase and installation of zero-emission
equipment and technology. This section also sets requirements
for the use of funds through the program, including stringent
labor standards and metrics by which EPA must prioritize
consideration of proposed projects.
Sections 522 and 523 of H.R. 1512 incorporate H.R. 5698 the
``Manufacturing Assistance to Determine Emissions (MADE) Act.''
The sections direct the EPA Administrator, in consultation with
the Secretary of Energy, the Director of the National Institute
of Standards and Technology and the National Labs, to establish
a program to enhance the transparency, quality, and
availability of life cycle assessment data used to calculate
GHG emissions of a product made primarily of eligible materials
in an environmental product declaration. The Administrator must
maintain a list of eligible materials for the program. Directs
the Administrator, in consultation with the Secretary of
Energy, the Director of the National Institute of Standards and
Technology and the National Labs, to designate a single product
category rule--developed by EPA or a third party--for products
made primarily of eligible materials to be used in creating
environmental product declarations. The product category rule
designations must be reviewed every five years and updated as
necessary and can be reviewed more frequently in response to a
petition. The Administrator is also required to establish a
National Environmental Product Declaration Database for
products made primarily of eligible materials, including
imported products. The database can only include environmental
product declarations that were created using designated product
category rules. To aid manufacturers, the bill establishes
technical and financial assistance programs to help develop and
verify environmental product declarations and directs EPA to
conduct public outreach about the database. This section also
directs the Administrator to conduct a review and assessment of
the quality and efficacy of environmental product declarations
as a mechanism to account for the embodied emissions of
products made primarily of eligible materials. The
Administrator shall consider alternative mechanisms and provide
an opportunity for public comment.
Section 608 of H.R. 1512 incorporates H.R. 861 the
``Alerting Localities of Environmental Risks and Threats Act of
2021.'' The section requires the owner or operator of a
facility where hazardous chemicals are produced, used, or
stored to hold a public meeting within 72 hours of the release
of an extremely hazardous substance. The owner or operator must
publish a notice in a local newspaper, giving at least 24 hours
of notice before the public meeting. The bill also requires the
owner or operator of a facility to hold an annual public
meeting, where specified information regarding the extremely
hazardous substances at the facility must be disclosed. Notice
for such meeting must be published in a local newspaper at
least a week in advance of the meeting. The bill provides for a
civil penalty if public meeting and notice requirements are not
met.
Section 610 of H.R. 1512 incorporates H.R. 2431, the
``Voices for Environmental Justice Act.'' The section
authorizes EPA grants to enable communities to participate in
decisions impacting their health and safety in connection with
the permitting of solid waste and hazardous waste disposal
facilities.
Section 617 of H.R. 1512 incorporates H.R. 2442, the
``Climate Justice Grants Act.'' This section requires EPA to
establish a grant program to assist tribal governments, local
governments, nonprofits, or community-based organizations in
addressing issues relating to climate justice and carrying out
activities that address climate justice concerns of
environmental justice communities.
Section 623 of H.R. 1512 incorporates H.R. 2164, the ``Safe
Hydration is an American Right in Energy Development Act of
2021.'' The section requires hydraulic fracturing operations to
test for and report on underground sources of drinking water
that are contaminated by such operations. Specifically, the
section revises requirements governing state underground
injection control programs. In order to obtain primary
enforcement responsibility for such programs, states must
prohibit the underground injection of fluids or propping agents
pursuant to hydraulic fracturing operations related to oil,
gas, or geothermal production activities unless the hydraulic
fracturing operations agree to test for and report on
contamination of drinking water.
Section 624 of H.R. 1512 incorporates H.R. 2302, the
``CLOSE Act.'' The section repeals exemptions from the Clean
Air Act which emissions from oil and gas wells and pipeline
facilities are excluded from aggregation with emissions from
other similar units for purposes of determining major sources.
The EPA excludes oil and gas production wells from being listed
as area sources. Additionally, the section requires the EPA to
issue a final rule adding hydrogen sulfide to the list of
hazardous air pollutants under the Clean Air Act and revising
such list to include categories and subcategories of major
sources and area sources of hydrogen sulfide, including oil and
gas wells.
Section 625 of H.R. 1512 incorporates H.R. 2132, the
``Closing Loopholes and Ending Arbitrary and Needless Evasion
of Regulations Act of 2021.'' This section directs EPA to
determine whether such waste meets the criteria for hazardous
waste; promulgate regulations concerning the disposal of such
waste if the EPA determines it hazardous; and revise
regulations applicable to solid waste management and disposal
facilities to address such waste that is nonhazardous.
Sections 921 through 927 incorporate H.R. 2101, the ``ZERO
WASTE Act.'' The sections require EPA to establish a
competitive grant program for nonprofit organizations and
state, local, and tribal governments to carry out projects that
utilize specified zero-waste practices. Zero-waste is defined
as ``the conservation of all resources by means of responsible
production, consumption, reuse, and recovery of products,
packaging, and materials without burning or otherwise
destroying embodied energy; and a discharge to land, water, or
air that results in adverse human health or environmental
effects.'' In addition, EPA must establish a grant program for
developing and implementing new requirements that reduce the
amount of waste disposed of in landfills.
Sections 931 and 932 incorporate H.R. 2159, the ``RECYCLE
Act.'' The sections require EPA to establish a competitive
grant program to improve the effectiveness of residential and
community recycling programs through public education and
outreach. In addition, EPA must develop a model recycling
program toolkit for States, Tribes, and local governments.
Further, these sections amend the Solid Waste Disposal Act
(SWDA) by directing the EPA Administrator to clarify federal
agencies' responsibilities related to the procurement of
products containing recovered material. These sections also
increase how frequently EPA must review and revise federal
procurement guidelines for products containing recovered
materials.
Legislative History
On January 28, 2021, H.R. 501 was introduced by
Representative Barragan and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on February 2,
2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 501. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 501 in the 117th
Congress. Provisions of H.R. 501 were included in H.R. 5376.
On February 5, 2021, H.R. 861 was introduced by
Representative Blunt Rochester and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on February 8,
2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 861. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 861 in the 117th
Congress. Provisions of H.R. 861 were included in H.R. 1512.
On February 5, 2021, H.R. 862 was introduced by
Representative Blunt Rochester and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on February 8,
2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 862. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 862 in the 117th
Congress. Provisions of H.R. 862 were included in H.R. 1512.
On February 18, 2021, H.R. 1113 was introduced by
Representative Craig and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on February 19,
2022.
No further action was taken on H.R. 1113 in the 117th
Congress. Provisions of H.R. 1113 were included in H.R. 1512.
On March 19, 2021, H.R. 2101 was introduced by
Representative Omar (D-MN) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on March 22,
2021.
No further action was taken on H.R. 2101 in the 117th
Congress. Provisions of H.R. 2101 were included in H.R. 1512.
On March 23, 2021, H.R. 2132 was introduced by
Representative Cartwright and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on March 24,
2021.
No further action was taken on H.R. 2132 in the 117th
Congress. The provisions of H.R. 2132 were included in H.R.
1512.
On March 23, 2021, H.R. 2159 was introduced by
Representative Dean Phillips (D-MN) and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Environment and Climate Change
on March 24, 2021.
No further action was taken on H.R. 2159 in the 117th
Congress. Provisions of H.R. 2159 were included in H.R. 1512.
On March 23, 2021, H.R. 2164 was introduced by
Representative Schakowsky and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on March 24,
2021.
No further action was taken on H.R. 2164 in the 117th
Congress. Provisions of H.R. 2164 were included in H.R. 1512.
On April 1, 2021, H.R. 2302 was introduced by
Representative Clarke and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on April 2,
2021.
No further action was taken on H.R. 2302 in the 117th
Congress. Provisions of H.R. 2302 were included in H.R. 1512.
On April 8, 2021, H.R. 2431 was introduced by
Representative Ruiz and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on April 13,
2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 2431. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 2431 in the 117th
Congress. Provisions of H.R. 2431 were included in H.R. 1512.
On April 12, 2021, H.R. 2442 was introduced by
Representative Barragan 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 April 13,
2021.
No further action was taken on H.R. 2442 in the 117th
Congress. Provisions of H.R. 2442 were included in H.R. 1512.
On October 22, 2021, H.R. 5698 was introduced by
Representative Lamb (D-PA) and referred to the Committee on
Energy and Commerce, and in addition to the Committees on
Oversight and Reform, and Science, Space, and Technology. The
bill was subsequently referred to the Subcommittee on
Environment and Climate Change on October 25, 2021.
No further action was taken on H.R. 5698 in the 117th
Congress. Provisions of H.R. 5698 were included in H.R. 1512.
On March 2, 2021, H.R. 1512 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce, and in addition to the Committees on
Transportation and Infrastructure; Oversight and Reform,
Education and Labor; Ways and Means; Natural Resources; Armed
Services; Foreign Affairs; Science, Space, and Technology;
Intelligence (Permanent Select); and Financial Services. The
bill was subsequently referred to the Subcommittee on
Environment and Climate Change on March 3, 2021.
The Subcommittee on Energy held three legislative hearings
on H.R. 1512 on the following dates: March 24, 2021; May 5,
2021; and June 29, 2021. The Subcommittee on Environment and
Climate Change held five legislative hearings on H.R. 1512 on
the following dates: March 18, 2021; April 15, 2021; May 13,
2021; May 25, 2021; and June 30, 2022.
No further action was taken on H.R. 1512 in the 117th
Congress.
PFAS Action Act of 2021
H.R. 2467
(H.R. 4692, H.R. 3267, H.R. 7142, H.R. 4463, H.R. 4381, H.R. 4567, H.R.
7897)
To require the Administrator of the Environmental
Protection Agency to designate per- and polyfluoroalkyl
substances as hazardous substances under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980.
Summary
H.R. 2467 would create a comprehensive regulatory regime
for PFAS chemicals, from development to disposal.
Section 2 of the bill requires the Administrator to
designate PFAS as hazardous substances under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), frequently referred to as ``Superfund.'' The bill
also requires EPA to review all other PFAS chemicals over a
five-year period and decide whether to list them under
Superfund.
Section 3 of H.R. 2467 incorporates H.R. 4692, the ``PFAS
Testing Act of 2021''. The section requires the Administrator
to promulgate a test rule under Section 4 of the Toxic
Substances Control Act (TSCA) to require comprehensive testing
of all PFAS chemicals. EPA is instructed to identify relevant
subclasses of PFAS and tailor testing requirements to those
subclasses.
Section 4 establishes a five-year moratorium on the
introduction of new PFAS into commerce under TSCA Section 5. It
also prohibits the introduction into commerce of PFAS chemicals
under review-exemptions such as the low volume exemption (LVE).
Section 5 of H.R. 2467 incorporates H.R. 3267, the
``Protect Drinking Water from PFAS Act of 2021''. The section
requires EPA to promulgate a drinking water standard for PFAS
that is protective of the health of vulnerable and
disproportionately exposed subpopulations. The standard would
cover PFOA and PFOS at a minimum and could cover additional
PFAS at the discretion of the Administrator.
Section 6 provides a five-year grace period during which no
financial penalties will be assessed for water systems that
violate the PFAS drinking water standard promulgated under
Section 5. This grace period is intended to provide time for
water systems to implement necessary treatment changes to come
into compliance.
Section 7 creates a new grant program to provide financial
support to drinking water systems that need to implement
treatment changes to remove PFAS from their finished water. The
section authorizes $550 million over fiscal years 2022 through
2026 for the program.
Section 8 of H.R. 2467 incorporates H.R. 7142, the
``PROTECT Act of 2022''. The section directs the Administrator
to promulgate a rule adding PFOA and its salts and PFOS and its
salts to the list of hazardous air pollutants under the Clean
Air Act (CAA). This section would also set a five-year deadline
for EPA to determine whether other PFAS should be listed as
hazardous air pollutants. Lastly, this section sets a one-year
deadline for EPA to issue a rule identifying major source
categories of PFAS under the CAA.
Section 9 of H.R. 2467 incorporates H.R. 4463, the ``PFAS
Safe Disposal Act''. The section requires the Administrator to
promulgate regulations under Subtitle C of the Solid Waste
Disposal Act (commonly referred to as the Resource Conservation
and Recovery Act, or RCRA) to prohibit incineration of
materials containing PFAS or aqueous film forming foam if the
incineration violates the CAA or fails to eliminate the PFAS in
the material.
Section 10 directs the Administrator to revise the Safer
Choice Standard of the Safer Choice Program to develop a
voluntary PFAS-free label for cookware and other consumer
products. The products include pots, pans, cooking utensils,
carpets, rugs, clothing, upholstered furniture, and stain,
water, or grease resistant coatings that do not contain PFAS.
Section 11 of H.R. 2467 incorporates H.R. 4381. The section
requires the Administrator, in consultation with the head of
the U.S. Fire Administration, Federal Aviation Administration,
and other relevant Federal agencies, to issue guidance for
first responders to minimize their exposure to firefighting
foam and other related equipment that contain PFAS chemicals.
Covered first responders may include firefighters, police
officers, paramedics, emergency medical technicians, and
others.
Section 12 directs the Administrator to investigate methods
and means to prevent contamination by GenX of surface waters,
including source waters used for drinking water purposes.
Section 14 of H.R. 2467 incorporates H.R. 4567, the ``Test
Your Well Water Act.'' The section directs the Administrator,
in coordination with the Secretary of Health and Human
Services, the Secretary of Agriculture, and appropriate State
agencies, to establish a website containing information
relating to the testing of household well water.
Section 15 directs the Administrator to develop a risk-
communication strategy to inform the public about the hazards
of PFAS. The strategy would include dissemination of
information about the risks posed by PFAS in land, air, water,
and products, notification of the public about exposure
pathways and mitigation measures, and consultation with States
that have demonstrated effective risk-communication strategies
for best practices.
Section 16 makes U.S. territories eligible for financial
assistance designated for addressing emerging contaminants,
including PFAS.
Section 17 directs the Administrator to promulgate a rule
under the Federal Water Pollution Control Act establishing
effluent limitations and pretreatment standards for the
introduction or discharge of PFAS. This section authorizes $200
million per year from fiscal years 2022 through 2026 for a
grant program that provides financial assistance to owners and
operators of publicly owned treatment works to implement a PFAS
pretreatment standard.
Section 18 directs the EPA Administrator to establish a
grant program for schools to test drinking water for PFAS and
to install and maintain filtration systems. This section
authorizes $100 million per year from FY 2022-2026.
Section 19 of H.R. 2467 incorporates H.R. 7897, the ``PFAS
Reference Standards Act.'' The section directs manufacturers to
provide analytical reference standards for all PFAS chemicals,
enabling EPA to accurately identify and track more of the large
class of PFAS.
Legislative History
On July 26, 2021, H.R. 4692 was introduced by
Representative Sean Patrick Maloney (D-NY) and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Environment and Climate Change
on July 27, 2021.
No further action was taken on H.R. 4692 in the 117th
Congress. Provisions of H.R. 4692 were included in H.R. 2467.
On May 17, 2021, H.R. 3267 was introduced by Representative
Boyle (D-PA) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on May 18, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3267. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 3267 in the 117th
Congress. Provisions of H.R. 3267 were included in H.R. 2467.
On March 17, 2022, H.R. 7142 was introduced by
Representative Stevens (D-MI) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on March 18,
2022.
No further action was taken on H.R. 7142 in the 117th
Congress. Provisions of H.R. 7142 were included in H.R. 2467.
On July 16, 2021, H.R. 4463 was introduced by
Representative Levin (D-MI) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on July 19,
2021.
No further action was taken on H.R. 4463 in the 117th
Congress. Provisions of H.R. 4463 were included in H.R. 2467.
On July 9, 2021, H.R. 4381 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 July 12, 2021.
No further action was taken on H.R. 4381 in the 117th
Congress. Provisions of H.R. 4381 were included in H.R. 2467.
On July 20, 2021, H.R. 4567 was introduced by
Representative Kildee (D-MI) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on July 21,
2021.
No further action was taken on H.R. 4567 in the 117th
Congress. Provisions of H.R. 4567 were included in H.R. 2467.
On July 26, 2021, H.R. 4692 was introduced by
Representative Sean Patrick Maloney (D-NY) and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Environment and Climate Change
on July 27, 2021.
No further action was taken on H.R. 4692 in the 117th
Congress. Provisions of H.R. 4692 were included in H.R. 2467.
On May 27, 2022, H.R. 7897 was introduced by Representative
Sarbanes and referred to the Committee on Energy and Commerce.
No further action was taken on H.R. 7897 in the 117th
Congress. Provisions of H.R. 7897 were included in H.R. 2467.
On April 13, 2021, H.R. 2467 was introduced by
Representative Dingell 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 Environment and Climate Change
on April 14, 2021.
On June 16, 2021, the Subcommittee on Environment and
Climate Change met in open markup session to consider H.R. 2467
and ordered the bill favorably reported to the full Committee,
without amendment, by a recorded vote of 16 yeas and seven
nays.
On June 23, 2021, the full Committee on Energy and Commerce
met in open markup session to consider H.R. 2467 and ordered
the bill favorably reported to the House, without amendment by
the Subcommittee on Environment and Climate Change, by a
recorded vote of 33 yeas and 20 nays.
On July 13, 2021, the Committee on Transportation and
Infrastructure was discharged of the bill, and the Committee on
Energy and Commerce reported H.R. 2467 to the House (H. Rept.
117-86). That same day, the bill was placed on the Union
Calendar (Calendar No. 61).
On July 21, 2021, the bill was considered under the
provisions of H. Res. 535. An amendment offered by
Representative Tonko (H. Amdt. 77) was agreed to by a recorded
vote of 226 yeas and 195 nays. The House passed H.R. 2467, as
amended, by a recorded vote of 241 yeas to 183 nays. On July
22, 2021, the bill 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. 2467 in the 117th
Congress.
Environmental Justice Mapping and Data Collection Act of 2021
H.R. 516
To establish the Environmental Justice Mapping Committee,
and for other purposes.
Summary
The bill authorizes funding to identify the demographic
factors, environmental burdens, socioeconomic conditions, and
public health concerns related to environmental justice, as
well as collect data through community engagement and a
government-wide interagency process. These data would be used
to build layered maps identifying environmental justice
communities.
Legislative History
On January 28, 2021, H.R. 516 was introduced by
Representative Cori Bush (MO-01) 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 February 2,
2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 516. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 516 in the 117th
Congress.
Environmental Justice for All Act
H.R. 2021
To restore, reaffirm, and reconcile environmental justice
and civil rights, and for other purposes.
Summary
This bill establishes several environmental justice
requirements, advisory bodies, and programs to address the
disproportionate adverse human health or environmental effects
of federal laws or programs on communities of color, low-income
communities, or tribal and indigenous communities.
Specifically, the bill prohibits disparate impacts on the basis
of race, color, or national origin as discrimination. Aggrieved
persons may seek legal remedy when faced with such
discrimination. In addition, the bill directs agencies to
follow certain requirements concerning environmental justice.
For example, agencies must prepare community impact reports
that assess the potential impacts of their actions on
environmental justice communities under certain circumstances.
Further, it creates a variety of advisory bodies and positions,
such as the White House Environmental Justice Interagency
Council. Among other things, the council must issue an
environmental justice strategy. It also establishes
requirements and programs concerning chemicals or toxic
ingredients in certain products. For example, the bill (1)
requires certain products (e.g., cosmetics) to include a list
of ingredients or warnings; and (2) provides grants for
research on designing safer alternatives to chemicals in
certain consumer, cleaning, toy, or baby products that have an
inherent toxicity or that are associated with chronic adverse
health effects. Finally, it creates a variety of funding
programs, such as a grant program to enhance access to park and
recreational opportunities in urban areas.
Legislative History
On March 18, 2021, H.R. 2021 was introduced by
Representative Grijalva (AZ-03) and referred to the Committee
on Energy and Commerce, and in addition to the Committees on
Natural Resources; Judiciary; Transportation and
Infrastructure; Agriculture; and Education and Labor. The bill
was subsequently referred to the Subcommittee on Environment
and Climate Change on March 19, 2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 2021. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 2021 in the 117th
Congress.
Climate Justice Act of 2021
H.R. 2394
To provide for the establishment of a Climate Justice
Working Group to help guide the Nation's just and equitable
transition towards a clean, climate-resilient, zero-emission
economy, and for other purposes.
Summary
The bill directs the President to establish the ``Climate
Justice Working Group,'' a committee to advise on the nation's
just and equitable transition towards a clean, climate-
resilient, zero-emission economy. The bill also defines
``climate justice'' to recognize that climate change has
different social, economic, public health, and other adverse
impacts on underprivileged communities, and that its impacts
are not felt equitably among all communities.
Legislative History
On April 8, 2021, H.R. 2394 was introduced by
Representative Clarke 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 April 13,
2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 2394. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 2394 in the 117th
Congress.
Ensuring Safe Disposal of Coal Ash Act
H.R. 2396
To amend the Solid Waste Disposal Act to ensure the safe
disposal of coal combustion residuals.
Summary
The bill amends the Solid Waste Disposal Act to require
stronger protections for communities, public health, and
groundwater from unsafe coal ash disposal. Specifically, H.R.
2396 requires financial assurances for coal ash residuals units
sufficient to cover all post-use care and correction actions,
prohibits use of unlined impoundments for coal ash, limits
fugitive dust emissions from impoundments, and requires permit
limits and safety standards. The bill also increases monitoring
and protection for nearby groundwater sources.
Legislative History
On April 8, 2021, H.R. 2396 was introduced by
Representative Cohen (D-TN) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on April 13,
2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 2396. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 2396 in the 117th
Congress.
Environmental Justice Act of 2021
H.R. 2434
To require Federal agencies to address environmental
justice, to require consideration of cumulative impacts in
certain permitting decisions, and for other purposes.
Summary
The bill codifies the requirements of Executive Order 12898
on environmental justice, makes significant changes to
permitting under the CAA and CWA, and requires consideration of
cumulative impacts in certain permitting decisions.
Legislative History
On April 8, 2021, H.R. 2434 was introduced by
Representative Ruiz and referred to the Committee on Energy and
Commerce, and in addition to the Committees on Natural
Resources; Transportation and Infrastructure; and Judiciary.
The bill was subsequently referred to the Subcommittee on
Environment and Climate Change on April 13, 2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 2434. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 2434 in the 117th
Congress.
Protection From Cumulative Emissions and Underenforcement of
Environmental Law Act of 2021
H.R. 2397
To advance environmental justice by addressing cumulative
impacts and underenforcement, and for other purposes.
Summary
The bill instructs EPA to advance environmental justice by
implementing enforcement strategies in 100 communities
overburdened by serious environmental non-compliance problems.
The bill also instructs EPA to research the cumulative risks
posed by multiple pollution sources, and to incorporate this
information into EPA health assessments.
Legislative History
On April 8, 2021, H.R. 2397 was introduced by
Representative DeGette 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 April 13,
2021.
On April 15, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 2397. The witnesses included Mildred McClain,
Ph.D., Executive Director, Harambee House/Citizens for
Environmental Justice; Angelo Logan, Campaign Director, Moving
Forward Network; Elizabeth Yeampierre, J.D., Executive
Director, UPROSE; Derrick Hollie, Founder, Reaching America;
Shay Hawkins, President, Opportunity Funds Association; and
Adrienne Hollis, Ph.D., J.D., Senior Climate Justice and Health
Scientist, Union of Concerned Scientists.
No further action was taken on H.R. 2397 in the 117th
Congress.
Emergency Water Is a Human Right Act
H.R. 616
To prohibit water shutoffs during the COVID-19 emergency
period, provide drinking and waste water assistance to
households, and for other purposes.
Summary
The bill creates a grant program, administered by the
Department of Health and Human Services (HHS), to provide funds
to states and Indian tribes to assist low-income households
that pay a high proportion of household income for drinking
water and wastewater services. Any entity that receives
financial assistance under this grant program must ensure that
no home energy service or public water system service is or
remains disconnected or interrupted during the coronavirus
disease of 2019 (COVID-19) public health emergency.
Legislative History
On January 28, 2021, H.R. 616 was introduced by
Representative Tlaib (MI-13) 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 February 2,
2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 616. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 616 in the 117th
Congress.
Drinking Water Funding for the Future Act of 2021
H.R. 3282
To reauthorize funding for drinking water programs under
the Safe Drinking Water Act and America's Water Infrastructure
Act of 2018, and for other purposes.
Summary
The bill extends the authorizations for several drinking
water grant programs, including the Drinking Water SRF and the
Water Infrastructure Finance and Innovation Act (WIFIA),
without making any other changes.
Legislative History
On May 17, 2021, H.R. 3282 was introduced by Representative
McKinley (WV-01) 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 Environment and Climate Change on May 18, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3282. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 3282 in the 117th
Congress.
Emergency Oasis Act
H.R. 3286
To amend the Safe Drinking Water Act to require drinking
water distribution systems to be flushed under certain
circumstances, and for other purposes.
Summary
H.R. 3286 amends SDWA to direct the EPA Administrator to
issue regulations requiring the flushing of drinking water
distribution systems under certain circumstances. The bill
specifically addresses systems where the concentration of a
contaminant in the drinking water within the system has
exceeded the national standard for longer than six months, or
the drinking water in the distribution system has stood
stagnant for longer than six months.
Legislative History
On May 17, 2021, H.R. 3286 was introduced by Representative
Ruiz and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on
Environment and Climate Change on May 18, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3286. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 3286 in the 117th
Congress.
Get the Lead Out Act
H.R. 3300
To amend the Safe Drinking Water Act with respect to
replacement of lead service lines, and for other purposes.
Summary
H.R. 3300 amends the Safe Drinking Water Act (SDWA) to
require the full replacement of lead service lines by all
community water systems within ten years. Under the plan,
community water systems would develop plans to inventory and
replace all lead service lines in their distribution system and
submit such plans for EPA approval. The bill authorizes $10
million for each of FY 2022 and 2023 for planning activities
and $46.5 billion, through the Drinking Water SRF, over ten
years for lead line replacement.
Legislative History
On May 18, 2021, H.R. 3300 was introduced by Representative
Christopher Smith (NJ-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 19, 2021.
On May 25, 2021, the Subcommittee on Environment and
Climate Change held a legislative hearing on 10 bills,
including H.R. 3300. The witness was Jennifer McLain, Ph.D.,
Director, Office of Ground Water and Drinking Water at the
Environmental Protection Agency.
No further action was taken on H.R. 3300 in the 117th
Congress.
Methane Emissions
H.J. RES. 34
Providing for congressional disapproval under chapter 8 of
title 5, United States Code, of a rule submitted by the
Environmental Protection Agency relating to ``Oil and Natural
Gas Sector: Emission Standards for New, Reconstructed, and
Modified Sources Review''.
Summary
The joint resolution provides for Congressional disapproval
under chapter 8 of title 5, United States Code, of the rule
submitted by EPA relating to Oil and Natural Gas Sector:
Emission Standards for New, Reconstructed, and Modified Sources
Review, published on September 14, 2020. If enacted, the 2020
rule shall be treated as though such rule had never taken
effect. The joint resolution reinstates the methane and
volatile organic compound pollution reduction requirements for
the oil and natural gas sectors, established under Clean Air
Act regulations finalized in 2012 and 2016.
Legislative History
On March 26, 2021, H.J. Res. 34 was introduced by
Representative DeGette and referred to the Committee on Energy
and Commerce. The joint resolution was subsequently referred to
the Subcommittee on Environment and Climate Change on March 29,
2021.
On June 10, 2021, the full Committee on Energy and Commerce
met in open markup session to consider H.J. Res. 34 and ordered
the joint resolution favorably reported to the House, without
amendment, by the Subcommittee on Environment and Climate
Change, by a recorded vote of 30 yeas and 22 nays.
On June 17, 2021, the Committee on Energy and Commerce
reported H.J. Res. 34 to the House (H. Rept. 117-64), and it
was placed on the Union Calendar (Calendar No. 45).
No further action was taken on H.J. Res. 34 in the 117th
Congress.
Recycling and Composting Accountability Act
H.R. 8059
To require the Administrator of the Environmental
Protection Agency to carry out certain activities to improve
recycling and composting programs in the United States, and for
other purposes.
Summary
H.R. 8059 requires the EPA Administrator to carry out
activities to improve recycling and composting in the United
States. The bill directs the Administrator to prepare a report
on domestic composting infrastructure capabilities, and a
report on federal agency recycling practices. Further, it
requires the Administrator to conduct a study on the diversion
of recyclable and compostable materials from a circular market
and to establish an inventory of Materials Recovery Facilities
(MRFs) in the United States. The bill also directs EPA to
establish comprehensive baseline data on recycling and
composting programs; types of materials, accessibility, and
barriers; inbound contamination; and average cost to states,
units of local government, and Tribes of recycling and
composting programs. Based on the data collected, the bill
directs the Administrator to develop best practices that
states, units of local government, and Tribes may use to
enhance recycling and composting. The bill authorizes such sums
as are necessary to carry out the Act.
Legislative History
On June 14, 2022, H.R. 8059 was introduced by
Representative Neguse (CO 02) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on June 15,
2022.
On June 30, 2022, the Subcommittee on Environment and
Climate Change held a legislative hearing on four bills,
including H.R. 8059. The witnesses included David Allaway,
Senior Policy Analyst, Department of Environmental Quality,
State of Oregon; Lynn Hoffman, Co-President of Eureka
Recycling, National Coordinator of the Alliance of Mission
Based Recyclers; Stephanie Erwin, Director of Circular Economy,
American Sustainable Business Network; Yvette Arellano, Founder
and Executive Director, Fenceline Watch; William Johnson, Chief
Lobbyist, Institute of Scrap Recycling Industries, Inc.; and
Matt Seaholm, Chief Executive Officer, Plastics Industry
Association.
No further action was taken on H.R. 8059 in the 117th
Congress.
Recycling Infrastructure and Accessibility Act Of 2022
H.R. 8183
To establish a pilot grant program to improve recycling
accessibility, and for other purposes.
Summary
H.R. 8183 directs the EPA Administrator to create a pilot
program to award grants of between $500,000 and $15 million to
states, local governments, Indian tribes, and public-private
partnerships to improve recycling accessibility. The grant
funds may be used to increase the number of transfer stations,
expand curbside recycling collection programs, and leverage
public-private partnerships to reduce the costs associated with
collecting and transporting recyclable materials. The bill
requires EPA to set aside at least 70 percent of the funds for
proposed projects or programs in underserved communities. It
authorizes such sums as are necessary to carry out the Act
annually from fiscal years 2023 through 2027.
Legislative History
On June 22, 2022, H.R. 8183 was introduced by
Representative McKinley and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on June 23,
2022.
On June 30, 2022, the Subcommittee on Environment and
Climate Change held a legislative hearing on four bills,
including H.R. 8183. The witnesses included David Allaway,
Senior Policy Analyst, Department of Environmental Quality,
State of Oregon; Lynn Hoffman, Co-President of Eureka
Recycling, National Coordinator of the Alliance of Mission
Based Recyclers; Stephanie Erwin, Director of Circular Economy,
American Sustainable Business Network; Yvette Arellano, Founder
and Executive Director, Fenceline Watch; William Johnson, Chief
Lobbyist, Institute of Scrap Recycling Industries, Inc.; and
Matt Seaholm, Chief Executive Officer, Plastics Industry
Association.
No further action was taken on H.R. 8183 in the 117th
Congress.
Break Free From Plastic Pollution Act of 2021
H.R. 2238
To amend the Solid Waste Disposal Act to reduce the
production and use of certain single-use plastic products and
packaging, to improve the responsibility of producers in the
design, collection, reuse, recycling, and disposal of their
consumer products and packaging, to prevent pollution from
consumer products and packaging from entering into animal and
human food chains and waterways, and for other purposes.
Summary
H.R. 2238 amends the Solid Waste Disposal Act (SWDA) to
reduce the production and use of certain single-use plastic
products. The bill requires producers relying on plastic and
other covered packaging materials to design, manage, and
finance programs to process waste and participate in a Producer
Responsibility Organization (PRO). PROs are required to develop
EPA-approved stewardship plans that detail how each PRO will
meet the minimum required performance targets for covered
products and to conduct outreach and education efforts for
consumers. The bill also includes a 10 cent per unit national
deposit requirement for all beverage containers, to be refunded
to customers when they return the containers. The bill
institutes a fee on the use of non-reusable carryout bags and a
ban on the most common single-use plastic products, with
exceptions for persons with disabilities. H.R. 2238 also
directs EPA to establish certain mandatory targets for post-
consumer recycled content in new plastic beverage bottles, and
to conduct a study on technical and safe post-recycled consumer
content standards for other covered products and non-plastic
beverage containers. The bill implements a pause of up to three
years on the permitting of new plastic-producing facilities
under various environmental laws to allow EPA to update
regulations and investigate cumulative impacts of such
facilities on the air, water, and climate.
Legislative History
On March 26, 2021, H.R. 2238 was introduced by
Representative Lowenthal (CA 47) and referred to the Committee
on Energy and Commerce. The bill was subsequently referred to
the Subcommittee on Environment and Climate Change on March 29,
2021.
On June 30, 2022, the Subcommittee on Environment and
Climate Change held a legislative hearing on four bills,
including H.R. 2238. The witnesses included David Allaway,
Senior Policy Analyst, Department of Environmental Quality,
State of Oregon; Lynn Hoffman, Co-President of Eureka
Recycling, National Coordinator of the Alliance of Mission
Based Recyclers; Stephanie Erwin, Director of Circular Economy,
American Sustainable Business Network; Yvette Arellano, Founder
and Executive Director, Fenceline Watch; William Johnson, Chief
Lobbyist, Institute of Scrap Recycling Industries, Inc.; and
Matt Seaholm, Chief Executive Officer, Plastics Industry
Association.
No further action was taken on H.R. 2238 in the 117th
Congress.
Year Round Fuel Choice Act of 2021
H.R. 4410
To amend the Clean Air Act to modify the ethanol waiver for
the Reid Vapor Pressure limitations under that Act, and for
other purposes.
Summary
The bill amends the Clean Air Act to address the
limitations on Reid Vapor Pressure (RVP) that are placed on
gasoline during the summer ozone season. The bill extends the
RVP requirements that are applicable to gasoline blended with
10 percent ethanol (E10) to gasoline blended with more than 10
percent ethanol. Thus, the volatility waiver given to E10
gasoline, which allows for an increase in the RVP, is extended
to higher-blend fuels such as gasoline blended with 15 percent
ethanol (E15). This would allow for the sale of E15 gasoline
during summer high-ozone season.
Legislative History
On July 13, 2021, H.R. 4410 was introduced by
Representative Craig (D MN) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Environment and Climate Change on July 14,
2021.
No further action was taken on H.R. 4410 in the 117th
Congress.
Of Inquiry Requesting the President To Provide Certain Documents to the
House of Representatives Relating to Plans To Exploit the Energy Crisis
To Pursue a Radical Climate Agenda
H. RES. 1265
Of inquiry requesting the President to provide certain
documents to the House of Representatives relating to plans to
exploit the energy crisis to pursue a radical climate agenda.
Summary
H. Res. 1265 requests the President provide certain
documents to the House of Representatives relating to plans to
exploit the energy crisis to pursue a radical climate agenda.
Legislative History
On July 26, 2022, H. Res. 1265 was introduced by
Representative Duncan and referred to the Committee on Energy
and Commerce. The resolution was subsequently referred to the
Subcommittee on Environment and Climate Change on July 27,
2022.
On September 21, 2022, the Subcommittee on Environment and
Climate was discharged of the resolution. That same day, the
full Committee on Energy and Commerce met in open markup
session to consider H. Res. 1265 and ordered the resolution
adversely reported to the House, without amendment, by a
recorded vote of 31 yeas and 22 nays.
On September 29, 2022, the Committee on Energy and Commerce
reported H. Res. 1265 to the House (H. Rept. 117 524), and it
was placed on the Union Calendar (Calendar No. 131).
No further action was taken on H. Res. 1265 in the 117th
Congress.
Of Inquiry Requesting the President To Provide Certain Documents to the
House of Representatives Relating to Plans To Declare a ``Climate
Emergency'' in Order To Invoke Emergency Authorities To Impose
Regulations on Industrial Activity, or the Supply and Delivery of
Energy or Electric Power, in the United States
H. RES. 1272
Of inquiry requesting the President to provide certain
documents to the House of Representatives relating to plans to
declare a ``climate emergency'' in order to invoke emergency
authorities to impose regulations on industrial activity, or
the supply and delivery of energy or electric power, in the
United States.
Summary
H. Res. 1272 requests the President to provide certain
documents to the House of Representatives relating to plans to
declare a ``climate emergency'' in order to invoke emergency
authorities to impose regulations on industrial activity, or
the supply and delivery of energy or electric power, in the
United States.
Legislative History
On July 26, 2022, H. Res. 1272 was introduced by
Representative Bill Johnson (R-OH) and referred to the
Committee on Energy and Commerce. The resolution was
subsequently referred to the Subcommittee on Environment and
Climate Change on July 27, 2022.
On September 21, 2022, the Subcommittee on Environment and
Climate was discharged of the resolution. That same day, the
full Committee on Energy and Commerce met in open markup
session to consider H. Res. 1272 and ordered the resolution
adversely reported to the House, without amendment, by a
recorded vote of 31 yeas and 21 nays.
On September 29, 2022, the Committee on Energy and Commerce
reported H. Res. 1272 to the House (H. Rept. 117-525), and it
was placed on the Union Calendar (Calendar No. 132).
No further action was taken on H. Res. 1272 in the 117th
Congress.
OVERSIGHT ACTIVITIES
Back in Action: Restoring Federal Climate Leadership
On February 9, 2021, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Back in Action:
Restoring Federal Climate Leadership.'' The purpose of this
hearing was to examine the federal government's renewed focus
on climate change and environmental justice, demonstrated by
the Biden Administration's executive actions that aim to
address climate change and protect public health. The
Subcommittee received testimony from Anna Fendley, M.P.H.,
Director of Regulatory and State Policy, United Steelworkers;
Christy Goldfuss, Senior Vice President, Energy and Environment
Policy, Center for American Progress; Mark Mills, Senior
Fellow, The Manhattan Institute; and Kerene N. Tayloe, Esq.,
Director of Federal Legislative Affairs, WE ACT for
Environmental Justice.
The Fiscal Year 2022 EPA Budget
On April 29, 2021, the Subcommittee on Environment and
Climate Change held a hearing entitled ``The Fiscal Year 2022
EPA Budget.'' The purpose of this hearing was to examine the
President's fiscal year 2022 budget for the U.S. Environmental
Protection Agency. The Subcommittee received testimony from the
Honorable Michael S. Regan, Administrator, U.S. Environmental
Protection Agency.
TSCA and Public Health: Fulfilling the Promise of the Lautenberg Act
On October 27, 2021, the Subcommittee on Environment and
Climate Change held a hearing entitled ``TSCA and Public
Health: Fulfilling the Promise of the Lautenberg Act.'' The
purpose of this hearing was to examine the U.S. Environmental
Protection Agency's assessment and management of chemical risks
under the Toxic Substances Control Act (TSCA). The Subcommittee
received testimony from the Honorable Michal Ilana Freedhoff,
Ph.D., Assistant Administrator, Office of Chemical Safety and
Pollution Prevention, U.S. Environmental Protection Agency.
Securing America's Future: Supply Chain Solutions for a Clean Energy
Economy
On November 16, 2021, the Subcommittee on Environment and
Climate Change and the Subcommittee on Energy held a joint
hearing entitled ``Securing America's Future: Supply Chain
Solutions for a Clean Energy Economy.'' The purpose of this
hearing was to examine opportunities to develop domestic supply
chains for clean energy technologies and their components. The
Subcommittees received testimony from Ethan Zindler, Head of
Americas, BloombergNEF; Roxanne Brown, International Vice
President at Large, United Steelworkers; Jackson Switzer,
Ph.D., Senior Director of Business Development, Redwood
Materials; and Lucian Pugliaresi, President, Energy Policy
Research Foundation, Inc.
Back From the Brink: Restoring Brownfield Sites to Economic Engines
On February 15, 2022, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Back from the Brink:
Restoring Brownfield Sites to Economic Engines.'' The purpose
of this hearing was to review the impact of past updates to the
Brownfields program, to determine if additional updates to the
program are needed, and to examine the benefits of continuous
and robust funding provided by the Infrastructure and Jobs Act
(IIJA). The Subcommittee received testimony from the Honorable
J. Christian Bollwage, Mayor, the City of Elizabeth, NJ, on
behalf of U.S. Conference of Mayors and the National League of
Cities; the Honorable Michael Largent, Commissioner, Whitman
County Board of Commissioners, Whitman County, WA, on behalf of
National Association of Counties; Lee Ilan, Chief of Planning,
Mayor's Office of Environmental Remediation, the City of New
York, New York, on behalf of National Brownfields Coalition;
Jason Seyler, Brownfields Coordinator, Montana Department of
Environmental Quality, on behalf of Association of State and
Territorial Solid Waste Management Officials; and Patrick B.
Ford, Business Development Director, Frontier Group of
Companies.
Trusting the Tap: Upgrading America's Drinking Water Infrastructure
On March 29, 2022, the Subcommittee on Environment and
Climate Change held a hearing entitled ``Trusting the Tap:
Upgrading America's Drinking Water Infrastructure.'' The
purpose of this hearing was to examine the impact of funding
from and implementation of the Bipartisan Infrastructure Law on
drinking water infrastructure, including PFAS contamination
cleanup and lead service line replacement. The subcommittee
received testimony from Erik D. Olson, Senior Strategic
Director for Health & Food, Natural Resources Defense Council;
Lori J. Mathieu, Public Health Branch Chief, Environmental
Health & Drinking Water Branch, Connecticut Department of
Public Health, President, Association of Drinking Water
Administrators; Kareem Adeem, Director of Water and Sewer
Utilities, the City of Newark, New Jersey; Richard Diaz,
Midwest Regional Field Organizer, BlueGreen Alliance; and Jim
McGoff, Chief Operating Officer and Director of Environmental
Programs, Indiana Finance Authority, on behalf of Council of
Infrastructure Financing Authorities.
The Fiscal Year 2023 EPA Budget
On May 17, 2022, the Subcommittee on Environment and
Climate Change held a hearing entitled ``The Fiscal Year 2023
EPA Budget.'' The purpose of this hearing was to examine the
proposed EPA budget for Fiscal Year 2023. The subcommittee
received testimony from the Honorable Michael S. Regan,
Administrator, U.S. Environmental Protection Agency.
Subcommittee on Health
LEGISLATIVE ACTIVITIES
American Rescue Plan Act of 2021
PUBLIC LAW 117-2
(H.R. 1319, H.R. 871, H.R. 1373, H.R. 1914, H.R. 3345)
To provide additional relief to address the continued
impact of COVID-19 (i.e., coronavirus disease 2019) on the
economy, public health, state and local governments,
individuals, and businesses.
Summary
Title X, Subtitle J, Section 9812 incorporates H.R. 3345 to
temporarily allow states to provide one year of postpartum
coverage under Medicaid.
Title X, Subtitle J, Section 9813 incorporates H.R. 1914 to
temporarily allow state Medicaid programs to cover certain
community-based mobile crisis intervention services for
individuals experiencing a mental health or substance-use
disorder crisis outside of a facility setting.
Title X, Subtitle J, Section 9814 incorporates H.R. 871 to
temporarily increase the FMAP for states that elect to
participate in Medicaid expansion (pursuant to the Patient
Protection and Affordable Care Act) if they have not already
done so.
Title X, Subtitle J, Section 9815 incorporates H.R. 1373 to
temporarily apply a 100% FMAP to services provided through
Urban Indian Organizations, Native Hawaiian Health Centers, and
other specified entities.
Legislative History
On February 24, 2021, H.R. 1319 was introduced by
Representative Yarmouth (KY-03) and referred to the Committee
on Budget.
On February 25, 2021, the Committee on Budget reported H.R.
1319 to the House (H. Rept. 117-7), and the bill was placed on
the Union Calendar (Calendar No. 1). The next day, H.R. 1319
was considered in the House pursuant to the provisions of H.
Res. 166 and the bill, as amended, was passed by a recorded
vote of 219 yeas to 212 nays (Roll Call No. 49).
On March 2, 2021, H.R. 1319 was received in the Senate and
placed on the Senate Legislative Calendar under General Orders
(Calendar No. 10). On March 6, 2021, H.R. 1319 passed the
Senate with an amendment by a roll call vote of 50 yeas to 49
nays (Record Vote Number: 110).
On March 10, 2021, the House agreed to a motion that the
House agree to the Senate amendment by a roll call vote of 220
yeas to 211 nays (Roll no. 72).
On March 11, 2021, H.R. 1319 was presented to the President
and signed into law (Public Law No. 117-2).
Consolidated Appropriations Act, 2022
PUBLIC LAW 117-103 (H.R. 2471, H.R. 2630, H.R. 654)
Provides appropriations to federal agencies for the
remainder of FY2022, provides supplemental appropriations for
activities to support Ukraine, and modifies or establishes
various programs that address a wide range of policy areas.
Summary
Division P, Title I, Subtitle E, Section 151 incorporates
H.R. 2630 to extend the temporary scheduling order issued by
the Drug Enforcement Agency to place fentanyl-related
substances in schedule I of the Controlled Substances Act. The
scheduling order has subsequently been extended multiple times
since this bill became law.
Division P, Title I, Subtitle F, Section 161 incorporates
H.R. 654 to waive a federal grantee's matching requirements
during the COVID-19 pandemic if they are unable to meet the
match for the Drug-Free Communities Support Program, which is a
program that supports community-based drug prevention
coalitions in the United States.
Legislative History
On April 13, 2021, H.R. 2471 was introduced by
Representatives Jeffries (NY-08) and Waltz (FL-06) and referred
to the Committee on Foreign Affairs. On April 21, 2021, the
Committee on Foreign Affairs held a markup and H.R. 2471 was
reported to the House, amended, by a voice vote.
On June 28, 2021, H.R. 2471 was considered in the House
under suspension of the rules. The next day, H.R. 2471, as
amended, passed the House under suspension of the rules.
On July 12, 2021, H.R. 2471 was received in the Senate,
read twice, and referred to the Committee on Foreign Relations.
On January 13, 2022, the Senate Committee on Foreign Relations
discharged consideration by unanimous consent. That same day,
H.R. 2471 passed the Senate with an amendment by a voice vote.
On March 9, 2022, Representative DeLauro moved that the
House agree with an amendment to the Senate amendment. A motion
to agree in the Senate amendment with an amendment (divisions
B, C, F, X, Z, titles 2 and 3 of division N) passed by a record
vote of 361 yeas to 69 nays (Roll no. 65). A motion to agree in
the Senate amendment with another amendment (remaining
divisions) passed by a record vote of 260 yeas to 171 nays, 1
present (Roll no. 66). The motion that the House agree with an
amendment to the Senate amendment was agreed to by voice vote.
On March 10, 2022, the House amendment to Senate amendment
was received in the Senate and agreed to by a record vote of 68
yeas to 31 nays (Record Vote Number: 78).
On March 14, 2022, H.R. 2471 was presented to the
President. On March 15, 2022, H.R. 2471 was signed by the
President and became Public Law No. 117-103.
Inflation Reduction Act of 2022
PUBLIC LAW 117-169 (H.R. 5376, H.R. 3, H.R. 369)
To provide for reconciliation pursuant to title II of S.
Con. Res. 14.
Summary
Subtitle B, Sections 11001-11004 incorporate H.R. 3 to
require Medicare to negotiate the cost of prescription drugs
and impose an inflation rebate on pharmaceutical manufacturers
that increase the prices of their produces more than the rate
of inflation.
Subtitle B, Sections 11201-11202 incorporate H.R. 3 to
institute a $2,000 annual cap for Medicare beneficiaries' Part
D spending starting in 2025, provide assistance for
beneficiaries between 125 percent and 150 percent of the
federal poverty level, limit Part D premium cost growth at six
percent from 2024 to 2029, and limit cost-sharing for insulin
products in Medicare Part D to $35 per month.
Subtitle C, Section 12001 incorporates H.R. 369 to extend
through 2025 certain adjustments and expansions of Affordable
Care Act Marketplace premium subsidies, including to allow
taxpayers with income above 400 percent of the federal poverty
line to qualify for the premium tax credit.
Legislative History
On September 13, 14, and 15, 2021, the Committee on Energy
and Commerce met in virtual markup to consider legislative
recommendations to comply with the reconciliation directive
included in section 2002 of the Concurrent Resolution on the
Budget for Fiscal Year 2022, S. Con. Res. 14. Subtitle A,
``Budget Reconciliation Legislative Recommendations Relating to
Air Pollution,'' was transmitted favorably to the Committee on
Budget, amended, by a roll call vote of 31 yeas and 26 nays.
Subtitle B, ``Budget Reconciliation Legislative Recommendations
Relating to Hazardous Materials,'' was transmitted favorably to
the Committee on Budget, amended, by a roll call vote of 31
yeas and 26 nays. Subtitle K, ``Budget Reconciliation
Legislative Recommendations Relating to Next Generation 9-1-
1,'' was transmitted favorably to the Committee on Budget,
amended, by a roll call vote of 31 yeas to 25 nays. Subtitle L,
``Budget Reconciliation Legislative Recommendations Relating to
Wireless Connectivity,'' was transmitted favorably to the
Committee on Budget, amended, by a roll call vote of 31 yeas
and 26 nays. Subtitle M, ``Budget Reconciliation Legislative
Recommendations Relating to Distance Learning,'' was
transmitted favorably to the Committee on Budget, amended, by a
roll call vote of 31 yeas and 26 nays. Subtitle C, ``Budget
Reconciliation Legislative Recommendations Relating to Drinking
Water,'' was ordered transmitted favorably to the Committee on
Budget, amended, by a roll call vote of 31 yeas and 25 nays.
Subtitle D, ``Budget Reconciliation Legislative Recommendations
Relating to Energy,'' was transmitted favorably to the
Committee on Budget, amended, by a roll call vote of 30 yeas
and 27 nays. The Committee on Energy and Commerce transmitted
these subtitles to the Committee on Budget and they were
incorporated into H.R. 5376.
On September 27, 2021, H.R. 5376 was introduced by
Representative Yarmuth (KY-3) and referred to the Committee on
Budget.
On September 27, 2021, the Committee on Budget reported
H.R. 5376 to the House (H. Rept. 117-130). On November 19,
2021, H.R. 5376 was passed in the House by a recorded vote of
220 yeas to 213 nays (Roll Call No. 385).
On August 2, 2022, H.R. 5376 was received in the Senate,
read twice, and referred to the Committee on Banking, Housing,
and Urban Affairs. A hearing on the bill was held on August 4,
2022.
On August 7, 2022, H.R. 5376 passed the Senate with an
amendment by a recorded vote of 51 yeas to 50 nays (Record Vote
Number: 325).
On August 12, 2022, pursuant to the provisions of H. Res.
1316, the House agreed to the Senate amendment by a roll call
vote of 220 yeas to 207 nays (Roll no. 420).
On August 15, 2022, H.R. 5376 was presented to the
President and signed into law on August 16, 2022 (Public Law
No. 117-169).
Maximizing Outcomes Through Better Investments in Lifesaving Equipment
(MOBILE) for Health Care Act
PUBLIC LAW 117-204 (S. 958, H.R. 5141)
Allows Federally Qualified Health Centers to use New Access
Point grants for establishing mobile health units, building
renovation, and acquisition and construction costs to increase
access to health care in rural and underserved communities.
Summary
Allows Federally Qualified Health Centers to use New Access
Point grants for establishing mobile health units, building
renovation, and acquisition and construction costs to increase
access to health care in rural and underserved communities.
Legislative History
On August 31, 2021, H.R. 5141 was introduced by
Representatives Lee (NV-03), Hudson (NC-08), Ruiz (CA-36), and
Herrera Beutler (WA-03). Subsequently, on September 1, 2021,
the bill was referred to the Subcommittee on Health.
On September 14, 2022, the Subcommittee on Health met in
open markup session, pursuant to notice, to consider H.R. 5141
and four other bills. During consideration of the bill, an
amendment in the nature of a substitute (AINS), offered by
Representative Hudson, was agreed to by a voice vote. Upon
conclusion of consideration of the bill, the Subcommittee on
Health agreed to report the bill favorably to the full
Committee, amended, by a roll call vote of 29 yeas to 0 nays.
On September 21, 2022, the full Committee met in open
markup session, pursuant to notice, to consider H.R. 5141 and
23 other bills. No amendments were offered during consideration
of the bill. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 5141 reported favorably to the House, as amended by the
Subcommittee on Health, by a roll call vote of 52 yeas to 0
nays.
On September 28, 2022, the Committee on Energy and Commerce
reported H.R. 5141 to the House (H. Rept. 117-513), and the
bill was placed on the Union Calendar (Calendar No. 384).
No further action was taken on H.R. 5141 in the 117th
Congress.
On September 28, 2022, the House considered the Senate
companion to H.R. 5141, S. 958, which passed the Senate on
September 6, 2022. On September 29, 2022, the House passed S.
958 under suspension of the rules.
On October 17, 2022, S. 958 was presented to the President
and signed S. 958 into law (Public Law No. 117-204).
Consolidated Appropriations Act, 2023
PUBLIC LAW 117-__
(H.R. 2617, H.R. 432, H.R. 1384, H.R. 1475, H.R. 1717, H.R. 1738, H.R.
1791, H.R. 1880, H.R. 2067, H.R. 2161, H.R. 2355, H.R. 2356, H.R. 2364,
H.R. 2376, H.R. 2379, H.R. 2454, H.R. 2565, H.R. 2877, 1H.R. 2929, H.R.
2981, H.R. 3259, H.R. 3297, H.R. 3320, H.R. 3345, H.R. 3630, H.R. 3635,
H.R. 3753, H.R. 3927, H.R. 4040, H.R. 4217, H.R. 4251, H.R. 4369, H.R.
4406, H.R. 4407, H.R. 4511, H.R. 5030, H.R. 5218, H.R. 5442, H.R. 5478,
H.R. 5515, H.R. 5583, H.R. 5585, H.R. 5594, H.R. 5626, H.R. 5950, H.R.
6279, H.R. 6305, H.R. 6363, H.R. 6584, H.R. 6636, H.R. 6888, H.R. 6963,
H.R. 6973, H.R. 6980, H.R. 6988, H.R. 7035, H.R. 7045, H.R. 7073, H.R.
7076, H.R. 7105, H.R. 7192, H.R. 7232, H.R. 7233, H.R. 7234, H.R. 7235,
H.R. 7237, H.R. 7238, H.R. 7241, H.R. 7248, H.R. 7249, H.R. 7255, H.R.
7383, H.R. 7483, H.R. 7640, H.R. 7658, H.R. 7857, H.R. 8151, H.R. 8163,
H.R. 8878, H.R. 8878, H.R. 8879, H.R. 8890, H.R. 9297)
Summary
Division FF, Title I, Subtitle A, Chapter 1, Section 1101
incorporates provisions from H.R. 7232 to establish the
Behavioral Health Crisis Coordinating Office within the
Substance Abuse and Mental Health Services Administration
(SAMHSA) to convene partners and provide technical assistance
to enhance access to crisis care.
Division FF, Title I, Subtitle A, Chapter 1, Section 1102
incorporates provisions from H.R. 7232 to require the Secretary
of Health and Human Services (HHS) to facilitate the
publication of best practices for a crisis response continuum
of care not later than one year after the date of enactment for
use by health care providers, crisis services administrators,
and crisis services providers; and, three years later, to
facilitate the identification of any updates of such best
practices, as appropriate. It directs the Government
Accountability Office (GAO) to assess the extent to which
relevant programs related to mental health and substance use
disorder crises utilize best practices and recommendations
identified under this section and submit its findings to
Congress within three years.
Division FF, Title I, Subtitle A, Chapter 1, Section 1103
incorporates H.R. 2981 to reauthorize and expand the National
Suicide Prevention Lifeline Program. It requires SAMHSA to
develop a plan to ensure the provision of high-quality service
and strengthens agreements, as appropriate, to facilitate the
transmission of epidemiological data from the program to the
Centers for Disease Control and Prevention (CDC) and ensure
relevant analyses are made available to state and local
agencies. It also requires the Secretary of HHS, acting through
the Assistant Secretary for Mental Health and Substance Use, to
implement a pilot program focused on innovative technologies
for suicide prevention. The section also directs HHS to
develop, implement, and complete a study on the goals and
objectives of its plan and submit a report of its findings to
Congress, and requires a GAO study of the program.
Division FF, Title I, Subtitle A, Chapter 2, Sections 1111-
1112 incorporate H.R. 7073 to reauthorize section 317L-1 of the
Public Health Service Act (PHSA) to award grants to states,
Tribes, and Tribal organizations to establish, improve, or
maintain maternal mental health and substance use disorder
programs for pregnant or postpartum women, establishing a
national hotline to provide information and resources for
pregnant and postpartum women at risk of, or affected by,
maternal mental health and substance use disorders,
establishing a task force to make recommendations to coordinate
and improve federal activities related to maternal mental
health conditions, and extending the residential treatment
pilot program for pregnant and postpartum women.
Division FF, Title I, Subtitle A, Chapter 2, Section 1113
incorporates H.R. 4217 to establish a task force to make
recommendations to coordinate and improve federal activities
related to maternal mental health conditions.
Division FF, Title I, Subtitle A, Chapter 3, Sections 1121-
1123 incorporate provisions from H.R. 7237 to reauthorize the
National Mental Health and Substance Abuse Policy Laboratory,
the Interdepartmental Serious Mental Illness Coordinating
Committee, and the Priority Mental Health Needs of Regions of
National Significance. It also establishes the Mental Health
Crisis Response Partnership pilot program to allow for mobile
crisis response teams. It also reauthorizes the Mental Health
Awareness Training (MHAT) Grant program and expands access to
technical assistance for MHAT grantees. The section also
reauthorizes and improves Adult Suicide Prevention program. It
reauthorizes the Assertive Community Treatment Grant. It
requires a related report to Congress by the end of fiscal year
(FY) 2026. It also reauthorizes the Assisted Outpatient
Treatment Grant Program and directs GAO to examine the efficacy
of the program compared to other community-based outpatient
treatment programs and services and submit a report to
respective Committees of jurisdiction within three years of
enactment.
Division FF, Title I, Subtitle A, Chapter 3, Section 1124
incorporates H.R. 7483 to require a study to determine the true
costs of untreated serious mental illness on families, health
care systems, public housing, and law enforcement in America.
Division FF, Title I, Subtitle A, Chapter 4, Section 1131
incorporates H.R. 7249 to authorize the SAMHSA National Center
of Excellence for Eating Disorders to award competitive
subgrants or subcontracts to develop and provide training and
technical assistance for primary and mental health providers
and other paraprofessionals and relevant individuals. It also
authorizes the center to collaborate and coordinate with
SAMHSA, CDC, and the Health Resources and Services
Administration (HRSA) on the identification, treatment, and
ongoing support of individuals with eating disorders.
Division FF, Title I, Subtitle A, Chapter 5, Section 1141
incorporates H.R. 7241 to reauthorize the Community Mental
Health Services Block Grants for states, territories, Tribes,
and Tribal organizations to support community mental health
services for adults with serious mental illness and children
with serious emotional disturbance, and to support the
collection of performance and outcome data. It requires five
percent of the funds to be used for crisis-care services.
Division FF, Title I, Subtitle A, Chapter 6, Section 1151
incorporates H.R. 2929 to authorize grants for consumer-run
nonprofit organizations, Tribes and Tribal organizations, Urban
Indian organizations, or Tribal consortia to provide peer-
supported mental health services, including virtual peer
support.
Division FF, Title I, Subtitle B, Chapter 1, Section 1201
incorporates H.R. 4251 to authorize resources to provide
services for the prevention of, treatment of, and recovery from
mental health and substance use disorders for American Indians,
Alaska Natives, and Native Hawaiians.
Division FF, Title I, Subtitle B, Chapter 2, Section 1211-
1221 incorporates provisions from H.R. 7234, with Section 1215
incorporating provisions from H.R. 7105 as well, to reauthorize
SAMHSA programs that support mental health and substance use
disorder prevention, treatment, and recovery services,
including: the Formula Grants for the Benefit of Homeless
Individuals; the Substance Use Disorder Treatment Programs of
Regional and National Significance (PRNS); Prescription Opioid
and Heroin Treatment and Interventions Demonstration Grants;
Substance Use Disorder Prevention PRNS; to reauthorize underage
drinking prevention programs at SAMHSA, including the
Community-based Coalition Enhancement Grants to Prevent
Underage Drinking, a National Media Campaign to Prevent
Underage Drinking, and grants to Organizations Representing
Pediatric Providers and Other Related Health Professionals. It
also authorizes a National Academies of Sciences, Engineering,
and Medicine (NASEM) review and report to Congress; Grants for
Jail Diversion Program; Grants for Reducing Overdose Deaths
program, including supporting the development of strategic
opioid crisis response plans; Opioid Overdose Reversal
Medication Access, Education, and Co-prescribing Grants; and
Emergency Department Alternatives to Opioids Demonstration
Grants. It also extends the Secretary's authority to allocate
funds for Projects for Assistance in Transition from
Homelessness formula grants to states.
Division FF, Title I, Subtitle B, Chapter 3, Section 1231-
1236 incorporates H.R. 2376 to require the Secretary, acting
through the Assistant Secretary for Mental Health and Substance
Use, to collaborate with federal agencies and relevant
stakeholders to promote the availability of high-quality
recovery housing and services for individuals with substance
use disorders. It requires the Secretary to develop and
periodically update consensus-based best practices for
operating, and promoting the availability of, high-quality
recovery housing. It requires the Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use and the
Secretary of Housing and Urban Development, to convene an
interagency working group and report to Congress on its
activities to increase federal collaboration and coordination,
develop a long-term plan to support state, Tribal, and local
efforts to operate recovery housing consistent with best
practices, and coordinate fair housing practices and data
collection on the quality of recovery housing. It also requires
a NASEM study on the quality and effectiveness of recovery
housing, including recommendations to promote the availability
of recovery housing. It permits SAMHSA to provide grants to
states, Tribes, and territories for technical assistance to
promote and maintain recovery housing according to best
practices and to develop related state promotion plans. It
authorizes $5 million for recovery housing activities for the
period of FY 2023 through FY 2027.
Division FF, Title I, Subtitle B, Chapter 4, Section 1241-
1247 incorporates H.R. 7235 to reauthorize and renames SAMHSA's
Substance Abuse Prevention and Treatment Block Grant as the
``Substance Use Prevention, Treatment, and Recovery Services
Block Grant,'' to provide states and Tribes with funding to
plan, carry out, and evaluate substance use disorder
prevention, treatment, and recovery support services for
individuals, families, and communities impacted by substance
use disorders. It requires that states' plans describe the
recovery support service activities supported by block grant
funds, including number of individuals served, target
populations, priority needs, and the amount of funds allocated
to recovery support services disaggregated by type of activity.
It requires states' reports to include the amount of funds
provided to each grant recipient the previous fiscal year. It
requires the Secretary to conduct a study to develop a model
needs assessment process for states. It also replaces
``substance abuse'' with ``substance use'' and updates the
statutory language with regard to Tribes and Tribal
organizations.
Division FF, Title I, Subtitle B, Chapter 5, Section 1251
incorporates H.R. 7238 to eliminate the requirement that an
individual have an opioid use disorder for at least one year
before being admitted for treatment by an Opioid Treatment
Program.
Division FF, Title I, Subtitle B, Chapter 5, Section 1252
incorporates H.R. 6279 to change federal opioid treatment
standards to allow an OTP to operate one or more mobile units
to dispense medications at locations other than the
registrant's principal place of business or professional
practice under the same registration (previously, each mobile
unit had to be separately registered).
Division FF, Title I, Subtitle B, Chapter 6, Section 1262
incorporates H.R. 1384 to eliminate the X-Waiver, a requirement
for health care practitioners registered to dispense controlled
substances to apply for a separate waiver through the DEA to
dispense buprenorphine for opioid use disorder maintenance or
detoxification treatment.
Division FF, Title I, Subtitle B, Chapter 6, Section 1263
incorporates H.R. 2067 to require health care providers, as a
condition of receiving or renewing a DEA registration to
prescribe controlled substances, to meet a one-time 8-hour
training requirement on identifying and treating patients with
substance use disorders.
Division FF, Title I, Subtitle B, Chapter 6, Section 1264
incorporates H.R. 5950 to increase the time limit for health
care providers to hold long-acting injectable (LAI)
buprenorphine before administration to a patient, if received
through a specialty pharmacy, from 14 to 45 days.
Division FF, Title I, Subtitle B, Chapter 7, Section 1271
incorporates provisions from H.R. 2355 to require the
development and dissemination of training materials for
pharmacists who may decline to fill a prescription, under
certain circumstances. It allows the CDC to prioritize
jurisdictions with a high burden of drug overdoses or drug
overdose deaths when awarding grants to prevent overdoses of
controlled substances.
Division FF, Title I, Subtitle B, Chapter 7, Section 1272
incorporates H.R. 2364 to require HHS to conduct a public
education campaign about synthetic opioids (including fentanyl
and its analogues), disseminate information about synthetic
opioids to health care providers, and develop a training guide
and webinar for first responders and other individuals at high
risk of exposure to synthetic opioids that details measures to
prevent exposure.
Division FF, Title I, Subtitle B, Chapter 7, Section 1273
incorporates H.R. 2379 to authorize State Opioid Response (SOR)
Grants and Tribal Opioid Response (TOR) Grants.
Division FF, Title I, Subtitle C, Chapter 1, Section 1301
incorporates H.R. 5218 to reauthorize a SAMHSA program to
increase uptake and access to integrated care services. States
receiving funds through the program that partner with primary
care practices may use funds to implement evidence-based or
evidence-informed integrated models of care, including the
psychiatric collaborative care model (CoCM). Depending on the
availability of appropriations, allocates ten percent of such
funds to support primary care practices implementing CoCM.
Division FF, Title I, Subtitle C, Chapter 2, Section 1311
incorporates H.R. 5583 to reauthorize the Behavioral Health
Workforce Education and Training (BHWET) Program, which updates
advanced degree references for occupational therapists, and
emphasizes support for children and adolescents that have
experienced trauma. It also reauthorizes HRSA's Training
Demonstration Program related to graduate fellowship training
opportunities, updates eligibility to include nurses and
counselors, and places emphasis on trauma-informed care and
pediatric populations.
Division FF, Title I, Subtitle C, Chapter 2, Section 1312
incorporates H.R. 7857 to reauthorize SAMHSA's Minority
Fellowship Program supporting individuals pursuing a graduate
degree in various fields of mental health and substance use
disorder counseling.
Division FF, Title I, Subtitle C, Chapter 3, Section 1321
incorporates H.R. 7045 to require self-funded, non-federal
governmental plans to comply with mental health parity
requirements starting six months after the date of enactment or
longer contingent on the terms of the plan agreement.
Division FF, Title I, Subtitle C, Chapter 4, Section 1331
incorporates H.R. 3753 to authorize grants to states to enforce
and ensure compliance with mental health parity requirements.
Division FF, Title I, Subtitle D, Chapter 1, Section 1401-
1402 incorporates a provision from H.R. 7076 to reauthorize
SAMHSA's Infant and Early Childhood Mental Health Grant program
and allows the Secretary of HHS to provide technical assistance
for grantees. It also requires the Secretary of HHS to provide
technical assistance to school-based health centers (SBHC)
through private, nonprofit entities with demonstrated expertise
related to SBHCs. This technical assistance shall support SBHCs
in providing services to improve physical and mental health.
Division FF, Title I, Subtitle D, Chapter 1, Section 1404
incorporates H.R. 2877 to require HHS to develop and submit a
report to congressional committees of jurisdiction that
identifies best practices related to using behavioral and
mental health intervention teams in educational settings.
Division FF, Title I, Subtitle D, Chapter 2, Section 1411-
1412 incorporates H.R. 7248 to reauthorize the Comprehensive
Community Mental Health Services for Children with Serious
Emotional Disturbances Grants and the Enhancement and Expansion
of Treatment and Recovery Services for Adolescents,
Transitional Aged Youth, and their Families (Youth and Family
TREE) Grants.
Division FF, Title I, Subtitle D, Chapter 3, Section 1421-
1424 incorporates H.R. 7255 to reauthorize the Garrett Lee
Smith Memorial Grants including the Suicide Prevention Resource
Center, the State and Tribal Youth Suicide Prevention and Early
Intervention Grants Program, the Mental Health Youth Suicide
Prevention Campus Grants, and the renamed Mental and Behavioral
Health Public Outreach and Education at Institutions of Higher
Education program, newly requiring that representatives from
minority-serving institutions and community colleges be
included within the program's working group.
Division FF, Title I, Subtitle D, Chapter 4, Section 1431
incorporates H.R. 1475 to direct the Secretary of HHS to, as
appropriate, conduct or support research on smartphone and
social media use by adolescents and the effects of such use on
their health and development, including any disparities in
mental health outcomes of rural, minority, or other underserved
populations.
Division FF, Title I, Subtitle D, Chapter 4, Section 1432
incorporates H.R. 2161 to require the National Institutes of
Health (NIH) to fund conduct or support research regarding the
effects of media on infants, children, and adolescents. Such
research must, as appropriate, examine the impacts of
multimedia (e.g., social media, television, video games) on
cognitive, physical, and social development.
Division FF, Title II, Subtitle A, Chapter 2, Section 2113
incorporates H.R. 8163 to reauthorize programs to improve the
provision of trauma care, including in rural areas, by
increasing coordination and situational awareness within
emergency medical and trauma systems and identifying and
disseminating best practices. It directs the Administration for
Strategic Preparedness and Response (ASPR) to support the
improvement and coordination of emergency medical services and
trauma care during a public health emergency, which may include
issuing guidance to support patient movement and triage and
disseminating best practices and related information.
Division FF, Title II, Subtitle B, Chapter 3, Section 2221
incorporates H.R. 3297 to reauthorize the Public Health
Workforce Loan Repayment Program to provide loan repayment to
individuals in exchange for working in a state, Territorial,
Tribal, or local public health department. It also incorporates
H.R. 5602 to establish a Bio-Preparedness Workforce Pilot
Program to provide for loan repayment for health professionals
with expertise in infectious diseases and emergency
preparedness and response activities to ensure an adequate
supply of such professionals. It also requires GAO to conduct
an evaluation of the public health workforce in the U.S. during
the COVID-19 pandemic.
Division FF, Title II, Subtitle B, Chapter 3, Section 2222
incorporates H.R. 8151 to reauthorize a community health worker
program to promote healthy behaviors and outcomes in medically
underserved communities through the use of community health
workers. It directs funds to be used to recruit, hire, train,
and retain community health workers; support community health
workers in providing education and outreach in their
communities; and to educate community members. It also requires
GAO to submit a report to Congress on the outcomes and
effectiveness of the program, as well as coordination with
programs operated by HRSA.
Division FF, Title II, Subtitle B, Chapter 3, Section 2224
incorporates H.R. 3320 to provide authority to HRSA to increase
educational opportunities in physical therapy, occupational
therapy, respiratory therapy, audiology, and speech-language
pathology professions, for individuals from disadvantaged
backgrounds or individuals who are underrepresented in such
professions.
Division FF, Title II, Subtitle B, Chapter 3, Section 2227
incorporates H.R. 7383 to reauthorize awards to community
health centers and rural health clinics for accredited
continuing medical education for their primary care providers.
It supports access to specialty care through existing service
delivery locations and allows for clinical training components
between primary care providers and clinical specialists.
Division FF, Title II, Subtitle C, Chapter 3, Section 2321
incorporates H.R. 5478 to require certain researchers to
disclose participation in foreign talent programs.
Division FF, Title II, Subtitle C, Chapter 3, Section 2322
incorporates H.R. 5515 to develop and implement an HHS research
security framework for research involving identifiable,
sensitive information.
Division FF, Title II, Subtitle C, Chapter 3, Section 2323
incorporates H.R. 5626 to add additional duties for the
Director of NIH related to research security.
Division FF, Title II, Subtitle C, Chapter 3, Section 2324
incorporates H.R. 6305 to require the HHS Secretary to consult
with the National Security Advisor, the Director of National
Intelligence, the Director of the FBI, and the heads of other
relevant agencies, research institutions and advocacy groups,
to identify ways to improve the protection of intellectual
property and other types of sensitive information in biomedical
research.
Division FF, Title II, Subtitle C, Chapter 3, Section 2325
incorporates H.R. 6363 to authorize a GAO assessment of the
extent to which HHS funds are used for human genomic sequencing
services or genetic services provided by entities, or
subsidiaries of such entities, organized under the laws of a
country or countries of concern, as determined by the Director
of National Intelligence or the head of another Federal
departments and agencies.
Division FF, Title II, Subtitle C, Chapter 3, Section 2326
incorporates H.R. 5442 to require an annual HHS report to
Congress on actions taken to address cases of research
misconduct related to foreign influence.
Division FF, Title II, Subtitle C, Chapter 4, Section 2331
incorporates H.R. 5585 to establish the Advanced Research
Projects Agency for Health (ARPA-H) within NIH to accelerate
innovation in health and medicine by investing in novel,
broadly applicable, high-risk, high-reward research projects.
This section requires the President to appoint the Director of
ARPA-H, who shall report to the Secretary of HHS. The provision
provides a number of authorities and flexibilities related to
personnel, hiring, funding mechanisms, facilities, peer review,
annual reporting, and evaluations, among other components.
Division FF, Title II, Subtitle D, Sections 2402-2407
incorporates provisions from H.R. 3635 to amend the Strategic
National Stockpile (SNS) Annual Threat-Based Review to include
an assessment of the supply chains and any vulnerabilities for
products that SNS plans to purchase during the period covered
by the Review. It also clarifies that, as part of the
procedures of the SNS, the Secretary should ensure that items
in the stockpile are in working condition so they can be
readily deployed when needed. It requires the Secretary to
issue guidance on how states, territories, and Tribes can
access the SNS and other countermeasures, and factors the
Secretary considers when making decisions related to product
distribution. It requires the Secretary to convene annual
meetings with public health officials, the private sector, and
other stakeholders to share information around the maintenance
and use of the SNS and future procurement plans. It authorizes
the Secretary to enter into contracts to enhance surge capacity
and supply chain flexibility for supplies intended for the SNS
through vendor-managed inventory and warm-base domestic
manufacturing capacity arrangements. It requires a report to
Congress on the use of these authorities. It authorizes the
Secretary to sell excess products from the SNS to other
entities when the cost of maintaining these products in the SNS
is not appropriate to meet the needs of the SNS and the
transfer of these products does not compromise national
security. It authorizes a pilot program to establish, expand,
or maintain state strategic stockpiles of appropriate drugs,
vaccines, medical devices, and other medical supplies. It
requires a report to Congress after two years on the use of
this authority and requires the Secretary to report regularly
to Congress on SNS content deployment and replenishment plans
during a public health emergency.
Division FF, Title III, Subtitle A, Section 3101
incorporates H.R. 7658 to reauthorize the Critical Path Public-
Private Partnership.
Division FF, Title III, Subtitle A, Section 3107
incorporates H.R. 7640 to reauthorize orphan drug grants
through 2027.
Division FF, Title III, Subtitle B, Chapter 1, Section 3201
incorporates H.R. 7035 to align certain reporting requirements
for biologics with the reporting requirements for drugs by
requiring holders of approved biologics license applications to
report to the Food and Drug Administration (FDA) when
withdrawing a product from the market and requiring holders of
approved biologics license applications to submit a one-time
report to confirm that their products listed in the Purple Book
are still available for sale. It also requires FDA to update
the Purple Book for changes related to the status of biologics.
Division FF, Title III, Subtitle B, Chapter 1, Section 3202
incorporates provisions from H.R. 6888 to require FDA to submit
a report summarizing its activities relating to designating,
approving, and licensing drugs used to treat rare diseases no
later than September 30, 2026. It requires FDA to finalize the
draft guidance document entitled ``Rare Diseases: Common Issues
in Drug Development.'' It also requires the Secretary to enter
into a contract with the National Academies of Sciences,
Engineering, and Medicine to study processes for evaluating the
safety and efficacy of drugs for rare diseases in the United
States and the European Union. The section also requires FDA to
convene one or more public meetings to solicit input from
stakeholders regarding approaches to improving engagement with
rare disease condition patients, patient groups, and experts.
It also adds the science of small population studies as a topic
for consultation with external experts on issues related to the
review of drugs for rare diseases. Finally, it requires the GAO
to conduct a study on FDA's activities regarding the review of
drugs for rare diseases.
Division FF, Title III, Subtitle B, Chapter 1, Section 3203
incorporates H.R. 6988 to authorize the Emerging Technology
Program at FDA, a collaborative program wherein industry
representatives, academics, and others can meet with FDA
officials to support the adoption and improve the development
of innovative approaches to drug design and manufacturing. It
requires FDA to issue guidance regarding requirements related
to such approaches and report to Congress regarding allocation
of funds and staff utilization in this program.
Division FF, Title III, Subtitle B, Chapter 1, Section 3204
incorporates H.R. 4369 to authorize FDA to award grants to
institutions of higher education designated as a National
Center of Excellence in Advanced and Continuous Pharmaceutical
Manufacturing to support the advancement and development of
continuous and advanced pharmaceutical manufacturing
technologies and practices.
Division FF, Title III, Subtitle B, Chapter 1, Section 3209
incorporates H.R. 2565 to clarify that drug application
sponsors can use alternative testing methods to animal testing
in evaluating the safety and effectiveness of human drugs. It
clarifies that sponsors of biosimilar applications can
demonstrate biosimilarity to a reference product using
alternative testing methods to animal studies.
Division FF, Title III, Subtitle B, Chapter 1, Section 3210
incorporates provisions from H.R. 6963 to require FDA to
specify conditions for required postapproval studies for drugs
approved under accelerated approval, which may include
enrollment targets and milestones, including the target date
for study completion, by the time the drug is approved. It
authorizes FDA to require postapproval studies to be underway
at the time of approval or within a specified time period
following approval for such drugs, and requires FDA to explain
any instances where it does not require such studies. The
section clarifies that existing authority to withdraw approvals
where sponsors fail to conduct studies with due diligence
applies with respect to the approval conditions and streamlines
the procedures for withdrawal of approval. To withdraw an
accelerated approval, it requires FDA to provide an explanation
for the withdrawal, an opportunity for written appeal, a
meeting with the Commissioner or their designee, responses to
public comment, and, upon request, an advisory committee
meeting if there was not previously one on the withdrawal. It
also requires more frequent reports on postapproval study
progress and lists failure to file reports and conduct
accelerated approval postapproval studies with due diligence as
a prohibited act. The section also requires FDA to report to
Congress on the use of real world evidence to support
postapproval studies and issue guidance on novel surrogate
endpoints and clinical trial designs. Finally, it requires the
Secretary to establish an intra-agency coordinating council
within FDA to ensure the consistent and appropriate use of the
accelerated approval pathway.
Division FF, Title III, Subtitle B, Chapter 1, Section 3213
incorporates provisions from H.R. 3927 to require FDA to
initiate a program for designating methods of manufacturing as
advanced manufacturing technologies. A method of manufacturing
is eligible for designation if such method both: incorporates a
novel technology or uses an established technology in a novel
way and will substantially improve the manufacturing process
and maintain equivalent or superior drug quality. Designated
technologies qualify for expedited application development and
review and allow the holder of such designation, or a person
authorized by the designation holder, to reference or rely
upon, in a drug or biologic application, data and information
about the designated technology for use in manufacturing drugs
in the same context of use for which FDA granted the
designation. It requires FDA to hold a public meeting, issue
guidance, and report to Congress regarding this program, which
sunsets on October 1, 2032.
Division FF, Title III, Subtitle B, Chapter 2, Section 3224
incorporates H.R. 6973 to provide that a generic drug is
eligible for approval notwithstanding differences between its
proposed labeling and that of the listed drug due to revisions
made to the labeling of the listed drug approved by FDA within
90 days of when the generic application is otherwise eligible
for approval. It preserves the provisions requiring that the
revisions not be to the ``Warnings'' section of the labeling.
The generic sponsor must submit revised labeling within 60 days
of approval, and otherwise meet applicable requirements for
approval.
Division FF, Title III, Subtitle C, Section 3302
incorporates provisions from H.R. 7192 to require the Medical
Devices Advisory Committee to meet at least once a year through
2027 to provide FDA advice on topics related to medical devices
in pandemic preparedness and response, including issues related
to in vitro diagnostics.
Division FF, Title III, Subtitle F, Chapter 1, Section
3601-3604 incorporates provisions from H.R. 6584 to require
sponsors of phase 3 and other pivotal studies of new drugs and
sponsors of studies of devices to develop and implement a
diversity action plan, subject to certain exceptions. Such plan
must include the sponsor's goals for enrollment in the clinical
studies, the sponsor's rationale for such goals, and an
explanation for how the sponsor intends to meet such goals. It
requires FDA to issue new guidance or update existing guidance
specifying the form and content of diversity action plans
regarding the sponsor's goals for enrollment, disaggregated
into certain demographic categories, including regarding the
rationale for such goals, and how they will be met. It requires
FDA, in consultation with drug sponsors, medical device
manufacturers, patients, and other stakeholders, not later than
one year after enactment, to convene one or more public
workshops to solicit input from stakeholders on increasing the
enrollment of historically underrepresented populations in
clinical studies. It requires FDA, not later than two years
after enactment, and annually thereafter, to submit to
Congress, and publish on the public website of FDA, a report
that summarizes information related to the diversity action
plans received pursuant to Section 505(z) or 520(g)(9) of the
Food, Drug, and Cosmetic Act. The section notes that nothing in
this section shall be construed to authorize FDA to disclose
any information that is a trade secret or confidential.
Division FF, Title III, Subtitle F, Chapter 1, Section 3606
incorporates provisions from H.R. 5030 and H.R. 6000 to require
FDA, not later than one year after enactment, to issue draft
guidance that addresses considerations for decentralized
clinical studies, including regarding the engagement,
enrollment, and retention of a meaningfully diverse clinical
population with respect to race, ethnicity, age, sex, and
geographic location, when appropriate. FDA is required to
finalize this guidance no later than one year after the public
comment for the draft guidance ends.
Division FF, Title III, Subtitle F, Chapter 2, Section 3615
incorporates provisions from H.R. 6980 to require FDA to
conduct a pilot program in which FDA increases the conduct of
unannounced surveillance inspections of foreign drug
establishments, evaluates the differences between such
inspections of domestic and foreign establishments, including
the impact of announcing inspections, and post a report of its
findings and recommendations on the FDA website.
Division FF, Title III, Subtitle F, Chapter 2, Section
3616-3617 incorporates provisions from H.R. 3927 to advance
intra-agency coordination between field investigators and drug
shortage staff at FDA. It requires FDA to include additional
information in an annual report with respect to FDA domestic
and foreign inspections and FDA recognition of foreign
government inspections. It also requires FDA to include
additional information in an annual report with respect to the
timing of inspections and regulatory and enforcement actions.
The section harmonizes the timing of the FDA annual reporting
requirement on inspections under Section 902 of the Food and
Drug Administration Reauthorization Act to align with reporting
requirements related to the PDUFA user fee program. It amends
the information FDA must annually report regarding inspections
on its website pursuant to section 902 of the FDA
Reauthorization Act of 2017 (FDARA), including by adding to
this information the time between a request from FDA and the
beginning of an inspection for certain generic drugs, drugs
subject to discontinuance reporting, and drugs on the shortage
list.
Division FF, Title III, Subtitle F, Chapter 3, Section 3629
drew from H.R. 4511 to require FDA to issue or revise guidance
on the use of real-world data and real-world evidence to
support regulatory decision making, including with respect to
real-world data and real-world evidence from products
authorized for emergency use.
Division FF, Title III, Subtitle F, Chapter 3, Section 3630
incorporated H.R. 9297 to provide that no drug or medical
device shall be considered misbranded as a result of the
provision of information regarding investigational drugs or
medical devices or uses to payors, formulary committees, or
other similar entities under specified conditions. It requires
the information to include a clear statement that the drug or
medical device has not been approved and that the safety and
efficacy of the drug or medical device has not been
established. Additional required disclosures include
information about studies the drug or medical device is
undergoing, how the studies relate to the overall plan for the
development of the drug or medical device, whether an
application for the drug or medical device has been submitted
to FDA, and if not, when such submission is planned.
Division FF, Title IV, Subtitle A, Section 4103
incorporates H.R. 2454 to extends a number of add-on payments
for ground ambulance services under the Medicare fee schedule
through December 31, 2024.
Division FF, Title IV, Subtitle B, Section 4113
incorporates H.R. 4040 to extend all of the Medicare telehealth
flexibilities that were extended in the Consolidated
Appropriations Act, 2022, through December 31, 2024.
Division FF, Title IV, Subtitle C, Section 4121
incorporates H.R. 432 to establish Medicare coverage for
services provided by marriage and family therapists and
licensed professional counselors beginning on January 1, 2024.
Division FF, Title IV, Subtitle C, Section 4124
incorporates H.R. 8878 to revise Medicare's partial
hospitalization benefit beginning on January 1, 2024 to provide
coverage of intensive outpatient services.
Division FF, Title IV, Subtitle C, Section 4125
incorporates H.R. 8879 to direct HHS to begin collecting (no
later than October 1, 2023) data and other information
necessary to revise the existing Medicare prospective payment
system (PPS) for inpatient psychiatric hospitals and
psychiatric units (IPFs). The HHS Secretary is required to
update the methodology for determining payment rates under the
IPF PPS beginning in rate year 2025.
Division FF, Title IV, Subtitle C, Section 4126
incorporates H.R. 8890 to add a new exception to the Stark Law
to allow for hospitals and other entities to provide evidence-
based programs for physicians to improve their mental health,
increase resiliency, and prevent suicide among physicians.
Division FF, Title IV, Subtitle D, Section 4133
incorporates H.R. 3630 to provide Medicare Part B coverage for
compression garments for the treatment of lymphedema, beginning
on January 1, 2024.
Division FF, Title IV, Subtitle D, Section 4135
incorporates H.R. 3259 to provide a separate Medicare payment,
from 2025 through 2027, for non-opioid treatments that are
currently packaged into the payment for surgeries under
Medicare's Outpatient Prospective Payment System (OPPS). The
section also caps the separate payment at 18 percent of the
estimated average OPPS payment amount for the surgeries and
other services for which the non-opioid is used in conjunction
with.
Division FF, Title IV, Subtitle D, Section 4136
incorporates H.R. 2356 to adjust payment for disposable
negative pressure wound therapy devices by using the supply
price to determine the relative value for the service.
Division FF, Title IV, Subtitle D, Section 4143
incorporates H.R. 4407 to eliminate the annual cap on total
payments and excludes any resulting increase from factoring
into calculations for nursing and allied health education
payments for such hospitals for 2010 through 2019.
Division FF, Title V, Subtitle A, Section 5101 incorporates
H.R. 4406 to extend Puerto Rico's higher federal medical
assistance percentage (FMAP) of 76 percent through FY 2027 and
permanently extends a higher FMAP of 83 percent for American
Samoa, the Commonwealth of the Northern Mariana Islands, Guam,
and the U.S. Virgin Islands. In addition, this section
increases Puerto Rico's federal Medicaid allotments for the
next five fiscal years. The section also makes programmatic
improvements to the territories' Medicaid programs, including
requiring increased provider payment rates and improving
contracting practices for Puerto Rico and providing funding for
data system improvements for American Samoa, the Commonwealth
of the Northern Mariana Islands, Guam, and the U.S. Virgin
Islands.
Division FF, Title V, Subtitle B, Section 5111 incorporates
H.R. 1791 to extend funding for the Children's Health Insurance
Program (CHIP) for two years through FY 2029.
Division FF, Title V, Subtitle B, Section 5112 incorporates
H.R. 1738 to require children to be provided with 12 months of
continuous coverage in Medicaid and CHIP effective the first
full quarter that is one year after the date of enactment.
Division FF, Title V, Subtitle B, Section 5113 incorporates
H.R. 3345 to make permanent a state option to allow states to
continue to provide 12 months of continuous coverage during the
postpartum period in Medicaid or CHIP.
Division FF, Title V, Subtitle B, Section 5114 incorporates
H.R. 1880 to extend funding for the Medicaid Money Follows the
Person Rebalancing Demonstration program at $450 million per
year through FY 2027.
Division FF, Title V, Subtitle B, Section 5115 incorporates
H.R. 1717 to extend protections against spousal impoverishment
for Medicaid recipients of home- and community-based services
through FY 2027.
Division FF, Title V, Subtitle C, Section 5121 incorporates
H.R. 7233 to require states to provide justice-involved youth
who are eligible for Medicaid or CHIP with screening,
diagnostic, and case management services in the 30-day period
prior to their release from incarceration in a post-
adjudication setting. In addition, this section requires, for
at least 30 days following release, such youth to be provided
with targeted case management services, including referrals to
appropriate care and services.
Division FF, Title V, Subtitle C, Section 5122 incorporates
H.R. 6636 to allow states to receive federal matching funds
through Medicaid and CHIP for health care services provided to
justice-involved youth who are incarcerated in public
institutions pending disposition of their charges. These
provision takes effect the first full quarter that is two years
after the date of enactment.
Legislative History
On April 16, 2021, H.R. 2617 was introduced by
Representatives Connolly (VA-11) and Hice (GA-10) and was
referred to the Committee on Oversight and Reform.
On May 25, 2021, the Committee on Oversight and Reform held
a markup of the bill and ordered H.R. 2617 reported favorably
to the House, amended, by a voice vote.
On July 26, 2021, the House considered H.R. 2617 under
suspension of the rules. On July 26, 2021, the Chair announced
that further proceedings on the motion to suspend the rules and
pass H.R. 2617 would be postponed.
On September 28, 2021, H.R. 2617 was considered in the
House as unfinished business. That same day, H.R. 2617 passed
the House under suspension of the rules, as amended, by a
record vote of 414 yeas to 10 nays (Roll no. 304).
On September 29, 2021, H.R. 2617 was received in the
Senate, read twice, and referred to the Committee on Homeland
Security and Governmental Affairs.
On November 3, 2021, the Committee on Homeland Security and
Governmental Affairs ordered H.R. 2617 to be reported
favorably, without amendment.
On September 27, 2022, the Committee on Homeland Security
and Governmental Affairs ordered H.R. 2617 to the Senate with
amendments (report No. 117-164).
On November 15, 2022, H.R. 2617 passed the Senate with
amendments by unanimous consent.
On December 14, 2022, the House agreed to Senate amendments
numbered 1, 2, 3, and 5, and the House agreed to Senate
amendment numbered 4 with an amendment pursuant to H. Res.
1518. On December 15, 2022, the message on the House amendment
to Senate amendment 4 was received in the Senate. On December
20, 2022, the motion to proceed to consideration of the House
message to accompany H.R. 2617 was agreed by a record vote of
70 yeas to 25 nays (Record Vote Number: 403).
On December 22, 2022, the Senate concurred in the House
amendment to Senate amendment to H.R. 2617 with an amendment by
a record vote of 68 yeas to 29 nays (Record Vote Number: 421).
On December 23, 2022, the House agreed to the Senate
amendment to the House amendment to the Senate amendment by
record vote of 225 yeas to 201 nays, 1 Present (Roll no. 549).
On December 28, 2022, H.R. 2617 was presented to the
President and signed by the President on December 29, 2022.
Several provisions in H.R. 2617 previously passed in H.R.
1319, the ``American Rescue Plan Act Of 2021,'' H.R. 7666, the
``Restoring Hope For Mental Health And Well-Being Act Of
2022,'' and H.R. 7667, the ``Food And Drug Amendments Of
2022.''
On May 18, 2021, H.R. 3297 was introduced by
Representatives Crow (CO-06), Burgess (TX-26), Eshoo (CA-18),
and Guthrie (KY-2) and referred to the Committee on Energy and
Commerce and the Committee on Ways and Means. Subsequently, on
May 19, 2021, the bill was referred to the Subcommittee on
Health.
On November 4, 2021, the Subcommittee on Health held a
hybrid markup on H.R. 3297 and eight other bills. During
consideration of the bill, an amendment in the nature of a
substitute (AINS) offered by Representative Eshoo was agreed to
by a voice vote. Upon conclusion of consideration of the bill,
the Subcommittee on Health agreed to report the bill favorably
to the full Committee, amended, by a voice vote.
No further action was taken on H.R. 3297 in the 117th
Congress.
On May 18, 2021, H.R. 3320 was introduced, by
Representatives Rush (IL-01) and Mullin (OK-02) and referred to
Committee on Energy and Commerce. Subsequently, on May 19,
2021, the bill was referred to the Subcommittee on Health. The
Subcommittee held a legislative hearing on the bill on October
26, 2021. The Subcommittee received testimony from Corey Feist,
Founder, Dr. Lorna Breen Foundation; Lisa Macon Harrison,
M.P.H., President, National Association of County and City
Health Officials (NACCHO); Brooks A. Keel, Ph.D., President,
Augusta University; Alan Levine, Executive Chairman, President,
and CEO, Ballad Health; Jeanne Marrazzo, M.D., Board Member,
Infectious Disease Society of America, Infectious Disease
Division Chief, University of Alabama at Birmingham; Stephanie
Monroe, J.D., Director of Equity and Access,
UsAgainstAlzheimer's, Executive Director,
AfricanAmericansAgainstAlzheimer's; and Victoria Garcia
Wilburn, D.H.Sc., O.T.R., F.A.O.T.A., Assistant Professor in
Occupational Therapy, IUPUI School of Health & Human Sciences.
On November 4, 2021, the Subcommittee on Health met in open
markup session, pursuant to notice, to consider H.R. 3320 and
eight other bills. During consideration of the bill, an
amendment in the nature of a substitute (AINS) offered by
Representative Matsui was agreed to by a voice vote. Upon
conclusion of consideration of the bill, the Subcommittee on
Health agreed to report the bill favorably to the full
Committee, amended, by a voice vote.
On November 17, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 3320 and 11 other
bills. No amendments were offered during consideration of the
bill. Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 3320 reported favorably to the House, as amended, by a
voice vote.
On December 8, 2021, the Committee on Energy and Commerce
reported H.R. 3320 to the House (H. Rept. 117-214).
No further action was taken on H.R. 3320 in the 117th
Congress.
On July 28, 2021, H.R. 3630 was introduced, by
Representative Schakowsky (IL-09) and was referred to the
Committee on Energy and Commerce and the Committee on Ways and
Means. Subsequently, on June 22, 2022, the bill was referred to
the Subcommittee on Health.
On July 12, 2022, the Subcommittee on Health discharged
consideration of the bill. On July 13, 2022, the full Committee
met in open markup session, pursuant to notice, to consider
H.R. 3630 and four other bills. During consideration of the
bill, an amendment in the nature of a substitute (AINS),
offered by Representative Schakowsky, was agreed to by a voice
vote. Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 3630 reported favorably to the House, amended, by a voice
vote.
On July 22, 2022, the Committee on Energy and Commerce
reported H.R. 3630 to the House (H. Rept. 117-430, Part I), and
the Committee on Ways and Means discharged further
consideration of the bill. On November 14, 2022, H.R. 3630 was
considered in the House under suspension of the rules. On
November 17, 2022, H.R. 3630 passed the House under suspension
of the rules by a record vote of 402 yeas to 13 nays (Roll no.
485).
On November 17, 2022, H.R. 3630 was received in the Senate,
read twice, and referred to the Committee on Finance.
No further action was taken on H.R. 3630 in the 117th
Congress.
On May 28, 2021, H.R. 3635 was introduced by Representative
Slotkin (MI-08) and 15 original bipartisan cosponsors and
referred to the Committee on Energy and Commerce. Subsequently,
on May 31, 2021, the bill was referred to the Subcommittee on
Health.
On October 19, 2021, H.R. 3635 was considered in the House
under suspension of the rules. On October 20, 2021, H.R. 3635
passed the House under suspension of the rules by a record vote
of 397 yeas to 22 nays (Roll no. 322).
On October 21, 2021, H.R. 3635 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 3635 in the 117th
Congress.
On June 22, 2021, H.R. 4040 was introduced by
Representatives Cheney (WY-AL) and Dingell (MI-12) and referred
to the Committee on Energy and Commerce and the Committee on
Ways and Means. Subsequently, on June 23, 2021, the bill was
referred to the Subcommittee on Health.
On July 27, 2022, H.R. 4040 was considered in the House
under suspension of the rules. That same day, H.R. 4040 passed
the House under suspension of the rules by a record vote of 416
yeas to 12 nays (Roll no. 400).
On July 28, 2022, H.R. 4040 was received in the Senate,
read twice, and referred to the Committee on Finance.
No further action was taken on H.R. 4040 in the 117th
Congress.
On July 6, 2021, H.R. 4369 was introduced by
Representatives Pallone (NJ-06) and Representative Guthrie (KY-
02) and was referred to the Committee on Energy and Commerce.
Subsequently, on July 7, 2021, H.R. 4369 was referred to the
Subcommittee on Health.
On July 15, 2021, the Subcommittee on Health met in a
hybrid open markup session, pursuant to notice, to consider
H.R. 4369. During consideration of the bill, an amendment in
the nature of a substitute (AINS) offered by Chairman Pallone
was agreed to by a voice vote. Upon conclusion of consideration
of the bill, the Subcommittee ordered H.R. 4369 reported
favorably to the full Committee, amended, by a voice vote.
On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4369 and 23 other
bills. During consideration of the bill, an amendment offered
by Chairman Pallone was agreed to by a voice vote. Upon
conclusion of consideration of the bill, the full Committee
agreed to a motion on final passage offered by Chairman Pallone
to order H.R. 4369 reported favorably to the House, amended, by
a voice vote.
On October 19, 2021, the Committee on Energy and Commerce
reported H.R. 4369 to the House (H. Rept. 117-151). That same
day, H.R. 4369 was considered in the House under suspension of
the rules and passed the House under suspension of the rules by
a record vote of 368 yeas to 56 nays (Roll no. 318).
On October 20, 2021, H.R. 4369 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 4369 in the 117th
Congress.
On July 13, 2021, H.R. 4406 was introduced by
Representative Soto (FL-09) and six original bipartisan
cosponsors and was referred to the Committee on Energy and
Commerce. Subsequently, on July 14, 2021, H.R. 4406 was
referred to the Subcommittee on Health.
On July 15, 2021, the Subcommittee on Health met in a
hybrid open markup session, pursuant to notice, to consider
H.R. 4406. No amendments were offered during consideration of
the bill. Upon conclusion of consideration of the bill, the
Subcommittee ordered H.R. 4406 reported favorably to the full
Committee, without amendment, by a voice vote.
On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4406 and 23 other
bills. During consideration of the bill, an amendment offered
by Representative Soto was agreed to by a voice vote. Upon
conclusion of consideration of the bill, the full Committee
agreed to a motion on final passage offered by Chairman Pallone
to order H.R. 4406 reported favorably to the House, amended, by
a voice vote.
No further action was taken on H.R. 4406 in the 117th
Congress.
On September 30, 2021, H.R. 5442 was introduced by
Representative Curtis (UT-03) and was referred to the Committee
on Energy and Commerce. Subsequently, on October 1, 2021, H.R.
5442 was referred to the Subcommittee on Health. The
Subcommittee on Health held a legislative hearing on June 29,
2022, on the bill. The Subcommittee received testimony from
Kirsten Bibbins-Domingo, Ph.D., M.D., M.A.S., Professor of
Epidemiology and Biostatistics and the Lee Goldman, M.D.
Professor of Medicine, University of California, San Francisco;
Kevin Croston, M.D., CEO, North Memorial Health; Tanika Gray
Valbrun, Founder and President, The White Dress Project;
Michael D. Shannon, Executive/President of Government
Solutions, IPTalons, Inc.; Desiree Sweeney, CEO, NEW Health;
and Leslie R. Walker-Harding, M.D., F.A.A.P., F.S.A.H.M., Ford/
Morgan Endowed Professor Chair Department of Pediatrics/
Associate Dean, University of Washington; Chief Academic
Officer/Senior Vice President, Seattle Children's Hospital.
No further action was taken on H.R. 5442 in the 117th
Congress.
On October 5, 2021, H.R. 5478 was introduced by
Representative Bilirakis (FL-12) and was referred to the
Committee on Energy and Commerce. Subsequently, on October 6,
2021, H.R. 5478 was referred to the Subcommittee on Health. The
Subcommittee on Health held a legislative hearing on June 29,
2022, on the bill. The Subcommittee received testimony from
Kirsten Bibbins-Domingo, Ph.D., M.D., M.A.S., Professor of
Epidemiology and Biostatistics and the Lee Goldman, M.D.
Professor of Medicine, University of California, San Francisco;
Kevin Croston, M.D., CEO, North Memorial Health; Tanika Gray
Valbrun, Founder and President, The White Dress Project;
Michael D. Shannon, Executive/President of Government
Solutions, IPTalons, Inc.; Desiree Sweeney, CEO, NEW Health;
and Leslie R. Walker-Harding, M.D., F.A.A.P., F.S.A.H.M., Ford/
Morgan Endowed Professor Chair Department of Pediatrics/
Associate Dean, University of Washington; Chief Academic
Officer/Senior Vice President, Seattle Children's Hospital.
No further action was taken on H.R. 5478 in the 117th
Congress.
On October 15, 2021, H.R. 5585 was introduced by
Representative Eshoo and was referred to the Committee on
Energy and Commerce. Subsequently, on October 18, 2021, the
bill was referred to the Subcommittee on Health.
On May 11, 2022, the Subcommittee on Health met in open
markup session, pursuant to notice, to consider H.R. 5585 and
five other bills. During consideration of the bill, no
amendments were offered. Upon conclusion of consideration of
the bill, the Subcommittee on Health agreed to report the bill
favorably to the full Committee, without amendment, by a voice
vote.
On May 18, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 5585 and five
other bills. An amendment in the nature of a substitute (AINS),
offered by Representative Eshoo, was agreed to by a voice vote.
Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 5585 reported favorably to the House, amended, by a roll
call vote of 53 yeas to 3 nays.
On June 13, 2022, the Committee on Energy and Commerce
reported H.R. 5585 to the House (H. Rept. 117-365). On June 22,
2022, H.R. 5585 was considered in the House under suspension of
the rules. During consideration of the bill, an amendment was
agreed to by a record vote of 381 yeas to 40 nays (Roll no.
287). That same day, H.R. 5855 passed the House, amended, by a
record vote of 336 yeas to 85 nays (Roll no. 288).
On June 23, 2022, H.R. 5855 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 5585 in the 117th
Congress.
On October 15, 2021, H.R. 5594 was introduced by
Representative Joyce (PA-13) and referred to Committee on
Energy and Commerce. Subsequently, on October 18, 2021, the
bill was referred to the Subcommittee on Health. The
Subcommittee held a legislative hearing on the bill on October
26, 2021. The Subcommittee received testimony from Corey Feist,
Founder, Dr. Lorna Breen Foundation; Lisa Macon Harrison,
M.P.H., President, National Association of County and City
Health Officials (NACCHO); Brooks A. Keel, Ph.D., President,
Augusta University; Alan Levine, Executive Chairman, President,
and CEO, Ballad Health; Jeanne Marrazzo, M.D., Board Member,
Infectious Disease Society of America, Infectious Disease
Division Chief, University of Alabama at Birmingham; Stephanie
Monroe, J.D., Director of Equity and Access,
UsAgainstAlzheimer's, Executive Director,
AfricanAmericansAgainstAlzheimer's; and Victoria Garcia
Wilburn, D.H.Sc., O.T.R., F.A.O.T.A., Assistant Professor in
Occupational Therapy, IUPUI School of Health & Human Sciences.
No further action was taken on H.R. 5594 in the 117th
Congress.
On December 16, 2021, H.R. 6305 was introduced by
Representative Hudson and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the
Subcommittee on Health on December 17, 2021.
The Subcommittee on Health held a legislative hearing on
June 29, 2022, on the bill. The Subcommittee received testimony
from Kirsten Bibbins-Domingo, Ph.D., M.D., M.A.S., Professor of
Epidemiology and Biostatistics and the Lee Goldman, M.D.
Professor of Medicine, University of California, San Francisco;
Kevin Croston, M.D., CEO, North Memorial Health; Tanika Gray
Valbrun, Founder and President, The White Dress Project;
Michael D. Shannon, Executive/President of Government
Solutions, IPTalons, Inc.; Desiree Sweeney, CEO, NEW Health;
and Leslie R. Walker-Harding, M.D., F.A.A.P., F.S.A.H.M., Ford/
Morgan Endowed Professor Chair Department of Pediatrics/
Associate Dean, University of Washington; Chief Academic
Officer/Senior Vice President, Seattle Children's Hospital.
No further action was taken on H.R. 6305 in the 117th
Congress.
On June 21, 2022, H.R. 8151 was introduced by
Representative Ruiz and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the
Subcommittee on Health on June 22, 2022.
The Subcommittee on Health held a legislative hearing on
June 29, 2022, on the bill. The Subcommittee received testimony
from Kirsten Bibbins-Domingo, Ph.D., M.D., M.A.S., Professor of
Epidemiology and Biostatistics and the Lee Goldman, M.D.
Professor of Medicine, University of California, San Francisco;
Kevin Croston, M.D., CEO, North Memorial Health; Tanika Gray
Valbrun, Founder and President, The White Dress Project;
Michael D. Shannon, Executive/President of Government
Solutions, IPTalons, Inc.; Desiree Sweeney, CEO, NEW Health;
and Leslie R. Walker-Harding, M.D., F.A.A.P., F.S.A.H.M., Ford/
Morgan Endowed Professor Chair Department of Pediatrics/
Associate Dean, University of Washington; Chief Academic
Officer/Senior Vice President, Seattle Children's Hospital.
No further action was taken on H.R. 8151 in the 117th
Congress.
On June 21, 2022, H.R. 8163 was introduced by
Representative O'Halleran and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on June 22, 2022.
The Subcommittee on Health held a legislative hearing on
June 29, 2022, on the bill. The Subcommittee received testimony
from Kirsten Bibbins-Domingo, Ph.D., M.D., M.A.S., Professor of
Epidemiology and Biostatistics and the Lee Goldman, M.D.
Professor of Medicine, University of California, San Francisco;
Kevin Croston, M.D., CEO, North Memorial Health; Tanika Gray
Valbrun, Founder and President, The White Dress Project;
Michael D. Shannon, Executive/President of Government
Solutions, IPTalons, Inc.; Desiree Sweeney, CEO, NEW Health;
and Leslie R. Walker-Harding, M.D., F.A.A.P., F.S.A.H.M., Ford/
Morgan Endowed Professor Chair Department of Pediatrics/
Associate Dean, University of Washington; Chief Academic
Officer/Senior Vice President, Seattle Children's Hospital.
On September 14, 2022, the Subcommittee on Health met in
open markup session, pursuant to notice, to consider H.R. 8163
and four other bills. During consideration of the bill, an
amendment in the nature of a substitute (AINS), offered by
Representative Eshoo, was agreed to by a voice vote. Upon
conclusion of consideration of the bill, the Subcommittee on
Health agreed to report the bill favorably to the full
Committee, amended, by a voice vote.
On September 21, 2022, the full Committee met in open
markup session, pursuant to notice, to consider H.R. 8163 and
23 other bills. During consideration of the bill, an amendment
in the nature of a substitute (AINS), offered by Representative
O'Halleran, was agreed to by a voice vote. Upon conclusion of
consideration of the bill, the full Committee agreed to a
motion on final passage offered by Representative Pallone,
Chairman of the Committee, to order H.R. 8163 reported
favorably to the House, amended, by a roll call vote of 55 yeas
and 1 nay.
On September 28, 2022, the Committee on Energy and Commerce
reported H.R. 8163 to the House (H. Rept. 117-514), and the
bill was placed on the Union Calendar (Calendar No. 385).
On September 29, 2022, H.R. 8163 was considered and passed
in the House, as amended, under suspension of the rules.
On October 11, 2022, H.R. 8163 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 8163 in the 117th
Congress.
Restoring Hope for Mental Health and Well Being Act of 2022
H.R. 7666 (H.R. 201, H.R. 721, H.R. 768, H.R. 1384, H.R. 1475, H.R.
1480, H.R. 2067, H.R. 2161, H.R. 2355, H.R. 2364, H.R. 2376, H.R. 2379,
H.R. 2877, H.R. 2929, H.R. 2981, H.R. 3753, H.R. 5218, H.R. 5260, H.R.
5352, H.R. 5583, H.R. 5611, H.R. 5950, H.R. 6279, H.R. 7073, H.R. 7076,
H.R. 7232, H.R. 7233, H.R. 7234, H.R. 7235, H.R. 7237, H.R. 7238, H.R.
7241, H.R. 7248, H.R. 7249, H.R. 7254, H.R. 7255, H.R. 7483, H.R. 7857)
Reauthorizes through FY2027, expands, and modifies
programs, grants, and activities that focus on mental and
behavioral health, and expands access to opioid and other
substance use disorder prevention, treatment, and recovery
support services.
Summary
Title I, Subtitle A, Section 101 incorporates H.R. 7232 to
establish the Behavioral Health Crisis Coordinating Office
within the Substance Abuse and Mental Health Services
Administration (SAMHSA) to convene partners and provide
technical assistance to enhance access to crisis care,
authorized at $5 million annually for fiscal year (FY) 2023
through FY 2027.
Title I, Subtitle A, Section 102 incorporates H.R. 5611 to
require the Secretary of Health and Human Services (HHS) to
publish best practices for a crisis response continuum of care
not later than one year after the date of enactment for use by
health care providers, crisis services administrators, and
crisis services providers.
Title I, Subtitle A, Section 103 incorporates H.R. 2981 to
expand the requirements for the National Suicide Prevention
Lifeline Program such that SAMHSA must: (1) develop a plan to
ensure the provision of high-quality service, (2) strengthen
data-sharing agreements to facilitate the transmission of
epidemiological data from the program to the Centers for
Disease Control and Prevention, and (3) implement a pilot
program focused on using other communications platforms (e.g.,
social media and texting) for suicide prevention. It also
directs the Government Accountability Office (GAO) to study the
program.
Title I, Subtitle B, Sections 111-113 incorporate H.R. 7073
to reauthorize section 317L-1 of the Public Health Service Act
(PHSA) to award Screening and Treatment for Maternal Mental
Health and Substance Use Disorders grants to states to
establish, improve, or maintain programs for screening,
assessment, and treatment services for women who are
postpartum, pregnant, or have given birth within the preceding
12 months, for maternal mental health and substance use
disorders. It authorizes $24 million annually for FY 2023
through FY 2027. It establishes a national hotline to provide
information, brief intervention, and mental health and
substance use disorder resources to pregnant and postpartum
women at risk of, or affected by, maternal mental health and
substance use disorders, and authorizes $10 million annually
for FY 2023 through FY 2027. It establishes a task force to
make recommendations to coordinate and inform a national
strategy to improve Federal and State responses to maternal
mental health conditions. It requires a report to Congress and
to Governors and State leaders two years after the first
meeting of the task force.
Title I, Subtitle C, Sections 121-123 incorporate H.R. 7237
to establish an authorization for the Mental Health Crisis
Response Partnership Pilot Program at $10 million annually for
FY 2023 through FY 2027. It reauthorizes seven additional
SAMHSA programs to address mental health needs, provide crisis
response care, and prevent suicide among adults for FY 2023
through FY 2027, including: the National Mental Health and
Substance Abuse Policy Laboratory, authorized at $10 million
for each fiscal year; Interdepartmental Serious Mental Illness
Coordinating Committee; Mental Health Needs Priority Regions of
National Significance (PRNS), authorized at $599.036 million
for each fiscal year; Mental Health Awareness Training (MHAT)
Grants, authorized at $24.963 million for each fiscal year;
Adult Suicide Prevention initiatives, authorized at $30 million
for each fiscal year; Assertive Community Treatment Grants,
authorized at $9 million for each fiscal year; and Assisted
Outpatient Treatment Grant Program for Individuals with Serious
Mental Illness, authorized at $22 million for each fiscal year.
Title I, Subtitle C, Section 124 incorporates H.R. 7483 to
require a study to determine the true costs of untreated
serious mental illness on families, health care systems, public
housing, and law enforcement in America.
Title I, Subtitle D, Section 131 incorporates H.R. 7249 to
establish an authorization for the SAMHSA National Center of
Excellence for Eating Disorders at $1 million annually for FY
2023 through FY 2027 to award competitive subgrants or
subcontracts for the development and provision of training and
technical assistance to primary and behavioral health providers
and non-clinical community support workers as well as
collaboration and coordination with SAMHSA, the Centers for
Disease Control and Prevention, and the Health Resources and
Services Administration (HRSA) on the identification, effective
treatment, and ongoing support of individuals with eating
disorders.
Title I, Subtitle E, Section 141 incorporates H.R. 7241 to
reauthorize the Community Mental Health Services Block Grants
for states, territories, Tribes, and Tribal organizations to
support community mental health services for adults with
serious mental illness and children with serious emotional
disturbance, and to support the collection of performance and
outcome data. It requires that five percent of the funds
granted be used for crisis-care services and allows for up to
five percent of funds for early intervention activities. It
authorizes $857.571 million annually for FY 2023 through FY
2027.
Title I, Subtitle F, Section 151 incorporates H.R. 2929 to
authorize $13 million annually for FY 2023 through 2027 for
grants to consumer-led nonprofits, Tribes and Tribal
organizations, Urban Indian organizations, or Tribal consortium
to provide peer-supported mental health services, including
virtual peer support.
Title I, Subtitle G, Section 161 incorporates H.R. 5352 to
require the Department of Defense to carry out a two-year pilot
program aimed at preventing suicides amongst active-duty
members of the Armed Forces by pre-downloading resources onto
smart devices issued to members of the Armed Forces and to
provide training on the use of these resources.
Title II, Subtitle A, Section 201 incorporates H.R. 201 to
reauthorize the Alcohol and Drug Prevention or Treatment
Services for Indians and Native Alaskans Grant Program to
provide culturally appropriate mental health and substance use
disorder prevention, treatment, and recovery services to
American Indians, Alaska Natives, and Native Hawaiians. It
requires the convening of a negotiated rulemaking committee
composed of representatives of the federal government, Tribal
Governments, and Urban Indian Organizations to establish a
funding formula and program evaluation standards. Authorizes
$40 million annually for FY 2023 through 2027.
Title II, Subtitle B, Sections 211-222 incorporate H.R.
7234 to reauthorize 11 SAMHSA programs that support mental
health and substance use disorder prevention, treatment, and
recovery services activities for FY 2023 through FY 2027,
including: Formula Grants for the Benefit of Homeless
Individuals, authorized at $41.304 million for each fiscal
year; Substance Use Disorder Treatment Programs of Regional and
National Significance (PRNS), authorized at $521.517 million
for each fiscal year; Prescription Opioid and Heroin Treatment
and Interventions Demonstration Grants, authorized at $25
million for each fiscal year; Substance Use Disorder Prevention
PRNS, authorized at $218.219 million for each fiscal year;
Programs to Reduce Underage Drinking, Community-based Coalition
Enhancement Grants to Prevent Underage Drinking, Pediatric
Provider Screening and Brief Intervention Grants, data
collection and research, authorized for a collective $23
million for each fiscal year; a National Academy of Sciences
review and report to Congress authorized at $500,000 for FY
2023; Jail Diversion Program and Grants, authorized at $14
million each fiscal year; Projects for Assistance in Transition
from Homelessness Program, authorized at $64.635 million for
each fiscal year; Grants for Reducing Overdose Deaths,
including supporting the development of strategic opioid crisis
response plans, authorized at $5 million for each fiscal year;
Opioid Overdose Reversal Medication Access, Education, and Co-
prescribing Grants, requiring health care practitioners to
prescribe an opioid reversal drug when prescribing an opioid
for certain patients, authorized at $5 million for each fiscal
year; State and Local Integrated Comprehensive Opioid Use
Disorder Response initiatives, authorized at $5 million for
each fiscal year; and Emergency Department Alternatives to
Opioids Demonstration Grants, authorized at $10 million for
each fiscal year.
Title II, Subtitle C, Sections 231-237 incorporate H.R.
2376 to require the Secretary, acting through the SAMHSA
Assistant Secretary, to collaborate with federal agencies and
relevant stakeholders to promote the availability of high-
quality recovery housing and services for individuals with
substance use disorders. It requires the Secretary to develop
and periodically update consensus-based best practices for
operating, and promoting the availability of, high-quality
recovery housing. It requires the Secretary, acting through the
SAMHSA Assistant Secretary, and the Secretary of Housing and
Urban Development to convene an interagency working group and
report to Congress on its activities to increase federal
collaboration and coordination, develop a long-term plan to
support state, Tribal, and local efforts to operate recovery
housing consistent with best practices, and coordinate fair
housing practices and data collection on the quality of
recovery housing. It permits SAMHSA to provide grants to
states, Tribes, and territories for technical assistance to
promote and maintain recovery housing according to best
practices and to develop related state promotion plans. It
reauthorizes $5 million for the period of FY 2023 through 2027.
Title II, Subtitle D, Sections 241-248 incorporate H.R.
7235 to reauthorize and renames SAMHSA's Substance Abuse
Prevention and Treatment Block Grant as the ``Substance Use
Prevention, Treatment, and Recovery Services Block Grant,'' to
provide states and Tribes with funding to plan, carry out, and
evaluate substance use disorder prevention, treatment, and
recovery support services for individuals, families, and
communities impacted by substance use disorders, authorized at
$1.908 billion annually for FY 2023 through FY 2027. It
requires that states' plans describe the recovery support
service activities supported by block grant funds, including
number of individuals served, target populations, priority
needs, and the amount of funds allocated to recovery support
services disaggregated by type of activity. It updates the
basis by which states are designated as required to provide HIV
related services based on HIV case rate rather than AIDS case
rate effective in FY 2025. It requires states receiving block
grant funds to provide viral hepatitis screening and referrals
to providers whose practice includes viral hepatitis
vaccination and treatment. It requires states' reports to
include the amount of funds provided to each grant recipient
the previous fiscal year. It requires the Secretary to conduct
a study to develop a model needs assessment process for states.
It also replaces ``substance abuse'' with ``substance use'' and
updates the statutory language with regard to Tribes and Tribal
organizations.
Title II, Subtitle E, Sections 251 incorporates part of
H.R. 6279 to require the Assistant Secretary for Mental Health
and Substance Use to conduct a study and report within 180 days
on the impacts of treatment flexibilities allowed during the
pandemic on Opioid Treatment Program (OTP) effectiveness and
safety.
Title II, Subtitle E, Section 252 incorporates H.R. 7238 to
eliminate the requirement that an individual have an opioid use
disorder for at least one year before being admitted for
treatment by an OTP. This section also incorporates part of
H.R. 6279 to change federal opioid treatment standards to allow
an OTP to operate one or more mobile units to dispense
medications at locations other than the registrant's principal
place of business or professional practice under the same
registration (previously, each mobile unit had to be separately
registered) and require the Secretary to establish criteria for
OTP to allow certain patients to receive take home medications.
Title II, Subtitle F, Section 262 incorporates H.R. 1384 to
eliminate the X-Waiver, a requirement for health care
practitioners registered to dispense controlled substances to
apply for a separate waiver through the DEA to dispense
buprenorphine for opioid use disorder maintenance or
detoxification treatment.
Title II, Subtitle F, Section 263 incorporates H.R. 2067 to
require health care providers, as a condition of receiving or
renewing a DEA registration to prescribe controlled substances,
to meet a one-time 8-hour training requirement on identifying
and treating patients with substance use disorders.
Title II, Subtitle F, Section 264 incorporates H.R. 5950 to
increase the time limit for health care providers to hold long-
acting injectable (LAI) buprenorphine before administration to
a patient, if received through a specialty pharmacy, from 14 to
60 days.
Title II, Subtitle F, Section 265 incorporates H.R. 768 to
amend the Controlled Substances Act to clarify the process for
registrants to exercise due diligence upon discovering a
suspicious order of controlled substances. It requires
registrants to establish a record of the due diligence
preformed upon receipt of a suspicious shipment; decline to
fill an order if the due diligence fails to resolve the
suspicious indicators; and report to the DEA.
Title II, Subtitle G, Section 271 incorporates H.R. 2355 to
encourage the expanded use of electronic prescribing for
opioids similar to the mandate for Medicare Part D opioid
prescriptions under current law, incentivize states to maintain
and fully utilize prescription drug monitoring programs (PDMP),
and require HHS to work with the CDC, DEA, and FDA to offer
materials and guidance to pharmacists on how to verify the
identity patients to help facilitate safe and responsible
opioid prescriptions.
Title II, Subtitle G, Section 272 incorporates H.R. 2364 to
require HHS to conduct a public education campaign about
synthetic opioids (including fentanyl and its analogues),
disseminate information about synthetic opioids to health care
providers, and develop a training guide and webinar for first
responders and other individuals at high risk of exposure to
synthetic opioids that details measures to prevent exposure.
Title II, Subtitle G, Section 283 incorporates H.R. 2379 to
authorize State Opioid Response (SOR) Grants and Tribal Opioid
Response (TOR) Grants for 5 years at $1.75 billion per year,
with a 5% set-aside for TOR.
Title III, Subtitle A, Section 301 incorporates H.R. 5218
to amend section 520k of the Public Health Service Act and
reauthorize a program that allows HHS to award grants to states
that partner with a community program, a Federally Qualified
Health Center, Rural Health Clinic, or a primary health care
physician practice to implement and evaluate specified models
of care that integrate behavioral health and primary care
services. In awarding such grants, the Secretary is authorized
to give priority to recipients who provide care to medically
underserved populations and in areas where the prevalence of
behavioral health conditions exceeds the national average. It
also authorizes incentive payments for recipients that use
appropriate billing codes and quality measures for behavioral
health services as well as grants for national and regional
organizations that provide technical assistance to improve
integration of such services. It reauthorizes $60 million
annually for FY 2023 through FY 2027.
Title III, Subtitle B, Section 311 incorporates H.R. 5583
to reauthorize multiple programs to support and strengthen the
mental health care workforce, including Liability Protections
for Health Professional Volunteers, reauthorized through
October 1, 2027; Mental and Behavioral Health Education and
Training Grants including updates to the education reference
for occupational therapists, reauthorized at $50 million for FY
2023 through FY 2027; and the Training Demonstration Program,
reauthorized at $37.1 million annually for FY 2023 through FY
2027. It also updates the Minority Fellowship Program to
include those ``in the fields of crisis care management.''
Title III, Subtitle B, Section 312 incorporates H.R. 7857
to reauthorize SAMHSA's Minority Fellowship Program supporting
individuals pursuing masters or doctoral degrees in various
fields of mental health and substance use disorder counseling.
The program is authorized at $25 million for each fiscal year
for FY 2023 through FY 2027.
Title III, Subtitle C, Section 321 incorporates part of
H.R. 7254 to require self-funded, non-federal governmental
plans to comply with mental health parity requirements starting
six months after the date of enactment or longer contingent on
the terms of the plan agreement.
Title III, Subtitle D, Section 331 incorporates H.R. 3753
to authorize $10 million for each of the five years beginning
the fiscal year after the date of enactment for grants to
States to enforce and ensure compliance with mental health
parity requirements.
Title III, Subtitle E, Section 341 incorporates H.R. 1480
to establish a series of programs relating to the behavioral
health of law enforcement officers, first responders, 9-1-1
operators, and other public safety officers and health care
providers, including: a public safety officer suicide-reporting
system at the CDC; a grant program for peer-support behavioral
health and wellness programs within fire departments and
emergency medical services agencies; and a grant program for
behavioral health and wellness programs for health care
providers.
Title IV, Subtitle A, Sections 401-402 incorporate H.R.
7076 to reauthorize HRSA's Pediatric Mental Health Care Access
grant program that promotes behavioral health integration into
pediatric primary care by supporting pediatric mental health
care telehealth access programs in states at $14 million
annually for FY 2023 through FY 2025 and $30 million annually
for FY 2026 through FY 2027. It also reauthorizes SAMHSA's
Infant and Early Childhood Mental Health Grant Program,
intended to improve outcomes for children from birth to age 12
by developing, maintaining, or enhancing mental health
promotion, intervention, and treatment services at $50 million
for the period of FY 2023 through FY 2027.
Title IV, Subtitle A, Section 403 incorporates H.R. 721 to
revise Project AWARE, which is administered by SAMHSA, to
provide comprehensive school-based mental health services,
including screening, treatment, and outreach programs.
Title IV, Subtitle A, Section 405 incorporates H.R. 2877 to
require HHS to develop best practices for establishing
behavioral intervention teams in educational settings.
Title IV, Subtitle B, Sections 411-412 incorporate H.R.
7248 to reauthorize the Comprehensive Community Mental Health
Services for Children with Serious Emotional Disturbances
Grants and updates the definition of eligible family to
``parents or kinship caregivers.'' It authorizes at $125
million annually for FY 2023 through FY 2027. Reauthorizes the
Enhancement and Expansion of Treatment and Recovery Services
for Adolescents, Transitional Aged Youth, and their Families
(Youth and Family TREE) Grants at $29.605 million annually for
FY 2023 through FY 2027.
Title IV, Subtitle C, Sections 421-424 incorporate H.R.
7255 to reauthorize the Suicide Prevention Resource Center at
$9 million annually for FY 2023 through FY 2027. It
reauthorizes the State and Tribal Youth Suicide Prevention and
Early Intervention Grants Program at $40 million annually for
FY 2023 through FY 2027 and provides the allowable use of funds
for supplies to securely store commonly used means of suicide
within a household. Reauthorizes the Mental Health Youth
Suicide Prevention Campus Grants at $7 million for each fiscal
year. It reauthorizes and renames the Mental and Behavioral
Health Public Outreach and Education at Institutions of Higher
Education program at $1 million for FY 2023 through FY 2027 and
specifies that representatives from minority-serving
institutions and community colleges be included on the
program's working group.
Title IV, Subtitle D, Section 431 incorporates part of H.R.
1475 to require the Secretary of HHS to conduct or support
research and submit to Congress a report on smartphone and
social media use by adolescents and the effects of such use on
their health and development and any disparities in mental
health outcomes of rural, minority, or other underserved
populations.
Title IV, Subtitle D, Section 432 incorporates H.R. 2161 to
require NIH to fund research regarding the effects of media on
infants, children, and adolescents. Such research must examine
the positive and negative impacts of multimedia (e.g., social
media, television, video games) on cognitive, physical, and
social-emotional development.
Title V, Sections 501-506 incorporates H.R. 7233, which
included H.R. 6636, H.R. 1397, and H.R. 7236. These sections
require state Medicaid programs and Children's Health Insurance
Programs (CHIP) to provide medical and behavioral health
screenings to incarcerated juveniles prior to their release,
direct CMS to issue guidance on reducing administrative
barriers to school-based services and obtaining payments for
such services under the Medicaid program, direct CMS to issue
guidance on how to expand access to mental, emotional, and
behavioral health services covered by Medicaid, direct CMS to
issue guidance on existing Medicaid flexibilities to support
children in crisis who made need intensive services, require
CMS to regularly update its guidance to states on how to
increase access to telehealth under Medicaid, and eliminate the
inmate exclusion for children on Medicaid who are in pre-trial
detention, allowing for eligible children to maintain coverage
and ensure continuity of services during detainment and, if
applicable, upon release from detention.
Title VI, Section 602 incorporates part of H.R. 5260 to
require health insurance issuers offering group health
insurance coverage, entities providing pharmacy benefit
management services on behalf of a group health plan, or an
issuer providing group health insurance coverage to submit
reports to plan sponsors every six months on information
related to the drugs covered by such plan, issuer, or entity
providing pharmacy benefit management services that was
dispensed during that reporting period--including the total net
spending on prescription drugs by the health plan or health
insurance coverage during the reporting period and the amounts
paid directly or indirectly in rebates, fees, or any other type
of renumeration. It also requires the Comptroller General of
the United States to submit a report to Congress on pharmacy
networks of group health plans, health insurance issuers, and
entities providing pharmacy management services under such
group health plan or group or individual health insurance
coverage.
Legislative History
On May 6, 2022, H.R. 7666 was introduced by Representatives
Pallone (NJ-06) and Rodgers (WA-05) and referred to the
Committee on Energy and Commerce and the Committee on the
Judiciary. Subsequently, on May 9, 2022, the bill was referred
to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
On May 11, 2022, the Subcommittee on Health met in open
markup session, pursuant to notice, to consider H.R. 7666 and
five other bills. During consideration of the bill, no
amendments were offered. Upon conclusion of consideration of
the bill, the Subcommittee on Health agreed to report the bill
favorably to the full Committee, without amendment, by a roll
call vote of 32 yeas to zero nays.
On May 18, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 7666 and five
other bills. An amendment in the nature of a substitute (AINS),
offered by Representative Pallone, was agreed to by a voice
vote. An amendment to the AINS, offered by Representative Tonko
(NY-20), was agreed to by a roll call vote of 45 yeas to 10
nays. An amendment to the Tonko amendment to the AINS, offered
by Representative Burgess (TX-26), was withdrawn. An amendment
to the AINS, offered by Representative Trahan (MA-03), was
agreed to by a roll call vote of 46 yeas to 8 nays. An
amendment to the AINS, offered by Representative Upton (MI-06),
was agreed to by a roll call vote of 55 yeas to one nay. An
amendment to the AINS, offered by Representative Cardenas (CA-
29), was agreed to by a roll call vote of 31 yeas to 24 nays.
An amendment to the bill, offered by Representative Curtis (UT-
03), was withdrawn. Upon conclusion of consideration of the
bill, the full Committee agreed to a motion on final passage
offered by Representative Pallone, Chairman of the Committee,
to order H.R. 7666 reported favorably to the House, amended, by
a voice vote.
On June 13, 2022, the Committee on Energy and Commerce
reported H.R. 7666, amended, to the House (H. Rept. 117-364,
Part I). That same day, the Committee on the Judiciary
discharged consideration.
On June 22, 2022, H.R. 7666 was considered in the House and
passed the House by a record vote of 402 yeas to 20 nays (Roll
no. 286).
On June 23, 2022, H.R. 7666 was received in the Senate,
read twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 7666 in the 117th
Congress. Provisions of H.R. 7666 were incorporated into H.R.
2617, the ``Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2023.''
On February 2, 2021, H.R. 721 was introduced by
Representative Napolitano (CA-32) and 62 original cosponsors
and referred to the Committee on Energy and Commerce.
Subsequently, on February 3, 2021, the bill was referred to the
Subcommittee on Health.
On May 11, 2021, H.R. 721 was considered in the House under
suspension of the rules. The next day, H.R. 721 passed the
House under suspension of the rules.
On May 13, 2021, H.R. 721 was received in the Senate, read
twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 721 in the 117th
Congress.
On February 3, 2021, H.R. 768 was introduced by
Representatives McKinley (WV-01) and Dingell (MI-12) and
referred to the Committee on Energy and Commerce and the
Committee on Judiciary. Subsequently, on February 4, 2021, the
bill was referred to the Subcommittee on Health.
On May 11, 2021, H.R. 768 was considered in the House under
suspension of the rules. The next day, H.R. 768 passed the
House under suspension of the rules.
On May 13, 2021, H.R. 768 was received in the Senate, read
twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 768 in the 117th
Congress.
On February 25, 2021, H.R. 1384 was introduced by
Representatives McKinley (WV-01) and Dingell (MI-12) and
referred to the Committee on Energy and Commerce, the Committee
on Ways and Means, and the Committee on Judiciary.
Subsequently, on February 26, 2021, the bill was referred to
the Subcommittee on Health.
On April 14, 2021, the Subcommittee on Health held a
legislative hearing on the bill. The Subcommittee received
testimony from Regina M. LaBelle, Acting Director, White House
Office of National Drug Control Policy; Geoffrey M. Laredo,
Principal, Santa Cruz Strategies, LLC; Patricia L. Richman,
National Sentencing Resource Counsel, Federal Public and
Community Defenders; Mark Vargo, Pennington County State's
Attorney, Legislative Committee Chairman, National District
Attorneys Association; Timothy Westlake, M.D., F.F.S.M.B.,
F.A.C.E.P., Emergency Department Medical Director, Pro Health
Care Oconomowoc Memorial Hospital; and J. Deanna Wilson, M.D.,
M.P.H., Assistant Professor of Medicine and Pediatrics,
University of Pittsburgh School of Medicine.
No further action was taken on H.R. 1384 in the 117th
Congress.
On March 1, 2021, H.R. 1475 was introduced by
Representative Watson Coleman (NJ-12) and 49 original
bipartisan cosponsors and referred to the Committee on Energy
and Commerce. Subsequently, on March 2, 2021, the bill was
referred to the Subcommittee on Health.
On May 11, 2021, H.R. 1475 was considered in the House
under suspension of the rules. The next day, H.R. 1475 passed
the House under suspension of the rules.
On May 13, 2021, H.R. 1475 was received in the Senate, read
twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 1475 in the 117th
Congress.
On March 2, 2021, H.R. 1480 was introduced by
Representative Bera (CA-07) and 30 original bipartisan
cosponsors and referred to the Committee on Energy and Commerce
and the Committee on Science, Space, and Technology.
Subsequently, on March 3, 2021, the bill was referred to the
Subcommittee on Health.
On May 11, 2021, H.R. 1480 was considered in the House
under suspension of the rules. The next day, H.R. 1480 passed
the House under suspension of the rules.
On May 13, 2021, H.R. 1480 was received in the Senate, read
twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 1480 in the 117th
Congress.
On March 18, 2021, H.R. 2067 was introduced by
Representative Trahan (MA-03) and five original bipartisan
cosponsors and referred to the Committee on Energy and the
Committee on Judiciary. Subsequently, on March 19, 2021, the
bill was referred to the Subcommittee on Health.
On April 14, 2021, the Subcommittee on Health held a
legislative hearing on the bill. The Subcommittee received
testimony from Regina M. LaBelle, Acting Director, White House
Office of National Drug Control Policy; Geoffrey M. Laredo,
Principal, Santa Cruz Strategies, LLC; Patricia L. Richman,
National Sentencing Resource Counsel, Federal Public and
Community Defenders; Mark Vargo, Pennington County State's
Attorney, Legislative Committee Chairman, National District
Attorneys Association; Timothy Westlake, M.D., F.F.S.M.B.,
F.A.C.E.P., Emergency Department Medical Director, Pro Health
Care Oconomowoc Memorial Hospital; and J. Deanna Wilson, M.D.,
M.P.H., Assistant Professor of Medicine and Pediatrics,
University of Pittsburgh School of Medicine.
No further action was taken on H.R. 2067 in the 117th
Congress.
On April 5, 2021, H.R. 2355 was introduced by
Representatives Davis (IL-13), Bilirakis (FL-12), and Wagner
(MO-02) and referred to the Committee on Energy and Commerce.
Subsequently, on April 13, 2021, the bill was referred to the
Subcommittee on Health.
On July 15, 2021, the Subcommittee on Health met in open
markup session, pursuant to notice, to consider H.R. 2355 and
18 other bills. During consideration of the bill, an amendment
in the nature of a substitute (AINS) offered by Representative
Bilirakis was agreed to by a voice vote. Upon conclusion of
consideration of the bill, the Subcommittee on Health agreed to
report the bill favorably to the full Committee, amended, by a
voice vote.
On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 2355 and 23 other
bills. No amendments were offered during consideration of the
bill. Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone (NJ-06), Chairman of the Committee, to
order H.R. 2355 reported favorably to the House, as amended, by
a voice vote.
On November 30, 2021, the House Committee on Energy and
Commerce reported H.R. 2355 to the House (H. Rept. 117-180). On
December 8, 2021, a motion to suspend the rules and pass the
bill, as amended was agreed to by a record vote of 410 yeas to
15 nays (Roll no. 422). On December 9, 2021, H.R. 2355 was
received in the Senate, read twice, and referred to the
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2355 in the 117th
Congress.
On April 5, 2021, H.R. 2364 was introduced by
Representatives Kim (NJ-03) and Pappas (NH-01) and referred to
the Committee on Energy and Commerce. Subsequently, on April
13, 2021, H.R. 2364 was referred to the Subcommittee on Health.
On April 14, 2021, the Subcommittee on Health held a
legislative hearing on the bill. The Subcommittee received
testimony from Regina M. LaBelle, Acting Director, White House
Office of National Drug Control Policy; Geoffrey M. Laredo,
Principal, Santa Cruz Strategies, LLC; Patricia L. Richman,
National Sentencing Resource Counsel, Federal Public and
Community Defenders; Mark Vargo, Pennington County State's
Attorney, Legislative Committee Chairman, National District
Attorneys Association; Timothy Westlake, M.D., F.F.S.M.B.,
F.A.C.E.P., Emergency Department Medical Director, Pro Health
Care Oconomowoc Memorial Hospital; and J. Deanna Wilson, M.D.,
M.P.H., Assistant Professor of Medicine and Pediatrics,
University of Pittsburgh School of Medicine.
On July 15, 2021, the Subcommittee on Health met in open
markup session, pursuant to notice, to consider H.R. 2364 and
18 other bills. During consideration of the bill, an amendment
in the nature of a substitute (AINS) offered by Representative
Trahan was agreed to by a voice vote. Upon conclusion of
consideration of the bill, the Subcommittee on Health agreed to
report the bill favorably to the full Committee, amended, by a
voice vote.
On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 2364 and 23 other
bills. No amendments were offered during consideration of the
bill. Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 2364 reported favorably to the House, as amended, by a
voice vote.
On November 30, 2021, the House Committee on Energy and
Commerce reported H.R. 2364 to the House (H. Rept. 117-181). On
December 8, 2021, a motion to suspend the rules and pass the
bill, as amended was agreed to by a record vote of 411 yeas to
14 nays (Roll no. 423). On December 9, 2021, H.R. 2364 was
received in the Senate, read twice, and referred to the
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2364 in the 117th
Congress.
On April 5, 2021, H.R. 2376 was introduced by
Representatives Trone (MD-06), Chu (CA-27), Levin (CA-49), and
McKinley (WV-01) and referred to the Committee on Energy and
Commerce. Subsequently, on April 6, 2021, the bill was referred
to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 2376 in the 117th
Congress.
On April 8, 2021, H.R. 2379 was introduced Representatives
David Trone (MD-06) and Mikie Sherrill (NJ-11) and it was
referred to the Committee on Energy and Commerce. Subsequently,
on April 13, 2021, H.R. 2379 was referred to the Subcommittee
on Health. A legislative hearing was held on the bill on April
14, 2021.
On July 15, 2021, the Subcommittee on Health met in open
markup session, pursuant to notice, to consider H.R. 2379 and
18 other bills. During consideration of the bill, an amendment
in the nature of a substitute (AINS) offered by Representative
Trahan was agreed to by a voice vote. Upon conclusion of
consideration of the bill, the Subcommittee on Health agreed to
report the bill favorably to the full Committee, amended, by a
voice vote.
On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 2379 and 23 other
bills. An amendment offered by Representative Trahan was agreed
to by a voice vote. Upon conclusion of consideration of the
bill, the full Committee agreed to a motion on final passage
offered by Representative Pallone, Chairman of the Committee,
to order H.R. 2379 reported favorably to the House, amended, by
a voice vote.
On October 19, 2021, the House Committee on Energy and
Commerce reported H.R. 2379 to the House (H. Rept. 117-149). On
October 20, 2021, a motion to suspend the rules and pass the
bill, as amended was agreed to by a record vote of 380 yeas to
46 nays (Roll no. 320). On October 21, 2021, H.R. 2379 was
received in the Senate, read twice, and referred to the
Committee on Health, Education, Labor, and Pensions.
No further action was taken on H.R. 2379 in the 117th
Congress.
On April 28, 2021, H.R. 2877 was introduced by
Representatives Ferguson (GA-03), Burgess (TX-26), Peters (CA-
52), and Panetta (CA-20) and referred to the Committee on
Energy and Commerce and the Committee on Science, Space, and
Technology. Subsequently, on April 29, 2021, the bill was
referred to the Subcommittee on Health.
On May 11, 2021, H.R. 2877 was considered in the House
under suspension of the rules. On May 13, 2021, H.R. 2877
passed the House under suspension of the rules by a record vote
of 323 yeas to 93 nays, 2 Present (Roll no. 142).
On May 17, 2021, H.R. 2877 was received in the Senate, read
twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 2877 in the 117th
Congress.
On April 30, 2021, H.R. 2929 was introduced by
Representative Lee (NV-03) and 12 original cosponsors and
referred to the Committee on Energy and Commerce. Subsequently,
on May 3, 2021, the bill was referred to the Subcommittee on
Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 2929 in the 117th
Congress.
On May 4, 2021, H.R. 2981 was introduced by Representatives
Katko (NY-24), Napolitano (CA-32), and Beyer (VA-08) and
referred to the Committee on Energy and Commerce. Subsequently,
on May 5, 2021, the bill was referred to the Subcommittee on
Health.
On May 11, 2021, H.R. 2981 was considered in the House
under suspension of the rules. On May 12, 2021, H.R. 2981
passed the House under suspension of the rules.
On May 13, 2021, H.R. 2981 was received in the Senate, read
twice, and referred to the Committee on Health, Education,
Labor, and Pensions.
No further action was taken on H.R. 2981 in the 117th
Congress.
On September 10, 2021, H.R. 5218 was introduced by
Representatives Fletcher (TX-07), and Herrera Beutler (WA-03)
and referred to the Committee on Energy and Commerce.
Subsequently, on September 13, 2021, the bill was referred to
the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 5218 in the 117th
Congress.
On March 15, 2022, H.R. 7073 was introduced by
Representative Clark (MA-05) and five original bipartisan
cosponsors and referred to the Committee on Energy and
Commerce. Subsequently, on March 16, 2022, the bill was
referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7073 in the 117th
Congress.
On March 15, 2022, H.R. 7076 was introduced by
Representatives Schrier (WA-08) and Miller-Meeks (IA-02) and
referred to the Committee on Energy and Commerce. Subsequently,
on March 16, 2022, the bill was referred to the Subcommittee on
Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7076 in the 117th
Congress.
On March 28, 2022, H.R. 7232 was introduced by
Representative Cardenas (CA-29) and seven original bipartisan
cosponsors and referred to the Committee on Energy and
Commerce. Subsequently, on March 29, 2022, the bill was
referred to the Subcommittee on Communications and Technology.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7232 in the 117th
Congress.
On March 28, 2022, H.R. 7233 was introduced by
Representatives Hudson (NC-08) and Kuster (NH-02) and referred
to the Committee on Energy and Commerce. Subsequently, on March
29, 2022, the bill was referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
On May 11, 2022, the Subcommittee on Health met in open
markup session, pursuant to notice, to consider H.R. 7233 and
five other bills. During consideration of the bill, an
amendment in the nature of a substitute (AINS), offered by
Representative Hudson, was agreed to by a voice vote. Two
amendments to the AINS, one filed by Representative Eshoo (D-
CA) and the other filed by Representative Blunt Rochester (DE-
AL), were both agreed to by a voice vote. Two amendments filed
by Representative Burgess (TX-26) were offered and withdrawn.
Upon conclusion of consideration of the bill, the Subcommittee
on Health agreed to report the bill favorably to the full
Committee, amended, by a roll call vote of 32 yeas to 0 nays.
On May 18, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 7233 and five
other bills. An AINS, offered by Representative Hudson, was
agreed to by a voice vote. Upon conclusion of consideration of
the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone, Chairman of the
Committee, to order H.R. 7233 reported favorably to the House,
amended, by a roll call vote of 52 yeas to 0 nays.
On June 16, 2022, the Committee on Energy and Commerce
reported the bill to the House (H. Rept. 117-374).
No further action was taken on H.R. 7233 in the 117th
Congress.
On March 28, 2022, H.R. 7234 was introduced by
Representatives Spanberger (VA-0907), O'Halleran (AZ-0901),
Salazar (FL-0927), and Armstrong (ND-AL) and referred to the
Committee on Energy and Commerce. Subsequently, on March 29,
2022, the bill was referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7234 in the 117th
Congress.
On March 28, 2022, H.R. 7235 was introduced by
Representatives Tonko (NY-20), Guthrie (KY-02), Wild (PA-07),
and McKinley (WV-01) and referred to the Committee on Energy
and Commerce. Subsequently, on March 29, 2022, the bill was
referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7235 in the 117th
Congress.
On March 28, 2022, H.R. 7237 was introduced by
Representatives Griffith (VA-09), Tenney (NY-22), Davids (KS-
03), and Craig (MN-02) and referred to the Committee on Energy
and Commerce. Subsequently, on March 29, 2022, the bill was
referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7237 in the 117th
Congress.
On March 28, 2022, H.R. 7238 was introduced by
Representatives Bucshon (IN-08), Axne (IA-03), Miller-Meeks,
and Pappas (NH-01) and referred to the Committee on Energy and
Commerce. Subsequently, on March 29, 2022, the bill was
referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7238 in the 117th
Congress.
On March 28, 2022, H.R. 7241 was introduced by
Representatives Crenshaw (TX-02), Butterfield (NC-01), Garcia
(CA-25), and Luria (VA-02) and referred to the Committee on
Energy and Commerce. Subsequently, on March 29, 2022, the bill
was referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7241 in the 117th
Congress.
On March 28, 2022, H.R. 7248 was introduced by
Representatives Joyce (PA-13), Sarbanes (MD-03), Gimenez (FL-
26), and Underwood (IL-14) and referred to the Committee on
Energy and Commerce. Subsequently, on March 29, 2022, the bill
was referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7248 in the 117th
Congress.
On March 28, 2022, H.R. 7249 was introduced by
Representatives Matsui (CA-06), McKinley, Deutch (FL-22), and
Van Drew (NJ-02) and referred to the Committee on Energy and
Commerce. Subsequently, on March 29, 2022, the bill was
referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7249 in the 117th
Congress.
On March 28, 2022, H.R. 7254 was introduced by
Representatives Porter (CA-45) and Dingell (MI-12) and referred
to the Committee on Energy and Commerce and the Committee on
Judiciary. Subsequently, on March 29, 2022, the bill was
referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7254 in the 117th
Congress.
On March 28, 2022, H.R. 7255 was introduced by
Representatives Rodgers (WA-05), Trahan (MA-05), and Axne (IA-
03) and referred to the Committee on Energy and Commerce.
Subsequently, on March 29, 2022, the bill was referred to the
Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
April 5, 2022, on the bill. The Subcommittee received testimony
from Miriam E. Delphin-Rittmon, Ph.D., Assistant Secretary for
Mental Health and Substance Use, Substance Abuse and Mental
Health Services Administration; Carole Johnson, M.A.,
Administrator, Health Resources and Services Administration;
Rebecca W. Brendel, M.D., J.D., President-Elect, American
Psychiatric Association; Sandy L. Chung, M.D., F.A.A.P.,
F.A.C.H.E., President-Elect, American Academy of Pediatrics;
Steven Adelsheim, M.D., Clinical Professor of Psychiatry and
Director, Stanford Center for Youth Mental Health and
Wellbeing, Stanford University School of Medicine, Stanford
Children's Health; Debra Pinals, M.D., Medical Director,
Behavioral Health and Forensic Programs, Michigan Department of
Health and Human Services, On behalf of the National
Association of State Mental Health Program Directors; Cassandra
Price, M.B.A., Director, Office of Addictive Diseases, Georgia
Department of Behavioral Health and Developmental Disabilities,
On behalf of the National Association of State Alcohol and Drug
Abuse Directors; and LeVail W. Smith, C.P.S.S., Peer Support
Specialist Instructor and Mentor.
No further action was taken on H.R. 7255 in the 117th
Congress.
Food and Drug Amendments of 2022
H.R. 7667 (H.R. 2565, H.R. 3927, H.R. 4511, H.R. 5030, H.R.
5566, H.R. 6000, H.R 6584, H.R. 6888, H.R. 6963, H.R. 6973,
H.R. 6980, H.R. 6988, H.R. 7006, H.R. 7008, H.R. 7032, H.R.
7035, H.R. 7084, H.R. 7192, H.R. 7640, H.R. 7649, H.R. 7658)
Reauthorizes Food and Drug Administration (FDA) user fee
programs for certain drugs and devices, establishes
requirements to increase diversity in clinical trials, and
modifies requirements relating to the overall supply chain for
drugs and devices.
Summary
Title V, Sections 501-505 incorporates parts of H.R. 6584
to improve diversity in clinical trials. These sections require
premarket reporting of diversity action plans for clinical
trials. It also requires FDA to publish an annual report
aggregating and analyzing the data provided by sponsors on
their progress toward and strategies for improving diversity in
clinical trials. It also requires FDA to hold a workshop to
assess how sponsors utilized the clinical trial flexibilities
initiated during the COVID-19 public health emergency and their
impact on improving access to clinical trials in underserved
populations.
Title V, Section 506 incorporates part of H.R. 5030 and
H.R. 6000 to require FDA to issue draft guidance that addresses
considerations for decentralized clinical trials, including
regarding the engagement, enrollment, and retention of a
meaningfully diverse clinical population, with respect to race,
ethnicity, age, gender, and geographic location, when
appropriate.
Title VI, Section 601 incorporates H.R. 7032 to allow FDA
to provide generic drug sponsors information regarding any
differences in ingredients between their generic drug and the
reference listed drug to which they are compared, to facilitate
generic drug development and review.
Title VI, Section 602 incorporates H.R. 6973 to allow a
generic drug to be approved even if its proposed labeling
differs from that of the brand drug if the differences are
limited to FDA approved changes made within 90 days of when the
generic application is otherwise eligible for approval.
Title VII, Subtitle A, Section 701 incorporates H.R. 2565
to allow an applicant for new drug approval to use methods
other than animal testing to support clinical testing and
establish effectiveness in certain circumstances.
Title VII, Subtitle A, Section 702 incorporates H.R. 6988
to authorize the Emerging Technologies Program at FDA, a
collaborative program where industry representatives,
academics, and others can meet with FDA officials to support
the adoption and improve the development of innovative
approaches to drug design and manufacturing. The section
requires FDA to issue guidance regarding requirements related
to such approaches and report to Congress regarding allocation
of funds and staff utilization in this program. It authorizes
FDA to make grants to carry out the program and authorizes $20
million each year for FY 2023 through FY 2027 to carry out the
program.
Title VII, Subtitle A, Section 703 incorporates H.R. 6888
to require the Secretary to submit a report summarizing FDA's
activities relating to designating, approving, and licensing
drugs used to treat rare diseases no later than four years
after enactment. It requires FDA to study processes for
evaluating drugs for rare diseases in the United States and the
European Union. It requires FDA to convene one or more public
meetings to solicit input from stakeholders regarding
approaches to improving engagement with rare disease condition
patients, patient groups, and experts. It incorporates experts
on the science of small population studies in FDA's existing
list of external consultants on rare disease drugs and
biologics.
Title VII, Subtitle A, Section 704 incorporates H.R. 5566
to require the Secretary to issue draft guidance to industry
and hold a public workshop to assist entities seeking approval
or licensure for antifungal therapies intended to treat and
preventative vaccines for coccidioidomycosis, commonly known as
Valley Fever.
Title VII, Subtitle A, Section 706 incorporates H.R. 3927
to require FDA to initiate a pilot program to designate an
advanced manufacturing technology. A method of manufacturing is
eligible for designation if such method incorporates a novel
technology or uses an established technology in a novel way
that will substantially improve the manufacturing process and
maintain equivalent or superior drug quality. Designated
technologies qualify for expedited application development and
review and allow the designated technology application holder,
or a person authorized by the application holder, to reference
or rely upon a data and information in a drug or biologic
application about the advanced manufacturing technology in the
same context of use. It also requires FDA to hold a public
meeting, issue guidance, and report to Congress regarding this
pilot, which sunsets in 2029.
Title VII, Subtitle A, Section 712 incorporates H.R. 7640
to reauthorize orphan drug grants through 2027 and expand uses
of such grants to include the development of regulatory science
and manufacturing and controls related to individualized
medical products to treat those with rare diseases or
conditions.
Title VII, Subtitle A, Section 711 incorporates H.R. 7658
to reauthorize the Critical Path Public-Private Partnership at
$10 million annually through 2027.
Title VII, Subtitle B, Section 723 incorporates H.R. 7006
to enhance FDA's inspection tools and require study of when and
how those tools are used. Allows FDA to consider the compliance
history of establishments in a country or region as a factor
when establishing a schedule for risk-based inspections. Allows
the Secretary to use any records or other information collected
for the purposes of or in lieu of an inspection to satisfy
requirements that may pertain to a preapproval or risk-based
surveillance inspection, and to resolve deficiencies found in
such inspections, if applicable and appropriate. Allows the
recognition of foreign government inspections as sufficient for
preapproval inspections if the Secretary has entered into an
agreement with that foreign government. Requires a periodic
assessment of whether additional arrangements with foreign
governments are appropriate.
Title VII, Subtitle B, Section 725 incorporates H.R. 6980
to require FDA to conduct a pilot program in which FDA
increases the conduct of unannounced surveillance inspections
of foreign drug establishments, evaluates the differences
between such domestic and foreign establishments, including the
impact of announcing such inspections, and post a report of its
findings and recommendations on the FDA website.
Title VII, Subtitle B, Sections 727-729 incorporate H.R.
3927 to enhance intra-agency coordination and public health
assessment with regard to compliance activities, report mutual
recognition agreements for inspections and review activities,
and enhance transparency of drug facility inspection timelines.
Title VIII, Section 801 incorporates H.R. 7035 to require
all holders of approved Biologics License Applications to
conduct a one-time report to confirm that their products listed
in the Purple Book are still available for sale.
Title VIII, Section 804 incorporates H.R. 6963 to require
FDA to specify conditions for required post-approval studies
for drugs approved under accelerated approval, which may
include enrollment targets and milestones, including the target
date for study completion, by the time the drug is approved.
Title VIII, Section 805 drew from H.R. H.R. 4511 to require
FDA to issue guidance addressing the use of real-world evidence
and real-world data, including that obtained for drugs and
devices authorized for emergency use during the COVID-19 public
health emergency, to support drug and device approvals and
clearances. It requires FDA to report to Congress regarding the
number of applications submitted for which an emergency use
authorization was previously granted, and, of such
applications, how many applications included real-world
evidence and whether such evidence was sufficient to support a
regulatory decision.
Title VIII, Section 806 incorporates H.R. 7192 to require
the Medical Device Advisory Committee to meet at least once a
year through 2027 to provide FDA advice on topics related to
medical devices in pandemic preparedness and response,
including issues related to in vitro diagnostics.
Title VII, Section 807 incorporates H.R. 7084 to require
manufacturers of cyber devices to develop processes to ensure
their devices are secure, have plans to identify and address
cybersecurity vulnerabilities, provide a software bill of
materials in their labeling, and submit this information to FDA
in premarket submissions. It defines cyber devices as devices
that have software, connect to the internet, or otherwise could
be vulnerable to cybersecurity threats. It authorizes FDA to
deny 510(k) clearance if cyber security information is
inadequate and to exempt types of devices from these
requirements and makes failure to comply a prohibited act.
Title VIII, Section 808 incorporates H.R. 7649 to require
FDA to provide a public comment period regarding patient access
and provider administration when a proposed modification to an
approved risk evaluation and mitigation strategy (REMS) is
reviewed under section 505-1(h).
Title VIII, Section 809 incorporates H.R. 7008 to provide
that no drug or device shall be considered misbranded as a
result of the provision of information regarding
investigational drugs or devices or uses to payors, formulary
committees, or other similar entities under specified
conditions. The information would be required to include a
clear statement that the drug or device it discusses has not
been approved, and that the safety and efficacy of the drug or
device has not been established. Additional required
disclosures include information about studies the drug or
device is undergoing, how the studies relate to the overall
plan for the development of the drug or device, and whether an
application for the drug or device has been submitted to FDA
and when such submission is planned.
Legislative History
On May 6, 2022, H.R. 7667 was introduced by Representatives
Eshoo (CA-18), Guthrie (KY-02), Pallone (NJ-06), and Rodgers
(WA-05) and referred to the Committee on Energy and Commerce.
Subsequently, on May 9, 2022, the bill was referred to the
Subcommittee on Health.
On May 11, 2022, the Subcommittee on Health met in open
markup session, pursuant to notice, to consider H.R. 7667 and
five other bills. During consideration of the bill, an
amendment in the nature of a substitute (AINS) offered by
Representative Eshoo was agreed to by a voice vote. Upon
conclusion of consideration of the bill, the Subcommittee on
Health agreed to report the bill favorably to the full
Committee, amended, by a roll call vote of 30 yeas to zero
nays.
On May 18, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 7667 and five
other bills. An AINS offered by Representative Guthrie was
agreed to by a voice vote. An amendment to the AINS offered by
Representative Butterfield (NC-01) was agreed to by a voice
vote. Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 7667 reported favorably to the House, amended, by a roll
call vote of 55 yeas to zero nays.
On June 7, 2022, the Committee on Energy and Commerce
reported H.R. 7667 to the House (H. Rept. 117-348), and it was
considered under suspension of the rules. On June 8, 2022, H.R.
7667 passed the House under suspension of the rules by a record
vote of 392 yeas to 28 nays (Roll no. 254).
On June 9, 2022, H.R. 7667 was received in the Senate.
No further action was taken on H.R. 7667 in the 117th
Congress.
On April 15, 2021, H.R. 2565 was introduced by
Representatives Buchanan (FL-16), Luria (VA-02), Mace (SC-01),
Sherrill (NJ-11), and Boyle (PA-02) and referred to the
Committee on Energy and Commerce. Subsequently, on April 16,
2021, the bill was referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 2565 in the 117th
Congress.
On April 15, 2021, H.R. 3927 was introduced by
Representative Carter (GA-01) and eight bipartisan original
cosponsors and referred to the Committee on Energy and
Commerce. Subsequently, on April 16, 2021, the bill was
referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 3927 in the 117th
Congress.
On July 19, 2021, H.R. 4511 was introduced by
Representatives Burgess (TX-26) and Craig (MN-02) and referred
to the Committee on Energy and Commerce. Subsequently, on July
20, 2021, the bill was referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 4511 in the 117th
Congress.
On August 13, 2021, H.R. 5030 was introduced by
Representatives Ruiz (CA-36) and Bucshon (IN-08) and referred
to the Committee on Energy and Commerce and the Committee on
Ways and Means. Subsequently, on August 16, 2021, the bill was
referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 5030 in the 117th
Congress.
On October 12, 2021, H.R. 5566 was introduced by
Representatives McCarthy (CA-23) and Bucshon (IN-08) and
referred to the Committee on Energy and Commerce. Subsequently,
on October 13, 2021, the bill was referred to the Subcommittee
on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 5566 in the 117th
Congress.
On November 17, 2021, H.R. 6000 was introduced by
Representatives DeGette (CA-23) and Upton (MI-06) and referred
to the Committee on Energy and Commerce, the Committee on Ways
and Means, the Committee on Budget, the Committee on Science,
Space, and Technology, the Committee on Agriculture, the
Committee on Education and Labor, the Committee on Armed
Services, the Committee on Natural Resources, the Committee on
Veterans' Affairs, the Committee on Homeland Security, and the
Committee on the Judiciary. Subsequently, on October 13, 2021,
the bill was referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 6000 in the 117th
Congress.
On February 3, 2022, H.R. 6584 was introduced by
Representatives Eshoo, Fitzpatrick (PA-01), and Kelly (IL-02)
and referred to the Committee on Energy and Commerce.
Subsequently, on February 4, 2022, the bill was referred to the
Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 6584 in the 117th
Congress.
On March 1, 2022, H.R. 6888 was introduced by
Representatives Tonko (NY-20) and McKinley (WV-01) and referred
to the Committee on Energy and Commerce. Subsequently, on March
2, 2022, the bill was referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 6888 in the 117th
Congress.
On March 7, 2022, H.R. 6963 was introduced by
Representative Pallone and referred to the Committee on Energy
and Commerce. Subsequently, on March 8, 2022, the bill was
referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 6963 in the 117th
Congress.
On March 8, 2022, H.R. 6973 was introduced by
Representative Carter and referred to the Committee on Energy
and Commerce. Subsequently, on March 9, 2022, the bill was
referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 6973 in the 117th
Congress.
On March 8, 2022, H.R. 6988 was introduced by
Representatives Levin (CA-49) and Joyce (PA-13) and referred to
the Committee on Energy and Commerce. Subsequently, on March 9,
2022, the bill was referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 6988 in the 117th
Congress.
On March 9, 2022, H.R. 7006 was introduced by
Representatives Griffith (VA-09) and Welch (VT-AL) and referred
to the Committee on Energy and Commerce. Subsequently, on March
10, 2022, the bill was referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 7006 in the 117th
Congress.
On March 9, 2022, H.R. 7008 was introduced by
Representative Guthrie and referred to the Committee on Energy
and Commerce. Subsequently, on March 10, 2022, the bill was
referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 7008 in the 117th
Congress.
On March 9, 2022, H.R. 7032 was introduced by
Representative Kuster (NH-02) and referred to the Committee on
Energy and Commerce. Subsequently, on March 10, 2022, the bill
was referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 7032 in the 117th
Congress.
On March 9, 2022, H.R. 7035 was introduced by
Representatives Manning (NC-06) and Hudson (NC-08) and referred
to the Committee on Energy and Commerce. Subsequently, on March
10, 2022, the bill was referred to the Subcommittee on Health.
On March 17, 2022, the Subcommittee on Health held a
hearing on the bill. The Subcommittee received testimony from
Jeff Allen, Ph.D., President and CEO, Friends of Cancer
Research; Cartier Esham, Ph.D., Chief Scientific Officer,
Executive Vice President, Emerging Companies, Biotechnology
Innovation Organization; David Gaugh, Senior Vice President,
Sciences and Regulatory Affairs, Association for Accessible
Medicines; Ruben Mesa, M.D., Executive Director, Mays Cancer
Center, UT Health San Antonio MD Anderson; Reshma Ramachandran,
M.D., Chair, Doctors for America FDA Task Force, Physician-
Fellow, Yale National Clinician Scholars Program, Yale School
of Medicine; and Lucy Vereshchagina, Ph.D., Vice President,
Science and Regulatory Advocacy. Pharmaceutical Research and
Manufacturers of America.
No further action was taken on H.R. 7035 in the 117th
Congress.
On March 15, 2022, H.R. 7084 was introduced by
Representative Burgess and referred to the Committee on Energy
and Commerce. Subsequently, on March 16, 2022, the bill was
referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
March 30, 2022, on the bill. The Subcommittee received
testimony from Jeff Shuren, M.D., Director, Center for Devices
and Radiological Health, Food and Drug Administration; Richard
J. Kovacs, M.D., Q.E. and Sally Russell Professor of Medicine,
Indiana University School of Medicine, Chief Medical Officer,
American College of Cardiology; Mark Leahey, President & CEO,
Medical Device Manufacturers Association; Janet Trunzo, Senior
Executive Vice President, Technology and Regulatory Affairs,
Advanced Medical Technology Association (AdvaMed); and Diane
Wurzburger, Executive of Regulatory Affairs, GE Healthcare.
No further action was taken on H.R. 7084 in the 117th
Congress.
On March 21, 2022, H.R. 7192 was introduced by
Representative Schrier (WA-08) and referred to the Committee on
Energy and Commerce. Subsequently, on March 22, 2022, the bill
was referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
March 30, 2022, on the bill. The Subcommittee received
testimony from Jeff Shuren, M.D., Director, Center for Devices
and Radiological Health, Food and Drug Administration; Richard
J. Kovacs, M.D., Q.E. and Sally Russell Professor of Medicine,
Indiana University School of Medicine, Chief Medical Officer,
American College of Cardiology; Mark Leahey, President & CEO,
Medical Device Manufacturers Association; Janet Trunzo, Senior
Executive Vice President, Technology and Regulatory Affairs,
Advanced Medical Technology Association (AdvaMed); and Diane
Wurzburger, Executive of Regulatory Affairs, GE Healthcare.
No further action was taken on H.R. 7192 in the 117th
Congress. Provisions of H.R. 7192 were incorporated into H.R.
2617, the ``Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2023.''
Build Back Better Act
H.R. 5376 (H.R. 801, H.R. 851, H.R. 909, H.R. 925, H.R. 937, H.R. 943,
H.R. 957, H.R. 1118, H.R. 1212, H.R. 1717, H.R. 1738, H.R. 1791, H.R.
1878, H.R. 1880, H.R. 2815, H.R. 3407, H.R. 3671, H.R. 4131, H.R. 4387,
H.R. 5576)
To provide funding, establish programs, and otherwise
modifies provisions relating to a broad array of areas,
including education, labor, childcare, health care, taxes,
immigration, and the environment.
Summary
Title III, Subtitle E, Section 30602 incorporates H.R. 1878
to make available $10 billion annually to states for calendar
years 2023 through 2025, providing the option for states to
establish a state reinsurance program or use the funds to
provide financial assistance to reduce out-of-pocket costs. It
also requires CMS to establish and implement a reinsurance
program in states that do not apply for federal funding.
Title III, Subtitle F, Sections 30711-30714 incorporate
H.R. 4131 to provide grants to states to develop plans to
expand access to home and community-based services (HCBS) and
strengthen the HCBS workforce, provide states with a permanent
six percentage point increase to the federal medical assistance
percentage (FMAP) if the state implements an HCBS improvement
program to strengthen and expand HCBS, require the Secretary of
Health and Human Services (HHS) to report on the implementation
and outcomes of state HCBS improvement programs, and require
HHS to develop and publish HCBS quality measures for state
Medicaid programs.
Title III, Subtitle F, Section 30715 incorporates H.R. 1717
to permanently extend the protection against spousal
impoverishment for individuals whose partners receive Medicaid
HCBS.
Title III, Subtitle F, Section 30716 incorporates H.R. 1880
to provide permanent funding for the Money Follows the Person
Rebalancing Demonstration to help states transition
beneficiaries out of institutions and into HCBS.
Title III, Subtitle F, Section 30721 incorporates part of
H.R. 3407 to expand continuous Medicaid and CHIP coverage for
pregnant and postpartum individuals to one year post-pregnancy.
Title III, Subtitle F, Section 30741 incorporates H.R. 1738
to provide 12 months of continuous eligibility to children
enrolled in Medicaid and CHIP. It also incorporates H.R. 955 to
extend Medicaid eligibility to incarcerate individuals 30 days
prior to their release.
Title III, Subtitle F, Section 30742 incorporates H.R. 5576
to allow states to apply the requirements of the Medicaid Drug
Rebate Program to cover outpatient drugs under CHIP.
Title III, Subtitle G, Section 30801 incorporates H.R. 1791
to permanently authorize funding for CHIP.
Title III, Subtitle H, Section 30901 incorporates H.R. 1118
to provide coverage for hearing care under the Medicare
program.
Title III, Subtitle I, Section 31003 incorporates H.R. 3671
to provide funding for payments to teaching health centers that
operate graduate medical education programs and for the
awarding of teaching health center development grants. In
making such grants, the Secretary of Health and Human Services
(HHS) shall prioritize payments and awards to states or
territories in which there is no existing qualified teaching
health center.
Title III, Subtitle I, Section 31007 incorporates H.R. 801
to providing funding for the establishment, improvement, or
expansion of schools of medicine in particular in underserved
communities and with priority given to minority-serving
institutions.
Title III, Subtitle I, Section 31008 incorporates H.R. 851
to authorize HRSA to award grants to nursing schools in
underserved areas to enhance and modernize nursing education
programs and increase capacity in underserved areas.
Title III, Subtitle I, Section 31031 incorporates part of
H.R. 943 to provide funding to award grants to address social
determinants of maternal health for pregnant and postpartum
individuals.
Title III, Subtitle I, Sections 31034-31035 incorporate
parts of H.R. 4387 to provide funding to award grants to
accredited schools of nursing to grow and diversify the
perinatal nursing workforce and to carry out a program to
establish or support perinatal quality collaboratives to
improve perinatal care and perinatal health outcomes for
pregnant and postpartum individuals and their infants.
Title III, Subtitle I, Section 31036 incorporates H.R. 909
to provide funding to award grants to establish or expand
programs to grow and diversify the maternal mental health and
substance use disorder treatment workforce.
Title III, Subtitle I, Section 31038 incorporates H.R. 957
to provide funding to award grants to support the development
and integration of education and training programs for
identifying and addressing risks associated with extreme heat,
air pollution, and climate change on maternal health, including
pregnant, lactating, or postpartum individuals.
Title III, Subtitle I, Section 31041 incorporates part of
H.R. 925 to provide funding to promote community engagement in
maternal mortality review committees (MMRCs).
Title III, Subtitle I, Sections 31046-31047 incorporate
H.R. 937 to provide funding to award grants to expand the use
of technology-enabled collaborative learning and capacity
building models for pregnant and postpartum individuals and to
reduce racial and ethnic disparities in maternal health
outcomes by increasing access to digital tools related to
maternal health care.
Title III, Subtitle I, Section 31048 incorporates H.R. 1212
to provide funding to award grants to develop, disseminate,
review, research, and evaluate training for health
professionals, with a focus on maternal health providers, to
reduce discrimination and bias in the provision of health care,
with a focus on maternal health care.
Title XIII, Subtitle I, Section 139403 incorporates H.R.
2815 to revise payments beginning on July 1, 2023, for new
biosimilars under Medicare Part B to be the lesser of the 103
percent of the biosimilar's wholesale.
Legislative History
On September 27, 2021, H.R. 5376 was introduced by
Representative Yarmuth (KY-3) and referred to the Committee on
Budget.
On July 1, 2021, the Committee on Appropriations reported
H.R. 5376 to the House (H. Rept. 117-130). On November 19,
2021, H.R. 5376 was passed in the House by a recorded vote of
220 yeas to 213 nays (Roll Call No. 385).
Provisions of Build Back Better were included in the
version of H.R. 5376, the Inflation Reduction Act, that became
law (Public Law: 117-169).
On February 8, 2021, H.R. 925 was introduced by
Representative Davids (KS-03) and 34 original bipartisan
cosponsors and referred to the Committee on Energy and Commerce
and the Committee on Natural Resources. Subsequently, on
February 9, 2021, the bill was referred to the Subcommittee on
Health.
The Subcommittee on Health held a legislative hearing on
June 24, 2021, on the bill. The Subcommittee received testimony
from Romilla Batra, M.D., M.B.A., Chief Medical Officer, SCAN
Health Plan; Beth Blauer, Executive Director, Johns Hopkins
University Centers for Civic Impact; Karen DeSalvo, M.D.,
M.P.H, M.Sc., Chief Health Officer, Google Health; Faisel Syed,
M.D., National Director of Primary Care, ChenMed; and Kara Odom
Walker, M.D., M.P.H., M.S.H.S., Executive Vice President and
Chief Population Health Officer, Nemours Children's Health
System.
On July 15, 2021, the Subcommittee on Health met in open
markup session, pursuant to notice, to consider H.R. 925 and 18
other bills. During consideration of the bill, an amendment in
the nature of a substitute (AINS) offered by Representative
Pallone was agreed to by a voice vote. Upon conclusion of
consideration of the bill, the Subcommittee on Health agreed to
report the bill favorably to the full Committee, amended, by a
voice vote.
No further action was taken on H.R. 925 in the 117th
Congress.
On February 8, 2021, H.R. 943 was introduced by
Representative McBath (GA-06) and 33 original cosponsors and
referred to the Committees on Energy and Commerce; Financial
Services; Transportation and Infrastructure; Agriculture; and
Education and Labor. Subsequently, on February 9, 2021, the
bill was referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
June 24, 2021, on the bill. The Subcommittee received testimony
from Romilla Batra, M.D., M.B.A., Chief Medical Officer, SCAN
Health Plan; Beth Blauer, Executive Director, Johns Hopkins
University Centers for Civic Impact; Karen DeSalvo, M.D.,
M.P.H, M.Sc., Chief Health Officer, Google Health; Faisel Syed,
M.D., National Director of Primary Care, ChenMed; and Kara Odom
Walker, M.D., M.P.H., M.S.H.S., Executive Vice President and
Chief Population Health Officer, Nemours Children's Health
System.
No further action was taken on H.R. 943 in the 117th
Congress.
On March 9, 2021, H.R. 1717 was introduced by
Representatives Upton (MI-06) and Dingell (MI-12) and referred
to the Committee on Energy and Commerce. Subsequently, on March
10, 2021, the bill was referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
March 23, 2021, on the bill. The Subcommittee received
testimony from Katie Keith, Associate Research Professor,
Georgetown University; Dean Cameron, Director, Idaho Department
of Insurance; Cindy Mann, Partner, Manatt, Phelps & Phillips,
LLP; Marni Jameson Carey, Executive Director, Association of
Independent Doctors; and Laura LeBrun Hatcher, Board Vice
President, Little Lobbyists.
No further action was taken on H.R. 1717 in the 117th
Congress.
On March 10, 2021, H.R. 1738 was introduced by
Representatives Dingell (MI-12) and Katko (NY-24) and referred
to the Committee on Energy and Commerce. Subsequently, on March
11, 2021, the bill was referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
March 23, 2021, on the bill. The Subcommittee received
testimony from Katie Keith, Associate Research Professor,
Georgetown University; Dean Cameron, Director, Idaho Department
of Insurance; Cindy Mann, Partner, Manatt, Phelps & Phillips,
LLP; Marni Jameson Carey, Executive Director, Association of
Independent Doctors; and Laura LeBrun Hatcher, Board Vice
President, Little Lobbyists.
No further action was taken on H.R. 1738 in the 117th
Congress.
On March 11, 2021, H.R. 1791 was introduced by
Representative Barragan (CA-44) and six original cosponsors and
referred to the Committee on Energy and Commerce. Subsequently,
on March 11, 2021, the bill was referred to the Subcommittee on
Health.
The Subcommittee on Health held a legislative hearing on
March 23, 2021, on the bill. The Subcommittee received
testimony from Katie Keith, Associate Research Professor,
Georgetown University; Dean Cameron, Director, Idaho Department
of Insurance; Cindy Mann, Partner, Manatt, Phelps & Phillips,
LLP; Marni Jameson Carey, Executive Director, Association of
Independent Doctors; and Laura LeBrun Hatcher, Board Vice
President, Little Lobbyists.
No further action was taken on H.R. 1791 in the 117th
Congress.
On March 12, 2021, H.R. 1878 was introduced by
Representatives Craig (MN-02) and Peters (CA-52) and referred
to the Committee on Energy and Commerce. Subsequently, on March
16, 2021, the bill was referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
March 23, 2021, on the bill. The Subcommittee received
testimony from Katie Keith, Associate Research Professor,
Georgetown University; Dean Cameron, Director, Idaho Department
of Insurance; Cindy Mann, Partner, Manatt, Phelps & Phillips,
LLP; Marni Jameson Carey, Executive Director, Association of
Independent Doctors; and Laura LeBrun Hatcher, Board Vice
President, Little Lobbyists.
No further action was taken on H.R. 1878 in the 117th
Congress.
On March 12, 2021, H.R. 1880 was introduced by
Representative Dingell and referred to the Committee on Energy
and Commerce. Subsequently, on March 16, 2021, the bill was
referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
March 23, 2021, on the bill. The Subcommittee received
testimony from Katie Keith, Associate Research Professor,
Georgetown University; Dean Cameron, Director, Idaho Department
of Insurance; Cindy Mann, Partner, Manatt, Phelps & Phillips,
LLP; Marni Jameson Carey, Executive Director, Association of
Independent Doctors; and Laura LeBrun Hatcher, Board Vice
President, Little Lobbyists.
No further action was taken on H.R. 1880 in the 117th
Congress.
On April 22, 2021, H.R. 2815 was introduced by
Representatives Schrader (OR-05) and Kinzinger (IL-16) and
referred to the Committee on Energy and Commerce and the
Committee on Ways and Means. Subsequently, on April 23, 2021,
the bill was referred to the Subcommittee on Health.
The Subcommittee on Health held a legislative hearing on
May 4, 2021, on the bill. The Subcommittee received testimony
from Therese Ball, Patient; Michael A. Carrier, Distinguished
Professor of Law, Rutgers Law School; Rachel Sachs, Associate
Professor of Law, Washington University in St. Louis, School of
Law; Gaurav Gupta, M.D., M.S.E., Founder, Ascendant BioCapital;
and Khrystal K. Davis, J.D., Rare Disease Caregiver & Patient
Advocate, Texas Rare Alliance Founding President.
No further action was taken on H.R. 2815 in the 117th
Congress.
On July 9, 2021, H.R. 4387 was introduced by Representative
Kelly (IL-02) and five original bipartisan cosponsors and
referred to the Committee on Energy and Commerce. Subsequently,
on July 12, 2021, the bill was referred to the Subcommittee on
Health.
On July 15, 2021, the Subcommittee on Health met in open
markup session, pursuant to notice, to consider H.R. 4387 and
18 other bills. No amendments were offered during consideration
of the bill. Upon conclusion of consideration of the bill, the
Subcommittee on Health agreed to report the bill favorably to
the full Committee, without amendment, by a voice vote.
On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4387 and 23 other
bills. No amendments were offered during consideration of the
bill. Upon conclusion of consideration of the bill, the full
Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 4387 reported favorably to the House, without amendment,
by a voice vote.
No further action was taken on H.R. 4387 in the 117th
Congress.
America Creating Opportunities for Manufacturing, Pre-Eminence in
Technology and Economic Strength Act of 2022.
H.R. 4521 (H.R. 6431, H.R. 6483, H.R. 6545)
Addresses U.S. technology and communications, foreign
relations and national security, domestic manufacturing,
education, trade, and other matters.
Summary
Division C, Title IV, Subtitle A, Section 20402
incorporates H.R. 6545 to amend the Federal Food, Drug, and
Cosmetic Act to expand certain authorities with respect to the
recall of controlled substances to apply with respect to all
drugs.
Division C, Title IV, Subtitle A, Section 20403
incorporates H.R. 6483 to direct the FDA to collect additional
information on drugs and the active pharmaceutical ingredients
(APIs) that are manufactured overseas every 3 months instead of
annually.
Division C, Title IV, Subtitle A, Section 20404
incorporates H.R. 6431 to amend the Federal Food, Drug, and
Cosmetic Act to prohibit the alteration, falsification,
fabrication, destruction, omission, or removal of records or
certain information required to be produced or maintained for a
drug.
Legislative History
On July 19, 2021, H.R. 4521 was introduced by
Representatives Johnson (TX-30) and Lucas (OK-03) referred to
the Committee on Science, Space, and Technology, the Committee
on Agriculture, and the Committee on Energy and Commerce.
On January 19, 2022, the Committee on Science, Space, and
Technology reported H.R. 4521 to the House (H. Rept. 117-235,
Part I). On February 2, 2022, H.R. 4521 was considered in the
House. On February 4, 2022, H.R. 4521 was passed in the House,
amended, by a recorded vote of 222 yeas to 210 nays (Roll Call
No. 31).
On February 17, 2022, H.R. 4521 was received in the Senate.
On March 28, 2022, H.R. 4521 passed the Senate having achieved
60 votes in the affirmative, with an amendment by a recorded
vote of 68 yeas to 28 nays (Record Vote Number: 109). On March
29, 2022, the message on Senate action sent to the House.
On March 31, 2022, a motion that the House disagree to the
Senate amendment, and request a conference was agreed to
without objection. On April 4, 2022, the Speaker appointed
conferees--from the Committee on Energy and Commerce for
consideration of the House bill and the Senate amendment, and
modifications committed to conference: Pallone, Eshoo,
Schakowsky, Matsui, Tonko, Blunt Rochester, Soto, Rodgers (WA),
Bucshon, Carter (GA), Duncan, and Crenshaw.
No further action was taken on H.R. 4521 in the 117th
Congress.
On January 19, 2022, H.R. 6431 was introduced, by
Representatives Schrier (WA-08) and Joyce (PA-13) and was
referred to the Committee on Energy and Commerce. Subsequently,
on January 20, 2022, the bill was referred to the Subcommittee
on Health.
No further action was taken on H.R. 6431 in the 117th
Congress.
On January 25, 2022, H.R. 6483 was introduced, by
Representative Eshoo (CA-18) and was referred to the Committee
on Energy and Commerce. Subsequently, on January 26, 2022, the
bill was referred to the Subcommittee on Health.
No further action was taken on H.R. 6483 in the 117th
Congress.
On February 1, 2022, H.R. 6545 was introduced, by
Representative Kim (NJ-03) and was referred to the Committee on
Energy and Commerce. Subsequently, on February 2, 2022, the
bill was referred to the Subcommittee on Health.
No further action was taken on H.R. 6545 in the 117th
Congress.
Childhood Cancer Star Reauthorization Act
S. 4120 (H.R. 7630)
Reauthorizes through FY 2028 and modifies pediatric cancer
research and related programs at the National Cancer Institute
(NCI).
Summary
Reauthorizes through FY 2028 and modifies pediatric cancer
research and related programs at NCI, including to expand
collection of and access to relevant biospecimens and to
support pediatric cancer survivors.
Legislative History
On April 28, 2022, H.R. 7630 was introduced by
Representatives McCaul (TX-10), Speier (CA-14), Butterfield
(NC-01), and Kelly (PA-16) and was referred to the Committee on
Energy and Commerce. Subsequently, on April 29, 2022, H.R. 7630
was referred to the Subcommittee on Health.
No further action was taken on H.R. 7630 in the 117th
Congress.
On December 5, 2022, the House considered the Senate
companion to H.R. 7630, S. 4120, which passed the Senate on
December 20, 2022. On December 22, 2022, the House passed S.
4120 under suspension of the rules.
No further action was taken on S. 4120 in the 117th
Congress.
State Offices of Rural Health Program Reauthorization Act of 2022
S. 4978 (H.R. 9137)
Reauthorizes the Health Resources and Services
Administration's (HRSA) State Offices of Rural Health Program
through FY 2027.
Summary
Reauthorizes the Health Resources and Services
Administration's (HRSA) State Offices of Rural Health Program
through FY 2027. This program awards grants to state offices of
rural health for improving health care in rural areas through
research, dissemination of information, and rural health care
coordination efforts.
Legislative History
On October 4, 2022, H.R. 9137 was introduced by
Representatives Mullin (OK-02) and O'Halleran (AZ-01) and was
referred to the Committee on Energy and Commerce. Subsequently,
on October 5, 2022, H.R. 9137 was referred to the Subcommittee
on Health.
No further action was taken on H.R. 9137 in the 117th
Congress.
On December 22, 2022, the House considered the Senate
companion to H.R. 9137, S. 4978, which passed the Senate on
December 19, 2022. On December 22, 2022, the House passed S.
4978 under suspension of the rules.
No further action was taken on S. 4978 in the 117th
Congress.
Of Inquiry Requesting the President and Directing the Secretary of
Health and Human Services To Transmit, Respectively, Certain Documents
to the House of Representatives Relating to Any Covid-19 Vaccine
H. RES. 1244
This resolution directs the Department of Health and Human
Services to provide the House of Representatives with certain
information and documents that refer or relate to any COVID-19
vaccine. The resolution also requests such information and
documents from the President.
Summary
H. Res. 1244 requests from the President and directs the
Secretary of Health and Human Services (HHS) to transmit copies
of any document, record, memorandum, correspondence, or other
recorded communication that refers or relates to any COVID-19
vaccine.
Legislative History
H. Res. 1244 was introduced on July 21, 2022, by
Representative Gosar (AZ-04) and was referred to the Committee
on Energy and Commerce. Subsequently, on July 22, 2022, the
resolution was referred to the Subcommittee on Health. The
resolution was discharged from the Subcommittee on Health on
September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1244, without amendment, adversely
reported to the House by a recorded vote of 32 yeas and 22
nays.
On September 28, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1355 to the House (H. Rept. 117-
516), and it was placed on the House Calendar, Calendar No.
124.
No further action was taken on H. Res. 1244 in the 117th
Congress.
Of Inquiry Directing the Secretary of Health and Human Services To
Provide Certain Documentation to the House of Representatives Relating
to the Calculation of Certain Expenditure Limitations Applicable to
Federal Funding of the Medicaid Program in Puerto Rico
H. RES. 1258
This resolution requests from the President and directs the
Secretary of Health and Human Services (HHS) to transmit copies
of any document, record, memorandum, correspondence, or other
recorded communication that refers or relates to any COVID-19
vaccine.
Summary
H. Res. 1258 directs the Secretary of HHS to provide
documents or communication from before September 7, 2021, that
relate to the interpretation of section 1108 of the Social
Security Act relating to the calculation of the federal
Medicaid allotment for Puerto Rico for FY 2022 and beyond. It
also directs the Secretary of HHS to provide communications
between HHS and the Government Accountability Office (GAO) that
relate to the Comptroller General's legal analysis of the
Puerto Rico federal Medicaid allotment as required by P.L. 117-
43.
Legislative History
H. Res. 1258 was introduced on July 26, 2022, by
Representative Dunn (FL-02) and was referred to the Committee
on Energy and Commerce. Subsequently, on July 27, 2022, the
resolution was referred to the Subcommittee on Health. The
resolution was discharged from the Subcommittee on Health on
September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1258, without amendment, adversely
reported to the House by a recorded vote of 32 yeas and 22
nays.
On September 29, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1258 to the House (H. Rept. 117-
530), and it was placed on the House Calendar, Calendar No.
136.
No further action was taken on H. Res. 1258 in the 117th
Congress.
Of Inquiry Directing the President To Provide Certain Documents in the
President's Possession to the House of Representatives Relating to
Covid-19 Funding
H. RES. 1263
This resolution directs the President to provide certain
information and documents that concern COVID-19 funding,
including projections used to develop the COVID-19 supplemental
funding request in the spring of 2022 and an accounting of
funds made available under the American Rescue Plan Act of 2021
that have not been obligated or expended.
Summary
H. Res. 1263 would direct the President to, not later than
14 days after the adoption of the resolution, furnish to the
House of Representatives copies of any document or
communication in the President's possession that refers or
relates to (1) the data, modeling, and projections used by the
President to develop the COVID-19 supplemental funding request
in the spring of 2022; (2) an accounting of funds that were
made available by the American Rescue Plan Act and have not
been obligated or expended; and (3) an accounting of funds
obligated or expended by the executive branch for COVID-19 at-
home test kits.
Legislative History
H. Res. 1263 was introduced on July 26, 2022, by
Representative Bucshon (IN-08) and was referred to the
Committee on Energy and Commerce. Subsequently, on July 27,
2022, the resolution was referred to the Subcommittee on
Health. The resolution was discharged from the Subcommittee on
Health on September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1263, without amendment, adversely
reported to the House by a recorded vote of 30 yeas and 24
nays.
On September 29, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1263 to the House (H. Rept. 117-
532), and it was placed on the House Calendar, Calendar No.
138.
No further action was taken on H. Res. 1263 in the 117th
Congress.
Of Inquiry Directing the President To Provide Certain Documents in the
President's Possession to the House of Representatives Relating to the
Oversight of the Wuhan Institute of Virology Laboratory by the Director
of the National Institutes of Health
H. RES. 1267
This resolution directs the President to provide, within 14
days, certain information and documents that refer or relate to
oversight of the Wuhan Institute of Virology laboratory by the
National Institutes of Health (NIH). This includes matters
concerning (1) the NIH's determination that the laboratory's
research was not anticipated to confer an attribute on a
pathogen to enhance its pathogenicity or transmissibility
(i.e., gain-of-function research), and (2) the laboratory's
standard operating procedures for working with novel
coronaviruses.
Summary
H. Res. 1267 directs the President to furnish to the House
of Representatives copies of documents or communications in the
possession of the Director of the National Institutes of Health
that refers or relates to oversight of the Wuhan Institute of
Virology laboratory by the Director, including any such
document or communication specifying (1) the names of the staff
involved in reviewing the research conducted at the Wuhan
Institute of Virology; (2) the details on the scope of such
review and the process for how such review was conducted; (3)
the review of the biosafety training, practices, and procedures
of the Wuhan Institute of Virology; and (4) information related
to the standard operating procedures of the Wuhan Institute of
Virology laboratory for working with novel coronaviruses.
Legislative History
H. Res. 1267 was introduced on July 26, 2022, by
Representative Griffith (VA-09) and was referred to the
Committee on Energy and Commerce. Subsequently, on July 27,
2022, the resolution was referred to the Subcommittee on
Health. The resolution was discharged from the Subcommittee on
Health on September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1267, without amendment, adversely
reported to the House by a recorded vote of 32 yeas and 23
nays.
On September 30, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1267 to the House (H. Rept. 117-
537), and it was placed on the House Calendar, Calendar No.
143.
No further action was taken on H. Res. 1267 in the 117th
Congress.
Of Inquiry Directing the President To Provide Certain Documents in the
President's Possession to the House of Representatives Relating to
Actions Taken by the Secretary of Health and Human Services Related to
the Covid-19 Pandemic Response
H. RES. 1268
This resolution directs the President to provide, within 14
days, certain information and documents that refer or relate to
activities of the Secretary of the Department of Health and
Human Services (HHS) undertaken as part of the COVID-19
response. This includes matters concerning the number of in-
person meetings attended by the Secretary and costs incurred as
a result of the Secretary working from locations other than HHS
headquarters.
Summary
H. Res. 1268 directs the President to furnish the House of
Representatives copies of documents or communication in the
President's possession that refers or relates to actions taken
by the Secretary of HHS related to the COVID-19 pandemic
response. H. Res. 1268 requires that the President disclose the
number of in-person meetings that the Secretary has taken on
the topic of the COVID-19 response; visits the Secretary has
taken to the National Institutes of Health, the Centers for
Disease Control and Prevention, and the Food and Drug
Administration; days that the Secretary has worked from
Washington, D.C., and California; and work trips taken by the
Secretary. It also requires the disclosure of expenses incurred
during the Secretary's travel and an accounting of
accommodations made for the Secretary's work at alternative
locations. Finally, it requires an account of delegations of
authority executed and the number of classified COVID-19
briefings attended by the Secretary.
Legislative History
H. Res. 1268 was introduced on July 26, 2022, by
Representative Guthrie (KY-02) and was referred to the
Committee on Energy and Commerce. Subsequently, on July 27,
2022, the resolution was referred to the Subcommittee on
Health. The resolution was discharged from the Subcommittee on
Health on September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1268, without amendment, adversely
reported to the House by a recorded vote of 31 yeas and 23
nays.
On September 29, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1268 to the House (H. Rept. 117-
531), and it was placed on the House Calendar, Calendar No.
137.
No further action was taken on H. Res. 1268 in the 117th
Congress.
Of Inquiry Directing the President To Provide Certain Documents in the
President's Possession to the House of Representatives Relating to
Communications by or Among Any of the Department of Health and Human
Services, the Office of National Drug Control Policy, the White House,
the Drug Enforcement Administration, and the Department of Justice
Related to the Executive Branch's Recommendations for a Long Term,
Consensus Approach To Reduce the Supply and Availability of Illicitly
Manufactured Fentanyl-Related Substances in the United States
H. RES. 1274
This resolution directs the President to provide, within 14
days, certain information and documents concerning
communications between the Department of Health and Human
Services, the White House, the Department of Justice, and other
agencies about recommendations for reducing the supply of
illicitly manufactured fentanyl-related substances.
Summary
H. Res. 1274 directs the President to furnish to the House
of Representatives copies of any document or communication in
the President's possession that refers or relates to
communications by or among any of the HHS, the Office of
National Drug Control Policy, the White House, the Drug
Enforcement Administration, and the Department of Justice
related to the executive branch's recommendations for a long-
term, consensus approach to reduce the supply and availability
of illicitly manufactured fentanyl-related substances in the
United States.
Legislative History
H. Res. 1274 was introduced on July 26, 2022, by
Representative Latta (OH-05) and was referred to the Committee
on Energy and Commerce. Subsequently, on July 27, 2022, the
resolution was referred to the Subcommittee on Health. The
resolution was discharged from the Subcommittee on Health on
September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1274, without amendment, reported
without recommendation to the House by a recorded vote of 32
yeas and 22 nays.
On September 29, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1274 to the House (H. Rept. 117
527), and it was placed on the House Calendar, Calendar No.
133.
No further action was taken on H. Res. 1274 in the 117th
Congress.
Of Inquiry Directing the President To Provide Certain Documents in the
President's Possession to the House of Representatives Relating to
Communications by Staff of the White House Regarding the Implications
of Revoking the Public Health Orders Commonly Referred to as ``Title
42''
H. RES. 1275
This resolution directs the President to provide, within 14
days, certain information and documents concerning the
revocation of emergency orders restricting entries and imports
into the United States to prevent the introduction and spread
of COVID-19. In particular, the President must provide
materials that address the implications of the revocation on
(1) the number of border crossings, (2) public health, and (3)
potential increases in the amount of fentanyl entering the
United States.
Summary
H. Res. 1275 directs the President to furnish to the House
of Representatives copies of any document or communication in
the President's possession that refers or relates to
communications by staff of the White House with outside groups
and experts regarding the implications of revoking the public
health orders commonly referred to as ``title 42.''
Legislative History
H. Res. 1275 was introduced on July 26, 2022, by
Representative Lesko (AK-08) and was referred to the Committee
on Energy and Commerce. Subsequently, on July 27, 2022, the
resolution was referred to the Subcommittee on Health. The
resolution was discharged from the Subcommittee on Health on
September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1275, without amendment, reported
without recommendation to the House by a record vote of 32 yeas
and 23 nays.
On September 29, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1274 to the House (H. Rept. 117-
528), and it was placed on the House Calendar, Calendar No.
134.
No further action was taken on H. Res. 1275 in the 117th
Congress.
Of Inquiry Directing the Secretary of Health and Human Services To
Provide Certain Documentation to the House of Representatives Relating
to the Negotiation of Prices for Prescription Drugs Under the Medicare
Prescription Drug Program
H. RES. 1284
This resolution directs the Department of Health and Human
Services (HHS) to furnish to the House of Representatives any
external or internal communications of the White House
regarding the implications of imposing certain penalties on
drug manufacturers that do not comply with HHS price
negotiations under the Medicare prescription drug benefit.
Summary
H. Res. 1284 directs the Secretary of HHS to furnish to the
House of Representatives copies of any document, audio
recording, memorandum, call log, correspondence, or other
communication in the Secretary's possession that refers or
relates to communications by staff of the White House relating
to the negotiation of prices for prescription drugs under the
Medicare prescription drug program.
Legislative History
H. Res. 1284 was introduced on July 26, 2022, by
Representative Rodgers (WA-05) and was referred to the
Committee on Energy and Commerce. Subsequently, on July 27,
2022, the resolution was referred to the Subcommittee on
Health. The resolution was discharged from the Subcommittee on
Health on September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1284, without amendment, adversely
reported to the House by a record vote of 31 yeas and 22 nays.
On September 30, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1284 to the House (H. Rept. 117-
534), and it was placed on the House Calendar, Calendar No.
140.
No further action was taken on H. Res. 1284 in the 117th
Congress.
Of Inquiry Directing the President To Provide Certain Documents in the
President's Possession to the House of Representatives Relating to the
Recall of Infant Formula Manufactured by Abbott Laboratories and
Potential Impacts on the Infant Formula Supply Chain
H. RES. 1287
This resolution directs the President to furnish to the
House of Representatives any documents or communications
relating to the recall of infant formula manufactured by Abbott
Laboratories, particularly communications involving the Food
and Drug Administration.
Summary
H. Res. 1287 directs the President to furnish copies of any
document or record, audio recording, memorandum, call log,
correspondence, or other communication in the President's
possession referring or relating to (1) the memoranda and
report referenced by Dr. Califf, Commissioner of the Food and
Drug Administration (FDA), related to infant formula recall at
the May 25, 2022, hearing of the Subcommittee on Oversight and
Investigations; (2) all communications between the Commissioner
and other FDA staff related to infant formula recall prior to
February 2022; (3) the failure of FDA to ensure the
whistleblower complaint submitted to the agency by an employee
of Abbott Laboratories was sent to all necessary and
appropriate officials and what actions FDA has taken to prevent
such a failure from happening in the future; (4) the number of
full-time equivalent positions in the FDA Office of Regulatory
Affairs that remain vacant for food safety compliance and
inspection staff; (5) all communications between FDA and the
Department of Agriculture about the recall of infant formula
manufactured by Abbott Laboratories and the potential impact on
the Special Supplemental Nutrition Program for Women, Infants,
and Children (WIC), including the timing of such
communications; and (6) the 8 number of submissions pending at
FDA as of the date of the adoption of the resolution for the
marketing of infant formula, delineated by domestic and foreign
manufacturers.
Legislative History
H. Res. 1287 was introduced on July 26, 2022, by
Representative Walberg (MI-07) and was referred to the
Committee on Energy and Commerce. Subsequently, on July 27,
2022, the resolution was referred to the Subcommittee on
Health. The resolution was discharged from the Subcommittee on
Health on September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1287, without amendment, favorably
reported to the House by a record vote of 56 yeas and zero
nays.
On September 30, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1287 to the House (H. Rept. 117-
538), and it was placed on the House Calendar, Calendar No.
144.
No further action was taken on H. Res. 1287 in the 117th
Congress.
Of Inquiry Requesting the President and Directing the Secretary of
Health and Human Services To Transmit, Respectively, Certain Documents
to the House of Representatives Relating to Ivermectin
H. RES. 1355
This resolution requests from the President and directs the
Secretary of HHS to transmit copies of any document, record,
memorandum, correspondence, or other recorded communication
that refers or relates to ivermectin.
Summary
H. Res. 1355 requests from the President and directs the
Secretary of HHS to transmit copies of any document, record,
memorandum, correspondence, or other recorded communication
that refers or relates to ivermectin, a drug approved in humans
to treat conditions caused by parasitic worms and treat other
parasites and approved for use in animals to prevent heartworm
and treat other parasites.
Legislative History
H. Res. 1355 was introduced on September 15, 2022, by
Representative Gosar (AZ-04) and was referred to the Committee
on Energy and Commerce. Subsequently, on September 16, 2022,
the resolution was referred to the Subcommittee on Health. The
resolution was discharged from the Subcommittee on Health on
September 21, 2022.
On September 21, 2022, the Committee met in open markup
session and ordered H. Res. 1355, without amendment, adversely
reported to the House by a recorded vote of 32 yeas and 21
nays.
On September 28, 2022, the Committee on Energy and Commerce
adversely reported H. Res. 1355 to the House (H. Rept. 117-
529), and it was placed on the House Calendar, Calendar No.
135.
No further action was taken on H. Res. 1355 in the 117th
Congress.
OVERSIGHT ACTIVITIES
Road to Recovery: Ramping Up COVID-19 Vaccines, Testing, and Medical
Supply Chain
On February 3, 2021, the Subcommittee on Health held a
hearing entitled, ``Road to Recovery: Ramping Up COVID-19
Vaccines, Testing, and Medical Supply Chain.'' The purpose of
this hearing was to examine the COVID-19 response in the United
States, including availability of accessible and reliable
tests, continued access to personal protective equipment and
medical supplies, and equitable distribution of vaccines. The
subcommittee received testimony from Luciana Borio, Vice
President, In-Q-Tel, Former Acting Chief Scientist, Food and
Drug Administration, Former Director for Medical and Biodefense
Preparedness, National Security Council; Greg Burel, President
and Principal Consultant, Hamilton Grace, Former Director,
United States Strategic National Stockpile; the Honorable
Michael O. Leavitt, Founder and Chair, Levitt Partners, Former
Secretary of Health and Human Services, Former Governor of
Utah; and Julie Morita, Executive Vice President, Robert Wood
Johnson Foundation.
The Future of Telehealth: How COVID-19 Is Changing the Delivery of
Virtual Care
On March 2, 2021, the Subcommittee on Health held a hearing
entitled, ``The Future of Telehealth: How COVID-19 is Changing
the Delivery of Virtual Care.'' The purpose of this hearing was
to examine how the COVID-19 public health emergency has changed
the flexibilities around telehealth, including related to
Medicare, cost sharing, privacy and security, state licensure,
controlled substances, private insurance, and Medicaid. The
subcommittee received testimony from Megan R. Mahoney, Chief of
Staff, Stanford Health Care; Ateev Mehrotra, Associate
Professor of Health Care Policy, Harvard Medical School;
Elizabeth Mitchell, President and CEO, Purchaser Business Group
on Health; Jack Resneck, Jr., Board of Trustees, American
Medical Association; Frederic Riccardi, President, Medicare
Rights Center.
Averting a Crisis: Protecting Access to Health Care in the U.S.
Territories
On March 17, 2021, the Subcommittee on Health held a
hearing entitled, ``Averting a Crisis, Protecting Access to
Health Care in the U.S. Territories.'' The purpose of this
hearing was to examine the chronic underfunding of Medicaid in
the U.S. territories. The subcommittee received testimony from
the Honorable Gregorio Kilili Camacho Sablan, Member of
Congress, Commonwealth of the Northern Mariana Islands; the
Honorable Aumua Amata Coleman Radewagen, Member of Congress,
American Samoa; the Honorable Stacey E. Plaskett, Member of
Congress, U.S. Virgin Islands; the Honorable Jenniffer
Gonzalez-Colon, Member of Congress, Puerto Rico; the Honorable
Michael F.Q. San Nicolas, Member of Congress, Guam; Anne
Schwartz, Executive Director, Medicaid and CHIP Payment and
Access Commission; and Carolyn Yocom, Government Accountability
Office.
The Long Haul: Forging a Path Through the Lingering Effects of COVID-19
On April 28, 2021, the Subcommittee on Health held a
hearing entitled, ``The Long Haul: Forging a Path Through the
Lingering Effects of COVID-19.'' The purpose of this hearing
was to examine what was known about long COVID and what was
being done to address it. The subcommittee received testimony
from Francis Collins, Director, National Institutes of Health;
John T. Brooks, Chief Medical Officer, CDC COVID-19 Response,
Centers for Disease Control and Prevention; Steven Deeks,
Professor of Medicine, University of California, San Francisco;
Jennifer Possick, Associate Professor, Section of Pulmonary,
Critical Care and Sleep Medicine, Yale School of Medicine,
Director, Post-COVID Recovery Program, Winchester Center for
Lung Disease, Yale-New Haven Hospital; Natalie Hakala, Patient,
Eugene, OR; Lisa McCorkell, Patient, Oakland, CA; and Chimere
Smith, Patient, Baltimore, MD.
The Fiscal Year 2022 HHS Budget
On May 12, 2021, the Subcommittee on Health held a hearing
entitled, ``The Fiscal Year 2022 HHS Budget.'' The purpose of
this hearing was to examine the President's fiscal year 2022
budget for the U.S. Department of Health and Human Services.
The Subcommittee received testimony from the Honorable Xavier
Becerra, Secretary, U.S. Department of Health and Human
Services.
The Path Forward: Advancing Treatments and Cures for Neurodegenerative
Diseases
On July 29, 2021, the Subcommittee on Health held a hearing
entitled, ``The Path Forward: Advancing Treatments and Cures
for Neurodegenerative Diseases.'' The purpose of this hearing
was to examine federal neurodegenerative disease research and
development of treatments and cures. The Subcommittee received
testimony from Patrizia Cavazzoni, Director, Center for Drug
Evaluation and Research, U.S. Food and Drug Administration;
Richard J. Hodes, Director, National Institute on Aging,
National Institutes of Health; Walter J. Koroshetz, Director,
National Institute of Neurological Disorders and Stroke,
National Institutes of Health; Jinsy Andrews, Director of
Neuromuscular Clinical Trials, Neurological Institute of New
York, Associate Professor of Neurology, Columbia University
Vagelos College of Physicians and Surgeons; Kala Booth,
Huntington's Disease Caregiver and Patient; Merit Cudkowicz,
Director, Sean M. Healy and AMG Center for ALS, Chief,
Neurology Department, Massachusetts General Hospital, Julianne
Dorn Professor of Neurology, Harvard Medical School; Cartier
Esham, Executive Vice President, Emerging Companies, Senior
Vice President, Science and Regulatory Affairs, Biotechnology
Innovation Organization; Yvonne Latty, Caregiver; and Brian
Wallach, Co-Founder, I AM ALS.
The Overdose Crisis: Interagency Proposal To Combat Illicit Fentanyl-
Related Substances
On December 2, 2021, the Subcommittee on Health held a
hearing entitled, ``The Overdose Crisis: Interagency Proposal
to Combat Illicit Fentanyl-Related Substances.'' The purpose of
this hearing was to examine the fentanyl epidemic, the
regulatory response, and the Biden Administration's interagency
proposal to address illicit fentanyl-related substances in the
United States. The Subcommittee received testimony from Kemp L.
Chester, Assistant Director, Executive Office of the President,
Office of National Drug Control Policy; Louis J. Milione,
Principal Deputy Administrator, U.S. Drug Enforcement
Administration; Lisa O. Monaco, Deputy Attorney General, U.S.
Department of Justice; Douglas Throckmorton, Deputy Director
for Regulatory Programs, Center for Drug Evaluation and
Research, U.S. Food and Drug Administration; and Nora Volkow,
Director, National Institute on Drug Abuse, National Institutes
of Health.
The Future of Biomedicine: Translating Biomedical Research Into
Personalized Health Care
On December 8, 2021, the Subcommittee on Health held a
hearing entitled, ``The Future of Biomedicine: Translating
Biomedical Research into Personalized Health Care.'' The
purpose of this hearing was to examine the current state of
biomedical research in the United States and explore the
opportunities for the future of innovation, investment, and
equity in health care. The Subcommittee received testimony from
Amy Abernethy, President of Clinical Studies Platforms, Verily
Life Sciences; Atul Butte, Distinguished Professor and Director
of the Bakar Computational Health Sciences Institute, UCSF,
Chief Data Scientist, UC Health; Adolph P. Falcon, Executive
Vice President, National Alliance for Hispanic Health; Leroy
Hood, President, Institute for Systems Biology, Affiliate
Professor of Immunology, University of Washington; and Lloyd B.
Minor, Dean, Stanford University School of Medicine.
ARPA-H: The Next Frontier of Biomedical Research
On February 8, 2022, the Subcommittee on Health held a
hearing entitled, ``ARPA-H: The Next Frontier of Biomedical
Research.'' The purpose of this hearing was to examine the
Biden Administration's proposal to establish the Advanced
Research Projects Agency for Health (ARPA-H), and how this
proposal could enhance the landscape of biomedical research.
The subcommittee received testimony from Keith R. Yamamoto,
Vice Chancellor for Science Policy and Strategy, University of
California San Francisco; Esther Krofah, Executive Director,
FasterCures and Center for Public Health at the Milken
Institute; Geoffrey Shiu Fei Ling, CEO, On Demand
Pharmaceuticals, Professor of Neurology, Johns Hopkins
Medicine; Admiral Brett P. Giroir, Former Assistant Secretary
for Health, U.S. Department of Health and Human Services; and
Brian James Miller, Professor of Medicine, John Hopkins
Medicine.
Lessons From the Frontline: COVID-19's Impact on American Health Care
On March 2, 2022, the Subcommittee on Health held a hearing
entitled, ``Lessons from the Frontline: COVID-19's Impact on
American Health Care.'' The purpose of this hearing was to
examine the COVID-19 pandemic's impacts and how providers, the
health care system, and patients can prepare for future
variants and future public health emergencies. The Subcommittee
received testimony from Megan Ranney, Emergency Physician,
Rhode Island Hospital; Tawanda Austin, Chief Nursing Officer,
Emory University Hospital Midtown; Daniel Calac, Chief Medical
Officer, Indian Health Council, Inc.; Laura E. Riley,
Obstetrician and Gynecologist-in-Chief, New York Presbyterian
Hospital; and Lucy McBride, Internist, Private Practice.
The Fiscal Year 2023 HHS Budget
On April 27, 2022, the Subcommittee on Health held a
hearing entitled, ``The Fiscal Year 2023 HHS Budget.'' The
purpose of this hearing was to examine the President's fiscal
year 2023 budget for the U.S. Department of Health and Human
Services. The Subcommittee received testimony from the
Honorable Xavier Becerra, Secretary, U.S. Department of Health
and Human Services.
Subcommittee on Oversight and Investigations
OVERSIGHT ACTIVITIES
No Time To Lose: Solutions To Increase COVID-19 Vaccines in the States
On February 2, 2021, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``No Time to Lose:
Solutions to Increase COVID-19 Vaccinations in the States.''
The purpose of the hearing was to examine the distribution and
administration of the coronavirus disease of 2019 (COVID-19)
vaccines in the United States. The Subcommittee received
testimony from Ngozi Ezike, M.D., Director, Illinois Department
of Public Health; Joneigh S. Khaldun, M.D., M.P.H., F.A.C.E.P.,
Chief Medical Executive and Chief Deputy Director, Michigan
Department of Health and Human Services; Clay Marsh, M.D.,
COVID-19/Coronavirus Czar, West Virginia; Courtney N. Phillips,
Ph.D., Secretary, Louisiana Department of Health; and Jill
Hunsaker Ryan, M.P.H., Executive Director, Colorado Department
of Public Health and Environment.
Pathway to Protection: Expanding Availability of COVID-19 Vaccines
On February 23, 2021, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Pathway to
Protection: Expanding Availability of COVID-19 Vaccines.'' The
purpose of the hearing was to examine manufacturers' ongoing
efforts to develop and expand production of COVID-19 vaccines
in the United States. The Subcommittee received testimony from
John Young, Group President, Chief Business Officer, Pfizer;
Stephen Hoge, M.D., President, Moderna; Richard Nettles, M.D.,
Vice President of Medical Affairs, Janssen Pharmaceutical
Companies, Johnson & Johnson; Ruud Dobber, Ph.D., Executive
Vice President and President, BioPharmaceuticals Business Unit,
AstraZeneca; and John Trizzino, Executive Vice President, Chief
Commercial Officer, and Chief Business Officer, Novavax, Inc.
The Path Forward: Restoring the Vital Mission of EPA
On March 10, 2021, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``The Path Forward:
Restoring the Vital Mission of EPA.'' The purpose of the
hearing was to address the critical need to restore the mission
of U.S. Environmental Protection Agency (EPA) and actions the
agency could take regarding climate change and other urgent
national environmental and public health challenges. The
Subcommittee received testimony from Christine Todd Whitman,
Administrator (2001-2003), EPA; Carol Browner, Administrator
(1993-2001), EPA; Gwendolyn Keyes Fleming, Former Chief of
Staff and Region 4 Regional Administrator, EPA; Wendy Cleland-
Hamnett, Former Principal Deputy Assistant Administrator,
Office of Chemical Safety and Pollution Prevention, EPA; and
John Desking, Ph.D., Director, Bureau of Business & Economic
Research, West Virginia University.
Leading the Way Forward: Biden Administration Actions To Increase
COVID-19 Vaccinations
On March, 17, 2021, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Leading the Way
Forward: Biden Administration Actions to Increase COVID-19
Vaccinations.'' The purpose of the hearing was to examine the
federal government's response to the COVID-19 pandemic and
vaccination efforts in the United States. The Subcommittee
received testimony from Anthony S. Fauci, M.D., Director,
National Institute for Allergy and Infectious Diseases,
National Institutes of Health; Peter Marks, M.D., Ph.D.,
Director, Center for Biologics Evaluation and Research, Food
and Drug Administration; and Rochelle P. Walensky, M.D.,
M.P.H., Director, Centers for Disease Control and Prevention.
Power Struggle: Examining the 2021 Texas Grid Failure
On March 24, 2021, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Power Struggle:
Examining the 2021 Texas Grid Failure.'' The purpose of the
hearing was to examine factors contributing to the February
2021 devastating power crisis in Texas and potential solutions
for improving grid reliability. The Subcommittee received
testimony from Sylvester Turner, Mayor, City of Houston; Bill
Magness, President and Chief Executive Officer, Electric
Reliability Council of Texas; Christi Craddick, Chairman,
Railroad Commission of Texas; Michael Shellenberger, Founder
and President, Environmental Progress; and James Robb,
President and Chief Executive Officer, North American Electric
Reliability Corporation.
A Shot at Normalcy: Building COVID-19 Vaccine Confidence
On May 26, 2021, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``A Shot at Normalcy:
Building COVID-19 Vaccine Confidence.'' The purpose of the
hearing was to explore strategies for increasing confidence in
and uptake of vaccines for the coronavirus disease of 2019
(COVID-19). The Subcommittee received testimony from Nick
Offerman, Actor and Woodworker; Saad Omer, M.B.B.S., Ph.D.,
M.P.H., F.I.D.S.A., Director, Yale Institute for Global Health,
Yale University; J. Nadine Gracia, M.D., M.S.C.E., Executive
Vice President and Chief Operating Officer, Trust for America's
Health; Amy Pisani, M.S., Vaccinate Your Family; and Karen
Shelton, M.D., Director, Mount Rogers Health District, Virginia
Department of Health.
A Humane Response: Prioritizing the Well-Being of Unaccompanied
Children
On June 9, 2021, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``A Humane Response:
Prioritizing the Well-Being of Unaccompanied Children.'' The
purpose of the hearing was to examine the Biden
Administration's efforts to care for unaccompanied children at
the U.S. border. The Subcommittee received testimony from
JooYeun Chang, Acting Assistant Secretary, Administration for
Children and Families, Department of Health and Human Services.
Stopping Digital Thieves: The Growing Threat of Ransomware
On July 20, 2021, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Stopping Digital
Thieves: The Growing Threat of Ransomware.'' The purpose of the
hearing was to examine the growing threats posed by ransomware
to U.S. businesses and critical infrastructure and discuss
recommendations for combatting those threats. The Subcommittee
received testimony from Kemba Walden, Assistant General
Counsel, Microsoft Corporation; Robert M. Lee, Chief Executive
Officer, Dragos; Christian Dameff, M.D., M.S., Assistant
Professor of Emergency Medicine, Biomedical Informatics, and
Computer Science (Affiliate), University of California San
Diego, Medical Director of Cybersecurity, UC San Diego Health;
Charles Carmakal, Senior Vice President and Chief Technical
Officer, FireEye-Mandiant; and Philip Reiner, Chief Executive
Officer, Institute for Security and Technology.
Putting Kids First: Addressing COVID-19's Impacts on Children
On September 22, 2021, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Putting Kids First:
Addressing COVID-19's Impacts on Children.'' The purpose of the
hearing was to explore the impacts of the COVID-19 pandemic on
children and adolescents in the United States. The Subcommittee
received testimony from Lee Savio Beers, M.D., F.A.A.P.,
President, American Academy of Pediatrics; Margaret G. Rush,
M.D., President, Monroe Carell Jr. Children's Hospital at
Vanderbilt; Arthur Evans, Jr., Ph.D., Chief Executive Officer,
American Psychological Association; Kelly Danielpour, Founder,
VaxTeen; and Tracy Beth Hoeg, M.D., Ph.D., Epidemiologist and
Public Health Expert, Private Practice Physician.
Protecting Communities From Industrial Accidents: Revitalizing the
Chemical Safety Board
On September 29, 2021, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Protecting
Communities from Industrial Accidents: Revitalizing the
Chemical Safety Board.'' The purpose of the hearing was to
examine the ongoing mission, governance, staffing, and other
challenges at the Chemical Safety and Hazard Investigation
Board. The Subcommittee received testimony from Katherine A.
Lemos, Ph.D., Chairperson and Chief Executive Officer, Chemical
Safety and Hazard Investigation Board.
Cleaning Up Cryptocurrency: The Energy Impacts of Blockchains
On January 20, 2022, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Cleaning Up
Cryptocurrency: The Energy Impacts of Blockchains.'' The
purpose of the hearing was to examine the energy and
environmental impacts of certain blockchains used in
cryptocurrency mining. The Subcommittee received testimony from
Ari Juels, Weill Family Foundation and Joan and Sanford I.
Weill Professor, Jacobs Technion-Cornell Institute, Cornell
Tech; John Belizaire, Chief Executive Officer, Soluna
Computing, Inc.; Brian Brooks, Chief Executive Officer,
BitFury; Steve Wright, Former Chief Executive Officer, Chelan
County Public Utility District and Bonneville Power
Administration; and Gregory Zerzan, Shareholder, Jordan Ramis
P.C.
Americans in Need: Responding to the National Mental Health Crisis
On February 17, 2022, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Americans in Need:
Responding to the National Mental Health Crisis.'' The purpose
of the hearing was to examine the growing mental health crisis
in the United States. The Subcommittee received testimony from
Lisa Fortuna, M.D., M.P.H., American Psychiatric Association
Member, Vice-Chair of Psychiatry, University of California San
Francisco; Jacqueline Nesi, Ph.D., Assistant Professor of
Psychiatry and Human Behavior, Brown University; Amit Paley,
M.B.A., Chief Executive Officer and Executive Director, The
Trevor Project; Christopher Thomas, Co-Founder, The Defensive
Line; and Elinore McCance-Katz, Ph.D., M.D., Former Assistant
Secretary for Mental Health and Substance Use.
Lessons From the Frontline: COVID-19's Impact on American Health Care
On March 2, 2022, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Lessons from the
Frontline: COVID-19's Impact on American Health Care.'' The
purpose of the hearing was to examine the COVID-19 pandemic's
impacts and how providers, the health care system, and patients
can prepare for future variants and future public health
emergencies. The Subcommittee received testimony from Megan
Ranney, M.D., M.P.H., Emergency Physician, Rhode Island
Hospital; Tawanda Austin, M.S.N., R.N., N.E.-B.C., Chief
Nursing Officer, Emory University Hospital Midtown; Daniel
Calac, M.D., Chief Medical Officer, Indiana Health Council,
Inc.; Laura E. Riley, M.D., Obstetrician and Gynecologist-in-
Chief, New York Presbyterian Hospital; and Lucy McBride, M.D.,
Internist, Private Practice.
Gouged at the Gas Station: Big Oil and America's Pain at the Pump
On April 6, 2022, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Gouged at the Gas
Station: Big Oil and America's Pain at the Pump.'' The purpose
of the hearing was to examine the oil industry's role in the
increase in gasoline prices in the United States. The
Subcommittee received testimony from David Lawler, Chairman and
President, bp America, Inc.; Michael K. Wirth, Chairman and
Chief Executive Officer, Chevron Corporation; Richard E.
Muncrief, President and Chief Executive Officer, Devon Energy
Corporation; Darren W. Woods, Chief Executive Officer,
ExxonMobil; Scott D. Sheffield, Chief Executive Officer,
Pioneer Natural Resources; Gretchen Watkins, President, Shell
USA, Inc.; and Lt. Gen. H.R. McMaster (U.S. Army, retired),
Senior Fellow, Hoover Institution, Stanford University.
Formula Safety and Supply: Protecting the Health of America's Babies
On May 25, 2022, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Formula Safety and
Supply: Protecting the Health of America's Babies.'' The
purpose of the hearing was to examine the nation's infant
formula product recall, shortage, steps taken to increase
supply, and what further actions were necessary to ensure
families' access to safe formula across the country. The
Subcommittee received testimony from Robert M. Califf, M.D.,
Commissioner, Food and Drug Administration; Frank Yiannas,
M.P.H., Deputy Commissions, Food Policy and Response, Food and
Drug Administration; Susan Mayne, Ph.D., Director, Center for
Food Safety and Applied Nutrition, Food and Drug
Administration; Christopher J. Calamari, President, U.S. and
Canada Nutrition, Senior Vice President, Abbott; Scott Fitz,
Vice President, Technical and Production, Gerber Products
Company; and Robert Cleveland, Senior Vice President,
Nutrition, North America and Europe, Reckitt.
Protecting America's Seniors: Oversight of Private Sector Medicare
Advantage Plans
On June 28, 2022, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Protecting America's
Seniors: Oversight of Private Sector Medicare Advantage
Plans.'' The purpose of the hearing was to examine the quality
of care that America's seniors are receiving through Medicare
Advantage plans and the fiscal sustainability of the Medicare
Advantage program. The Subcommittee received testimony from
Erin Bliss, Assistant Inspector General, Office of Evaluation
and Inspection, Office of Inspector General, Department of
Health and Human Services; Leslie Gordon, Acting Director,
Health Care, Government Accountability Office; and James E.
Mathews, Ph.D., Executive Director, Medicare Payment Advisory
Commission.
Roe Reversal: The Impacts of Taking Away the Constitutional Right to an
Abortion
On July 19, 2022, the Subcommittee on Oversight and
Investigations held a hearing entitled, ``Roe Reversal: The
Impacts of Taking Away the Constitutional Right to an
Abortion.'' The purpose of the hearing was to examine the
impact of the Supreme Court's June 24, 2022 Dobbs v. Jackson
Women's Health Organization decision overturning the right to
abortion and the implications for health care access for all
Americans. The Subcommittee received testimony from Renee
Bracey Sherman, M.P.A., Founder and Executive Director, We
Testify; Leah M. Litman, J.D., Assistant Professor of Law,
University of Michigan Law School; Paulina Guerrero, Ph.D.,
National Programs Manager, All-Options; Nisha Verma, M.D.,
M.P.H., FACOG, Fellow, Physicians for Reproductive Health; Jack
Resneck, M.D., President, American Medical Association; and
Christina Francis, M.D., CEO Elect, American Association of
Prolife Obstetricians and Gynecologists.
APPENDIX I
Oversight Plan for the Committee on Energy and Commerce U.S. House of
Representatives, 117th 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 117th Congress. It includes areas where the
Committee expects to conduct oversight during the 117th
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 Crisis
Climate change is a crisis that affects every region of the
country and threatens the economy, the environment, and public
health. In the midst of a severe economic downturn, the
Committee intends to examine opportunities and mechanisms for a
green and just economic recovery for all Americans. The
Committee will focus on the economic, environmental, and health
effects of climate change, including the disproportionate
impacts on low-income communities, communities of color, tribal
communities, and other historically overburdened populations.
The Committee will identify opportunities to reduce negative
impacts, create new businesses and jobs, and make all
communities safer and more resilient. 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 (DOE), the
Environmental Protection Agency (EPA), the Department of Health
and Human Services (HHS), and other agencies within the
Committee's jurisdiction. The Committee plans to examine
governmental and nongovernmental activities and policies to
reduce greenhouse gas emissions. The Committee will also assess
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. The Committee will
conduct 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. This review will include a close
examination of the costs and benefits of Clean Air Act actions,
and the role these analyses have played in perpetuating
disparate air pollution, for historically overburdened
communities. Additionally, 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, including
program transparency and opportunities for that authority to
address climate change and pollution disparities.
Environmental Contamination and Cleanup
The Committee will conduct oversight of EPA's
implementation of the Comprehensive Environmental Response
Compensation & Liability Act (CERCLA). This will include the
cleanup of sites vulnerable to the effects of climate change
and sites that contribute to the disparate burden of pollution
in historically overburdened communities. The Committee will
also oversee implementation of recent updates to the
Brownfields program. The Committee anticipates investigating
the public health, environmental, and economic impacts of the
expiration of Superfund taxes and EPA's decisions regarding
financial responsibility requirements under CERCLA Section
108(b).
Hazardous and Solid Waste
The Committee will examine state and federal implementation
of our waste laws, including the disparate impacts of unsafe
waste disposal on historically overburdened communities. This
review will focus on the public health and environmental
impacts, including climate impacts, of plastic waste and
recycling, coal ash, waste materials containing per- and
polyfluoroalkyl substances, landfill gas, and various waste
disposal methods.
Regulation of Dangerous Chemical Substances
The Committee will conduct oversight of EPA's
implementation of the reformed Toxic Substances Control Act
(TSCA) as EPA moves forward with the first risk management
rules under the law and revises its framework rules in light of
judicial decisions. This oversight will look at EPA's efforts
to reexamine and incorporate into its regulatory framework
previously excluded uses, exposures, vulnerable populations,
and scientific studies. The Committee will examine the impacts
these decisions are having on the most vulnerable and
disproportionately impacted, including workers, infants and
children, and historically overburdened communities. The
Committee will also examine risk management activities and
decisions related to pesticides and other non-TSCA regulated
chemicals, as well as the 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 continue its oversight of the standard
setting process under the Safe Drinking Water Act, including
obstacles to timely action and to addressing disparate risks to
historically overburdened communities. The Committee will also
examine serious threats to the safety of our drinking water,
including risks from lead service lines and per- and
polyfluoroalkyl substances. 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 transparency and potential risks to
communities from the chemicals used in hydraulic fracturing.
EPA Management and Operations
The Committee will conduct general oversight of EPA. This
will include review of agency enforcement activities (including
the use of those activities to address disparate pollution
burdens in historically overburdened communities), funding
decisions, staff and other resource allocations, office and
program reorganization, grants, research activities, and
contracts awarded to outside parties. The Committee will also
conduct general oversight of EPA's relations with state, local,
and tribal governments, as well as its public transparency, and
adherence to economic, procedural, public health, and
environmental standards in regulatory actions.
National Energy Policy
The Committee will examine policies that relate to energy
efficiency and conservation, and the exploration, production,
transmission, distribution, and consumption of electricity, oil
and natural gas, coal, hydroelectric power, nuclear power, and
renewable energy. The Committee will continue to address
associated climate issues as well as the impacts of such
activities on safety, security, and public health. Further, the
Committee will investigate the disparate costs, benefits,
risks, and opportunities of these policies for historically
overburdened communities. The Committee will also review the
electrification of the transportation sector, and examine the
electric grid needs for increased charging infrastructure. The
Committee will inquire into the impact of government policies
and programs--including those established in the recently
enacted Energy Act of 2020--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 review existing
federal interstate transmission policies and explore how they
should be revised to facilitate increased integration of
renewable energy resources and reduced costs to consumers. The
Committee will also explore electric utility responses to the
impacts of climate change-induced extreme weather events to
determine where improvements can be made to mitigate adverse
impacts and expedite recovery. Additionally, the Committee will
examine energy access, energy poverty, and the Low-Income Home
Energy Assistance Program (LIHEAP), as necessary.
Electricity and Natural Gas Markets and Regulation
The Committee will review the federal electricity and
natural gas policies of the Federal Energy Regulatory
Commission (FERC) and the Department of Energy (DOE) related to
competitive markets for compliance with relevant statutes. The
Committee will also examine FERC and DOE activities relating to
consumer protection and the environment with regard to
electricity, natural gas, and hydroelectric power, including
the development of efficient and vigorous wholesale markets for
electricity. The Committee will explore ways to increase
transparency into regulatory proceedings at FERC to ensure that
members of the public, particularly landowners subject to
pipeline-related eminent domain proceedings, have the ability
to understand and actively engage with FERC on these matters.
Similarly, the Committee will look specifically at tribal roles
in statutes implemented by FERC. 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 (TSA). The Committee
will also review the need for modernizing the Public Utility
Regulatory Policies Act.
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, public health, and the environment. 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.
Additionally, the Committee will review energy efficiency and
carbon reduction efforts within the federal government and the
Federal Energy Management Program, generally. The Committee
will also continue its oversight of building energy efficiency
codes, the process for setting those codes, and DOE's role in
fostering their adoption.
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 management, security, and
safety reforms at NNSA and DOE facilities, ongoing safety and
security matters, as well as the work of the Defense Nuclear
Facilities Safety Board. The Committee will continue to oversee
the Office of Environmental Management's efforts to cleanup
waste and contamination from nuclear weapons production and
research, including the significant increases in environmental
liabilities in recent years. 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 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.
21st Century Workforce
The Committee will continue its longstanding oversight of
the energy workforce. The Committee will focus attention on the
transition to a clean energy economy, the impact on traditional
energy employment, and the increased need for a skilled
workforce in the growing areas of renewable energy, energy
efficiency, and storage, among other things. The Committee will
continue its ongoing examination of diversity in the energy
workforce and pathways to ensure underrepresented groups
including Native Americans, people of color, women and veterans
are able to obtain employment and benefit from the transition
to a clean energy economy.
HEALTH AND HEALTH CARE ISSUES
The Coronavirus Disease of 2019 (COVID-19)
The Committee will continue general oversight of the
response to the COVID-19 pandemic. The Committee will review
pharmaceutical manufacturers' efforts to develop and produce
COVID-19 vaccines, and the federal government's role in
supporting those efforts and ensuring equitable distribution of
the vaccines. The Committee will also continue to examine
issues related to the Centers for Disease Control and
Prevention (CDC) producing and disseminating reliable public
health data and information, and efforts by the Food and Drug
Administration (FDA) to review, authorize, and approve drugs,
vaccines, and devices in the fight against COVID-19.
The Affordable Care Act
The Committee will continue to examine issues related to
the Department of Health and Human Services' (HHS)
implementation of the Affordable Care Act (ACA), including
decisions by the Trump Administration to administratively and
illegally undermine the ACA. This oversight will also examine
the effect the Trump Administration's decisions have had on
access to comprehensive, affordable health care. The Committee
will also examine the role the ACA has played in providing
health insurance coverage during the COVID-19 crisis and
associated economic downturn, as well as explore ways to
strengthen the law in order to ensure all Americans have 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. The Committee will also
review HHS's response to the COVID-19 pandemic, including
actions taken by FDA, CDC, the Centers for Medicare & Medicaid
Services (CMS), and the Assistant Secretary for Preparedness
and Response (ASPR) related to the prevention of, preparation
for, and response to COVID-19. The Committee will also review
actions taken by political leadership at HHS during the Trump
Administration that have undermined professional morale and the
public health mission of the agency.
Centers for Medicare & Medicaid Services
The Committee will review the management, operations, and
activities of 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.
The Committee will review insurance coverage rates for children
and state outreach efforts to enroll uninsured children. The
Committee will examine attempts by the Trump Administration to
administratively and illegally undermine the Medicaid program,
which provides critical services to over 70 million
individuals, and the disparate impact that these illegal
actions had on access to care for communities of color. The
Committee will also continue to examine the increasing out-of-
pocket drug costs for seniors under the Medicare program,
including drug therapies intended to treat COVID-19. The
Committee will examine the positive effects of capping out-of-
pocket costs in Medicare Part D and providing the Secretary of
HHS the authority to negotiate drug prices, particularly for
drugs that lack robust market competition.
Food and Drug Administration and Product Safety
The Committee will review the management, operations, and
activities of the FDA, including the ability of the agency to
ensure the safety of the nation's food, drugs, devices, and
cosmetics, as well as the impact of tobacco use on public
health. The Committee will examine the agency's implementation
of emergency use authorities during COVID-19 response,
including authorizations for drugs, including vaccines and
devices. 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 oversee
implementation of the Over-the-Counter Monograph Safety,
Innovation, and Reform Act, including the establishment and
collection of user fees. Further, the Committee will review
FDA's efforts to improve and modernize the regulatory framework
for medical devices and medical device safety, as well as
examine FDA oversight and evaluation of diagnostic tests,
including laboratory-developed tests. The Committee will also
continue to review the FDA's efforts to combat youth access to
tobacco and electronic nicotine delivery systems (ENDS)
products, as well as the agency's enforcement and
implementation of the Tobacco Control Act, including the
agency's review of premarket tobacco product applications of
new tobacco products. The Committee intends to 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. The Committee will also 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.
Public Health and Pandemic Preparedness
The Committee will examine the roles of various federal
agencies responsible for protecting public health, including
program management and implementation. Specifically, the
Committee will continue to conduct oversight of federal efforts
on pandemic prevention, preparedness, and response, including
the COVID-19 pandemic as well as other infectious diseases.
Oversight will include examination of resources and programs
such as the Strategic National Stockpile, public health
laboratory capacity, and disease surveillance, as well as the
United States' response to additional emerging foreign
infectious disease threats. The Committee will continue
oversight of COVID-19 vaccine distribution, administration, and
promotion, as well as activities to combat the underutilization
of vaccines for other vaccine-preventable diseases. The
Committee will also continue its review of efforts to combat
the drug epidemic, including opioids and stimulants. The
Committee will examine federal coordination carried out by the
Office of National Drug Control Policy, state and local
responses, and the roles of participants in the health care
delivery chain. Additionally, the Committee will 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 review and monitor any efforts that stymie or hinder
access to comprehensive women's health care and reproductive
health care services, which disproportionately impact low-
income women and women of color. Finally, 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, the mental health impact of the
COVID-19 pandemic, 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 National Institutes of Health (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, are having on
American families, including seniors, and what actions may be
taken to improve affordability within our health care system.
The Committee will conduct oversight on the implementation of
legislative and administrative actions taken to end surprise
billing practices. The Committee will also continue to review
policies proposed by the Administration to lower the costs of
prescription drugs 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 how changes to rebates may
impact such costs.
Reunification of Unaccompanied Children
The Committee will continue to monitor and oversee HHS and
the Office of Refugee Resettlement's efforts to provide
appropriate care to unaccompanied children who are awaiting
placement with sponsors in the United States. The Committee
will also review HHS's role in significant policies that affect
the placement and coordination of unaccompanied children,
including changes to protocols that could delay the placement
of unaccompanied children with sponsors. The Committee's review
will also include monitoring HHS-contracted facilities'
compliance with federal laws and regulations, as well as HHS's
oversight of these facilities, including influx facilities.
Indian Health Service
The Committee expects to investigate the availability,
quality, and adequacy of health care prevention and treatment
services provided by the Indian Health Service. The Committee
will continue to 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. The
Committee will also review the disproportionate impact of
COVID-19 on tribal communities, as well as the quality and
adequacy of the Indian Health Service's response to the
pandemic.
Health Care Inequality
Despite overall improvements in population health over
time, many health and health care disparities have persisted
and, in some cases, worsened. Addressing these disparities is
important not only from an equity standpoint, but also for
improving overall quality of health care and population health.
COVID-19 did not cause this country's health and health care
disparities, rather, the pandemic laid bare these vast
inequalities among our most vulnerable populations. The
Committee will examine issues of inequities in our health care
system on the basis of race, color, ethnicity, religion, sex,
sexual orientation, gender identity, disability, age, or
national origin. The Committee will also investigate the
disproportionate impact of COVID-19 on communities of color,
racial disparities in maternal and infant mortality, and the
appropriate collection of demographic data related to health
and health care.
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 (FCC), including the effect of its
decisions on protecting consumers, promoting privacy and data
security, encouraging universal broadband access and adoption,
technologies and services, supply chain security, increasing
diversity of ownership and competition, and ensuring adequate
emergency communications capability. Additionally, the
Committee will evaluate the effect of FCC actions on spectrum
policy, network resiliency, and public safety, as well as data,
video, voice, and audio services.
National Telecommunciations and Information Adminstration 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,
efficient federal spectrum use, spectrum sharing, spectrum
management, emergency communications, and network resiliency.
The Committee will continue to oversee the NTIA's efforts to
promote broadband deployment and adoption, including the
establishment of two new offices, the Office of Internet
Connectivity and Growth and the Office of Minority Broadband
Initiatives, and the tribal and rural grant programs.
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 exercise its jurisdiction to
oversee the process--and the effects on consumers, small
businesses, 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. The Committee will oversee the
programs established in the Consolidated Appropriations Act,
2021 to increase internet access and affordability, including
the Emergency Broadband Benefit Program and the Secure and
Trusted Communications Networks Reimbursement Program at the
FCC, and the tribal and broadband deployment grant programs and
the Connecting Minority Communities Pilot Program at the NTIA.
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 FCC and NTIA
management, allocation, and coordination of the nation's
spectrum for government and commercial use to ensure the
highest and best use of public airwaves for consumers and
federal users. The Committee will further examine whether
current plans for reallocating spectrum encourage competition,
benefit consumers, and are in the public interest while
continuing to protect national security. 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, the RAY BAUM's Act, the Spectrum IT Modernization Act,
and the Beat China for 5G Act of 2020.
Media and Journalism
The Committee will continue to oversee the FCC's efforts to
diversify the broadcast and cable media landscape, including
the quadrennial review of media ownership regulations and equal
employment opportunity obligations. The Committee will also
examine the role and decline of local journalism and the impact
on the spread of misinformation and disinformation.
Section 230
The Committee will continue to review the effects of
Section 230 of the Communications Decency Act. The Committee
will review to what extent that liability shield promotes or
discourages appropriate content moderation online that
facilitates a healthy internet ecosystem. The Committee will
review how online platforms are addressing the proliferation
and amplification of disinformation and extremism online and
what they can do to remedy such proliferation and
amplification.
CONSUMER PROTECTION AND COMMERCE ISSUES
Privacy and Data Security
The Committee will examine issues relating to the privacy
and security of consumers' personal information collected by
businesses and the potential methods for improving privacy
protections to benefit consumers. The Committee will also
continue to investigate whether all companies that collect
consumer data are fully implementing data security and privacy
safeguards that ensure consumers' personal information is not
stolen or misused.
Consumer Product 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, compliance, and enforcement
activities, engagement in voluntary standard-setting
activities, and the modernization of its staff and information
technology infrastructure. The Committee will also continue to
monitor the CPSC's port surveillance program to evaluate its
effectiveness in identifying and preventing unsafe consumer
products entering the United States, especially products in e-
commerce shipments entering under the de minimis value
exemption. The Committee will also exercise its jurisdiction to
improve the safety of consumer products to prevent injuries and
deaths.
NHTSA Management and Operations, Fuel Economy, and Motor Vehicle Safety
The Committee will continue oversight of the National
Highway Traffic Safety Administration (NHTSA), including the
effectiveness of the agency's regulations, investigations,
structure, research activities, data collection, and
enforcement actions pertaining to motor vehicle safety. The
Committee will examine NHTSA's ability to effectively oversee
and regulate advanced safety technologies including advanced
driver assistance systems, partially automated vehicles, and
highly automated vehicles. The Committee will also examine
whether NHTSA effectively monitors and investigates safety
issues, and whether it effectively manages recalls. The
Committee will work to oversee manufacturers, automobile
dealers, and other entities selling or deploying vehicles to
improve motor vehicle safety to protect drivers, passengers,
and all others who share the roadways. The Committee will
continue oversight of fuel economy standards for motor vehicles
developed by NHTSA.
Federal Trade Commission Management and Operations and Consumer
Protection
The Committee will review the management, authorities,
operations, investigative, rulemaking, and enforcement actions
of the Federal Trade Commission. The Committee will review
consumer protection activities related to privacy, data
security, accountability of technology companies for unfair and
deceptive practices, fraud, scams, 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 Commerce
Department 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, e-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 the
nation's competitiveness and factors that benefit or hurt
American workers.
Technology Industry Accountability
The Committee will monitor and examine how the technology
industry, including social media and e-commerce platforms, is
affecting diversity, product safety, interstate commerce,
fraud, and the proliferation of misinformation, disinformation,
hate, and extremism.
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. Additionally, the Committee will review the
organization and activities of the Chemical Safety Board.
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 the 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, TSA, and other Federal agencies related the physical
security 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, including through algorithmic bias. 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 12/30/2022)
------------------------------------------------------------------------
Public Law Date Approved Bill Title
------------------------------------------------------------------------
117-2........ 3/11/2021 H.R. 1319........ American Rescue Plan
Act of 2021
117-7........ 4/14/2021 H.R. 1868........ To prevent across-the-
board direct spending
cuts, and for other
purposes
117-12....... 5/4/2021 H.R. 2630........ Extending Temporary
Emergency Scheduling
of Fentanyl Analogues
Act
117-36....... 8/6/2021 H.R. 1002........ DEBAR Act of 2021
117-44....... 10/2/2021 H.R. 5434........ Surface Transportation
Extension Act of 2021
117-52....... 10/31/2021 H.R. 5763........ Further Surface
Transportation
Extension Act of 2021
117-53....... 11/10/2021 H.R. 1899........ Ensuring Compliance
Against Drug
Diversion Act of 2021
117-55....... 11/11/2021 H.R. 3919........ Secure Equipment Act
of 2021
117-58....... 11/15/2021 H.R. 3684........ Infrastructure
Investment and Jobs
Act
117-79....... 12/23/2021 H.R. 3537........ Accelerating Access to
Critical Therapies
for ALS Act
117-103...... 3/15/2022 H.R. 2471........ Consolidated
Appropriations Act,
2022
117-104...... 3/18/2022 H.R. 189......... John Lewis NIMHD
Research Endowment
Revitalization Act of
2021
117-105...... 3/18/2022 H.R. 1667........ Dr. Lorna Breen Health
Care Provider
Protection Act
117-108...... 4/6/2022 H.R. 3076........ Postal Service Reform
Act of 2022
117-126...... 5/16/2022 H.R. 3182........ Safe Sleep for Babies
Act of 2021
117-167...... 8/9/2022 H.R. 4346........ Supreme Court Security
Funding Act of 2022
117-169...... 9/27/2021 H.R. 5376........ Inflation Reduction
Act of 2022
117-170...... 8/16/2022 H.R. 2992........ TBI and PTSD Law
Enforcement Training
Act
117-171...... 8/16/2022 H.R. 5313........ Reese's Law
117-180...... 9/30/2022 H.R. 6833........ Making continuing
appropriations for
fiscal year 2023, and
for other purposes
117-187...... 10/10/2022 H.R. 1766........ FTC Collaboration Act
of 2021
117-215...... 12/2/2022 H.R. 8454........ Medical Marijuana and
Cannabidiol Research
Expansion Act
117-223...... 12/7/2022 H.R. 7132........ Safe Connections Act
of 2022
117-244...... 12/20/2022 H.R. 1193........ Cardiovascular
Advances in Research
and Opportunities
Legacy Act
117-247...... 12/20/2022 S. 198/H.R. 1218. Data Mapping to Save
Moms' Lives Act
------------------------------------------------------------------------
Cleared for
Action the White Bill Title
House
------------------------------------------------------------------------
Presented to 12/28/2022 S. 1541/H.R. 2489 Martha Wright-Reed
the Just and Reasonable
President. Communications Act of
2022
Presented to 12/28/2022 S. 3405.......... Low Power Protection
the Act
President.
Presented to 12/28/2022 H.R. 1082........ Sami's Law
the
President.
Signed by the 12/29/2022 H.R. 2617........ Consolidated
President. Appropriations Act,
2023
------------------------------------------------------------------------
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
------------------------------------------------------------------------
117-1.............. No Time to Lose: Solutions February 2, 2021
to Increase COVID-19
Vaccinations in the States
[Subcommittee on Oversight
and Investigations].
117-2.............. Road to Recovery: Ramping February 3, 2021
up COVID-19 Vaccines,
Testing, and Medical
Supply Chain [Subcommittee
on Health].
117-3.............. Safeguarding American February 4, 2021
Consumers: Fighting Fraud
and Scams during the
Pandemic [Subcommittee on
Consumer Protection and
Commerce].
117-4.............. Back in Action: Restoring February 9, 2021
Federal Climate Leadership
[Subcommittee on
Environment and Climate
Change].
117-5.............. Connecting America: February 17, 2021
Broadband Solutions to
Pandemic Problems
[Subcommittee on
Communications and
Technology].
117-6.............. A Smarter Investment: February 18, 2021
Pathways to a Clean Energy
Future [Subcommittee on
Energy].
117-7.............. Pathway to Protection: February 23, 2021
Expanding Availability of
COVID-19 Vaccines
[Subcommittee on Oversight
and Investigations].
117-8.............. Fanning the Flames: February 24, 2021
Disinformation and
Extremism in the Media
[Subcommittee on
Communications and
Technology].
117-9.............. The Future of Telehealth: March 2, 2021
How COVID-19 is Changing
the Delivery of Virtual
Care [Subcommittee on
Health].
117-10............. The Path Forward: Restoring March 10, 2021
the Vital Mission of EPA
[Subcommittee on Oversight
and Investigations].
117-11............. Kids Online During COVID: March 11, 2021
Child Safety in an
Increasingly Digital Age
[Subcommittee on Consumer
Protection and Commerce].
117-12............. Leading the Way Forward: March 17, 2021
Biden Administration
Actions to Increase COVID-
19 Vaccinations
[Subcommittee on Oversight
and Investigations].
117-13............. Averting a Crisis: March 17, 2021
Protecting Access to
Healthcare in the U.S.
Territories [Subcommittee
on Health].
117-14............. The Clean Future Act: March 18, 2021
Industrial Climate
Policies to Create Jobs
and Support Working
Communities [Subcommittee
on Environment and Climate
Change].
117-15............. Lift America: Revitalizing March 22, 2021
our Nation's
Infrastructure and Economy
[Subcommittee on Energy].
117-16............. Building on the ACA: March 23, 2021
Legislation to Expand
Health Coverage and Lower
Costs [Subcommittee on
Health].
117-18............. The CLEAN Future Act: March 24, 2021
Powering a Resilient and
Prosperous America
[Subcommittee on Energy].
117-21............. The CLEAN Future Act and April 15, 2021
Environmental Justice:
Protecting Frontline
Communities [Subcommittee
on Environment and Climate
Change].
117-22............. Generating Equity: April 20, 2021
Deploying a Just and Clean
Energy Future
[Subcommittee on Energy].
117-23............. Leading the Wireless April 21, 2021
Future: Securing American
Network Technology
[Subcommittee on
Communications and
Technology].
117-24............. The Consumer Protection and April 27, 2021
Recovery Act: Returning
Money to Defrauded
Consumers [Subcommittee on
Consumer Protection and
Commerce].
117-25............. The Long Haul: Forging a April 28, 2021
Path through the Lingering
Effects of COVID-19
[Subcommittee on Health].
117-26............. Fiscal Year 2922 EPA Budget April 29, 2021
[Subcommittee on
Environment and Climate
Change].
117-27............. Negotiating a Better Deal: May 4, 2021
Legislation to Lower the
Cost of Prescription Drugs
[Subcommittee on Health].
117-28............. The CLEAN Future Act: May 5, 2021
Decarbonization of the
Transportation Sector
[Subcommittee on Energy].
117-32............. Promises and Perils: The May 18, 2021
Potential of Automobile
Technologies [Subcommittee
on Consumer Protection and
Commerce].
117-36............. The Fiscal Year 2022 June 8, 2021
Department of Commerce
Budget [Subcommittee on
Consumer Protection and
Commerce].
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PART B
STAFF REPORTS
------------------------------------------------------------------------
------------------------------------------------------------------------
Committee on Energy and December 2022
Commerce, Democratic Staff
Report entitled, ``The
High Price of Aduhelm's
Approval: An Investigation
into FDA's Atypical Review
Process and Biogen's
Aggressive Launch Plans''.
(https:// ......................
energycommerce.house.gov/
sites/
democrats.energycommerce.h
ouse.gov/files/documents/
Final%20Aduhelm%20Report_1
2.29.22.pdf).
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APPENDIX IV
HEARINGS HELD PURSUANT TO CLAUSE S 2(N), (O), OR (P) OF RULE XI
------------------------------------------------------------------------
Serial No. Hearing Title Hearing Date
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117-1.............. No Time to Lose: Solutions February 2, 2021
to Increase COVID-19
Vaccinations in States
(Subcommittee on Oversight
and Investigations).
117-2.............. Road to Recovery: Ramping February 3, 2021
Up COVID-19 Vaccines,
Testing, and Medical
Supply Chain (Subcommittee
on Health).
117-7.............. Pathway to Protection: February 23, 2021
Expanding Availability of
COVID-19 Vaccines
(Subcommittee on Oversight
and Investigations).
117-9.............. The Future of Telehealth: March 2, 2021
How COVID-19 is Changing
the Delivery of Virtual
Care (Subcommittee on
Health).
117-10............. The Path Forward: Restoring March 10, 2021
the Vital Mission of EPA
(Subcommittee on Oversight
and Investigations).
117-12............. Leading the Way Forward: March 17, 2021
Biden Administration
Actions to Increase COVID-
19 Vaccinations
(Subcommittee on Oversight
and Investigations).
117-13............. Averting a Crisis: March 17, 2021
Protecting Access to
Health Care in the U.S.
Territories (Subcommittee
on Health).
117-23............. Rescheduled: Leading the April 21, 2021
Wireless Future: Securing
American Network
Technology (Subcommittee
on Communications and
Technology).
117-25............. The Long Haul: Forging a April 28, 2021
Path through the Lingering
Effect of COVID-19
(Subcommittee on Health).
117-26............. The Fiscal Year 2022 EPA April 29, 2021
Budget (Subcommittee on
Environment and Climate
Change).
117-XX............. The Fiscal Year 2022 HHS May 12, 2021
Budget (Subcommittee on
Health).
117-XX............. The Clean Future Act: May 13, 2021
Superfund Proposals to
Advance Cleanups, Equity,
and Climate Resilience
(Subcommittee on
Environment and Climate
Change).
117-XX............. The Fiscal Year 2022 DOE May 19, 2022
Budget (Subcommittee on
Energy).
117-XX............. A Shot at Normalcy: May 26, 2021
Building COVID-19 Vaccine
Confidence (Subcommittee
on Oversight and
Investigations).
117-36............. The Fiscal Year 2022 June 8, 2021
Department of Commerce
Budget (Subcommittee on
Consumer Protection and
Commerce).
117-XX............. A Safe Wireless Future: June 30, 2021
Securing our Networks and
Supply Chains
(Subcommittee on
Communications and
Technology).
117-XX............. Keeping Us Safe and Secure: July 14, 2021
Oversight of the Nuclear
Regulatory Commission
(Subcommittee on Energy
and Subcommittee on
Environment and Climate
Change).
117-XX............. Stopping Digital Thieves: July 20, 2021
The Growing Threat of
Ransomware (Subcommittee
on Oversight and
Investigations).
117-XX............. The Changing Energy July 27, 2021
Landscape: Oversight of
FERC (Subcommittee on
Energy).
117-XX............. Putting Kids First: September 22, 2021
Addressing COVID-19's
Impacts on Children
(Subcommittee on Oversight
and Investigations).
117-XX............. Securing America's Future: November 16, 2021
Supply Chain Solutions for
a Clean Energy Economy
(Subcommittee on Energy
and Subcommittee on
Environment and Climate
Change).
117-XX............. The Overdose Crisis: December 2, 2021
Interagency Proposal to
Combat Illicit Fentanyl-
Related Substances
(Subcommittee on Health).
117-XX............. Securing Our Energy January 19, 2022
Infrastructure:
Legislation To Enhance
Pipeline Reliability
(Subcommittee on Energy).
117-XX............. FDA User Fee February 3, 2022
Reauthorization: Ensuring
Safe and Effective Drugs
and Biologics
(Subcommittee on Health).
117-XX............. Back from the Brink: February 15, 2022
Restoring Brownfield Sites
to Economic Engines
(Subcommittee on
Environment and Climate
Change).
117-XX............. Lessons From the Frontline: March 2, 2022
COVID-19's Impact On
American Health Care
(Subcommittee on Oversight
and Investigations).
117-XX............. 5G and Beyond: Exploring March 16, 2022
The Next Wireless Frontier
(Subcommittee on
Communications and
Technology).
117-XX............. FDA User Fee March 30, 2022
Reauthorization: Ensuring
Safe and Effective Medical
Devices (Subcommittee on
Health).
117-XX............. Communities in Need: April 5, 2022
Legislation to support
Mental Health and Well-
Being (Subcommittee
Health).
117-XX............. The Fiscal Year 2023 HHS April 27, 2022
Budget (Subcommittee on
Health).
117-XX............. The Fiscal Year 2023 DOE April 28, 2022
Budget (Subcommittee on
Energy).
117-XX............. The Fiscal Year 2023 EPA May 17, 2022
Budget (Subcommittee on
Environment and Climate
Change).
117-XX............. Formula Safety and Supply: May 25, 2022
Protecting the Health of
America's Babies
(Subcommittee on Oversight
and Investigations).
117-XX............. Protecting America's June 28, 2022
Seniors: Oversight of
Private Sector Medicare
Advantage Plans
(Subcommittee on Oversight
and Investigations).
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