H. Rept. 108-803 - 108th Congress (2003-2004)
January 03, 2005, As Reported by the Energy and Commerce Committee

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House Report 108-803 - REPORT ON THE ACTIVITY of the COMMITTEE ON ENERGY AND COMMERCE for the ONE HUNDRED EIGHTH CONGRESS




[House Report 108-803]
[From the U.S. Government Printing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-803
_______________________________________________________________________

                                     

                                                 Union Calendar No. 488

                         REPORT ON THE ACTIVITY

                                 of the

                    COMMITTEE ON ENERGY AND COMMERCE

                                for the

                      ONE HUNDRED EIGHTH CONGRESS

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


January 3, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
                    COMMITTEE ON ENERGY AND COMMERCE
                      One Hundred Eighth Congress

                      JOE BARTON, Texas, Chairman
W.J. ``BILLY'' TAUZIN, Louisiana     JOHN D. DINGELL, Michigan
RALPH M. HALL, Texas                   Ranking Member
MICHAEL BILIRAKIS, Florida           HENRY A. WAXMAN, California
FRED UPTON, Michigan                 EDWARD J. MARKEY, Massachusetts
CLIFF STEARNS, Florida               RICK BOUCHER, Virginia
PAUL E. GILLMOR, Ohio                EDOLPHUS TOWNS, New York
JAMES C. GREENWOOD, Pennsylvania     FRANK PALLONE, Jr., New Jersey
CHRISTOPHER COX, California          SHERROD BROWN, Ohio
NATHAN DEAL, Georgia                 BART GORDON, Tennessee
RICHARD BURR, North Carolina         PETER DEUTSCH, Florida
ED WHITFIELD, Kentucky               BOBBY L. RUSH, Illinois
CHARLIE NORWOOD, Georgia             ANNA G. ESHOO, California
BARBARA CUBIN, Wyoming               BART STUPAK, Michigan
JOHN SHIMKUS, Illinois               ELIOT L. ENGEL, New York
HEATHER WILSON, New Mexico           ALBERT R. WYNN, Maryland
JOHN B. SHADEGG, Arizona             GENE GREEN, Texas
CHARLES W. ``CHIP'' PICKERING,       KAREN McCARTHY, Missouri
    Mississippi, Vice Chairman       TED STRICKLAND, Ohio
VITO FOSSELLA, New York              DIANA DeGETTE, Colorado
STEVE BUYER, Indiana                 LOIS CAPPS, California
GEORGE RADANOVICH, California        MICHAEL F. DOYLE, Pennsylvania
CHARLES F. BASS, New Hampshire       CHRISTOPHER JOHN, Louisiana
JOSEPH R. PITTS, Pennsylvania        TOM ALLEN, Maine
MARY BONO, California                JIM DAVIS, Florida
GREG WALDEN, Oregon                  JANICE D. SCHAKOWSKY, Illinois
LEE TERRY, Nebraska                  HILDA L. SOLIS, California
MIKE FERGUSON, New Jersey            CHARLES A. GONZALEZ, Texas
MIKE ROGERS, Michigan
DARRELL E. ISSA, California
C.L. ``BUTCH'' OTTER, Idaho
JOHN SULLIVAN, Oklahoma


                         LETTER OF TRANSMITTAL

                              ----------                              

                     U.S. House of Representatives,
                          Committee on Energy and Commerce,
                                   Washington, DC, January 3, 2005.
Hon. Jeff Trandahl,
Clerk, House of Representatives,
Washington, DC.
    Dear Mr. Trandahl: Pursuant to clause 1(d) of Rule XI of 
the Rules of the House of Representatives, I present herewith a 
report on the activity of the Committee on Energy and Commerce 
for the 108th Congress, including the Committee's review and 
study of legislation with its jurisdiction and the oversight 
activities undertaken by the Committee.
            Sincerely,
                                              Joe Barton, Chairman.


                             C O N T E N T S

                              ----------                              
                                                                   Page
Jurisdiction.....................................................     1
Rules for the Committee..........................................     2
Members and Organization.........................................    21
Legislative and Oversight Activity...............................    27
Full Committee...................................................    29
Subcommittee on Commerce, Trade, and Consumer Protection.........    33
Subcommittee on Energy and Air Quality...........................    59
Subcommittee on Environment and Hazardous Materials..............    85
Subcommittee on Health...........................................   101
Subcommittee on Telecommunications and the Internet..............   177
Subcommittee on Oversight and Investigations.....................   201
Oversight Plan for the 108th Congress............................   225
Appendix I--Legislative Summary..................................   293
Appendix II--Public Laws.........................................   295
Appendix III--Publications of the Committee......................   297


                                                 Union Calendar No. 488
108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-803

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



 
REPORT ON THE ACTIVITY OF THE COMMITTEE ON ENERGY AND COMMERCE FOR THE 
                             108TH CONGRESS

January 3, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

    ACTIVITY OF THE COMMITTEE ON ENERGY AND COMMERCE, 108TH CONGRESS

    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 non-nuclear 
facilities and of use of non-nuclear energy.
    In addition, clause 3(c) 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, 108th Congress


Rule 1. General Provisions.

    (a) Rules of the Committee. The Rules of the House are the 
rules of the Committee on Energy and Commerce (hereinafter the 
``Committee'') and its subcommittees so far as is applicable, 
except that a motion to recess from day to day, and a motion to 
dispense with the first reading (in full) of a bill or 
resolution, if printed copies are available, is nondebatable 
and privileged in the Committee and its subcommittees.
    (b) Rules of the Subcommittees. Each subcommittee of the 
Committee is part of the Committee and is subject to the 
authority and direction of the Committee and to its rules so 
far as applicable. Written rules adopted by the Committee, not 
inconsistent with the Rules of the House, shall be binding on 
each subcommittee of the Committee.

Rule 2. Time and Place of Meetings.

    (a) Regular Meeting Days. The Committee shall meet on the 
fourth Tuesday of each month at 10 a.m., for the consideration 
of bills, resolutions, and other business, if the House is in 
session on that day. If the House is not in session on that day 
and the Committee has not met during such month, the Committee 
shall meet at the earliest practicable opportunity when the 
House is again in session. The chairman of the Committee may, 
at his discretion, cancel, delay, or defer any meeting required 
under this section, after consultation with the ranking 
minority member.
    (b) Additional Meetings. The chairman may call and convene, 
as he considers necessary, additional meetings of the Committee 
for the consideration of any bill or resolution pending before 
the Committee or for the conduct of other Committee business. 
The Committee shall meet for such purposes pursuant to that 
call of the chairman.
    (c) Vice Chairmen; Presiding Member. The chairman shall 
designate a member of the majority party to serve as vice 
chairman of the Committee, and shall designate a majority 
member of each subcommittee to serve as vice chairman of each 
subcommittee. The vice chairman of the Committee or 
subcommittee, as the case may be, shall preside at any meeting 
or hearing during the temporary absence of the chairman. If the 
chairman and vice chairman of the Committee or subcommittee are 
not present at any meeting or hearing, the ranking member of 
the majority party who is present shall preside at the meeting 
or hearing.
    (d) Open Meetings and Hearings. Except as provided by the 
Rules of the House, each meeting of the Committee or any of its 
subcommittees for the transaction of business, including the 
markup of legislation, and each hearing, shall be open to the 
public including to radio, television and still photography 
coverage, consistent with the provisions of Rule XI of the 
Rules of the House.

Rule 3. Agenda.

    The agenda for each Committee or subcommittee meeting 
(other than a hearing), setting out the date, time, place, and 
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.

Rule 4. Procedure.

    (a)(1) Hearings. The date, time, place, and subject matter 
of any hearing of the Committee or any of its subcommittees 
shall be announced at least one week in advance of the 
commencement of such hearing,unless the Committee or 
subcommittee determines 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.
    (2)(A) Meetings. The date, time, place, and subject matter 
of any meeting (other than a hearing) scheduled on a Tuesday, 
Wednesday, or Thursday when the House will be in session, shall 
be announced at least 36 hours (exclusive of Saturdays, 
Sundays, and legal holidays except when the House is in session 
on such days) in advance of the commencement of such meeting.
    (B) Other Meetings. The date, time, place, and subject 
matter of a meeting (other than a hearing or a meeting to which 
subparagraph (A) applies) shall be announced at least 72 hours 
in advance of the commencement of such meeting.
    (b)(1) Requirements for Testimony. Each witness who is to 
appear before the Committee or a subcommittee shall file with 
the clerk of the Committee, at least two working days in 
advance of his or her appearance, sufficient copies, as 
determined by the chairman of the Committee or a subcommittee, 
of a written statement of his or her proposed testimony to 
provide to members and staff of the Committee or subcommittee, 
the news media, and the general public. Each witness shall, to 
the greatest extent practicable, also provide a copy of such 
written testimony in an electronic format prescribed by the 
chairman. Each witness shall limit his or her oral presentation 
to a brief summary of the argument. The chairman of the 
Committee or of a subcommittee, or the presiding member, may 
waive the requirements of this paragraph or any part thereof.
    (2) Additional Requirements for Testimony. To the greatest 
extent practicable, the written testimony of each witness 
appearing in a non-governmental capacity shall include a 
curriculum vitae and a disclosure of the amount and source (by 
agency and program) of any federal grant (or subgrant thereof) 
or contract (or subcontract thereof) received during the 
current fiscal year or either of the two preceding fiscal years 
by the witness or by an entity represented by the witness.
    (c) Questioning Witnesses. The right to interrogate the 
witnesses before the Committee or any of its subcommittees 
shall alternate between majority and minority members. Each 
member shall be limited to 5 minutes in the interrogation of 
witnesses until such time as each member who so desires has had 
an opportunity to question witnesses. No member shall be 
recognized for a second period of 5 minutes to interrogate a 
witness until each member of the Committee present has been 
recognized once for that purpose. While the Committee or 
subcommittee is operating under the 5-minute rule for the 
interrogation of witnesses, the chairman shall recognize in 
order of appearance members who were not present when the 
meeting was called to order after all members who were present 
when the meeting was called to order have been recognized in 
the order of seniority on the Committee or subcommittee, as the 
case may be.
    (d) Explanation of Subcommittee Action. No bill, 
recommendation, or other matter reported by a subcommittee 
shall be considered by the full Committee unless the text of 
the matter reported, together with an explanation, has been 
available to members of the Committee for at least 36 hours. 
Such explanation shall include a summary of the major 
provisions of the legislation, an explanation of the 
relationship of the matter to present law, and a summary of the 
need for the legislation. All subcommittee actions shall be 
reported promptly by the clerk of the Committee to all members 
of the Committee.
    (e) Opening Statements. Opening statements by members at 
the beginning of any hearing or markup of the Committee or any 
of its subcommittees shall be limited to 5 minutes each for the 
chairman and ranking minority member (or their respective 
designee) of the Committee or subcommittee, as applicable, and 
3 minutes each for all other members. With the consent of the 
Committee, prior to the recognition of the first witness for 
testimony, any Member, when recognized for an opening 
statement, may completely defer his or her three-minute opening 
statement and instead use those three minutes during the 
initial round of witness questioning.

Rule 5. Waiver of Agenda, Notice, and Layover Requirements.

    Requirements of rules 3, 4(a)(2), and 4(d) may be waived by 
a majority of those present and voting (a majority being 
present) of the Committee or subcommittee, as the case may be.

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 shall constitute a quorum for the 
purposes of reporting any measure or matter, of authorizing a 
subpoena, or of closing a meeting or hearing pursuant to clause 
2(g) of Rule XI of the Rules of the House (except as provided 
in clause 2(g)(2)(A) and (B)). For the purposes of taking any 
action other than those specified in the preceding sentence, 
one-third of the members of the Committee or subcommittee shall 
constitute a quorum.

Rule 7. Official Committee Records.

    (a)(1) Journal. The proceedings of the Committee shall be 
recorded in a journal which shall, among other things, show 
those present at each meeting, and include a record of the vote 
on any question on which a record vote is demanded and a 
description of the amendment, motion, order, or other 
proposition voted. A copy of the journal shall be furnished to 
the ranking minority member.
    (2) Record Votes. A record vote may be demanded by one-
fifth of the members present or, in the apparent absence of a 
quorum, by any one member. No demand for a record vote shall be 
made or obtained except for the purpose of procuring a record 
vote or in the apparent absence of a quorum. The result of each 
record vote in any meeting of the Committee shall be made 
available in the Committee office for inspection by the public, 
as provided in Rule XI, clause 2(e) of the Rules of the House.
    (b) Archived Records. The records of the Committee at the 
National Archives and Records Administration shall be made 
available for public use in accordance with Rule VII of the 
Rules of the House. The chairman shall notify the ranking 
minority member of any decision, pursuant toclause 3 (b)(3) or 
clause 4 (b) of the Rule, to withhold a record otherwise available, and 
the matter shall be presented to the Committee for a determination on 
the written request of any member of the Committee. The chairman shall 
consult with the ranking minority member on any communication from the 
Archivist of the United States or the Clerk of the House concerning the 
disposition of noncurrent records pursuant to clause 3(b) of the Rule.

Rule 8. Subcommittees.

    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.

Rule 9. Powers and Duties of Subcommittees.

    Each subcommittee is authorized to meet, hold hearings, 
receive testimony, mark up legislation, and report to the 
Committee on all matters referred to it. Subcommittee chairmen 
shall set hearing and meeting dates only with the approval of 
the chairman of the Committee with a view toward assuring the 
availability of meeting rooms and avoiding simultaneous 
scheduling of Committee and subcommittee meetings or hearings 
whenever possible.

Rule 10. Reference of Legislation and Other Matters.

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

Rule 11. Ratio of Subcommittees.

    The majority caucus of the Committee shall determine an 
appropriate ratio of majority to minority party members for 
each subcommittee and the chairman shall negotiate that ratio 
with the minority party, provided that the ratio of party 
members on each subcommittee shall be no less favorable to the 
majority than that of the full Committee, nor shall such ratio 
provide for a majority of less than two majority members.

Rule 12. Subcommittee Membership.

    (a) 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.
    (b) Ex Officio Members. The chairman and ranking minority 
member of the Committee shall be ex officio members with voting 
privileges of each subcommittee of which they are not assigned 
as members and may be counted for purposes of establishing a 
quorum in such subcommittees.

Rule 13. Managing Legislation on the House Floor.

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

Rule 14. Committee Professional and Clerical Staff Appointments.

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

Rule 15. Supervision, Duties of Staff.

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

Rule 16. Committee Budget.

    (a) Preparation of Committee Budget. The chairman of the 
Committee, after consultation with the ranking minority member 
of the Committee and the chairmen of the subcommittees, shall 
for the 108th Congress prepare a preliminary budget for the 
Committee, with such budget including necessary amounts for 
professional and clerical staff, travel, investigations, 
equipment and miscellaneous expenses of the Committee and the 
subcommittees, and which shall be adequate to fully discharge 
the Committee's responsibilities for legislation and oversight. 
Such budget shall be presented by the chairman to the majority 
party caucus of the Committee and thereafter to the full 
Committee for its approval.
    (b) Approval of the Committee Budget. The chairman shall 
take whatever action is necessary to have the budget as finally 
approved by the Committee duly authorized by the House. No 
proposed Committee budget may be submitted to the Committee on 
House Administration unless it has been presented to and 
approved by the majority party caucus and thereafter by the 
full Committee. The chairman of the Committee may authorize all 
necessary expenses in accordance with these rules and within 
the limits of the Committee's budget as approved by the House.
    (c) Monthly Expenditures Report. Committee members shall be 
furnished a copy of each monthly report, prepared by the 
chairman for the Committee on House Administration, which shows 
expenditures made during the reporting period and cumulative 
for the year by the Committee and subcommittees, anticipated 
expenditures for the projected Committee program, and detailed 
information on travel.

Rule 17. Broadcasting of Committee Hearings.

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

Rule 18. Comptroller General Audits.

    The chairman of the Committee is authorized to request 
verification examinations by the Comptroller General of the 
United States pursuant to Title V, Part A of the Energy Policy 
and Conservation Act (Public Law 94-163), after consultation 
with the members of the Committee.

Rule 19. Subpoenas.

    The Committee, or any subcommittee, may authorize and issue 
a subpoena under clause 2(m)(2)(A) of Rule XI of the House, if 
authorized by a majority of the members of the Committee or 
subcommittee (as the case may be) voting, a quorum being 
present. Authorized subpoenas may be issued over the signature 
of the chairman of the Committee or any member designated by 
the Committee, and may be served by any person designated by 
such chairman or member. The chairman of the Committee may 
authorize and issue subpoenas under such clause during any 
period for which the House has adjourned for a period in excess 
of 3 days when, in the opinion of the chairman, authorization 
and issuance of the subpoena is necessary to obtain the 
material set forth in the subpoena. The chairman shall report 
to the members of the Committee on the authorization and 
issuance of a subpoena during the recess period as soon as 
practicable but in no event later than one week after service 
of such subpoena.

Rule 20. Travel of Members and Staff.

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

  Clauses 2 and 4 or Rule XI and Clauses 2 and 3 of Rule XIII of the 
      Rules of the House of Representatives for the 108th Congress


                            JANUARY 7, 2003

       RULE XI: PROCEDURES OF COMMITTEES AND UNFINISHED BUSINESS


                       Clause 2: Committee Rules


Adoption of written rules

    2. (a)(1) Each standing committee shall adopt written rules 
governing its procedure. Such rules--
          (A) shall be adopted in a meeting that is open to the 
        public unless the committee, in open session and with a 
        quorum present, determines by record vote that all or 
        part of the meeting on that day shall be closed to the 
        public;
          (B) may not be inconsistent with the Rules of the 
        House or with those provisions of law having the force 
        and effect of Rules of the House; and
          (C) shall in any event incorporate all of the 
        succeeding provisions of this clause to the extent 
        applicable.
    (2) Each committee shall submit its rules for publication 
in the Congressional Record not later than 30 days after the 
committee is elected in each odd-numbered year.

Regular meeting days

    (b) Each standing committee shall establish regular meeting 
days for the conduct of its business, which shall be not less 
frequent than monthly. Each such committee shall meet for the 
consideration of a bill or resolution pending before the 
committee or the transaction of other committee business on all 
regular meeting days fixed by the committee unless otherwise 
provided by written rule adopted by the committee.

Additional and special meetings

    (c)(1) The chairman of each standing committee may call and 
convene, as he considers necessary, additional and special 
meetings of the committee for the consideration of a bill or 
resolution pending before the committee or for the conduct of 
other committee business, subject to such rules as the 
committee may adopt. The committee shall meet for such purpose 
under that call of the chairman.
    (2) Three or more members of a standing committee may file 
in the offices of the committee a written request that the 
chairman call a special meeting of the committee. Such request 
shall specify the measure or matter to be considered. 
Immediately upon the filing of the request, the clerk of the 
committee shall notify the chairman of the filing of the 
request. If the chairman does not call the requested special 
meeting within three calendar days after the filing of the 
request (to be held within seven calendar days after the filing 
of the request) a majority of the members of the committee may 
file in the offices of the committee their written notice that 
a special meeting of the committee will be held. The written 
notice shall specify the date and hour of the special meeting 
and the measure or matter to be considered. The committee shall 
meet on that date and hour. Immediately upon the filing of the 
notice, the clerk of the committee shall notify all members of 
the committee that such special meeting will be held and inform 
them of its date and hour and the measure or matter to be 
considered. Only the measure or matter specified in that notice 
may be considered at that special meeting.

Temporary absence of chairman

    (d) A member of the majority party on each standing 
committee or subcommittee thereof shall be designated by the 
chairman of the full committee as the vice chairman of the 
committee or subcommittee, as the case may be, and shall 
preside during the absence of the chairman from any meeting. If 
the chairman and vice chairman of a committee or subcommittee 
are not present at any meeting of the committee or 
subcommittee, the ranking majority member who is present shall 
preside at that meeting.

Committee records

    (e)(1)(A) Each committee shall keep a complete record of 
all committee action which shall include--
          (i) in the case of a meeting or hearing transcript, a 
        substantially verbatim account of remarks actually made 
        during the proceedings, subject only to technical, 
        grammatical, and typographical corrections authorized 
        by the person making the remarks involved; and
          (ii) a record of the votes on any question on which a 
        record vote is demanded.
    (B)(i) Except as provided in subdivision (B)(ii) and 
subject to paragraph (k)(7), the result of each such record 
vote shall be made available by the committee for inspection by 
the public at reasonable times in its offices. Information so 
available for public inspection shall include a description of 
the amendment, motion, order, or other proposition, the name of 
each member voting for and each member voting against such 
amendment, motion, order, or proposition, and the names of 
those members of the committee present but not voting.
    (ii) The result of any record vote taken in executive 
session in the Committee on Standards of Official Conduct may 
not be made available for inspection by the public without an 
affirmative vote of a majority of the members of the committee.
    (2)(A) Except as provided in subdivision (B), all committee 
hearings, records, data, charts, and files shall be kept 
separate and distinctfrom the congressional office records of 
the member serving as its chairman. Such records shall be the property 
of the House, and each Member, Delegate, and the Resident Commissioner 
shall have access thereto.
    (B) A Member, Delegate, or Resident Commissioner, other 
than members of the Committee on Standards of Official Conduct, 
may not have access to the records of that committee respecting 
the conduct of a Member, Delegate, Resident Commissioner, 
officer, or employee of the House without the specific prior 
permission of that committee.
    (3) Each committee shall include in its rules standards for 
availability of records of the committee delivered to the 
Archivist of the United States under rule VII. Such standards 
shall specify procedures for orders of the committee under 
clause 3(b)(3) and clause 4(b) of rule VII, including a 
requirement that nonavailability of a record for a period 
longer than the period otherwise applicable under that rule 
shall be approved by vote of the committee.
    (4) Each committee shall make its publications available in 
electronic form to the maximum extent feasible.

Prohibition against proxy voting

    (f) A vote by a member of a committee or subcommittee with 
respect to any measure or matter may not be cast by proxy.

Open meetings and hearings

    (g)(1) Each meeting for the transaction of business, 
including the markup of legislation, by a standing committee or 
subcommittee thereof (other than the Committee on Standards of 
Official Conduct or its subcommittees) shall be open to the 
public, including to radio, television, and still photography 
coverage, except when the committee or subcommittee, in open 
session and with a majority present, determines by record vote 
that all or part of the remainder of the meeting on that day 
shall be in executive session because disclosure of matters to 
be considered would endanger national security, would 
compromise sensitive law enforcement information, would tend to 
defame, degrade, or incriminate any person, or otherwise would 
violate a law or rule of the House. Persons, other than members 
of the committee and such noncommittee Members, Delegates, 
Resident Commissioner, congressional staff, or departmental 
representatives as the committee may authorize, may not be 
present at a business or markup session that is held in 
executive session. This subparagraph does not apply to open 
committee hearings, which are governed by clause 4(a)(1) of 
rule X or by subparagraph (2).
    (2)(A) Each hearing conducted by a committee or 
subcommittee (other than the Committee on Standards of Official 
Conduct or its subcommittees) shall be open to the public, 
including to radio, television, and still photography coverage, 
except when the committee or subcommittee, in open session and 
with a majority present, determines by record vote that all or 
part of the remainder of that hearing on that day shall be 
closed to the public because disclosure of testimony, evidence, 
or other matters to be considered would endanger national 
security, would compromise sensitive law enforcement 
information, or would violate a law or rule of the House.
    (B) Notwithstanding the requirements of subdivision (A), in 
the presence of the number of members required under the rules 
of the committee for the purpose of taking testimony, a 
majority of those present may--
          (i) agree to close the hearing for the sole purpose 
        of discussing whether testimony or evidence to be 
        received would endanger national security, would 
        compromise sensitive law enforcement information, or 
        would violate clause 2(k)(5); or
          (ii) agree to close the hearing as provided in clause 
        2(k)(5).
    (C) A Member, Delegate, or Resident Commissioner may not be 
excluded from nonparticipatory attendance at a hearing of a 
committee or subcommittee (other than the Committee on 
Standards of Official Conduct or its subcommittees) unless the 
House by majority vote authorizes a particular committee or 
subcommittee, for purposes of a particular series of hearings 
on a particular article of legislation or on a particular 
subject of investigation, to close its hearings to Members, 
Delegates, and the Resident Commissioner by the same procedures 
specified in this subparagraph for closing hearings to the 
public.
    (D) The committee or subcommittee may vote by the same 
procedure described in this subparagraph to close one 
subsequent day of hearing, except that the Committee on 
Appropriations, the Committee on Armed Services, and the 
Permanent Select Committee on Intelligence, and the 
subcommittees thereof, may vote by the same procedure to close 
up to five additional, consecutive days of hearings.
    (3) The chairman of each committee (other than the 
Committee on Rules) shall make public announcement of the date, 
place, and subject matter of a committee hearing at least one 
week before the commencement of the hearing. If the chairman of 
the committee, with the concurrence of the ranking minority 
member, determines that there is good cause to begin a hearing 
sooner, or if the committee so determines by majority vote in 
the presence of the number of members required under the rules 
of the committee for the transaction of business, the chairman 
shall make the announcement at the earliest possible date. An 
announcement made under this subparagraph shall be published 
promptly in the Daily Digest and made available in electronic 
form.
    (4) Each committee shall, to the greatest extent 
practicable, require witnesses who appear before it to submit 
in advance written statements of proposed testimony and to 
limit their initial presentations to the committee to brief 
summaries thereof. In the case of a witness appearing in a 
nongovernmental capacity, a written statement of proposed 
testimony shall include a curriculum vitae and a disclosure of 
the amount and source (by agency and program) of each Federal 
grant (or subgrant thereof) or contract (or subcontract 
thereof) received during the current fiscal year or either of 
the two previous fiscal years by the witness or by an entity 
represented by the witness.
    (5)(A) Except as provided in subdivision (B), a point of 
order does not lie with respect to a measure reported by a 
committee on the groundthat hearings on such measure were not 
conducted in accordance with this clause.
    (B) A point of order on the ground described in subdivision 
(A) may be made by a member of the committee that reported the 
measure if such point of order was timely made and improperly 
disposed of in the committee.
    (6) This paragraph does not apply to hearings of the 
Committee on Appropriations under clause 4(a)(1) of rule X.

Quorum requirements

    (h)(1) A measure or recommendation may not be reported by a 
committee unless a majority of the committee is actually 
present.
    (2) Each committee may fix the number of its members to 
constitute a quorum for taking testimony and receiving 
evidence, which may not be less than two.
    (3) Each committee (other than the Committee on 
Appropriations, the Committee on the Budget, and the Committee 
on Ways and Means) may fix the number of its members to 
constitute a quorum for taking any action other than one for 
which the presence of a majority of the committee is otherwise 
required, which may not be less than one-third of the members.

Limitation on committee sittings

    (i) A committee may not sit during a joint session of the 
House and Senate or during a recess when a joint meeting of the 
House and Senate is in progress.

Calling and questioning of witnesses

    (j)(1) Whenever a hearing is conducted by a committee on a 
measure or matter, the minority members of the committee shall 
be entitled, upon request to the chairman by a majority of them 
before the completion of the hearing, to call witnesses 
selected by the minority to testify with respect to that 
measure or matter during at least one day of hearing thereon.
    (2)(A) Subject to subdivisions (B) and (C), each committee 
shall apply the five-minute rule during the questioning of 
witnesses in a hearing until such time as each member of the 
committee who so desires has had an opportunity to question 
each witness.
    (B) A committee may adopt a rule or motion permitting a 
specified number of its members to question a witness for 
longer than five minutes. The time for extended questioning of 
a witness under this subdivision shall be equal for the 
majority party and the minority party and may not exceed one 
hour in the aggregate.
    (C) A committee may adopt a rule or motion permitting 
committee staff for its majority and minority party members to 
question a witness for equal specified periods. The time for 
extended questioning of a witness under this subdivision shall 
be equal for the majority party and the minority party and may 
not exceed one hour in the aggregate.

Hearing procedures

    (k)(1) The chairman at a hearing shall announce in an 
opening statement the subject of the hearing.
    (2) A copy of the committee rules and of this clause shall 
be made available to each witness on request.
    (3) Witnesses at hearings may be accompanied by their own 
counsel for the purpose of advising them concerning their 
constitutional rights.
    (4) The chairman may punish breaches of order and decorum, 
and of professional ethics on the part of counsel, by censure 
and exclusion from the hearings; and the committee may cite the 
offender to the House for contempt.
    (5) Whenever it is asserted by a member of the committee 
that the evidence or testimony at a hearing may tend to defame, 
degrade, or incriminate any person, or it is asserted by a 
witness that the evidence or testimony that the witness would 
give at a hearing may tend to defame, degrade, or incriminate 
the witness--
          (A) notwithstanding paragraph (g)(2), such testimony 
        or evidence shall be presented in executive session if, 
        in the presence of the number of members required under 
        the rules of the committee for the purpose of taking 
        testimony, the committee determines by vote of a 
        majority of those present that such evidence or 
        testimony may tend to defame, degrade, or incriminate 
        any person; and
    (B) the committee shall proceed to receive such testimony 
in open session only if the committee, a majority being 
present, determines that such evidence or testimony will not 
tend to defame, degrade, or incriminate any person.
  In either case the committee shall afford such person an 
opportunity voluntarily to appear as a witness, and receive and 
dispose of requests from such person to subpoena additional 
witnesses.
    (6) Except as provided in subparagraph (5), the chairman 
shall receive and the committee shall dispose of requests to 
subpoena additional witnesses.
    (7) Evidence or testimony taken in executive session, and 
proceedings conducted in executive session, may be released or 
used in public sessions only when authorized by the committee, 
a majority being present.
    (8) In the discretion of the committee, witnesses may 
submit brief and pertinent sworn statements in writing for 
inclusion in the record. The committee is the sole judge of the 
pertinence of testimony and evidence adduced at its hearing.
    (9) A witness may obtain a transcript copy of his testimony 
given at a public session or, if given at an executive session, 
when authorized by the committee.

Supplemental, minority, or additional views

    (l) If at the time of approval of a measure or matter by a 
committee (other than the Committee on Rules) a member of the 
committee gives notice of intention to file supplemental, 
minority, or additional views forinclusion in the report to the 
House thereon, that member shall be entitled to not less than two 
additional calendar days after the day of such notice (excluding 
Saturdays, Sundays, and legal holidays except when the House is in 
session on such a day) to file such views, in writing and signed by 
that member, with the clerk of the committee.

Power to sit and act; subpoena power

    (m)(1) For the purpose of carrying out any of its functions 
and duties under this rule and rule X (including any matters 
referred to it under clause 2 of rule XII), a committee or 
subcommittee is authorized (subject to subparagraph (3)(A))--
          (A) to sit and act at such times and places within 
        the United States, whether the House is in session, has 
        recessed, or has adjourned, and to hold such hearings 
        as it considers necessary; and
          (B) to require, by subpoena or otherwise, the 
        attendance and testimony of such witnesses and the 
        production of such books, records, correspondence, 
        memoranda, papers, and documents as it considers 
        necessary.
    (2) The chairman of the committee, or a member designated 
by the chairman, may administer oaths to witnesses.
    (3)(A)(i) Except as provided in subdivision (A)(ii), a 
subpoena may be authorized and issued by a committee or 
subcommittee under subparagraph (1)(B) in the conduct of an 
investigation or series of investigations or activities only 
when authorized by the committee or subcommittee, a majority 
being present. The power to authorize and issue subpoenas under 
subparagraph (1)(B) may be delegated to the chairman of the 
committee under such rules and under such limitations as the 
committee may prescribe. Authorized subpoenas shall be signed 
by the chairman of the committee or by a member designated by 
the committee.
    (ii) In the case of a subcommittee of the Committee on 
Standards of Official Conduct, a subpoena may be authorized and 
issued only by an affirmative vote of a majority of its 
members.
    (B) A subpoena duces tecum may specify terms of return 
other than at a meeting or hearing of the committee or 
subcommittee authorizing the subpoena.
    (C) Compliance with a subpoena issued by a committee or 
subcommittee under subparagraph (1)(B) may be enforced only as 
authorized or directed by the House.

      Clause 4: Audio and Visual Coverage of Committee Proceedings


Audio and visual coverage of committee proceedings

    4. (a) The purpose of this clause is to provide a means, in 
conformity with acceptable standards of dignity, propriety, and 
decorum, by which committee hearings or committee meetings that 
are open to the public may be covered by audio and visual 
means--
          (1) for the education, enlightenment, and information 
        of the general public, on the basis of accurate and 
        impartial news coverage, regarding the operations, 
        procedures, and practices of the House as a legislative 
        and representative body, and regarding the measures, 
        public issues, and other matters before the House and 
        its committees, the consideration thereof, and the 
        action taken thereon; and
          (2) for the development of the perspective and 
        understanding of the general public with respect to the 
        role and function of the House under the Constitution 
        as an institution of the Federal Government.
    (b) In addition, it is the intent of this clause that radio 
and television tapes and television film of any coverage under 
this clause may not be used, or made available for use, as 
partisan political campaign material to promote or oppose the 
candidacy of any person for elective public office.
    (c) It is, further, the intent of this clause that the 
general conduct of each meeting (whether of a hearing or 
otherwise) covered under authority of this clause by audio or 
visual means, and the personal behavior of the committee 
members and staff, other Government officials and personnel, 
witnesses, television, radio, and press media personnel, and 
the general public at the hearing or other meeting, shall be in 
strict conformity with and observance of the acceptable 
standards of dignity, propriety, courtesy, and decorum 
traditionally observed by the House in its operations, and may 
not be such as to--
          (1) distort the objects and purposes of the hearing 
        or other meeting or the activities of committee members 
        in connection with that hearing or meeting or in 
        connection with the general work of the committee or of 
        the House; or
          (2) cast discredit or dishonor on the House, the 
        committee, or a Member, Delegate, or Resident 
        Commissioner or bring the House, the committee, or a 
        Member, Delegate, or Resident Commissioner into 
        disrepute.
    (d) The coverage of committee hearings and meetings by 
audio and visual means shall be permitted and conducted only in 
strict conformity with the purposes, provisions, and 
requirements of this clause.
    (e) Whenever a hearing or meeting conducted by a committee 
or subcommittee is open to the public, those proceedings shall 
be open to coverage by audio and visual means. A committee or 
subcommittee chairman may not limit the number of television or 
still cameras to fewer than two representatives from each 
medium (except for legitimate space or safety considerations, 
in which case pool coverage shall be authorized).
    (f) Each committee shall adopt written rules to govern its 
implementation of this clause. Such rules shall contain 
provisions to the following effect:
          (1) If audio or visual coverage of the hearing or 
        meeting is to be presented to the public as live 
        coverage, that coverage shall be conducted and 
        presented without commercial sponsorship.
          (2) The allocation among the television media of the 
        positions or the number of television cameras permitted 
        by a committee or subcommittee chairman in a hearing or 
        meeting room shall be in accordance with fair and 
        equitable procedures devised by the Executive Committee 
        of the Radio and Television Correspondents' Galleries.
          (3) Television cameras shall be placed so as not to 
        obstruct in any way the space between a witness giving 
        evidence or testimony and any member of the committee 
        or the visibility of that witness and that member to 
        each other.
          (4) Television cameras shall operate from fixed 
        positions but may not be placed in positions that 
        obstruct unnecessarily the coverage of the hearing or 
        meeting by the other media.
          (5) Equipment necessary for coverage by the 
        television and radio media may not be installed in, or 
        removed from, the hearing or meeting room while the 
        committee is in session.
          (6)(A) Except as provided in subdivision (B), 
        floodlights, spotlights, strobelights, and flashguns 
        may not be used in providing any method of coverage of 
        the hearing or meeting.
          (B) The television media may install additional 
        lighting in a hearing or meeting room, without cost to 
        the Government, in order to raise the ambient lighting 
        level in a hearing or meeting room to the lowest level 
        necessary to provide adequate television coverage of a 
        hearing or meeting at the current state of the art of 
        television coverage.
          (7) In the allocation of the number of still 
        photographers permitted by a committee or subcommittee 
        chairman in a hearing or meeting room, preference shall 
        be given to photographers from Associated Press Photos 
        and United Press International Newspictures. If 
        requests are made by more of the media than will be 
        permitted by a committee or subcommittee chairman for 
        coverage of a hearing or meeting by still photography, 
        that coverage shall be permitted on the basis of a fair 
        and equitable pool arrangement devised by the Standing 
        Committee of Press Photographers.
          (8) Photographers may not position themselves between 
        the witness table and the members of the committee at 
        any time during the course of a hearing or meeting.
          (9) Photographers may not place themselves in 
        positions that obstruct unnecessarily the coverage of 
        the hearing by the other media.
          (10) Personnel providing coverage by the television 
        and radio media shall be currently accredited to the 
        Radio and Television Correspondents' Galleries.
          (11) Personnel providing coverage by still 
        photography shall be currently accredited to the Press 
        Photographers' Gallery.
          (12) Personnel providing coverage by the television 
        and radio media and by still photography shall conduct 
        themselves and their coverage activities in an orderly 
        and unobtrusive manner.

               RULE XIII: CALENDARS AND COMMITTEE REPORTS


                Clause 2: Filing and Printing of Reports

    2. (a)(1) Except as provided in subparagraph (2), all 
reports of committees (other than those filed from the floor as 
privileged) shall be delivered to the Clerk for printing and 
reference to the proper calendar under the direction of the 
Speaker in accordance with clause 1. The title or subject of 
each report shall be entered on the Journal and printed in the 
Congressional Record.
    (2) A bill or resolution reported adversely shall be laid 
on the table unless a committee to which the bill or resolution 
was referred requests at the time of the report its referral to 
an appropriate calendar under clause 1 or unless, within three 
days thereafter, a Member, Delegate, or Resident Commissioner 
makes such a request.
    (b)(1) It shall be the duty of the chairman of each 
committee to report or cause to be reported promptly to the 
House a measure or matter approved by the committee and to take 
or cause to be taken steps necessary to bring the measure or 
matter to a vote.
    (2) In any event, the report of a committee on a measure 
that has been approved by the committee shall be filed within 
seven calendar days (exclusive of days on which the House is 
not in session) after the day on which a written request for 
the filing of the report, signed by a majority of the members 
of the committee, has been filed with the clerk of the 
committee. The clerk of the committee shall immediately notify 
the chairman of the filing of such a request. This subparagraph 
does not apply to a report of the Committee on Rules with 
respect to a rule, joint rule, or order of business of the 
House, or to the reporting of a resolution of inquiry addressed 
to the head of an executive department.
    (c) All supplemental, minority, or additional views filed 
under clause 2(l) of rule XI by one or more members of a 
committee shall be included in, and shall be a part of, the 
report filed by the committee with respect to a measure or 
matter. When time guaranteed by clause 2(l) of rule XI has 
expired (or, if sooner, when all separate views have been 
received), the committee may arrange to file its report with 
the Clerk not later than one hour after the expiration of such 
time. This clause and provisions of clause 2(l) of rule XI do 
not preclude the immediate filing or printing of a committee 
report in the absence of a timely request for the opportunity 
to file supplemental, minority, or additional views as provided 
in clause 2(l) of rule XI.

                     Clause 3: Contents of Reports


Content of reports

    3. (a)(1) Except as provided in subparagraph (2), the 
report of a committee on a measure or matter shall be printed 
in a single volume that--
          (A) shall include all supplemental, minority, or 
        additional views that have been submitted by the time 
        of the filing of the report; and
          (B) shall bear on its cover a recital that any such 
        supplemental, minority, or additional views (and any 
        material submitted under paragraph (c)(3)) are included 
        as part of the report.
          (2) A committee may file a supplemental report for 
        the correction of a technical error in its previous 
        report on a measure or matter. A supplemental report 
        only correcting errors in the depiction of record votes 
        under paragraph (b) may be filed under this 
        subparagraph and shallnot be subject to the requirement 
in clause 4 concerning the availability of reports.
    (b) With respect to each record vote on a motion to report 
a measure or matter of a public nature, and on any amendment 
offered to the measure or matter, the total number of votes 
cast for and against, and the names of members voting for and 
against, shall be included in the committee report. The 
preceding sentence does not apply to votes taken in executive 
session by the Committee on Standards of Official Conduct.
    (c) The report of a committee on a measure that has been 
approved by the committee shall include, separately set out and 
clearly identified, the following:
          (1) Oversight findings and recommendations under 
        clause 2(b)(1) of rule X.
          (2) The statement required by section 308(a) of the 
        Congressional Budget Act of 1974, except that an 
        estimate of new budget authority shall include, when 
        practicable, a comparison of the total estimated 
        funding level for the relevant programs to the 
        appropriate levels under current law.
          (3) An estimate and comparison prepared by the 
        Director of the Congressional Budget Office under 
        section 402 of the Congressional Budget Act of 1974 if 
        timely submitted to the committee before the filing of 
        the report.
          (4) A statement of general performance goals and 
        objectives, including outcome--related goals and 
        objectives, for which the measure authorizes funding.
          (d) Each report of a committee on a public bill or 
        public joint resolution shall contain the following:
          (1) A statement citing the specific powers granted to 
        Congress in the Constitution to enact the law proposed 
        by the bill or joint resolution.
          (2)(A) An estimate by the committee of the costs that 
        would be incurred in carrying out the bill or joint 
        resolution in the fiscal year in which it is reported 
        and in each of the five fiscal years following that 
        fiscal year (or for the authorized duration of any 
        program authorized by the bill or joint resolution if 
        less than five years);
          (B) a comparison of the estimate of costs described 
        in subdivision (A) made by the committee with any 
        estimate of such costs made by a Government agency and 
        submitted to such committee; and (C) when practicable, 
        a comparison of the total estimated funding level for 
        the relevant programs with the appropriate levels under 
        current law.
          (3)(A) In subparagraph (2) the term ``Government 
        agency'' includes any department, agency, 
        establishment, wholly owned Government corporation, or 
        instrumentality of the Federal Government or the 
        government of the District of Columbia.
          (B) Subparagraph (2) does not apply to the Committee 
        on Appropriations, the Committee on House 
        Administration, the Committee on Rules, or the 
        Committee on Standards of Official Conduct, and does 
        not apply when a cost estimate and comparison prepared 
        by the Director of the Congressional Budget Office 
        under section 402 of the Congressional Budget Act of 
        1974 has been included in the report under paragraph 
        (c)(3).
    (e)(1) Whenever a committee reports a bill or joint 
resolution proposing to repeal or amend a statute or part 
thereof, it shall include in its report or in an accompanying 
document--
          (A) the text of a statute or part thereof that is 
        proposed to be repealed; and
          (B) a comparative print of any part of the bill or 
        joint resolution proposing to amend the statute and of 
        the statute or part thereof proposed to be amended, 
        showing by appropriate typographical devices the 
        omissions and insertions proposed.
    (2) If a committee reports a bill or joint resolution 
proposing to repeal or amend a statute or part thereof with a 
recommendation that the bill or joint resolution be amended, 
the comparative print required by subparagraph (1) shall 
reflect the changes in existing law proposed to be made by the 
bill or joint resolution as proposed to be amended.

  MEMBERSHIP AND ORGANIZATION OF THE COMMITTEE ON ENERGY AND COMMERCE

    ONE HUNDRED EIGHTH CONGRESS

           (Ratio 31-26)

 COMMITTEE ON ENERGY AND COMMERCE

  JOE BARTON, Texas, Chairman \4\

JOHN D. DINGELL, Michigan            W. J. ``BILLY'' TAUZIN, Louisiana 
HENRY A. WAXMAN, California          \3\
EDWARD J. MARKEY, Massachusetts      RALPH M. HALL, Texas \1\
RICK BOUCHER, Virginia               MICHAREL BILIRAKIS, Florida
EDOLPHUS TOWNS, New York             FRED UPTON, Michigan
FRANK PALLONE, Jr., New Jersey       CLIFF STEARNS, Florida
SHERROD BROWN, Ohio                  PAUL E. GILLMOR, Ohio
BART GORDON, Tennessee               JAMES C. GREENWOOD, Pennsylvania 
PETER DEUTSCH, Florida               \5\
BOBBY L. RUSH, Illinois              CHRISTOPHER COX, California
ANNA G. ESHOO, California            NATHAN DEAL, Georgia
BART STUPAK, Michigan                RICHARD BURR, North Carolina
ELIOT L. ENGEL, New York             ED WHITFIELD, Kentucky
ALBERT R. WYNN, Maryland             CHARLIE NORWOOD, Georgia
GENE GREEN, Texas                    BARBARA CUBIN, Wyoming
KAREN McCARTHY, Missouri             JOHN SHIMKUS, Illinois
TED STRICKLAND, Ohio                 HEATHER WILSON, New Mexico
DIANA DeGETTE, Colorado              JOHN B. SHADEGG, Arizona
LOIS CAPPS, California               CHARLES W. ``CHIP'' PICKERING, 
MICHAEL F. DOYLE, Pennsylvania       Mississippi
CHRISTOPHER JOHN, Louisiana            Vice Chairman
TOM ALLEN, Maine                     VITO FOSSELLA, New York
JIM DAVIS, Florida                   STEVE BUYER, Indiana
JAN SCHAKOWSKY, Illinois             GEORGE RADANOVICH, California
HILDA L. SOLIS, California           CHARLES F. BASS, New Hampshire
CHARLES A. GONZALEZ, Texas           JOSEPH R. PITTS, Pennsylvania
                                     MARY BONO, California
                                     GREG WALDEN, Oregon
                                     LEE TERRY, Nebraska
                                     MIKE FERGUSON, New Jersey
                                     MIKE ROGERS, Michigan
                                     DARRELL E. ISSA, California
                                     C.L. ``BUTCH'' OTTER, Idaho
                                     JOHN SULLIVAN, Oklahoma \2\

*Representative Ernie Fletcher (R-KY) resigned as a Member of the House 
of Representatives on December 8, 2003.
*Representative Roy Blunt (R-MO) resigned from the Committee on Energy 
and Commerce on January 28, 2004.
\1\ Representative Ralph Hall (R-TX) resigned from the Democratic 
caucus on January 5, 2004. He was elected to the Committee on Energy 
and Commerce for the 108th Congress on January 28, 2004, pursuant to H. 
Res. 505, which passed the House on January 28, 2004.
\2\ Representative John Sullivan (R-OK) was elected to the Committee on 
Energy and Commerce for the 108th Congress on January 28, 2004, 
pursuant to H. Res. 505, which passed the House on January 28, 2004.
\3\ Representative W.J. ``Billy'' Tauzin (R-LA) resigned as Chairman of 
the Committee on Energy and Commerce on February 15, 2004.
\4\ Representative Joe Barton (R-TX) was elected Chairman of the 
Committee on Energy and Commerce on February 26, 2004.
\5\ Representative James C. Greenwood resigned as Chairman of the 
Subcommittee on Oversight and Investigations on July 21, 2004.

               SUBCOMMITTEE MEMBERSHIPS AND JURISDICTION


        Subcommittee on Commerce, Trade, and Consumer Protection


           (Ratio 16-13)

 CLIFF STEARNS, Florida, Chairman

JAN SCHAKOWSKY, Illinois             FRED UPTON, Michigan
CHARLES A. GONZALEZ, Texas           ED WHITFIELD, Kentucky
EDOLPHUS TOWNS, New York             BARBARA CUBIN, Wyoming
SHERROD BROWN, Ohio                  JOHN SHIMKUS, Illinois
PETER DEUTSCH, Florida               JOHN B. SHADEGG, Arizona
BOBBY L. RUSH, Illinois                Vice Chairman
BART STUPAK, Michigan                GEORGE RADANOVICH, California
GENE GREEN, Texas                    CHARLES F. BASS, New Hampshire
KAREN McCARTHY, Missouri             JOSEPH R. PITTS, Pennsylvania
TED STRICKLAND, Ohio                 MARY BONO, California
DIANA DeGETTE, Colorado              LEE TERRY, Nebraska
JIM DAVIS, Florida                   MIKE FERGUSON, New Jersey
JOHN D. DINGELL, Michigan            DARRELLE E. ISSA, California
  (ex officio)                       C.L. ``BUTCH'' OTTER, Idaho
                                     JOHN SULLIVAN, Oklahoma
                                     JOE BARTON, Texas
                                       (ex officio)

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

                 Subcommittee on Energy and Air Quality


           (Ratio 18-15)

    RALPH HALL, Texas, Chairman

RICK BOUCHER, Virginia               CHRISTOPHER COX, California
TOM ALLEN, Maine                     RICHARD BURR, North Carolina
HENRY A. WAXMAN, California          ED WHITFIELD, Kentucky
EDWARD J. MARKEY, Massachusetts      CHARLIE NORWOOD, Georgia
FRANK PALLONE, Jr., New Jersey       JOHN SHIMKUS, Illinois
SHERROD BROWN, Ohio                    Vice Chairman
ALBERT R. WYNN, Maryland             HEATHER WILSON, New Mexico
GENE GREEN, Texas                    JOHN B. SHADEGG, Arizona
KAREN McCARTHY, Missouri             CHARLES W. ``CHIP'' PICKERING, 
TED STRICKLAND, Ohio                 Mississippi
LOIS CAPPS, California               VITO FOSSELLA, New York
MICHAEL F. DOYLE, Pennsylvania       GEORGE RADANOVICH, California
CHRISTOPHER JOHN, Louisiana          MARY BONO, California
JIM DAVIS, Florida                   GREG WALDEN, Oregon
JOHN D. DINGELL, Michigan            MIKE ROGERS, Michigan
  (ex officio)                       DARRELL E. ISSA, California
                                     C.L. ``BUTCH'' OTTER, Idaho
                                     JOHN SULLIVAN, Oklahoma
                                     JOE BARTON, Texas
                                       (ex officio)

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

          Subcommittee on Environment and Hazardous Materials


           (Ratio 16-13)

  PAUL E. GILLMOR, Ohio, Chairman

PHILDA L. SOLIS, California          RALPH M. HALL, Texas
FRANK PALLONE, Jr., New Jersey       JAMES C. GREENWOOD, Pennsylvania
ALBERT R. WYNN, Maryland             HEATHER WILSON, New Mexico
LOIS CAPPS, California               VITO FOSSELLA, New York
MICHAEL F. DOYLE, Pennsylvania         Vice Chairman
TOM ALLEN, Maine                     STEVE BUYER, Indiana
JAN SCHAKOWSKY, Illinois             GEORGE RADANOVICH, California
CHARLES A. GONZALEZ, Texas           CHARLES F. BASS, New Hampshire
PETER DEUTSCH, Florida               JOSEPH R. PITTS, Pennsylvania
BOBBY L. RUSH, Illinois              MARY BONO, California
BART STUPAK, Michigan                LEE TERRY, Nebraska
GENE GREEN, Texas                    MIKE ROGERS, Michigan
JOHN D. DINGELL, Michigan            DARRELL E. ISSA, California
  (ex officio)                       C.L. ``BUTCH'' OTTER, Idaho
                                     JOHN SULLIVAN, Oklahoma
                                     JOE BARTON, Texas
                                       (ex officio)

Jurisdiction: Environmental protection in general, including the Safe 
Drinking Water Act and risk assessment matters; solid waste, hazardous 
waste and toxic substances, including Superfund and RCRA; mining, oil, 
gas, and coal combustion wastes; and, noise pollution control.

                         Subcommittee on Health


           (Ratio 18-15)

   MICHAEL BILIRAKIS, Florida, 
             Chairman

SHERROD BROWN, Ohio                  RALPH M. HALL, Texas
HENRY A. WAXMAN, California          FRED UPTON, Michigan
EDOLPHUS TOWNS, New York             JAMES C. GREENWOOD, Pennsylvania
FRANK PALLONE, Jr., New Jersey       NATHAN DEAL, Georgia
BART GORDON, Tennessee               RICHARD BURR, North Carolina
ANNA G. ESHOO, California            ED WHITFIELD, Kentucky
BART STUPAK, Michigan                CHARLIE NORWOOD, Georgia
ELIOT L. ENGEL, New York               Vice Chairman
GENE GREEN, Texas                    BARBARA CUBIN, Wyoming
TED STRICKLAND, Ohio                 JOHN SHIMKUS, Illinois
DIANA DeGETTE, Colorado              HEATHER WILSON, New Mexico
LOIS CAPPS, California               JOHN B. SHADEGG, Arizona
CHRISTOPHER JOHN, Louisiana          CHARLES W. ``CHIP'' PICKERING, 
BOBBY L. RUSH, Illinois              Mississippi
JOHN D. DINGELL, Michigan            STEVE BUYER, Indiana
  (ex officio)                       JOESPH R. PITTS, Pennsylvania
                                     MIKE FERGUSON, New Jersey
                                     MIKE ROGERS, Michigan
                                     JOE BARTON, Texas
                                       (ex officio)

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

          Subcommittee on Telecommunications and the Internet


           (Ratio 18-15)

  FRED UPTON, Michigan, Chairman

EDWARD J. MARKEY, Massachusetts      MICHAEL BILIRAKIS, Florida
ALBERT R. WYNN, Maryland             CLIFF STEARNS, Florida
KAREN McCARTHY, Missouri               Vice Chairman
MICHAEL F. DOYLE, Pennsylvania       PAUL E. GILLMOR, Ohio
JIM DAVIS, Florida                   CHRISTOPHER COX, California
CHARLES A GONZALEZ, Texas            NATHAN DEAL, Georgia
RICK BOUCHER, Virginia               ED WHITFIELD, Kentucky
EDOLPHUS TOWNS, New York             BARBARA CUBIN, Wyoming
BART GORDON, Tennessee               JOHN SHIMKUS, Illinois
PETER DEUTSCH, Florida               HEATHER WILSON, New Mexico
BOBBY L. RUSH, Illinois              CHARLES W. ``CHIP'' PICKERING, 
ANNA G. ESHOO, California            Mississippi
BART STUPAK, Michigan                VITO FOSSELLA, New York
ELIOT L. ENGEL, New York             STEVE BUYER, Indiana
JOHN D. DINGELL, Michigan            CHARLES F. BASS, New Hampshire
  (ex officio)                       MARY BONO, California
                                     GREG WALDEN, Oregon
                                     LEE TERRY, Nebraska
                                     JOE BARTON, Texas
                                       (ex officio)

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

              Subcommittee on Oversight and Investigations


            (Ratio 9-7)

JAMES C. GREENWOOD, Pennsylvania, 
             Chairman

PETER DEUTSCH, Florida               MICHAEL BILIRAKIS, Florida
DIANA DeGETTE, Colorado              CLIFF STEARNS, Florida
TOM ALLEN, Maine                     RICHARD BURR, North Carolina
JAN SCHAKOWSKY, Illinois             CHARLES F. BASS, New Hampshire
HENRY A. WAXMAN, California          GREG WALDEN, Oregon
EDWARD J. MARKEY, Massachusetts        Vice Chairman
JOHN D. DINGELL, Michigan            MIKE FERGUSON, New Jersey
  (ex officio)                       MIKE ROGERS, Michigan
                                     JOE BARTON, Texas
                                       (ex officio)

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

                            COMMITTEE STAFF


C. H. ``Bud'' Albright, Jr., Staff 
             Director
 James D. Barnette, Deputy Staff 
     Director/General Counsel
Andy Black, Deputy Staff Director 
            for Policy
  Lawrence A. Neal, Deputy Staff 
    Director for Communications
 David L. Cavicke, Chief Counsel 
           for Commerce
Charles M. Clapton, Chief Counsel 
            for Health
Mark W. Menezes, Chief Counsel for 
      Energy and Environment
 Mark A. Paoletta, Chief Counsel 
 for Oversight and Investigations
Howard Waltzman, Chief Counsel for 
        Telecommunications
Michael Abraham, Legislative Clerk
      Kelli Andrews, Counsel
     Melissa Bartlett, Counsel
      Kurt W. Bilas, Counsel
Judy L. Borger, Professional Staff 
              Member
  Margaret E. Caravelli, Counsel
 William Carty, Legislative Clerk
 Dwight Cates, Professional Staff 
              Member
        Kelly Cole, Counsel
       Brad Conway, Counsel
      Anthony Cooke, Counsel
      William Cooper, Counsel
Julie Cordell, Professional Staff 
              Member
 Gerald Couri, Policy Coordinator
     Heather Couri, Associate
Eugenia Edwards, Legislative Clerk
       Thomas Feddo, Counsel
  Joseph B. Fortson, IV, Counsel
      Neil R. Freid, Counsel
    Chad Grant, Staff Assistant
  Michael Green, Staff Assistant
    Jeanne M. Haggerty, Policy 
            Coordinator
 Billy Harvard, Legislative Clerk
   Thomas Hassenboehler, Counsel
      Rebecca Hemard, Counsel
  Elizabeth Hill, Staff Assistant
Eric M. Hutchins, Energy Assistant
     Shannon Jacquot, Counsel
Cheryl Jaeger, Professional Staff 
              Member
Jaylyn Jensen, Senior Legislative 
              Analyst
 Samantha Jordan, Press Secretary
Nandan Kenkeremath, Senior Counsel
Peter E. Kielty, Legislative Clerk
  Chris Leahy, Policy Coordinator
  Ryan Long, Professional Staff 
              Member
Clayton Matheson, Research Analyst
  Brian McCullough, Professional 
           Staff Member
    Jean McGinley, Director of 
      Information Technology
Lisa Miller, Deputy Communications 
             Director
 Audrey Murdoch, Assistant to the 
    Administrative Coordinator
    Anh Nguyen, Staff Assistant
 Will Nordwind, Policy Coordinator
 William D. O'brien, Legislative 
     Analyst for Health Policy
 Joseph P. Patterson, Jr., Printer
   Maryam S. Sabbaghian, Counsel
    Jerome Sikorski, Archivist
 Robert E. Simison, Professional 
           Staff Member
  Alan M. Slobodin, Deputy Chief 
    Counsel for Oversight and 
          Investigations
    Amos Snead, Press Assistant
    Andrew L. Snowdon, Counsel
Peter Spencer, Professional Staff 
              Member
     Elizabeth Stack, Policy 
            Coordinator
 Anthony M. Sullivan, Comptroller
 Ryan Thompson, Assistant to the 
             Chairman
 Jon Tripp, Deputy Communications 
             Director
Jacqueline L. Walker, Director of 
         External Affairs
 Linda Walker, Administrative and 
    Human Resources Coordinator

                             Minority Staff


Reid P. F. Stuntz, Minority Staff 
    Director and Chief Counsel
David R. Schooler, Minority Deputy 
Staff Director and General Counsel
 Sharon E. Davis, Chief Minority 
               Clerk
 Candace E. Butler, Deputy Chief 
 Minority Clerk/LAN Administrator
  Jonathan J. Cordone, Minority 
              Counsel
   Angela Davis-West, Minority 
             Secretary
  Jeffrey M. Donofrio, Minority 
        Research Assistant
 Peter J. Filon, Minority Counsel
  John P. Ford, Minority Counsel
   Richard A. Frandsen, Senior 
         Minority Counsel
 Michael L. Goo, Minority Counsel
  Ashley R. Groesbeck, Minority 
        Research Assistant
Amy B. Hall, Minority Professional 
           Staff Member
  Robert T. Hall, Minority Staff 
             Assistant
      Bruce Harris, Minority 
     Professional Staff Member
 Voncille Trotter Hines, Minority 
        Research Assistant
 Edith Holleman, Minority Counsel
 Carla R. V. Hultberg, Assistant 
   Minority Clerk/Assistant LAN 
           Administrator
  Purvee Kemph, Minority Counsel
  Raymond R. Kent, Jr., Minority 
         Finance Assistant
   Christopher Knauer, Minority 
           Investigator
   Jessica A. McNiece, Minority 
        Research Assistant
    David W. Nelson, Minority 
      Investigator/Economist
 Bettina Poirier, Minority Counsel
Gregg Rothschild, Minority Counsel
    Jodi Seth, Minority Press 
             Secretary
 Sue D. Sheridan, Senior Minority 
              Counsel
   Bridgett E. Taylor, Minority 
     Professional Staff Member
  David A. Vogel, Minority Staff 
             Assistant
 Counsuela M. Washington, Senior 
         Minority Counsel
          LEGISLATIVE AND OVERSIGHT ACTIVITY OF THE COMMITTEE

    During the 108th Congress, 1114 bills and resolutions were 
referred to the Committee on Energy and Commerce. The Full 
Committee reported 49 measures to the House (not including 
conference reports). 55 measures regarding issues within the 
Committee's jurisdiction were enacted into law.
    In areas as diverse as health, telecommunications, energy, 
and the environment, the Committee made great strides towards 
the goal of creating a more effective, less expensive, and more 
accountable government that better serves all Americans.
    The following is a summary of the legislative and oversight 
activities of the Committee on Energy and Commerce during the 
108th Congress. This report includes a summary of the 
activities taken by the Committee to implement its Oversight 
Plan for the 108th Congress, which was submitted by the 
Committee under clause 2(d) of rule X. In addition, pursuant to 
clause 1(d)(3) of Rule XI of the Rules of the House of 
Representatives, this reports contains a summary of any 
additional oversight activities undertaken by the Committee and 
the recommendations made or actions taken thereon.
                    Committee on Energy and Commerce

                             FULL COMMITTEE

           (Ratio 31-26)

    JOE BARTON, Texas, Chairman

JOHN D. DINGELL, Michigan            W. J. ``BILLY'' TAUZIN, Louisiana 
HENRY A. WAXMAN, California          3
EDWARD J. MARKEY, Massachusetts      RALPH M. HALL, Texas 1
RICK BOUCHER, Virginia               MICHAREL BILIRAKIS, Florida
EDOLPHUS TOWNS, New York             FRED UPTON, Michian
FRANK PALLONE, Jr., New Jersey       CLIFF STEARNS, Florida
SHERROD BROWN, Ohio                  PAUL E. GILLMOR, Ohio
BART STUPAK, Michigan                CHRISTOPHER COX, California
ELIOT L. ENGEL, New York             NATHAN DEAL, Georgia
ALBERT R. WYNN, Maryland             RICHARD BURR, North Carolina
GENE GREEN, Texas                    ED WHITFIELD, Kentucky
KAREN McCARTHY, Missouri             CHARLIE NORWOOD, Georgia
TED STRICKLAND, Ohio                 BARBARA CUBIN, Wyoming
DIANA DeGETTE, Colorado              JOHN SHIMKUS, Illinois
LOIS CAPSS, California               HEATHER WILSON, New Mexico
MICHAEL F. DOYLE, Pennsylvania       JOHN B. SHADEGG, Arizona
CHRISTOPHER JOHN, Louisiana          CHARLES W. ``CHIP'' PICKERING, 
TOM ALLEN, Maine                     Mississippi, Vice Chairman
JIM DAVIS, Florida                   VITO FOSSELLA, New York
JAN SCHAKOWSKY, Illinois             STEVE BUYER, Indiana
HILDA SOLIS, California              GEORGE RADANOVICH, California
CHARLES A. GONZALEZ, Texas           CHARLES F. BASS, New Hampshire
                                     JOSEPH R. PITTS, Pennsylvania
                                     MARY BONO, California
                                     GREG WALDEN, Oregon
                                     LEE TERRY, Nebraska
                                     MIKE FERGUSON, New Jersey
                                     MIKE ROGERS, Michigan
                                     DARRELLE ISSA, California
                                     C.L. ``BUTCH'' OTTER, Idaho
                                     JOHN SULLIVAN, Oklahoma 
                                     2

                          Oversight Activities


       FEDERAL TRADE COMMISSION BRIEFING ON DO-NOT-CALL REGISTRY

    On January 8, 2003, the Committee on Energy and Commerce 
held a briefing on the Federal Trade Commission's (FTC) request 
for authorization to collect fees to fund a national do-not-
call registry. The focus of the briefing was to review the 
FTC's funding of the registry, the source of funding for the 
registry, and how to best achieve the national rollout of the 
national do-not-call list. The Committee was briefed by the 
Federal Trade Commission.

     A REVIEW OF THE ADMINISTRATION'S FY2004 HEALTH CARE PRIORITIES

    On February 12, 2003, the Committee on Energy and Commerce 
held an oversight hearing to examine the President's proposed 
FY 2004 budget for the Department of Health and Human Services 
(HHS). The hearing focused on Administration's proposed budget 
for the two entitlement programs, Medicare and Medicaid. In 
addition, the hearingprovided the Administration with the 
opportunity to discuss its budget plans for supporting healthy 
communities by funding programs and initiatives that improve access to 
critical health care services and improve quality, as well as funding 
for bioterrorism preparedness and biomedical research. The HHS 
Secretary was the sole witness at the hearing.

                  NATURAL GAS SUPPLY AND DEMAND ISSUES

    On June 10, 2003, the Committee on Energy and Commerce held 
an oversight hearing on domestic natural gas supply and demand 
issues. The hearing examined the projected natural gas supply 
and demand imbalance and its affect on prices. Witnesses 
included representatives from the Energy Information 
Administration, state regulators, industry representatives and 
analysts, and the Chairman of the Federal Reserve Board.

               BLACKOUT 2003: HOW DID IT HAPPEN AND WHY?

    On September 3 and 4, 2003, the Committee on Energy and 
Commerce held two oversight hearings investigating the causes 
of the August 14, 2003, electricity blackout, the largest in 
the nation's history. Approximately 62,000 MW of customer load 
was lost, affecting an area in eight states and Canada with 
roughly 50 million people. Witnesses testifying on the first 
day included the Secretary of the Department of Energy, the 
Governor of Ohio, the Governor of Michigan, the Mayor of 
Detroit, representatives from Federal, regional, and state 
regulatory agencies, and representatives of the North American 
Electric Reliability Council (NERC) and two regional 
reliability councils; the East-Central Area Reliability Council 
(ECAR) and the Northeast Power Coordinating Council (NPCC). 
Witnesses testifying on the second day included officials from 
six companies directly affected by the blackouts, the 
independent system operators and the regional transmission 
operator in the region of the blackout, industry analysts and 
officers, consumer advocacy groups, and the investment 
community.

 MANAGING BIOMEDICAL RESEARCH TO PREVENT AND CURE DISEASE IN THE 21ST 
               CENTURY: MATCHING NIH POLICY WITH SCIENCE

    On October 2, 2003, the Committee on Energy and Commerce 
held a joint oversight hearing with the Senate Committee on 
Health, Education, Labor, and Pensions, on the organizational 
structure of the National Institutes of Health (NIH). The 
hearing focused on how the current organizational structure of 
NIH impacts the management of the agency, priority setting, and 
the advancement of science. Testimony was received from both 
the current and past Director of the NIH, as well as a 
representative of the National Academy of Sciences.

     A REVIEW OF THE ADMINISTRATION'S FY2005 HEALTH CARE PRIORITIES

    On March 10, 2004, the Committee on Energy and Commerce 
held an oversight hearing to examine the President's proposed 
FY 2005 budget for the Department of Health and Human Services 
(HHS). The hearing focused on the Administration's budget 
requirements for the Centers for Medicare and Medicaid Services 
($482.1 billion, an increase of $29.1 billion from FY 2004 
request). The hearing also provided the Administration with the 
opportunity to discuss its budget plans for other priorities, 
including: additional programs for health care access (i.e., 
community health centers, health savings accounts, and health 
care tax credits); bioterrorism preparedness and biomedical 
research; fighting AIDS; food and drug reforms; additional 
programs supporting public health; and initiatives concerning 
marriage, children, and healthy family development. The HHS 
Secretary was the sole witness at the hearing.

                       THE STATE OF U.S. INDUSTRY

    On March 24, 2004, the Committee on Energy and Commerce 
held an oversight hearing on the state of U.S. industry. The 
hearing focused on the challenges facing American manufacturing 
with a specific review of the Department of Commerce's plan to 
promote manufacturing. Specifically, the hearing addressed 
plans to create the conditions for economic growth and 
manufacturing investment; lower the cost of manufacturing in 
the United States; invest in innovation, strengthen education, 
retraining, and economic diversification; promote open markets; 
and enhance government's focus on manufacturing 
competitiveness. The sole witness was the Secretary of 
Commerce.

         FY2005 BUDGET PRIORITIES FOR THE DEPARTMENT OF ENERGY

    On April 1, 2004, the Committee on Energy and Commerce held 
an oversight hearing to examine the Department of Energy's 
budget request for fiscal year 2005. The sole witness was the 
Secretary of the Department of Energy.

                             Hearings Held

    The Do-Not-Call List Authorization.--Oversight briefing on 
the Do-Not-Call List Authorization. Briefing held on January 8, 
2003. PRINTED, Serial Number 108-1.
    A Review of the Administration FY2004 Health Care 
Priorities.--Oversight hearing on a Review of the 
Administration FY2004 Health Care Priorities. Hearing held on 
February 12, 2003. PRINTED, Serial Number 108-8.
    Natural Gas Supply and Demand Issues.--Oversight hearing on 
Natural Gas Supply and Demand Issues. Hearing held on June 10, 
2003. PRINTED, Serial Number 108-26.
    Blackout 2003: How Did it Happen and Why?--Oversight 
hearing on Blackout 2003: How Did it Happen and Why? Hearing 
held on September 3, 2003 and September 4, 2003. PRINTED, 
Serial Number 108-54.
    Managing Biomedical Research to Prevent and Cure Disease in 
the 21st Century: Matching NIH Policy with Science.--Joint 
oversight hearing with the Senate Committee on Health, 
Education, Labor, and Pensions on Managing Biomedical Research 
to Prevent and Cure Disease in the 21st Century: Matching NIH 
Policy with Science. Hearing held on October 2, 2003. PRINTED, 
Serial Number 108-56.
    A Review of the Administration's FY2005 Health Care 
Priorities.--Oversight hearing on a Review of the 
Administration's FY2005 Health Care Priorities. Hearing held on 
March 10, 2004. PRINTED, Serial Number 108-100.
    The State of U.S. Industry.--Oversight hearing on the State 
of U.S. Industry. Hearing held on March 24, 2004. PRINTED, 
Serial Number 108-79.
    FY2005 Budget Priorities for the Department of Energy.--
Oversight hearing on FY2005 Budget Priorities for the 
Department of Energy. Hearing held on April 1, 2004. PRINTED, 
Serial Number 108-80.
        Subcommittee on Commerce, Trade, and Consumer Protection

           (Ratio 16-13)

 CLIFF STEARNS, Florida, Chairman

JAN SCHAKOWSKY, Illinois             FRED UPTON, Michigan
CHARLES A. GONZALEZ, Texas           ED WHITFIELD, Kentucky
EDOLPHUS TOWNS, New York             BARBARA CUBIN, Wyoming
SHERROD BROWN, Ohio                  JOHN SHIMKUS, Illinois
PETER DEUTSCH, Florida               JOHN B. SHADEGG, Arizona
BOBBY L. RUSH, Illinois                Vice Chairman
BART STUPAK, Michigan                GEORGE RADANOVICH, California
GENE GREEN, Texas                    CHARLES F. BASS, New Hampshire
KAREN McCARTHY, Missouri             JOSEPH R. PITTS, Pennsylvania
TED STRICKLAND, Ohio                 MARY BONO, California
DIANA DeGETTE, Colorado              LEE TERRY, Nebraska
JIM DAVIS, Florida                   MIKE FERGUSON, New Jersey
JOHN D. DINGELL, Michigan            DARRELL E. ISSA, California
  (ex officio)                       C.L. ``BUTCH'' OTTER, Idaho
                                     JOHN SULLIVAN, Oklahoma
                                     JOE BARTON, Texas
                                       (ex officio)

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

                         Legislative Activities


                     DO-NOT-CALL IMPLEMENTATION ACT

                      Public Law 108-10 (H.R. 395)

    A bill to authorize the Federal Trade Commission to collect 
fees for the implementation and enforcement of a ``do-not-
call'' registry, and for other purposes.

Summary

    H.R. 395, the ``Do-Not-Call Implementation Act,'' 
authorizes the Federal Trade Commission (FTC) to promulgate 
regulations establishing fees sufficient to implement and 
enforce provisions relating to the ``do-not-call'' registry of 
the Telemarketing Sales Rule promulgated under the Telephone 
Consumer Fraud and Abuse Prevention Act, allows such fees to be 
collected for FY 2003 through 2007, and directs the Federal 
Communications Commission (FCC) to issue a final rule pursuant 
to a rulemaking proceeding begun under the Telephone Consumer 
Protection Act and coordinate with the FTC to maximize 
consistency with the FTC's ``do-not-call'' rule.

Legislative History

    On January 8, 2003, the Committee on Energy and Commerce 
held a briefing on the Federal Trade Commission's (FTC) request 
for authorization to collect fees to fund a national do-not-
call registry. The focus of the briefing was to review the 
FTC's funding of the registry, the source of funding for the 
registry, and how to best achieve the national rollout of the 
national do-not-call list. The Committee was briefed by the 
Federal Trade Commission.
    On January 28, 2003, H.R. 395 was introduced in the House 
by Mr. Tauzin and was referred to the House Committee on Energy 
and Commerce.
    On January 29, 2003, the Full Committee met in open markup 
session and ordered H.R. 395 reported to the House by voice 
vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 395 to 
the House on February 11, 2003 (H. Rpt. 108-8).
    On February 12, 2003, the House considered H.R. 395 under a 
previous order of the House, and passed the bill by a vote of 
418 yeas to 7 nays.
    H.R. 395 was received in the Senate, read twice, 
considered, read the third time, and passed without amendment 
by unanimous consent on February 13, 2003.
    On February 27, 2003, H.R. 395 was presented to the 
President and on March 11, 2003, was signed by the President 
(Public Law 108-10).

                  RATIFICATION OF DO-NOT-CALL REGISTRY

                     Public Law 108-82 (H.R. 3161)

    To ratify the authority of the Federal Trade Commission to 
establish a do-not-call registry.

Summary

    H.R. 3161 declares that the Federal Trade Commission (FTC) 
is authorized under the Telemarketing and Consumer Fraud and 
Abuse Prevention Act to implement and enforce a national do-
not-call registry and ratifies the do-not-call registry 
provision of the Telemarketing Sales Rule, which were 
promulgated by the Federal Trade Commission, effective March 
31, 2003.

Legislative History

    H.R. 3161 was introduced in the House by Mr. Tauzin on 
September 24, 2003 and was referred to the Committee on Energy 
and Commerce.
    On September 25, 2003 the House considered H.R. 3161 
pursuant to a previous order, and passed the House by a vote of 
412 yeas to 8 nays.
    On September 25, 2003, H.R. 3161 was received in the 
Senate, read twice, considered, read the third time, and passed 
without amendment by a vote of 95 yeas to 0 nays.
    On September 29, 2003, H.R. 3161 was presented to and 
signed by the President (Public Law 108-82).

                 FAIRNESS TO CONTACT LENS CONSUMERS ACT

               Public Law 108-164 (H.R. 3140, H.R. 2221)

    To provide for availability of contact lens prescriptions 
to patients, and for other purposes.

Summary

    H.R. 3140 requires a contact lens prescriber to provide 
patients with a copy of their contact lens prescription, 
whether or not requested by the patient, and verify the 
prescription's accuracy, or make necessary corrections, to a 
contact lens seller or any person designated by the patient. It 
also prohibits a prescriber from requiring patients to purchase 
contact lenses from the prescriber, charging an additional fee 
for a copy of the prescription, requiring the patient to sign a 
waiver, and disclaiming liability or responsibility for the 
accuracy of the eye examination. H.R. 3140 also allows a seller 
to fill a prescription for contact lenses only when a seller 
receives a contact lens prescription directly or by facsimile, 
a seller verifies a prescription by direct communication with 
the prescriber, or the prescriber fails to respond to the 
seller within eight business hours after being contacted by the 
seller with the prescription information.

Legislative History

    H.R. 3140 was introduced in the House by Mr. Burr on 
September 23, 2003, and was referred to the Committee on Energy 
and Commerce.
    On September 24, 2003, the Subcommittee on Commerce, Trade, 
and Consumer Protection met in open markup session and approved 
H.R. 3140 for full Committee consideration, without amendment, 
by a voice vote, a quorum being present.
    The Full Committee met on October 1, 2003, in open markup 
session and ordered reported H.R. 3140, as amended, by a voice 
vote, a quorum being present.
    On October 15, 2003, the Committee on Energy and Commerce 
reported H.R. 3140 to the House, amended (H. Rpt. 108-318).
    The House considered H.R. 3140, as amended, on November 19, 
2003, under suspension of the rules and passed H.R. 3140 by a 
vote of 406 yeas to 12 nays.
    On November 20, 2003, H.R. 3140 was received in the Senate, 
read twice, considered, read the third time, and passed without 
amendment by unanimous consent.
    H.R. 3140 was presented to the President on November 26, 
2003, and on December 6, 2003, the President signed H.R. 3140 
(Public Law 108-164).

CONTROLLING THE ASSUALT OF NON-SOLICITED PORNOGRAPHY AND MARKETING ACT 
                                OF 2003

           Public Law 108-187 (S. 877, H.R. 2214, H.R. 2515)

    To regulate interstate commerce by imposing limitations and 
penalties on the transmission of unsolicited commercial 
electronic mail via the Internet.

Summary

    S. 877 prohibits certain predatory and abusive practices 
used to send commercial email and provides consumers with the 
ability to more easily identify and opt-out of receiving other 
unwanted commercial e-mail. The legislation provides 
enforcement tools to the Federal Trade Commission (FTC), the 
Department of Justice (DOJ), other Federal regulators, States 
Attorneys General and bona fide Internet service providers 
(ISP) to enforce compliance with the Act.

Legislative History

    S. 877 was introduced in the Senate by Senator Burns and 
six cosponsors on April 10, 2003. The bill was referred to the 
Committee on Commerce, Science, and Transportation.
    On June 19, 2003, the Committee on Commerce, Science, and 
Transportation ordered S. 877 reported to the Senate, as 
amended. On July 16, 2003, the Committee on Commerce, Science, 
and Transportation reported S. 877 to the Senate (S. Rpt. 108-
102).
    The Senate passed S. 877, as amended, by a vote of 97 yeas 
to 0 nays on October 22, 2003.
    On October 24, 2003, S. 877 was received by the House and 
held at the desk. On November 22, 2003, S. 877 was considered 
under suspension of the rules and passed the House, as amended, 
by a vote of 392 yeas to 5 nays.
    On November 25, 2003, the Senate concurred in the House 
amendment with an amendment by unanimous consent.
    On December 8, 2003, the House agreed, by unanimous 
consent, to the Senate amendment to the House amendment.
    S. 877 was presented to the President on December 11, 2003. 
On December 16, 2003, the President signed S. 877 (Public Law 
No. 108-187).

             THE SPORTS AGENT RESPONSIBILITY AND TRUST ACT

                     Public Law 108-304 (H.R. 361)

    To designate certain conduct by sports agents relating to 
the signing of contracts with student athletes as unfair and 
deceptive acts or practices to be regulated by the Federal 
Trade Commission.

Summary

    H.R. 361 prohibits an athlete agent from: (1) recruiting or 
soliciting a student athlete to enter into an agency contract 
by giving false or misleading information or providing anything 
of value to the athlete or anyone associated with the athlete 
before entering into such contract; (2)entering into an agency 
contract with a student athlete without providing the required 
disclosure document; or, (3) predating or postdating an agency 
contract.
    H.R. 361 also requires certain disclosures be made. An 
athlete agent, in conjunction with entering into an agency 
contract, must provide to the athlete (or to the athlete's 
parent or legal guardian if the student athlete is under age 
18) a separate disclosure document that includes notice that if 
the athlete agrees orally or in writing to be represented by an 
agent, he or she may lose eligibility to compete as a student 
athlete. The legislation requires both the student athlete and 
the agent to notify the athletic director of the athlete's 
educational institution that the athlete has entered into an 
agency contract within 72 hours or before the athlete's next 
athletic event, whichever occurs first.
    The bill treats a violation of this Act as an unfair or 
deceptive act or practice under the Federal Trade Commission 
Act. Authorizes civil actions by State Attorneys General. It 
also grants educational institutions the right to bring a civil 
action against an athlete agent for damages caused by a 
violation of this Act.
    Finally, H.R. 361 expresses the sense of Congress that 
states should enact the Uniform Athlete Agents Act of 2000 
drafted by the National Conference of Commissioners on Uniform 
State Laws.

Legislative History

    H.R. 361 was introduced in the House on January 27, 2003, 
by Mr. Gordon and referred to the Committee on Energy and 
Commerce.
    The Full Committee met in open markup session to consider 
H.R. 361 on January 29, 2004, and ordered H.R. 361 reported to 
the House by voice vote, a quorum being present. On March 5, 
2003, the Committee on Energy and Commerce reported H.R. 361 to 
the House (H. Rpt. 108-24, Part I.)
    On March 5, H.R. 361 was referred sequentially to the House 
Committee on the Judiciary for a period ending not later than 
June 1, 2003, for consideration of such provisions of the bill 
as fall within the jurisdiction of that committee pursuant to 
clause 1(k), rule X.
    On May 20, 2003, the House Committee on Judiciary was 
granted an extension for further consideration ending not later 
than June 2, 2003.
    On May 21, 2003, the Committee on the Judiciary considered 
H.R. 361 in a markup session and ordered it to be reported, as 
amended, by voice vote. The Committee on the Judiciary reported 
H.R. 361, as amended, on June 2, 2003 (H. Rpt. 108-24, Part 
II).
    On June 4, 2003 H.R. 361 was considered under suspension of 
the rules and passed the House, as amended, by voice vote.
    H.R. 361 was received in the Senate and read twice and 
referred to the Committee on Commerce, Science, and 
Transportation on June 5, 2003.
    On September 9, 2004 the Senate Committee on Commerce, 
Science, and Transportation was discharged from further 
consideration by unanimous consent and H.R. 361 passed the 
Senate by unanimous consent.
    H.R. 361 was presented to the President on September 16, 
2004. On September 24, 2004, the President signed H.R. 361 
(Public Law 108-304).

   NORMAN Y. MINETA RESEARCH AND SPECIAL PROGRAMS REORGANIZATION ACT

                     Public Law 108-426 (H.R. 5163)

    To amend title 49, United States Code, to provide the 
Department of Transportation a more focused research 
organization with an emphasis on innovative technology, and for 
other purposes.

Summary

    H.R. 5163, the ``Norman Y. Mineta Research and Special 
Programs Reorganization Act,'' reorganizes the Department of 
Transportation to create a Research and Innovative Technology 
Administration that will coordinate and manage research and 
development programs for the various agencies within the 
Department of Transportation and establishes the Pipeline and 
Hazardous Materials Safety Administration.

Legislative History

    H.R. 5163 was introduced in the House by Mr. Young (AK) on 
September 29, 2004, and was referred to the Committee on 
Transportation and Infrastructure, and in addition to the 
Committee on Energy and Commerce, and the Committee on Science, 
for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned.
    The Committee on Transportation and Infrastructure reported 
H.R. 5163 to the House on October 6, 2004, by voice vote (H. 
Rpt. 108-749).
    The Committee on Energy and Commerce and the Committee on 
Transportation and Infrastructure exchanged correspondence on 
H.R. 5163 on October 6, 2004.
    The House considered H.R. 5163, as amended, on October 7, 
2004, under suspension of the rules and passed H.R. 5163 by a 
voice vote.
    On October 7, 2004, H.R. 5163 was received in the Senate 
and read twice.
    H.R. 5163 passed the Senate by unanimous consent on 
November 16, 2004.
    On November 19, 2004, H.R. 5163 was presented to the 
President and was signed by the President on November 30, 2004 
(Public Law 108-426).

              DIGITAL MEDIA CONSUMERS' RIGHTS ACT OF 2003

                               (H.R. 107)

    To amend the Federal Trade Commission Act to provide that 
the advertising or sale of a mislabeled copy-protected music 
disc is an unfair method of competition and an unfair and 
deceptive act or practice, and for other purposes.

Summary

    H.R. 107 amends section 5 of the Federal Trade Commission 
Act and makes it an unfair and deceptive act or practice to 
advertise or sell mislabeled copy-protected compact disks. It 
also clarifies that it is not a violation of the Digital 
Millennium Copyright Act (DMCA) to manufacture, import, or make 
available any technology that is primarily designed or produced 
for the purpose of circumventing a technological measure that 
controls access to a protected work or restricts the ability to 
use copyrightable material in an infringing way if the person 
is acting solely in the furtherance of scientific research into 
technological protection measures. Section 5(b)(1) restores 
fair use under Section 1201(c) of the DMCA by clarifying that 
it is not a violation of the DMCA to circumvent a technological 
measure to access or use a work if the circumvention does not 
result in an infringement of the copyright in the work.

Legislative History

    H.R. 107 was introduced in the House by Mr. Boucher and 
three cosponsors on January 7, 2003. The bill was referred to 
the Committee on Energy and Commerce and to the Committee on 
the Judiciary.
    On May 12, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing on The Digital Media 
Consumers' Rights Act of 2003. The hearing focused on the 
tension between attempts by content owners to protect and 
control the use of their works by means of technology, enabled 
by the anti-circumvention provisions of the Digital Millennium 
Copyright Act (DMCA), and the consumer's use of technology to 
make use of content under fair use. The hearing also explored 
legislation that would make it an unfair and deceptive act or 
practice in commerce to introduce into commerce or to advertise 
the sale of, a prerecorded digital music disc that is 
mislabeled or falsely or deceptively advertised. The Committee 
heard testimony from Members of Congress, two professors of 
Intellectual Property law, representatives from the 
Intellectual Property content industry, representatives from 
the consumer electronics industry, a former Member of Congress 
and music mixing enthusiast, a representative from the American 
Library Association, a representative from a public policy 
think tank, and a representative from a consumer group.
    No further action was taken in the 108th Congress.

                  AMERICAN SPIRIT FRAUD PREVENTION ACT

                               (H.R. 346)

    To amend the Federal Trade Commission Act to increase civil 
penalties for violations involving certain proscribed acts or 
practices that exploit popular reaction to an emergency or 
major disaster declared by the President, and to authorize the 
Federal Trade Commission (FTC) to seek civil penalties for such 
violations in actions brought under section 13 of that Act.

Summary

    H.R. 346 amends the Federal Trade Commission Act to double 
civil penalties imposed for committing unfair or deceptive acts 
or practices if such acts or practices exploit popular reaction 
during a presidentially declared emergency or disaster period, 
and directs a court to impose a monetary civil penalty on a 
person found in an action seeking a temporary restraining order 
or preliminary injunction to have committed such a violation 
during such period.

Legislative History

    H.R. 346 was introduced in the House by Mr. Bass on January 
27, 2003, and was referred to the Committee on Energy and 
Commerce.
    On January 29, 2003, the Full Committee met in open markup 
session and ordered H.R. 346 reported to the House by a voice 
vote.
    The Committee on Energy and Commerce reported H.R. 346 to 
the House on February 4, 2003 (H. Rpt. 108-5).
    The House considered H.R. 346 on February 12, 2003, under 
suspension of the rules, and passed H.R. 346 by a vote of 422 
yeas to 1 nay.
    On February 13, 2003, H.R. 346 was received in the Senate 
and read twice and referred to the Committee on Commerce, 
Science, and Transportation.
    No further action was taken on H.R. 346 in the 108th 
Congress.

                 FAIRNESS TO CONTACT LENS CONSUMERS ACT

                         (H.R. 2221, H.R. 3140)

    To provide for availability of contact lens prescriptions 
to patients, and for other purposes.

Summary

    H.R. 2221 requires a ``prescriber'' (a person permitted 
under state law to issue prescriptions for contact lenses) to 
provide to the patient a copy of the patient's contact lens 
prescription free of charge and declares that a contact lens 
prescription shall expire: on the date specified by the law of 
the state involved, if that date is one year or more after the 
issue date of the prescription; or not less than one year after 
the issue date of the prescription, if such state law specifies 
no date or a date that is less than one year after the date of 
the prescription. The bill also permits an exception in either 
instance for a patient's ocular health and prohibitsadvertising 
that lenses for which a prescription is required may be obtained 
without a prescription a prescriber from issuing certain waivers.

Legislative History

    H.R. 2221 was introduced into the House by Mr. Burr on May 
22, 2003, and was referred to the Committee on Energy and 
Commerce.
    On September 9, 2003, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a hearing on H.R. 2221. The focus 
of the hearing was to learn about the competitive problems 
arising from the dispensing and sale of contact lenses. The 
Subcommittee received from government witnesses, ocular trade 
associations, industry representatives, and consumer protection 
groups.
    No further action was taken on H.R. 2221 in the 108th 
Congress.

          SECURELY PROTECT YOURSELF AGAINST CYBER TRESPASS ACT

                              (H.R. 2929)

    To protect users of the Internet from unknowing 
transmission of their personally identifiable information 
through spyware programs.

Summary

    H.R. 2929 prohibits unfair or deceptive behavior related to 
spyware. The bill also requires an opt-in be included in 
software that monitors web usage or collects personally 
identifiable information and uses that information to deliver 
advertising to the consumer. Violations of the SPY ACT are 
enforceable by the Federal Trade Commission (FTC) as if any 
violation of the Act were an unfair or deceptive act or 
practice under the FTC Act. The Act provides for enhanced 
penalties under the FTC Act.

Legislative History

    H.R. 2929 was introduced in the House by Ms. Bono and one 
cosponsor on July 25, 2003. The bill was referred to the 
Committee on Energy and Commerce.
    The Subcommittee on Commerce, Trade, and Consumer 
Protection held an oversight hearing on spyware on April 29, 
2004. The Subcommittee received testimony from the Federal 
Trade Commission, a consumer's group, an Internet service 
provider, and a technology company.
    On June 17, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and approved 
H.R. 2929, as amended, for Full Committee consideration, by a 
voice vote, a quorum being present. On June 24, 2004, the 
Committee on Energy and Commerce met in open markup session and 
ordered H.R. 2929 reported to the House, as amended, by a 
recorded vote of 45 yeas to 4 nays, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 2929 to 
the House, amended, on July 20, 2004 (H. Rpt. 108-619).
    On October 5, 2004, H.R. 2929 was considered in the House 
under suspension of the rules. The bill passed the House, as 
amended, by a vote of 399 yeas and 1 nay.
    The bill was received in the Senate on October 6, 2004.
    No further action was taken on H.R. 2929 in the 108th 
Congress.

             INTERNATIONAL CONSUMER PROTECTION ACT OF 2003

                              (H.R. 3143)

    To enhance Federal Trade Commission enforcement against 
cross-border fraud and deception.

Summary

    H.R. 3143 amends the Federal Trade Commission Act to (1) 
improve the Federal Trade Commission's (FTC) ability to share 
confidential information with foreign law enforcement agencies; 
(2) clarify its authority to take action in cross-border cases; 
and, (3) expand its ability, in cooperation with the Department 
of Justice, to use additional staff and financial resources in 
pursuing foreign litigation. At present, the FTC is prohibited 
by statute from sharing information it obtains pursuant to a 
Civil Investigative Demand (CID) with its foreign counterparts. 
The legislation permits it to share with foreign law enforcers 
compelled or confidential information in consumer protection 
cases, to the same extent allowed with domestic law enforcement 
agencies. This will assist foreign law enforcers to prosecute 
fraud and deception directed at United States citizens. It will 
also allow the FTC to obtain foreign information needed to 
fight fraud and deception. H.R. 3143 sets forth the 
Commission's ability to obtain consumer redress in cross-border 
cases by clarifying its authority to take action in such cases, 
and expanding its ability to use foreign counsel to pursue 
assets offshore.

Legislative History

    On September 17, 2003, the Subcommittee on Commerce, Trade, 
and Consumer protection held a hearing on a Committee Print 
entitled H.R. ------, The International Consumer Protection 
Act. The Subcommittee received testimony from the Chairman of 
the FTC, a credit card company and consumer protection groups.
    Mr. Stearns and one cosponsor introduced H.R. 3143 in the 
House on September 23, 2003. The bill was referred to the 
Committee on Energy and Commerce.
    On September 24, 2003, the Subcommittee on Commerce, Trade, 
and Consumer Protection met in open markup session to consider 
H.R 3143. The Subcommittee approved H.R 3143 for Full Committee 
consideration, without amendment, by voice vote, a quorum being 
present.
    The Full Committee met in open markup session on October 1, 
2003, to consider H.R. 3143. The Committee ordered H.R 3143 
reported to the House, without amendment, by a voice vote, a 
quorum being present.
    On July 22, 2004, the Committee on Energy and Commerce 
reported H.R. 3143 to the House (H. Rpt. 108-635, Part I).
    On July 22, 2004, H.R. 3143 was referred jointly and 
sequentially to the Committee on Financial Services for a 
period ending not later than October 1, 2004 for consideration 
of such provisions of the bill as fall within the jurisdiction 
of that committee pursuant to clause 1(g), rule X; the 
Committee on International Relations for a period ending not 
later than October 1, 2004 for consideration of such provisions 
of the bill as fall within the jurisdiction of that committee 
pursuant to clause 1(j), rule X; and, the Committee on the 
Judiciary for a period ending not later than October 1, 2004 
for consideration of such provisions of the bill as fall within 
the jurisdiction of that committee pursuant to clause 1(k), 
rule X.
    On October 1, 2004, the Committee on Financial Services, 
Committee on International Relations, and the Committee on the 
Judiciary were granted an extension for further consideration 
ending not later than November 19, 2004.
    On November 16, 2004 the Committee on the Judiciary 
reported H.R. 3143 to the House (H. Rpt. 108-635, Part II).
    On November 19, 2004, the Committee on Financial Services, 
Committee on International Relations, and the Committee on the 
Judiciary were granted an extension for further consideration 
ending not later than November 22, 2004.
    On November 22, 2004, the Committee on Financial Services 
and the Committee on International Relations were granted an 
extension for further consideration ending not later than 
December 10, 2004.
    No further action was taken on H.R. 3143 in the 108th 
Congress.

      DATABASE AND COLLECTIONS OF INFORMATION MISAPPROPRIATION ACT

                         (H.R. 3261, H.R. 3872)

    To prohibit the misappropriation of databases.

Summary

    H.R. 3261 prohibits the misappropriation of databases, 
including compilations of factual information. In 1991, the 
Supreme Court in Feist Publications, Inc. v. Rural Tel. Ser. 
Co, 499 U.S. 340 (1991), rejected the ``sweat of the brow'' 
doctrine which some courts used to confer copyright protection 
of factual information. H.R. 3261 was introduced in response to 
the Feist decision and uses the Commerce Clause of the United 
States Constitution instead of the Copyright Clause to protect 
compilations of factual information.

Legislative History

    H.R. 3261 was introduced in the House by Mr. Coble and five 
cosponsors on October 8, 2003. The bill was referred to the 
Committee on the Judiciary.
    The Subcommittee on Commerce, Trade, and Consumer 
protection held a joint hearing with the Committee on the 
Judiciary's Subcommittee on Courts, the Internet, and 
Intellectual Property on a discussion draft of what would 
become H.R. 3261 on September 23, 2003. The Subcommittee 
received testimony from the United States Copyright Office, the 
Chamber of Commerce, a software industry representative and a 
representative from the National Research Council.
    On October 16, 2003, the Subcommittee on Courts, the 
Internet, and Intellectual Property met in open markup session 
to consider H.R. 3261. The Subcommittee approved H.R. 3261 for 
Full Committee consideration, with amendment, by a recorded 
vote of 10 yeas and 3 nays, a quorum being present.
    On January 21, 2004, the Committee on the Judiciary met in 
open markup session to consider H.R. 3261. The Committee 
ordered H.R. 3261 reported, as amended, by a recorded vote of 
16 yeas and 7 nays, a quorum being present.
    The Committee on the Judiciary reported H.R. 3261 to the 
House, as amended, on February 11, 2004 (H. Rpt. 108-421, Part 
I).
    The House Committee on Energy and Commerce received a 
sequential referral of H.R. 3261 on February 11, 2004, for a 
period ending not later than March 12, 2004.
    On March 3, 2004, the Committee on Energy and Commerce met 
in open markup session and ordered H.R. 3261 unfavorably 
reported to the House, as amended, by voice vote, a quorum 
being present.
    The Committee on Energy and Commerce reported H.R. 3261 
unfavorably to the House, as amended, on March 11, 2004 (H. 
Rpt. 108-421, Part II).
    No further action was taken on H.R. 3261 in the 108th 
Congress.

             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

                          (H.R. 3550, S. 1072)

    To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes.

Summary

    S. 1072 provides for a reauthorization of the National 
Highway Traffic Safety Administration (NHTSA), including a 
number of rulemakings requiring NHTSA to enact additional 
automobile safety standards.

Legislative History

    H.R. 3550 was introduced by Mr. Young (AK) on November 20, 
2003, and referred to the Committee on Transportation and 
Infrastructure.
    On March 24, 2004, the Committee on Transportation and 
Infrastructure met in open markup session and ordered H.R. 3550 
to be reported, as amended, by voice vote. On March 29, 2004, 
the Committee on Transportation and Infrastructure reported 
H.R. 3550 to the House (H. Rpt.108-452, Part I).
    On March 29, 2004, H.R. 3550 was referred jointly and 
sequentially to the Committees on Education and the Workforce, 
Energy and Commerce, Judiciary, Resources, and Science for a 
period ending not later than March 29, 2004 for consideration 
of such provisions of the bill and amendment as fall within the 
jurisdiction of that committee pursuant to clause 1, rule X.
    On March 29, 2004, the Committees on Education and the 
Workforce, Energy and Commerce, Judiciary, Resources, and 
Science were discharged from further consideration of the bill.
    On April 1, 2004, H.R. 3550 was considered in the House 
pursuant to H. Res. 593. The bill passed the House, as amended, 
by vote of 357 yeas and 65 nays on April 2, 2004.
    On April 8, 2004, H.R. 3550 was received in the Senate. The 
bill was read twice, and placed on the Senate Legislative 
Calendar under General Orders on April 22, 2004.
    On May 19, 2004, the Senate struck all after the enacting 
clause of H.R. 3550, inserted in lieu thereof the provisions of 
S.1072, and passed the bill, as amended, by unanimous consent.
    The Senate insisted on its amendment and requested a 
conference with the House on May 19, 2004 and on May 20, 2004, 
appointed conferees.
    The House disagreed to the Senate amendment, agreed to the 
Senate's request to go to conference on June 3, 2004, and 
appointed conferees. The Speaker appointed conferees from the 
Committee on Energy and Commerce for consideration of 
provisions in the House bill and Senate amendment relating to 
Clean Air Act provisions of transportation planning contained 
in sec. 6001 of the House bill, and secs. 3005 and 3006 of the 
Senate amendment; and secs. 1202, 1824, 1828, and 5203 of the 
House bill, and secs. 1501, 1511, 1522, 1610-1619, 3016, 3023, 
4108, 4151, 4152, 4155-4159, 4162, 4172, 4173, 4424, 4481, 
4482, 4484, 4662, 8001, and 8002 of the Senate amendment, and 
modifications committed to conference, Messrs. Barton, 
Pickering, and Dingell.
    The Conference Committee met on June 9, June 23, and July 
7, July 20, and July 22, 2004.
    No further action was taken on H.R. 3550 in the 108th 
Congress.

                   STOCK OPTION ACCOUNTING REFORM ACT

                              (H.R. 3574)

    To require the mandatory expensing of stock options granted 
to executive officers, and for other purposes.

Summary

    H.R. 3574 amends the Securities Exchange Act of 1934 to 
require an issuer of registered securities to expense the fair 
value of stock options granted after December 31, 2004, to 
individuals serving as Chief Executive Officer of the issuer 
and the four most highly compensated executive officers, other 
than the Chief Executive Officer. The bill also amends the 
Securities Act of 1933 to prohibit the Securities and Exchange 
Commission from recognizing as ``generally accepted'' any 
accounting principle relating to the expensing of stock options 
unless the standard meets certain computation requirements and 
the Secretary of Commerce and the Secretary of Labor have 
studied and reported on the economic impact of mandatory 
expensing of employee stock options. The bill also provides for 
expanded disclosure of employee stock option plans.

Legislative History

    H.R. 3574 was introduced in the House of Representatives by 
Mr. Baker and seven cosponsors on November 21, 2003. The bill 
was referred to the Committee on Financial Services.
    On June 15, 2004, the Committee on Financial Services 
ordered H.R 3574 reported to the House, as amended, by a vote 
of 45 yeas to 13 nays.
    The Committee on Financial Services reported H.R. 3574 to 
the House on July 15, 2004 (H. Rpt. 108-609, Part I).
    On July 15, 2004, H.R. 3574 was referred sequentially to 
the Committee on Energy and Commerce for a period ending not 
later than July 16, 2004 for consideration of such provisions 
of the bill and amendment as fall within the jurisdiction of 
that committee pursuant to clause 1(f), rule X.
    The Subcommittee on Commerce, Trade, and Consumer 
protection held a hearing on accounting for stock options on 
July 8, 2004, in anticipation of the sequential referral. On 
July 16, 2004, the Committee and Energy and Commerce was 
discharged from further consideration of H.R. 3574.
    On July 20, 2004, the House considered H.R. 3754 under the 
provisions of H. Res. 725, and passed H.R. 3754, as amended, by 
a vote of 312 yeas to 111 nays.
    On July 21, 2004, the bill was received in the Senate. On 
September 7, 2004, H.R. 2574 was referred to the Committee on 
Banking, Housing, and Urban Affairs.
    No further action was taken in the 108th Congress.

               UNITED STATES OLYMPIC COMMITTEE REFORM ACT

                              (H.R. 3825)

    To amend title 36, United States Code, to amend the Federal 
charter of the United States Olympic Committee, and for other 
purposes.

Summary

    H.R. 3825 makes changes to the governance structure of the 
United States Olympic Committee (USOC) by eliminating the 
Executive Committee and reducing the 123 person board of 
directors to nine elected voting members in addition to the 
three sitting US IOC members. The elected members will consist 
of: five independent directors; two directors nominated by the 
Athlete's Advisory Council; and two directors nominated by the 
National Governing Bodies Council). H.R. 3825 further specifies 
the weighting of votes and procedures for deciding matters that 
result in a tied vote.
    H.R. 3825 creates an Olympic Assembly representing the USOC 
membership and provides for a Liaison between the Board and 
Assembly. The legislation also provides Paralympic sports 
representation on the Board. H.R. 3825 delineates the 
responsibilities of the CEO regarding the operations of the 
organization and provides the Board with responsibility for 
oversight of the CEO
    Further, H.R. 3825 requires a compliance program to be 
established and maintained at the executive level. 
Additionally, the legislation requires Secretary of Commerce to 
conduct a study of the economic impact of hosting the Olympics 
in the United States. H.R. 3825 also authorizes the Secretary 
of Commerce to make grants to state and local tourism boards 
(in the event the US hosts the Olympics or Pan American games) 
for the promotion of tourism related to the games.

Legislative History

    The Subcommittee on Commerce, Trade, and Consumer 
Protection held two oversight hearings on the USOC. The first 
hearing was held March 19, 2003, and addressed a number of 
issues related to the structure of the USOC and its effect on 
the USOC's ability to fulfill its mission. Witnesses testifying 
at the hearing included current and former US Olympic athletes, 
including two Members of the 108th Congress, as well as current 
and former representatives of the USOC, the current head of the 
Athlete's Advisory Committee, the head of the National 
Governing Bodies Council and a member of the board of 
directors.
    The Subcommittee held a second oversight hearing on July 
16, 2003, to examine the recommendations to reform the USOC put 
forth by the USOC's internal Task Force on Governance and 
Ethics and a second set of recommendations proposed by the 
Independent Commission of the USOC. Witnesses included members 
of both groups as well as a representative of Disabled Sports 
USA.
    On February 24, 2004, Mr. Stearns introduced as H.R. 3825, 
which was referred to the Committee on the Judiciary, and in 
addition to the Committee on Energy and Commerce, for a period 
to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the 
jurisdiction of the committee concerned.
    The Subcommittee on Commerce, Trade, and Consumer 
Protection met in open markup session on February 25, 2004, to 
consider an original Committee Print, which contained identical 
text to H.R. 3825. The Subcommittee approved the Committee 
Print for Full Committee consideration by voice vote, a quorum 
being present.
    No further action was taken on H.R. 3825 in the 108th 
Congress.

               CONSUMER ACCESS TO INFORMATION ACT OF 2004

                         (H.R. 3872, H.R. 3261)

    To prohibit the misappropriation of certain databases while 
ensuring consumer access to factual information.

Summary

    H.R. 3872 makes the misappropriation of a database an 
unfair method of competition and an unfair and deceptive act or 
practice under Section 5 of the FTC Act. The definition of 
misappropriation codifies the five-factor test in NBA v. 
Motorola, 105 F.3d 841(2nd Cir. 1997), based on INS v. AP 39 
S.Ct. 68 (1918). The legislation provides a limitation on 
liability for providers of interactive computer services for 
making available content that is provided by another 
information content provider. The bill also provides an 
exclusion for securities market data.

Legislative History

    On February 25, 2004, the Subcommittee on Commerce, Trade, 
and Consumer Protection met in open markup session and approved 
a Committee Print entitled ``the Consumer Access to Information 
Act'' for Full Committee consideration, without amendment, by a 
voice vote, a quorum being present.
    H.R. 3872 was introduced in the House by Mr. Stearns and 18 
cosponsors on March 2, 2004. The bill was referred to the 
Committee on Energy and Commerce.
    On March 3, 2004, the Full Committee met in open markup 
session and ordered H.R. 3872 reported to the House by a voice 
vote, a quorum being present.
    On May 16, 2004, the Committee on Energy and Commerce 
reported H.R. 3872 to the House (H. Rpt. 108-437).
    No further action was taken on H.R. 3872 in the 108th 
Congress.

        HONORING FORD MOTOR COMPANY ON ITS 100 YEAR ANNIVERSARY

                             (H. Res. 100)

    Recognizing the 100th anniversary year of the founding of 
the Ford Motor Company, which has been a significant part of 
the social, economic, and cultural heritage of the United 
States and many other nations and a revolutionary industrial 
and global institution, and congratulating the Ford Motor 
Company for its achievements.

Summary

    H. Res. 100 recognizes the 100th anniversary year of the 
founding of the Ford Motor Company and congratulates the Ford 
Motor Company for its achievements.

Legislative History

    H. Res. 100 was introduced into the House by Mr. McCotter 
on February 25, 2003, and was referred to the Committee on 
Energy and Commerce.
    H. Res. 100 was considered in the House by unanimous 
consent on May 21, 2003, and passed, as amended, without 
objection.

NATION'S BUSINESSES AND BUSINESS OWNERS COMMENDED FOR THEIR SUPPORT OF 
                               OUR TROOPS

                             (H. Res. 201)

    Expressing the sense of the House of Representatives that 
our Nation's businesses and business owners should be commended 
for their support of our troops and their families as they 
serve our country in many ways, especially in these days of 
increased engagement of our military in strategic locations 
around our Nation and around the world.

Summary

    H. Res. 201 expresses the sense of Congress that the 
businesses that establish the backbone of our Nation in times 
of peace and rise to a greater standard of resolve in times of 
challenge do so by carrying on the good work of commerce, 
industry, and innovation and by steadfastly supporting the 
members of our military and their families. The resolution also 
expresses the sense of Congress that business owners deserve 
commendation and sincere expression of gratitude.

Legislative History

    H. Res. 201 was introduced in the House by Mr. Rogers on 
April 11, 2003. The resolution was referred to the Committee on 
Energy and Commerce.
    On April 30, 2003, the Committee on Energy and Commerce met 
in open markup session and ordered H. Res. 201 reported to the 
House by a voice vote, a quorum being present.
    On June 4, 2003, H. Res. 201 was considered by the House 
under suspension of the rules and passed the House by a vote of 
410 yeas to 0 nays, with 7 Members voting present

   HONORING HARLEY-DAVIDSON MOTOR COMPANY ON ITS 100 YEAR ANNIVERSARY

                             (H. Res. 296)

    Recognizing the 100th anniversary of the founding of the 
Harley-Davidson Motor Company, which has been a significant 
part of the social, economic, and cultural heritage of the 
United States and many other nations and a leading force for 
product and manufacturing innovation throughout the 20th 
century.

Summary

    H. Res. 296 recognizes the 100th anniversary of the 
founding of the Harley-Davidson Motor Company.

Legislative History

    H. Res. 296 was introduced into the House by Mr. Kleczka on 
June 24, 2003, and was referred to the Committee on Energy and 
Commerce.
    On July 9, 2003, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session and forwarded H. 
Res. 296 to the Full Committee by voice vote, a quorum being 
present.
    The Full Committee met in open markup session and ordered 
H. Res. 296 reported to the House on July 9, 2003, by voice 
vote, a quorum being present.
    The House considered H. Res. 296 on July 14, 2003, under 
suspension of the rules, and passed H. Res. 296 by voice vote.

                      NATIONAL MANUFACTURING WEEK

                             (H. Res. 516)

    Supporting the goals of National Manufacturing Week, 
congratulating manufacturers and their employees for their 
contributions to growth and innovation, and recognizing the 
challenges facing the manufacturing sector.

Summary

    H. Res. 516 summarizes many of the benefits that are 
realized in this country as a direct result of the U.S. 
manufacturing industry. H. Res. 516 expresses the sense of the 
House of Representatives supporting the goals of national 
manufacturing week, congratulating manufacturers and their 
employees for their contributions to growth and innovation, and 
recognizing the challenges facing the manufacturing sector.

Legislative History

    Mr. Gillmor introduced H. Res. 516 in the House on February 
4, 2004, and was referred to the Committee on Energy and 
Commerce. The Resolution was subsequently referred to the 
Subcommittee on Commerce, Trade, and Consumer Protection on 
February 24, 2004.
    On April 22, 2004, the Full Committee met in open markup 
session and ordered H. Res. 516 reported to the House, as 
amended, by voice vote, a quorum being present. On April 27, 
2004 the Committee onEnergy and Commerce reported H. Res. 516 
to the House, amended (H. Rpt. 108-471).
    No further action was taken on H. Res. 516 in the 108th 
Congress.

                   HONORING U.S. CHAMBERS OF COMMERCE

                           (H. Con. Res. 215)

    Honoring and congratulating chambers of commerce for their 
efforts that contribute to the improvement of communities and 
the strengthening of local and regional economies.

Summary

    H. Con. Res. 215 honors and congratulates the chambers of 
commerce around the country for their efforts that contribute 
to the improvement of their communities and the strengthening 
of their local and regional economies.

Legislative History

    H. Con. Res. 215 was introduced in the House by Mr. 
Knollenberg on June 11, 2003, and was referred to the Committee 
on Energy and Commerce.
    On July 9, 2003, the Subcommittee on Commerce, Trade, and 
Consumer Protection met in open markup session to consider H. 
Con. Res. 215 and forwarded it to the Full Committee by voice 
vote, a quorum being present.
    On July 14, 2003, the House considered H. Con. Res. 215 
under suspension of the rules and passed it by voice vote.
    On July 14, 2003, H. Con. Res. 215 was received in the 
Senate and referred to the Committee on the Judiciary.
    No further action was taken on H. Con. Res. 215 in the 
108th Congress.

                          Oversight Activities


A REVIEW OF FINANCIAL ACCOUNTING STANDARDS BOARD ACTIONS POST-ENRON AND 
                                WORLDCOM

    On March 4, 2003, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing on Financial 
Accounting Standards Board (FASB) actions post-Enron and 
Worldcom. The hearing focused on actions of the FASB to improve 
financial reporting. The sole witness was the Chairman of the 
FASB.

    DOES THE U.S. OLYMPIC COMMITTEE'S STRUCTURE IMPEDE ITS MISSION?

    The Subcommittee on Commerce, Trade, and Consumer 
Protection held an oversight hearing on March 19, 2003, to 
examine issues related to the structure of the United States 
Olympic Committee (USOC) and their effect on the USOC's ability 
to fulfill its mission. The hearing focused on the USOC 
governance and the division of labor between paid staff and 
volunteers. Witnesses testifying at the hearing included 
current and former U.S. Olympic athletes, including two Members 
of the 108th Congress, as well as current and former 
representatives of the USOC, the current head of the Athlete's 
Advisory Committee, the head of the National Governing Bodies 
Council and a member of the board of directors.

                  TRAVEL AND TOURISM IN AMERICA TODAY

    On April 30, 2003, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing entitled ``Travel 
and Tourism in America Today'' to examine the state of travel 
and tourism in the United States. The focus of this hearing was 
to examine ways the United States can grow and expand its 
tourism economy. The Subcommittee received testimony from 
travel and tourism industry representatives and business 
associations.

TRADE IN SERVICES AND E-COMMERCE: THE SIGNIFICANCE OF THE SINGAPORE AND 
                      CHILE FREE TRADE AGREEMENTS

    On May 8, 2003, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing on the Significance of the 
Singapore and Chile Free Trade Agreements. The hearing focused 
on services and e-commerce provisions of the trade agreements. 
The Committee heard testimony from representatives from the 
Office of the United States Trade Representative, the 
Department of Commerce, various trade associations, a labor 
union, and a policy group.

                   TOBACCO ADVERTISING AND REGULATION

    On June 3, 2003, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing entitled ``Can 
Tobacco Cure Smoking? A Review of Tobacco Harm Reduction'' to 
examine whether smokeless tobacco can reduce the negative 
health effects of smoking in the United States. The 
Subcommittee received testimony from the Chairman of the 
Federal Trade Commission, the U.S. Surgeon General, tobacco and 
pharmaceutical representatives, anti-smoking groups, and 
academic professors.

          THE REAUTHORIZATION OF THE FEDERAL TRADE COMMISSION

    On June 11, 2003, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing on the Reauthorization of 
the Federal Trade Commission (FTC): Positioning the Commission 
for the Twenty-First Century. The hearing focused on the FTC's 
mission, agency requested changes to its mandate, and 
implementation of recently passedlaws enforced by the FTC. The 
Committee heard testimony from the FTC Chairman and Commissioners.

                   LEGISLATIVE EFFORTS TO COMBAT SPAM

    On July 9, 2003, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a joint hearing with the Subcommittee 
on Telecommunications and the Internet on legislative efforts 
to combat Spam. The hearing focused on anti-spam legislative 
proposals in the 108th Congress. Witnesses included the 
Director of the Bureau of Consumer Protection of the Federal 
Trade Commission, representatives from Internet Service 
Providers, representatives from electronic commerce companies, 
a Senior Counsel for a State Attorney General, and a 
representative from a consumer group.

        LEGISLATIVE EFFORTS TO REFORM THE U.S. OLYMPIC COMMITTEE

    The Subcommittee on Commerce, Trade, and Consumer 
Protection held an oversight hearing on July 16, 2003, to 
examine the recommendations to reform the USOC put forth by the 
USOC's internal Task Force on Governance and Ethics and a 
second set of recommendations proposed by the Independent 
Commission of the USOC. The hearing focused on how each set of 
proposals would affect USOC governance. Witnesses testifying at 
the hearing included members of both groups as well as a 
representative of Disabled Sports USA.

  FINANCIAL ACCOUNTING STANDARDS BOARD DERIVATIVE ACCOUNTING STANDARDS

    On July 22, 2003, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing on Financial Accounting 
Standards Boards (FASB) derivative accounting standards. The 
hearing examined the application of accounting standards to 
derivatives, particularly Financial Accounting Standard (FAS) 
133, Accounting for Derivative Instruments and Hedging 
Activities. It also examined the application of FAS 133 by 
Freddie Mac and Fannie Mae to their respective derivatives 
transactions and hedging activities. The Subcommittee received 
testimony from a member of FASB, an executive officer from 
Freddie Mac, a representative from a think tank, and an 
accounting professor.

       ISSUES RELATING TO EPHEDRA CONTAINING DIETARY SUPPLEMENTS

    The Subcommittee on Commerce, Trade, and Consumer 
Protection held an oversight hearing on July 24, 2003 to 
examine the issues related to ephedrine containing products and 
their consumption by athletes. The hearing focused on the 
policies of professional and collegiate sports organization 
related to ephedrine products as well as the Federal Trade 
Commission's (FTC) enforcement of the advertising practices of 
ephedrine manufacturers and distributors. Witnesses testifying 
at the hearing included representatives from the NCAA, U.S. 
professional sports and professional player associations.

  THE DATABASE AND COLLECTIONS OF INFORMATION MISAPPROPRIATION ACT OF 
                                  2003

    On September 23, 2003, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a joint hearing with the Judiciary 
Committee's Subcommittee on Courts, the Internet, and 
Intellectual Property on the Database and Collections of 
Information Misappropriation Act of 2003. The hearing focused 
on the need for database protection legislation and legislative 
language of the Database and Collections of Information 
Misappropriation Act of 2003. Witnesses included the United 
States Copyright Office and industry and scientific research 
representatives.

   FREDDIE MAC: ACCOUNTING STANDARDS ISSUES RAISED IN THE DOTY REPORT

    On September 25, 2003, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a hearing on Freddie Mac and 
accounting issues raised by the Doty report. The hearing 
focused on the report prepared for the directors of Freddie Mac 
on certain accounting matters and considered the accounting 
matters raised in the report as a case study for broader issues 
with the formation and application of accounting standards. The 
Subcommittee received testimony from the author of the report 
to the Board of Directors of Freddie Mac, a forensic accountant 
who assisted in the preparation of the report, and an expert on 
accounting issues.

                     E-COMMERCE: ONLINE WINE SALES

    On October 30, 2003, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a hearing on E-Commerce: The Case 
of Online Wine Sales and Direct Shipment. The hearing focused 
on state restrictions to interstate commerce involving the sale 
of wine. Witnesses included a representative from the Federal 
Trade Commission and representatives from the wine industry.

                    CYBERSECURITY AND CONSUMER DATA

    On November 19, 2003, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a hearing on Cyber-security and 
Consumer Data. The hearing focused on the risks and costs of 
cyber-security threats and efforts to respond to those threats. 
The witnesses included the Federal Trade Commission, e-commerce 
companies, and various types of computer-related companies with 
an interest in Internet security.

                  FREDDIE MAC'S ACCOUNTING RESTATEMENT

    On January 28, 2004, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a hearing on Freddie Mac's 
Accounting Restatement. The hearing focused on the Supplemental 
Report to the Board of Directors of the Federal Home Loan 
Mortgage Corporation, Freddie Mac, and the report prepared by 
their regulator, the Office of Federal Housing Enterprise 
Oversight (OFHEO). Witnesses included the Director of OFHEO and 
the Chief Financial Officer of Freddie Mac.

       COLLEGE RECRUITING: ARE STUDENT ATHLETES BEING PROTECTED?

    On March 11, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing to examine NCAA 
rules governing the recruiting of college athletes and the 
enforcement of those rules by member universities and the NCAA. 
The impetus for the hearing was the media reported allegations 
of misconduct and possible criminal violations that occurred at 
various college and university campuses. Witnesses included 
representatives from the NCAA, the University of Colorado, 
Vanderbilt University, and the founder of a private 
organization specializing in counseling student athletes.

 REAUTHORIZATION OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

    On March 18, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing entitled 
``Reauthorization of the National Highway Traffic Safety 
Administration,'' to examine issues relating to the 
reauthorization of NHTSA. The focus of the hearing was to 
review NHTSA's regulatory priorities and to examine how those 
priorities were being achieved. The Subcommittee received 
testimony from government witnesses, industry representatives, 
trade associations, and consumer protection groups.

U.S.-CHINA TRADE: PREPARATIONS FOR THE JOINT COMMISSION ON COMMERCE AND 
                                 TRADE

    On March 31, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing on U.S.-China trade and the 
preparations for the Joint Commission on Commerce and Trade. 
The U.S.-China Joint Commission on Commerce and Trade (JCCT) 
was established in 1983 as a forum for high-level discussions 
on bilateral trade issues and a vehicle for promoting 
commercial relations between China and the United States. The 
hearing examined the main issues that would be discussed at the 
joint session including intellectual property protection and 
piracy in China, non-tariff barriers to U. S. manufacturing 
products in China, and labor and environmental issues in China. 
Witnesses included the Deputy U.S. Trade Representative, as 
well as representatives from the games, music, and movie 
industries, representatives from the manufacturing industry, 
and a representative from a labor union.

                                SPYWARE

    On April 29, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing on Spyware. The hearing 
focused on problems associated with Spyware, efforts to protect 
computer users against Spyware, and possible legislative and 
regulatory solutions. The Committee received testimony from the 
Federal Trade Commission, a consumer group, a developer of 
operating systems, and an Internet Service Provider.

                           ONLINE PORNOGRAPHY

    On May 6, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing on Online Pornography: 
Closing the Doors on Pervasive Smut. The hearing focused on the 
extent of the availability of pornographic material on the 
Internet and on peer-to-peer networks, the deceptive means used 
to distribute pornography, Federal laws to stop illegal 
activity, and tools to reduce inadvertent exposure. The 
Committee heard testimony from the Federal Trade Commission, 
the Federal Bureau of Investigation, Government Accountability 
Office, a representative from the peer-to-peer industry, a 
representative from a children's advocacy group, a 
representative from the National Center for Missing & Exploited 
Children, an academic with expertise in distributed computing, 
and a housing director from a public University.

 SUPPORTING OUR INTERCOLLEGIATE STUDENT ATHLETES: PROPOSED NCAA REFORMS

    On May 18, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing on actions taken 
by the National Collegiate Athletic Association to address 
recruiting practices of potential student athletes. The hearing 
was in response to numerous reports of alleged behavior--
including possible criminal violations--that occurred at 
colleges and universities. Contemporaneous with the media 
reports of those incidents, the NCAA formed a task force to 
examine current practices, guidelines, and rules and offer 
recommendations to the NCAA. The hearing examined the 
recommendations of the task force as well as broader issues 
that were affecting the enforcement of rules and the 
accountability of universities, athletic departments, and the 
student athletes.

    TRAVEL, TOURISM, AND HOMELAND SECURITY: IMPROVING BOTH WITHOUT 
                           SACRIFICING EITHER

    The Subcommittee on Commerce, Trade, and Consumer 
Protection held an oversight hearing on June 23, 2004, to 
examine the status and implementation of security improvements 
and their effectiveness. The hearing focused on strengths and 
weakness of new security measures and suggested improvements. 
Witnesses included a representative from the Department of 
Homeland Security, representatives from travel and tourism 
companies and associations, and a labor union.

                FASB PROPOSAL ON STOCK OPTION EXPENSING

    On July 8, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing on the Financial Accounting 
Standards Board (FASB) proposal on stock option expensing. The 
hearing focused on the FASB's proposal on the accounting 
treatment for stock options and the impact of Federal 
legislation on the proposal. The Committee heard testimony from 
the Government Accountability Office, the FASB, as well as 
industry representatives.

RADIO FREQUENCY IDENTIFICATION (RFID) TECHNOLOGY: WHAT THE FUTURE HOLDS 
                FOR COMMERCE, SECURITY, AND THE CONSUMER

    On July 14, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing to examine issues 
related to the development, implementation, and use of RFID 
technology. The hearing focused on the technology of RFID and 
its implications for commercial uses. Witnesses included 
representatives from industry technology groups, companies 
using RFID, and public interest groups.

       EXAMINING PROFESSIONAL BOXING: ARE FURTHER REFORMS NEEDED?

    The Subcommittee on Commerce, Trade, and Consumer 
Protection held an oversight hearing on professional boxing on 
September 9, 2004. The hearing examined problems facing the 
industry and boxers. Witnesses who testified included Muhammad 
Ali, a representative from the Association of Boxing 
Commissions, a representative of the Pennsylvania State boxing 
commission, a representative of an international professional 
boxing sanctioning organization, an attorney and manager for a 
former world heavyweight champion, and an attorney with 
industry experience.

                     REPAIRING THE 21ST CENTURY CAR

    The Subcommittee on Commerce, Trade, and Consumer 
Protection held an oversight hearing on September 22, 2004, to 
examine issues related to the consumer choice and access to 
information necessary to repair their cars. The hearing focused 
on the status of industry initiatives to make vehicle repair 
information available on a timely and consistent basis. 
Witnesses testifying at the hearing included representatives 
from auto manufactures, industry groups, and independent repair 
shops.

      PROTECTING THE PRIVACY OF CONSUMERS' SOCIAL SECURITY NUMBERS

    On September 28, 2004, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a hearing on Protecting the 
Privacy of Consumers' Social Security Numbers. The hearing 
focused on identity theft and the integrity of social security 
numbers as well as legislative efforts to protect the integrity 
of social security numbers. The Subcommittee heard testimony 
from the Federal Trade Commission, the United States Government 
Accountability Office, and a consumer advocacy group.

                          CHILD PRODUCT SAFETY

    On October 6, 2004, the Subcommittee on Commerce, Trade, 
and Consumer Protection held a hearing on Child Product Safety. 
The hearing focused on whether current consumer product safety 
standards and the existing authority and resources of the 
Consumer Produce Safety Commission are sufficient to protect 
children. Witnesses included the Chairman of the U.S. Consumer 
Product Safety Commission, child product safety activists, a 
representative from the toy industry, and a representative from 
a consumer advocacy group.

                             Hearings Held

    A Review of FASB Actions Post-Enron and WorldCom.--
Oversight hearing on a Review of FASB Actions Post-Enron and 
WorldCom. Hearing held on March 4, 2003. PRINTED, Serial Number 
108-17.
    Does the U.S. Olympic Committee's Organizational Structure 
Impede its Mission?--Oversight hearing on Does the U.S. Olympic 
Committee's Organizational Structure Impede its Mission? 
Hearing held on March 19, 2003. PRINTED, Serial Number 108-5.
    Travel and Tourism in America Today.--Oversight hearing on 
Travel and Tourism in America Today. Hearing held on April 30, 
2003. PRINTED, Serial Number 108-15.
    Trade in Services and E-Commerce: The Significance of the 
Singapore and Chile Free Trade Agreements.--Oversight hearing 
on Trade in Services and E-Commerce: The Significance of the 
Singapore and Chile Free Trade Agreements. Hearing held on May 
8, 2003. PRINTED, Serial Number 108-19.
    Can Tobacco Cure Smoking?--A Review of Tobacco Harm 
Reduction.--Oversight hearing on Can Tobacco Cure Smoking?--A 
Review of Tobacco Harm Reduction. Hearing held on June 3, 2003. 
PRINTED, Serial Number 108-31.
    The Reauthorization of the Federal Trade Commission: 
Positioning the Commission for the Twenty-First Century.--
Oversight hearing on the Reauthorization of the Federal Trade 
Commission: Positioning the Commission for the Twenty-First 
Century. Hearing held on June 11, 2003. PRINTED, Serial Number 
108-30.
    Legislative Efforts to Combat Spam.--Joint oversight 
hearing with the Subcommittee on Telecommunications and the 
Internet on Legislative Efforts to Combat Spam. Hearing held on 
July 9, 2003. PRINTED, Serial Number 108-35.
    Legislative Efforts to Reform the U.S. Olympic Committee.--
Oversight hearing on Legislative Efforts to Reform the U.S. 
Olympic Committee. Hearing held on July 16, 2003. PRINTED, 
Serial Number 108-39.
    FASB Derivative Accounting Standards.--Oversight hearing on 
FASB Derivative Accounting Standards. Hearing held on July 22, 
2003. PRINTED, Serial Number 108-37.
    Issues Relating to Ephedra-containing Dietary 
Supplements.--Joint oversight hearing with the Subcommittee on 
Oversight and Investigations on Issues Relating to Ephedra-
containing Dietary Supplements. Hearing held on July 24, 2003. 
PRINTED, Serial Number 108-43.
    Fairness to Contact Lens Consumers Act.--Hearing on H.R. 
2221, Fairness to Contact Lens Consumers Act. Hearing held on 
September 9, 2003. PRINTED, Serial Number 108-41.
    International Consumer Protection Act of 2003.--Hearing on 
H.R. 3143, International Consumer Protection Act of 2003. 
Hearing held on September 17, 2003. PRINTED, Serial Number 108-
45.
    The Database and Collections of Information 
Misappropriation Act of 2003.--Joint oversight hearing held 
with the Committee on the Judiciary Subcommittee on Courts, 
Internet, and Intellectual Property on The Database and 
Collections of Information Misappropriation Act of 2003. 
Hearing held on September 23, 2003. PRINTED, Serial Number 108-
46.
    Freddie Mac: Accounting Standards Issues Raised in the Doty 
Report.--Oversight hearing on Freddie Mac: Accounting Standards 
Issues Raised in the Doty Report. Hearing held on September 25, 
2003. PRINTED, Serial Number 108-48.
    E-Commerce: The Case of Online Wine Sales and Direct 
Shipment.--Oversight hearing on E-Commerce: The Case of Online 
Wine Sales and Direct Shipment. Hearing held on October 30, 
2003. PRINTED, Serial Number 108-51.
    Cybersecurity & Consumer Data: What's at Risk for the 
Consumer?--Oversight hearing on Cybersecurity & Consumer Data: 
What's at Risk for the Consumer? Hearing held on November 19, 
2003. PRINTED, Serial Number 108-52.
    Freddie Mac's Accounting Restatement: Are Accounting 
Standards Working?--Oversight hearing on Freddie Mac's 
Accounting Restatement: Are Accounting Standards Working? 
Hearing held on January 28, 2004. PRINTED, Serial Number 108-
105.
    College Recruiting: Are Student Athletes Being Protected?--
Oversight hearing on College Recruiting: Are Student Athletes 
Being Protected? Hearing held on March 11, 2004. PRINTED, 
Serial Number 108-64.
    Reauthorization of the National Highway Traffic Safety 
Administration.--Oversight hearing on Reauthorization of the 
National Highway Traffic Safety Administration. Hearing held on 
March 18, 2004. PRINTED, Serial Number 108-71.
    U.S.-China Trade: Preparations for the Joint Commission on 
Commerce and Trade.--Oversight hearing on U.S.- China Trade: 
Preparations for the Joint Commission on Commerce and Trade. 
Hearing held on March 31, 2004. PRINTED, Serial Number 108-74.
    Spyware: What You Don't Know Can Hurt You.--Oversight 
hearing on Spyware: What You Don't Know Can Hurt You. Hearing 
held on April 29, 2004. PRINTED, Serial Number 108-89.
    Online Pornography: Closing the Doors on Pervasive Smut.--
Oversight hearing on Online Pornography: Closing the Doors on 
Pervasive Smut. Hearing held on May 6, 2004. PRINTED, Serial 
Number 108-90.
    The Digital Media Consumers' Rights Act of 2003.--Hearing 
on H.R. 107, the Digital Media Consumers' Rights Act of 2003. 
Hearing held on May 12, 2004. PRINTED, Serial Number 108-109.
    Supporting Our Intercollegiate Student-Athletes: Proposed 
NCAA Reforms.--Oversight hearing on Supporting Our 
Intercollegiate Student-Athletes: Proposed NCAA Reforms. 
Hearing held on May 18, 2004. PRINTED, Serial Number 108-91.
    Travel, Tourism, and Homeland Security: Improving Both 
without Sacrificing Either.--Oversight hearing on Travel, 
Tourism, and Homeland Security: Improving Both without 
Sacrificing Either. Hearing held on June 23, 2004. PRINTED, 
Serial Number 108-96.
    FASB Proposals on Stock Option Expensing.--Oversight 
hearing on FASB Proposals on Stock Option Expensing. Hearing 
held on July 8, 2004. PRINTED, Serial Number 108-99.
    Radio Frequency Identification (RFID) Technology: What the 
Future Holds for Commerce, Security, and the Consumer.--
Oversight hearing on Radio Frequency Identification (RFID) 
Technology: What the Future Holds for Commerce, Security, and 
the Consumer. Hearing held on July 14, 2004. PRINTED, Serial 
Number 108-108.
    Examining Professional Boxing: Are Further Reforms 
Needed?--Oversight hearing on Examining Professional Boxing: 
Are Further Reforms Needed? Hearing held on September 9, 2004. 
PRINTED, Serial Number 108-127.
    Repairing the 21st Century Car: Is Technology Locking the 
Consumer Out?--Oversight hearing on Repairing the 21st Century 
Car: Is Technology Locking the Consumer Out? Hearing held on 
September 22, 2004. PRINTED, Serial Number 108-120.
    Protecting the Privacy of Consumers' Social Security 
Number.--Oversight hearing on Protecting the Privacy of 
Consumers' Social Security Number. Hearing held on September 
28, 2004. PRINTED, Serial Number 108-128.
    Child Product Safety: Do Current Standards Provide Enough 
Protection?--Oversight hearing on Child Product Safety: Do 
Current Standards Provide Enough Protection? Hearing held on 
October 6, 2004. PRINTED, Serial Number 108-129.
                 Subcommittee on Energy and Air Quality

           (Ratio 18-15)

    RALPH HALL, Texas, Chairman

RICK BOUCHER, Virginia               CHRISTOPHER COX, California
TOM ALLEN, Maine                     RICHARD BURR, North Carolina
HENRY A. WAXMAN, California          ED WHITFIELD, Kentucky
EDWARD J. MARKEY, Massachusetts      CHARLIE NORWOOD, Georgia
FRANK PALLONE, Jr., New Jersey       JOHN SHIMKUS, Illinois
SHERROD BROWN, Ohio                    Vice Chairman
ALBERT R. WYNN, Maryland             HEATHER WILSON, New Mexico
GENE GREEN, Texas                    JOHN B. SHADEGG, Arizona
KAREN McCARTHY, Missouri             CHARLES W. ``CHIP'' PICKERING, 
TED STRICKLAND, Ohio                 Mississippi
LOIS CAPPS, California               VITO FOSSELLA, New York
MICHAEL F. DOYLE, Pennsylvania       GEORGE RADANOVICH, California
CHRISTOPHER JOHN, Louisiana          MARY BONO, California
JIM DAVIS, Florida                   GREG WALDEN, Oregon
JOHN D. DINGELL, Michigan            MIKE ROGERS, Michigan
  (ex officio)                       DARRELL E. ISSA, California
                                     C.L. ``BUTCH'' OTTER, Idaho
                                     JOHN SULLIVAN, Oklahoma
                                     JOE BARTON, Texas
                                       (ex officio)

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

                         Legislative Activities


                     CONTINUING APPROPRIATIONS BILL

                    Public Law 108-7 (H. J. Res. 2)


                          (Energy Provisions)

    Making consolidated appropriations for the fiscal year 
ending September 30, 2003, and for other purposes.

Summary

    H.J. Res. 2 includes a 17-month extension of Price-Anderson 
Act indemnification authority for Nuclear Regulatory Commission 
licensees expiring on December 31, 2003. In addition, the 
resolution has a Bonneville Power Administration (BPA) 
provision, which provides a dramatic increase in BPA's 
borrowing authority. H.J. Res. 2 also contains a permanent 
authorization for the Strategic Petroleum Reserve.

Legislative History

    H.J. Res. 2 was introduced in the House by Mr. Young (FL) 
on January 7, 2003. The bill was referred solely to the 
Committee on Appropriations.
    On January 8, 2003, H.J. Res. 2 was considered in the House 
under the provisions of H. Res. 15, and passed the House by 
voice vote.
    On January 9, 2003, H.J. Res. 2 was received in the Senate, 
read the first time, and placed on the Senate Legislative 
Calendar under Read the First Time. On January 10, 2003, H.J. 
Res. 2 was read the second time and placed on Senate 
Legislative Calendar under General Orders.
    H.J. Res. 2 passed the Senate, with an amendment, by a vote 
of 69 yeas and 29 nays.
    On January 23, 2003, the Senate insisted on its amendment 
to H.J. Res. 2, requested a conference with the House, and 
appointed conferees. On January 29, 2003, the House disagreed 
to the Senate amendment to H.J. Res. 2, agreed to a conference 
with the Senate, and appointed conferees.
    The conference committee met on February 10, 2003, and 
February 11, 2003. The conference report was filed on February 
13, 2003 (H. Rpt. 108-10).
    Pursuant to H. Res. 71, on February 13, 2003, the House 
agreed to the conference report to accompany H.J. Res. 2 by a 
vote of 338 yeas and 83 nays. The Senate agreed to the 
conference report by a vote of 76 yeas and 20 nays.
    H.J. Res. 2 was presented to the President on February 19, 
2003, and on February 20, 2003, the bill was signed by the 
President (Public Law 108-7).

 TO REINSTATE AND EXTEND THE DEADLINE FOR COMMENCEMENT OF CONSTRUCTION 
          OF A HYDROELECTRIC PROJECT IN THE STATE OF ILLINOIS

                  Public Law 108-12 (H.R. 397, S. 220)

    To reinstate and extend the deadline for commencement of 
construction of a hydroelectric project in the State of 
Illinois.

Summary

    H.R. 397 authorizes the Federal Energy Regulatory 
Commission, upon licensee request, to: (1) reinstate the 
license for construction of a specified hydroelectric project 
in the State of Illinois; and, (2) extend the time required to 
commence project construction for three consecutive two-year 
periods beyond the date that is four years after the date of 
issuance of the license.

Legislative History

    Mr. Shimkus introduced H.R. 397 in the House on January 28, 
2003. The bill was referred to the Committee on Energy and 
Commerce.
    On January 29, 2003, the Full Committee met in open markup 
session to consider H.R. 397 and ordered the bill reported to 
the Houseby a voice vote, a quorum being present. On February 
4, 2003, the Committee on Energy and Commerce reported H.R. 397 to the 
House (H. Rept.108-6).
    H.R. 397 was considered in the House under suspension of 
the rules on February 11, 2003, and passed the House by voice 
vote.
    On February 12, 2003, H.R. 397 was received in the Senate, 
read twice, and referred to the Committee on Energy and Natural 
Resources.
    On March 12, 2003, Committee on Energy and Natural 
Resources Subcommittee on Water and Power ordered H.R. 397 to 
be reported, without amendment, favorably. On March 19, 2003, 
the Committee on Energy and Natural Resources reported H.R. 397 
to the Senate (S. Rpt. 108-27).
    H.R. 397 was placed on Senate Legislative Calendar under 
General Orders, and on April 7, 2003, passed the Senate, 
without amendment, by unanimous consent.
    H.R. 397 was presented to the President on April 10, 2003, 
and on April 22, 2003, the bill was signed by the President 
(Public Law 108-12).

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004

                Public Law 108-136 (H.R. 1588, S. 1050)


                          (Energy Provisions)

    To authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year 
for the Armed Forces, and for other purposes.

Summary

    H.R. 1588 amends the Atomic Energy Act of 1954 to alter the 
requirements for the performance of personnel security 
investigations for certain Department of Energy and Nuclear 
Regulatory Commission personnel, and authorizes appropriations 
for FY 2004 for the Defense Nuclear Facilities Safety Board.

Legislative History

    H.R. 1588 was introduced by Mr. Hunter, by request, on 
April 3, 2003, and referred to the Committee on Armed Services.
    There was an exchange of correspondence between the 
Committee on Energy and Commerce and the Committee on Armed 
Services on May 16, 2003.
    On May 16, 2003, the Committee on Armed Services reported 
H.R. 1588 to the House, as amended (H. Rpt. 108-106).
    H.R. 1588 was considered in the House pursuant to H. Res. 
245 and H. Res. 247, and on May 22, 2003, the House passed H.R. 
1588, amended, by a vote of 361 yeas and 68 nays.
    H.R. 1588 was received in the Senate on June 2, 2003. On 
June 4, 2003, the bill was laid before Senate by unanimous 
consent. The Senate struck all after the enacting clause of 
H.R. 1588, inserted in lieu thereof the provisions of S.1050, 
and passed the bill, as amended, by voice vote.
    On June 4, 2003, the Senate insisted on its amendment, 
requested a conference with the House, and appointed conferees.
    The House disagreed to the Senate amendment, agreed to the 
Senate's request to go to conference on July 16, 2003, and 
appointed conferees. The Speaker appointed conferees from the 
Committee on Energy and Commerce for consideration of secs. 
601, 3113, 3201, and 3517 of the House bill, and secs. 601, 
701, 852, 3151, and 3201 of the Senate amendment, and 
modifications committed to conference, Messrs. Tauzin, Barton, 
and Dingell.
    On July 22, 2003 the conference committee met, and the 
conference report was filed on November 7, 2003 (H. Rpt. 108-
354).
    Pursuant to H. Res. 437, on November 7, 2003, the House 
agreed to the conference report by vote of 362 yeas and 40 
nays, 2 voting present.
    On November 12, 2003, the Senate agreed to the conference 
report by a vote of 95 yeas and 3 nays.
    H.R. 1588 was presented to, and signed by the President on 
November 24, 2003 (Public Law 108-136).

                HEALTHY FORESTS RESTORATION ACT OF 2003

                     Public Law 108-148 (H.R. 1904)

    An act to improve the capacity of the Secretary of 
Agriculture and the Secretary of the Interior to conduct 
hazardous fuels reduction projects on National Forest System 
lands and Bureau of Land Management lands aimed at protecting 
communities, watersheds, and certain other at-risk lands from 
catastrophic wildfire, to enhance efforts to protect watersheds 
and address threats to forest and rangeland health, including 
catastrophic wildfire, across the landscape, and for other 
purposes.

Summary

    Title III of H.R. 1904 amends the Cooperative Forestry 
Assistance Act of 1978 to permit the Secretary of Agriculture, 
acting through the Forest Service (and, where appropriate, 
through the Cooperative State Research, Education, and 
Extension Service), to provide assistance to State foresters 
and State officials, or to Cooperative Extension officials at 
land grant colleges and universities and specified 
institutions, for the purpose of expanding State forest 
capacities and activities to address watershed issues on non-
Federal forested lands and potentially forested lands. Directs 
the Secretary to: (1) develop, with relevant parties, a program 
of technical assistance to protect water quality; and, (2) 
establish a watershed forestry cost-share program. Authorizes 
appropriations.
    The bill also requires the Secretary of Agriculture, acting 
through the Chief of the Forest Service, to provide assistance 
to Indian tribes for the purpose of expanding tribal 
stewardship capacities through tribalforestry best management 
practices to improve watershed health. Authorizes appropriations.

Legislative History

    H.R. 1904 was introduced by Mr. McInnis on May 1, 2003, and 
referred to the Committee on Agriculture, and in addition to 
the Committee on Resources, for a period to be subsequently 
determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the 
committee concerned.
    The Committee on Agriculture reported H.R. 1904 to the 
House on May 9, 2003 (H. Rpt. 108-96, Part I).
    On May 9, 2003, the bill was referred sequentially to the 
Committee on the Judiciary for a period ending not later than 
May 16, 2003 for consideration of such provisions of the bill 
as fall within the jurisdiction of that committee pursuant to 
clause 1(k), rule X.
    On May 16, 2003, the Committee on the Judiciary reported 
H.R. 1904 to the House (H. Rpt. 108-96, Part II).
    On May 20, 2003, the Committee on Energy and Commerce and 
the Committee on Agriculture exchanged correspondence.
    H.R. 1904 was considered in the House pursuant to H. Res. 
239, and on May 20, 2003, the House passed the bill, as 
amended, by a vote of 256 yeas and 170 nays.
    H.R. 1904 was received in the Senate on May 21, 2003, read 
twice, and referred to the Committee on Agriculture, Nutrition, 
and Forestry.
    On October 30, 2003, H.R. 1904 passed the Senate, with an 
amendment and an amendment to the Title, by a vote of 80 yeas 
and 14 nays.
    On November 6, 2003, the House disagreed to the Senate 
amendments and requested a conference and appointed conferees.
    On November 20, 2003, the Senate insisted on its amendment 
to H.R. 1904, agreed to a conference with the House, and 
appointed conferees.
    On November 20, 2003, the conference report was filed (H. 
Rpt. 108-386). The House considered and agreed to the 
conference report, pursuant to H. Res. 457, on November 21, 
2003, by a vote of 286 yeas and 140 nays.
    The Senate agreed to the conference report by unanimous 
consent on November 21, 2003.
    The bill was presented to the President on December 2, 
2003, and on December 3, 2003, the bill was signed by the 
President (Public Law 108-148).

          VISION 100--CENTURY OF AVIATION REAUTHORIZATION ACT

                 Public Law 108-176 (H.R. 2115, S. 824)

    To amend title 49, United States Code, to reauthorize 
programs for the Federal Aviation Administration, and for other 
purposes.

Summary

    Section 521 of H.R. 2115 directs the Secretary and the 
Administrator of the Environmental Protection Agency (EPA) to 
agree jointly on how to assure that airport sponsors receive 
appropriate emission credits for carrying out air quality 
projects at certain airports.
    The provision directs the Secretary to carry out a pilot 
program under which airport sponsors may use airport planning 
and development and noise compatibility planning and program 
funds to retrofit existing eligible airport ground support 
equipment that burns conventional fuels to achieve lower 
emissions utilizing emission control technologies certified or 
verified by the EPA.
    The section also makes eligible for airport development 
project funds: (1) work necessary to construct or modify 
airport facilities to provide low-emission fuel systems, gate 
electrification, and other related air quality improvements at 
a commercial service airport provided the airport is located in 
an air quality nonattainment or maintenance area, and such 
project will result in an airport receiving appropriate 
emission credits; and, (2) the conversion of vehicles and 
ground support equipment owned by a commercial service airport 
to low-emission technology or acquisition for use at such 
airport vehicles and ground support equipment that include low-
emission technology provided the airport is located in an air 
quality nonattainment area or a maintenance area, and such 
project will result in an airport receiving appropriate 
emission credits.
    In addition, the section declares that the cost is 
allowable for a project for acquiring for use at a commercial 
service airport vehicles and certain ground support equipment 
owned by a airport that include low-emission technology, if the 
total costs allowed for such project are not more than the 
incremental cost of equipping such vehicles or equipment with 
low-emission technology. This section also defines ``low-
emission technology'' as technology for vehicles and equipment 
whose emission performance is the best achievable under EPA 
emission standards, relying exclusively on alternative fuels 
that are substantially non-petroleum based, but not excluding 
hybrid systems or natural gas powered vehicles.
    In S. 824, section 508 makes eligible for airport 
development project funds a sponsor or operator of a public-use 
airport located in an air quality nonattainment or maintenance 
area that undertakes: (1) work necessary to construct or modify 
airport facilities to provide low-emission fuel systems, gate 
electrification, and other related air quality improvements at 
the airport; or, (2) a project for the acquisition or 
conversion of airport-owned vehicles and ground support 
equipment to low-emission technology. S. 824 also requires the 
project also to result in an airport receiving appropriate 
emission credits. The bill defines ``low-emission technology'' 
to mean technology: (1) for new vehicles and equipment whose 
emission performance is best achievable under standards 
established by the EPA; and, (2) that relies exclusively on 
alternative fuels that are substantially non-petroleum based 
(but not excluding hybrid systems).
    The section also directs the Secretary and the 
Administrator of the EPA to agree jointly on how to assure that 
airport sponsors receiveappropriate emission credits for 
carrying out air quality projects at certain airports.
    In addition, the provision directs the Secretary to carry 
out a pilot program under which airport sponsors may use 
airport planning and development and noise compatibility 
planning and program funds to retrofit existing eligible 
airport ground support equipment that burns conventional fuels 
to achieve lower emissions utilizing emission control 
technologies certified or verified by the EPA.

Legislative History

    H.R. 2115 was introduced by Mr. Young (AK) on May 15, 2003 
and referred to the Committee on Transportation and 
Infrastructure.
    The Committee on Energy and Commerce and the Committee on 
Transportation and Infrastructure exchanged correspondence on 
June 6, 2003.
    Pursuant to H. Res. 265, the House considered H.R. 2115 on 
June 11, 2003, and passed the bill by a vote of 418 yeas and 8 
nays.
    On June 12, 2003, H.R. 2115 was received in the Senate, 
read twice, and placed on the Senate Legislative Calendar under 
General Orders.
    On June 12, 2003, the bill was considered in the Senate by 
unanimous consent. The Senate struck all after the enacting 
clause of H.R. 2115, inserted in lieu thereof the provisions of 
S. 824, and passed the bill, as amended, by a vote of 94 ayes 
and 0 nays. The Senate insisted on its amendment to H.R. 2115, 
requested a conference with the House, and appointed conferees.
    The House disagreed to the Senate amendment, agreed to the 
Senate's request to go to conference on July 15, 2003, and 
appointed conferees. The Speaker appointed conferees from the 
Committee on Energy and Commerce for consideration of sec. 521 
of the House bill and sec. 508 of the Senate amendment, and 
modifications committed to conference, Messrs. Tauzin, Barton, 
and Dingell.
    On July 24, 2003, the Conference Committee met, and the 
conference report (H. Rpt. 108-240) was filed on July 25, 2003. 
On September 24, 2003, pursuant to H. Res. 377, the conference 
report was recommitted to the Conference Committee.
    The conference report (H. Rpt. 108-334) was filed on 
October 29, 2003. The House considered and agreed to the 
conference report, pursuant to H. Res. 442, on October 30, 
2003, by a vote of 211 yeas and 207 nays.
    The Senate agreed to conference report by unanimous consent 
on November 21, 2003.
    H.R. 2115 was presented to the President on December 2, 
2003, and on December 12, 2003, was signed by the President 
(Public Law 108-176).

 SOUTHERN UTE AND COLORADO INTERGOVERNMENTAL AGREEMENT IMPLEMENTATION 
                              ACT OF 2003

                      Public Law 108-336 (S. 551)

    A bill to provide for the implementation of air quality 
programs developed in accordance with an Intergovernmental 
Agreement between the Southern Ute Indian Tribe and the State 
of Colorado concerning Air Quality Control on the Southern Ute 
Indian Reservation, and for other purposes.

Summary

    S. 551 authorizes the Administrator of the Environmental 
Protection Agency to treat the Southern Ute Indian Tribe as a 
State for purposes of implementing and enforcing air quality 
control programs for their Reservation, as developed in the 
Intergovernmental Agreement.

Legislative History

    S. 551 was introduced by Senator Campbell on March 6, 2003, 
read twice and referred to the Senate Committee on Environment 
and Public Works.
    On November 19, 2003, the Committee on Environment and 
Public Works reported the bill with an amendment (S. Rpt. 108-
201). S. 551 was place on Senate Legislative Calendar under 
General Orders.
    S. 551 passed the Senate, amended, by unanimous consent on 
November 21, 2003.
    On November 25, 2003, S. 551 was received in the House, and 
referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Resources, for a period to be 
subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the 
jurisdiction of the committee concerned.
    The Committee on Resources reported S. 551 to the House on 
September 30, 2004 (H. Rpt. 108-712, Part I).
    On September 30, 2004, the Committee on Energy and Commerce 
met in open markup session and ordered S. 551 reported to the 
House, by voice vote, a quorum being present.
    The Committee on Energy and Commerce reported S. 551 to the 
House on October 4, 2004 (H. Rpt. 108-712, Part II).
    The House considered S. 551 under suspension of the rules, 
and passed the bill by voice vote on October 4, 2004.
    S. 551 was presented to the President on October 7, 2004, 
and signed by the President on October 18, 2004 (Public Law 
108-336).

                  TAPOCO PROJECT LICENSING ACT OF 2004

                Public Law 108-343 (H.R. 4667, S. 2319)

    To authorize and facilitate hydroelectric power licensing 
of the Tapoco Project, and for other purposes.

Summary

    The bill instructs the Secretary of the Interior to engage 
in a simultaneous specified land exchange with Alcoa Power 
Generating Inc.

Legislative History

    H.R. 4667 was introduced in the House by Mr. Duncan on June 
23, 2004, and referred to the Committee on Resources, and in 
addition to the Committee on Energy and Commerce, for a period 
to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the 
jurisdiction of the committee concerned.
    On September 30, 2004 the Committee on Energy and Commerce 
met in open markup session and ordered the bill reported to the 
House by voice vote, a quorum being present. The Committee on 
Energy and Commerce reported H.R. 4667 to the House (H. Rpt. 
108-721, Part I) on October 4, 2004.
    No further action was taken on H.R. 4667.
    S. 2319 was introduced by Senator Alexander on April 19, 
2004, read twice and referred to the Committee on Energy and 
Natural Resources. The Committee held a hearing on the bill on 
April 27, 2004, and on June 16, 2004 met in open markup 
session, and ordered the bill reported with an amendment in the 
nature of a substitute favorably. The bill was reported to the 
Senate with an amendment in the nature of a substitute (S. Rpt. 
108-299), and placed on the Senate Legislative Calendar under 
General Orders.
    On September 15, 2004, S. 2319 passed the Senate, with an 
amendment, by unanimous consent.
    On September 17, 2004, the bill was received in the House 
and held at the desk, and on October 4, 2004, the bill was 
considered under suspension of the rules and passed the House 
by voice vote.
    S. 2319 was presented to the President on October 7, 2004, 
and on October 18, 2004, the bill was signed by the President 
(Public Law 108-343).

            DEPARTMENT OF DEFENSE FY 2005 AUTHORIZATION BILL

                Public Law 108-375 (H.R. 4200, S. 2400)


                          (Energy Provisions)

    To authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year 
for the Armed Forces, and for other purposes.

Summary

    H.R. 4200 includes a two-year extension of Price-Anderson 
Act indemnification authorities for Department of Energy (DOE) 
contractors expiring on December 31, 2006.
    The bill also includes a provision to provide that certain 
radioactive wastes from reprocessing of spent nuclear fuel 
stored at DOE sites in South Carolina and Idaho may be disposed 
of as low level wastes.

Legislative History

    On April 22, 2004, Mr. Hunter introduced H.R. 4200 by 
request, and the bill was referred to the House Committee on 
Armed Services.
    There was an exchange of correspondence between the 
Committee on Energy and Commerce and the Committee on Armed 
Services on May 14, 2004.
    On May 14, 2004, the Committee on Armed Service reported 
H.R. 2400 to the House, amended (H. Rpt. 108-491).
    H.R. 4200 was considered in the House on May 19 and 20, 
2004, under the provisions of H. Res. 648. The bill passed the 
House by vote of 391 yeas and 34 nays.
    On June 23, 2004, the bill passed the Senate with an 
amendment by unanimous consent. The Senate insisted on its 
amendment, asked for a conference, and appointed conferees.
    The House disagreed to the Senate amendment on September 
28, 2004, agreed to a conference agreed and appointed 
conferees. The Speaker appointed conferees from the Committee 
on Energy and Commerce for consideration of secs. 596, 601, 
3111, 3131, 3133 and 3201 of the House bill, and secs. 321-323, 
716, 720, 1084-1089, 1091, 2833, 3116, 3119, 3141, 3142, 3145, 
3201, and 3503 of the Senate amendment, and modifications 
committed to conference, Messrs. Barton, Upton, and Dingell.
    A conference was held on September 29, 2004, and on October 
8, 2004 the conference report was filed (H. Rpt. 108-767).
    On October 8, 2004, H. Res. 843, providing for the 
consideration of the conference report to accompany H.R. 4200, 
passed the House by voice vote. Then, on October 9, 2004, the 
conference report was considered in the House under the 
provisions of H. Res. 843. The conference report passed the 
House by a vote of 359 yeas and 14 nays.
    Senate agreed to conference report by unanimous consent on 
October 9, 2004.
    On October 21, 2004, the bill was presented to President, 
and was signed by the President on October 28, 2004 (Public Law 
108-375).

                       ENERGY POLICY ACT OF 2003

                     (H.R. 6, H.R. 1644, H.R. 4503)

    To enhance energy conservation and research and 
development, to provide for security and diversity in the 
energy supply for the American people, and for other purposes.

Summary

    H.R. 6, as agreed to in conference, includes a wide variety 
of provisions intended to increase domestic energy supply and 
encourage energy efficiency. The bill is based largely on 
energy legislation that was passed in differing forms by the 
House and Senate in the 107th Congress (H.R. 4), but ultimately 
not enacted.
    On electricity issues, the bill would, in part, provide for 
incentive-based transmission rates, allow transmission owners 
in certain instances with Federal Energy Regulatory Commission 
(FERC) approval to exercise the right of eminent domain to site 
new transmission lines, and give new, but limited, authority to 
FERC over municipal and cooperative transmission systems. In 
addition, H.R. 6 would repeal the Public Utility Holding 
Company Act (PUHCA) and give FERC and state public utility 
commissions access to books and records, prospectively repeal 
the mandatory purchase requirement of the Public Utility 
Regulatory Policies Act of 1978 (PURPA), and establish market 
transparency rules.
    H.R. 6 establishes an electric reliability organization to 
develop and enforce reliability standards for the bulk 
transmission system. The bill also provides for a system to 
improve transparency of electricity markets, prohibits round 
trip trades, and increases civil and criminal penalties for 
violations of the Federal Power Act.
    H.R. 6 includes a renewable fuel standard (RFS) that would 
require the blending of 2.7 billion gallons of renewable fuel 
with gasoline in 2005. Most of this would be met with ethanol, 
but other renewable fuels, including biodiesel, would qualify. 
The required volume of blended fuel would rise to 5 billion 
gallons annually by 2015. H.R. 6 would amend the Clean Air Act 
by eliminating the oxygen content requirement for reformulated 
gasoline. In addition, H.R. 6 would provide safe harbor 
protection for renewable fuel, as defined by section 211(o)(1) 
of the Clean Air Act, and fuel containing MTBE.
    H.R. 6 also provides new federal authorities and 
requirements for the federal leaking underground storage tank 
program. Among other items, it requires onsite inspections of 
underground storage tanks every three years, establishes 
operator-training programs where they do not already exist, and 
institutes a specific new funding category to clean up tank-
related releases of oxygenated fuel additives in gasoline, like 
MTBE.
    H.R. 6 would reauthorize the Price-Anderson Act nuclear 
liability system through December 31, 2023. Under Price-
Anderson, commercial reactor accident damages are paid through 
a combination of private-sector insurance and a nuclear 
industry self-insurance system. Price-Anderson also authorizes 
the Department of Energy (DOE) to indemnify its nuclear 
contractors.
    H.R. 6 would direct DOE to set efficiency standards within 
three years for ``standby mode'' energy use by battery chargers 
and external power supplies, as well as standards for other 
appliances. The bill also would require progressive annual 
reductions in energy use by federal buildings from FY2001 
levels, culminating in a 20% reduction by FY2014.
    H.R. 6 also provides a statutory framework for the 
expedited approval, construction, and initial operation of an 
Alaska natural gas transportation project as an alternative to 
the Alaska Natural Gas Transportation Act of 1976, which 
remains in effect; establishes a process for providing access 
to the pipeline in order to promote competition in the 
exploration, development, and production of Alaska natural gas; 
and, prohibits a pipeline route that would be constructed from 
Prudhoe Bay, under the Beaufort Sea, into Canada.
    H.R. 6 also authorizes the expansion of the Strategic 
Petroleum Reserve capacity from 700 million to one billion 
barrels.
    The bill provides incentives through cost sharing to 
improve and bring to market new clean coal technologies, and 
also provides authorization for new programs to develop 
hydrogen fuel infrastructure. In addition, the bill also 
provides incentives for the development of renewable energy 
sources such as hydroelectric and geothermal.
    H.R. 6 provides authorizations for DOE's fossil fuel 
program for existing and new coal-based research and 
development, and provides authorization for the Secretary of 
Energy to carry out the Clean Coal Power Initiative, which will 
provide funding to those projects that can demonstrate advanced 
coal-based power generating technologies that achieve 
significant reductions in emissions, and where at least 60 
percent of this authorization will be used for projects related 
to coal-based gasification technology.
    H.R. 6 amends procedures for the relicensing of 
hydroelectric dams.
    Finally, H.R. 6 launches a program to support hydrogen-
powered automobiles on the road by 2020, along with the 
necessary infrastructure to provide for the safe delivery of 
hydrogen fuels.

Legislative History

    On March 19, 2003, the Subcommittee on Energy and Air 
Quality met in open markup session and approved a Committee 
Print for Full Committee consideration, as amended, by a record 
vote of 21 yeas and 9 nays. On April 1, April 2, and April 3, 
2003, the Full Committee met in open markup session and ordered 
a Committee Print reported to the House, as amended, by a 
record vote of 36 yeas and 17 nays. A unanimous consent request 
by Mr. Tauzin to allow a report to be filed on a bill to be 
introduced, and that the actions of the Committee be deemed as 
action on that bill, was agreed to by unanimous consent.
    H.R. 1644 was introduced by Mr. Barton on April 7, 2003, 
and referred to the Committee on Energy and Commerce, and in 
addition to the Committees on Science, Resources, Education and 
the Workforce, and Transportation and Infrastructure, for a 
period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned.
    The Committee on Energy and Commerce filed a report on H.R. 
1644, pursuant to the unanimous consent request, on April 8, 
2003 (H. Rpt. 108-65, Part I).
    On April 8, 2003, H.R. 1644 was referred sequentially to 
the Committee on the Judiciary for a period ending not later 
than April 9, 2003 for consideration of such provisions of the 
bill and amendment as fall within the jurisdiction of that 
committee pursuant to clause 1(k), rule X.
    On April 9, 2003, H.R. 1644 was referred sequentially to 
the Committee on Government Reform for a period ending not 
later than April 9, 2003, for consideration of such provisions 
of the bill and amendment as fall within the jurisdiction of 
that committee pursuant to clause 1(h), rule X.
    On April 9, 2003, the Committees on Science, Resources, 
Education and the Workforce, Transportation and Infrastructure, 
Judiciary, and Government Reform were discharged from further 
consideration of the bill.
    All Committees were discharged from further consideration 
of the bill on April 9, 2003, and no further action on H.R. 
1644 was taken in 108th Congress.
    However, on April 7, 2003, Mr. Tauzin introduced H.R. 6, 
which was referred to the Committee on Energy and Commerce, and 
in addition to the Committees on Science, Ways and Means, 
Resources, Education and the Workforce, Transportation and 
Infrastructure, Financial Services, and Agriculture, for a 
period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned. As introduced, H.R. 6 
contained provisions that were substantially similar to 
provisions in H.R. 1644, as well as H.R. 238, and H.R. 1531.
    On April 10, 2003, H.R. 6 was considered in the House 
pursuant to H. Res. 189. The bill passed the House, as amended, 
by a vote of 247 yeas and 175 nays on April 11, 2003.
    H.R. 6 was received in the Senate on April 29, 2003. On May 
5, 2003, the bill was read the first time and placed on the 
Senate Legislative Calendar under Read the First Time. H.R. 6 
was read the second time and placed on the Senate Legislative 
Calendar under General Orders on May 6, 2003.
    On July 31, 2003, H.R. 6 passed the Senate with an 
amendment by a record vote of 84 yeas and 14 nays. In addition, 
the Senate insisted upon its amendment, requested a conference 
with the House, and appointed conferees.
    On September 4, 2003, the House disagreed to the Senate 
amendment and agreed to go to conference. On September 5, 2003, 
the Speaker appointed conferees from the Committee on Energy 
and Commerce for consideration of the House bill and Senate 
amendment, and modifications committed to conference.
    The Conference Committee met on September 5, 2003, and the 
conference report was filed on November 18, 2003 (H. Rpt. 108-
375).
    The House considered and agreed to the conference report, 
pursuant to H. Res. 443, on November 18, 2003, by a vote of 246 
yeas and 180 nays.
    On November 21, 2003, a motion for cloture on the 
conference report was not invoked in the Senate by a vote of 57 
yeas and 40 nays.
    No further action on H.R. 6 was taken in 108th Congress.
    Subsequently, H.R. 4503 was introduced by Mr. Barton on 
June 3, 2004, and referred to the Committee on Energy and 
Commerce, and in addition to the Committees on Science, Ways 
and Means, Resources, Education and the Workforce, 
Transportation and Infrastructure, Financial Services, 
Agriculture, and the Budget, for a period to be subsequently 
determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the 
committee concerned. The text of H.R. 4503 was substantially 
similar to the text of the conference report to accompany H.R. 
6 which was pending in the Senate.
    On June 14, 2004, H.R. 4503 was considered in the House 
pursuant to H. Res. 671. The bill passed the House by a vote of 
244 yeas and 178 nays on June 15, 2004.
    H.R. 4503 was received in the Senate on June 17, 2004.
    No further action was taken on H.R. 4503 in the 108th 
Congress.

   TO EXTEND CERTAIN HYDRO-ELECTRIC LICENSES IN THE STATE OF ALASKA.

                               (H.R. 337)

    To extend certain hydro-electric licenses in the State of 
Alaska.

Summary

    H.R. 337 instructs the Federal Energy Regulatory 
Commission, upon licensee request, to: (1) issue an order 
staying a specified hydroelectric license in the State of 
Alaska; (2) lift such stay, but not later than six years after 
the date that it receives written notice that construction of 
the Swan-Tyee transmission line is completed; (3) make the 
effective date of the license the date on which the stay is 
lifted; and, (4) extend the time during which such licensee is 
required to commence project construction for not more than one 
two-year time period.

Legislative History

    H.R. 337 was introduced by Mr. Young (AK) on January 27, 
2003, and referred to the Committee on Energy and Commerce.
    On January 29, 2003, the Committee on Energy and Commerce 
met in open markup session and ordered H.R. 337 reported to the 
House by a voice vote, a quorum being present. On February 4, 
2003, the Committee on Energy and Commerce reported H.R. 337 to 
the House (H. Rpt. 108-4).
    H.R. 337 was considered by the House under suspension of 
the rules on February 11, 2003, and passed the House by voice 
vote.
    On February 12, 2003, H.R. 337 was received in the Senate. 
On February 24, 2003, H.R. 337 was read twice and referred to 
the Committee on Energy and Natural Resources.
    No further action on H.R. 337 was taken in 108th Congress.

           FOREIGN RELATIONS AUTHORIZATION ACT, FY 2004-2005

                              (H.R. 1950)

    To establish the Millennium Challenge Account to provide 
increased support for certain developing countries; to 
authorize the expansion of the Peace Corps; to authorize 
appropriations for the Department of State for fiscal years 
2004 and 2005; and to authorize appropriations under the Arms 
Export Control Act and the Foreign Assistance Act of 1961 for 
security assistance for fiscal years 2004 and 2005.

Summary

    H.R. 1950, as reported by the Committee on International 
Relations, contained section 730, which was a ``Sense of 
Congress on Climate Change'' that ``the United States should 
demonstrate international leadership and responsibility in 
reducing the health, environmental, and economic risks posed by 
climate change,'' through several actions: (1) taking 
responsible action to ensure significant and meaningful 
reductions in emissions of greenhouse gases from all sectors; 
(2) creating flexible mechanisms such as tradable credits for 
emissions reductions and carbon sequestration; (3) 
participating in international negotiations, including making 
proposals that have the objective of obtaining U.S. 
participation in a future binding climate change treaty in a 
manner consistent with the United Nations Framework Convention 
on Climate Change (UNFCCC), that protects the economic 
interests of the United States, and that recognizes the shared 
international responsibility for addressing climate change, 
including developing country participation; and, (5) 
establishing in the House and Senate bipartisan observer groups 
to monitor any international negotiations on climate change.

Legislative History

    H.R. 1950 was introduced by Mr. Hyde on May 5, 2003, and 
referred to the Committee on International Relations.
    On May 8, 2003, the Committee on International Relations 
met in open markup session and ordered H.R. 1950 to be 
reported, as amended, by a record vote of 42 yeas and 3 nays. 
On May 16, 2003, the Committee on International Relations 
reported H.R. 1950 to the House (H. Rpt. 108-105, Part I).
    On May 16, 2003, H.R. 1950 was referred jointly and 
sequentially to the Committees on Armed Services, Energy and 
Commerce, and Judiciary for a period ending not later than June 
13, 2003, for consideration of such provisions of the bill and 
amendment as fall within the jurisdiction of that committee 
pursuant to clause 1(k), rule X
    On June 9, 2003, the Committees on Armed Services, Energy 
and Commerce and Judiciary were granted an extension for 
further consideration ending not later than June 16, 2003.
    The Committee on International Relations filed a 
supplemental report (H. Rpt. 108-105, Part II) on June 12, 
2003.
    On June 16, 2003, the Committees on Armed Services and 
Energy and Commerce were granted an extension for further 
consideration ending not later than July 11, 2003.
    On July 9, 2003, the Committee on Energy and Commerce met 
in open markup session and ordered H.R. 1950 to be reported 
without recommendation, as amended, by voice vote. The 
Committee deleted section 730 of the bill, as reported by the 
Committee on International Relations.
    On July 11, 2003, the Committee on Energy and Commerce 
reported H.R. 1950, without recommendation, to the House, as 
amended (H. Rpt. 108-105, Part IV).
    On July 15, 2003, H.R. 1950 was considered in the House 
pursuant to H. Res. 316. The bill passed the House, as amended, 
by a roll call vote of 382 yeas and 42 nays on July 16, 2003.
    H.R. 1950 was received in the Senate, read twice, and 
placed on the Senate Legislative Calendar on July 17, 2003.
    No further action on H.R. 1950 was taken in 108th Congress.

                  NUCLEAR WASTE FINANCING ACT OF 2003

                              (H.R. 3429)

    To improve the funding mechanism for the Department of 
Energy Civilian Radioactive Waste Management Program, and for 
other purposes.

Summary

    Nuclear Waste Financing Act of 2003 requires that, 
beginning in FY 2005, and through the end of FY 2010, the 
receipts, proceeds, and recoveries realized by the Secretary of 
Energy relating to contracts for transportation and disposal of 
high-level radioactive waste and spent nuclear fuel shall be 
credited to the Nuclear Waste Fund as offsetting collections.
    The bill also prescribes implementation procedures, 
including adjustments to the levels of budgetary resources from 
offsetting collections and preservation of the corpus of the 
Fund.

Legislative History

    H.R. 3429 was introduced by Mr. Shimkus on November 4, 
2003, and referred to the Committee on Energy and Commerce.
    On March 4, 2004, the Subcommittee on Energy and Air 
Quality held a hearing on H.R. 3429. The Subcommittee received 
testimony from three Members of Congress, representatives of 
the Department of Energy, the Nuclear Regulatory Commission, 
the Nuclear Waste Technical Review Board, the National 
Association of Regulatory Utility Commissioners, the Nuclear 
Energy Institute and Bechtel SAIC, LLC.
    No further action was taken on H.R. 3429 in the 108th 
Congress.

             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

                          (H.R. 3550, S. 1072)

    To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes.

Summary

    H.R. 3550 amends the Congestion Mitigation and Air Quality 
Improvement Program to allow funds to be used to improve 
transportation systems management and operation.
    H.R 3550 amends the Clean Air Act to require the 
appropriate metropolitan planning organization to redetermine, 
by a certain deadline, the conformity of existing 
transportation plans and programs within a State Implementation 
Plan for national primary and secondary ambient air quality 
standards, and provides for regular updates of conformity 
determinations in nonattainment and maintenance areas. Further, 
the bill allows areas to opt to shorten time horizons for 
conformity determinations from 20 years to the later of: 10 
years, the relevant attainment date for an area, or one year 
following the completion of a significant project contained in 
the plan. It also allows for the substitution of transportation 
control measures without triggering a conformity determination 
under certain conditions and provides that a transportation 
plan, or program shall not be considered to have lapsed until 1 
year following the otherwise applicable date for a 
determination.
    The bill also amends the Federal-Aid Highways program to 
declare advanced truck stop electrification systems eligible 
for funding under the surface transportation program and under 
the congestion mitigation and air quality improvement program.
    In addition, the bill modifies the surface transportation 
environment and planning cooperative research program to direct 
the Secretary to make it a collaborative, public-private 
surface transportation environment and planning cooperative 
program.
    H.R. 3550 also amends Federal transportation law to provide 
a common transportation planning program administered by the 
Federal Highway Administration and the Federal Transit 
Administration.

Legislative History

    H.R. 3550 was introduced by Mr. Young (AK) on November 20, 
2003, and referred to the Committee on Transportation and 
Infrastructure.
    On March 24, 2004, the Committee on Transportation and 
Infrastructure met in open markup session and ordered H.R. 3550 
to be reported, as amended, by voice vote. On March 29, 2004, 
the Committee on Transportation and Infrastructure reported 
H.R. 3550 to the House (H. Rpt. 108-452, Part I).
    On March 29, 2004, H.R. 3550 was referred jointly and 
sequentially to the Committees on Education and the Workforce, 
Energy and Commerce, Judiciary, Resources, and Science for a 
period ending not later than March 29, 2004 for consideration 
of such provisions of the bill and amendment as fall within the 
jurisdiction of that committee pursuant to clause 1, rule X.
    On March 29, 2004, the Committees on Education and the 
Workforce, Energy and Commerce, Judiciary, Resources, and 
Science were discharged from further consideration of the bill.
    On April 1, 2004, H.R. 3550 was considered in the House 
pursuant to H. Res. 593. The bill passed the House, as amended, 
by vote of 357 yeas and 65 nays on April 2, 2004.
    On April 8, 2004, H.R. 3550 was received in the Senate. The 
bill was read twice, and placed on the Senate Legislative 
Calendar under General Orders on April 22, 2004.
    On May 19, 2004, the Senate struck all after the enacting 
clause of H.R. 3550, inserted in lieu thereof the provisions of 
S.1072, and passed the bill, as amended, by unanimous consent.
    The Senate insisted on its amendment and requested a 
conference with the House on May 19, 2004 and on May 20, 2004, 
appointed conferees.
    The House disagreed to the Senate amendment, agreed to the 
Senate's request to go to conference on June 3, 2004, and 
appointed conferees. The Speaker appointed conferees from the 
Committee on Energy and Commerce for consideration of 
provisions in the House bill and Senate amendment relating to 
Clean Air Act provisions of transportation planning contained 
in sec. 6001 of the House bill, and secs. 3005 and 3006 of the 
Senate amendment; and secs. 1202, 1824, 1828, and 5203 of the 
House bill, and secs. 1501, 1511, 1522, 1610-1619, 3016, 3023, 
4108, 4151, 4152, 4155-4159, 4162, 4172, 4173, 4424, 4481, 
4482, 4484, 4662, 8001, and 8002 of the Senate amendment, and 
modifications committed to conference, Messrs. Barton, 
Pickering, and Dingell.
    The Conference Committee met on June 9, June 23, and July 
7, July 20, and July 22, 2004.
    No further action was taken on H.R. 3550 in the 108th 
Congress.

   TO RECLASSIFY FEES PAID INTO THE NUCLEAR WASTE FUND AS OFFSETTING 
                  COLLECTIONS, AND FOR OTHER PURPOSES

                              (H.R. 3981)


Summary

    H.R. 3981 requires that fees collected by the Secretary of 
Energy and deposited into the Nuclear Waste Fund shall be 
credited to the Fund as offsetting collections beginning 
October 1, 2004, and continuing through September 30, 2009, not 
to exceed the amounts annually appropriated during that period 
from the Fund. Sets a maximum amount for FY 2005 at $576 
million.
    The bill also authorizes necessary appropriations from the 
Fund to the extent that the level of budgetary resources from 
offsetting collections is insufficient to implement activities 
under the Nuclear Waste Policy Act of 1982 for a fiscal year.
    In addition, H.R. 3981 instructs the Secretary to report to 
Congress biennially regarding the Fund's adequacy (including an 
assessment of whether current unexpended balances in the Fund, 
if made fully available to the Secretary, would affect annual 
fee determinations), and requires the report also to recommend 
whether this Act should be extended beyond its current 
expiration date of September 30, 2009, and whether alternative 
approaches may be necessary to access unexpended balances in 
the Fund.

Legislative History

    H.R. 3981 was introduced by Mr. Barton on March 17, 2004, 
and referred to the Committee on Energy and Commerce.
    On March 25, 2004, the Subcommittee on Energy and Air 
Quality held a hearing on H.R. 3981. The Subcommittee received 
testimony from three Members of Congress, representatives of 
the Department of Energy, the Nuclear Regulatory Commission, 
the Nuclear Waste Technical Review Board, the National 
Association of Regulatory Utility Commissioners, the Nuclear 
Energy Institute and Bechtel SAIC, LLC.
    On June 16, 2004, the Subcommittee on Energy and Air 
Quality met in open markup session and approved H.R. 3981 for 
Full Committee consideration, as amended, by voice vote, a 
quorum being present. On June 24, 2004, the Full Committee met 
in open markup session and ordered H.R. 3981 reported to the 
House (H. Rpt. 108-594), amended, by a roll call vote of 29 
yeas and 19 nays, a quorum being present.
    No further action was taken on H.R. 3981 in the 108th 
Congress.

           UNITED STATES REFINERY REVITALIZATION ACT OF 2004

                              (H.R. 4517)

    To provide incentives to increase refinery capacity in the 
United States.

Summary

    H.R. 4517 authorizes the Secretary of Energy to designate 
as a Refinery Revitalization Zone, any area that has 
experienced mass layoffs at manufacturing facilities; or 
contains an idle refinery and has an unemployment rate of at 
least 20% above the national average.
    The bill provides that, upon request of an applicant that 
seeks Federal authorization related to siting and operation of 
a refinery within a Refinery Revitalization Zone, the 
Department of Energy will be the lead agency for coordinating 
all applicable Federal authorizations and related environmental 
reviews of the facility. The Secretary of Energy and the heads 
of all Federal agencies of relevant jurisdiction are required 
to enter into Memoranda of Understanding for the purpose of 
ensuring a timely and coordinated review of the application 
throughout the process.
    The bill is designed to ensure compliance with all 
applicable Federal, state, and local environmental regulations 
by specifying that best available control technology, as 
appropriate, be used on all refineries located within a 
refinery revitalization zone.

Legislative History

    H.R. 4517 was introduced by Mr. Barton on June 4, 2004, and 
referred to the Committee on Energy and Commerce.
    On June 16, 2004, H.R. 4517 was considered in the House 
pursuant to H. Res. 671. The bill passed the House by a vote of 
239 yeas and 192 nays on June 16, 2004.
    H.R. 4517 was received in the Senate, read twice, and 
referred to the Committee on Environment and Public Works on 
June 17, 2004.
    No further action was taken on H.R. 4517 in the 108th 
Congress.

                THE GASOLINE PRICE REDUCTION ACT OF 2004

                              (H.R. 4545)

    To amend the Clean Air Act to reduce the proliferation of 
boutique fuels, and for other purposes.

Summary

    H.R. 4545 gives the Administrator of the Environmental 
Protection Agency, in consultation with the Secretary of 
Energy, waiver authority with respect to fuels and fuel 
additives in the event of a significant supply disruption. When 
approving State Implementation Plans, the Administrator may 
give a preference to either of 3 fuel types, reformulated 
gasoline as set forth in the statute, gasoline having a Reid 
Vapor Pressure (RVP) of 7.0 psi for the high ozone season, or 
gasoline having a RVP of 7.8 psi for the high ozone season.
    The bill prohibits the Administrator from having any 
authority to approve any fuel or fuel additive if the effect of 
such approval would be to increase the total number of fuels 
and fuel additives approved in all State implementation plans 
nationwide prior to June 1, 2004.
    The bill also requires the Administrator, in cooperation 
with the Secretary of Energy, to undertake a study to determine 
the effects of State Implementation Plans on air quality, on 
the number of fuel blends, on fuel availability, and on fuel 
costs. The results are to be reported to the Congress, with 
recommendations as to legislative changes to the preferred list 
of fuels. If the recommendations are to increase the number of 
preferred fuels, the total preferred fuels shall not exceed 10 
fuels.

Legislative History

    H.R. 4545 was introduced by Mr. Blunt on June 14, 2004, and 
referred to the Committee on Energy and Commerce.
    On June 15, 2004, H.R. 4545 was considered under suspension 
of the rules.
    On June 16, 2004, the motion to suspend the rules and pass 
H.R. 4545 was not agreed to by a vote of 236 yeas and 194 nays.
    No further action was taken on H.R. 4545 in the 108th 
Congress.

   NATIONAL ENERGY POLICY DEVELOPMENT GROUP TASK FORCE RESOLUTION OF 
                                INQUIRY

                             (H. Res. 745)

    Of inquiry requesting the President of the United States to 
provide certain information to the House of Representatives 
respecting the National Energy Policy Development Group.

Summary

    H. Res. 745 requests the President to furnish the House of 
Representatives information respecting the National Energy 
Policy Development Group Task Force.

Legislative History

    H. Res. 745 was introduced by Mr. Dingell on July 22, 2004, 
and referred to the Committee on Energy and Commerce.
    On September 15, 2004, the Committee on Energy and Commerce 
met in open markup session, and ordered the resolution to be 
reported unfavorably by a roll call vote of 30 yeas and 22 
nays, a quorum being present.
    The Committee on Energy and Commerce reported H. Res. 745 
adversely to the House on September 23, 2004 (H. Rpt. 108-697).
    No further action was taken on H. Res. 745 in the 108th 
Congress.

                          Oversight Activities


                  COMPREHENSIVE NATIONAL ENERGY POLICY

    On March 5, 12 and 13, 2003, the Subcommittee on Energy and 
Air Quality held a series of hearings on a comprehensive 
national energy policy. The hearings addressed issues of 
nuclear energy, wholesale electricity policy matters, energy 
efficiency and conservation. Witnesses testifying on the first 
day of hearings included the Deputy Secretary of the Department 
of Energy, the Chairman and two Commissioners of the Federal 
Energy Regulatory Commission, the Chairman of the Nuclear 
Regulatory Commission, as well as representatives of the 
nuclear power industry, consumer groups, nuclear safety 
experts, and advocates for energy efficiency and conservation. 
The second day of hearings included representatives from the 
Federal Energy Regulatory Commission's office of Energy 
Projects, the hydroelectric industry, and environmental 
advocates. On the final day of hearings, the Subcommittee heard 
testimony from state regulators, government representatives, 
consumer advocates, industrial consumers, environmental 
advocates, industry representatives, and analysts.

                  UNITED NATIONS OIL FOR FOOD PROGRAM

    On May 14, 2003, the Subcommittee on Energy and Air Quality 
held a hearing on the United Nations Oil for Food Program, its 
effect on oil markets, and whether it should be continued. 
Witnesses included representatives from the Energy Information 
Agency, Center for Strategic and International Studies, and the 
James A. Baker III Institute for Public Policy at Rice 
University.
    The Subcommittee also held a hearing on July 8, 2004, on 
the United Nations Oil for Food program. The hearing updated 
members on the investigations into the alleged improprieties 
involving the Oil for Food Program. Witnesses included a Member 
of Congress, a representative of the Government Accountability 
Office, a journalist, and a former Deputy Undersecretary of the 
Department of Defense.

                       THE HYDROGEN FUEL ECONOMY

    On May 20, 2003, the Subcommittee on Energy and Air Quality 
held a hearing on the Hydrogen Energy Economy. The hearing 
focused on the potential for the use of hydrogen in both 
stationary and transportation applications, specifically the 
Administration's Freedom Car and Hydrogen Fuel Initiative. In 
addition, the predicted benefits for the use of hydrogen as an 
energy source as well as the challenges faced in make such a 
substantial change to our nation's energy and equipment 
infrastructure, and issues concerning the production, 
distribution and safe utilization of hydrogen were considered. 
Witnesses included Department of Energy, and industry 
representatives.

    METHYL BROMIDE UNDER THE CLEAN AIR ACT AND THE MONTREAL PROTOCOL

    On June 3, 2003, the Subcommittee on Energy and Air Quality 
held a hearing on the status of methyl bromide under the Clean 
Air Act and the Montreal Protocol. The hearing examined the 
utilization of methyl bromide in agricultural pre-plant 
fumigation and other uses as well as the schedule for phase out 
of methyl bromide and the existence of exemptions from this 
phase out. Witnesses included representatives from the 
Department of State, the Department of Energy, the 
Environmental Protection Agency, industry representatives and 
environmental advocates.
    On July 21, 2004, the Subcommittee on Energy and Air 
Quality held another hearing entitled Methyl Bromide: Update on 
Achieving the Requirements of the Clean Air Act and Montreal 
Protocol. The hearing focused on the current use of methyl 
bromide in the U.S., alternatives to the use of methyl bromide, 
the international process underway to implement the Montreal 
Protocol, and the U.S. efforts to comply with the Montreal 
Protocol. Witnesses included the Department of State, the 
Department of Agriculture, the Environmental Protection Agency, 
industry and environmental advocates.

                         CLEAN COAL TECHNOLOGY

    On June 24, 2003, the Subcommittee on Energy and Air 
Quality held a hearing on the Future Options for Generation of 
Electricity from Coal. The hearing addressed the status of new 
technologies, and the improvements to existing technologies for 
the future use of coal for electric generation. The hearing 
also provided information on the current and projected cost, 
reliability, and overall competitiveness of coal in the 
marketplace. The first panel of witnesses included a 
representative from the DOE and the utility sector, a well as a 
coal producer. The second panel included an end user, a coal 
technology manufacturer, an environmental advocate, a coal and 
utility sector researcher, and a pollution control equipment 
manufacturer.

THE CLEAR SKIES INITIATIVE: A MULTIPOLLUTANT APPROACH TO THE CLEAN AIR 
                                  ACT

    On July 8, 2003, the Subcommittee on Energy and Air Quality 
held a hearing on the President's Clear Skies Initiative. The 
hearing addressed the basic framework and elements of the 
Administration's Clear Skies Initiative, how this proposal 
would change current law regarding the regulation of affected 
facilities, and the anticipated costs and benefits of this 
approach to controlling emissions of sulfur dioxide 
(SO
2
), nitrous oxides (NO
X
) and mercury 
(Hg) from affected facilities. The sole witness was the 
Assistant Administrator for Air and Radiation of the 
Environmental Protection Agency.

         ``BUMP-UP'' POLICY UNDER TITLE I OF THE CLEAN AIR ACT

    On July 22, 2003, the Subcommittee on Energy and Air 
Quality held a hearing on the ``Bump-Up'' Policy Under Title I 
of the Clean Air Act. The hearing addressed the attainment date 
extension policy issued by the Environmental Protection Agency 
(EPA) in 1998, the current situation facing various 
``nonattainment'' areas following court decisions invalidating 
this policy, and the ability of the EPA, states and local areas 
to address downwind attainment problems in the future. 
Witnesses included representatives from Environmental 
Protection Agency, state and local governments of New Jersey, 
Georgia, Louisiana and Texas, and representatives of the 
environmental community.

               AIR QUALITY ISSUES IN THE COACHELLA VALLEY

    On January 12, 2004, the Subcommittee on Energy and Air 
Quality held a field hearing in Palm Desert, CA on air quality 
issues in the Coachella Valley. The hearing reviewed efforts in 
the Coachella Valley to meet National Ambient Air Quality 
Standards and the unique circumstances presented by Southern 
California geography, the desert environment and continuing 
growth in the region. The hearing also addressed emissions of 
particulate matter associated with natural conditions in the 
valley as well as other activities and conditions, including 
declining water levels in the Salton Sea. Witnesses included 
representatives from the Environmental Protection Agency, local 
government, stakeholders, and private businesses.

             DEPARTMENT OF ENERGY'S YUCCA MOUNTAIN PROJECT

    On March 25, 2004, the Subcommittee on Energy and Air 
Quality held a hearing to review the Department of Energy's 
Yucca Mountain Project. The hearing focused on the Department 
of Energy's (DOE) progress toward submission of a license 
application to the Nuclear Regulatory Commission (NRC) to 
develop Yucca Mountain as a long-term repository for the 
disposal of radioactive waste, and legislation to reclassify 
contributions to the Nuclear Waste Fund (NWF). Witnesses 
included Members of Congress, representatives from the 
Department of Energy, the Nuclear Regulatory Commission, a 
state regulatory commission, the Nuclear Waste Technical Review 
Board, and the nuclear industry.

CURRENT ENVIRONMENTAL ISSUES AFFECTING THE READINESS OF THE DEPARTMENT 
                               OF DEFENSE

    On April 21, 2004, the Subcommittees on Energy and Air 
Quality and Environment and Hazardous Materials held a joint 
hearing on environmental issues affecting the readiness of the 
Department of Defense. The hearing focused on several proposals 
by the Department of Defense (DOD), which would either amend or 
affect the operation of Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), the Resource 
Conservation and Recovery Act (RCRA), the Safe Drinking Water 
Act (SDWA) and the Clean Air Act (CAA). Witnesses included 
representatives from the Department of Defense, the 
Environmental Protection Agency, state regulators, and 
environmental advocates.

                ULTRADEEP WATER RESEARCH AND DEVELOPMENT

    On April 29, 2004, the Subcommittee on Energy and Air 
Quality held a hearing on the benefits of ultradeep water 
research and development. The hearing addressed the issue of 
benefits that may accrue to the nation as a result of programs 
that focus on the use of technology for exploring and producing 
oil and natural gas in ultradeep waters. Witnesses included 
Members of Congress, the Energy Information Agency, and 
industry representatives and researchers.

                      ALASKA NATURAL GAS PIPELINE

    On May 5, 2004, the Subcommittee on Energy and Air Quality 
held a hearing on the Alaska Natural Gas Pipeline Status 
Report. The hearing focused on status of the Alaska Natural Gas 
Pipeline project and the probability of its being built. 
Witnesses included a Member of Congress, the Chairman of the 
Federal Energy Regulatory Commission, and industry 
representatives.

REGIONAL ENERGY RELIABILITY AND SECURITY: DOE AUTHORITY TO ENERGIZE THE 
                           CROSS SOUND CABLE

    On May 19, 2004, the Subcommittee on Energy and Air Quality 
held a hearing on the Department of Energy's authority to 
energize the Cross Sound cable. The hearing addressed energy 
security and reliability issues confronting the Northeast and 
the authority of the Secretary of Energy to order operation of 
the Cross Sound Cable. Witnesses included Members of Congress, 
the Chairman of the Federal Energy Regulatory Commission, the 
Attorney General of the State of Connecticut, a representative 
of the Department of Energy, a state regulator, an independent 
system operator, and an electric industry representative.

PROPOSALS TO CONSOLIDATE OFFICES OF COUNTERINTELLIGENCE AT NNSA AND DOE

    On July 13, 2004, the Subcommittee on Energy and Air 
Quality held a hearing to review proposals to consolidate the 
Offices of Counter Intelligence at National Nuclear Security 
Administration (NNSA) and Department of Energy. Witnesses 
included the Administrator of NNSA and the National 
Counterintelligence Executive.

                         U.S. REFINING INDUSTRY

    On July 15, 2004, the Subcommittee on Energy and Air 
Quality held a hearing on the status of the U.S. refining 
industry. The hearing updated members on refining capacity, 
gasoline prices, and the likelihood of building new domestic 
refining capacity. Witnesses included representatives from the 
Energy Information Agency, the Environmental Protection Agency, 
the Government Accountability Office, the Federal Trade 
Commission, industry representatives and analysts, a consumer 
advocate, and an environmental advocate.

                            PIPELINE SAFETY

    On July 20, 2004, the Subcommittee on Energy and Air 
Quality held a hearing on pipeline safety. The hearing updated 
the members on the implementation of the Pipeline Safety 
Improvement Act of 2002, and presented views from various 
stakeholders. Witnesses included representatives from the 
Department of Transportation, the Government Accountability 
Office, pipeline safety advocates and industry representatives.

                             Hearings Held

    Comprehensive National Energy Policy.--Oversight hearing on 
Comprehensive National Energy Policy. Hearings held on March 5, 
2003, March 12, 2003, and March 13, 2003. PRINTED, Serial 
Number 108-7.
    United Nations Oil for Food Program.--Oversight hearing on 
United Nations Oil for Food Program. Hearing held on May 14, 
2003. PRINTED, Serial Number 108-18.
    The Hydrogen Energy Economy.--Oversight hearing on the 
Hydrogen Energy Economy. Hearing held on May 20, 2003. PRINTED, 
Serial Number 108-21.
    Status of Methyl Bromide under the Clean Air Act and the 
Montreal Protocol.--Oversight hearing on Status of Methyl 
Bromide under the Clean Air Act and the Montreal Protocol. 
Hearing held on June 3, 2003. PRINTED, Serial Number 108-55.
    Future Options for Generation of Electricity from Coal.--
Oversight hearing on the Future Options for Generation of 
Electricity from Coal. Hearing held on June 24, 2003. PRINTED, 
Serial Number 108-32.
    The Clear Skies Initiative: A Multipollutant Approach to 
the Clean Air Act.--Oversight hearing on the Clear Skies 
Initiative: A Multipollutant Approach to the Clean Air Act. 
Hearing held on July 8, 2003. PRINTED, Serial Number 108-65.
    ``Bump-Up'' Policy Under Title I of the Clean Air Act.--
Oversight hearing on ``Bump-Up'' Policy Under Title I of the 
Clean Air Act. Hearing held on July 22, 2003. PRINTED, Serial 
Number 108-62.
    Air Quality Issues in the Coachella Valley.--Oversight 
hearing on Air Quality Issues in the Coachella Valley. Hearing 
held on January 12, 2004. PRINTED, Serial Number 108-61.
    A Review of the Department of Energy's Yucca Mountain 
Project, and Proposed Legislation to Alter the Nuclear Waste 
Trust Fund.--Hearing on H.R. 3429, the Nuclear Waste Financing 
Act of 2003, and H.R. 3981, to reclassify fees paid into the 
Nuclear Waste Fund as offsetting collections, and for other 
purposes. Hearing held on March 25, 2004. PRINTED, Serial 
Number 108-70.
    Current Environmental Issues Affecting the Readiness of the 
Department of Defense.--Joint oversight hearing with the 
Subcommittee on Environment and Hazardous Materials on Current 
Environmental Issues Affecting the Readiness of the Department 
of Defense. Hearing held on April 21, 2004. PRINTED, Serial 
Number 108-119.
    Ultradeep Water Research and Development: What Are the 
Benefits?--Oversight hearing on Ultradeep Water Research and 
Development: What Are the Benefits? Hearing held on April 29, 
2004. PRINTED, Serial Number 108-77.
    Alaska Natural Gas Pipeline Status Report.--Oversight 
hearing on Alaska Natural Gas Pipeline Status Report. Hearing 
held on May 5, 2004. PRINTED, Serial Number 108-82.
    Regional Energy Reliability and Security: DOE Authority to 
Energize the Cross Sound Cable.--Oversight hearing on Regional 
Energy Reliability and Security: DOE Authority to Energize the 
Cross Sound Cable. Hearing held on May 19, 2004. PRINTED, 
Serial Number 108-83.
    United Nations Oil for Food Program.--Oversight hearing on 
United Nations Oil for Food Program. Hearing held on July 8, 
2004. PRINTED, Serial Number 108-106.
    A Hearing to Review Proposals to Consolidate the Offices of 
Counter Intelligence at NNSA and DOE.--Oversight hearing to 
Review Proposals to Consolidate the Offices of Counter 
Intelligence at NNSA and DOE. Hearing held on July 13, 2004. 
NOT PRINTED.
    The Status of the U.S. Refining Industry.--Oversight 
hearing on The Status of the U.S. Refining Industry. Hearing 
held on July 15, 2004. PRINTED, Serial Number 108-113.
    Pipeline Safety.--Oversight hearing on Pipeline Safety. 
Hearing held on July 20, 2004. PRINTED, Serial Number 108-111.
    1Methyl Bromide: Update on Achieving the Requirements of 
the Clean Air Act and the Montreal Protocol.--Oversight hearing 
on Methyl Bromide: Update on Achieving the Requirements of the 
Clean Air Act and the Montreal Protocol. Hearing held on July 
21, 2004. PRINTED, Serial Number 108-118.
          Subcommittee on Environment and Hazardous Materials

           (Ratio 16-13)

  PAUL E. GILLMOR, Ohio, Chairman

HILDA L. SOLIS, California           RALPH M. HALL, Texas
FRANK PALLONE, Jr., New Jersey       JAMES C. GREENWOOD, Pennsylvania
ALBERT R. WYNN, Maryland             HEATHER WILSON, New Mexico
LOIS CAPPS, California               VITO FOSSELLA, New York
MICHAEL F. DOYLE, Pennsylvania         Vice Chairman
TOM ALLEN, Maine                     STEVE BUYER, Indiana
JAN SCHAKOWSKY, Illinois             GEORGE RADANOVICH, California
CHARLES A. GONZALEZ, Texas           CHARLES F. BASS, New Hampshire
PETER DEUTSCH, Florida               JOSEPH R. PITTS, Pennsylvania
BOBBY L. RUSH, Illinois              MARY BONO, California
BART STUPAK, Michigan                LEE TERRY, Nebraska
GENE GREEN, Texas                    MIKE ROGERS, Michigan
JOHN D. DINGELL, Michigan            DARRELL E. ISSA, California
  (ex officio)                       C.L. ``BUTCH'' OTTER, Idaho
                                     JOHN SULLIVAN, Oklahoma
                                     JOE BARTON, Texas
                                       (ex officio)

Jurisdiction: Environmental protection in general, including the Safe 
Drinking Water Act and risk assessment matters; solid waste, hazardous 
waste and toxic substances, including Superfund and RCRA; mining, oil, 
gas, and coal combustion wastes; and noise pollution control.

                         Legislative Activities


                     CONTINUING APPROPRIATIONS BILL

                     Public Law 108-7 (H.J. Res. 2)


                       (Environmental Provisions)

    Making consolidated appropriations for the fiscal year 
ending September 30, 2003, and for other purposes.

Summary

    Division M amends the Department of Defense Appropriations 
Act, 2003 to authorize specified funds to settle disputed 
takings of property adjacent to the Tooele Army Depot, Utah. 
The Division also earmarks specified funds under such Act for 
the disposal of obsolete vessels in the Maritime Administration 
National Defense Reserve fleet. Requires a report from the 
Secretaries of the Navy and Transportation to the congressional 
defense committees concerning such vessels, and authorizes the 
Secretary of the Air Force to transfer specified funds under 
such Act to the U.S. Fish and Wildlife Service for the 
acquisition of land at Nellis Air Force Base, Nevada.

Legislative History

    H.J. Res. 2 was introduced in the House by Mr. Young (FL) 
on January 7, 2003. The bill was referred solely to the 
Committee on Appropriations.
    On January 8, 2003, H.J. Res. 2 was considered in the House 
pursuant to H. Res. 15. The House passed the bill by voice 
vote.
    On January 9, 2003, H.J. Res. 2 was received in the Senate, 
read the first time, and placed on the Senate Legislative 
Calendar under Read the First Time. On January 10, 2003, H.J. 
Res. 2 was read the second time and placed on Senate 
Legislative Calendar.
    On January 23, 2003, H.J. Res. 2 passed the Senate, with an 
amendment, by a vote of 69 yeas and 29 nays.
    On January 23, 2003, the Senate insisted on its amendment 
to H.J. Res. 2, requested a conference with the House, and 
appointed conferees. On January 29, 2003, the House disagreed 
to the Senate amendment to H.J. Res. 2, agreed to a conference 
with the Senate, and appointed conferees.
    The Conference Committee met on February 10, 2003, and 
February 11, 2003. The conference report (H. Rpt. 108-10) was 
filed on February 13, 2003.
    Pursuant to H. Res. 71, on February 13, 2003, the House 
agreed to the conference report by a vote of 338 yeas and 83 
nays. The Senate agreed to the conference report by a vote of 
76 yeas and 20 nays.
    H.J. Res. 2 was presented to the President on February 19, 
2003, and on February 20, 2003, the bill was signed by the 
President (Public Law 108-7).

                      SUPPLEMENTAL APPROPRIATIONS

                 Public Law 108-11 (H.R. 1559, S. 762)

    Making emergency wartime supplemental appropriations for 
the fiscal year ending September 30, 2003, and for other 
purposes.

Summary

    Chapter 8 of H.R. 1559 makes technical corrections to 
statements of the managers with respect to the Consolidated 
Appropriations Resolution, 2003 and other specified Federal law 
regarding certain appropriations to the Department of Housing 
and Urban Development, Community Development Fund, and the 
Environmental Protection Agency, State and tribal assistance 
grants. The bill directs the Administrator of the Environmental 
Protection Agency to adjust each maximum annual pesticide 
registration maintenance fee in a manner that maintenance fee 
collections made to reach the level authorized in the 
Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 2003 
(in the Consolidated Appropriations Resolution, 2003) shall be 
established in a specified proportion.

Legislative History

    On April 2, 2003, H.R. 1559 was introduced by Mr. Young 
(FL), and reported to the House by the Committee on 
Appropriations (H. Rpt. 108-55).
    On April 3, 2003, pursuant to H. Res. 172, the bill was 
considered and passed by the House by a vote of 414 yeas and 12 
nays.
    H.R. 1559 was laid before the Senate by unanimous consent 
on April 7, 2003.
    The Senate struck all after the enacting clause the bill, 
inserted in lieu thereof the provisions of S. 762, as amended, 
and passed H.R. 1559 by unanimous consent. The Senate insisted 
on its amendment and requested a conference with the House on 
April 7, 2003, and appointed conferees.
    The House disagreed to the Senate amendment, agreed to the 
Senate's request to go to conference on April 8, 2003, and 
appointed conferees.
    On April 12, 2003, the conference report (H. Rpt. 108-76) 
was filed.
    On April 12, 2003, the House agreed to the conference 
report by voice vote, and the Senate agreed to the conference 
report by unanimous consent.
    H.R. 1559 was presented to the President on April 15, 2003, 
and signed by the President on April 16, 2003 (Public Law 108-
11).

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004

                Public Law 108-136 (H.R. 1588, S. 1050)


                       (Environmental Provisions)

    To authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year 
for the Armed Forces, and for other purposes.

Summary

    Subtitle B of H.R. 1588 repeals the authority to use 
environmental restoration account funds for the relocation of a 
contaminated facility, but retains the authority to pay 
relocation costs under cooperative agreements entered into up 
to September 30, 2003.
    The bill also authorizes the Secretary of the Navy to 
include environmental protection equipment within salvage 
facilities provided for public and private vessels and allows 
claims for salvage services to include claims for environmental 
protection services.
    In addition, H.R. 1588 amends the National Defense 
Authorization Act for Fiscal Year 1991 to repeal the authority 
for a model program of environmental restoration at closed 
military bases.
    The bill directs the Secretary to conduct a study of the 
impacts of the following activities at military installations 
and operational ranges: (1) Civilian community encroachment; 
(2) DOD compliance with State implementation plans for air 
quality under the Clean Air Act; and, (3) DOD compliance with 
the Solid Waste Disposal Act and the Comprehensive 
Environmental Response, Compensation, and Liability Act of 
1980. Requires the Secretary to: (1) prepare a plan to respond 
to encroachment issues affecting military installations and 
operational ranges; and (2) report to the defense committees on 
results of the impacts study.
    H.R. 1588 limits Army responsibility for water consumption 
impacts related to Fort Huachuca, Arizona. Recognizes the Upper 
San Pedro Partnership, Arizona, and its efforts to establish a 
collaborative water use management program in the Sierra Vista 
Subwatershed regional aquifer in Arizona. Directs the Secretary 
of the Interior to report to Congress: (1) On the water use 
management and conservation measures needed to restore and 
maintain the sustainable yield of such aquifer by and after 
September 11, 2001; and, (2) annually on Partnership progress 
toward achieving and maintaining such sustainable yield. 
Expresses the sense of Congress that any future appropriations 
to the Partnership should take into account whether it has met 
its annual goals for overdraft reduction.
    The bill also requires the Secretary to: (1) provide for an 
epidemiological study of exposure to perchlorate in drinking 
water; and, (2) provide for an independent review of the 
effects of perchlorate on the human endocrine system.

Legislative History

    H.R. 1588 was introduced by Mr. Hunter, by request, on 
April 3, 2003 and referred to the Committee on Armed Services.
    There was an exchange of correspondence between the 
Committee on Energy and Commerce and the Committee on Armed 
Services on May 16, 2003.
    On May 16, 2003, the Committee on Armed Services reported 
H.R. 1588 to the House, as amended (H. Rpt. 108-106).
    H.R. 1588 was considered in the House pursuant to H. Res. 
245 and H. Res. 247, and on May 22, 2003, the House passed the 
bill by a vote of 361 yeas and 68 nays.
    H.R. 1588 was received in the Senate on June 2, 2003. On 
June 4, 2003, the bill was laid before Senate by unanimous 
consent. The Senate struck all after the enacting clause of 
H.R. 1588, inserted in lieu thereof the provisions of S. 1050, 
and passed the bill, as amended, by voice vote.
    The Senate insisted on its amendment and requested a 
conference with the House on June 4, 2003, and appointed 
conferees.
    The House disagreed to the Senate amendment, agreed to the 
Senate's request to go to conference on July 16, 2003, and 
appointed conferees. The Speaker appointed conferees from the 
Committee on Energy and Commerce for consideration of secs. 
601, 3113, 3201, and 3517 of the House bill, and secs. 601, 
701, 852, 3151, and 3201 of the Senate amendment, and 
modifications committed to conference, Messrs. Tauzin, Barton, 
and Dingell.
    On July 22, 2003, the conference committee met, and the 
conference report was filed on November 7, 2003 (H. Rpt. 108-
354).
    Pursuant to H. Res. 437, on November 7, 2003, the House 
agreed to the conference report by vote of 362 yeas and 40 
nays, 2 voting present.
    On November 12, 2004, the Senate agreed to the conference 
report by a vote of 95 yeas and 3 nays on November 12, 2003.
    H.R. 1588 was presented to and signed by the President on 
November 24, 2003 (Public Law 108-136).

                    HEALTHY FORESTS RESTORATION ACT

                     Public Law 108-148 (H.R. 1904)

    An act to improve the capacity of the Secretary of 
Agriculture and the Secretary of the Interior to conduct 
hazardous fuels reduction projects on National Forest System 
lands and Bureau of Land Management lands aimed at protecting 
communities, watersheds, and certain other at-risk lands from 
catastrophic wildfire, to enhance efforts to protect watersheds 
and address threats to forest and rangeland health, including 
catastrophic wildfire, across the landscape, and for other 
purposes.

Summary

    Title III of H.R. 1904 amends the Cooperative Forestry 
Assistance Act of 1978 to permit the Secretary of Agriculture, 
acting through the Forest Service (and, where appropriate, 
through the Cooperative State Research, Education, and 
Extension Service), to provide assistance to State foresters 
and State officials, or to Cooperative Extension officials at 
land grant colleges and universities and specified 
institutions, for the purpose of expanding State forest 
capacities and activities to address watershed issues on non-
Federal forested lands and potentially forested lands. Directs 
the Secretary to: (1) develop, with relevant parties, a program 
of technical assistance to protect water quality; and (2) 
establish a watershed forestry cost-share program. Authorizes 
appropriations.
    The bill also requires the Secretary of Agriculture, acting 
through the Chief of the Forest Service, to provide assistance 
to Indian tribes for the purpose of expanding tribal 
stewardship capacities through tribal forestry best management 
practices to improve watershed health. Authorizes 
appropriations.

Legislative History

    H.R. 1904 was introduced by Mr. McInnis on May 1, 2003, and 
referred to the Committee on Agriculture, and in addition to 
the Committee on Resources, for a period to be subsequently 
determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the 
committee concerned. On May 9, 2003, the bill was referred 
sequentially to the Committee on the Judiciary for a period 
ending not later than May 16, 2003 for consideration of such 
provisions of the bill as fall within the jurisdiction of that 
committee pursuant to clause 1(k), rule X.
    On May 20, 2003, the Committee on Energy and Commerce and 
the Committee on Agriculture exchanged correspondence.
    H.R. 1904 was considered in the House pursuant to H. Res. 
239, and on May 20, 2003, the House passed the bill, as 
amended, by a vote of 256 yeas and 170 nays.
    H.R. 1904 was received in the Senate on May 21, 2003, read 
twice, and referred to the Committee on Agriculture, Nutrition, 
and Forestry.
    On July 31, 2003, H.R. 1904 passed the Senate, with an 
amendment and an amendment to the title, by a vote of 80 yeas 
and 14 nays.
    On November 6, 2003, the House disagreed to the Senate 
amendments and requested a conference and appointed conferees.
    On November 20, 2003, the Senate insisted on its amendment 
to H.R. 1904, agreed to a conference with the House, and 
appointed conferees.
    On November 20, 2003, the conference report was filed (H. 
Rpt. 108-386). The House considered and agreed to the 
conference report, pursuant to H. Res. 457, on November 21, 
2003, by a vote of 286 yeas and 140 nays. The Senate agreed to 
the conference report by unanimous consent on November 21, 
2003.
    The bill was presented to the President on December 2, 
2003, and on December 3, 2003, the bill was signed by the 
President (Public Law 108-148).

 TO AMEND THE SAFE DRINKING WATER ACT TO REAUTHORIZE THE NEW YORK CITY 
                      WATERSHED PROTECTION PROGRAM

                Public Law 108-328 (H.R. 2771, S. 1425)

    To amend the Safe Drinking Water Act to reauthorize the New 
York City Watershed Protection Program.

Summary

    H.R. 2771 reauthorizes the New York City Watershed 
Protection Program. It strikes ``1997 through 2003'' in section 
1443(d)(4) of the Safe Drinking Water Act and replaces it with 
``2003 through 2010''.

Legislative History

    H.R. 2771 was introduced by Mr. Fossella on July 17, 2003, 
and referred to the Committee on Energy and Commerce.
    On April 2, 2004, the Subcommittee on Environment and 
Hazardous Materials held a hearing on H.R. 2771. The 
Subcommittee received testimony from two Members of Congress, 
and a representative from Region II of the U.S. Environmental 
Protection Agency, the New York Department of Environmental 
Conservation, the Catskill Watershed Corporation, and the 
Natural Resources Defense Council.
    On April 2, 2004, the Subcommittee on Environment and 
Hazardous Materials met in open markup session and approved 
H.R. 2771 for Full Committee consideration by a record vote of 
19 yeas and 7 nays, a quorum being present. On April 22, 2004, 
the Full Committee met in open markup session and ordered H.R. 
2771 reported to the House by arecord vote of 40 yeas and 0 
nays, a quorum being present. On April 28, 2004, the Committee on 
Energy and Commerce reported H.R. 2771 to the House (H. Rpt. 108-476).
    On May 5, 2004, H.R. 2771 was considered in the House under 
suspension of the rules. The bill passed the House by voice 
vote.
    H.R. 2771 was received in the Senate on May 6, 2004, read 
the first time and placed on the Senate Legislative Calendar 
under Read the First Time. On May 7, 2004, the bill was read 
the second time and placed on the Senate Legislative Calendar 
under General Orders.
    On September 30, 2004, H.R. 2771 passed the Senate without 
amendment by unanimous consent.
    H.R. 2771 was presented to the President on October 5, 
2004, and on October 16, 2004, was signed by the President 
(Public Law 108-328).

            DEPARTMENT OF DEFENSE FY 2005 AUTHORIZATION BILL

                Public Law 108-375 (H.R. 4200, S. 2400)


                       (Environmental Provisions)

    To authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year 
for the Armed Forces, and for other purposes.

Summary

    The conference report to accompany H.R. 4200 authorizes the 
Secretary to transfer specified Department of Defense (DOD) 
Operation and Maintenance funds to a named account as 
reimbursement to the Environmental Protection Agency for 
certain environmental cleanup costs in connection with the 
Moses Lake Wellfield Superfund Site, Washington.
    The conference report to accompany H.R. 4200 also deems the 
Defense Inspector General in compliance with certain 
requirements under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 if the Inspector 
General conducts periodic audits of payments, obligations, 
reimbursements, and other uses from the Hazardous Substance 
Superfund.
    The conference report, in addition, requires the 
Comptroller General to: (1) study drinking water contamination 
and related health effects at Camp Lejeune, North Carolina; (2) 
ensure study participation by other interested (affected) 
parties; and, (3) report study results and recommendations to 
the defense and appropriations committees.
    The conference report to accompany H.R. 4200 also directs 
the Comptroller General to study, and report to Congress on, 
whether cost-effective technologies are available for the 
cleanup of groundwater contamination at DOD installations in 
lieu of traditional methods such as pump-and-treat.
    Finally, the conference report to accompany H.R. 4200 
includes a Sense of the Congress that DOD should: (1) work to 
develop a national plan to remediate perchlorate contamination 
of the environment resulting from DOD activities; (2) continue 
any current remediation; (3) develop a remediation plan with 
respect to contamination at levels that pose a hazard to human 
health; and, (4) continue the process of evaluating and 
prioritizing contamination sites without waiting for the 
development of a Federal drinking water standard.

Legislative History

    On April 22, 2004, Mr. Hunter introduced H.R. 4200 by 
request, and the bill was referred to the House Committee on 
Armed Services.
    There was an exchange of correspondence between the 
Committee on Energy and Commerce and the Committee on Armed 
Services on May 14, 2004.
    On May 14, 2004, the Committee on Armed Service reported 
H.R. 2400 to the House, amended (H. Rpt. 108-491).
    H.R. 4200 was considered in the House on May 19 and 20, 
2004, under the provisions of H. Res. 648. The bill passed the 
House by vote of 391 yeas and 34 nays.
    On June 23, 2004, the bill passed the Senate with an 
amendment by unanimous consent. The Senate insisted on its 
amendment, asked for a conference, and appointed conferees.
    The House disagreed to the Senate amendment on September 
28, 2004, agreed to a conference agreed and appointed 
conferees. The Speaker appointed conferees from the Committee 
on Energy and Commerce for consideration of secs. 596, 601, 
3111, 3131, 3133 and 3201 of the House bill, and secs. 321-323, 
716, 720, 1084-1089, 1091, 2833, 3116, 3119, 3141, 3142, 3145, 
3201, and 3503 of the Senate amendment, and modifications 
committed to conference, Messrs. Barton, Upton, and Dingell.
    A conference was held on September 29, 2004, and on October 
8, 2004 the conference report was filed (H. Rpt. 108-767).
    On October 8, 2004, H. Res. 843, providing for the 
consideration of the conference report to accompany H.R. 4200, 
passed the House by voice vote. Then, on October 9, 2004, the 
conference report was considered in the House under the 
provisions of H. Res. 843. The conference report passed the 
House by a vote of 359 yeas and 14 nays.
    Senate agreed to conference report by unanimous consent on 
October 9, 2004.
    On October 21, 2004, the bill was presented to President, 
and was signed by the President on October 28, 2004 (Public Law 
108-375).

          SOLID WASTE INTERNATIONAL TRANSPORTATION ACT OF 2003

                               (H.R. 382)

    To authorize States to prohibit or impose certain 
limitations on the receipt of foreign municipal solid waste, 
and for other purposes.

Summary

    H.R. 382 amends the Solid Waste Disposal Act to authorize 
states to enact laws prohibiting or limiting the receipt and 
disposal of municipal solid waste generated outside the United 
States.

Legislative History

    H.R. 382 was introduced by Mr. Rogers on January 27, 2003, 
and referred to the Committee on Energy and Commerce.
    On July 23, 2003, the Subcommittee on Environment and 
Hazardous Materials held a hearing on H.R. 382. The 
Subcommittee received testimony from a Member of Congress, a 
Senator, and representatives of the Environmental Protection 
Agency, the Michigan State Senate, the New York City Council, 
the Michigan Department of Environmental Quality, the New York 
City Department of Sanitation, the Pennsylvania Department of 
Environmental Protection, the University of Michigan Law 
School, the Lee County Council in South Carolina, the Ecology 
Center, the Yale Center for Environmental Law and Policy, a 
former Assistant U.S. Trade Representative, and a Michigan 
State Trooper/registered nurse.
    While no further action was taken on H.R. 382 in the 108th 
Congress, provisions of the bill were reported by the 
Subcommittee on September 23, 2003, as part of H.R. 4940.

 TO DIRECT THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO 
CARRY OUT CERTAIN AUTHORITIES UNDER AN AGREEMENT WITH CANADA RESPECTING 
    THE IMPORTATION OF MUNICIPAL SOLID WASTE, AND FOR OTHER PURPOSES

                               (H.R. 411)

    To direct the Administrator of the Environmental Protection 
Agency to carry out certain authorities under an agreement with 
Canada respecting the importation of municipal solid waste, and 
for other purposes.

Summary

    H.R. 411 amends the Solid Waste Disposal Act to prohibit 
any person from importing, transporting, or exporting municipal 
solid waste (MSW), for final disposal or incineration, in 
violation of the Agreement Between the Government of the United 
States of America and the Government of Canada Concerning the 
Transboundary Movement of Hazardous Waste.
    The bill also directs the Administrator of the 
Environmental Protection Agency to perform the functions of the 
Designated Authority of the United States with respect to the 
importation and exportation of MSW under the Agreement and to 
implement and enforce the Agreement.
    In addition, H.R. 411 sets forth factors for consideration 
in the Administrator's determinations of whether to consent to 
importation, and provides procedures for issuance of compliance 
orders, assessment of civil penalties, and conduct of public 
hearings.

Legislative History

    H.R. 411 was introduced by Mr. Dingell on January 28, 2003, 
and referred to the Committee on Energy and Commerce.
    On July 23, 2003, the Subcommittee on Environment and 
Hazardous Materials held a hearing on H.R. 411. The 
Subcommittee received testimony from a Member of Congress, a 
Senator, and representatives of the Environmental Protection 
Agency, the Michigan State Senate, the New York City Council, 
the Michigan Department of Environmental Quality, the New York 
City Department of Sanitation, the Pennsylvania Department of 
Environmental Protection, the University of Michigan Law 
School, the Lee County Council in South Carolina, the Ecology 
Center, the Yale Center for Environmental Law and Policy, a 
former Assistant U.S. Trade Representative, and a Michigan 
State Trooper/registered nurse.
    While no further action was taken on H.R. 411 in the 108th 
Congress, provisions of the bill were reported by the 
Subcommittee on September 23, 2003, as part of H.R. 4940.

           SOLID WASTE INTERSTATE TRANSPORTATION ACT OF 2003

                              (H.R. 1730)

    To impose certain limitations on the receipt of out-of-
State municipal solid waste, and for other purposes.

Summary

    H.R. 1730 allows a local government to automatically apply 
a ban on out-of-state waste from coming into its community--
otherwise known as a presumptive ban--unless (1) the waste 
facility already has an existing agreement to accept the waste 
for disposal--a host community agreement, or (2) the state has 
issued an existing permit or contract to accept out-of-state 
waste. If the community had not signed a host community 
agreement at the time the bill becomes law, they can still 
avoid the presumptive ban by entering into a new host community 
agreement and providing information on the waste capacity of 
the landfill, how much out-of-state waste is anticipated to be 
disposed in the landfill, and the environmental controls in 
place at the land disposal facility.
    H.R. 1730 also allows states and local governments to 
limit, or freeze, the amount of waste received at each landfill 
or incinerator to levels that may not exceed the amounts from 
calendar year 1993 or subsequent years where a state required 
records of waste imports to bekept or records of waste imports 
were kept. Waste imports that are specifically authorized by a state 
permit or existing host community agreement are exempt from the freeze 
limitation. In addition, a state that has a comprehensive statewide 
recycling program may freeze levels of imported waste to the amounts 
received in 1995. Again, the host community agreement or an existing 
state permit overrule this limitation.
    Additionally, H.R. 1730 allows states' discretion in 
issuing permits to cap, at not less than 20 percent, the amount 
of out-of-state prospective municipal solid waste received. 
States can also deny permits for new construction or major 
modification to landfills or incinerators if a comprehensive 
municipal solid waste plan exists and there is no regional need 
for the facilities.
    H.R. 1730 also permits the state to charge a fee not to 
exceed $2 per ton on out-of-state waste for the recovery of 
processing and disposing costs.
    Finally, H.R. 1730 requires the General Accounting Office 
to report to Congress each year for the next 3 years on 
incidences of unauthorized shipments of medical, hazardous, or 
radioactive wastes that inspectors or disposal facility 
operators have found.

Legislative History

    H.R. 1730 was introduced by Mr. Greenwood on April 10, 
2003, and referred to the Committee on Energy and Commerce.
    On July 23, 2003, the Subcommittee on Environment and 
Hazardous Materials held a hearing on H.R. 1730. The 
Subcommittee received testimony from a Member of Congress, a 
Senator, and representatives of the Environmental Protection 
Agency, the Michigan State Senate, the New York City Council, 
the Michigan Department of Environmental Quality, the New York 
City Department of Sanitation, the Pennsylvania Department of 
Environmental Protection, the University of Michigan Law 
School, the Lee County Council in South Carolina, the Ecology 
Center, the Yale Center for Environmental Law and Policy, a 
former Assistant U.S. Trade Representative, and a Michigan 
State Trooper/registered nurse.
    While no further action was taken on H.R. 1730 in the 108th 
Congress, provisions of the bill were reported by the 
Subcommittee on September 23, 2003, as part of H.R. 4940.

             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

                          (H.R. 3550, S. 1072)

    To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes.

Summary

    Title VIII of H.R. 3550 amends the Solid Waste Disposal Act 
to direct the Administrator of the Environmental Protection 
Agency (EPA) and each agency head to implement fully all 
procurement requirements and incentives, including Federal 
procurement guidelines, that provide for the use of cement and 
concrete incorporating recovered mineral component in cement or 
concrete projects.
    H.R. 3550 also requires each agency head to give priority 
to achieving greater use of recovered mineral component in 
cement or concrete projects for which recovered mineral 
components historically have not been used or have been used 
only minimally.
    In addition, the bill instructs the Administrator of the 
EPA, in cooperation with the Secretary of Transportation and 
the Secretary of Energy, to study and report to Congress on the 
extent to which current procurement requirements may realize 
energy savings and environmental benefits attainable with 
substitution of recovered mineral component in cement used in 
cement or concrete projects, and it also instructs the 
Administrator of the EPA to establish criteria (including an 
evaluation of whether to establish a numerical standard for 
concentration of lead and other hazardous substances) for the 
safe and environmentally protective use of granular mine 
tailings from the Tar Creek, Oklahoma Mining District, known as 
``chat,'' for: (1) cement or concrete projects; and, (2) 
transportation construction projects (including transportation 
construction projects involving the use of asphalt) that are 
carried out, in whole or in part, using Federal funds.

Legislative History

    H.R. 3550 was introduced by Mr. Young (AK) on November 20, 
2003, and referred to the Committee on Transportation and 
Infrastructure.
    On March 24, 2004, the Committee on Transportation and 
Infrastructure met in open markup session and ordered H.R. 3550 
to be reported, amended, by voice vote. On March 29, 2004, the 
Committee on Transportation and Infrastructure reported H.R. 
3550 to the House (H. Rpt. 108-452, Part I).
    On March 29, 2004, H.R. 3550 was referred jointly and 
sequentially to the Committees on Education and the Workforce, 
Energy and Commerce, the Judiciary, Resources, and Science for 
a period ending not later than March 29, 2004 for consideration 
of such provisions of the bill and amendment as fall within the 
jurisdiction of that committee pursuant to clause 1, rule X.
    On March 29, 2004, the Committees on Education and the 
Workforce, Energy and Commerce, the Judiciary, Resources, and 
Science were discharged from further consideration of the bill.
    On April 1, 2004, H.R. 3550 was considered in the House 
pursuant to H. Res. 593. The bill passed the House, as amended, 
by vote of 357 yeas and 65 nays on April 2, 2004.
    On April 8, 2004, H.R. 3550 was received in the Senate. The 
bill was read twice, and placed on the Senate Legislative 
Calendar under General Orders on April 22, 2004.
    On May 19, 2004, the Senate struck all after the enacting 
clause of H.R. 3550, inserted in lieu thereof the provisions of 
S. 1072, and passed the bill, as amended, by unanimous consent.
    The Senate insisted on its amendment and requested a 
conference with the House on May 19, 2004 and on May 20, 2004, 
appointed conferees.
    The House disagreed to the Senate amendment, agreed to the 
Senate's request to go to conference on June 3, 2004, and 
appointed conferees. The Speaker appointed conferees from the 
Committee on Energy and Commerce for consideration of 
provisions in the House bill and Senate amendment relating to 
Clean Air Act provisions of transportation planning contained 
in sec. 6001 of the House bill, and secs. 3005 and 3006 of the 
Senate amendment; and secs. 1202, 1824, 1828, and 5203 of the 
House bill, and secs. 1501, 1511, 1522, 1610-1619, 3016, 3023, 
4108, 4151, 4152, 4155-4159, 4162, 4172, 4173, 4424, 4481, 
4482, 4484, 4662, 8001, and 8002 of the Senate amendment, and 
modifications committed to conference, Messrs. Barton, 
Pickering, and Dingell.
    The Conference Committee met on June 9, June 23, and July 
7, July 20, and July 22, 2004.
    No further action was taken on H.R. 3550 in the 108th 
Congress.

            MUNICIPAL SOLID WASTE RESPONSIBILITY ACT OF 2004

                              (H.R. 4940)

    To amend the Solid Waste Disposal Act to authorize local 
governments and Governors to restrict receipt of out-of-State 
and foreign municipal solid waste, to direct the Administrator 
of the Environmental Protection Agency to carry out certain 
authorities under an agreement with Canada respecting the 
importation of municipal solid waste, and for other purposes.

Summary

    The bill amends the Solid Waste Disposal Act to prohibit a 
landfill or incinerator (facility) from receiving out-of-State 
municipal solid waste unless the owner or operator of the 
facility obtains explicit authorization from the affected local 
government.

Legislative History

    H.R. 4940 was introduced by Mr. Gillmor on July 22, 2004, 
and referred to the Committee on Energy and Commerce, and 
contained the contents of H.R. 382, H.R. 411, and H.R. 1730.
    On September 23, 2004, the Subcommittee on Environment and 
Hazardous Materials met in open markup session and ordered H.R. 
4940 to be reported, as amended, by a roll call vote of 12 yeas 
and 4 nays, a quorum being present.
    No further action was taken on H.R. 4940 in the 108th 
Congress.

                          Oversight Activities


   EFFECTIVENESS OF LEAKING UNDERGROUND STORAGE TANK CLEANUP PROGRAMS

    On March 5, 2003, the Subcommittee on Environment and 
Hazardous Materials held a hearing on the effectiveness of 
leaking underground storage tank cleanup programs. The hearing 
examined the status of leaking underground storage tank 
programs, the challenges they face, and options available to 
address those concerns. Witnesses included representatives from 
the Environmental Protection Agency, the General Accounting 
Office and the Missouri Department of Natural Resources.

CURRENT ENVIRONMENTAL ISSUES AFFECTING THE READINESS OF THE DEPARTMENT 
                               OF DEFENSE

    On April 21, 2004, the Subcommittees on Environment and 
Hazardous Materials and Energy and Air Quality held a joint 
hearing on environmental issues affecting the readiness of the 
Department of Defense (DOD). The hearing focused on several 
legislative proposals by the DOD, which would either amend or 
affect the operation of Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), the Resource 
Conservation and Recovery Act (RCRA), the Safe Drinking Water 
Act (SDWA) and the Clean Air Act (CAA). Witnesses included 
representatives from the Department of Defense, the 
Environmental Protection Agency, state regulators, and 
environmental advocates.

                 EPA'S RESOURCE CONSERVATION CHALLENGE

    On May 20, 2004, the Subcommittee on Environment and 
Hazardous Materials held a hearing on the Environmental 
Protection Agency's (EPA) Resource Conservation Challenge 
(RCC), in the Office of Solid Waste and Emergency Response. The 
RCC is a national effort to find flexible ways to conserve 
resources through waste reduction and energy recovery. A 
representative from EPA testified.

     POPS, PIC, AND LRTAP: THE ROLE OF THE UNITED STATES AND DRAFT 
        LEGISLATION TO IMPLEMENT THESE INTERNATIONAL CONVENTIONS

    On July 13, 2004, the Subcommittee on Environment and 
Hazardous Materials held a hearing entitled POPs, PIC, and 
LRTAP: the Role of the United States and Draft Legislation to 
Implement These International Conventions. The hearing focused 
on a discussion draft that contained options to bring the U.S. 
into compliance with international agreements. Witnesses 
included representatives from the Department of State, the 
Environmental Protection Agency, industry, environmental 
advocacy, public health advocacy, Georgetown University Law 
Center, and Johns Hopkins University.

  LEAD IN THE DISTRICT OF COLUMBIA AND THE PROVIDING OF SAFE DRINKING 
                                 WATER

    On July 22, 2004, the Subcommittee on Environment and 
Hazardous Materials held a hearing on the discovery of elevated 
amounts of lead in drinking water in the District of Columbia, 
and drinking water infrastructure needs related to the 
providing of safe drinking water. Witnesses included 
representatives from the Environmental Protection Agency, 
District of Columbia, the Government Accountability Office, 
environmental advocates, stakeholders, and industry 
representatives.

 CONTROLLING BIOTERROR: ASSESSING OUR NATION'S DRINKING WATER SECURITY

    On September 30, 2004, the Subcommittee on Environment and 
Hazardous Materials held a hearing entitled Controlling 
Bioterror: Assessing Our Nation's Drinking Water Security. The 
hearing focused on oversight of the Bioterrorism Act, and 
options available to manage the vulnerability of the nation's 
water supply and water quality systems to terrorist attack. A 
representative from the Environmental Protection Agency and the 
Government Accountability Office testified.

                             Hearings Held

    The Effectiveness of Leaking Underground Storage Tank 
Cleanup Programs.--Oversight hearing on the Effectiveness of 
Leaking Underground Storage Tank Cleanup Programs. Hearing held 
on March 5, 2003. PRINTED, Serial Number 108-16.
    Three Bills Pertaining to the Transport of Solid Waste: 
Solid Waste International Transportation Act of 2003, To direct 
the Administrator of the Environmental Protection Agency to 
carry out certain authorities under an agreement with Canada 
respecting the importation of municipal solid waste, and for 
other purposes, and Solid Waste Interstate Transportation Act 
of 2003.--Hearing on H.R. 382, the Solid Waste International 
Transportation Act of 2003; H.R. 411, To direct the 
Administrator of the Environmental Protection Agency to carry 
out certain authorities under an agreement with Canada 
respecting the importation of municipal solid waste, and for 
other purposes; and, H.R. 1730, Solid Waste Interstate 
Transportation Act of 2003. Hearing held on July 23, 2003. 
PRINTED, Serial Number 108-33.
    To amend the Safe Drinking Water Act to reauthorize the New 
York City Watershed Protection Program.--Hearing on H.R. 2771, 
to amend the Safe Drinking Water Act to reauthorize the New 
York City Watershed Protection Program. Hearing held on April 
2, 2004. PRINTED, Serial Number 108-72.
    Current Environmental Issues Affecting the Readiness of the 
Department of Defense.--Joint oversight hearing with the 
Subcommittee on Energy and Air Quality on Current Environmental 
Issues Affecting the Readiness of the Department of Defense. 
Hearing held on April 21, 2004. PRINTED, Serial Number 108-119.
    EPA's Resource Conservation Challenge.--Oversight hearing 
on EPA's Resource Conservation Challenge. Hearing held on May 
20, 2004. PRINTED, Serial Number 108-81.
    POPs, PIC, and LRTAP: The Role of the United States and 
Draft Legislation to Implement These International 
Conventions.--Oversight hearing on POPs, PIC, and LRTAP: The 
Role of the United States and Draft Legislation to Implement 
These International Conventions. Hearing held on July 13, 2004. 
PRINTED, Serial Number 108-112.
    Tapped Out? Lead in the District of Columbia and the 
Providing of Safe Drinking Water.--Oversight hearing on Tapped 
Out? Lead in the District of Columbia and the Providing of Safe 
Drinking Water. Hearing held on July 22, 2004. PRINTED, Serial 
Number 108-97.
    Controlling Bioterror: Assessing Our Nation's Drinking 
Water Security.--Oversight hearing on Controlling Bioterror: 
Assessing Our Nation's Drinking Water Security. Hearing held on 
September 30, 2004. PRINTED, Serial Number 108-123.
                         Subcommittee on Health

           (Ratio 18-15)

   MICHAEL BILIRAKIS, Florida, 
             Chairman

SHERROD BROWN, Ohio                  RALPH M. HALL, Texas
HENRY A. WAXMAN, California          FRED UPTON, Michigan
EDOLPHUS TOWNS, New York             JAMES C. GREENWOOD, Pennsylvania
FRANK PALLONE, Jr., New Jersey       NATHAN DEAL, Georgia
BART GORDON, Tennessee               RICHARD BURR, North Carolina
ANNA G. ESHOO, California            ED WHITFIELD, Kentucky
BART STUPAK, Michigan                CHARLIE NORWOOD, Georgia
ELIOT L. ENGEL, New York               Vice Chairman
GENE GREEN, Texas                    BARBARA CUBIN, Wyoming
TED STRICKLAND, Ohio                 JOHN SHIMKUS, Illinois
DIANA DeGETTE, Colorado              HEATHER WILSON, New Mexico
LOIS CAPPS, California               JOHN B. SHADEGG, Arizona
CHRISTOPHER JOHN, Louisiana          CHARLES W. ``CHIP'' PICKERING, 
BOBBY L. RUSH, Illinois              Mississippi
JOHN D. DINGELL, Michigan            STEVE BUYER, Indiana
  (ex officio)                       JOESPH R. PITTS, Pennsylvania
                                     MIKE FERGUSON, New Jersey
                                     MIKE ROGERS, Michigan
                                     JOE BARTON, Texas
                                       (ex officio)

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

                         Legislative Activities


              CONSOLIDATED APPROPRIATIONS RESOLUTION, 2003

                     Public Law 108-7 (H.J. Res. 2)


                          (Health Provisions)

    A joint resolution making consolidated appropriations for 
the fiscal year ending September 30, 2003, and for other 
purposes.

Summary

    H.J. Res. 2 contains provisions that extend through June 
30, 2003, activities under part A of title IV of the Social 
Security Act (Temporary Assistance to Needy Families). It also 
amends title XVIII of the Social Security Act (SSA) (Medicare) 
with regard to payments for physicians services. The resolution 
increases payment for large urban hospitals for inpatient 
hospital services for discharges. The resolution also continues 
activities authorized under SSA title XIX (Medicaid) for 
medical assistance and State coverage of Medicare cost-sharing 
for certain low-income Medicare beneficiaries.

Legislative History

    H.J. Res. 2 was introduced in the House by Mr. Young on 
January 7, 2003 and was referred to the House Committee on 
Appropriations.
    H.J. Res. 2 was considered in the House under the 
provisions of H. Res. 15, and passed by the House by voice vote 
on January 8, 2003.
    The bill was received in the Senate on January 9, 2003, 
read the first time and placed on Senate Legislative Calendar 
under Read the First Time.
    On January 10, 2003 H.J. Res. 2 was read the second time 
and placed on Senate Legislative Calendar under General Orders.
    H.J. Res. 2 was considered in the Senate on January 15, 16, 
17, 21, 22, and 23, 2003. The bill passed by the Senate, as 
amended, by a vote of 69 yeas and 29 nays on January 23, 2003. 
The Senate insisted on its amendment, asked for a conference, 
and appointed conferees.
    On January 29, 2003 the House disagreed to the Senate 
amendment, agreed to a conference, and the Speaker appointed 
conferees with additional conferees appointed on February 4, 
2003.
    The conference was held February 10 and 11, 2003, and on 
February 13, 2003, a conference report was filed (H. Rpt. 108-
10).
    On February 13, 2003 the House considered the conference 
report to accompany H.J. Res. 2 pursuant to the provisions of 
H. Res. 71. The House passed the conference report by a vote of 
338 yeas and 83 nays.
    On February 13, 2003, the Senate agreed to the conference 
report by a vote of 76 yeas and 20 nays.
    The joint resolution was presented to the President on 
February 19, 2003 and was signed by the President on February 
20, 2003 (Public Law 108-7).

        EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT, 2003

                 Public Law 108-11 (H.R. 1559, S. 762)


                          (Health Provisions)

    To make emergency wartime supplemental appropriations for 
the fiscal year 2003, and for other purposes.

Summary

    H.R. 1559 makes emergency wartime supplemental 
appropriation for FY2003 for a number of agencies. It also 
eliminates the authority for the $5 million of Public Health 
and Social Services Emergency Fund appropriations earmarked for 
the Agency for Healthcare Research and Quality to remain 
available until expended.

Legislative History

    On April 2, 2003, H.R. 1559 was introduced by Mr. Young 
(FL), and reported to the House by the Committee on 
Appropriations (H. Rpt. 108-55).
    On April 3, 2003, pursuant to H. Res. 172, the bill was 
considered and passed by the House, amended, by a vote of 414 
yeas and 12 nays.
    H.R. 1559 was laid before the Senate by unanimous consent 
on April 7, 2003. The Senate struck all after the enacting 
clause the bill, inserted in lieu thereof the provisions of S. 
762, as amended, and passed H.R. 1559 by unanimous consent.
    The Senate insisted on its amendment and requested a 
conference with the House on April 7, 2003, and appointed 
conferees.
    On April 8, 2003, the House disagreed to the Senate 
amendment, agreed to a conference, and appointed conferees.
    On April 12, 2003 the conference committee met, and the 
conference report (H. Rpt. 108-76) was filed.
    On April 12, 2003 the House agreed to the conference report 
by voice vote, and the Senate agreed to the conference report 
by unanimous consent.
    H.R. 1559 was presented to the President on April 15, 2003, 
and signed by the President on April 16, 2003 (Public Law 108-
11).

          SMALLPOX EMERGENCY PERSONNEL PROTECTION ACT OF 2003

                Public Law 108-20 (H.R. 1770, H.R. 1463)

    To provide benefits for certain individuals with injuries 
resulting from administration of a smallpox vaccine, and for 
other purposes.

Summary

    H.R. 1770 creates a compensation program for certain 
covered individuals who volunteer to take small pox vaccine but 
have injuries resulting from such vaccination. Covered 
individuals include health care workers, law enforcement 
officers, firefighters, security personnel, emergency medical 
personnel, and other public safety personnel, and those who 
contract the virus from those above. The legislation is a step 
toward ensuring the broad acceptance of voluntary vaccination 
by public safety personnel.

Legislative History

    Mr. Burr introduced H.R. 1770 on April 11, 2003. The bill 
was referred to the House Committee on Energy and Commerce, and 
in addition to the Committees on Education and the Workforce, 
and the Committee on the Judiciary.
    On April 11, 2003, H.R. 1770 was considered in the House by 
unanimous consent, and passed the House without objection.
    On April 11, 2003 the Senate passed H.R. 1170 by unanimous 
consent.
    H.R. 1770 was presented to the President on April 24, 2003. 
The President signed the bill on April 30, 2003 (Public Law 
108-20).

                  WELFARE REFORM EXTENSION ACT OF 2003

                     Public Law 108-40 (H.R. 2350)

    To reauthorize the Temporary Assistance for Needy Families 
block grant program through fiscal year 2003, and for other 
purposes.

Summary

    H.R. 2350 contains three provisions that fall within the 
jurisdiction of the Committee on Energy and Commerce. The bill 
amends the Social Security Act: (1) title XI to reauthorize and 
extend at the current levels and under the same conditions 
associated matching grants for the territories and child 
welfare demonstration authority; (2) title V (Maternal and 
Child Health Services) for the same with respect to continuance 
of abstinence education funding; and, (3) title XIX (Medicaid) 
for the same with respect to continuance of transitional 
medical assistance.

Legislative History

    H.R. 2350 was introduced in the House by Mr. Herger on June 
5, 2003, and referred to the Committees on Ways and Means and 
Energy and Commerce.
    On June 11, 2003, H.R. 2350 was considered in the House 
under suspension of the rules, and passed the House by a vote 
of 406 yeas and 6 nays.
    On June 27, 2003, the bill passed the Senate by unanimous 
consent.
    On June 30, 2003, H.R. 2350 was presented to and signed by 
the President (Public Law 108-40).

             AUTOMATIC DEFIBRILLATION IN ADAM'S MEMORY ACT

                      Public Law 108-41 (H.R. 389)

    To authorize state public access defibrillation grants to 
be used to establish information clearinghouses to increase 
public access to defibrillation in schools.

Summary

    The Public Health Security and Bioterrorism Response Act 
(107-188) included a provision that authorizes the Secretary of 
the Department of Health and Human Services to award grants to 
states, political subdivisions of states, Indian tribes, and 
tribal organizations to develop and implement public access 
defibrillation programs. Because many schools also serve as 
community meeting places, several communities are considering 
placing automatic external defibrillators (AEDs) in schools. In 
order to assist schools interested in installing AEDs, H.R. 389 
clarifies that the public access defibrillation program grant 
dollars authorized by P.L. 107-188 may also be used to 
establish information clearinghouses to assist in those 
efforts.

Legislative History

    H.R. 389 was introduced by Mr. Shimkus on January 27, 2003, 
and referred to the House Committee on Energy and Commerce.
    On January 29, 2003, the Full Committee met in open markup 
session and ordered H.R. 389 reported to the House by a voice 
vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 389 to 
the House on February 13, 2003 (H. Rpt. 108-13).
    On March 12, 2003, H.R. 389 was considered in the House 
under suspension of the rules and passed the House by a vote of 
415 yeas and 0 nays.
    On March 13, 2003, H.R. 389 was received in the Senate and 
referred to the Senate Committee on Health, Education, Labor, 
and Pensions.
    On June 17, 2003, H.R. 389 passed the Senate by unanimous 
consent.
    H.R. 389 was presented to the President on June 20, 2003, 
and signed by the President on July 1, 2003 (Public Law 108-
41).

      TO AMEND TITLE XXI OF THE SOCIAL SECURITY ACT TO EXTEND THE 
AVAILABILITY OF ALLOTMENTS FOR FISCAL YEARS 1998 THROUGH 2001 UNDER THE 
           STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

            Public Law 108-74 (H.R. 2854, H.R. 531, S. 312)

    To amend title XXI of the Social Security Act to extend the 
availability of allotments for fiscal years 1998 through 2001 
under the State Children's Health Insurance Program, and for 
other purposes.

Summary

    H.R. 2854 amends title XXI (State Children's Health 
Insurance Program) (SCHIP) of the Social Security Act (SSA) to 
revise the special rule for the redistribution and availability 
of unexpended FY1998 and 1999 SCHIP allotments, including to: 
(1) extend the availability of FY 1998 and 1999 reallocated 
funds through FY 2004; and (2) permit 50 percent of the total 
amount of unexpended FY 2000 and 2001 SCHIP allotments that 
remain available to a state through the end of FY 2002 and 2003 
to remain available for expenditure by the State through the 
end of FY 2004 and 2005, respectively. This became effective as 
though it had been enacted on September 30, 2002.
    The bill also grants authority to qualifying states, with 
respect to FY 1998 through 2001 SCHIP allotments, for fiscal 
years in which such allotments are available, to elect to use 
not more than 20 percent of those allotments (instead of for 
expenditures under SCHIP) for Medicaid medical assistance 
payments with respect to certain children under SSA title XIX.
    H.R. 2854 amends the Jobs and Growth Tax Relief 
Reconciliation Act of 2003 to make a technical amendment with 
respect to state eligibility for an increase in its Federal 
medical assistance percentage (FMAP) or an increase in the cap 
on Medicaid payments to territories. This became effective as 
if included in the enactment of the Jobs and Growth Tax Relief 
Reconciliation Act of 2003.

Legislative History

    H.R. 531 was introduced in the House by Mr. Tauzin on 
February 5, 2003 with 71 cosponsors and referred to the 
Committee on Energy and Committee.
    On June 19, 2003, the Committee on Energy and Commerce met 
in open markup session and ordered H.R. 531 reported to the 
House, as amended, by voice vote, a quorum being present.
    On June 26, 2003, H.R. 531 was considered in the House by 
unanimous consent, and passed without objection. The bill was 
received by the Senate and placed on the Senate legislative 
calendar under General Orders.
    No further action was taken on H.R. 531 in the 108th 
Congress.
    S. 312 was introduced by Senator Rockefeller on February 5, 
2003, with 25 cosponsors, and referred to the Committee on 
Finance. The Committee on Finance reported S. 312 (S. Rpt. 108-
78) on June 24, 2003. The bill passed the Senate by unanimous 
consent with an amendment on June 26, 2003.
    S. 312 was received by the House and held at the desk on 
June 26, 2003.
    No further action was taken on S. 312 in the 108th 
Congress.
    H.R. 2854 was introduced in the House by Mr. Tauzin on July 
24, 2003, with three cosponsors and referred to the Committee 
on Energy and Commerce. On July 25, 2003, the bill was 
discharged from the Committee, considered in the House by 
unanimous consent, and passed without objection.
    The bill passed the Senate by unanimous consent on July 31, 
2003.
    H.R. 2584 was presented to the President on August 7, 2003, 
and on August 15, 2003, was signed by the President (Public Law 
108-74).

              MOSQUITO ABATEMENT FOR SAFETY AND HEALTH ACT

                 Public Law 108-75 (H.R. 342, S. 1015)

    To authorize two temporary grant programs to assist States 
and localities in coordinating and operating mosquito control 
programs.

Summary

    S. 1015 authorizes the Secretary of the Department of 
Health and Human Services (HHS), operating through the Centers 
for Disease Control and Prevention (CDC), to make grants to 
states for the purpose of coordinating mosquito control 
programs. The Secretary must give preference to states that 
have one or more political subdivisions with an incidence or 
prevalence of mosquito-borne disease that is substantial 
relative to other states. To be eligible, a state must develop 
a plan forcoordinating mosquito control programs in the state, 
taking into account any assessments or plans that have already been 
conducted by political subdivisions in the state. In developing the 
plan, the state must consult with political subdivisions. States must 
also agree to make grants to political subdivisions to conduct 
assessments, including entomological surveys of potential mosquito 
breeding areas, and to develop mosquito control plans. The assessment 
grants may be as much as $10,000; no matching funds are required for 
participation. States must agree to monitor mosquito control programs, 
and submit a report to the Secretary. A state may not receive more than 
one coordination grant.
    The legislation also authorizes the Secretary of HHS, 
acting through the CDC, to make grants to political 
subdivisions of states for the operation of mosquito control 
programs to prevent and control mosquito-borne disease. The 
Secretary must give preference to political subdivisions that: 
(1) have an incidence or prevalence of mosquito-borne disease 
that is substantial relative to other areas; (2) demonstrate 
that they will coordinate with contiguous political 
subdivisions; and, (3) are located in states that plan to 
identify geographic areas that have a significant need for 
control, in an effort to better coordinate mosquito control 
programs. To be eligible for the grants, political subdivisions 
must conduct an assessment to determine the mosquito control 
needs of the area, including an entomological survey of 
potential mosquito breeding areas, and develop a plan, based on 
the assessment, for carrying out a mosquito control program. 
Political subdivisions must agree to submit to their respective 
state and the Secretary a report that describes the control 
program conducted, evaluating whether the program was 
effective. Political subdivisions must provide a non-federal 
contribution (directly or through donations from public or 
private entities) that is not less than $1 for every $2 of 
federal funding provided in the grant. This matching funding 
may be cash or in-kind. The maximum federal contribution may 
not exceed $100,000 per political subdivision for a fiscal 
year. The Secretary may waive the matching fund requirement if 
the Secretary determines extraordinary economic conditions 
justify the waiver. A political subdivision may not receive 
more than one mosquito control grant.
    In addition, S. 1015 authorizes the CDC to provide training 
and technical assistance in the planning, development, and 
operation of mosquito control programs, either directly or 
through awards of grants or contracts to public and private 
entities. The legislation authorizes $100 million to be 
appropriated for fiscal year 2003, and such sums as may be 
necessary for each of the fiscal years 2004 through 2007. This 
funding is in addition to applicable funding that may be 
available as authorized by the Public Health Security and 
Bioterrorism Preparedness and Response Act of 2002.
    Finally, S. 1015 directs the National Institute of 
Environmental Health Sciences to conduct or support research to 
identify or develop methods of controlling the population of 
insects and vermin that transmit diseases that have significant 
adverse health consequences for humans.

Legislative History

    H.R. 342 was introduced by Mr. John on January 27, 2003, 
and was referred to the House Committee on Energy and Commerce.
    On January 29, 2003, the Full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 342 
reported to the House by a voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 389 to 
the House on February 13, 2003 (H. Rpt. 108-12).
    H.R. 342 was considered by the House under suspension of 
the rules and was passed the House by a vote of 416 yeas and 9 
nays on March 12, 2003.
    On March 13, 2003, H.R. 342 was received in the Senate and 
referred to the Senate Committee on Health, Education, Labor, 
and Pensions.
    No further action was taken on H.R. 342 in the 108th 
Congress.
    On May 7, 2003, Senator Gregg introduced S. 1015, 
legislation that included all of the provisions in H.R. 342, 
with clarifications, which was referred to the Committee on 
Health, Education, Labor, and Pensions.
    The Committee on Health, Education, Labor, and Pensions 
reported S. 1015 on June 12, 2003 (S. Rpt. 108-69).
    S. 1015 passed the Senate by unanimous consent on June 16, 
2003.
    On June 17, 2003, S. 1015 was received in the House and 
held at the desk. S. 105 was considered in the House by 
unanimous consent on July 25, 2003, and passed the House 
without objection.
    S. 1015 was presented to the President on August 7, 2003. 
On August 15, 2003, the President signed S. 1015 (Public Law 
108-75).

   TO EXTEND THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT 
  PROGRAM, AND CERTAIN TAX AND TRADE PROGRAMS, AND FOR OTHER PURPOSES

                     Public Law 108-89 (H.R. 3146)

    To extend the Temporary Assistance for Needy Families block 
grant program, and certain tax and trade programs, and for 
other purposes.

Summary

    H.R. 3146 contains two sections that fall within the 
jurisdiction of the Committee on Energy and Commerce. Under 
title I of H.R. 3146, section 101 extends through March 31, 
2004, provisions providing for abstinence education and for 
extending the transitional medal assistance program (1925 of 
the Social Security Act title XIX) for six months for former 
TANF recipients (originally set to expire on September 30, 
2002).
    Under title IV of H.R. 3146, section 401 amends SSA title 
XIX to provide for the extension through March 31, 2004, of 
Medicare cost-sharing for certain low-income individuals.

Legislative History

    H.R. 3146 was introduced in the House by Mr. Thomas on 
September 23, 2003, and was referred to the Committees on Ways 
and Means, Energy and Commerce, and the Budget.
    On September 24, 2003, H.R. 3146 was considered in the 
House under suspension of the rules, and passed the House, as 
amended, by voice vote.
    The bill was received by the Senate on September 25, 2003, 
and passed the Senate, with an amendment, by unanimous consent 
on September 30, 2003.
    The House agreed to the Senate amendment to H.R. 3146 by 
unanimous consent on September 30, 2003.
    H.R. 3146 was presented to the President on September 30, 
2003, and was signed by the President on October 1, 2003 
(Public Law 108-89).

    TO AMEND TITLE XXI OF THE SOCIAL SECURITY ACT TO MAKE TECHNICAL 
     CORRECTIONS WITH RESPECT TO THE DEFINITION OF QUALIFYING STATE

                Public Law 108-127 (H.R. 3288, S. 1547)

    To amend title XXI of the Social Security Act to make 
technical corrections with respect to the definition of 
qualifying State.

Summary

    H.R. 3288 amends title XXI, the State Children's Health 
Insurance Program (SCHIP), of the Social Security Act (SSA) to 
make a technical amendment to the definition of qualifying 
state used for purposes of the authority to use up to 20 
percent of their FY 1998 through 2001 SCHIP allotments, for 
fiscal years in which they are available, for paying the costs 
of covering under Medicaid (SSA title XIX) certain low-income 
children whose family income meets an income eligibility 
standard under such waivers of at least 185 percent of the 
poverty line. The bill extends the meaning of qualifying state 
to include waivers first implemented, and 185 percent-of-the-
poverty-line eligibility standards operating, on several 
specified dates to allow additional States (New Mexico, 
Maryland, Hawaii, and Rhode Island) to use such portion of 
their unspent SCHIP funds for covering such children under 
Medicaid.

Legislative History

    H.R. 3288 was introduced in the House on October 14, 2003 
by Mr. Tauzin, and was referred to the House Committee on 
Energy and Commerce.
    On October 20, 2003, H.R. 3288 was considered in the House 
under suspension of the rules and passed the House by a vote of 
382 yeas and 0 nays.
    The Senate received H.R. 3288 on October 21, 2003. The bill 
passed the Senate by unanimous consent on October 31, 2003.
    H.R. 3288 was presented to the President on November 5, 
2003. The President signed the bill on November 17, 2003 
(Public Law 108-127).

                    ANIMAL DRUG USER FEE ACT OF 2003

                 Public Law 108-130 (H.R. 1260, S. 313)

    A bill to amend the Federal Food, Drug, and Cosmetic Act to 
establish a program of fees relating to animal drugs.

Summary

    S. 313 amends the Federal Food, Drug, and Cosmetic Act to 
direct the Secretary of Health and Human Services to assess and 
collect fees for a new animal drug application. It also directs 
the Secretary to assess fees for a supplemental animal drug 
application. Additionally, it assesses annual fees on animal 
drug products, establishments, and sponsors.
    S. 313 establishes a fee schedule for FY 2004 through 2008, 
including total fee revenues for animal drug products, 
establishments, and sponsors. The bill also adjusts fees to 
reflect inflation, review workload, and operating reserves of 
carryover user fees. The Secretary is required to submit annual 
reports on the performance goals and finances of the Animal 
Drug User Fee program. The bill establishes a sunset date of 
October 1, 2008, for the provisions of this Act not pertaining 
to public accountability and reports and a sunset date of 120 
days after such date for such accountability and reporting 
provisions.

Legislative History

    S. 313 was introduced by Senator Ensign on February 5, 
2003. It was read twice and referred to the Senate Committee on 
Health, Education, Labor, and Pensions.
    On February 12, 2003, the Committee on Health, Education, 
Labor, and Pensions ordered the bill to be reported with an 
amendment in the nature of a substitute. The Committee on 
Health, Education, Labor, and Pensions reported S. 313 to the 
Senate on May 21, 2003 (S. Rpt. 108-51).
    On May 23, 2003, S. 313 passed the Senate with amendments 
by unanimous consent.
    On June 3, 2003, the Senate vitiated its previous passage, 
and passed S. 313 with an amendment by unanimous consent. On 
June 4, 2003, S. 313 was received in the House and referred to 
the Committee on Energy and Commerce.
    Mr. Upton introduced H.R. 1260 in the House on March 13, 
2003. The bill was referred to the Committee on Energy and 
Commerce.
    On September 10, 2003, the Full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 1260 
reported to the House by voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 1260 to 
the House on September 30, 2003 (H. Rpt. 108-287).
    On October 1, 2003, H.R. 1260 was considered in the House 
under suspension of the rules and passed the House by voice 
vote.
    On October 2, 2003, H.R. 1260 was received in the Senate 
and Read twice and referred to the Committee on Health, 
Education, Labor, and Pensions.
    No further action was taken on H.R. 1260 in the 108th 
Congress.
    On November 4, 2003, S. 313, was considered in the House 
under suspension of the rules and passed the House, as amended, 
by voice vote.
    On November 7, 2003, the Senate passed S.313, as amended by 
the House, by unanimous consent.
    On November 12, 2003, S. 313 was presented to the President 
and was signed by the President on November 18, 2003 (Public 
Law 108-130).

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004

                Public Law 108-136 (H.R. 1588, S. 1050)


                          (Health Provisions)

    To authorize appropriations for fiscal year 2004 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year 
for the Armed Forces, and for other purposes.

Summary

    H.R. 1588 authorized the Public Health Service Corps to 
receive the same pay raise as the rest of the uniformed 
services. Title XVI includes provisions for Department of 
Defense biological countermeasures and an emergency use 
provisions. The Department of Defense countermeasures provision 
is very similar to those on the civilian side under the Project 
Bioshield Act described above. The emergency use provisions 
would have amended FDA authority. The emergency use provisions 
are similar to the ones that were included in the Project 
Bioshield legislation. They provide authority to use certain 
unapproved countermeasures in emergency circumstances.

Legislative History

    H.R. 1588 was introduced by Mr. Hunter, by request, on 
April 3, 2003, and referred to the Committee on Armed Services.
    There was an exchange of correspondence between the 
Committee on Energy and Commerce and the Committee on Armed 
Services on May 16, 2003.
    On May 16, 2003, the Committee on Armed Services reported 
H.R. 1588 to the House, as amended (H. Rpt. 108-106).
    H.R. 1588 was considered in the House pursuant to H. Res. 
245 and H. Res. 247, and on May 22, 2003, the House passed H.R. 
1588, amended, by a vote of 361 yeas and 68 nays.
    H.R. 1588 was received in the Senate on June 2, 2003. On 
June 4, 2003, the bill was laid before Senate by unanimous 
consent. The Senate struck all after the enacting clause of 
H.R. 1588, inserted in lieu thereof the provisions of S.1050, 
and passed the bill, as amended, by voice vote.
    On June 4, 2003, the Senate insisted on its amendment, 
requested a conference with the House, and appointed conferees.
    The House disagreed to the Senate amendment, agreed to the 
Senate's request to go to conference on July 16, 2003, and 
appointed conferees. The Speaker appointed conferees from the 
Committee on Energy and Commerce for consideration of secs. 
601, 3113, 3201, and 3517 of the House bill, and secs. 601, 
701, 852, 3151, and 3201 of the Senate amendment, and 
modifications committed to conference, Messrs. Tauzin, Barton, 
and Dingell.
    On July 22, 2003 the conference committee met, and the 
conference report was filed on November 7, 2003 (H. Rpt. 108-
354).
    Pursuant to H. Res. 437, on November 7, 2003, the House 
agreed to the conference report by vote of 362 yeas and 40 
nays, 2 voting present.
    On November 12, 2003, the Senate agreed to the conference 
report by a vote of 95 yeas and 3 nays.
    H.R. 1588 was presented to, and signed by the President on 
November 24, 2003 (Public Law 108-136).

  BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES PREVENTION ACT OF 2003

                 Public Law 108-154 (H.R. 398, S. 286)

    To reauthorize the National Center on Birth Defects and 
Disabilities at the Centers for Disease Control and Prevention 
(CDC) and amend the Developmental Disabilities Act with regard 
to the funding of state developmental disabilities councils.

Summary

    S. 286 reauthorizes the activities of the National Center 
on Birth Defects and Developmental Disabilities (NCBDDD) at the 
Centers for Disease Control and Prevention. Authorization of 
appropriations for the NCBDDD is permitted at a level of such 
sums as may be necessary for each of fiscal years 2003 through 
2007.
    The legislation also amends section 122(a) of the 
Developmental Disabilities Assistance and Bill of Rights Act of 
2000 to insert additional consideration in the allotment for 
appropriations to States for funding Developmental Disabilities 
Councils. When appropriating dollars to states, this section 
states that the allotment may not be less than $400,000, the 
amount received by the state for the previous year, or the 
amount of Federal appropriations received in fiscal year 2000, 
2001, or 2002, whichever is greater if the amount appropriated 
in a fiscal year is less than $70,000,000. If the amount 
appropriated in a fiscal year is morethan $70,000,000, then 
state allotments may not be less than $450,000, the amount received by 
the state for the previous fiscal years, or the amount of Federal 
appropriations received in fiscal year 2000, 2001, or 2002, whichever 
is greater.

Legislative History

    H.R. 398 was introduced by Mr. Ferguson on January 28, 
2003, and referred to the House Committee on Energy and 
Commerce.
    On January 29, 2003, the Full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 398 
reported to the House by a voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 398 to 
the House, amended, on February 13, 2003 (H. Rpt. 108-14).
    No further action was taken on H.R. 398 in the 108th 
Congress.
    S. 286 was introduced by Senator Bond on February 4, 2003, 
read twice, and referred to the Committee on Health, Education, 
Labor, and Pensions. On November 6, 2003, the Committee on 
Health, Education, Labor, and Pensions reported S. 286, with an 
amendment in the nature of a substitute (S. Rpt. 108-188).
    The Senate approved the S. 286, as amended, by unanimous 
consent on November 11, 2003.
    On November 12, 2003, S. 286 was received in the House and 
was held at the desk.
    On November 19, 2003, S. 286 was considered in the House 
under suspension of the rules, and passed the House by a vote 
of 415 yeas and 1 nay on November 20, 2003.
    S. 286 was presented to the President on November 21, 2003. 
On December 3, 2003, the President signed S. 286 (Public Law 
108-154).

                 PEDIATRIC RESEARCH EQUITY ACT OF 2003

                      Public Law 108-155 (S. 650)

    A bill to amend the Federal Food, Drug, and Cosmetic Act to 
authorize the Food and Drug Administration to require certain 
research into drugs used in pediatric patients.

Summary

    S. 650 amends the Federal Food, Drug, and Cosmetic Act 
(FFDCA) by adding a new section 505B, which provides the Food 
and Drug Administration (FDA) with authority to require that 
sponsors submit assessments regarding the use of drugs in 
pediatric patients in certain specified circumstances. With 
respect to drugs and biological products that are not yet 
approved, the legislation provides that each new drug 
application under section 505 of the FFDCA or biologics license 
application under section 351 of the Public Health Service Act 
(PHSA) for a new active ingredient, new indication, new dosage 
form, new dosing regimen, or new route of administration must 
contain data adequate to assess the safety and effectiveness of 
the drug or biological product for its claimed indications, and 
to support dosing and administration for each pediatric 
subpopulation for which the product is safe and effective.
    With respect to drugs and biological products that are 
already marketed, the legislation allows FDA in compelling 
circumstances, having made certain findings and under certain 
conditions, to require that all holders of approved 
applications for a product submit data on safety and 
effectiveness and dosing and administration, after having 
provided the holders with notice and an opportunity for written 
response and a meeting.
    S. 650 requires FDA to grant a full or partial waiver of 
the pediatric data requirement for a drug or biological product 
for certain reasons, including if the FDA finds that necessary 
studies are impossible or highly impractical; if there is 
evidence strongly suggesting that the drug or biological 
product would be ineffective or unsafe in the pediatric age 
groups; or if the drug or biological product does not represent 
a meaningful therapeutic benefit over existing therapies for 
pediatric patients, the drug or biological product is not 
likely to be used by a substantial number of pediatric 
patients, and the absence of adequate labeling would not pose 
significant risks to pediatric patients. Under the legislation, 
when the Secretary grants a full or partial waiver because 
there is evidence that the drug or biological product would be 
ineffective or unsafe in pediatric populations, the information 
must be included in the labeling for the drug or biological 
product.
    For new drugs, the Secretary may defer the submission of 
some or all of the assessments required under the amendment 
until a specified date after the approval of the drug or after 
the license for the biological product is granted if two 
requirements are met. The first is met if the Secretary finds 
that the drug is ready for approval for use in adults before 
the pediatric studies are complete, or the pediatric studies 
should be delayed until additional safety or effectiveness data 
have been collected, or there is another appropriate reason for 
deferral. The second is met if the applicant has submitted to 
the Secretary certification for the grounds for deferring, a 
description of the planned or ongoing studies, and evidence 
that the studies are being conducted or will be conducted with 
due diligence at the earliest possible time.
    The legislation provides for meetings with a drug sponsor 
during the investigational new drug process to discuss plans 
and timelines of pediatric studies or requests for waiver or 
deferral of pediatric studies.
    The legislation provides that FDA may only impose pediatric 
study requirements for already marketed drugs when the 
pediatric exclusivity incentives provisions of section 505A of 
the FFDCA and the National Institute of Health grant and 
contract programs of sections 409I and 499 of the PHSA have 
failed to yield necessary pediatric information. FDA must first 
allow an opportunity for Best Pharmaceuticals for Children Act 
mechanisms to work before invoking the new pediatric study 
requirements for marketed drugs.

Legislative History

    S. 650 was introduced by Senator DeWine on March 18, 2003. 
The bill was read twice and referred to the Committee on 
Health, Education, Labor, and Pensions.
    On March 19, 2003, the Committee on Health, Education, 
Labor, and Pensions ordered the bill to be favorably reported 
without amendment. The Committee on Health, Education, Labor, 
and Pensions reported S. 650 to the Senate, amended, on June 
27, 2003 (S. Rpt. 108-84).
    On July 23, 2003, S. 650 passed the Senate, amended, by 
unanimous consent.
    On July 24, 2003, S. 650 was received in the House and was 
referred to the Committee on Energy and Commerce.
    On November 19, 2003, S. 650 was considered in the House 
under suspension of the rules and passed by voice vote.
    S. 650 was presented to the President on November 21, 2003, 
and was signed by the President on December 3, 2003 (Public Law 
108-155).

      HEALTH CARE SAFETY NET AMENDMENTS TECHNICAL CORRECTIONS ACT

                Public Law 108-163 (H.R. 3038, S. 1775)

    To make technical and conforming changes to the Health Care 
Safety Net Amendments Act of 2002 (P.L. 107-251).

Summary

    H.R. 3038 makes several technical changes to the Health 
Care Safety Net Amendments Act of 2002 (P.L. 107-251). It 
renumbers and aligns several sections of the Public Health 
Service Act, makes grammatical corrections, including period 
and comma placement, and corrects misnamed references to 
agencies within the Department of Health and Human Services. 
The legislation makes stand-alone provisions in the Health Care 
Safety Net Amendments Act of 2002, including telemedicine 
incentive grants, part of the Public Health Service Act.
    H.R. 3038 also clarifies the original intent of the Health 
Care Safety Net Amendments Act of 2002. Section 2 replaces 
language inadvertently deleted by the Act to permit the 
Department of Health and Human Services to provide technical 
assistance either through the Department or by grant or 
contract. Further, the technical assistance activities outlined 
under the law are not intended to be an exhaustive list; for 
example, the Department of Health and Human Services could 
provide technical assistance through the planning and 
development of networks. Section 2 amends section 332 of the 
Public Health Service Act to clarify that Federally qualified 
community health centers may be designated as health 
professional shortage areas upon date of designation, not the 
date of the enactment of the law. It further clarifies section 
333A(c)(4) to make priorities in assignment of National Health 
Service Corps personnel within 30 days from such notification. 
The legislation clarifies section 338E of the Public Health 
Service Act with regard to loan repayments of National Health 
Service Corps personnel. Finally, H.R. 3038 clarifies that the 
Department of Health and Human Services is to conduct a study 
of the Department's ability to provide for guarantees of 
solvency for managed care networks or plans involving health 
centers receiving funding under section 330 of the Public 
Health Service Act.

Legislative History

    H.R. 3038 was introduced by Mr. Bilirakis on September 9, 
2003 and referred to the House Committee on Energy and 
Commerce.
    On September 10, 2003, the Full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 3038 
reported to the House by voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 3039 to 
the House on September 17, 2003 (H. Rpt. 108-275).
    On October 1, 2003, H.R. 3038 was considered in the House 
under suspension of the rules and passed the House by a voice 
vote.
    On October 2, 2003, H.R. 3038 was received in the Senate 
and referred to the Senate Committee on Health, Education, 
Labor, and Pensions.
    On November 20, 2003, H.R. 3038 passed the Senate by 
unanimous consent.
    H.R. 3038 was presented to the President on November 26, 
2003, and was signed by the President on December 6, 2003 
(Public Law 108-163).

                   MEDICARE MODERNIZATION ACT OF 2004

              Public Law 108-173 (H.R. 1, H.R. 2473, S. 1)

    To amend title XVIII of the Social Security Act to provide 
for a voluntary program for prescription drug coverage under 
the Medicare program, to modernize the Medicare program, and 
for other purposes.

Summary

    Title I of H.R. 1 creates a new Part D drug benefit within 
Medicare. Part D provides, beginning in 2006, a voluntary 
prescription drug benefit for Medicare-eligible seniors and 
individuals with disabilities. Beneficiaries would be 
guaranteed a choice of at least two plans to choose from. A 
beneficiary would pay a monthly premium to the prescription 
drug plan. The plan benefit design may vary but must be 
actuarially equivalent to a $250 deductible and coinsurance of 
25% up to an initial coverage limit of $2250. A beneficiary who 
reaches $3,600 in out of pocket spending would receive 
catastrophic protection. Beneficiaries who reach the 
catastrophic out-of-pocket spending limit of $3,600 would pay 
$2 for generics and preferred multiple source drugs, and $5 for 
all other drugs, or 5% of the price. Low-income beneficiaries 
will also receive additional subsidies and assistance.
    H.R. 1 contains provisions for an interim Medicare endorsed 
drug discount card. Starting in April 2004 and until the 
prescription drugbenefit is in place in 2006, Medicare 
beneficiaries may save up to 25% on prescriptions. Low-income 
beneficiaries receive $600 of assistance per year for 2004 and 2005.
    H.R. 1 creates a new system, beginning in 2006, under which 
private plans will bid to provide Medicare services on either a 
local or regional basis and will compete with each other on the 
basis of their bids. Plan bids will be compared to a benchmark 
payment amount. Plans that bid below the benchmark will be paid 
their bids, and 75% of the difference between the benchmark and 
the bid will be returned to beneficiaries in the form of 
additional benefits or reduced premiums. The remaining 25% will 
be savings to the government. Plans that bid above the 
benchmark will be paid the benchmark amount by the government, 
with the beneficiaries paying the Medicare premium plus the 
amount above the benchmark.
    The legislation renames the Medicare+Choice program 
``Medicare Advantage'' and stabilizes payment rates to link 
them to cost growth in the traditional fee-for-service program. 
Chronic care management programs will also be added to the 
renamed ``Medicare Advantage'' program.
    Beginning in 2007, H.R. 1 provides that all individuals 
earning below $80,000 p/yr will continue to receive the current 
75% Part B government subsidy. For individuals between $80-
$100k p/yr, the government subsidy will be 65%; for those 
between $100-$150k p/yr, the subsidy will be 50%; for those 
between $150-$200k p/yr, the subsidy will be 35%; and for those 
earning over $200k p/yr, the subsidy will be 20%. All of the 
income amounts are doubled for couples.
    H.R. 1 changed Medicare's payment system for physician 
administered drugs under Part B from average wholesale price 
(AWP) to average sales price (ASP) and addresses problems with 
underpayment of physician practice expense payments. The bill 
also provides a new competitive bidding structure for durable 
medical equipment (DME).
    H.R. 1 amends Hatch/Waxman with regards to the approval of 
generic drugs. Brand drug companies will be allowed one 30-
month stay of the approval of a generic competitor. Generics 
must forego their 180-day generic exclusivity if they do not 
bring a product to market within a specified time period. 
Additionally, the bill ensures that all agreements between 
innovators and generics related to the 180-day exclusivity must 
be reported to the Federal Trade Commission.
    The bill also adds a number of new preventive health care 
benefits to Medicare. Upon becoming eligible for Medicare, an 
initial voluntary physical will be offered to beneficiaries. 
Screening for diabetes and cardiovascular disease will also be 
covered. Mammography payments will be increased. Medicare will 
provide a disease management program to assist beneficiaries 
with chronic illnesses.
    Under H.R. 1, hospitals will receive a 16% increase to 
states' Medicaid DSH allotments in 2004. Low DSH states will 
receive a 16% annual increase for 5 years. There are also 
increased incentives for providers to serve patients in rural 
areas and communities. The bill increases payments to sole 
community hospitals, critical access hospitals, rural home 
health agencies and hospice providers.
    Physicians will see their fees increase under Medicare by 
1.5% in 2004 and 2005, instead of being reduced by the 4.5% 
amount required under prior law. H.R. 1 also increases payments 
for physicians who practice medicine in rural areas. 
Specifically, the bill establishes a floor on reimbursements 
for a component of the physician fee schedule. In addition, it 
puts into place a new physician scarcity bonus payment program.
    H.R. 1 addresses concerns regarding regulatory cost and 
delay under Medicare. It eases paperwork burdens and improves 
Medicare's responsiveness to beneficiaries and health care 
providers.
    Finally, H.R. 1 creates tax-free Health Savings Accounts 
(HSAs). Contributions and distributions from the account are 
tax-free.

Legislative History

    The Subcommittee on Health held a hearing on April 8, 2003 
entitled ``Designing a Twenty-First Century Medicare 
Prescription Drug Benefit.'' The Subcommittee received 
testimony from the Congressional Budget Office, the President's 
Council of Economic Advisors, and the Health Care Financing 
Administration, as well as consumer advocacy groups.
    The Subcommittee on Health also held a hearing on April 9, 
2003, entitled ``Strengthening and Improving Medicare.'' The 
Subcommittee received testimony from a representative from the 
Centers for Medicare and Medicaid Services, policy and industry 
specialists, and a consumer advocacy group. In addition, one 
witness testified as a Medicare beneficiary.
    On June 17, 2003, June 18, 2003, and June 19, 2003, the 
Full Committee on Energy and Commerce met in open markup 
session and ordered H.R. 2473 reported to the House, as 
amended, by a record vote of 29 yeas and 20 nays, a quorum 
being present.
    The Committee on Energy and Commerce reported H.R. 2473 to 
the House, amended, on June 25, 2003 (H. Rpt. 108-178, Part I).
    The Committee on Ways and Means reported H.R. 2473 to the 
House on July 15, 2003 (H. Rpt. 108-178, Part II).
    While no further action was taken on H.R. 2473 in the 108th 
Congress, the reported versions of H.R. 2473 by the Committee 
on Energy and Commerce and the Committee on Ways and Means were 
incorporated into H.R. 1.
    H.R. 1 was introduced in the House on June 25, 2003, and 
referred to the House Committee on Energy and Commerce, and in 
addition to the Committee on Ways and Means.
    On June 26, 2003, the House considered H.R. 1 under the 
provisions of H. Res. 299. H.R. 1 passed the House on June 27, 
2003, by a vote of 216 yeas, 215 nays, and 1 present.
    On July 7, 2003, H.R. 1 was received in the Senate.
    On July 7, 2003, H.R. 1 passed the Senate, as amended, by 
unanimous consent. The Senate insisted on its amendment, asked 
for a conference, and appointed conferees.
    On July 14, 2003, the House disagreed to the Senate 
amendment, and agreed to a conference. The Speaker appointed 
conferees.
    The conference report was filed on November 21, 2003 (H. 
Rpt. 108-391).
    On November 22, 2003, the House considered the conference 
report to accompany H.R. 1 under the provisions of H. Res. 463. 
The House passed the conference report by a vote of 220 yeas 
and 215 nays.
    On November 25, 2003, the Senate agreed to the conference 
report by a vote of 54 yeas and 44 nays.
    On December 7, 2003 the bill was presented to the 
President, and on December 8, 2003, the President signed H.R. 1 
(Public Law 108-173).

            TORTURE VICTIMS RELIEF AUTHORIZATION ACT OF 2003

                     Public Law 108-179 (H.R. 1813)

    To reauthorize the Torture Victims Relief Act of 1998.

Summary

    H.R. 1813 authorizes the President to make grants to 
treatment centers and programs in foreign countries that are 
carrying out projects or activities specifically designed to 
treat victims of torture. These rehabilitation activities 
include both physical and psychological treatment programs. The 
Act also authorizes appropriations to the United Nations 
Voluntary Fund for Victims of Torture. The bill reauthorizes 
the Torture Victims Relief Act by increasing the level of 
funding that may be provided for programs to assist victims of 
torture for an additional 3-year period.
    Specifically, H.R. 1813 authorizes the appropriation of 
$20,000,000 for fiscal year 2004, $25,000,000 for fiscal year 
2005, and $30,000,000 for fiscal year 2006 for the Department 
of Health and Human Services to manage domestic centers and 
programs for the treatment of victims of torture. It also 
authorizes the appropriation of $11,000,000 for fiscal year 
2004, $12,000,000 for fiscal year 2005, and $13,000,000 for 
fiscal year 2006 to provide assistance for centers in foreign 
countries and programs for the treatment of victims of torture 
as authorized by the Foreign Assistance Act of 1961. Finally, 
H.R. 1813 authorizes the appropriation of $6,000,000 for fiscal 
year 2004, $7,000,000 for fiscal year 2005, and $8,000,000 for 
fiscal year 2006 for the President to make a voluntary 
contribution to the United Nations Voluntary Fund for Victims 
of Torture.

Legislative History

    H.R. 1813 was introduced by Mr. Smith on April 11, 2003, 
and referred to the House Committee on International Relations, 
and in addition to the Committee on Energy and Commerce.
    On September 4, 2003, the Committee on International 
Relations reported H.R. 1813 to the House (H. Rpt. 108-261, 
Part I). The Committee on Energy and Commerce was granted an 
extension for further consideration ending not later than 
October 3, 2003.
    On September 10, 2003, the Full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 1813 
reported to the House by a voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 1813 to 
the House on September 17, 2003 (H. Rpt. 108-261, Part II).
    On November 19, 2003, H.R. 1813 was considered in the House 
under suspension of the rules and passed the House, amended, by 
a voice vote.
    On November 25, 2003, H.R. 1813 passed the Senate by 
unanimous consent.
    H.R. 1813 was presented to the President on December 3, 
2003, and was signed by the President on December 15, 2003 
(Public Law 108-179).

 POISON CONTROL CENTER AND AWARENESS ENHANCEMENT ACT AMENDMENTS OF 2003

                 Public Law 108-194 (H.R. 1819, S. 686)

    To reauthorize the activities of the Nation's poison 
control centers until 2009.

Summary

    S. 686 reauthorizes the activities of the Nation's poison 
control centers until 2009. Authorized activities include (1) 
developing standardized poison prevention and poison control 
promotion programs; (2) developing standard patient management 
guidelines for commonly encountered toxic exposures; (3) 
improving national toxic exposure surveillance; expanding the 
toxicologic expertise within poison control centers; and, (4) 
improving the capacity of poison control centers to answer high 
volumes of calls during times of national crisis. In addition, 
S. 686 maintains the national toll-free number, the nationwide 
media campaign to promote poison control center utilization, 
and allows for the implementation of a continuous 
toxicosurveillance of poison control center data.

Legislative History

    S. 686 was introduced by Senator DeWine on March 21, 2003, 
read twice, and referred to the Senate Committee on Health, 
Education, Labor, and Pensions.
    On June 11, 2003, the Committee on Health, Education, 
Labor, and Pensions reported S. 686 to the Senate, amended (S. 
Rpt. 108-68).
    S. 686 passed the Senate, amended, by unanimous consent on 
June 20, 2003.
    On June 23, 2003, S. 686 was received in the House and 
referred to the House Committee on Energy and Commerce.
    On November 19, 2003, the bill was considered in the House 
under suspension of the rules and passed the House, as amended, 
on November 20, 2003, by a vote on 420 yeas and 1 nay.
    On December 9, 2003, the Senate agreed to the House 
amendment to S. 686 by unanimous consent.
    S. 686 was presented to the President on December 11, 2003, 
and on December 19, 2003 was signed by the President (Public 
Law 108-194).

              MENTAL HEALTH PARITY REAUTHORIZATION OF 2003

                      Public Law 108-197 (S. 1929)

    To amend the Employee Retirement Income Security Act of 
1974 and the Public Health Service Act to extend the mental 
health benefits parity provisions for an additional year.

Summary

    S. 1929 amends the Employee Retirement Income Security Act 
of 1974 and the Public Health Service Act to extend the mental 
health benefits parity provisions for an additional year, 
through December 31, 2004. The original mental health parity 
provisions were part of the Health Insurance Portability and 
Accountability Act of 1996.

Legislative History

    Senator Gregg, introduced S. 1929 on November 21, 2003. The 
bill was read twice, considered, read the third time, and 
passed the Senate by unanimous consent.
    S. 1929 was considered in the House by unanimous consent, 
and passed the House without objection on December 8, 2003.
    S. 1929 was presented to the President on December 11, 
2003, and was signed by the President on December 19, 2003 
(Public Law 108-197).

                  WELFARE REFORM EXTENSION ACT OF 2004

                      Public Law 108-210 (S. 2231)

    A bill to reauthorize the Temporary Assistance for Needy 
Families block grant program through June 30, 2004, and for 
other purposes.

Summary

    S. 2231 amends title IV of the Social Security Act (SSA) to 
extend through June 30, 2004: (1) the Temporary Assistance for 
Needy Families (TANF) block grant program under part A, 
including the sexual activity abstinence education program and 
eligibility for Medicaid under SSA title XIX; (2) the National 
Random Sample Study of Child Welfare under part B (Child and 
Family Services); and, (3) demonstration projects likely to 
promote the objectives of part B or part E (Foster Care and 
Adoption Assistance). The bill makes appropriations for such 
purposes. It also authorizes grants and payments pursuant to 
such authority through the third quarter of FY 2004 at the 
level provided for such activities through the third quarter of 
FY 2002.

Legislative History

    S. 2231 was introduced in the Senate on March 25, 2004, by 
Senator Grassley, and passed the Senate without amendment by 
unanimous consent.
    The bill was received in the House and referred to the 
House Committee on Ways and Means and in addition to the 
Committee on Energy and Commerce on March 25, 2004.
    S. 2231 was considered in the House on March 30, 2004, 
under suspension of the rules, and passed the House by voice 
vote.
    S. 2231 was presented to and signed by the President on 
March 31, 2004 (Public Law 108-210).

                MEDICAL DEVICE TECHNICAL CORRECTIONS ACT

                Public Law 108-214 (H.R. 3493, S. 1881)

    A bill to amend the Federal Food, Drug, and Cosmetic Act to 
make technical corrections relating to the amendments by the 
Medical Device User Fee and Modernization Act of 2002, and for 
other purposes.

Summary

    S. 1881 makes several technical changes to the Medical 
Device User Fee and Modernization Act of 2002 (P.L. 107-250). 
It renumbers and conforms the appropriate sections of the 
Federal Food, Drug, and Cosmetic Act, making grammatical 
corrections, inserting periods, and correcting comma placement.
    Section 2 clarifies the distinction between a ``panel track 
supplement'' for which substantial clinical data is required to 
demonstrate a reasonable assurance of safety and effectiveness 
and a ``180-day supplement'' for which such data is not 
required. Next, section 2 clarifies that premarket reports are 
within the definition of ``process for the review of device 
applications.'' Further, section 2 clarifies the term 
``affiliate'' to include international as well as domestic 
affiliates in the user fee program.
    Section 2 also makes technical changes clarifying that the 
third party inspection program applies to 510(h) inspections of 
establishments and inspections of foreign facilities required 
to register with the Food and Drug Administration (FDA). 
Section 2 ensures that facilities can work with third party 
inspectors to allow them to complete a full 510(h) inspection 
over the course of a two year period. Section 2 clarifies the 
law and allows entities to certify that a foreign country 
recognizes the third party conducting the inspection, instead 
of requiring a statement that such a country recognizes FDA's 
inspectional authority. Section 2 also ensures that companies 
can use third party inspectors for two consecutive 510(h) 
inspections before requesting special permission from the 
Secretary for the third such inspection. Finally, section 2 
makesimportant modifications to section 301 by providing an 18-
month implementation delay for all branding requirements and clarifies 
the definition of modular review to be consistent with the FDA's 
modular review program.
    Section 3 of the Act requests that the FDA complete a 
report on the barriers to the availability of devices intended 
for pediatric patients, and provide policy recommendations as 
to what could be changed in existing law to address this issue.

Legislative History

    On November 17, 2003, Mr. Greenwood introduced H.R. 3493, 
the Medical Device Correctional Amendments Act, which was 
referred to the House Committee on Energy and Commerce.
    On January 27, 2004, the House considered H.R. 3493 under 
suspension of the rules and passed the House by a vote of 333 
yeas and 0 nays.
    H.R. 3493 was received in the Senate on January 28, 2004, 
read twice, and referred to the Committee on Health, Education, 
Labor, and Pensions.
    No further action was taken on H.R. 3493 in the 108th 
Congress.
    On November 18, 2003, S. 1881 was introduced by Senator 
Alexander. It was read twice and referred to the Committee on 
Health, Education, Labor, and Pensions.
    On November 21, 2003, the Committee on Health, Education, 
Labor, and Pensions ordered S. 1881 reported with an amendment 
in the nature of a substitute.
    On November 25, 2003, S. 1881 passed the Senate with an 
amendment by unanimous consent.
    On December 8, 2003, S. 1881 was received in the House, and 
referred to the Committee on Energy and Commerce.
    The Full Committee on Energy and Commerce met in open 
markup on March 3, 2004, and ordered S. 1881 reported to the 
House, as amended, by voice vote, a quorum being present.
    S. 1881 was reported to the House, amended, by the 
Committee on Energy and Commerce on March 9, 2004 (H. Rpt. 108-
433).
    On March 9, 2004, S. 1881 was considered in the House under 
suspension of the rules. On March 10, 2004, a motion to suspend 
the rules and pass the bill, as amended, was agreed to by a 
vote of 396 yeas and 0 nays.
    On March 12, 2004, the Senate agreed to the House amendment 
to S. 1881 by unanimous consent.
    S. 1881 was presented to the President on March 22, 2004, 
and was signed by the President on April 1, 2004 (Public Law 
108-214).

              ORGAN DONATION AND RECOVERY IMPROVEMENT ACT

            Public Law 108-216 (H.R. 3926, H.R. 399, S. 573)

    To authorize new programs to encourage organ donation and 
conduct studies and demonstration projects to encourage organ 
donation education efforts across the country.

Summary

    H.R. 3926 strikes section 377 of the Public Health Service 
Act and replaces it with new language. Specifically, the 
legislation authorizes the Secretary of Health and Human 
Services to award grants to states, transplant centers, organ 
procurement organizations, or other public and private entities 
to reimburse individuals for travel and subsistence expenses 
incurred when making a living organ donation.
    H.R. 3926 also directs the Secretary of Health and Human 
Services to establish a public education program to increase 
awareness about the need to provide for an adequate rate of 
organ donation, including by providing grants to states to 
conduct public education programs.
    The Secretary of Health and Human Services may award grants 
to organ procurement organizations and hospitals to create 
organ donation coordinator positions to help coordinate the 
organ donation activities of hospitals and organ procurement 
organizations.
    The Act also includes a number of reports and studies.

Legislative History

    H.R. 399 was introduced by Mr. Bilirakis on January 28, 
2003, and was referred to the House Committee on Energy and 
Commerce.
    On January 29, 2003, the Full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 399 
reported to the House by a voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 399 to 
the House on February 13, 2003 (H. Rpt. 108-15).
    On March 12, 2003, the bill was considered in the House 
under suspension of the rules and passed the House by a vote of 
425 yeas and 3 nays.
    On March 13, 2003, H.R. 399 was received in the Senate and 
was referred to the Committee on Health, Education, Labor, and 
Pensions.
    No further action was taken on H.R. 399 in the 108th 
Congress.
    On March 6, 2003, Senator Frist introduced S. 573, which 
was referred to the Committee on Health, Education, Labor, and 
Pensions.
    On November 24, 2003, the Committee on Health, Education, 
Labor, and Pensions reported S. 573 to the Senate, without 
written report.
    On November 25, 2003, the Senate passed S. 573 by unanimous 
consent. S. 573 was received in the House on December 8, 2003, 
and held at the desk.
    No further action was taken on S. 573 in the 108th 
Congress.
    On March 10, 2004, Mr. Bilirakis introduced H.R. 3926, 
legislation identical to S. 573, which was referred to the 
House Committee on Energy and Commerce.
    On March 23, 2004, H.R. 3926 was considered in the House 
under suspension of the rules. On March 24, 2004, the House 
passed H.R. 3926 by a vote of 414 yeas and 2 nays.
    On March 25, 2004, the bill was received in the Senate, 
considered, and passed by unanimous consent.
    H.R. 3926 was presented to the President on March 31, 2004, 
and was signed by the President on April 5, 2004 (Public Law 
108-216).

                   THE PROJECT BIOSHIELD ACT OF 2004

                 Public Law 108-276 (H.R. 2122, S. 15)

    To amend the Public Health Service Act to provide 
protections and countermeasures against chemical, radiological, 
or nuclear agents that may be used in a terrorist attack 
against the United States by giving the National Institutes of 
Health contracting flexibility, infrastructure improvements, 
and expediting the scientific peer review process, and 
streamlining the Food and Drug Administration approval process 
of countermeasures.

Summary

    S. 15 amends the Public Health Service Act to authorize the 
Secretary of Health and Human Services (HHS) to conduct 
research and development with respect to biomedical 
countermeasure products for qualified countermeasures. The bill 
provides expedited authority for governmental procurements used 
to perform, administer or support such research and 
development, and increases the simplified acquisition 
thresholds. Further, this section provides that the Secretary 
may use noncompetitive procedures for procurements when there 
are only a limited number of responsible sources.
    S. 15 transfers all management, maintenance and funding of 
the National Strategic Stockpile of countermeasures for 
terrorist attacks and other public health emergencies fully to 
the Department of Health and Human Services.
    The bill also amends section 121 of the Public Health 
Security and Bioterrorism Preparedness and Response Act by 
providing for the procurement of biomedical countermeasures 
that affect national security through a special reserve fund 
established under this Act. The legislation requires the 
Secretary of the Department of Homeland Security (DHS) to 
assess threats that may be posed by chemical, biological, 
radiological, and nuclear agents, and requires the Secretary of 
HHS to assess the public health consequences of such agents and 
the availability and appropriateness of countermeasures for the 
threats identified. After doing these steps, the Secretaries 
jointly determine and recommend to the President that 
procurement of such a countermeasure for the Nation's stockpile 
is appropriate from the special reserve fund established under 
the Act. Congress has already provided the advance 
appropriation of $5.6 billion over the next 10 years for this 
purpose, consistent with the authorization in S.15 and the 
House budget resolution.
    S. 15 also waives the premarket approval, clearance and 
licensure provisions of the Federal Food Drug and Cosmetic Act 
and allows the Secretary of HHS to authorize the emergency use 
of an unapproved product during times of military, national, 
and public health emergencies. The emergency uses authorized in 
this bill apply to both products that have never been approved 
in any fashion, and new uses of already-approved products, and 
the authority only exists in times of declared emergencies. A 
declaration of an emergency can only last for a maximum of one 
year, unless the Secretary renews the authorization.
    For products that have never been approved, if the 
Secretary authorizes the use of such a product, the Secretary 
shall place conditions on such authorization for public health 
and safety. For products which have been approved for other 
purposes and for which the Secretary is authorizing a new 
emergency use, manufacturers which wish to avail themselves of 
such emergency use authorization may be subjected to the 
mandatory conditions listed in the paragraph above.

Legislative History

    On May 15, 2003, the Full Committee on Energy and Commerce 
met in open markup session to consider a Committee Print, the 
Project Bioshield Act of 2003, which was reported to the House, 
amended, by a voice vote, a quorum being present. A request to 
allow a report to be filed on a bill to be introduced, and that 
the action of the Committee be deemed as action on that bill, 
was agreed to by unanimous consent.
    On May 15, 2003, Mr. Tauzin introduced H.R. 2122, which was 
referred to the House Committee on Energy and Commerce, and in 
addition to the Committee on Government Reform, and the Select 
Committee on Homeland Security.
    The Committee on Energy and Commerce reported H.R. 2122 to 
the House, amended, on June 10, 2003 (H. Rpt. 108-147, Part I).
    On June 10, 2003, the Committee on Government Reform and 
the Select Committee on Homeland Security were granted an 
extension for further consideration ending not later than June 
13, 2003.
    On June 10, 2003, H.R. 2122 was referred sequentially to 
the House Committee on Armed Services for a period ending not 
later than June 11, 2003.
    The Committee on Government Reform reported H.R. 2122 to 
the House, amended, on June 12, 2003 (H. Rpt. 108-147, Part 
II).
    On June 13, 2003, the Select Committee on Homeland Security 
was granted an extension for further consideration ending not 
later than June 27, 2003.
    On June 27, 2003, the Select Committee on Homeland Security 
was granted an extension for further consideration ending not 
later than July 8, 2003.
    The Select Committee on Homeland Security reported H.R. 
2122 to the House, amended, on July 8, 2003 (H. Rpt. 108-147, 
Part III).
    On July 16, 2003, H.R. 2122 was considered in the House 
pursuant to a previous order of the House. The House passed 
H.R. 2122, amended, by a vote of 421 yeas and 2 nays.
    On July 17, 2003, the bill was received in the Senate, read 
twice, and placed on Senate Legislative Calendar under General 
Orders.
    No further action was taken on H.R. 2122 in the 108th 
Congress.
    On March 11, 2003, Senator Gregg introduced S.15, which was 
read twice and referred to the Committee on Health, Education, 
Labor, and Pensions.
    On March 25, 2003, the Committee on Health, Education, 
Labor, and Pensions reported S. 15 to the Senate, amended, 
without written report.
    The Senate passed S. 15, amended, on May 19, 2004 by a vote 
of 99 yeas and 0 nays.
    On May 20, 2004, S. 15 was received in the House, and held 
at the desk.
    S. 15 was considered in the House under a previous order of 
the House on July 14, 2004, and passed the House by a vote of 
414 yeas and 2 nays.
    On July 16, 2004, S. 15 was presented to the President, and 
on July 21, 2004, the President signed the bill (Public Law 
108-276).

         MINOR USE AND MINOR SPECIES ANIMAL HEALTH ACT OF 2004

                      Public Law 108-282 (S. 741)

    A bill to amend the Federal Food, Drug, and Cosmetic Act 
with regard to new animal drugs, and for other purposes.

Summary

    Title I of S. 741 addresses the critical shortage of animal 
drugs available for minor species, which are defined as animals 
other than humans that are not major species (cattle, horses, 
swine, chickens, turkeys, dogs, and cats), and for minor uses 
for major species, which are defined as the use of a drug in a 
major species for a disease that occurs infrequently in a small 
number of animals, or in limited geographic areas in a small 
number of animals annually.
    The legislation allows the Food and Drug Administration 
(FDA) to award three years of market exclusivity, with full 
approval, for any new animal drug that requires research to be 
conducted in the targeted minor species to support such 
approval.
    It also creates a conditional approval process for new 
animal drugs intended for a minor use or for use in a minor 
species. It requires the same standards for approval as the 
full approval, except that there must only be a reasonable 
expectation that the drug is effective for use. (Full approval 
requires adequate and well-controlled studies to demonstrate by 
substantial evidence that a new animal drug is effective.) 
Sponsors must commit to conducting additional investigation to 
meet the full requirements for the demonstration of 
effectiveness within five years. The bill establishes that a 
conditional approval is renewable annually for up to four 
additional one-year terms upon submission of a request for 
renewal. It also requires labels of such drugs to bear a 
statement identifying the new animal drug as conditionally 
approved.
    The Secretary of Health and Human Services is required by 
S. 741 to establish an index of legally-marketed, unapproved 
new animal drugs for use in minor species. The bill provides 
that this index lists drugs that are not FDA-approved and that 
are either: (1) not intended for use in animals that will be 
consumed by humans or by food-producing animals; or, (2) not 
intended for use in early, non-food life stages of food-
producing minor species, unless safety for humans has been 
adequately demonstrated. Additionally it specifies labeling 
requirements for indexed drugs.
    Under S. 741, the Secretary is allowed, before submission 
of an application for drug approval, to designate new minor use 
or minor species animal drugs. It provides: (1) grants for such 
designated drugs for qualified safety and effectiveness 
testing, and for manufacturing expenses incurred in connection 
with further development of such drugs; and (2) market 
exclusivity for such drugs for seven years, with specified 
exceptions. Further, the bill requires the Secretary to 
terminate any such designation if the sponsor discontinues 
active pursuit of approval.
    The Secretary is directed to establish within the Center 
for Veterinary Medicine of FDA an Office of Minor Use and Minor 
Species Animal Drug Development to: (1) designate minor use and 
minor species animal drugs; (2) administer grants and 
contracts; (3) review minor species drug index listing 
requests; and, (4) serve as a liaison to other government 
agencies interested in minor use and minor species animal drug 
development.
    Title II of S. 741 is the Food Allergen Labeling and 
Consumer Protection Act. It lays out a number of new 
requirements for the labeling of food in order to protect 
consumers with food allergies. Specifically, food that contains 
one of the eight major food allergens (milk, eggs, fish, 
Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans) 
must list the food source from which the major food allergen is 
derived either immediately after the list of ingredients or in 
parentheses following an ingredient that contains a food 
allergen.

Legislative History

    S. 741 was introduced by Senator Sessions on March 27, 
2003. It was read twice and referred to the Committee on 
Health, Education, Labor, and Pensions.
    On November 21, 2003 the Committee on Health, Education, 
Labor, and Pensions ordered S. 741 reported to the Senate with 
an amendment in the nature of a substitute.
    Under authority of the order of the Senate of February 12, 
2004, the bill was reported by the Committee on Health, 
Education, Labor, and Pensions with an amendment in the nature 
of a substitute (S. Rpt. 108-226).
    On March 8, 2004, the Senate passed S. 741, amended by 
unanimous consent.
    On March 9, 2004, the bill was received in the House, and 
was referred to the Committee on Energy and Commerce.
    On June 15, 2004, the Subcommittee on Health met in open 
markup session and approved S. 741 for Full Committee 
consideration by a voice vote, a quorum being present.
    On June 24, 2004, the Full Committee on Energy and Commerce 
met in open markup session and ordered S. 741 reported to the 
House by a voice vote, a quorum being present.
    The Committee on Energy and Commerce reported S. 741 to the 
House on July 15, 2004 (H. Rpt. 108-608).
    S. 741 was considered in the House under suspension of the 
rules on July 20, 2004, and passed the House by voice vote.
    On July 23, 2004, S. 741 was presented to the President and 
was signed by the President on August 2, 2004 (Public Law 108-
282).

                     GARRETT LEE SMITH MEMORIAL ACT

                      Public Law 108-355 (S. 2634)

    To amend the Public Health Service Act to support the 
planning, implementation, and evaluation of organized 
activities involving statewide youth suicide early intervention 
and prevention strategies, and to authorize grants to 
institutions of higher education to reduce student mental and 
behavioral health problems.

Summary

    S. 2634, the Garrett Lee Smith Memorial Act amends the 
Public Health Service Act to revise provisions regarding 
Federal assistance for programs to reduce suicide among 
children and adolescents. Specifically, the legislation 
authorizes the Administrator of the Substance Abuse and Mental 
Health Services Administration (SAMSHA) to award grants or 
cooperative agreements to eligible entities to develop, 
implement, complement, and evaluate state-sponsored statewide 
or tribal youth suicide early intervention and prevention 
strategies in schools, educational institutions, juvenile 
justice systems, substance abuse programs, mental health 
programs, foster care systems, and other child and youth 
support organizations. The bill requires that states and 
entities receiving funding under this grant program shall 
obtain prior written, informed consent from the child's parent 
or legal guardian for assessment services, school-sponsored 
programs, and treatment involving medication related to youth 
suicide conducted in elementary and secondary schools. The 
prior requirements do not apply in the following cases: (1) in 
an emergency, where it is necessary to protect the immediate 
health and safety of the student, or of other students; or, (2) 
other instances, as defined by a state, where parental consent 
cannot reasonably be obtained. The term youth is defined as 
individuals between 10 and 24 years of age. The bill authorizes 
$7 million for fiscal year 2005, $18 million for fiscal year 
2006, $30 million for fiscal year 2007, and requires that 85 
percent of the grant funds be used to provide direct services.
    The legislation also authorizes the Secretary of the 
Department of Health and Human Services, acting through the 
Director of the Center for Mental Health Services at SAMSHA, in 
consultation with the Secretary of Education, to award matching 
grants on a competitive basis to institutions of higher 
education to enhance services of students with mental and 
behavioral health problems that can lead to school failure. The 
Secretary may only award a grant for the following purposes: 
education seminars; operation of hotlines; preparation of 
informational material; preparation of education materials for 
families of students; training programs for students and campus 
personnel to respond effectively to students with mental and 
behavioral health problems; or the creation of a networking 
infrastructure to link colleges and universities that do not 
have mental health services with health care providers who can 
treat mental and behavioral health problems. The bill 
authorizes $5 million to be appropriated for each fiscal year 
starting in fiscal year 2005 through fiscal year 2007.
    Finally, S. 2634 authorizes the Administrator of SAMSHA to 
award one competitive grant to fund an additional research, 
training, and technical assistance center to provide 
appropriate information, training, and technical assistance to 
states, political subdivisions, Indian tribes, institutions of 
higher education, public organizations, or private nonprofit 
organizations for the development or continuation of early 
intervention and prevention strategies and to study the 
effectiveness of suicide prevention programs. The bill 
authorizes $3 million for fiscal year 2005, $4 million for 
fiscal year 2006, $5 million for fiscal year 2007.

Legislative History

    S. 2634 was introduced by Senator Dodd on July 8, 2004, and 
was considered in the Senate and passed without by unanimous 
consent.
    On July 9, 2004, S. 2634 was received in the House and was 
referred to the House Committee on Energy and Commerce.
    On September 8, 2004, S. 2634 was considered in the House 
under suspension of the rules, and passed the House, as 
amended, on September 9, 2004, by a vote of 352 yeas and 64 
nays.
    The Senate agreed to the House amendment to S. 2634 by 
unanimous consent on September 9, 2004.
    On October 13, 2004, the bill was presented to the 
President, and on October 21, 2004, S. 2634 was signed by the 
President (Public Law 108-355).

               JUMPSTART OUR BUSINESS STRENGTH (JOBS) ACT

                Public Law 108-357 (H.R. 4520, S. 1637)


                          (Health Provisions)

    To amend the Internal Revenue Code of 1986 to remove 
impediments in such Code and make our manufacturing, service, 
and high-technology businesses and workers more competitive and 
productive both at home and abroad.

Summary

    H.R. 4520, as amended by the Senate, contained provisions 
providing the Food and Drug Administration (FDA) the authority 
to regulate tobacco products
    Additionally, the legislation would have created a new 
modified category of tobacco product consisting of any tobacco 
product sold or distributed for use to reduce harm or the risk 
of tobacco related disease associated with commercially 
marketed tobacco products.
    These provisions were not included in the conference report 
to accompany H.R. 4520.
    The bill did contain section 712, which amends sections 
Title XIX of the Social Security Act to include primary and 
secondary medical strategies for children and adults with 
Sickle Cell Disease as medical assistance under the Medicaid 
program and provides for federal reimbursement for education 
and other services related to the prevention and treatment of 
Sickle Cell Disease. This provision also establishes a 
demonstration program to develop systematic mechanism for the 
prevention and treatment of Sickle Cell Disease.

Legislative History

    On June 4, 2004, Mr. Thomas introduced H.R. 4520. The 
legislation was referred to the Committee on Ways and Means, 
and in addition to the Committee on Agriculture.
    The Committee on Ways and Means reported H.R. 4520 to the 
House, amended, on June 16, 2004 (H. Rpt. 108-548, Part I).
    On June 17, 2004, H.R. 4520 was considered in the House 
under the provisions of H. Res. 681, and passed the House, 
amended. by a vote 251 yeas and 178 nays.
    On June 18, 2004, H.R. 4520 was received in the Senate.
    On July 15, 2004, the Senate passed H.R. 4520, with an 
amendment, by voice vote. The Senate insisted on its amendment, 
requested a conference, and appointed conferees.
    On September 29, 2004, the House disagreed to the Senate 
amendment, agreed to a conference, and appointed conferees. The 
Speaker appointed conferees from the Committee on Energy and 
Commerce for consideration of sec. 662 and subtitle A of Title 
XI of the Senate amendment, and modifications committed to 
conference, Messrs. Barton, Burr, and Waxman.
    A conference was held on September 29, October 4, 5, 6, and 
7, 2004. On October 7, 2004 the conferees filed a conference 
report to accompany H.R. 4520 (H. Rpt. 108-755).
    On October 7, 2004, the House considered the conference 
report to accompany H.R. 4520 under the provisions of H. Res. 
830. The House passed the conference report by a vote of 280 
yeas and 141 nays.
    On October 11, 2004, the Senate agreed to the conference 
report by a vote of 69 yeas and 17 nays.
    On October 21, 2004, H.R. 4520 was presented to the 
President and was signed by the President on October 22, 2004 
(Public Law 108-357).

                  ANABOLIC STEROID CONTROL ACT OF 2004

                Public Law 108-358 (S. 2195, H.R. 3866)

    A bill to amend the Controlled Substances Act to clarify 
the definition of anabolic steroids and to provide for research 
and education activities relating to steroids and steroid 
precursors.

Summary

    S. 2195 would add several new substances to the list of 
banned substances. The Secretary of Health and Human Services 
shall award grants to public and nonprofit private entities to 
carry out education programs in elementary and secondary 
schools to highlight the harmful effects of anabolic steroids. 
In addition, the United States Sentencing Commission shall 
review the Federal sentencing guidelines with respect to 
offenses involving anabolic steroids and consider amending the 
Federal sentencing guidelines to provide for increased 
penalties with respect to offenses involving anabolic steroids.

Legislative History

    H.R. 3866 was introduced by Mr. Sensenbrenner on March 1, 
2004. The legislation was referred to the Committee on the 
Judiciary, and in addition to the Committee on Energy and 
Commerce.
    On March 30, 2004, the Subcommittee on Crime, Terrorism, 
and Homeland Security of the Committee on the Judiciary held a 
markup session and forwarded the bill, as amended, to Full 
Committee by voice vote.
    On March 31, 2004, the Judiciary Committee met in open 
markup session and ordered the bill reported to the House, as 
amended, by voice vote.
    The Committee on the Judiciary reported H.R. 3866 to the 
House, amended, on April 2, 2004 (H. Rpt. 108-461, Part I).
    The Committee on Energy and Commerce was granted an 
extension for further consideration ending not later than April 
27, 2004.
    On April 22, 2004, the Full Committee met in open markup 
session to consider H.R. 3866, as reported by the Committee on 
the Judiciary, and ordered H.R. 3866 reported to the House, as 
amended, by voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 3866 to 
the House, amended, on April 27, 2004 (H. Rpt. 108-461, Part 
II).
    On June 2, 2004 the House considered H.R. 3866 under 
suspension of the rules. On June 3, 2004, a motion to suspend 
the rules and pass the bill, as amended, was agreed to by a 
vote of 408 yeas and 3 nays.
    On June 3, 2004, H.R. 3866 was received in the Senate, read 
twice, and referred to the Committee on the Judiciary.
    No further action was taken on H.R. 3866 in the 108th 
Congress.
    On March 11, 2004, S. 2195 was read twice and referred to 
the Committee on the Judiciary.
    The Committee on the Judiciary met in open markup session 
and ordered S. 2195 reported to the Senate with an amendment in 
the nature of a substitute on September 30, 2004. On the same 
day, the Committee on the Judiciary reported S. 2195 to the 
Senate with an amendment in the nature of a substitute, without 
written report.
    On October 6, 2004, S. 2195 passed the Senate, amended, by 
unanimous consent.
    On October 6, 2004, S. 2195 was received in the House and 
held at the desk.
    On October 8, 2004, S. 2195 was considered in the House by 
unanimous consent, and passed the House without objection.
    On October 13, 2004, S. 2195 was presented to President, 
and was signed by the President on October 22, 2004 (Public Law 
108-358).

           PANCREATIC ISLET CELL TRANSPLANTATION ACT OF 2004

                     Public Law 108-362 (H.R. 3858)

    To increase the supply of pancreatic islet cells for 
research by requiring pancreata procured by an organ 
procurement organization and used for islet cell 
transplantation or research to be counted for purposes of 
certification or recertification.

Summary

    H.R. 3858 requires that pancreata procured by an organ 
procurement organization and used for islet cell 
transplantation or research to be counted for purposes of 
certification or recertification of organ procurement centers. 
By permitting pancreata donated for the purposes of islet cell 
transplantation or research to be counted for purposes of 
certification or recertification, the number of pancreatic and 
other organ donations will increase, expanding the capabilities 
of pancreatic islet cell research.
    The legislation also requires the Diabetes Mellitus 
Interagency Coordinating Committee to complete an annual report 
assessing Federal activities and programs relating to 
pancreatic islet cell transplantation, including an evaluation 
of the adequacy of funding levels, current policies and 
regulations affecting the supply of islet cells, the effect of 
xenotransplantation on advancing pancreatic islet cell 
transplantation, the effect of United Network for Organ Sharing 
policies regarding pancreatic retrieval and islet cell 
transplantations, data collection activities, implementation of 
multiagency clinical investigations of islet cell 
transplantation, and recommendations for legislative and 
administrative changes to increase the supply of pancreatic 
islet cells.

Legislative History

    H.R. 3858 was introduced by Mr. Nethercutt on February 26, 
2004 and was referred to the House Committee on Energy and 
Commerce.
    On September 30, 2004, the Full Committee on Energy and 
Commerce met in open markup session ordered H.R. 3858 reported 
to the House by a voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 3858 to 
the House on October 5, 2004 (H. Rpt. 108-726).
    On October 5, 2004, H.R. 3858 was considered by the House 
under suspension of the rules and passed the House by a voice 
vote.
    On October 6, 2004, H.R. 3858 was received in the Senate 
and read twice.
    H.R. 3858 passed the Senate by unanimous consent on October 
8, 2004.
    On October 13, 2004, H.R. 3858 was presented to the 
President, and on October 25, 2004, H.R. 3858 was signed by the 
President (Public Law 108-362).

       MAMMOGRAPHY QUALITY STANDARDS REAUTHORIZATION ACT OF 2004

                Public Law 108-365 (H.R. 4555, S. 1879)

    To reauthorize the Mammography Quality Standards Act.

Summary

    In 1992, Congress enacted the Mammography Quality Standards 
Act (MQSA) to ensure that all women have access to quality 
mammography for the detection of breast cancer in its earliest, 
most treatable stages. The MQSA provides that screening and 
diagnostic services must be accredited and certified by the 
Food and Drug Administration.
    The Mammography Quality Standards Reauthorization Act of 
2004 reauthorizes the MQSA through fiscal year 2007. In 
addition, the legislation permits the Secretary of Health and 
Human Services to issue a temporary renewal certificates to 
facilities for specified purposes. The bill also permits the 
Secretary to appoint individuals with expertise in mammography 
equipment to the National Mammography Quality Assurance 
Advisory Committee and grants the Advisory Committee greater 
flexibility in how many times the Committee must meet annually.

Legislative History

    H.R. 4555 was introduced by Mr. Dingell on June 14, 2004, 
and was referred to the House Committee on Energy and Commerce.
    On June 15, 2004, the Subcommittee on Health met in open 
markup session and forwarded H.R. 4555 to the Full Committee by 
a voice vote, a quorum being present.
    On June 24,2004, the Full Committee on Energy and Commerce 
met in open markup session and ordered H.R. 4555 reported to 
the House, as amended, by voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 4555 to 
the House, amended, on September 22, 2004 (H. Rpt. 108-694).
    On October 5, 2004, H.R. 4555 was considered in the House 
under suspension of the rules and passed the House, as amended, 
by a voice vote.
    On October 9, 2004, the Senate passed H.R. 4555 by 
unanimous consent.
    H.R. 4555 was presented to the President on October 13, 
2004, and was signed by the President on October 25, 2004 
(Public Law 108-365).

            DEPARTMENT OF DEFENSE FY 2005 AUTHORIZATION BILL

                Public Law 108-375 (H.R. 4200, S. 2400)


                          (Health Provisions)

    To authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year 
for the Armed Forces, and for other purposes.

Summary

    H.R. 4200 contained three health-related provisions in the 
jurisdiction of the Energy and Commerce Committee. Section 601 
authorized the Public Health Service Corps to receive the same 
pay raise as the rest of the uniformed services. The conference 
agreed to a revised version of Vaccine Health Center of 
Excellence. These were originally designed to serve in 
connection with the Anthrax Vaccine Immunization Program as an 
education and consultative service for providers and to assist 
service members in getting access to expedited care. The 
expansion would require the creation of multiple centers with 
the new missions of improving networking between the Department 
of Defense (DOD), Department of Veterans Affairs, Department of 
Health and Human Services and private advocacy and coalition 
groups; and advising service members of additional care that is 
not available at the local DOD medical facilities.
    Section 726 of the final law also modified a previous 
provision allowing the Secretary of Defense to waive informed 
consent requirements for certain drugs under certain 
conditions. The changes narrowed the bases upon which the 
Secretary could invoke such a waiver.

Legislative History

    On April 22, 2004, Mr. Hunter introduced H.R. 4200 by 
request, and the bill was referred to the House Committee on 
Armed Services.
    There was an exchange of correspondence between the 
Committee on Energy and Commerce and the Committee on Armed 
Services on May 14, 2004.
    On May 14, 2004, the Committee on Armed Service reported 
H.R. 2400 to the House, amended (H. Rpt. 108-491).
    H.R. 4200 was considered in the House on May 19 and 20, 
2004, under the provisions of H. Res. 648. The bill passed the 
House by vote of 391 yeas and 34 nays.
    On June 23, 2004, the bill passed the Senate with an 
amendment by unanimous consent. The Senate insisted on its 
amendment, asked for a conference, and appointed conferees.
    The House disagreed to the Senate amendment on September 
28, 2004, agreed to a conference agreed and appointed 
conferees. The Speaker appointed conferees from the Committee 
on Energy and Commerce for consideration of secs. 596, 601, 
3111, 3131, 3133 and 3201 of the House bill, and secs. 321-323, 
716, 720, 1084-1089, 1091, 2833, 3116, 3119, 3141, 3142, 3145, 
3201, and 3503 of the Senate amendment, and modifications 
committed to conference, Messrs. Barton, Upton, and Dingell.
    A conference was held on September 29, 2004, and on October 
8, 2004 the conference report was filed (H. Rpt. 108-767).
    On October 8, 2004, H. Res. 843, providing for the 
consideration of the conference report to accompany H.R. 4200, 
passed the House by voice vote. Then, on October 9, 2004, the 
conference report was considered in the House under the 
provisions of H. Res. 843. The conference report passed the 
House by a vote of 359 yeas and 14 nays.
    Senate agreed to conference report by unanimous consent on 
October 9, 2004.
    On October 21, 2004, the bill was presented to President, 
and was signed by the President on October 28, 2004 (Public Law 
108-375).

 ASTHMATIC SCHOOLCHILDREN'S TREATMENT AND HEALTH MANAGEMENT ACT OF 2003

                     Public Law 108-377 (H.R. 2023)

    To require the Secretary of Health and Human Services to 
give preference when making asthma-related grants to States 
that require schools to allow students to self-administer 
medications for asthma and/or anaphylaxis.

Summary

    H.R. 2023 requires the Secretary of Health and Human 
Services when making any grant that is asthma-related, as 
determined by the Secretary, to give preference to States that 
require public elementary and secondary schools to permit 
students to self-administer medication to treat asthma or 
anaphylaxis. Specifically, the bill requires that the schools 
permit self-administration of medication if the following 
criteria are met: (1) a health care practitioner prescribed the 
medication for use by the student during school hours and 
instructed the student in the correct and responsible use of 
the medication; (2) the student has demonstrated to the health 
care practitioner and the school nurse, if available, the skill 
level necessary to use the medication and any device that is 
necessary to administer such medication as prescribed; (3) the 
health care practitioner formulated a written treatment plan 
for managing asthma or anaphylaxis episodes of the student and 
for medication use by the student during school hours; and, (4) 
the student's parent or guardian has completed and submitted to 
the school any written documentation required by the school, 
including the treatment plan and other documents related to 
liability.
    The school must permit the student to possess and use his 
or her medication while in school, while at a school-sponsored 
activity, and in transit to or from school or school-sponsored 
activities. The schoolauthorization for the student to carry 
the medication is effective for that school and the same school year it 
is granted, and must be renewed by the parent or guardian each 
subsequent school year. The State must also require that backup 
medication, if provided by a student's parent or guardian, be kept at 
the school in a location with immediate access. The State must also 
require that all documentation related to the student's use of asthma 
and/or anaphylaxis medication be kept on file at the student's school 
in a location easily accessible in the event of an asthma or 
anaphylaxis emergency.
    H.R. 2023 clearly states that nothing in the bill creates a 
cause of action or in any other way increased on diminishes the 
liability of any person under any other law. Finally, the bill 
states that Congress commends the Centers for Disease Control 
and Prevention for identifying and creating ``Strategies for 
Addressing Asthma Within a Coordinated School Program'' for 
schools. Congress also encourages all schools to review these 
strategies and adopt policies that will best meet the needs of 
their student population.

Legislative History

    H.R. 2023 was introduced by Mr. Stearns on May 7, 2003, and 
was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Education and the Workforce.
    On June 15, 2004, the Subcommittee on Health met in open 
markup session, and forwarded H.R. 2023 to the Full Committee, 
amended, by a voice vote.
    The Full Committee on Energy and Commerce met in open 
markup session on June 24, 2004, and ordered H.R. 2023 reported 
to the House, as amended, by a voice vote, a quorum being 
present.
    The Committee on Energy and Commerce reported H.R. 2023 to 
the House, amended, on July 14, 2004 (H. Rpt. 108-606, Part I).
    The House Committee on Education and the Workforce granted 
an extension for further consideration ending not later than 
July 14, 2004.
    On October 5, 2004, H.R. 2023 was considered in the House 
under suspension of the rules and passed the House, as amended, 
by voice vote.
    On October 11, 2004, H.R. 2023 passed the Senate by 
unanimous consent.
    H.R. 2023 was presented to the President on October 19, 
2004, and was signed by the President on October 30, 2004 
(Public Law 108-377).

           SPECIAL OLYMPICS SPORT AND EMPOWERMENT ACT OF 2004

                     Public Law 108-406 (H.R. 5131)

    To provide assistance to Special Olympics.

Summary

    Special Olympics Sport and Empowerment Act of 2004 
authorizes the Secretaries of Education, of State, and of 
Health and Human Services to award grants to, or enter into 
contracts or cooperative agreements with, Special Olympics for 
specified education, international, and health activities, 
including ones promoting Special Olympics and a greater 
understanding of contributions to society by individuals with 
intellectual disabilities both within and outside of the United 
States.

Legislative History

    H.R. 5131 was introduced by Mr. Blunt on September 23, 
2004, and was referred to the House Committee on Education and 
the Workforce, and in addition to the Committee on 
International Relations, and the Committee on Energy and 
Commerce.
    On October 6, 2004, H.R. 5131 was considered in the House 
under suspension of the rules and passed the House by a voice 
vote.
    On October 10, 2004, the bill passed the Senate by 
unanimous consent.
    H.R. 5131 was presented to the President on October 19, 
2004, and was signed by the President on October 30, 2004 
(Public Law 108-406).

    MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION ACT OF 2004

                      Public Law 108-414 (S. 1194)

    To authorize a grant program to encourage state and local 
governments to improve their treatment of mentally ill 
offenders.

Summary

    The Mentally Ill Offender Treatment and Crime Reduction Act 
of 2004 authorizes a grant program to encourage state and local 
governments to improve their treatment of mentally ill 
offenders. The grants can be used: to fund mental health courts 
or diversion programs; to promote cooperation between the 
criminal justice and mental health personnel; or to train 
criminal justice and mental health personnel on issues relating 
to mentally ill offenders. Under the legislation, each state 
must receive a minimum allocation of not less than .75 percent 
of the amount allocated. Participants in the collaboration 
programs must also match a percentage of the Federal funds 
allocated.
    The legislation also requires the Attorney General and the 
Secretary of Health and Human Services to establish an 
interagency task force to address barriers to collaboration on 
issues relating to mentally ill offenders. Additionally, the 
Attorney General and the Secretary shall develop a list of best 
practices for addressing these offenders. The legislation 
authorizes $50 million for FY2005 and such sums as may be 
necessary for FY2006 through FY2009.

Legislative History

    S. 1194 was introduced in the Senate by Senator DeWine on 
June 5, 2003. The bill was referred to the Committee on the 
Judiciary.
    On October 23, 2003, the Senate Committee on the Judiciary 
ordered the bill to be reported favorably with an amendment in 
the nature of a substitute.
    On October 27, 2003, the bill passed the Senate with an 
amendment by unanimous consent.
    S. 1194 was received in the House the next day where it was 
referred to the House Committee on the Judiciary.
    On September 30, 2004, the Full Committee on the Judiciary 
met in open markup session and ordered S. 1194 favorably 
reported to the House, amended, by voice vote.
    The Committee on Energy and Commerce and the Committee on 
the Judiciary exchanged correspondence on S. 1194 on October 5, 
2004.
    On October 5, 2004, the Committee on the Judiciary reported 
S. 1194 to the House, amended (H. Rpt. 108-732).
    S. 1194 was considered in the House under suspension of the 
rules on October 6, 2004, and passed the House, as amended, by 
voice vote.
    On October 7, 2004, the Senate received S. 1194 and held it 
at the desk. On October 11, 2004, the Senate agreed to the 
House amendment by unanimous consent.
    On October 21, 2004, the bill was presented to the 
President. On October 30, 2004, the President signed S. 1194 
(Public Law 108-414).

                      RESEARCH REVIEW ACT OF 2004

                     Public Law 108-427 (H.R. 5213)

    To expand research information regarding multidisciplinary 
research projects and epidemiological studies.

Summary

    H.R. 5213 Requires the Secretary of Health and Human 
Services (HHS), in coordination with the Director of the 
National Institute of Health (NIH), to prepare a report 
outlining the methods by which the Roadmap for Medical Research 
has advanced the use of multidisciplinary research teams and 
consortia of research institutions to advance treatments, 
develop new therapies, and collaborate on clinical trials, 
including with respect to spinal cord injury and paralysis 
research.
    The bill also requires the Director of the Centers for 
Disease Control and Prevention (CDC) to prepare a report 
outlining the epidemiological studies currently underway at the 
CDC, future planned studies, the criteria and scope involved in 
determining what epidemiological studies to conduct, defer, or 
suspend, with particular regard to epidemiological studies of 
inflammatory bowel disease. Additionally, the study would 
include a description of the activities CDC undertakes to 
establish partnerships with research and patient advocacy 
communities to expand epidemiological studies.
    Finally, H.R. 5213 directs the Government Accountability 
Office to study Medicare and Medicaid coverage of inflammatory 
bowel therapies in addition to a study about the problems 
patients with inflammatory bowel disease have when applying for 
disability insurance benefits under the Social Security Act.

Legislative History

    H.R. 5213 was introduced in the House by Mr. Bilirakis on 
October 5, 2004 and was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Ways and Means.
    On October 6, 2004, H.R. 5213 was considered in the House 
under suspension of the rules and was passed by the House, as 
amended, by a vote of 418 yeas and 0 nays on October 7, 2004.
    On October 8, 2004, H.R. 5213 was received in the Senate 
and read twice.
    H.R. 5213 passed the Senate by unanimous consent on 
November 16, 2004.
    On November 19, 2004, H.R. 5213 was presented to the 
President, and on November 30, 2004 was signed by the President 
(Public Law 108-427).

        THREE AFFILIATED TRIBES HEALTH FACILITY COMPENSATION ACT

                      Public Law 108-437 (S. 1146)

    A bill to implement the recommendations of the Garrison 
Unit Joint Tribal Advisory Committee by providing authorization 
for the construction of a rural health care facility on the 
Fort Berthold Indian Reservation, North Dakota.

Summary

    S. 1146, Three Affiliated Tribes Health Facility 
Compensation Act, authorizes construction money for certain 
rural health facilities.

Legislative History

    On May 23, 2003, Senator Conrad introduced S. 1146, which 
was referred to the Senate Committee on Indian Affairs.
    On October 15, 2003, the Committee on Indian Affairs 
reported S. 1146, amended, to the Senate (S. Rpt. 108-165).
    S. 1146 passed the Senate, amended, by unanimous consent on 
October 27, 2003.
    On October 28, 2003, S. 1146 was received in the House and 
referred to the Committee on Resources, and in addition to the 
Committee on Energy and Commerce.
    The Committee on Resources reported S. 1146 to the House on 
June 3, 2004 (H. Rpt. 108-523, Part I).
    On June 3, 2004, the Committee on Energy and Commerce was 
granted a extension for further consideration of the bill 
ending not later than July 9, 2004.
    On November 17, 2004, S. 1146 was considered in the House 
under suspension of the rules, and passed the House by voice 
vote.
    S. 1146 was presented to the President on November 22, 
2004, and was signed by the President on December 3, 2004 
(Public Law 108-437).

 A BILL TO IMPROVE ACCESS TO PHYSICIANS IN MEDICALLY UNDERSERVED AREAS

                      Public Law 108-441 (S. 2302)

    A bill to improve access to physicians in medically 
underserved areas.

Summary

    S. 2302 amends the Immigration and Nationality Technical 
Corrections Act of 1994 to reauthorize for a period of two 
years the ``Conrad State 30 program,'' which annually allows 
each State to request up to 30 waivers of the home residency 
requirement applicable to J-1 foreign medical graduates for 
medical service in health professional shortage areas. The bill 
also includes a provision that exempts physicians serving under 
this program from the numerical limitation on H-1B visas. The 
legislation also permits physicians participating in the 
program to practice medicine outside geographic areas 
designated by the Secretary of Health and Human Services in the 
case of a waiver request from an interested State agency.

Legislative History

    Senator Conrad introduced S. 2302 in the Senate on April 7, 
2004, and it was referred to the Senate Committee on the 
Judiciary.
    The Committee on the Judiciary reported S. 2302 to the 
Senate with an amendment in the nature of a substitute on 
October 7, 2004 without written report.
    The Senate passed S. 2302 with an amendment by unanimous 
consent on October 11, 2004.
    S. 2302 was received in the House on November 16, 2004, and 
held at the desk.
    On November 17, 2004, S. 2302 was considered in the House 
under suspension of the rules, and passed the House by a vote 
of 407 yeas to 4 nays.
    S. 2302 was presented to the President on November 22, 
2004, and signed by the President on December 3, 2004 (Public 
Law 108-441).

 IMPROVING EDUCATION RESULTS FOR CHILDREN WITH DISABILITIES ACT OF 2003

                Public Law 108-446 (H.R. 1350, S. 1284)

    To reauthorize the Individuals with Disabilities Education 
Act.

Summary

    H.R. 1350 as passed by the Senate and enacted into law, 
contained provisions requiring States to certify that they meet 
the requirements of designating financial requirements of 
designating financial responsibilities for services. The bill 
also contained language that requires states to ensure that 
interagency agreements are in place to ensure that services are 
paid for by appropriate state agencies. Finally, H.R. 1350 
amends the Children's Health Act to include the Secretary of 
Education as a required partner in the longitudinal study and 
requires that the study be in compliance with Family Education 
Rights Privacy Act requirements.

Legislative History

    Mr. Castle introduced H.R. 1350 in the House on March 19, 
2003, and it was referred to the House Committee on Education 
and the Workforce.
    The Committee on Education and the Workforce reported H.R. 
1350 to the House on April 29, 2003 (H. Rpt. 108-77).
    The House considered H.R. 1350 under the provisions of H. 
Res. 206 on April 30, 2003, and passed the bill, as amended, by 
a vote of 251 yeas to 171 nays.
    On May 1, 2003, H.R. 1350 was received in the Senate, read 
twice, and referred to the Committee on Health, Education, 
Labor, and Pensions.
    On May 13, 2004, the Committee on Health, Education, Labor, 
and Pensions was discharged by unanimous consent, and the 
Senate struck all after the enacting clause in H.R. 1350 and 
substituted the language of S. 1248, as amended. The same day, 
the Senate passed H.R. 1350 in lieu of S. 1248 with an 
amendment by a vote of 95 yeas to 3 nays.
    On October 8, 2004, the House disagreed to the Senate 
amendment to H.R. 1350, requested a conference with the Senate, 
and appointed conferees. The Speaker appointed conferees from 
the Committee on Energy and Commerce for consideration of sec. 
101 and title V of the Senate amendment, and modifications 
committed to conference, Messrs. Barton, Bilirakis, and 
Dingell.
    On October 9, 2004, the Senate insisted on its amendment, 
agreed to the request for a conference, and appointed 
conferees.
    On November 17, 2004, pursuant to a previous order of the 
House, the conference report on H.R. 1350 was filed in the 
House (H. Rpt. 108-779).
    On November 19, 2004, the House considered the conference 
report to accompany H.R. 1350 under the provisions of H. Res. 
858. The House passed the conference report to accompany H.R. 
1350 by a vote of 397 yeas to 3 nays.
    On November 19, 2004, the Senate passed the conference 
report by unanimous consent.
    H.R. 1350 was presented to the President on November 30, 
2004, and was signed by the President on December 3, 2004 
(Public Law 108-446).

A BILL TO AMEND TITLE XIX OF THE SOCIAL SECURITY ACT TO EXTEND MEDICARE 
COST-SHARING FOR THE MEDICARE PART B PREMIUM FOR QUALIFYING INDIVIDUALS 
                         THROUGH SEPTEMBER 2005

                      Public Law 108-448 (S. 2618)

    A bill to amend title XIX of the Social Security Act to 
extend Medicare cost-sharing for the Medicare part B premium 
for qualifying individuals through September 2005.

Summary

    S. 2618 amends title XIX (Medicaid) of the Social Security 
Act to extend Medicare cost-sharing for the Medicare part B 
premium for certain qualifying low-income individuals through 
September 2005. S. 2618 allocates funding amounts for specified 
periods between January 1, 2004, and September 30, 2005.

Legislative History

    S. 2618 was introduced by Senator Grassley on July 7, 2004, 
with four cosponsors.
    The bill passed the Senate without amendment by unanimous 
consent on November 16, 2004.
    On November 16, 2004, S. 2618 was received in the House and 
referred to the Committee on Energy and Commerce.
    On November 19, 2004, S. 2618 was considered in the House 
under suspension of the rules, and passed the House by voice 
vote.
    The bill was presented to the President on November 29, 
2004, and on December 8, 2004 was signed by the President 
(Public Law 108-448).

        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

                 Public Law 108-458 (H.R. 10, S. 2845)


                          (Health Provisions)

    A bill to provide for reform of the intelligence community, 
terrorism prevention and prosecution, border security, and 
international cooperation and coordination, and for other 
purposes.

Summary

    Title XVIII contains the provisions of H.R. 3266, Faster 
and Smarter Funding for First Responders Act of 2004.

Legislative History

    H.R. 10 was introduced by Speaker Hastert on September 24, 
2004, and referred primarily to the Permanent Select Committee 
on Intelligence, and in addition to the Committee on Armed 
Services, the Committee Education and the Workforce, the 
Committee on Energy and Commerce, the Committee on Financial 
Services, the Committee on Government Reform, the Committee on 
International Relations, the Committee on the Judiciary, the 
Committee on Rules, the Committee on Science, the Committee on 
Transportation and Infrastructure, the Committee on Ways and 
Means, and the Select Committee on Homeland Security, for a 
period to be subsequently determined by the Speaker.
    On October 4, 2004, the Committee on Energy and Commerce 
was granted an extension for further consideration ending not 
later than October 5, 2004. The Committee on Energy and 
Commerce was discharged on October 5, 2004.
    On October 7 and 8, 2004, H.R. 10 was considered in the 
House under the provisions of H. Res. 827. Section 5011 was 
adopted as part of an en bloc amendment on the floor of the 
House by voice vote on October 8, 2004 (Amendment 793 offered 
by Mr. Hoekstra). H.R. 10 passed the House, amended, by a vote 
of 282 yeas and 134 nays on October 8, 2004.
    No further action was taken on H.R. 10 in the 108th 
Congress, but H.R. 10 was superseded by S. 2845.
    On September 23, 2004, S. 2845 was introduced by Senator 
Collins, read the first time, and placed on Senate Legislative 
Calendar under Read the First Time.
    On September 24, 2004, the bill was read the second time 
and placed on Senate Legislative Calendar under General Orders.
    S. 2845 passed the Senate with amendments by a vote of 96 
yeas and 2 nays on October 6, 2004.
    On October 16, 2004, the House is considered to have taken 
S. 2845 from the Speaker's table, stricken all after the 
enacting clause and inserted the text of H.R. 10 as passed by 
the House, pursuant to H. Res. 827. The House insisted on its 
amendment and asked for a conference pursuant to H. Res. 827.
    The Senate disagreed to the House amendment on October 16, 
2004, agreed to request for conference, and appointed 
conferees.
    On December 7, 2004, the conference report to accompany S. 
2845 was filed (H. Rpt. 108-796), containing sections 7303(i), 
7402, 7403, and 7405 under the jurisdiction of the Committee on 
Energy and Commerce.
    The conference report was considered in the House under the 
provisions of H. Res. 870 on the same day, and the House agreed 
to the conference report by a vote of 336 yeas and 75 nays.
    On December 8, 2004, the Senate agreed to the conference 
report by a vote of 89 yeas and 2 nays.
    S. 2845 was presented to the President on December 15, 
2004, and was signed by the President on December 17, 2004 
(Public Law 108-458).

            CHILDREN'S HOSPITALS GRADUATE MEDICAL EDUCATION

                     Public Law 108-490 (H.R. 5204)

    To modify provisions regarding the determination of the 
amount of payments for indirect expenses associated with 
operating approved graduate medical residency training programs 
at children's hospitals.

Summary

    H.R. 5204 amends the Public Health Service Act to require 
the Secretary of Health and Human Services to consider the 
ratio of residents in children's hospitals' approved graduate 
medical residency training programs to beds (but excluding beds 
or bassinets assigned to healthy new born infants) when 
determining the amount of payments to such hospitals for 
indirect expenses associated with the treatment of more 
severely ill patients and the additional costs associated with 
teaching residents in such programs.

Legislative History

    Ms. Eshoo introduced H.R. 5204 on October 4, 2004, and it 
was referred to the House Committee on Energy and Commerce.
    H.R. 5204 was considered in the House under suspension of 
the rules on October 6, 2004, and passed the House the same day 
by voice vote.
    The bill was received in the Senate on October 7, 2004.
    On December 8, 2004, H.R. 5204 passed the Senate by 
unanimous consent.
    H.R. 5204 was presented to the President on December 16, 
2004, and was signed by the President on December 23, 2004 
(Public Law 108-490).

    PERSONAL RESPONSIBILITY, WORK, AND FAMILY PROMOTION ACT OF 2003

                                (H.R. 4)

    To reauthorize and improve the program of block grants to 
States for temporary assistance for needy families, improve 
access to quality child care, and for other purposes.

Summary

    H.R. 4 contains provisions that fall within the 
jurisdiction of the Committee on Energy and Commerce. Section 
201 revises, reauthorizes, and extends the program for 
abstinence education under the Social Security Act title V 
(Maternal and Child Services Block Grant) through FY 2008, 
allowing funds that the Secretary determines will not be 
required to carry out an abstinence program of a particular 
State to be reallocated among the States with abstinence 
education programs.
    Section 601 of H.R. 4 amends title XIX of the SSA 
(Medicaid) to continue the transitional medical assistance 
(TMA) program until September 30, 2008. It permits states to 
extend TMA for up to 24 months, allowing continuous eligibility 
for 12 months by making reporting requirements optional, and 
eases access by permitting states to waive the requirements for 
previous receipt of Medicaid (for three of the previous six 
months). Section 601 makes requirements concerning the 
extension of eligibility for medical assistance optional for 
states that extend coverage to children and parents through 185 
percent of the Federal poverty level. This section also 
requires notice for all families whose aid under SSA title IV 
part A or E has terminated but whose eligibility for Medicaid 
continues, and extends use of outstationed workers to accept 
applications for TMA. Section 602 of H.R. 4 amends the State 
Children's Health Insurance Program (SCHIP) to prohibit the 
spending of SCHIP funds on childless couples.

Legislative History

    H.R. 4 was introduced by Mrs. Pryce on February 4, 2003, 
and was referred to the Committee on Ways and Means, and in 
addition to the Committee on Energy and Commerce, the Committee 
on Education and the Workforce, the Committee on Agriculture, 
and the Committee on Financial Services on February 7, 2003.
    On February 13, 2003, H.R. 4 was considered in the House 
under the provisions of H. Res. 69. The bill passed the House 
by a vote of 230 yeas and 192 nays.
    On February 13, 2003, the bill was received by the Senate 
and referred to the Committee on Finance.
    On October 3, 2003, H.R. 4 was reported to the Senate, 
amended, by the Committee on Finance (S. Rpt. 108-162).
    The bill was considered in the Senate on March 30, 2004, 
March 31, 2004, and April 1, 2004.
    A cloture motion was not invoked in Senate by a vote of 51 
yeas and 47 nays.
    No further action was taken on H.R. 4 in the 108th 
Congress.

HELP EFFICIENT, ACCESSIBLE, LOW-COST TIMELY HEALTHCARE (HEALTH) ACT OF 
                                  2003

                          (H.R. 5, H.R. 4280)

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

Summary

    H.R. 5 establishes federal standards to reform the medical 
liability system. The provisions of H.R. 5 apply to any health 
care lawsuit brought in a federal or state court, or subject to 
an alternative dispute resolution system, that is initiated on 
or after the date of enactment, with the exception that any 
health care lawsuit arising from an injury occurring prior to 
the date of the enactment will be governed by the applicable 
statute of limitations provisions in effect at the time the 
injuryoccurred. In general, any issue that is not governed by 
any provision of law established by or under H.R. 5 is governed by 
otherwise applicable state or federal law.
    H.R. 5 includes language binding the statute of limitation 
for a health care lawsuit. The bill states that a health care 
lawsuit shall be commenced 3 years after the date of 
manifestation of injury or 1 year after the claimant discovers, 
or through the use of reasonable diligence should have 
discovered, the injury, whichever occurs first. In no event 
shall the time for commencement of a health care lawsuit exceed 
3 years unless tolled for any of the following: (1) upon proof 
of fraud; (2) intentional concealment; or, (3) the presence of 
a foreign body, which has no therapeutic or diagnostic purpose 
or effect, in the person of the injured person. There is an 
exception for alleged injuries sustained by a minor before the 
age of 6, in which case a health care lawsuit may be commenced 
by or on behalf of the minor until the later of 3 years from 
the date of injury, or the date on which the minor attains the 
age of 8. This time period is tolled for minors for any period 
during which a parent or guardian and a health care provider or 
health care organization have committed fraud or collusion in 
the failure to bring an action on behalf of the injured minor.
    H.R. 5 does not limit the amount of economic losses a 
claimant may recover. Under H.R. 5, economic loss includes, for 
example, objectively verifiable monetary losses, past and 
future medical expenses, loss of past and future earnings, cost 
of obtaining domestic services, loss of employment, and loss of 
business or employment opportunities. H.R. 5 specifies that a 
claimant may recover up to $250,000 in non-economic damages. 
Non-economic damages is defined as damages for physical and 
emotional pain, suffering, inconvenience, physical impairment, 
mental anguish, disfigurement, loss of enjoyment of life, loss 
of society and companionship, loss of consortium, hedonic 
damages, injury to reputation, and all other nonpecuniary 
losses of any kind or nature. With respect to compensatory or 
punitive damages, H.R. 5 does not preempt any state law 
(enacted before, on, or after the date of enactment of H.R. 5) 
that specifies a particular monetary amount of compensatory or 
punitive damages (or the total amount of damages) that may be 
awarded in a health care lawsuit.
    H.R. 5 establishes a rule that apportions damages in 
proportion to a defendant's degree of fault. The legislation 
requires that courts supervise the arrangements for payment of 
damages to protect against conflicts of interest that may have 
the effect of reducing the amount of damages awarded that are 
actually paid to claimants. H.R. 5 establishes a sliding fee 
schedule for the payment of contingency fees from a claimant's 
damage recovery as follows: 40 percent of the first $50,000 
recovered by the claimant; 33\1/3\ percent of the next $50,000 
recovered by the claimant; 25 percent of the next $500,000 
recovered by the claimant; and 15 percent of any amount by 
which the recovery by the claimant(s) is in excess of $600,000.
    H.R. 5 clarifies that in any health care lawsuit, any party 
may introduce evidence of collateral source benefits received 
``or reasonably likely to be received'' from other parties (and 
which benefits would cover the same injuries). H.R. 5 requires 
the court, at the request of any party, to order that the award 
of future damages equaling or exceeding $50,000 be paid by 
periodic payments.
    H.R. 5 clearly states that no demand for punitive damages 
shall be included in a health care lawsuit as initially filed. 
The legislation does not permit the award of punitive damages 
in health care lawsuits if compensatory damages are not 
awarded. H.R. 5 states, however, that punitive damages may be 
awarded if otherwise permitted by applicable state or federal 
law. In all cases, punitive damages may only be awarded if it 
is first proven by clear and convincing evidence that a 
defendant acted with malicious intent to injure the claimant, 
or that such person deliberately failed to avoid unnecessary 
injury that such person knew the claimant was substantially 
certain to suffer. The amount of any punitive damages that are 
awarded may be as much as two times the amount of economic 
damages awarded, or $250,000, whichever is greater. H.R. 5 
allows for bifurcation procedures, at either party's request, 
so that the proceedings on punitive damages would be separate 
from and subsequent to the proceedings on compensatory damages.
    H.R. 5 does not permit the award of punitive damages 
against the manufacturer or distributor of a medical product 
based on a claim that the product caused the harm where: the 
product was subject to premarket approval or clearance by the 
Food and Drug Administration (FDA) with respect to the safety 
of the formulation or performance of the product or the 
adequacy of the labeling of the product, and the product was 
approved and cleared by the FDA; or, the medical product is 
generally recognized among qualified experts as safe and 
effective pursuant to conditions established by the FDA and 
applicable regulations. H.R. 5 prohibits a health care provider 
from being named as a party in a product liability lawsuit for 
prescribing or dispensing pursuant to a prescription drug or 
device that is approved by the Food and Drug Administration. 
Punitive damages may be awarded against a manufacturer or 
distributor of a medical product, however, if a person, before 
or after premarket approval or clearance of the product 
knowingly misrepresented or withheld information from the FDA 
that is required to be submitted or is material and causally 
related to the harm which the claimant allegedly suffered. 
Punitive damages may also be awarded if a person made an 
illegal payment to an FDA official for the purpose of either 
securing or maintaining approval or clearance.
    H.R. 5 includes a sense of Congress that a health insurer 
should be liable for damages for harm caused when it makes a 
decision as to what care is medically necessary and 
appropriate.
    H.R. 4280 is substantially similar to H.R. 5.

Legislative History

    H.R. 5 was introduced in the House by Mr. Greenwood on 
February 5, 2003. The bill was referred to the Committee on the 
Judiciary, and in addition to the Committee on Energy and 
Commerce.
    On February 27, 2003, the Subcommittee on Health of the 
Committee on Energy and Commerce held an oversight hearing on 
assessing the need to enact medical liability reform. The 
hearing focused on the current medical liability crisis, what 
other factors contribute torising medical malpractice insurance 
premiums, and the potential impact of medical liability reforms, such 
as those proposed in H.R. 5, on patient's rights, insurance companies 
and physicians. Testimony was received from a patient perspective and a 
health law attorney, as well as industry representatives and consumer 
advocacy groups.
    On March 4, 2003, the Subcommittee on Health met in open 
markup session and forwarded H.R. 5 to the Full Committee, 
amended, by voice vote, a quorum being present.
    On March 6, 2003, the Full Committee on Energy and Commerce 
met in open markup session and ordered H.R 5 reported to the 
House, as amended, by voice vote, a quorum being present.
    The Committee on the Judiciary reported H.R. 5 to the 
House, amended, on March 11, 2003 (H. Rpt. 108-32, Part I).
    The Committee on Energy and Commerce reported H.R. 5 to the 
House, as amended, on March 11, 2003 (H. Rpt. 108-32, Part II).
    On March 13, 2003, H.R. 5 was considered in the House under 
the provisions of H. Res. 139. The House passed H.R. 5, as 
amended, by a vote of 229 yeas to 197 nays.
    On March 13, 2003, H.R. 5 was received in the Senate. On 
March 20, 2003, the bill was read the first time, and placed on 
Senate Legislative Calendar under Read the First Time. On March 
21, 2003, H.R. 5 was read the second time and placed on Senate 
Legislative Calendar under General Orders.
    No further action was taken on H.R. 5 in the 108th 
Congress.
    H.R. 4280 was introduced in the House by Mr. Greenwood on 
May 5, 2004. The bill was referred to the Committee on the 
Judiciary, and in addition to the Committee on Energy and 
Commerce.
    The House considered H.R. 4280 under the provisions of H. 
Res. 638 on May 12, 2004. H.R. 4280 passed the House by a vote 
of 229 yeas and 196 nays, with one Member voting present.
    No further action was taken on H.R. 4280 in the 108th 
Congress.

            PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION ACT

                               (H.R. 339)

    To prevent legislative and regulatory functions from being 
usurped by civil liability actions brought or continued against 
food manufacturers, marketers, distributors, advertisers, 
sellers, and trade associations for claims of injury relating 
to a person's weight gain, obesity, or any health condition 
associated with weight gain or obesity.

Summary

    H.R. 339 provides that a qualified civil liability action 
may not be brought in any Federal or State court, and that a 
qualified civil liability action that is pending on the date of 
the enactment of this Act shall be dismissed immediately by the 
court in which the action was brought or is currently pending. 
The legislation defines a ``qualified civil liability action'' 
as a civil action brought by any person against a manufacturer 
or seller of a qualified product, or a trade association, for 
damages, penalties, declaratory judgment, injunctive or 
declaratory relief, restitution, or other relief arising out 
of, related to, or resulting in injury or potential injury 
arising from a person's consumption of a qualified product and 
a person's resulting weight gain, obesity, or any health 
condition that is associated with a person's weight gain or 
obesity. Such actions include those brought by a person other 
than the person on whose weight gain, obesity, or health 
condition the action is based, and any derivative action 
brought by, or on behalf of, any person or any representative, 
spouse, parent, child, or other relative of any person. The 
term ``qualified product'' is defined as a food, as defined in 
section 201(f) of the Federal Food Drug and Cosmetic Act (21 
U.S.C.321(f)).

Legislative History

    H.R. 339 was introduced in the House by Mr. Keller on 
January 27, 2003. The bill was referred to the Committee on the 
Judiciary.
    On January 28, 2004, the Committee on the Judiciary met in 
open markup session and ordered H.R. 339 reported to the House, 
amended, by voice vote.
    The Committee on Energy and Commerce and the Committee on 
the Judiciary exchanged correspondence on H.R. 339 on March 4, 
2004.
    The Committee on the Judiciary reported H.R. 339 to the 
House, amended, on March 5, 2004 (H. Rpt. 108-432), pursuant to 
the previous order of the House of March 4, 2004.
    The House considered H.R. 339 on March 10, 2004, pursuant 
to the provisions of H. Res. 522, and approved the bill by a 
roll call vote of 276 yeas to 139 nays.
    On March 11, 2004, H.R. 339 was received in the Senate. The 
bill was read the first time and placed on Senate Legislative 
Calendar under Read the First Time on March 25, 2004. On March 
26, 2004, the bill was read the second time and placed on 
Senate Legislative Calendar under General Orders.
    No further action on H.R. 339 occurred in the 108th 
Congress.

               PATIENT SAFETY AND QUALITY IMPROVEMENT ACT

                           (H.R. 663, S. 720)

    To amend title IX of the Public Health Service Act to 
provide for the improvement of patient safety and to reduce the 
incidence of events that adversely affect patient safety, and 
for other purposes.

Summary

    H.R. 663 provides the opportunity for health care providers 
to submit information, in the form of a work product, on 
medical errors and other patient safety issues to a patient 
safety organization (PSO). The bill protects such information 
from discovery or use in courts or administrative proceedings. 
Such protection would encourage more robust evaluations of 
patient safety issues in hospitals and other provider 
organizations. H.R. 663 also provides for certain 
confidentialityrequirements for communications not connected 
with judicial or administrative proceedings. The bill sets out 
qualifications for PSO's. The decision of a provider or institution to 
contract with a PSO would be voluntary. However, once such a decision 
is made and in operation, various rules would apply to the flow of 
patient safety information. The Secretary of Health and Human Services 
would enforce these rules through administrative and civil penalties.
    H.R. 663 also authorizes the Secretary of HHS to establish 
or to designate other entities to create a voluntary national 
database to track medical errors. The Secretary of HHS is also 
authorized to develop and adopt voluntary national standards to 
promote the compatibility of health information technology 
systems. Finally, H.R. 663 establishes grant programs for 
electronic prescribing and information technologies for 
hospitals and other healthcare providers. This will allow for 
physicians and other types of providers who lack the necessary 
resources to adopt the latest technologies that have been 
proven to significantly reduce the incidence of medical errors.

Legislative History

    Mr. Bilirakis introduced H.R. 663 on February 11, 2003, and 
the bill was referred to the House Committee on Energy and 
Commerce.
    The Full Committee on Energy and Commerce Committee met in 
open markup session on February 12, 2003, and ordered H.R. 663 
reported to the House, amended, by voice vote.
    On March 6, 2003 the Committee on Energy and Commerce 
reported H.R. 663 to the House, amended (H. Rpt. 108-28).
    H.R. 663 was considered in the House under suspension of 
the rules on March 12, 2003, and passed the House, as amended, 
by a vote of 418 yeas and 6 nays.
    On March 13, 2003, H.R. 663 was received in the Senate, 
read twice, and referred to the Committee on Health, Education, 
Labor, and Pensions.
    The Senate passed H.R. 663, amended with the text of S. 
720, by unanimous consent on July 22, 2004, requested a 
conference, insisted on its amendments, and appointed 
conferees.
    No further action was taken on H.R. 663 in the 108th 
Congress.

         MEDICARE REGULATORY AND CONTRACTING REFORM ACT OF 2003

                               (H.R. 810)

    To amend title XVIII of the Social Security Act to provide 
regulatory relief and contracting flexibility under the 
Medicare Program.

Summary

    H.R. 810 streamlines Medicare rules for providers and 
suppliers. This legislation addresses the need for consistent 
and accurate written responses from Medicare contractors, and 
helps beneficiaries better understand and navigate the Medicare 
program. It takes sensible steps to educate providers and 
clarify provider rights, while protecting and supporting 
efforts to eliminate waste, fraud, and abuse in Medicare.
    More specifically, H.R. 810; (1) ensures that substantive 
regulation or policy changes take effect no earlier than 30 
days after the Secretary of Health and Human Services has 
issued such a change; (2) calls for the Secretary to update 
Congress every 2 years on areas of confusion, inconsistency, or 
conflict among Medicare's various statutory and regulatory 
provisions; (3) provides for the designation and specific 
training of Medicare-only Administrative Law Judges; (4) 
creates an expedited process for providers to obtain judicial 
review of appeals for denied claims and provider agreement 
determinations; (5) requires the Secretary to expedite appeal 
proceedings when termination of participation or other 
immediate sanctions have been imposed on providers; (6) opens 
all contracts to competitive bidding, giving CMS the ability to 
terminate contractors that are inefficient; (7) requires 
Medicare contractors to develop information security programs 
for all Medicare-related business; (8) requires Medicare 
contractors to provide general written responses to beneficiary 
and provider written inquiries within 45 business days; (9) 
treats providers who rely on written guidance or written 
responses to inquiries fairly and equitably; (10) calls for the 
Secretary to appoint an individual to develop appropriate 
responses to complaints concerning inconsistencies and 
confusion in the Medicare program; (11) limits random 
prepayment review to cases that fit a standard protocol 
developed by the Secretary; (12) requires the Secretary to 
develop standards for repayment plans, taking into account a 
provider's reliance on guidance and financial hardship; (13) 
requires Medicare to inform beneficiaries that utilize skilled 
nursing facilities (SNFs) well in advance of the end of the 100 
days of care; and, (14) allows beneficiaries who receive a 
notice from a provider that Medicare may no cover a particular 
service to find out in advance whether or not it will be 
covered.

Legislative History

    On February 13, 2003, H.R. 810 was introduced by Mrs. Nancy 
Johnson and referred to the Committee on Ways and Means and in 
addition to the Committee on Energy and Commerce.
    On March 26, 2003, the Full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 810 
reported to the House, amended, by voice vote, a quorum being 
present.
    The Committee on Ways and Means reported H.R. 810 to the 
House on April 11, 2003 (H. Rpt. 108-74, Part I).
    On April 11, 2003, the Committee on Energy and Commerce was 
granted an extension for further consideration ending not later 
than April 29, 2003.
    The Committee on Energy and Commerce reported H.R. 810 to 
the House, amended, on April 29, 2003 (H. Rpt. 108-74, Part 
II).
    No further action was taken on H.R. 810 in the 108th 
Congress.

PATIENT NAVIGATOR, OUTREACH, AND CHRONIC DISEASE PREVENTION ACT OF 2004

                               (H.R. 918)

    To amend the Public Health Service Act to authorize a 
demonstration grant program to provide patient navigator 
services to reduce barriers and improve health care outcomes, 
and for other purposes.

Summary

    H.R. 918 authorizes the Secretary of the Department of 
Health and Human Services (HHS) to award grants to promote 
model ``patient navigator'' programs to improve health care 
outcomes for individuals with cancer or other chronic diseases, 
with specific emphasis on health disparity populations. The 
bill authorizes a 5-year demonstration program, managed by the 
Administrator of the Health Resources and Services 
Administration, to evaluate the impact of patient navigators on 
improving health care outcomes.
    The Administrator may award grants to eligible entities to 
recruit, assign, train, and employ patient navigators who have 
a direct knowledge of the communities they serve. Eligible 
entities include a public or nonprofit private health center, a 
community health center, a health facility operated with the 
Indian Health Services, a hospital, a cancer center, a rural 
health clinic, an academic health center, or a nonprofit entity 
that enters into a partnership or coordinates referrals with 
such health care facilities. An eligible entity may only 
receive a grant for a 3-year period, and may apply for a one-
year waiver. No grant may be awarded after September 30, 2010.
    Patient navigators must coordinate health care services and 
provider referrals, facilitate involvement of community 
organizations to provide assistance to patients, facilitate 
enrollment in clinical trials, anticipate barriers within the 
health care system and help ensure prompt diagnostic care and 
treatment, coordinate with health insurance ombudsman programs, 
and conduct ongoing outreach to health disparity populations 
for preventative care.
    Grant recipients must establish baseline measures and 
benchmarks to evaluate program outcomes. The Secretary is 
required to conduct a study of the results of the program no 
later than 6 months after the completion of the demonstration 
grant program.

Legislative History

    H.R. 918 was introduced by Mr. Menendez on February 26, 
2003, and it was referred to the House Committee on Energy and 
Commerce, and in addition to the House Committee on Resources.
    On September 30, 2004 the Full Committee on Energy and 
Commerce met open markup session and ordered H.R. 918 reported 
to the House, amended, by a voice vote, a quorum being present.
    On October 5, 2004, the Committee on Energy and Commerce 
reported H.R. 918 to the House, amended (H. Rpt. 108-727, Part 
I).
    On October 5, 2004, H.R. 918 was considered in the House 
under suspension of the rules and as passed the House, as 
amended, by a voice vote.
    On October 6, 2004, H.R. 918 was received in the Senate.
    No further action was taken on H.R. 918 in the 108th 
Congress.

                  CHILD MEDICATION SAFETY ACT OF 2003

                              (H.R. 1170)

    To protect children and their parents from being coerced 
into administering a controlled substance in order to attend 
school.

Summary

    H.R. 1170 requires states, as a condition of receiving 
Federal education funds, to establish policies and procedures 
prohibiting school personnel from requiring a child to take 
medication in order to attend school.

Legislative History

    H.R. 1170 was introduced by Mr. Burns on March 11, 2003. 
The bill was referred to the Committee on Education and the 
Workforce.
    The Committee on Energy and Commerce and the Committee on 
Education and the Workforce exchanged correspondence concerning 
H.R. 1170 on May 20, 2003.
    The Committee on Education and the Workforce reported H.R. 
1170 to the House on May 21, 2003 (H. Rpt. 108-121).
    H.R. 1170 was considered in the House under suspension of 
the rules on May 21, 2003, and passed the House, amended, by a 
vote of 425 yeas and 1 nay.
    On May 22, 2003 H.R. 1170 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. 1170 in the 108th 
Congress.

        SPECIAL POSTAGE STAMP TO BENEFIT BREAST CANCER RESEARCH

                              (H.R. 1385)

    To extend the provision of title 39, United States Code, 
under which the United States Postal Service is authorized to 
issue a special postage stamp to benefit breast cancer 
research.

Summary

    H.R. 1385 extends the U.S. Postal Service's authority to 
issue special postage stamps to help provide funding for breast 
cancer research through December 31, 2006.

Legislative History

    H.R. 1385 was introduced by Mr. Baca on March 20, 2003, and 
was referred to the Committee on Government Reform, and in 
addition to the Committee on Energy and Commerce, and the 
Committee on Armed Services.
    On January 27, 2004, H.R. 1385 was considered in the House 
under suspension of the rules, and passed the House by a vote 
of 331 yeas and 1 nay.
    On January 28, 2004, H.R. 1385 was received in the Senate, 
read twice, and referred to the Committee on Governmental 
Affairs.
    No further action was taken on H.R. 1385 in the 108th 
Congress.

   OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 2003

                              (H.R. 2086)

    To amend the Office of National Drug Control Policy 
Reauthorization Act of 1998 to reauthorize the Office of 
National Drug Control Policy through fiscal year 2008.

Summary

    H.R. 2086 amends the Office of National Drug Control 
Reauthorization Act of 1998 to reauthorize the Office of 
National Drug Control Policy through fiscal year 2008.

Legislative History

    H.R. 2086 was introduced in the House by Mr. Souder on May 
14, 2003. The bill was referred to the House Committee on 
Government Reform, and in addition, the Committee on the 
Judiciary, the Committee on Energy and Commerce, and the 
Permanent Select Committee on Intelligence.
    On June 19, 2003 the Committee on Government Reform 
reported H.R. 2086 to the House, amended (H. Rpt. 108-167, Part 
I).
    The Committee on Energy and Commerce, the Committee on the 
Judiciary, and the Permanent Select Committee on Intelligence 
were granted an extension for further consideration ending not 
later than July 14, 2003.
    On July 14, 2003, the Committee on the Judiciary reported 
H.R. 2086 to the House, amended (H. Rpt. 108-167, Part II).
    On September 30, 2003, the House considered H.R. 2086 under 
suspension of the rules, and passed the House, as amended, by 
voice vote.
    H.R. 2086 was received in the Senate on October 1, 2003, 
read twice, and referred to the Committee on the Judiciary.
    No further action was taken on H.R. 2086 in the 108th 
Congress.

 TO AMEND THE FEDERAL FOOD, DRUG, AND COSMETIC ACT TO PROVIDE FOR THE 
 REGULATION OF NONCORRECTIVE CONTACT LENS AS MEDICAL DEVICES, AND FOR 
                             OTHER PURPOSES

                              (H.R. 2218)

    To amend the Federal Food, Drug, and Cosmetic Act to 
provide for the regulation of all contact lenses as medical 
devices, and for other purposes.

Summary

    H.R. 2218 amends the Federal Food, Drug, and Cosmetic Act 
to: (1) regulate all contact lenses as medical devices; and, 
(2) state that such regulation shall not be construed as having 
any legal effect on any other Food and Drug Administration 
(FDA)-regulated article.

Legislative History

    On May 22, 2003, H.R. 2218 was introduced in the House by 
Mr. Boozeman, and was referred to the Committee on Energy and 
Commerce.
    H.R. 2218 was considered in the House on November 19, 2003, 
under suspension of the rules and passed the bill, as amended, 
by voice vote.
    On November 20, 2003 the bill was received in the Senate.
    On December 9, 2003, it was read twice and referred to the 
Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H.R. 2218 was taken in the 
108th Congress.

                PHARMACEUTICAL MARKET ACCESS ACT OF 2003

                              (H.R. 2427)


Summary

    H.R. 2427 would require the packaging of every prescription 
drug to use counterfeit-resistant technology. A prescription 
drug would be misbranded if the packaging of the drug did not 
include this technology. The legislation eliminates section 
804(l) of the Food and Drug Cosmetic Act (FDCA), which would 
not permit reimportation until the Secretary of Health and 
Human Services demonstrates that it will pose ``no additional 
risk'' to public health and safety.
    The legislation instructs the Food and Drug Administration 
(FDA) to promulgate regulations permitting ``qualifying 
individuals'' to reimportcovered products into the United 
States. A ``qualifying individual'' is defined as any individual ``who 
is not a pharmacist or wholesaler.''

Legislative History

    On June 11, 2003, Mr. Gutknecht introduced H.R. 2427. The 
bill was referred to the House Energy and Commerce Committee.
    On July 25, 2003, H.R. 2427 was considered in the House 
under the provisions of H. Res. 335. The House passed H.R. 2427 
by a vote 243 yeas and 186 nays.
    On July 25, 2003, the legislation was received in the 
Senate, and referred to the Committee on Health, Education, 
Labor, and Pensions.
    No further action was taken on H.R. 2427 in the 108th 
Congress.

              THE HEALTH INSURANCE CERTIFICATE ACT OF 2003

                              (H.R. 2698)

    To provide for a system of health insurance certificates to 
increase the number of Americans with health insurance 
coverage.

Summary

    H.R. 2698 is a means-tested, social spending program 
designed to reduce the number of uninsured Americans by 
providing subsidies to low and low-middle income families 
specifically for the purchase of health insurance coverage. In 
many cases, the Act will simply reduce the financial burden of 
those who have already been paying for health insurance 
coverage. H.R. 2698 authorizes almost $50 billion 
($49,965,000,000) over 10 years for the combination of this 
purpose and for funding high-risk pools. The Secretary of 
Health and Human Services would administer the program.
    The certificate value established by H.R. 2698 would vary, 
in part, by income and, in part, by the number of family 
members addressed. There are two categories of health 
certificates: (1) certificates to subsidize the purchase of 
health insurance provided outside the employment context; and, 
(2) certificates for use as a premium subsidy for employment-
related health insurance certificates to subsidize the purchase 
of health insurance provided within the employment context.
    H.R. 2698 also includes increased funding for state high-
risk pools.

Legislative History

    Mr. Bilirakis introduced H.R. 2698 on July 10, 2003. The 
bill was referred to the House Committee on Energy and 
Commerce.
    On July 17, 2003, the Subcommittee on Health held a hearing 
on H.R. 2698. Witnesses included representatives of insurers, 
doctors, employers, and labor, as well an expert from academia.
    No further action was taken on H.R. 2698 in the 108th 
Congress.

                    NATIONAL UNIFORMITY FOR FOOD ACT

                              (H.R. 2699)

    To amend the Federal Food, Drug, and Cosmetic Act to 
provide for uniform food safety warning notification 
requirements, and for other purposes.

Summary

    H.R. 2699 amends the Federal Food, Drug, and Cosmetic Act 
(FDCA) to prohibit any state or political subdivision from 
establishing or continuing in effect as to any food in 
interstate commerce any requirement for food that is not 
identical to specified FDCA provisions. It allows current state 
notification or food safety requirements to continue for 180 
days after the enactment of this Act, during which such state 
may petition for an exemption or a new national standard. Under 
the legislation, a state may petition for an exemption and for 
a national standard regarding any requirement under the FDCA or 
the Fair Packaging and Labeling Act relating to food 
regulation. A state is allowed to establish a requirement that 
would otherwise violate FDCA provisions relating to national 
uniform nutrition labeling or this paragraph if the requirement 
is needed to address an imminent hazard to health that is 
likely to result in serious adverse health consequences and if 
other requirements are met.

Legislative History

    On July 10, 2003, Mr. Burr introduced H.R. 2699, which was 
referred to the House Committee on Energy and Commerce.
    On September 30, 2004, the Full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 2699 
reported to the House, amended, by a record vote of 30 yeas and 
15 nays, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 2699 to 
the House, amended, on October 8, 2004 (H. Rpt. 108-770).
    No further action was taken on H.R. 2699 in the 108th 
Congress.

      NATIONAL ALL SCHEDULES PRESCRIPTION ELECTRONIC REPORTING ACT

                              (H.R. 3015)


Summary

    H.R. 3015 amends Part P of title III of the Public Service 
Act by adding new section 399O, Controlled Substance Monitoring 
Program. Under this program, the Secretary of Health and Human 
Services would award grants to states to establish and operate 
controlled substance monitoring programs.
    In implementing a PDMP under this section, a state shall 
require all dispensers to report each dispensing in the state 
not later than one weekafter the dispensing. Each state 
operating an authorized monitoring program would be required to cover 
Schedule II, III, and IV drugs. The bill will also facilitate the 
interoperability of state systems so drug diversion and abuse that 
crosses states lines can also be detected.

Legislative History

    On September 4, 2003, Mr. Whitfield introduced H.R. 3015. 
The legislation was referred to the House Committee on Energy 
and Commerce.
    On September 30, 2004 the Full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 3015 
reported to the House, amended, by a voice vote, a quorum being 
present.
    On October 5, 2004, the Committee on Energy and Commerce 
reported H.R. 3015 to the House, amended (H. Rpt. 108-728).
    H.R. 3015 was considered in the House under suspension of 
the rules and passed the House, as amended, by voice vote.
    On October 6, 2004, H.R. 3015 was received in the Senate.
    No further action was taken on H.R. 3015 in the 108th 
Congress.

           NATIONAL BONE MARROW REGISTRY REAUTHORIZATION ACT

                              (H.R. 3034)

    To reauthorize the national bone marrow donor registry.

Summary

    H.R. 3034 continues the basic functions of the registry, 
with minor changes to reflect relatively new functions of the 
bone marrow registry. The national bone marrow registry is 
under the general supervision of the Secretary of Health and 
Human Services and a board of directors. H.R. 3034 extends the 
time period a member of the board of directors may serve. The 
bone marrow registry, which maintains close ties with the 
Department of the Navy, currently prepares for emergency 
events, where large segments of the population may need urgent 
transplants. H.R. 3034 explicitly authorizes the registry to 
maintain and expand medical response capabilities in concert 
with federal programs for responding to terrorist threats that 
can damage marrow. Additional authorization of appropriations 
for this may be awarded if the Secretary deems it necessary to 
significantly expand this function of the registry. H.R. 3034 
requires the continued promotion of research to improve the 
availability, efficiency, safety, and cost of transplants. In 
addition, the registry must increase the number of umbilical 
cord blood units listed in the registry. H.R. 3034 also 
includes provisions to increase information sharing with 
transplant patients. For example, current law requires that the 
bone marrow registry include a scientific registry of 
information relating to patients who have been recipients of a 
transplant of bone marrow from a biologically unrelated donor. 
H.R. 3034 requires the scientific registry to participate in 
medical research that has the potential to improve transplant 
outcomes and make the relevant scientific information available 
to the public. The legislation authorizes the appropriation of 
$32 million for fiscal year 2004, and such sums as may be 
necessary for fiscal years 2005-2008.

Legislative History

    H.R. 3034 was introduced in the House on September 5, 2003, 
by Mr. Bill Young, and was referred to the House Committee on 
Energy and Commerce Committee.
    On September 10, 2003, the Committee on Energy and Commerce 
met in open markup session and ordered H.R. 3034 to be reported 
to the House, amended, by voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 3034 to 
the House, amended, on September 17, 2003 (H. Rpt. 108-276).
    On October 1, 2003, the bill was considered in the House 
under suspension of the rules, and passed the House, as 
amended, by voice vote.
    On October 2, 2003, H.R. 3034 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. 3034 in the 108th 
Congress.

      FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS ACT OF 2004

                              (H.R. 3266)

    To authorize the Secretary of Homeland Security to make 
grants to first responders, and for other purposes.

Summary

    H.R. 3266 would reform the manner in which the Department 
of Homeland Security (DHS) issues grants to enhance the ability 
of states, local governments, and first responders to prevent, 
prepare for, mitigate and respond to acts of terrorism. The 
bill does not create a new terrorism grant program. The primary 
revision to law would be to modify the criteria used to 
distribute funding for two existing first responder grant 
programs--the State Homeland Security and the Urban Area 
Security Initiative grant programs. In addition H.R. 3266 would 
authorize the appropriation of $3.4 billion in FY 2006 for 
first responder grants including the above programs.
    H.R. 3266 does not apply to grants administered by the 
Department of Health and Human Services (HHS). However, there 
may be overlap between the types of first responder issues 
addressed in H.R. 3266 and those addressed by HHS pursuant to 
earlier legislative authority.
    Section 3 of the bill directs the Secretary of Homeland 
Security to: (1) establish clearly defined essential 
capabilities for State and local government preparedness for 
terrorism, for purposes of covered grants (i.e., any grant 
provided by the Department of Homeland Security (DHS)to states 
or regions to improve the ability of first responders to prevent, 
prepare for, respond to, or mitigate terrorist attacks, including any 
grant under DHS's State Homeland Security Grant Program or Urban Area 
Security Initiative); and, (2) establish (within 120 days after this 
Act's enactment) and regularly update (at least every three years) 
essential capabilities.
    The bill further directs the Secretary to require that any 
state applying for a covered grant submit a three-year State 
homeland security plan that: (1) demonstrates the extent to 
which the state has achieved, and what is still needed for the 
state to achieve, the applicable essential capabilities; (2) 
includes a prioritization of such additional needs based on 
threat, vulnerability, and consequence assessment factors; (3) 
describes how the State intends to address such additional 
needs at the city, county, regional, state, and interstate 
level, with particular emphasis on regional planning and 
cooperation within its jurisdictional borders and with 
neighboring states; and, (4) is developed in consultation with 
and subject to appropriate comment by local governments.
    H.R. 3266 also directs the Secretary to support the 
development of, promulgate, and update national voluntary 
consensus standards for: (1) the performance, use, and 
validation of first responder equipment, which shall be 
consistent with existing standards, take into account new types 
of terrorism threats, and focus on maximizing interoperability, 
interchangeability, durability, flexibility, efficiency, 
efficacy, portability, sustainability, and safety; and, (2) 
first responder training under covered grant programs that will 
enable State and local government first responders to achieve 
optimal levels of terrorism preparedness as quickly as 
practicable. Lists required categories of first responder 
equipment

Legislative History

    Mr. Cox introduced H.R. 3266 on October 8, 2003. The bill 
was referred to the House Select Committee on Homeland 
Security, and in addition to the Committee on Transportation 
and Infrastructure, the Committee on the Judiciary, and the 
Committee on Energy and Commerce.
    The Select Committee on Homeland Security reported H.R. 
3266 to the House, amended, on April 2, 2004 (H. Rpt. 108-460, 
Part I).
    On April 2, 2004 the Committee on Transportation and 
Infrastructure, the Committee on Energy and Commerce, and the 
Committee on the Judiciary were granted an extension for 
further consideration ending not later than June 7, 2004.
    On May 11, 2004, the Subcommittee on Health held a hearing 
on H.R. 3266. The primary focus of the hearing was the need to 
avoid unnecessary duplication of functions and the need for 
coordination between the Department of Homeland Security and 
the Department of Health and Human Services. Witnesses included 
representatives of the Department of Homeland Security and the 
Department of Health and Human Services.
    On June 3, 2004 the Committee on Transportation and 
Infrastructure, the Committee on Energy and Commerce, and the 
Committee on the Judiciary were granted an extension for 
further consideration ending not later than June 14, 2004.
    On June 3, 2004, the Full Committee on Energy and Commerce 
met in open markup session and ordered H.R. 3266 reported to 
the House, amended, by voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 3266 to 
the House, amended, on June 14, 2004 (H. Rpt. 108-460, Part 
II).
    The Committee on Transportation and Infrastructure reported 
H.R. 3266 to the House, amended, on June 21, 2004 (H. Rpt. 108-
460, Part III).
    The Committee on the Judiciary reported H.R. 3266 to the 
House, amended, on June 21, 2004 (H. Rpt. 108-460, Part IV).
    No further action was taken on H.R. 3266 in the 108th 
Congress.

                    TAX RELIEF EXTENSION ACT OF 2003

                              (H.R. 3521)

    To amend the Internal Revenue Code of 1986 to extend 
certain expiring provisions, and for other purposes.

Summary

    H.R. 3521 extends the application of mental health parity 
provision under the Public Health Service Acts to December 
2004. The original mental health parity provisions were part of 
the Health Insurance Portability and Accountability Act of 
1996.

Legislative History

    Mr. Thomas introduced H.R. 3521 on November 19, 2003. The 
bill was referred to the House Committee on Ways and Means, and 
in addition to the Committee on Energy and Commerce, and the 
Committee on Education and the Workforce.
    On November 20, 2003, H.R. 3521 was considered in the House 
under suspension of the rules, and passed the House by voice 
vote.
    H.R. 3521 was received in the Senate on November 21, 2003. 
On December 9, 2003 H.R. 3521 was read twice and referred to 
the Committee on Finance.
    No further action was taken on H.R. 3521 in the 108th 
Congress.

              STROKE TREATMENT AND ONGOING PREVENTION ACT

                              (H.R. 3658)

    To authorize programs to strengthen education, prevention, 
and treatment programs to improve health outcomes for stroke 
patients.

Summary

    H.R. 3658 amends the Public Health Service Act to 
strengthen education, prevention, and treatment programs to 
improve health outcomes for stroke patients.
    To increase public awareness of the signs of stroke, H.R. 
3658 authorizes the Secretary of the Department of Health and 
Human Services to carry out an education and information 
campaign. The Secretary is required to establish quantitative 
benchmarks to measure the impact of the campaign over time. To 
expand research information about stoke patients, H.R. 3658 
reauthorizes the Paul Coverdell National Acute Stroke Registry 
and Clearinghouse at the Centers for Disease Control and 
Prevention (CDC).
    To improve medical professional development in advanced 
stroke and traumatic injury treatment and prevention, H.R 3658 
authorizes two grant programs at the Department of Health and 
Human Services. The first authorizes the Secretary to make 
grants to public and nonprofit entities for the purpose of 
planning, developing, and enhancing approved residency training 
programs and other training for appropriate health professions 
in emergency medicine to improve stroke and traumatic injury 
prevention, diagnosis, treatment, and rehabilitation. The 
Secretary may also make grants to a consortium of public and 
private entities for the development and implementation of 
education programs for appropriate health care professions in 
the use of newly developed diagnostic approaches, technologies, 
and therapies to treat stroke or traumatic injury. The 
Secretary must report on the results of the activities of these 
two grant programs no later than one year after the allocation 
of grants.
    Finally, H.R. 3658 includes a five-year pilot project to 
improve stroke patient outcomes by coordinating health care 
delivery through existing telehealth networks. The Secretary is 
authorized to make up to seven grants to states or a consortium 
of states or political subdivisions for a period of up to three 
years. Recipients are required to establish baseline measures 
and benchmarks to evaluate program outcomes. Not later than 
March 31, 2010, the Secretary of Health and Human Services is 
required to report to Congress on the pilot project outcomes, 
including recommendations on how to promote stroke networks and 
recommendations on whether similar telehealth grant programs 
could be used to improve patient outcomes in other public 
health areas.

Legislative History

    H.R. 3658 was introduced by Ms. Capps on December 8, 2003, 
and was referred to the House Committee on Energy and Commerce.
    The Subcommittee on Health met in open markup session on 
January 28, 2004, and forwarded the bill to the Full Committee, 
amended, by a voice vote, a quorum being present.
    On March 3, 2004, the Full Committee on Energy and Commerce 
met in open markup session and ordered H.R. 3658 reported to 
the House, as amended, by a voice vote, a quorum being present.
    On March 30, 2004, the Committee on Energy and Commerce 
reported H.R. 3658 to the House (H. Rpt. 108-453).
    On June 14, 2004, H.R. 3658 was considered in the House 
under suspension of the rules and passed the House, as amended, 
by a voice vote.
    On June 15, 2004, H.R. 3658 was received in the Senate and 
referred to the Committee on Health, Education, Labor, and 
Pensions. No further action was taken on H.R. 3658 in the 108th 
Congress.

 UNDOCUMENTED ALIEN EMERGENCY MEDICAL ASSISTANCE ACT AMENDMENTS OF 2004

                              (H.R. 3722)

    To amend section 1011 of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 to impose conditions 
on Federal reimbursement of emergency health services furnished 
to undocumented aliens.

Summary

    H.R. 3722 amends the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 to: (1) prohibit 
Federal reimbursement of hospital-provided emergency and 
certain transportation services to undocumented aliens unless 
the hospital provides the Secretary of Homeland Security with 
information regarding an alien's citizenship, immigration 
status, financial data, and employer; (2) make the employer of 
certain undocumented aliens responsible for such costs; and, 
(3) direct the Secretary to initiate removal procedures against 
an alien determined to be removable under Federal immigration 
law. It also directs the Secretary of State to analyze the 
feasibility of effecting treaties for international medical 
evacuations.

Legislative History

    On January 21, 2004, H.R. 3722 was introduced by Mr. 
Rohrabacher, and was referred to the House Committee on Energy 
and Commerce.
    On May 17, 2004, H.R. 3722 was considered in the House 
under suspension of the rules. The bill failed to pass the 
House by a vote of 88 yeas and 331 nays.
    No further action was taken on H.R. 3722 in the 108th 
Congress.

                     AMYOTROPHIC LATERAL SCLEROSIS

                             (H. Res. 278)

    Recognizing the contributions Lou Gehrig and his legacy 
have made in the fight against Amyotrophic Lateral Sclerosis.

Summary

    H. Res. 278 recognizes the celebration of Lou Gehrig's 
100th birthday and commends the contribution Gehrig and his 
legacy have made to the search for better treatments and a cure 
for Amyotrophic Lateral Sclerosis (ALS). The Resolution 
supports cutting-edge research to find a cure for ALS. In 
addition, H. Res. 278 applauds all organizations, including the 
ALS Association, in their efforts to raise awareness about the 
disease, support research initiatives, and assist those 
suffering with ALS and their families.

Legislative History

    H. Res. 278 was introduced in the House by Mr. Engel and 
nineteen cosponsors on June 16, 2003, and was referred to the 
House Committee on Energy and Commerce.
    On June 19, 2003, H. Res. 278 was considered in the House 
by unanimous consent, and passed the House without objection.

                 AWARENESS OF HEART DISEASE AMONG WOMEN

                             (H. Res. 522)

    Expressing the sense of the House of Representatives that 
there is a critical need to increase awareness and education 
about heart disease and the risk factors of heart disease among 
women.

Summary

    H. Res. 522 declares the sense of the House of 
Representatives that there is a critical need to increase 
awareness and education about heart disease and the risk 
factors for heart disease among women.
    The resolution commends First Lady Laura Bush and the 
National Heart, Lung, and Blood Institute in their vital 
campaign to raise public awareness that heart disease is the 
number one killer of American women.
    The resolution also recognizes that the more women become 
cognizant of the scourge of heart disease and how to prevent 
it, the more likely they can make sound lifestyle changes to 
help reduce their chances of getting heart disease.

Legislative History

    H. Res. 522 was introduced in the House by Mr. Snyder and 
fifty-eight cosponsors on February 10, 2004, and was referred 
to the House Committee on Energy and Commerce.
    The Full Committee on Energy and Commerce met in open 
markup session on March 3, 2004, and ordered H. Res. 522 
reported to the House by voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H. Res. 522 
to the House on March 18, 2004 (H. Rpt. 108-440).
    On March 23, 2004, H. Res. 522 was considered in the House 
under suspension of the rules and passed the House on March 24, 
2004, by a vote of 420 yeas and 0 nays.

                           GIVE KIDS A SMILE

                             (H. Res. 567)

    Congratulating the American Dental Association for 
sponsoring the second annual ``Give Kids a Smile'' program 
which emphasizes the need to improve access to dental care for 
children, and thanking dentists for volunteering their time to 
help provide needed dental care.

Summary

    H. Res. 567 congratulates the American Dental Association 
for establishing and continuing its sponsorship of the ``Give 
Kids a Smile'' program and thanks the thousands of dentists, 
dental hygienists, dental assistants, and others who volunteer 
their time and support the program. The resolution also 
emphasizes the need to improve access to dental care for 
children.

Legislative History

    H. Res. 567 was introduced by Mr. Cantor on March 17, 2004, 
and was referred to the House Committee on Energy and Commerce.
    On September 30, 2004, the Committee on Energy and Commerce 
met in open markup session and ordered H. Res. 567 reported to 
the House by a voice vote, a quorum being present.
    On October 4, 2004, H. Res. 567 was considered by the House 
under suspension of the rules and passed the House by a vote of 
338 yeas and 0 nays.

SUPPORTING THE NEED TO PROVIDE CANCER PATIENTS WITH ACCESS TO TREATMENT 
                                OPTIONS

                             (H. Res. 669)

    To express the sense of the House of Representatives with 
respect to the need to provide prostate cancer patients with 
meaningful access to information on treatment options.

Summary

    H. Res. 669 expresses the sense of the House of 
Representatives that national and community organizations and 
health care providers have played a commendable role in 
supplying information concerning the importance of screening 
for prostate cancer and the treatment options available for 
patients with prostate cancer. The resolution also recommends 
that the Federal Government and the States should ensure that 
health care providers supply prostate cancer patients with 
appropriateinformation and any other tools necessary for 
prostate cancer patients to receive readily understandable descriptions 
of the advantages, disadvantages, benefits, and risks of all medically 
efficacious treatments for prostate cancer.

Legislative History

    Mr. Deal introduced H. Res. 669 in the House on June 9, 
2004, and was referred to the House Committee on Energy and 
Commerce.
    H. Res. 669 was considered in the House under suspension of 
the rule on June 14, 2004, and passed the same day by a vote of 
377 yeas and 3 nays.

      SECRETARY OF HEALTH AND HUMAN SERVICES RESOLUTION OF INQUIRY

                             (H. Res. 776)

    Of inquiry requesting the President and directing the 
Secretary of Health and Human Services provide certain 
documents to the House of Representatives relating to estimates 
and analyses of the cost of the Medicare prescription drug 
legislation.

Summary

    H. Res. 776 requests the President of the United States and 
directs the Secretary of Health and Human Services to provide 
certain documents to the House of Representatives relating to 
estimates and analysis of the cost of the Medicare prescription 
drug legislation. Specifically, the information requested is as 
follows: (1) any estimates and any analyses made by the 
Department of Health and Human Services or the Office of 
Management and Budget relating to the cost of any version of 
the Medicare prescription drug legislation; (2) any 
communications (whether written or electronic) relating to such 
cost estimates or analyses or their release to Members of 
Congress between employees within the executive branch; (3) any 
communications (whether written or electronic) relating to such 
cost estimates or analyses or their release to Members of 
Congress between employees of the executive branch and Members 
of Congress or their staff; and, (4) any communications 
(whether written or electronic) relating to such cost estimates 
or analyses or their release to Members of Congress between 
employees of the executive branch and persons other than 
employees of the executive branch or legislative branch. For 
purposes of this resolution the term 'any version of the 
Medicare prescription drug legislation' refers to any version 
of H.R. 1 or S. 1 (108th Congress), including the conference 
report on H.R. 1.

Legislative History

    Mr. Rangel and four cosponsors introduced H. Res. 776 on 
September 15, 2004. The resolution was referred to the House 
Committee on Energy and Commerce, and in addition to the 
Committee on Ways and Means.
    On September 30, 2004 the Full Committee on Energy and 
Commerce met in open markup session and ordered H. Res. 776 
adversely reported to the House, without amendment, by a 
recorded vote of 26 yeas and 21 nays, a quorum being present.
    On October 7, 2004, H. Res. 776 was reported adversely to 
the House by the Committee on Ways and Means (H. Rpt. 108-754, 
Part I).
    On October 8, 2004, H. Res. 776 was reported adversely to 
the House by the Committee on Energy and Commerce (H. Rpt. 108-
754, Part II).
    No further action was taken on H. Res. 776 in the 108th 
Congress.

   ENCOURAGING PRIVATE HEALTH INSURANCE COMPANIES TO PROMOTE HEALTHY 
                               LIFESTYLES

                           (H. Con. Res. 34)

    Expressing the sense of the Congress that private health 
insurance companies should take a proactive role in promoting 
healthy lifestyles.

Summary

    H. Con. Res. 34 commends Secretary of Health and Human 
Services Tommy Thompson for his efforts to encourage private 
health insurance companies to take action to encourage people 
in the United States to lead active lifestyles. It also 
expresses the sense of the Congress that private health 
insurance companies should: (1) do more to encourage people in 
the United States to lead a healthier and more active lifestyle 
to prevent expensive and painful illnesses; (2) provide 
discounted premiums to those who exercise regularly; and, (3) 
encourage frequent screening for diseases that are easily 
treatable in their early stages. Finally, the resolution 
applauds private health insurance companies that are already 
taking these actions.

Legislative History

    Ms. McCarthy introduced H. Con. Res. 34 in the House along 
with six cosponsors on February 12, 2003, and it was referred 
to the House Committee on Energy and Commerce.
    The Full Committee on Energy and Commerce met in open 
markup session on September 30, 2004, and ordered H. Con. Res. 
34 reported to the House by voice vote, a quorum being present.
    H. Con. Res. 34 was considered in the House under 
suspension of the rules on October 5, 2004, and passed the 
House by voice vote.
    The resolution was received in the Senate on October 6, 
2004.
    No further action was taken on H. Con. Res. 34 in the 108th 
Congress.

      U.S. CORPORATIONS CONTRIBUTIONS TO FAITH-BASED ORGANIZATIONS

                           (H. Con. Res. 108)

    Encouraging corporations to contribute to faith-based 
organizations.

Summary

    H. Con. Res. 108 encourages all U.S. corporations to make 
greater contributions to faith-based organizations battling 
societal challenges. The resolution also expresses the sense of 
Congress that such corporations are important partners with 
government in efforts to overcome social problems; and should 
not adopt policies that prohibit contributions to faith-based 
organizations.

Legislative History

    H. Con. Res. 108 was introduced by Mr. Mark Green on March 
20, 2003 and was referred to the House Committee on Energy and 
Commerce.
    On April 30, 2003, the Committee on Energy and Commerce met 
in open markup session and ordered H. Con. Res. 108 reported to 
the House, amended, by a voice vote.
    No further action was taken on H. Con. Res. 108 in the 
108th Congress.

   SUPPORTING THE GOALS AND IDEALS OF HUMAN GENOME MONTH AND DNA DAY

                           (H. Con. Res. 110)

    Recognizing the sequencing of the human genome as one of 
the most significant scientific accomplishments of the past one 
hundred years and expressing support for the goals and ideals 
of Human Genome Month and DNA Day.

Summary

    H. Con. Res. 110 recognizes: (1) the 50th anniversary of 
the accomplishment of describing the structure of 
deoxyribonucleic acid (DNA), the essential completion of the 
sequencing of the human genome in April 2003, and the 
development of a plan for the future of genomics; and, (2) the 
sequencing of the human genome as one of the most significant 
scientific accomplishments of the past 100 years. The 
resolution also expresses support for the goals and ideals of 
Human Genome Month (April 2003) and DNA Day (April 25, 2003).

Legislative History

    Ms. Slaughter introduced H. Con. Res. 110 in the House 
along with nine cosponsors on March 24, 2003, and was referred 
to the House Committee on Energy and Commerce.
    The Full Committee on Energy and Commerce met in open 
markup session on April 30, 2003, and ordered H. Con. Res. 110 
reported to the House by voice vote, a quorum being present.
    H. Con. Res. 110 was considered in the House under 
suspension of the rules on June 10, 2003, and passed the House 
on June 11, 2003 by a vote of 414 yeas and 0 nays.
    The resolution was received in the Senate on June 12, 2003, 
and referred to the Committee on Judiciary.
    No further action was taken on H. Con. Res. 110 in the 
108th Congress.

                   ANNIVERSARY OF THE ORPHAN DRUG ACT

                           (H. Con. Res. 147)

    Commemorating the 20th Anniversary of the Orphan Drug Act 
and the National Organization for Rare Disorders.

Summary

    H. Con. Res. 147 commemorates the 20th anniversary of the 
Orphan Drug Act and the National Organization for Rare 
Disorders and recognizes the contributions such Act has made to 
the rare disease community.

Legislative History

    H. Con. Res. 147 was introduced in the House by Mr. Foley 
and 14 cosponsors on April 10, 2003, and was referred to the 
House Committee on Energy and Commerce.
    The Full Committee on Energy and Commerce met in open 
markup session on April 30, 2003, and ordered H. Con. Res. 147 
reported to the House by voice vote, a quorum being present.
    The House considered H. Con. Res. 147 under suspension of 
the rules on May 19, 2003, and passed the House, as amended, by 
a vote of 386 yeas and 0 nays.
    The resolution was received in the Senate on May 20, 2003, 
and referred to the Committee on Judiciary.
    No further action was taken on H. Con. Res. 147 in the 
108th Congress.

              SUPPORTING THE NATIONAL MARROW DONOR PROGRAM

                           (H. Con. Res. 206)

    Supporting the National Marrow Donor Program and other bone 
marrow donor programs and encouraging Americans to learn about 
the importance of bone marrow donation.

Summary

    H. Con. Res. 206 expresses support for the goals and ideals 
of the National Marrow Donor Program and other bone marrow 
donor programs.

Legislative History

    H. Con. Res. 206 was introduced by Mr. Burgess and one 
cosponsor on June 4, 2003, and was referred to the House 
Committee on Energy and Commerce.
    On November 21, 2003, H. Con. Res. 206 was considered in 
the House under suspension of the rules and passed the House by 
a vote of 432 yeas and 2 nays.
    The resolution was received in the Senate on November 22, 
2003, and referred to the Committee on Health, Education, 
Labor, and Pensions on December 9, 2003.
    No further action was taken on H. Con. Res. 206 in the 
108th Congress.

                        DEFIBRILLATION PROGRAMS

                           (H. Con. Res. 250)

    Recognizing community organization of public access 
defibrillation programs.

Summary

    H. Con. Res. 250 recognizes the growing number of community 
activists, organizations, and municipal governments leading the 
national effort to establish public access defibrillation 
programs and encourages the continued development and 
implementation of programs in a variety of community venues.

Legislative History

    H. Con. Res. 250 was introduced by Mr. Brown (OH) on July 
23, 2003 and was referred to the House Committee on Energy and 
Commerce.
    On September 30, 2004, the Full Committee on Energy and 
Commerce met in open markup session and ordered H. Con. Res. 
250 reported to the House by a voice vote, a quorum being 
present.
    On October 5, 2004, H. Con. Res. 250 was considered in the 
House under suspension of the rules and was passed the House by 
a voice vote.
    On October 6, 2004, the resolution was received in the 
Senate.
    No further action was taken on H. Con. Res. 250 in the 
108th Congress.

 RECOGNIZING THE IMPORTANCE OF EARLY DIAGNOSIS, PROPER TREATMENT, AND 
             ENHANCED PUBLIC AWARENESS OF TOURETTE SYNDROME

                           (H. Con. Res. 430)

    Recognizing the importance of early diagnosis, treatment, 
and enhanced public awareness of Tourette Syndrome and 
supporting the goals and ideals of National Tourette Syndrome 
Awareness Month.

Summary

    H. Con. Res. 430 recognizes: (1) the impact that Tourette 
Syndrome can have on people living with the disorder; (2) the 
importance of an early diagnosis and proper treatment of 
Tourette Syndrome; and, (3) the need for enhanced public 
awareness of Tourette Syndrome. The resolution also expresses 
support for the goals and ideals of National Tourette Syndrome 
Awareness Month, as designated by the Tourette Syndrome 
Association, and encourages the President to issue a 
proclamation calling on the people of the United States and 
interested organizations to observe National Tourette Syndrome 
Awareness Month.

Legislative History

    Mr. Young (FL) introduced H. Con. Res. 430 on May 18, 2004, 
and it was referred to the Committee on Energy and Commerce.
    H. Con. Res. 430 was considered in the House under 
suspension of the rules on November 17, 2004, and passed the 
House by voice vote.
    The resolution was received in the Senate on November 18, 
2004.
    On December 8, 2004, H. Con. Res. 430 was referred to the 
Senate Committee on Health, Education, Labor, and Pensions.
    No further action was taken on H. Con. Res. 430 in the 
108th Congress.

                   NATIONAL NURSE PRACTITIONERS WEEK

                           (H. Con. Res. 500)

    Honoring the goals and ideals of National Nurse 
Practitioners Week.

Summary

    H. Con. Res. 500 honors the goals and ideals of National 
Nurse Practitioners Week and offers Congress' sincere support 
to nurse practitioners around the country as they continue to 
provide high-quality health care to many Americans.

Legislative History

    H. Con. Res. 500 was introduced by Mr. Burgess on September 
28, 2004 and was referred to the House Committee on Energy and 
Commerce.
    On October 6, 2004, H. Con. Res. 500 was considered by the 
House under suspension of the rules and was passed the House by 
a voice vote.
    On October 7, 2004, the resolution was received in the 
Senate.
    No further action was taken on H. Con. Res. 500 in the 
108th Congress.

                    NATIONAL AUTISM AWARENESS MONTH

                             (H. Res. 605)

    Recognizing the importance of increasing awareness of 
autism, supporting programs for increased research and improved 
treatment of autism, improving training and support for 
individuals with autism and those who care for individuals with 
autism, and for other purposes.

Summary

    H. Res. 605 supports the goals and ideals of a National 
Autism Awareness Month. The resolution recognizes and commends 
the parents and relatives of children with autism for their 
sacrifice and dedication in providing for the special needs of 
children with autism and for absorbing significant financial 
costs for specialized education and support services. The 
resolution supports aggressive research to: (1) determine 
causes of autism; (2) identify the best methods of early 
intervention and treatment; (3) expand programs for individuals 
with autism across their lifespan; and, (4) promote 
understanding of the special needs of individuals with autism.
    The resolution also commends the Department of Health and 
Human Services for implementing programs to study the 
epidemiology of autism and related disorders and advancing 
autism research at the Centers for Disease Control and 
Prevention and the National Institutes of Health.
    The resolution stresses the need to begin early 
intervention services soon after an individual has been 
diagnosed with autism, noting that early intervention 
strategies are the primary therapeutic options for individuals 
with autism and early intervention significantly improves 
outcomes for individuals with autism and can reduce the level 
of funding and services needed later in life.
    H. Res. 605 supports the Federal Government's commitment to 
provide states with part of the costs needed to educate 
children with disabilities under part B of the Individuals with 
Disabilities Education Act.
    The resolution encourages more Americans to pursue the 
teaching profession and to be trained with the skills necessary 
to teach, assist, and respond to special needs students, 
including those students with autism.
    The resolution recognizes the importance of worker training 
programs that meet the needs of developmentally disabled 
individuals, including those individuals with autism.
    Finally, H. Res. 605 notes that people with autism can be, 
and are, productive members of the workforce if they are given 
appropriate support, training, and early intervention services.

Legislative History

    H. Res. 605 was introduced in the House by Mr. Tierney and 
forty-five cosponsors on April 22, 2004, and was referred to 
the House Committee on Energy and Commerce, and in addition to 
the Committee on Education and the Workforce.
    On May 5, 2004, H. Res. 605 was considered in the House 
under suspension of the rules and passed the House, as amended, 
by vote of 421 yeas and 0 nays.

                   NATIONAL EPILEPSY AWARENESS MONTH

                           (S. Con. Res. 48)

    A concurrent resolution supporting the goals and ideals of 
``National Epilepsy Awareness Month'' and urging support for 
epilepsy research and service programs.

Summary

    S. Con. Res. 48 supports the goals and ideals of a National 
Epilepsy Awareness Month. Urges support for epilepsy research 
programs at the National Institutes of Health and at the 
Centers for Disease Control and Prevention.

Legislative History

    S. Con. Res. 48 was introduced in the Senate by Ms. Lincoln 
and six cosponsors on June 4, 2003 and referred to the Senate 
Committee on the Judiciary.
    On June 12, 2003, the Senate passed S. Con. Res. 48, 
amended, by unanimous consent.
    On June 16, 2003, S. Con. Res. 48 was received by the House 
and was referred to the House Committee on Energy and Commerce.
    On November 19, 2003, S. Con. Res. 48 was considered in the 
House under suspension of the rules and passed the House by a 
voice vote.

                          Oversight Activities


          ASSESSING THE NEED TO ENACT MEDICAL LIABILITY REFORM

    On February 27, 2003, the Subcommittee on Health held an 
oversight hearing assessing the need to enact medical liability 
reform. The hearing focused on the current medical liability 
crisis, what other factors contribute to rising medical 
malpractice premiums, and the potential impact of medical 
liability reforms, such as those proposed in H.R. 5, the Help 
Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act 
of 2003, on patients' rights, insurance companies and 
physicians. Testimony was received from a patient perspective 
and a health law attorney, as well as industry representatives 
and consumer advocacy groups.

                MEDICAID TODAY: THE STATES' PERSPECTIVE

    On March 12, 2003, the Subcommittee on Health held an 
oversight hearing examining the Medicaid program. The hearing 
focused on the governors' assessment of the current Medicaid 
program faces and ways to improve and strengthen the program. 
Specifically, the hearing focused on current and long term 
Medicaid financing, and other issues surrounding Medicaid. The 
only witnesses were three Governors who provided their views on 
the Medicaid program.

         HIV/AIDS, TB, AND MALARIA: COMBATING A GLOBAL PANDEMIC

    On March 20, 2003, the Health Subcommittee held a hearing 
on global pandemics of infectious diseases. The hearing focused 
on the global HIV/AIDS pandemic, specifically in Sub-Saharan 
Africa, and ways to prevent the spread of disease in the 
future. Testimony was received from the Department of Health 
and Human Services, as well as policy and industry specialists.

          FURTHERING PUBLIC HEALTH SECURITY: PROJECT BIOSHIELD

    On March 27, 2003, the Subcommittee on Health held an 
oversight hearing on Project Bioshield. Project Bioshield aims 
to spur the research and development of new vaccines, drugs, 
and other countermeasures to deal with those biological, 
chemical, nuclear or radiological agents that pose a material 
threat to our national security. Witnesses included Secretary 
of Health and Human Services, Tommy Thompson, and other experts 
in vaccine and drug research and development.

  DESIGNING A TWENTY-FIRST CENTURY MEDICARE PRESCRIPTION DRUG BENEFIT

    On April 8, 2003, the Subcommittee on Health held an 
oversight hearing to provide Members with a better 
understanding of the complexity involved in designing a 
Medicare drug benefit and some of the issues that needed to be 
considered in developing legislation creating the drug benefit, 
including program design and management tools necessary to 
ensure its affordability and long-term sustainability. 
Witnesses included former government officials and economic 
advisers from the Congressional Budget Office, the President's 
Council of Economic Advisors, and the Health Care Financing 
Administration, as well as consumer advocacy groups.

                  STRENGTHENING AND IMPROVING MEDICARE

    On April 9, 2003, the Subcommittee on Health held an 
oversight hearing to examine the long-term fiscal situation of 
the Medicare program and options for improving beneficiary 
choices within the program. Witnesses included a representative 
from the Centers for Medicare and Medicaid Services, policy and 
industry specialists, and a consumer advocacy group. In 
addition, one witness testified as a Medicare beneficiary.

   NATIONAL INSTITUTES OF HEALTH: DECODING OUR FEDERAL INVESTMENT IN 
                            GENOMIC RESEARCH

    On May 22, 2003, the Subcommittee on Health held an 
oversight hearing on genomic research activities at the 
National Institutes of Health. The hearing focused on how NIH 
is utilizing taxpayer dollars to improve and expand its 
research activities in the field of genomics research. 
Witnesses included representatives of the National Institute of 
Health, the Department of Energy, the Centers for Disease 
Control and Prevention, and university based and private sector 
researchers.

CONSUMER DIRECTED SERVICES: IMPROVING MEDICAID BENEFICIARIES' ACCESS TO 
                              QUALITY CARE

    On June 5, 2003, the Subcommittee on Health held an 
oversight hearing to examine several state demonstration 
projects that allow Medicaid beneficiaries with disabilities to 
manage some of their personal care services. The hearing 
focused on these demonstration programs, known generically as 
Cash and Counseling, which allow certain beneficiaries to 
choose to receive a monthly cash-allowance for personal care 
services based on a professional assessment of their needs. 
Witnesses discussed whether this program should be expanded 
nationwide and concerns with including other Medicaid-covered 
services within the program. Witnesses included representatives 
from Florida's program, as well as an advocacy group 
representing disabled beneficiaries, and the mother of a 
disabled beneficiary.

           NIH: MOVING RESEARCH FROM THE BENCH TO THE BEDSIDE

    On July 10, 2003, the Subcommittee on Health held an 
oversight hearing on the translation of medical research 
findings at the National Institutes of Health (NIH). The 
hearing focused on how NIH's technology transfer policies are 
working to bring new products to the market and improve public 
health, and evaluated whether NIH's technology transfer 
policies prohibit the federal government from fairly recouping 
research investments. Witnesses included representatives of the 
NIH, including the National Library of Medicine, the Food and 
Drug Administration, as well as representatives of the 
biotechnology industry, university researchers, and patient 
advocates.

       CHALLENGES FACING THE MEDICAID PROGRAM IN THE 21ST CENTURY

    On October 8, 2003, the Subcommittee on Health held an 
oversight hearing on the challenges facing the Medicaid 
program, including incentives for states to maximize federal 
contributions and financing.Witnesses at the hearing provided 
perspectives on the challenges facing the Medicaid program and 
suggested program changes. Witnesses included the Administrator for the 
Centers for Medicare and Medicaid Services, a delegate to a State House 
of Representatives, and a policy specialist from the health care 
industry.

  EVALUATING COORDINATION OF CARE IN MEDICAID: IMPROVING QUALITY AND 
                           CLINICAL OUTCOMES

    On October 15, 2003, the Subcommittee on Health held a 
hearing to examine how the Medicaid program coordinates care 
for its beneficiaries to improve health and quality of care. 
The hearing focused on the efforts to coordinate care through 
disease management, Primary Care Case Management programs, 
integrated managed care plans, and other new innovative state 
approaches. Witnesses included government health care officials 
from Florida, North Carolina and Indiana, and representatives 
from health care organizations.

PRESCRIPTION DRUG MONITORING: STRATEGIES TO PROMOTE TREATMENT AND DETER 
                        PRESCRIPTION DRUG ABUSE

    On March 4, 2004, the Subcommittee on Health held an 
oversight hearing on prescription drug monitoring programs. The 
hearing focused on examining the role of prescription drug 
monitoring programs in preventing and deterring prescription 
drug abuse. The hearing will consist of one panel of witnesses. 
Witnesses testifying included a Member of Congress, the 
Secretary of the Kentucky Cabinet for Health and Family 
Services, and representatives of the General Accounting Office 
and two trade associations.

INTER-GOVERNMENTAL TRANSFERS: VIOLATIONS OF THE FEDERAL-STATE MEDICAID 
              PARTNERSHIP OR LEGITIMATE STATE BUDGET TOOL?

    On March 18, 2004, the Subcommittee on Health held an 
oversight hearing to examine how some states use inter-
governmental transfers (IGTs), and the impact these funding 
mechanisms have on the growth in Federal Medicaid spending. 
Witnesses included officials from the U.S. General Accounting 
Offices and the U.S. Department of Health and Human Services 
Office of Inspector General, as well as a hospital 
representative.
    On April 1, 2004, the Subcommittee on Health held its 
second oversight hearing to examining IGTs. Witnesses included 
representative from the Centers for Medicare and Medicaid 
Services and the Ohio Office of Medicaid.

                 NIH: RE-ENGINEERING CLINCIAL RESEARCH

    On March 25, 2004, the Subcommittee on Health held a joint 
oversight hearing with the Subcommittee on Emergency 
Preparedness of the Select Committee on Homeland Security on 
clinical research activities at the National Institutes of 
Health (NIH). The hearing focused on how NIH is conducting 
clinical research and highlighted areas for improvement. 
Witnesses included the Director of the NIH, as well as 
representatives of the biotechnology industry, patient advocacy 
organizations, and university researchers.

PHYSICIAN FEE SCHEDULE: A REVIEW OF THE CURRENT MEDICARE PAYMENT SYSTEM

    On May 5, 2004, the Subcommittee on Health held an 
oversight hearing on the history of how physicians and other 
health professionals are reimbursed under Medicare. The hearing 
also focused on the mechanics of the current payment system, 
including the formula used to annually update payment made to 
doctors under the Medicare physician fee schedule. Witnesses 
included representatives from the U.S. General Accounting 
Office, Congressional Budget Office, and Medicare Payment 
Advisory Commission.

               MEDICARE PRESCRIPTION DRUG DISCOUNT CARDS

    On May 20, 2004, the Subcommittee on Health held a hearing 
regarding implementation of the Medicare Drug Discount Card 
Program established in the Medicare Modernization Act. The 
hearing focused on efforts to educate beneficiaries about the 
new benefit, and savings that they may realize from enrolling 
in the program. Witnesses included the Administrator for the 
Centers for Medicare and Medicaid Services, as well as industry 
and consumer advocacy representatives and a Medicare 
beneficiary.

  SCIENTIFIC OPPORTUNITIES AND PUBLIC NEEDS: BALANCING NIH'S PRIORITY 
                            SETTING PROCESS

    On June 2, 2004, the Subcommittee on Health held an 
oversight hearing on the National Institutes of Health budget 
and priority setting process. The hearing focused on examining 
how the National Institutes of Health set research priorities 
to meet public health needs and advance scientific 
opportunities. Witnesses included representatives of the 
National Institutes of Health.

 IMPLEMENTATION OF THE FOOD SECURITY PROVISIONS FOR THE PUBLIC HEALTH 
        SECURITY AND BIOTERRORISM PREPAREDNESS AND RESPONSE ACT

    On June 25, 2004, the Subcommittee on Health held an 
oversight hearing to review the implementation of food security 
provisions. The hearing reviewed new requirements for 
registration of food processors, prior notice of imported food 
shipments, establishment and maintenance of records, and 
administrative detention. The Public Health Security and 
Bioterrorism Preparedness and Response Act, enacted in the 
107th Congress, mandated these requirements. Witnesses 
includedrepresentatives of the Food and Drug Administration, U.S. 
Customs, the food processing and distribution industries.

    ASSESSING DIGESTIVE DISEASE RESEARCH AND TREATMENT OPPORTUNITIES

    On July 8, 2004, the Subcommittee on Health held an 
oversight hearing on digestive disease research and treatment 
programs. The hearing focused on raising awareness about 
digestive diseases and examining what the National Institutes 
of Health and others are doing to study these diseases and 
improve patient outcomes. Witnesses included representatives of 
the National Institutes of Health, patient advocates, and 
university researchers.

 HEALTH INFORMATION TECHNOLOGY: IMPROVING QUALITY AND VALUE OF PATIENT 
                                  CARE

    On July 22, 2004, the Subcommittee on Health held an 
oversight hearing examining health information technology. The 
hearing provided the Committee with an opportunity to assess 
the Administration's new strategic information technology 
framework. The hearing also explored the promise that health 
information technology holds for improving America's healthcare 
system and examined barriers that have slowed the adoption of 
this technology by hospitals, doctors, and other providers of 
healthcare. Witnesses included the Health and Human Services 
Secretary Tommy Thompson, and a representative of the U.S. 
Department of Veterans Affairs and other policy experts.

   KEEPING SENIORS HEALTHY: NEW PREVENTIVE BENEFITS IN THE MEDICARE 
                           MODERNIZATION ACT

    On September 21, 2004, the Subcommittee on Health held a 
hearing to examine the preventive benefits in the Medicare 
program, specifically the expansion of preventive benefits 
under the Medicare Modernization Act, which take effect January 
1, 2005. Witnesses provided insight on the need for these 
services, how the medical community determines the 
appropriateness of utilizing these services, and mechanisms to 
ensure beneficiaries take advantage of them. Witnesses included 
representatives from the Agency for Healthcare Research and 
Quality, U.S. Government Accountability Office, and a non-
profit research organization.

   IMPROVING WOMEN'S HEALTH: UNDERSTANDING DEPRESSION AFTER PREGNANCY

    On September 29, 2004, the Subcommittee on Health held an 
oversight hearing on depression after pregnancy. The hearing 
focused on raising awareness about depression experienced by 
some women after pregnancy. Testimony was received from patient 
advocates and medical practitioners.

  FLU VACCINE: PROTECTING HIGH-RISK INDIVIDUALS AND STRENGTHENING THE 
                                 MARKET

    On November 18, 2004, the Subcommittee on Health and the 
Subcommittee on Oversight and Investigations held a joint 
hearing on the flu vaccine shortage, ways to protect high-risk 
individuals for this flu season, and decrease the chances of 
this problem happening next year. The Committee received 
testimony from representatives from the Department of Health 
and Human Services, the Government Accountability Office, a 
state health department, and various segments of the health 
care industry.

                             Hearings Held

    Assessing the Need to Enact Medical Liability Reform.--
Oversight hearing on Assessing the Need to Enact Medical 
Liability Reform. Hearing held on February 27, 2003. PRINTED, 
Serial Number 108-2.
    Medicaid Today: The States' Perspective.--Oversight hearing 
on Medicaid Today: The States' Perspective. Hearing held on 
March 12, 2003. PRINTED, Serial Number 108-24.
    HIV/AIDS, TB, and Malaria: Combating a Global Pandemic.--
Oversight hearing on HIV/AIDS, TB, and Malaria: Combating a 
Global Pandemic. Hearing held on March 20, 2003. PRINTED, 
Serial Number 108-10.
    Furthering Public Health Security: Project BioShield.--
Joint oversight hearing with the Subcommittee on Emergency 
Preparedness of the Select Committee on Homeland Security on 
Furthering Public Health Security: Project BioShield. Hearing 
held on March 27, 2003. PRINTED, Serial Number 108-11.
    Designing a Twenty-First Century Medicare Prescription Drug 
Benefit.--Oversight hearing on Designing a Twenty-First Century 
Medicare Prescription Drug Benefit. Hearing held on April 8, 
2003. PRINTED, Serial Number 108-25.
    Strengthening and Improving Medicare.--Oversight hearing on 
Strengthening and Improving Medicare. Hearing held on April 9, 
2003. PRINTED, Serial Number 108-22.
    National Institutes of Health: Decoding our Federal 
Investment in Genomic Research.--Oversight hearing on National 
Institutes of Health: Decoding our Federal Investment in 
Genomic Research. Hearing held on May 22, 2003. PRINTED, Serial 
Number 108-23.
    Consumer Directed Services: Improving Medicaid 
Beneficiaries' Access to Quality Care.--Oversight hearing on 
Consumer Directed Services: Improving Medicaid Beneficiaries' 
Access to Quality Care. Hearing held on June 5, 2003. PRINTED, 
Serial Number 108-28.
    NIH: Moving Research from the Bench to the Bedside.--
Oversight hearing on NIH: Moving Research from the Bench to the 
Bedside. Hearing held on July 10, 2003. PRINTED, Serial Number 
108-38.
    Health Insurance Certificate Act of 2003.--Hearing on H.R. 
2698, Health Insurance Certificate Act of 2003. Hearing held on 
July 17, 2003. PRINTED, Serial Number 108-44.
    Challenges Facing the Medicaid Program in the 21st 
Century.--Oversight hearing on Challenges Facing the Medicaid 
Program in the 21st Century. Hearing held on October 8, 2003. 
PRINTED, Serial Number 108-58.
    Evaluating Coordination of Care in Medicaid: Improving 
Quality and Clinical Outcomes.--Oversight hearing on Evaluating 
Coordination of Care in Medicaid: Improving Quality and 
Clinical Outcomes. Hearing held on October 15, 2003. PRINTED, 
Serial Number 108-57.
    Prescription Drug Monitoring: Strategies to Promote 
Treatment and Deter Prescription Drug Abuse.--Oversight hearing 
on Prescription Drug Monitoring: Strategies to Promote 
Treatment and Deter Prescription Drug Abuse. Hearing held on 
March 4, 2004. PRINTED, Serial Number 108-73.
    Inter-governmental Transfers: Violations of the Federal-
State Medicaid Partnership or Legitimate State Budget Tool?--
Oversight hearing on Inter-governmental Transfers: Violations 
of the Federal-State Medicaid Partnership or Legitimate State 
Budget Tool? Hearings held on March 18, 2004 and April 1, 2004. 
PRINTED, Serial Number 108-76.
    NIH: Re-engineering Clinical Research.--Oversight hearing 
on NIH: Re-engineering Clinical Research. Hearing held on March 
25, 2004. PRINTED, Serial Number 108-69.
    Physician Fee Schedule: A Review of the Current Medicare 
Payment System.--Oversight hearing on Physician Fee Schedule: A 
Review of the Current Medicare Payment System. Hearing held on 
May 5, 2004. PRINTED, Serial Number 108-95.
    Faster and Smarter Funding for First Responders Act of 
2004.--Hearing on H.R. 3266, Faster and Smarter Funding for 
First Responders Act of 2004. Hearing held on May 11, 2004. 
PRINTED, Serial Number 108-102.
    Medicare Prescription Drug Discount Cards: Immediate 
Savings for Seniors.--Oversight hearing on Medicare 
Prescription Drug Discount Cards: Immediate Savings for 
Seniors. Hearing held on May 20, 2004. PRINTED, Serial Number 
108-130.
    Scientific Opportunities and Public Needs: Balancing NIH's 
Priority Setting Process.--Oversight hearing on Scientific 
Opportunities and Public Needs: Balancing NIH's Priority 
Setting Process. Hearing held on June 2, 2004. PRINTED, Serial 
Number 108-131.
    Implementation of the Food Security Provisions of the 
Public Health Security and Bioterrorism Preparedness and 
Response Act.--Oversight hearing on Implementation of the Food 
Security Provisions of the Public Health Security and 
Bioterrorism Preparedness and Response Act. Hearing held on 
June 25, 2004. PRINTED, Serial Number 108-114.
    Assessing Digestive Diseases Research and Treatment 
Opportunities.--Oversight hearing on Assessing Digestive 
Diseases Research and Treatment Opportunities. Hearing held on 
July 8, 2004. PRINTED, Serial Number 108-94.
    Health Information Technology: Improving Quality and Value 
of Patient Care.--Oversight hearing on Health Information 
Technology: Improving Quality and Value of Patient Care. 
Hearing held on July 22, 2004. PRINTED, Serial Number 108-132.
    Keeping Seniors Healthy: New Preventive Benefits in the 
Medicare Modernization Act.--Oversight hearing on Keeping 
Seniors Healthy: New Preventive Benefits in the Medicare 
Modernization Act. Hearing held on September 21, 2004. PRINTED, 
Serial Number 108-117.
    Improving Women's Health: Understanding Depression After 
Pregnancy.--Oversight hearing on Improving Women's Health: 
Understanding Depression After Pregnancy. Hearing held on 
September 29, 2004. PRINTED, Serial Number 108-133.
    Flu Vaccine: Protecting High-Risk Individuals and 
Strengthening the Market.--Joint oversight hearing with the 
Subcommittee on Oversight and Investigations on Flu Vaccine: 
Protecting High-Risk Individuals and Strengthening the Market. 
Hearing held on November 18, 2004. PRINTED, Serial Number 108-
134.
          Subcommittee on Telecommunications and the Internet

           (Ratio 18-15)

  FRED UPTON, Michigan, Chairman

EDWARD J. MARKEY, Massachusetts      MICHAEL BILIRAKIS, Florida
ALBERT R. WYNN, Maryland             CLIFF STEARNS, Florida
KAREN McCARTHY, Missouri               Vice Chairman
MICHAEL F. DOYLE, Pennsylvania       PAUL E. GILLMOR, Ohio
JIM DAVIS, Florida                   CHRISTOPHER COX, California
CHARLES A GONZALEZ, Texas            NATHAN DEAL, Georgia
RICK BOUCHER, Virginia               ED WHITFIELD, Kentucky
EDOLPHUS TOWNS, New York             BARBARA CUBIN, Wyoming
BART GORDON, Tennessee               JOHN SHIMKUS, Illinois
PETER DEUTSCH, Florida               HEATHER WILSON, New Mexico
BOBBY L. RUSH, Illinois              CHARLES W. ``CHIP'' PICKERING, 
ANNA G. ESHOO, California            Mississippi
BART STUPAK, Michigan                VITO FOSSELLA, New York
ELIOT L. ENGEL, New York             STEVE BUYER, Indiana
JOHN D. DINGELL, Michigan            CHARLES F. BASS, New Hampshire
  (ex officio)                       MARY BONO, California
                                     GREG WALDEN, Oregon
                                     LEE TERRY, Nebraska
                                     JOE BARTON, Texas
                                       (ex officio)

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

                         Legislative Activities


                ORBIT TECHNICAL CORRECTIONS ACT OF 2003

                     Public Law 108-39 (H.R. 2312)

    To amend the Communications Satellite Act of 1962 to 
provide for the orderly dilution of the ownership interest in 
Inmarsat by former signatories to the Inmarsat Operating 
Agreement.

Summary

    H.R. 2312 amended the Communications Satellite Act of 1962 
to extend until June 30, 2004, the deadline for conducting an 
initial public offering of securities for the successor 
entities of Inmarsat; and allow the Federal Communications 
Commission to extend such deadline to not later than December 
31, 2004.

Legislative History

    H.R. 2312 was introduced in the House on June 3, 2003 by 
Mr. Shimkus and four cosponsors, and was referred to the 
Committee on Energy and Commerce.
    On June 12, 2003, H.R. 2312 passed the House by unanimous 
consent.
    On June 17, 2003, H.R. 2312 was received in the Senate. On 
June 20, 2003, the bill passed the Senate without amendment by 
unanimous consent and was cleared for the White House.
    The President signed H.R. 2312 on June 30, 2003 (Public Law 
108-39).

A BILL TO AMEND THE COMMUNICATIONS SATELLITE ACT OF 1962 TO EXTEND THE 
           DEADLINE FOR THE INTELSAT INITIAL PUBLIC OFFERING

                      Public Law 108-228 (S. 2315)

    To amend the Communications Satellite Act of 1962 to extend 
the deadline for the INTELSAT initial public offering.

Summary

    S. 2315 amends section 621(5)(A)(i) of the Communications 
Satellite Act of 1962 (47 U.S.C. 763(5)(A)(i)) by moving the 
initial public offering deadline for INTELSAT from December 31, 
2003 to June 30, 2005, and allowing the Federal Communications 
Commission to extend the deadline not later than December 31, 
2005.

Legislative History

    S. 2315 was introduced in the Senate on April 8, 2004, by 
Senator Burns. On April 27, 2004, the Senate passed S. 2315 
without amendment by unanimous consent.
    On April 28, 2004, S. 2315 was received in the House and 
referred to the Committee on Energy and Commerce.
    On May 5, 2004, and the House passed S. 2315 by unanimous 
consent.
    On May 18, 2004, S. 2315 was signed by the President 
(Public Law 108-228).

CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING ACT 
                                OF 2003

           Public Law 108-187 (S. 877, H.R. 2214, H.R. 2515)

    A bill to regulate interstate commerce by imposing 
limitations and penalties on the transmission of unsolicited 
commercial electronic mail via the Internet.

Summary

    Certain provisions within S. 877 are applicable 
specifically to wireless services. The bill requires the 
Federal Communications Commission (FCC), in consultation with 
the Federal Trade Commission, to promulgate rules to protect 
consumers from unwanted mobile service commercial messages. In 
promulgating such rules, the FCC is requiredto take into 
consideration whether a provider of mobile commercial services has a 
previously existing relationship with a subscriber. The FCC is also 
required to consider the ability of a sender of a commercial electronic 
mail message to reasonably determine that the message is a mobile 
service commercial message.

Legislative History

    On April 10, 2003, S. 877 was introduced by Senator Burns 
and referred to the Committee on Commerce, Science, and 
Transportation. On July 16, 2003, the Committee met in open 
markup session and favorably reported S. 877, with an amendment 
in the nature of a substitute.
    On May 22, 2003, H.R. 2214 was introduced by Mr. Burr, was 
referred to the Committee on Energy and Commerce, and the 
Committee on the Judiciary.
    On June 18, 2003, H.R. 2515 the Anti-Spam Act of 2003, 
sponsored by Mrs. Wilson, was referred to the Committee on 
Energy and Commerce, and the Committee on the Judiciary.
    On July 9, 2003, the Subcommittee on Telecommunications and 
the Internet held a joint oversight hearing with the 
Subcommittee on Commerce, Trade, and Consumer Protection on 
three legislative proposals; H.R. 2214, The Reduction in the 
Distribution of Spam Act of 2003; H.R. 2515, Anti-Spam Act of 
2003; and S. 877, Controlling the Assault of Non-Solicited 
Pornography and Marketing Act of 2003.
    No further action was taken on H.R. 2214 and H.R. 2515 in 
the 108th Congress.
    On October 22, 2003, S. 877 passed the Senate with an 
amendment by a roll call vote of 97 yeas and 0 nays.
    S. 877 was received in the House and held at the desk on 
October 24, 2003. The bill was considered in the House under 
suspension of the rules on November 21, 2003. On November 22, 
2003, the House passed the bill, as amended, by a vote of 392 
yeas to 5 nays.
    On November 25, 2003, the Senate concurred with the House 
amendment, with an amendment, by unanimous consent.
    On December 8, 2003, the bill was received in the House. By 
unanimous consent the House agreed to the Senate amendment 
without objection.
    S. 877 was presented to the President on December 11, 2003, 
and on December 16, 2003, the President signed S. 877 (Public 
Law 108-187).

                  2004 CONSOLIDATED APPROPRIATIONS ACT

                     Public Law 108-199 (H.R. 2673)

    An Act making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2004, and for other 
purposes.

Summary

    This Act contained a variety of 2004 appropriations 
provisions, including those that originated in the House and 
Senate Commerce, Justice, and State appropriations bills. 
Section 629 of the bill amended section 202(c) of the 
Telecommunications Act of 1996 to require the Federal 
Communications Commission (the Commission) to amend its rules 
to raise to 39 percent from 35 percent the potential national 
audience reach cap for broadcast television station licensees. 
Doing so changed a decision by the Commission to raise the cap 
to 45 percent. Broadcasters that exceed the cap for reasons 
other than population growth have two years to divest. The 
Commission may not forbear under section 10 of the 
Communications Act of 1934 from applying the 39-percent cap. 
Section 629 of the Act also replaced the Commission's biennial 
review of media ownership regulation with a quadrennial review, 
and stated that the 39-percent cap shall not be subject to that 
quadrennial review.

Legislative History

    Mr. Wolf introduced H.R. 2799, the House Commerce, Justice, 
and State appropriations bill, on July 21, 2003. The bill, as 
amended, contained language that would have reinstated the 35-
percent potential national audience reach cap.
    Senator Gregg introduced S. 1585, the Senate Commerce, 
Justice, and State appropriations bill, on September 5, 2003. 
It also contained language reinstating the 35-percent potential 
audience reach cap when it was reported out of the Senate 
Appropriations Committee.
    On July 9, 2003, Mr. Bonilla introduced H.R. 2673, the 
House Agriculture, Rural Development, and Food and Drug 
Administration appropriations.
    H.R. 2673 was considered in the House on July 14, 2003, and 
passed the House by a vote of 347 yeas and 64 nays. The bill 
was received in the Senate on July 15, 2003.
    On November 6, 2003, the Senate passed H.R. 2673, with an 
amendment by a vote of 93 yeas and 1 nay, and requested a 
conference.
    The House disagreed to the Senate amendment on November 18, 
2003, and agreed to a conference.
    On November 19, 2003, a conference was held.
    On December 8, 2003, the House considered the conference 
report to accompany H.R. 2673 (H. Rpt. 108-401), which 
contained language creating a 39-percent potential audience 
reach cap. The House agreed to the conference report by a vote 
of 242 yeas and 176 nays.
    The Senate passed the conference report by a vote of 65 
yeas and 28 nays on January 22, 2004.
    On January 22, 2003 the bill was presented to the 
President, who signed H.R. 2673 on January 23, 2004 (Public Law 
108-199).

   MODIFYING AND EXTENDING CERTAIN PRIVATIZATION REQUIREMENTS OF THE 
                  COMMUNICATIONS SATELLITE ACT OF 1962

                      Public Law 108-371 (S. 2896)

    A bill to modify and extend certain privatization 
requirements of the Communications Satellite Act of 1962.

Summary

    S. 2896 amends the Communications Satellite Act of 1962 to 
extend until June 30, 2005, the deadline for conducting an 
initial public offering of securities for Inmarsat. The bill 
also allows a successor entity to forgo an initial public 
offering and public securities listing if the entity adequately 
certifies to the Federal Communications Commission that the 
entity has achieved substantial dilution of signatory financial 
interests, that any signatories that retain a financial 
interest do not possess effective control of such entity, and 
that no intergovernmental organization has any ownership 
interest in a successor entity of INTELSAT or more than a 
minimal interest in a successor entity of Inmarsat.

Legislative History

    S. 2896 was introduced in the Senate by Senator Burns, read 
twice, considered, read the third time, and passed without 
amendment by unanimous consent on October 5, 2004.
    On October 6, 2004, S. 2896 was received in the House and 
held at the desk. The House passed S. 2896 by unanimous consent 
on October 8, 2004.
    S. 2896 was presented to the President on October 13, 2004, 
and signed by the President on October 25, 2004 (Public Law 
108-371).

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005

                Public Law 108-375 (H.R. 4200, S. 2400)


                    (Telecommunications Provisions)

    To authorize appropriations for fiscal year 2005 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 
Energy, to prescribe personnel strengths for such fiscal year 
for the Armed Forces, and for other purposes.

Summary

    S. 2400 contained provisions that increased the Federal 
Communications Commission penalties for the broadcast of 
indecent material up to $275,000 per incident, set out 
additional factors for the Commission to consider when 
examining broadcast indecency violations, regulated violent 
television programming, and suspended media ownership rules 
adopted by the Commission.

Legislative History

    On April 22, 2004, Mr. Hunter introduced H.R. 4200 by 
request, and the bill was referred to the House Committee on 
Armed Services.
    There was an exchange of correspondence between the 
Committee on Energy and Commerce and the Committee on Armed 
Services on May 14, 2004.
    On May 14, 2004, the Committee on Armed Service reported 
H.R. 2400 to the House, amended (H. Rpt. 108-491).
    H.R. 4200 was considered in the House on May 19 and 20, 
2004, under the provisions of H. Res. 648. The bill passed the 
House by vote of 391 yeas and 34 nays.
    On June 23, 2004, the bill passed the Senate with an 
amendment by unanimous consent. The Senate insisted on its 
amendment, asked for a conference, and appointed conferees.
    The House disagreed to the Senate amendment on September 
28, 2004, agreed to a conference agreed and appointed 
conferees. The Speaker appointed conferees from the Committee 
on Energy and Commerce for consideration of secs. 596, 601, 
3111, 3131, 3133 and 3201 of the House bill, and secs. 321-323, 
716, 720, 1084-1089, 1091, 2833, 3116, 3119, 3141, 3142, 3145, 
3201, and 3503 of the Senate amendment, and modifications 
committed to conference, Messrs. Barton, Upton, and Dingell.
    A conference was held on September 29, 2004, and on October 
8, 2004 the conference report was filed (H. Rpt. 108-767).
    On October 8, 2004, H. Res. 843, providing for the 
consideration of the conference report to accompany H.R. 4200, 
passed the House by voice vote. Then, on October 9, 2004, the 
conference report was considered in the House under the 
provisions of H. Res. 843. The conference report passed the 
House by a vote of 359 yeas and 14 nays.
    Senate agreed to conference report by unanimous consent on 
October 9, 2004.
    On October 21, 2004, the bill was presented to President, 
and was signed by the President on October 28, 2004 (Public Law 
108-375).

                 CONSOLIDATED APPROPRIATIONS ACT, 2005

                Public Law 108-447 (H.R. 4818, S. 2812)


                    (Telecommunications Provisions)

    Making appropriations for foreign operations, export 
financing, and related programs for the fiscal year ending 
September 30, 2005, and for other purposes.

Summary

    Title IX of Division J of H.R. 4818 reauthorizes certain 
expiring communications and copyright act provisions that 
govern the retransmission of broadcast television signals by 
direct broadcast satellite (DBS) providers such as DirecTV and 
EchoStar. It also modernizes other provisions to enhance 
consumer choice, increase parity betweensatellite and cable 
operators, and further promote competition. Because Title IX implicates 
both communications and copyright issues, the House Energy and Commerce 
Committee and the House Judiciary Committee worked together closely. 
The Communications Act provisions in Title IX stem from H.R. 4501, 
which passed the House Energy and Commerce Committee. The copyright act 
provisions stem from H.R. 4518, which passed the House Judiciary 
Committee. These provisions were combined with communications and 
copyright act provisions that originated in the Senate Commerce and 
Judiciary committees.
    The Communications Act provisions would: (1) extend to 
December 31, 2009, from December 31, 2004, the retransmission 
consent exemption that allows satellite operators to provide 
distant broadcast signals to unserved households without having 
to compensate the distant broadcasters; (2) allow satellite 
operators to carry on a comparable basis the same 
``significantly viewed'' broadcast signals that cable operators 
may already carry; (3) require satellite operators within 18 
months of enactment to enable all subscribers in a market in 
which local signals are available over their satellite service 
to be able to receive over a single satellite dish all the 
local analog broadcast stations in that market, and to be able 
to receive over a single satellite dish all the local digital 
channels in that market, although the local analog and local 
digital channels may be on separate dishes; (4) allow, but not 
require, satellite operators to carry low-power television 
stations; (5) require satellite operators to stop offering 
distant broadcasts signals once they carry local signals, but 
grandfather certain existing subscribers; (6) extend to 
satellite operators the same privacy obligations that cable 
operators are subject to; and (7) codify existing practice 
allowing satellite operators to provide distant digital signals 
to consumers in analog white areas, and allow satellite 
operators to begin providing distant digital signals in digital 
white areas as early as April 2006.

Legislative History

    On July 13, 2004, the House Committee on Appropriations 
reported an original measure to the House (H. Rpt. 108-599). 
The measure was introduced by Mr. Kolbe as H.R. 4818 on the 
same day.
    The House considered H.R. 4818 under the provisions of H. 
Res. 715, and on July 15, 2004 the House passed H.R. 4818 by a 
vote of 365 yeas and 41 nays.
    On July 19, 2004, the bill was received in the Senate, read 
twice, and referred to the Committee on Appropriations.
    On September 23, 2004, the Senate Committee on 
Appropriations discharged by unanimous consent, and was 
considered in the Senate. H.R. 4818 passed the Senate in lieu 
of S. 2812 with an amendment by voice vote. The Senate insisted 
on its amendment, asked for a conference, and appointed 
conferees.
    On November 16, 2004, the House disagreed to the Senate 
amendment, and agreed to a conference without objection.
    On November 17, 2004, the conferees agreed to file the 
conference report, and filed the conference report on November 
20, 2004 (H. Rpt. 108-792).
    Conference report to accompany H.R. 4818 was considered in 
the House under the provisions of H. Res. 866, and passed the 
House by 344 yeas, 51 nays, and 1 present on November 20, 2004.
    The Senate passed the conference report by a vote of 65 
yeas and 30 nays on November 20, 2004.
    The conference report was held at desk, pending the 
adoption of H. Con. Res. 528, which directed the Clerk of the 
House of Representatives to make corrections in the enrollment 
of H.R. 4818. The Senate passed H. Con. Res. 528 on November 
20, 2004 and the House passed H. Con. Res. 528 on December 6, 
2004.
    H.R. 4818 was presented to the President on December 7, 
2004, and was signed by the President on December 8, 2004 
(Public Law 108-447).

        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

                 Public Law 108-458 (H.R. 10, S. 2845)


                    (Telecommunications Provisions)

    A bill to provide for reform of the intelligence community, 
terrorism prevention and prosecution, border security, and 
international cooperation and coordination, and for other 
purposes.

Summary

    Section 7501 of the conference report filed with S. 2845 
expresses the sense of Congress that Congress must pass 
legislation in the first session of the 109th Congress to 
establish a comprehensive approach to the return of television 
broadcast spectrum as early as December 31, 2006. Such 
legislation is necessary because Congress gave television 
broadcasters additional 6 megahertz blocks of spectrum in 1997 
to transmit digital broadcasts simultaneously with the analog 
broadcasts they transmit on their original 6 megahertz blocks 
of spectrum. Broadcasters in a market are each supposed to 
cease analog transmissions and return 6 megahertz of spectrum 
by the later of December 31, 2006, or once more than 85-percent 
of television households in the market can receive digital 
channels using a digital television, a digital-to-analog 
converter box, cable service, or satellite service. Once 
returned, 24 megahertz of the spectrum is to be repurposed for 
public safety use and the rest can be auctioned for advanced 
commercial services, such as wireless broadband. Unfortunately, 
the 85-percent penetration test could delay the termination of 
analog broadcasts and the return of spectrum well beyond 2007. 
Absent comprehensive digital television transition legislation, 
the 85-percent test will hinder the repurposing of spectrum for 
these important public safety and advanced commercial uses.

Legislative History

    H.R. 10 was introduced by Speaker Hastert on September 24, 
2004, and referred primarily to the Permanent Select Committee 
onIntelligence, and in addition to the Committee on Armed 
Services, the Committee on Education and the Workforce, the Committee 
on Energy and Commerce, the Committee on Financial Services, the 
Committee on Government Reform, the Committee on International 
Relations, the Committee on the Judiciary, the Committee on Rules, the 
Committee on Science, the Committee on Transportation and 
Infrastructure, the Committee on Ways and Means, and the Select 
Committee on Homeland Security, for a period to be subsequently 
determined by the Speaker.
    On October 4, 2004, the Committee on Energy and Commerce 
was granted an extension for further consideration ending not 
later than October 5, 2004. The Committee on Energy and 
Commerce was discharged on October 5, 2004.
    On October 7 and 8, 2004, H.R. 10 was considered in the 
House under the provisions of H. Res. 827. Section 5011 was 
adopted as part of an en bloc amendment on the floor of the 
House by voice vote on October 8, 2004 (Amendment 793 offered 
by Mr. Hoekstra). H.R. 10 passed the House by a vote of 282 
yeas and 134 nays on October 8, 2004.
    No further action was taken on H.R. 10 in the 108th 
Congress, but H.R. 10 was superseded by S. 2845.
    On September 23, 2004, S. 2845 was introduced by Senator 
Collins, read the first time, and placed on Senate Legislative 
Calendar under Read the First Time.
    On September 24, 2004, the bill was read the second time 
and placed on Senate Legislative Calendar under General Orders.
    S. 2845 passed the Senate with amendments by a vote of 96 
yeas and 2 nays on October 6, 2004.
    On October 16, 2004, the House is considered to have taken 
S. 2845 from the Speaker's table, stricken all after the 
enacting clause and inserted the text of H.R. 10 as passed by 
the House, pursuant to H. Res. 827. The House insisted on its 
amendment and asked for a conference pursuant to H. Res. 827.
    The Senate disagreed to House amendment on October 16, 
2004, agreed to request for conference, and appointed 
conferees.
    On December 7, 2004, the conference report to accompany S. 
2845 was filed (H. Rpt. 108-796), containing sections 7303(i), 
7402, 7403, and 7405 under the jurisdiction of the Committee on 
Energy and Commerce.
    The conference report was considered in the House under the 
provisions of H. Res. 870 on the same day, and passed the House 
by a vote of 336 yeas and 75 nays.
    On December 8, 2004, the Senate passed the conference 
report by a vote of 89 yeas and 2 nays.
    S. 2845 was presented to the President on December 15, 
2004, and was signed by the President on December 17, 2004 
(Public Law 108-458).

 ENHANCE 911 ACT OF 2004 COMMERCIAL SPECTRUM ENHANCEMENT ACT UNIVERSAL 
            SERVICE ANTIDEFICIENCY TEMPORARY SUSPENSION ACT

    Public Law 108-484 (H.R. 5419, H.R. 2898, S. 1250, H.R. 
1320)
    To amend the National Telecommunications and Information 
Administration Organization Act to facilitate the reallocation 
of spectrum from governmental to commercial users; to improve, 
enhance, and promote the Nation's homeland security, public 
safety, and citizen activated emergency response capabilities 
through the use of enhanced 911 services, to further upgrade 
Public Safety Answering Point capabilities and related 
functions in receiving E-911 calls, and to support in the 
construction and operation of a ubiquitous and reliable citizen 
activated system; and to provide that funds received as 
universal service contributions under section 254 of the 
Communications Act of 1934 and the universal service support 
programs established pursuant thereto are not subject to 
certain provisions of title 31, United States Code, commonly 
known as the Antideficiency Act, for a period of time.

Summary

    H.R. 5419 contains the legislative text of three bills, two 
of which the Committee on Energy and Commerce took action on.
    Title I of H.R. 5419 contains the legislative language of 
H.R. 2898, a bill that amends the National Telecommunications 
and Information Administration Organization Act to: (1) 
establish a joint program to facilitate coordination between 
Federal, state, and local emergency communications systems, 
emergency personnel, public safety organizations, 
telecommunications carriers, and telecommunications equipment 
manufacturers and vendors involved in the implementation of E-
911 services; (2) create an E-911 Implementation Coordination 
Office to implement such program; and, (3) develop a management 
plan for such program. The bill also directs the Assistant 
Secretary of Commerce for Communications and Information and 
the National Highway Traffic Safety Administrator to provide 
grants to eligible entities (states, local governments, tribal 
organizations) for the implementation of Phase II E-911 
services through planning, infrastructure improvements, 
telecommunications equipment purchases, and personnel training. 
Further, the bill requires each grant applicant to: (1) certify 
to the Assistant Secretary and the Administrator, at the time 
of application and annually thereafter if receiving such a 
grant, that no portion of designated E-911 charges (taxes or 
fees designated or presented to deliver or improve E-911 
services) imposed by a state or other taxing jurisdiction is 
being obligated or expended for any other purpose than for 
which the surcharges are designated; and, (2) agree that if 
such charges are used for any other purpose, all of the grant 
funds shall be returned.
    Title II of the bill contains the legislative language of 
H.R. 1320, the Commercial Spectrum Enhancement Act of 2003. 
This title provides a clear, predictable mechanism for 
compensating federal entities that move their spectrum 
operations from frequencies that are reallocated from 
government to non-government use. Title II provides federal 
government spectrum licensees that incur relocation costs 
because of the reallocation of spectrum bands from government 
to non-government use with the authority to receive 
reimbursement for their relocation costs from the Spectrum 
Relocation Fund (SRF). This title also requires theCommission 
to notify the National Telecommunications and Information 
Administration (NTIA) eighteen months before conducting an auction of 
reallocated spectrum.
    Title III of H.R. 5419 exempts the Universal Service Fund 
from provisions of the Anti-Deficiency Act for one year from 
the date of enactment. This language addresses an accounting 
problem affecting the Universal Administrative Service 
Company's (USAC) administration of the Schools and Libraries 
``E-rate'' program, that was created when the Federal 
Communications Commission (FCC) ordered USAC to comply with 
Federal government accounting standards (GovGAAP) by October 1, 
2004.

Legislative History

    On March 18, 2003, H.R. 1320 was referred to the Committee 
on Energy and Commerce.
    The Subcommittee on Telecommunications and the Internet 
held a hearing on March 25, 2003. The Subcommittee received 
testimony from Federal officials from the Commerce and Defense 
Departments, representatives from technology and wireless 
companies, and public interest groups.
    On April 9, 2003, the Subcommittee met in open markup 
session and approved the bill for Full Committee consideration, 
amended, by voice vote, a quorum being present.
    The Full Committee on Energy and Commerce met in open 
markup session on April 30, 2003, and ordered H.R. 1320 
reported to the House, as amended, by voice vote.
    The Committee on Energy and Commerce reported H.R. 1320 to 
the House, amended, on June 3, 2003 (H. Rpt. 108-137).
    On June 11, 2003, the House considered the bill under 
suspension of the rules, and passed the bill, as amended, by a 
vote of 408 yeas and 10 nays.
    H.R. 1320 was received in the Senate on June 12, 2003, and 
referred to the Committee on Commerce, Science, and 
Transportation. The bill was reported by the Senate Commerce 
Committee with an amendment on October 17, 2003, and placed on 
the Senate Calendar under General Orders.
    No further action was taken on H.R. 1320 in the 108th 
Congress.
    On July 25, 2003, H.R. 2898 was introduced by Rep. Shimkus, 
and was referred to the Committee on Energy and Commerce.
    On September 11, 2003, the Subcommittee on 
Telecommunications and the Internet held a legislative hearing 
on H.R. 2898, receiving testimony from Federal and state 
officials, a representative from the Tennessee Emergency 
Communications Board and a wireless company.
    The Subcommittee met in open markup session on September 
23, 2003, and approved H.R. 2898 for Full Committee 
consideration, as amended, by voice vote, a quorum being 
present.
    The Full Committee on Energy and Commerce met in open 
markup session on October 1, 2003, and ordered H.R. 2898 
reported to the House, amended, by voice vote, a quorum being 
present.
    On October 14, 2003, the Committee on Energy and Commerce 
reported H.R. 2898 to the House (H. Rpt. 108-311).
    The House considered the bill under the suspension of the 
rules, and it passed the bill, as amended, by voice vote on 
November 4, 2003.
    The bill was referred to the Senate Committee on Commerce, 
Science, and Transportation on December 9, 2003.
    No further action was taken on H.R. 2898 during the 108th 
Congress.
    H.R. 5419 was introduced by Mr. Upton on November 20, 2004, 
and contained the provisions of H.R. 2898 and H.R. 1320. The 
bill was referred to the Committee on Energy and Commerce.
    On November 20, 2004, the Committee on Energy and Commerce 
was discharged from further consideration of the bill, and H.R. 
5419 was considered in the House by unanimous consent. The bill 
passed the House without objection.
    H.R. 5419 was received in the Senate and read twice on 
November 20, 2004. On December 8, 2004, H.R. 5419 passed the 
Senate by unanimous consent.
    H.R. 5419 was presented to the President on December 16, 
2004, and was signed by the President on December 23, 2004 
(Public Law 108-494).

      FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS ACT OF 2003

                              (H.R. 3266)

    To authorize the Secretary of Homeland Security to make 
grants to first responders, and for other purposes.

Summary

    H.R. 3266 directs the Secretary of Homeland Security to: 
(1) establish clearly defined essential capabilities for State 
and local government preparedness for terrorism, for purposes 
of covered grants (i.e., any grant provided by the Department 
of Homeland Security (DHS) to States or regions to improve the 
ability of first responders to prevent, prepare for, respond 
to, or mitigate terrorist attacks, including any grant under 
DHS's State Homeland Security Grant Program or Urban Area 
Security Initiative); and (2) establish (within 120 days after 
enactment) and regularly update (at least every three years) 
the definition for ``essential capabilities.'' Section 3 of the 
bill addresses the uses for which funds may be granted. One use 
under the program involves ``the costs of commercially 
available equipment that complies with, where applicable, 
national voluntary consensus standards, and that facilitates 
interoperability, coordination, and integration between 
emergency communications systems.'' Section 7 of the bill 
includes the Sense of Congress that interoperable emergency 
communications systems should be developed and promulgated as 
soon as practicable for use by first responders.

Legislative History

    On October 8, 2003, Mr. Cox introduced H.R. 3266, which was 
referred to the Select Committee on Homeland Security, and in 
addition to the Committee on Transportation and Infrastructure, 
the Committee on the Judiciary, and the Committee on Energy and 
Commerce, for a period to be subsequently determined by the 
Speaker.
    On April 2, 2004, the Committee on Energy and Commerce was 
granted an extension for further consideration ending not later 
than June 7, 2004, and the bill was referred sequentially to 
the House Committee on Science for a period ending not later 
than April 2, 2004, for consideration of such provisions of the 
bill and amendment as fall within the jurisdiction of that 
committee pursuant to clause (n), rule X.
    The Subcommittee on Health held a hearing on May 11, 2004.
    On June 3, 2004, the Committee on Energy and Commerce was 
granted an extension for further consideration ending not later 
than June 14, 2004.
    The Full Committee on Energy and Commerce met in open 
markup session and ordered H.R. 3266 reported to the House, 
amended, by voice vote.
    On June 14, 2004, the Committee on Energy and Commerce was 
granted an extension for further consideration ending not later 
than June 21, 2004.
    The Committee on Energy and Commerce reported H.R. 3266 to 
the House, amended on June 14, 2004 (H. Rpt. 108-460, Part 
II.).
    No further action was taken on H.R. 3266 in the 108th 
Congress, but certain aspects became law as part of Public Law 
108-458, the Intelligence Reform and Terrorism Prevention Act.

                   BROADCAST DECENCY ENFORCEMENT ACT

                          (H.R. 3717, S. 2056)

    To increase the penalties for violations by television and 
radio broadcasters of the prohibitions against transmissions of 
obscene, indecent, and profane material, and for other 
purposes.

Summary

    H.R. 3717 amends the Communications Act of 1934 to (1) 
raise the maximum penalty cap for broadcast stations, networks 
and performers to $500,000 for each indecency violation; (2) 
give the Commission guidance to set penalties so the agency 
takes into consideration whether the violator is a small or 
large broadcaster, company or individual, and the type of 
entity responsible for the indecent programming; (3) allow the 
Commission to pursue an individual or network for a first 
indecency offense; (4) require the Commission to complete 
action on indecency complaints within 270 days; (5) require the 
Commission to take indecency violations into account during 
license application, renewal and modifications; and, (6) after 
three indecency violations, require the Commission to hold a 
license revocation hearing to consider revoking the broadcast 
station license.

Legislative History

    H.R. 3717 was introduced in the House by Mr. Upton on 
January 21, 2004, with 25 cosponsors. The bill was referred to 
the Committee on Energy and Commerce.
    On January 28, 2004, the Subcommittee on Telecommunications 
and the Internet held an oversight hearing on the Commission's 
enforcement of broadcast indecency standards. The Subcommittee 
received testimony from government, industry and family group 
representatives. On February 11, 2004, and February 26, 2004, 
the Subcommittee on Telecommunications and the Internet held 
legislative hearings on H.R. 3717. The Subcommittee received 
testimony from broadcasters and government representatives.
    The Subcommittee on Telecommunications and the Internet met 
on February 12, 2004, in open markup session and approved H.R. 
3717 for Full Committee consideration, without amendment, by a 
voice vote, a quorum being present.
    The Full Committee on Energy and Commerce met on March 3, 
2004, in open markup session and ordered H.R. 3717 reported to 
the House, amended, by a recorded vote of 49 yeas and 1 nay, a 
quorum being present.
    The Committee on Energy and Commerce reported H.R. 3713 to 
the House, amended, on March 9, 2004 (H. Rpt. 108-434).
    The House considered H.R. 3717, as amended, under the 
provisions of H. Res. 554, on March 11, 2004, and passed H.R. 
3717 by a vote of 391 yeas to 22 nays, with 1 present.
    On March 11, 2004, H.R. 3717 was received in the Senate. 
The bill was read the first time on March 25, 2004. On March 
26, 2004, H.R. 3717 was read the second time and placed on 
Senate Legislative Calendar under General Orders.
    No further action was taken on H.R. 3717 in the 108th 
Congress.

    SATELLITE HOME VIEWER EXTENSION AND REAUTHORIZATION ACT OF 2004

                         (H.R. 4501, H.R. 4518)

    A bill to extend the statutory license for secondary 
transmissions by satellite carriers of transmissions by 
television broadcast stations under title 17, United States 
Code, and to amend the Communications Act of 1934 with respect 
to such transmissions, and for other purposes.

Summary

    H.R. 4518 would reauthorize certain expiring communications 
and copyright act provisions that govern the retransmission of 
broadcast television signals by direct broadcast satellite 
(DBS) providers such as DirecTV and EchoStar. It also would 
modernize other provisions toenhance consumer choice, increase 
parity between satellite and cable operators, and further promote 
competition. Because the bill implicates both communications and 
copyright issues, the House Energy and Commerce Committee and the House 
Judiciary Committee have worked closely in drafting the legislation. 
Pursuant to a compromise between the House Energy and Commerce 
Committee and the House Judiciary Committee, H.R. 4518 was amended to 
combine its copyright provisions with the Communications Act provisions 
of H.R. 4501.
    The Communications Act provisions would: (1) extend to 
December 31, 2009, from December 31, 2004, the retransmission 
consent exemption that allows satellite operators to provide 
distant broadcast signals to unserved households without having 
to compensate the distant broadcasters; (2) allow satellite 
operators to carry on a comparable basis the same 
``significantly viewed'' broadcast signals that cable operators 
may already carry; (3) require one year from enactment that 
satellite operators enable all subscribers in a market in which 
local signals are available over their satellite service to be 
able to receive all the local broadcast stations in that market 
using a single satellite dish; (4) allow, but not require, 
satellite operators to carry low-power television stations; (5) 
require satellite operators to stop offering distant broadcast 
signals once they carry local signals, but grandfather certain 
existing subscribers; and, (6) require the Commission to 
propose by the end of 2005 how it would define a digital white 
area (the area in which digital signals cannot be viewed using 
an over-the-air receiver) once the digital transition is 
complete.

Legislative History

    The Subcommittee on Telecommunications and the Internet 
held an oversight hearing on March 10, 2004, on the expiring 
satellite legislation and a legislative hearing on April 1, 
2004, on staff draft reauthorization legislation.
    The Subcommittee met in open markup session on April 28, 
2004, and approved a Committee Print for Full Committee 
consideration, as amended, by a voice vote, a quorum being 
present.
    The Full Committee on Energy and Commerce met on June 3, 
2004, in open markup session and ordered a Committee Print 
reported to the House, as amended, by voice vote, a quorum 
being present. The Full Committee agreed by unanimous consent 
to a request by Chairman Barton to file a report on a bill to 
be introduced, and that the actions of the Committee be deemed 
as action on that bill. Mr. Upton introduced the Committee 
Print on June 3, 2004, as H.R. 4501, and the Committee filed a 
report (H. Rpt. 108-634) on July 22, 2004, on that bill. No 
further action was taken on H.R. 4501.
    H.R. 4518, which was ordered reported by the Committee on 
the Judiciary, was amended to include the Communications Act 
provisions of H.R. 4501. H.R. 4518 was considered in the House 
under suspension of the rules on October 6, 2004, and passed 
the House, as amended, by voice vote.
    H.R. 4518 was received in the Senate on October 7, 2004. No 
further action was taken on the bill in the 108th Congress. 
Certain aspects of the bill became law as part of Public Law 
108-447, the 2005 Consolidated Appropriations Act.

                    JUNK FAX PREVENTION ACT OF 2004

                              (H.R. 4600)

    To amend section 227 of the Communications Act of 1934 to 
clarify the prohibition on junk fax transmissions.

Summary

    H.R. 4600 reestablishes an existing business relationship 
exception to allow entities to send commercial faxes to their 
customers and members without first receiving written 
permission and establishes new opt-out safeguards to provide 
additional protections for the recipients. Accordingly, three 
years after enactment, the Commission has the discretion to 
enact a time-limited EBR between 5-7 years if the Commission 
finds that the EBR has resulted in a significant number of 
complaints regarding junk faxes, resulting complaints were a 
result of the EBR being too long and not consistent with the 
reasonable expectations of the consumer; a cost benefit 
analysis justifies a shorter EBR; and small businesses' costs 
are not too burdensome. The Commission has the discretion to 
exempt by rule non-profit trade or professional associations 
from the notice of opt-out because these groups are opt-in 
organizations.

Legislative History

    The Subcommittee on Telecommunications and the Internet 
held a legislative hearing on ``H.R. __, The June Fax 
Prevention Act of 2004'' on June 15, 2004. The Subcommittee 
received testimony from government, industry and association 
representatives.
    H.R. 4600 was introduced in the House by Rep. Upton on June 
16, 2004 with 23 cosponsors, which was referred to the 
Committee on Energy and Commerce.
    On June 24, 2004, the Full Committee on Energy and Commerce 
met in open markup session and ordered H.R. 4600 reported to 
the House, as amended, by a voice vote, a quorum being present.
    The Committee on Energy and Commerce reported H.R. 4600 to 
the House, amended, on July 9, 2004 (H. Rpt. 108-593).
    The House considered H.R. 4600 under suspension of the 
rules on July 20, 2004, and passed H.R. 4600, as amended, by a 
voice vote.
    On July 21, 2004, H.R. 4600 was received in the Senate and 
on July 23, 2004, H.R. 4600 was read twice and referred to the 
Committee on Commerce, Science, and Transportation.
    No further action was taken on H.R. 4600 in the 108th 
Congress.

                          Oversight Activities


                HEALTH OF THE TELECOMMUNICATIONS SECTOR

    On February 5, 2003, and February 26, 2003, the 
Subcommittee on Telecommunications and the Internet held 
oversight hearings focusing on the health of the 
telecommunications sector. These hearings explored the 
telecommunications sector's economic slump, its affect on 
service providers and equipment manufacturers, and the impact 
of Commission regulations on the telecommunications sector. The 
Committee received testimony from Federal officials, financial 
analysts, and public policy and research organizations.
    On January 29, 2003, Chairman Tauzin, Ranking Member 
Dingell, and 20 Members of the Committee wrote to Commission 
Chairman Michael Powell to express concern that the 
Commission's local competition rules were subverting the intent 
of the Telecommunications Act of 1996 and undermining the 
economic well-being of the telecommunications sector. The 
Members asked the Commission to foster facilities-based 
competition by providing all competitors with the incentive to 
build new networks.
    On March 17, 2004, Chairman Barton, Ranking Member Dingell, 
and Representatives Upton and Boucher wrote to U.S. Attorney 
General John Ashcroft to request that the Solicitor General not 
appeal a decision by the U.S. Court of Appeals for the D.C. 
Circuit that struck down the Commission's February 2003 
unbundling rules. The authors of the letter believed that the 
court's decision would have a positive impact on the health of 
the telecommunications sector.

                                 E-911

    On June 4, 2003, the Subcommittee on Telecommunications and 
the Internet held an oversight hearing on wireless E-911 
implementation which explored the progress that wireless 
carriers, local exchange carriers (LECs), and public safety 
answering points (PSAPs) were making in their efforts to deploy 
Phase II Enhanced 911 service within the deadlines and 
parameters established by the Commission. The Committee 
received testimony from a Federal agency, representatives of 
large wireless providers, and a representative of the National 
Emergency Number Association.

                    PUBLIC SAFETY ACCESS TO SPECTRUM

    On June 11, 2003, the Subcommittee on Telecommunications 
and the Internet held an oversight hearing on the spectrum 
needs of our nation's first responders. The Subcommittee 
received testimony from Members of Congress, state and local 
officials, commercial mobile service providers, and equipment 
manufacturers. Topics that were explored included interference 
problems on radio frequencies used by first responders, 
interoperability communication difficulties with officials in 
other agencies on common radio frequencies, and modernizing 
communications systems.

                                  SPAM

    On July 9, 2003, the Subcommittee on Telecommunications and 
the Internet held a joint oversight hearing with the 
Subcommittee on Commerce, Trade, and Consumer Protection on the 
legislative efforts to combat unsolicited commercial email, 
also known as spam. The hearing explored the problems created 
by spam, which has been a ballooning problem for electronic 
mail users, businesses, and Internet service providers. 
Witnesses included representatives from: large Internet service 
providers, a technology company, a commercial email advertiser, 
the FTC, a state Attorneys General office, and a consumer 
advocacy group.

                         BROADBAND TECHNOLOGIES

    The Subcommittee on Telecommunications and the Internet 
held a series of hearings to explore the changing 
telecommunications marketplace and the regulatory treatment of 
broadband services. New technologies continue to alter the 
telecommunications marketplace and provide consumers with 
innovative new applications, yet a range of broadband services 
have been regulated in a disparate manner. On July 21, 2003, 
the Subcommittee held a hearing on the disparity in regulation 
and what the proper regulatory framework for broadband Internet 
access services should be. On July 7, 2004, the Subcommittee 
held a hearing on the impact of Voice over Internet Protocol 
(VOIP) services on the communications industry as well as the 
impact of the current statutory/regulatory framework for 
communications services on VOIP services. In both hearings, the 
Subcommittee received testimony from Federal and state 
government officials, representatives from communications 
companies, and public policy organizations.
    On January 29, 2003, Chairman Tauzin, Ranking Member John 
Dingell, and 20 Members of the Committee wrote to the Chairman 
of the Federal Communications Commission to urge the Commission 
to ensure that unbundling rules are not applied to broadband 
facilities.
    On January 22, 2004, Chairman Tauzin, Ranking Member 
Dingell, and Representatives Upton and Boucher wrote to the 
Chairman of the Commission to resolve ambiguities in the 
Commission's 2003 broadband rules.
    On March 17, 2004, Chairman Barton, Ranking Member Dingell, 
and Representatives Upton and Boucher wrote to the Attorney 
General to urge the Solicitor General not to appeal the 
decision of the U.S. Court of Appeals for the D.C. Circuit that 
upheld the Commission's rules that exempted packet-switched and 
fiber facilities from onerous facilities.
    On September 23, 2004, Chairman Barton, Ranking Member John 
Dingell, and Representative Upton wrote to the Commission to 
urge that the Commission's unbundling rules imposed under 
Section 271 of the Communications Act be reconciled with the 
Commission's unbundling rules imposed under Section 251 to 
ensure that companies investing in new broadband facilities 
have the maximum incentive to deploy such facilities as quickly 
and ubiquitously as possible.
    On October 5, 2004, Chairman Barton, 32 Members of the 
Committee, and 29 non-Committee Members wrote to the Commission 
tourge the agency to determine that VOIP services are 
interstate and subject to the Commission's exclusive jurisdiction.
    On October 20, 2004, Ranking Member Dingell and 22 Members 
of the Committee wrote to the Commission supporting the notion 
that Voice over Internet Protocol Service is interstate in 
nature and that the Commission should have exclusive 
jurisdiction over rate regulation. These Members urged the 
Commission, however, to proceed with careful deliberation on 
VoIP matters and not disrupt the critical and longstanding role 
of the states in protecting consumers and ensuring public 
safety.

                        UNIVERSAL SERVICE REFORM

    On September 24, 2003, the Subcommittee on 
Telecommunications and the Internet held an oversight hearing 
on the future of universal service. Competition and technology 
have begun to erode the existing universal service system, and, 
in the long term, current universal service policies do not 
seem sustainable. This hearing focused on competition and 
advances in technology, as well as current and future funding 
mechanisms. Witnesses from Federal and state regulatory bodies 
as well as large and small telecommunications companies 
provided testimony.

                            COMPUTER VIRUSES

    On November 6, 2003, the Subcommittee on Telecommunications 
and the Internet held an oversight hearing on computer viruses. 
The hearing focused on the increasing threat from malicious 
code, known as computer worms and viruses, as well as the 
financial impact on business and consumers of computer viruses. 
Testimony was received from representatives of cyber security 
companies, software companies, and Internet service providers.

                          EDUCATION TECHNOLOGY

    On November 19, 2003, the Subcommittee on 
Telecommunications and the Internet held an oversight hearing 
to explore proposals that use spectrum auction proceeds for 
investments in education technology initiatives. Proposals that 
the Subcommittee examined would use spectrum auction proceeds 
to fund educational, cultural, and employment-training 
programs. The Subcommittee received testimony from witnesses 
including an FTC Commissioner, a former Federal official, a 
professor of international development, and the author of a 
study that has explored using auction proceeds to fund these 
types of programs.

                                DECENCY

    On January 28, 2004, the Subcommittee on Telecommunications 
and the Internet held an oversight hearing to examine the 
Federal Communications Commission's enforcement of the decency 
rules that apply to over-the-air broadcasters. The focus of 
this hearing was to examine the rules for broadcast decency and 
the Federal Communications Commission's effectiveness in 
enforcing those rules. The Subcommittee received testimony from 
the Commission, an attorney representing television 
programmers, a local television broadcaster, and an advocacy 
group.

             COMPETITION IN THE COMMUNICATIONS MARKETPLACE

    On February 4, 2004 and May 19, 2004, the Subcommittee on 
Telecommunications and the Internet held oversight hearings on 
the state of competition in the communications marketplace in 
general, as well as how the convergence of voice, video, and 
data services is enabling companies using different technology 
platforms to compete head-to-head. During the first hearing, 
the Subcommittee received testimony from financial analysts and 
economists. During the second hearing, the Subcommittee 
witnessed demonstrations of new technology devices that reflect 
the convergence of voice, video, and data services. The hearing 
included demonstrations of video services over wireless 
telephones, wireless broadband Internet access, and an 
Internet-based unified messaging service. The Subcommittee also 
heard testimony regarding the delivery of broadband services 
using the electricity grid.

                     MULTICHANNEL VIDEO COMPETITION

    The Subcommittee on Telecommunications and the Internet 
held an oversight hearing on March 10, 2004 regarding the 
reauthorization of the Satellite Home Viewer Improvement Act of 
1999 (SHVIA). SHVIA governs how satellite operators carry 
broadcast television signals. Portions of SHVIA expire December 
31, 2004. The purpose of the hearing was to consider whether to 
extend SHVIA, and to determine if Congress should make any 
changes in the regime governing satellite delivery of broadcast 
television. Witnesses included the Federal Communications 
Commission as well as industry representatives and consumer 
groups.
    Full Committee Chairman Barton, Ranking Member Dingell, 
Subcommittee Chairman Upton, Subcommittee Ranking Member 
Markey, and Congressman Deal sent a letter on May 18, 2004, to 
Commission Chairman Powell asking the Commission to investigate 
the provision by cable and satellite operators of a la carte or 
themed-tier service, as well as whether anything currently 
prevents cable and satellite operators from offering a la carte 
or themed-tier service on a voluntary basis. The letter 
requested that the Commission submit a report to the House 
Committee on Energy and Commerce by November 18, 2004, with its 
findings. The Committee received a report on the day requested.
    The Subcommittee on Telecommunications and the Internet 
held an oversight hearing on July 14, 2004, with respect to 
multi-channel video competition. The Subcommittee explored the 
level of competition between cable and satellite operators. The 
Subcommittee also examined whether cable and satellite 
operators should be required to offer a la carte or themed-tier 
television service, or at least be permitted to do so 
voluntarily. Witnesses included representatives of cable and 
satellite operators, television programmers, and advocacy 
groups.

                                DOT KIDS

    On May 6, 2004, the Subcommittee on Telecommunications and 
the Internet held an oversight hearing on The `Dot Kids' 
Internet Domain: Protecting Children Online. This hearing 
focused on the roll out of the new ``dot kids'' Internet domain 
and what actions industry, government, and other organizations 
could take to ensure the domain is a success. The Subcommittee 
received testimony from government officials, industry 
representatives, and child safety organizations.

                           DIGITAL TELEVISION

    The Subcommittee on Telecommunications and the Internet 
held an oversight hearing on June 2, 2004, on the digital 
television transition. Witnesses included industry 
representatives, advocacy groups, and a think tank.
    The Subcommittee on Telecommunications and the Internet 
held an oversight hearing on July 21, 2004, on a digital 
television transition plan implemented in Berlin, Germany. The 
Government Accountability Office (GAO) reported on how Berlin, 
Germany, administered a hard deadline for its digital 
television transition, and other industry representatives 
debated whether a similar approach might work in the United 
States.
    The Committee hosted a digital television roundtable 
discussion on July 22, 2004. The roundtable was designed to 
solicit updates from the Commission, industry and consumer 
groups on the DTV transition's progress and remaining DTV 
issues.

                           HOMELAND SECURITY

    On June 23, 2004, the Subcommittee on Telecommunications 
and the Internet held an oversight hearing which focused on 
protecting homeland security, and explored the progress made in 
ensuring that public safety communications systems and 
therefore communications between different public-safety 
agencies are interoperable. Many first responders use 
communications equipment that is several decades old and often 
based upon incompatible standards. Further, local agencies are 
experiencing a budgetary crunch and do not have the resources 
necessary to purchase new equipment, and there is no universal 
band or bands of frequencies on which all public safety 
agencies can communicate simultaneously using radios. This 
hearing explored whether interoperability is an achievable goal 
and the steps that need to be taken in order to achieve that 
goal. Witnesses included officials from Federal, state/local 
agencies, and wireless companies.

   LAW ENFORCEMENT ACCESS TO COMMUNICATION NETWORKS IN A DIGITAL AGE

    On September 8, 2004, the Subcommittee held an oversight 
hearing on the implications for law enforcement of a migration 
of communications traffic from circuit-switched networks to 
packet-switched networks. Law enforcement officials strongly 
believe that they should have the same access to communications 
traffic offered through broadband services that law enforcement 
has with respect to traditional telephone services. Witnesses 
included representatives from federal law enforcement agencies 
and representatives of the communications sector.

                          TELEVISION VIOLENCE

    On September 13, 2004, the Subcommittee on 
Telecommunications and the Internet held an oversight hearing 
on the effect of television violence on children. The hearing 
took place in Chicago, Illinois. The hearing focused on the 
emotional and psychological impact that television violence has 
on young children as well as what can be done to reduce the 
exposure of children to such violent programming. Witnesses 
included trade and policy organizations, mental health experts, 
and legal scholars.
    On March 5, 2004 Full Committee Chairman Barton, Ranking 
Member Dingell, and 37 members of the committee signed a letter 
to FCC Chairman Powell asking the Commission to issue a notice 
of inquiry regarding excessively violent broadcast television 
programming. The Commission is to submit a report to the House 
Energy and Commerce Committee by January 1, 2005.

                      WIRELESS TELECOMMUNICATIONS

    On September 29, 2004, the Subcommittee on 
Telecommunications and the Internet held an oversight hearing 
to examine wireless directory assistance policies and programs. 
Witnesses included a U.S. Senator, representatives of the 
wireless industry, consumer groups, and technology companies.

                             HEARINGS HELD

    Health of the Telecommunications Sector: A Perspective from 
Investors and Economists.--Oversight hearing on the Health of 
the Telecommunications Sector: A Perspective from Investors and 
Economists. Hearing held on February 5, 2003. PRINTED, Serial 
Number 108-3.
    Health of the Telecommunications Sector: A Perspective from 
the Commissioners of the Federal Communications Commission.--
Oversight hearing on the Health of the Telecommunications 
Sector: A Perspective from the Commissioners of the Federal 
Communications Commission. Hearing held on February 26, 2003. 
PRINTED, Serial Number 108-6.
    Commercial Spectrum Enhancement Act.--Hearing on H.R. 1320, 
the Commercial Spectrum Enhancement Act. Hearing held on March 
25, 2003. PRINTED, Serial Number 108-12.
    Wireless E-911 Implementation: Progress and Remaining 
Hurdles.--Oversight hearing on Wireless E-911 Implementation: 
Progress and Remaining Hurdles. Hearing held on June 4, 2003. 
PRINTED, Serial Number 108-27.
    The Spectrum Needs of Our Nation's First Responders.--
Oversight hearing on the Spectrum Needs of Our Nation's First 
Responders. Hearing held on June 11, 2003. PRINTED, Serial 
Number 108-34.
    Legislative Efforts to Combat Spam.--Joint hearing with the 
Subcommittee on Commerce, Trade, and Consumer Protection on 
Legislative Efforts to Combat Spam. Hearing held on July 9, 
2003. PRINTED, Serial Number 108-35.
    The Regulatory Status of Broadband Services: Information 
Services, Common Carriage, or Something in Between.--Oversight 
hearing on the Regulatory Status of Broadband Services: 
Information Services, Common Carriage, or Something in Between? 
Hearing held on July 21, 2003. PRINTED, Serial Number 108-40.
    E-911 Implementation Act of 2003.--Hearing on H.R. 2898, a 
bill to improve homeland security, public safety, and citizen 
activated emergency response capabilities through the use of 
enhanced 911 wireless services. Hearing held on September 11, 
2003. PRINTED, Serial Number 108-47.
    The Future of Universal Service.--Oversight hearing on the 
Future of Universal Service. Hearing held on September 24, 
2003. PRINTED, Serial Number 108-49.
    Computer Viruses: The Disease, the Detection, and the 
Prescription for Protection.--Oversight hearing on Computer 
Viruses: The Disease, the Detection, and the Prescription for 
Protection. Hearing held on November 6, 2003. PRINTED, Serial 
Number 108-66.
    Digital Dividends and Other Proposals to Leverage 
Investment in Technology.--Oversight hearing on Digital 
Dividends and Other Proposals to Leverage Investment in 
Technology. Hearing held on November 19, 2003. PRINTED, Serial 
Number 108-50.
    ``Can you say that on TV?'': An Examination of the FCC's 
Enforcement with Respect to Broadcast Indecency.--Oversight 
hearing on ``Can you say that on TV?'': An Examination of the 
FCC's Enforcement with Respect to Broadcast Indecency. Hearing 
held on January 28, 2004. PRINTED, Serial Number 108-67.
    The Current State of Competition in the Communications 
Marketplace.--Oversight hearing on the Current State of 
Competition in the Communications Marketplace. February 4, 
2004. PRINTED, Serial Number 108-63.
    Broadcast Decency Enforcement Act.--Hearing on H.R. 3717, 
the Broadcast Decency Enforcement Act. Hearings held on 
February 11, 2004 and February 26, 2004. PRINTED, Serial Number 
108-68.
    Oversight of the Satellite Home Viewer Improvement Act.--
Oversight hearing on the Oversight of the Satellite Home Viewer 
Improvement Act. Hearing held on March 10, 2004. PRINTED, 
Serial Number 108-75.
    The Satellite Home Viewer Improvement Reauthorization Act 
of 2004.--Hearing on H.R. __, the Satellite Home Viewer 
Improvement Reauthorization Act of 2004. Hearing held on April 
1, 2004. PRINTED, Serial Number 108-78.
    The ``Dot Kids'' Internet Domain: Protecting Children 
Online.--Oversight hearing on the ``Dot Kids'' Internet Domain: 
Protecting Children Online. Hearing held on May 6, 2004. 
PRINTED, Serial Number 108-84.
    Competition in the Communications Marketplace: How 
Convergence is Blurring the Lines Between Voice, Video, and 
Data Services.--Oversight hearing on Competition in the 
Communications Marketplace: How Convergence is Blurring the 
Lines Between Voice, Video, and Data Services. Hearing held on 
May 19, 2004. PRINTED, Serial Number 108-85.
    Advancing the DTV Transition: An Examination of the FCC 
Media Bureau Proposal.--Oversight hearing on Advancing the DTV 
Transition: An Examination of the FCC Media Bureau Proposal. 
Hearing held on June 2, 2004. PRINTED, Serial Number 108-86.
    The Junk Fax Prevention Act of 2004.--Hearing on H.R. __, 
the Junk Fax Prevention Act of 2004. Hearing held on June 15, 
2004. PRINTED, Serial Number 108-87.
    Protecting Homeland Security: A Status Report on 
Interoperability Between Public Safety Communications 
Systems.--Oversight hearing on Protecting Homeland Security: A 
Status Report on Interoperability Between Public Safety 
Communications Systems. Hearing held on June 23, 2004. PRINTED, 
Serial Number 108-98.
    Voice Over Internet Protocol Services: Will the Technology 
Disrupt the Industry or Will Regulation Disrupt the 
Technology?--Oversight hearing on Voice Over Internet Protocol 
Services: Will the Technology Disrupt the Industry or Will 
Regulation Disrupt the Technology? Hearing held on July 7, 
2004. PRINTED, Serial Number 108-104.
    Competition and Consumer Choice in the MVPD Marketplace--
Including an Examination of Proposals to Expand Consumer 
Choice, Such as A La Carte and Themed-Tiered Offerings.--
Oversight hearing on Competition and Consumer Choice in the 
MVPD Marketplace--Including an Examination of Proposals to 
Expand Consumer Choice, Such as A La Carte and Themed-Tiered 
Offerings. Hearing held on July 14, 2004. PRINTED, Serial 
Number 108-110.
    The Digital Television Transition: What We Can Learn from 
Berlin.--Oversight hearing on the Digital Television 
Transition: What We Can Learn from Berlin. Hearing held on July 
21, 2004. PRINTED, Serial Number 108-101.
    Law Enforcement Access to Communications Systems in the 
Digital Age.--Oversight hearing on Law Enforcement Access to 
Communications Systems in the Digital Age. Hearing held on 
September 8, 2004. PRINTED, Serial Number 108-115.
    The Effect of Television Violence on Children: What 
Policymakers Need to Know.--Oversight hearing on the Effect of 
Television Violence on Children: What Policymakers Need to 
Know. Hearing held on September 13, 2004. PRINTED, Serial 
Number 108-116.
    An Examination of Wireless Directory Assistance Policies 
and Programs.--Oversight hearing on an Examination of Wireless 
Directory Assistance Policies and Programs. Hearing held on 
September 29, 2004. PRINTED, Serial Number 108-122.
              Subcommittee on Oversight and Investigations

            (Ratio 9-7)

JAMES C. GREENWOOD, Pennsylvania, 
             Chairman

PETER DEUTSCH, Florida               MICHAEL BILIRAKIS, Florida
DIANA DeGETTE, Colorado              CLIFF STEARNS, Florida
TOM ALLEN, Maine                     RICHARD BURR, North Carolina
JAN SCHAKOWSKY, Illinois             CHARLES F. BASS, New Hampshire
HENRY A. WAXMAN, California          GREG WALDEN, Oregon
EDWARD J. MARKEY, Massachusetts        Vice Chairman
JOHN D. DINGELL, Michigan            MIKE FERGUSON, New Jersey
  (ex officio)                       MIKE ROGERS, Michigan
                                     JOE BARTON, Texas
                                       (ex officio)

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

                              Introduction

    During the 108th Congress, the Subcommittee on Oversight 
and Investigations conducted inquiries with respect to Federal 
agencies within the Committee's jurisdiction, including the 
Department of Health and Human Services, the Centers for 
Medicare and Medicaid Services, the Centers for Disease Control 
and Prevention, the Food and Drug Administration, the National 
Institutes of Health, the Department of Energy, the Federal 
Communications Commission, the Nuclear Regulatory Commission, 
and the Environmental Protection Agency. The Subcommittee's 
oversight has exposed improper and illegal governmental and 
corporate activities, uncovered waste, fraud and abuse of 
taxpayer dollars, strengthened our national security and our 
defenses against terrorist attacks, improved health care and 
environmental protection, and promoted the enhanced protection 
of American consumers and investors. These investigations have 
provided the basis for enactment of corrective legislation in 
the 108th Congress, and will provide the foundation for 
legislative action in the 109th Congress. In addition, the 
Subcommittee's inquiries have resulted in meaningful changes in 
the Executive Branch's implementation and enforcement of 
current law and the establishment of cost-saving measures in 
the operations of the various departments and agencies.

                          Oversight Activities


 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO HEALTH AND HEALTH 
                                  CARE


                                Hearings


                           MEDICAL LIABILITY

    On February 10, 2003, the Subcommittee on Oversight and 
Investigations held a field hearing at St. Mary Medical Center 
in Langhorne, Pennsylvania, on issues surrounding the rise of 
medical liability insurance premiums. The hearing examined the 
impact of rising premiums on the provision of health care in 
the state, the business practices of Pennsylvania insurers, the 
influence of medical liability claims on the rates, and the 
current and proposed state and federal legislative initiatives 
directed at addressing medical liability insurance issues. The 
governor of Pennsylvania spoke on the first panel. The 
hearing's second panel featured patients and physicians who 
testified to their experiences with the provision of health 
care, as well as a hospital administrator and a representative 
of the American Medical Association. The third panel featured 
representatives from the insurance industry, medical schools 
and other medical enterprises, academia, advocacy 
organizations, and the trial bar. The hearing helped focus 
attention on the effects and causes of rising medical liability 
premiums in Pennsylvania, and nationally.

                       ACCESS TO PHARMACEUTICALS

    On March 10, 2003, the Subcommittee on Oversight and 
Investigations held a field hearing in Aventura, Florida, on 
South Florida's access to affordable prescription drugs. The 
hearing examined the experiences of Florida's senior citizens 
concerning the cost of drugs, the perspective of federal and 
state regulators regarding the safety and efficacy of drugs 
imported into Florida, and the perspective of pharmaceutical 
industry and pharmacy associations on efforts to assist low-
income seniors in obtaining free or discounted pharmaceuticals. 
There were three panels of witnesses. The first panel was 
comprised of two private citizens and a representative of the 
American Association of Retired Persons (AARP). The second 
panel was comprised of representatives from the Food and Drug 
Administration (FDA) and the Bureau of Statewide Pharmaceutical 
Services of the Florida Department of Health. The third panel 
consisted of three representatives from the pharmacy and 
pharmaceutical industries. The hearing continued the 
Committee's efforts to oversee and address issues surrounding 
the safety and efficacy of pharmaceuticals, particularly, the 
Subcommittee's work in the 107th Congress examining the ability 
of the FDA to protect against counterfeit or poor-quality 
imported pharmaceuticals.

                SEVERE ACUTE RESPIRATORY SYNDROME (SARS)

    On May 7, 2003, the Subcommittee on Oversight and 
Investigations held a public Member briefing and then a hearing 
on public health issues surrounding an outbreak of Severe Acute 
Respiratory Syndrome (SARS), and subsequent worldwide 
surveillance alert surrounding the spread of this deadly viral 
infection from China in the Winter and Spring of 2003. The 
Subcommittee's briefing with the executive director of the 
Communicable Diseases division of the World Health Organization 
provided information on the international public health 
community's ability to respond to infectious disease outbreaks 
such as SARS. The hearing that followed the briefing served to 
(1) provide information about the causes of SARS, how SARS is 
affecting health agencies andhospitals, and the ability of 
hospitals to respond adequately to SARS and other major public health 
threats; (2) review research that could help develop vaccines or 
produce drugs that could treat the SARS outbreak, or help diagnosis the 
disease; and (3) examine the lessons learned from the SARS outbreak to 
determine whether the United States has sufficient resources and 
authority to prevent or contain SARS or other future outbreaks. The 
Subcommittee heard testimony from the three panels of witnesses. The 
first panel featured the Department of Health and Human Services 
Assistant Secretary for Public Health Emergency Preparedness, the 
Director of the Centers for Disease Control and Prevention, the 
Director of the National Institute of Allergy and Infectious Disease, 
an official with the FDA, and an official with the U.S. Government 
Accountability Office. The second panel was comprised of witnesses from 
the public health community, who could identify issues raised by the 
SARS outbreak. The third panel was comprised of witnesses from the 
therapeutic products industries, whose companies had produced or were 
attempting to produce medical products potentially useful for combating 
SARS.

                             ORGAN DONATION

    On June 3, 2003, the Subcommittee on Oversight and 
Investigations held a hearing that examined initiatives the 
health care community is exploring to increase organ donation. 
There are 81,000-plus candidates in the United States waiting 
for an organ transplant. The hearing examined issues related to 
advances in science to improve the success of organ 
transplantation, issues surrounding potential financial 
incentives to increase organ donation, Health and Human 
Services' Best Practices Initiative, and state initiatives to 
increase organ donations. Three panels of witnesses featured 
patients waiting for or who had received transplants, and 
representatives from state and federal organ donor networks, 
the Department of Health and Human Services, and the medical 
and advocacy community.

                        IMPORTED PHARMACEUTICALS

    On June 24, 2003, the Subcommittee on Oversight and 
Investigations held a hearing that examined the system in place 
to protect against counterfeit and unapproved pharmaceutical 
imports. The purpose of the hearing was to receive testimony 
concerning (1) the measures taken by the FDA to prevent 
imported unapproved and counterfeit pharmaceuticals from being 
taken by U.S. consumers, (2) the release by FDA of 1,233 
packages of counterfeit Viagra that were imported through 
Miami, Florida, and (3) the findings of the South Florida 
Statewide Grand Jury that highlighted a burgeoning counterfeit 
drug problem in Florida and which were a driving force behind a 
Florida law designed to ensure the safety and efficacy of 
pharmaceuticals taken by Floridians. The Subcommittee received 
testimony from the FDA, the Bureau of Customs and Border 
Protection, and Florida officials from agencies responsible for 
oversight of pharmaceutical imports, and the prosecution of 
violations of state import laws. The hearing provided a case 
study into the nationwide issues surrounding the import of 
pharmaceuticals for personal use.

                       DIETARY SUPPLEMENT SAFETY

    On July 23 and 24, 2003, the Subcommittee on Oversight and 
Investigations held two hearings, the second as a joint hearing 
with the Subcommittee on Commerce, Trade, and Consumer 
Protection, on issues relating to ephedra-containing dietary 
supplements. The first hearing focused on manufacturers and 
distributors of ephedra-containing supplements and the 
advertising and labeling, and safety concerns related to their 
products. The second hearing focused on policies and concerns 
related to sports leagues and organizations, including the 
various positions sports leagues have taken on the use of 
ephedra-containing supplements by their athletes, and on issues 
related to the regulatory environment for ephedra-based 
products. At the July 23 hearing, the Subcommittee received 
testimony from the parents of victims, including a Major League 
Baseball pitcher, who died while taking ephedra-containing 
products; from witnesses with knowledge of ephedra industry 
practices; from medical authorities; and from the U.S. 
Government Accountability Office. All three witnesses on the 
second panel, who were associated with a particular ephedra-
supplement maker and promoter, invoked their Fifth Amendment 
protections when faced with questions under oath. On the final 
panel, the Subcommittee received testimony from witnesses 
associated with three manufacturers and distributors of ephedra 
products. At the July 24 hearing, the Subcommittees received 
testimony from representatives of Major League Baseball, the 
Major League Baseball Players Association, the National 
Football League, NASCAR, Major League Soccer, and the National 
Collegiate Athletic Association. A second panel provided 
testimony from the FDA and the Federal Trade Commission.
    On June 16, 2004, the Subcommittee on Oversight and 
Investigations held a hearing to examine the safety of dietary 
supplements for overweight children. The hearing focused on 
several companies that formulated, marketed, manufactured and/
or distributed dietary supplements for use by children as young 
as six years of age and the safety and efficacy concerns 
surrounding the use of such products by children. The 
Subcommittee received testimony from two panels of witnesses: 
an official with the Federal Trade Commission, an official with 
the Centers for Disease Control and Prevention, and two expert 
witnesses on pediatric obesity testified on the first panel, 
and nine witnesses associated companies involved in the dietary 
supplement industry testified on the second panel.

      NATIONAL INSTITUTES OF HEALTH CONFLICT OF INTEREST POLICIES

    On May 12 and 18, 2004 and on June 22, 2004, the 
Subcommittee on Oversight and Investigations held three 
hearings focusing on conflict-of-interest issues involving 
National Institutes of Health (NIH) employees and drug 
companies. The purpose of the hearings was to: (1) assess 
therecommendations of the NIH Blue Ribbon Panel on Conflict of Interest 
Policies, which was appointed to examine conflicts of interest polices, 
especially those related to consulting arrangements and outside 
``awards'' received by NIH officials; (2) review two case studies, one 
illustrating the Committee's concerns about consulting arrangements, 
and the other illustrating the concerns about outside awards, as well 
as related legal and policy decisions by the Office of Government 
Ethics, the Department of Health and Human Services (HHS), and the NIH; 
and, (3) assess the NIH's response to the Committee's concerns and the 
Blue Ribbon Panel Report recommendations, and explore whether the 
National Cancer Institute (NCI) properly managed conflict of interest 
issues. At the May 12 hearing, the Subcommittee received testimony from 
the NIH Director and the co-chairs of the NIH Blue Ribbon Panel. At the 
May 18 hearing, the Subcommittee received testimony from officials and 
employees in HHS Office of Government Ethics, the NIH, NCI and FDA, as 
well as from a legal authority from the Congressional Research Service. 
The June 22 hearing received testimony from the NIH Director, the NIH 
General Counsel, officials from NCI, and representatives of two drug 
companies associated with the consulting arrangements in question.

               HOSPITAL BILLING AND COLLECTION PRACTICES

    On June 24, 2004 the Subcommittee on Oversight and 
Investigations held a hearing to examine hospital billing and 
collection practices for uninsured/self-pay patients. The 
hearing focused on questions surrounding policies and practices 
for setting rates for and charging the uninsured or self-pay 
patients, the laws and regulations that affect the policies, 
and the guidance from the HHS regarding billing and collection 
practices. Because of the pricing system set up by hospitals 
under the interpretation of Medicare regulations, uninsured 
patients are charged the ``list price'' for hospital care. For 
insured patients, there are discounts as high as 50 percent 
from the list price, which are negotiated by their insurance 
companies. Such a system has the effect of charging the 
uninsured the highest prices for health care. As a result, 
uninsured patients have lost good credit ratings and have had 
liens placed on their residences. The Subcommittee received 
testimony from three panels of witnesses. The first panel 
featured expert and advocacy witnesses who testified about 
hospital management and finance, debtor-creditor law, 
bankruptcy, and the perspective of patients. The second panel 
featured the chief executive officers of the five largest 
hospital chains in the United States. And the third panel was 
comprised of representatives from the Center for Medicare and 
Medicaid Services and the HHS Office of Inspector General. 
During the hearing, all of the hospital chains present stated 
that they had implemented or would implement policies providing 
free or discounted care for low-income, uninsured patients.

                    ANTI-DEPRESSANT USE BY CHILDREN

    On September 9 and September 23, 2004, the Subcommittee on 
Oversight and Investigations held hearings examining concerns 
over the safety and efficacy of anti-depressants in children 
and whether data from various pediatric clinical trials of 
anti-depressants had been communicated adequately to the 
public. The September 9 hearing focused on publication and 
disclosure issues of the safety and efficacy data in pediatric 
anti-depressant clinical trials. The Subcommittee received 
testimony from representatives of the seven pharmaceutical 
companies that conducted pediatric clinical trials for 
depressed children, the FDA, and industry associations. The 
September 23 hearing focused primarily on the FDA's regulatory 
process of reviewing the anti-depressant pediatric clinical 
trial safety data and whether the FDA informed the public in an 
accurate and timely manner about the risks associated with 
these drugs for children. Six witnesses from the FDA provided 
testimony.

                 AVAILABILITY OF INFLUENZA VACCINATIONS

    On November 18, 2004, the Subcommittee on Oversight and 
Investigations held a joint hearing with the Subcommittee on 
Health, to examine the current flu vaccine shortage and assess 
what is being done to protect high-risk individuals for 2004/
2005 flu season and also to decrease the chances of shortages 
happening in the future. Broader vaccine marketplace issues 
were also examined. The Subcommittees received testimony from 
representatives from the Department of Health and Human 
Services, the Government Accountability Office, a state health 
department, and various segments of the health care industry.
    Additionally, the Subcommittee on Oversight and 
Investigations initiated an investigation of issues surrounding 
the loss of nearly half of the flu vaccine needed by the United 
States for the 2004/2005 flu season, as a result of 
contamination at the Liverpool, UK manufacturing facility of 
Chiron Corporation. Full Committee Chairman Barton and Ranking 
Member Dingell wrote the HHS, FDA, and the Chiron Corporation, 
on November 18, 2004, requesting documents relating to when the 
flu vaccine shortage first became apparent, and the company and 
agencies' attention and response to the reports of problems as 
they emerged. This aspect of the investigation is ongoing.

                      MEDICAID DRUG REIMBURSEMENT

    On December 7, 2004, the Subcommittee on Oversight and 
Investigations held a hearing on prescription drug 
reimbursement under Medicaid. The hearing focused on whether 
the Federal Medicaid program pays too much for prescription 
drugs, primarily because most states continue to reimburse 
based upon Average Wholesale Price, or AWP, a price reported by 
drug manufacturers solely for reimbursement purposes. Pricing 
data and documents obtained by the Subcommittee during its 
extensive investigation revealed that AWP bears little 
relationship to what pharmacies and physicians actually pay for 
the drugs, particularly for generic drugs. States have 
difficulty in obtaining accurate sales prices because, although 
CMS receives them from the manufacturers, it is barred by law 
from sharing them with the states. Some states have been very 
aggressive in establishing other mechanism to get accurate 
prices and additional price concessions from drugmanufacturers. 
But all of the witnesses agreed that the AWP system was ``broken'' and 
needed to be fixed. During the hearing, the Subcommittee received 
testimony from two witnesses, from Ven-A-Care of Florida Keys, Inc., 
which had been instrumental in bringing various Medicare and Medicaid 
abuses to the attention of the Congress, as well as Federal and state 
agencies. The company also had prosecuted numerous false claims cases 
arising from the issues examined at the Hearing. The Subcommittee also 
received testimony from officials from the CMS, the Texas Attorney 
General's office, the Texas Health and Human Services Commission, 
Michigan Department of Community Health, pharmacy chains, and generic 
and brand drug manufacturers.

                        Investigative Activities


                NIH MANAGEMENT AND OVERSIGHT OF RESEARCH

    In the 108th Congress, the Subcommittee on Oversight and 
Investigations initiated an examination of the NIH management 
and oversight of its federally funded research. Between 1998 
and 2002, Congress increased NIH's appropriations from $13.6 
billion to $23.1 billion, an increase of $9.5 billion. During 
this same period, NIH increased the amount of grant awards it 
issued from $9.5 billion to $16.6 billion, an increase of $7 
billion. In a March 2003 letter to the NIH director, Full 
Committee Chairman Tauzin and Subcommittee Chairman Greenwood 
requested information relating to grant oversight; efforts to 
address waste, fraud, and abuse in federal grants; and 
information relating to NIH administration and administrative 
costs. The review is ongoing.

                           NIH AWARDS PROCESS

    In the 108th Congress, the Subcommittee on Oversight and 
Investigations opened an inquiry into the fairness of the NIH 
awards process, specifically whether in some cases NIH's 
methods of awarding grants and contracts are structured to 
ensure or maximize the chances that certain institutions and/or 
individuals personally favored by high-ranking NIH officials 
win the awards. On November 10, 2003, Full Committee Chairman 
Tauzin and Subcommittee Chairman Greenwood issued letters to 
relevant parties requesting information relating to a March 
2002 award to Harvard University of a five-year, $40 million 
subcontract for a molecular target laboratory (MTL) through a 
prime contract funded by the National Cancer Institute. 
Documents obtained by the Committee raised questions about 
whether the outcome of the award was pre-determined. The review 
is ongoing.

                        NIH PROCUREMENT PROCESS

    As part of its oversight of NIH financial management, and 
its broader review of procurement policies at agencies within 
its jurisdiction, the Subcommittee on Oversight and 
Investigations initiated an examination of the standards used 
to award contracts and the nature of the procurement process at 
NIH. In a March 2004 letter to the NIH director, Full Committee 
Chairman Barton and Subcommittee Chairman Greenwood requested 
records relating to the use of purchase cards, purchase orders, 
telecommunications support contracts, and technology 
acquisition contracts at the agency. The review is ongoing.

                         NIH SALARY LIMITATIONS

    As part of its oversight of the ethics programs at the NIH, 
the Subcommittee on Oversight and Investigations identified 
issues concerning the NIH's use of special authority under 
Title 42 of the Public Health Service Act. The special 
authority, 42 U.S.C. 209(f) ``Special Consultants,'' provides 
that under certain circumstances, special consultants may be 
employed ``to assist and advise in the operations of the 
[Public Health] Service'' without regard to civil service laws. 
Since 2000, the NIH, without the knowledge of Congress, has 
been using 42 U.S.C. 209(f) as a mechanism to increase the 
salaries of government scientists by evading the salary 
limitations in the civil service system and treating these 
full-time, government scientists as if they were temporary 
expert consultants. As a result, the NIH has compensated nearly 
4,000 out of 6,000 of its scientists under this mechanism, 
including paying some NIH Institute Directors and other senior 
NIH officials at annual salary rates greater than the salary of 
the Secretary of the Department of Health and Human Services. 
The Subcommittee raised legal and policy questions about the 
perceived misuse of special-consultant authority during its NIH 
oversight hearings. As a result of the Subcommittee's raising 
the issue, the NIH is working with the Committee on a 
legislative solution that addresses the concerns raised.

                      FEDERAL WORKPLACE DRUG TESTS

    In a February 2003 letter to the Secretary of HHS, the 
Subcommittee on Oversight and Investigations raised concerns 
about delays to include alternative drug tests in federal 
workplace programs and requested that the agency expedite 
review of alternative drugs tests and take appropriate action 
to strengthen the federal workplace drug-testing program. 
Federal workplace drug testing policy continues to be based 
only on testing of urine, as it has since 1988. However, since 
1988 the FDA has approved alternative drug tests using hair, 
sweat, and saliva. Notwithstanding FDA clearance of 
alternatives to urine-testing for drugs-of-abuse, increased use 
of alternative tests in the private sector, and the meetings of 
the Substance Abuse and Mental Health Services Administration 
(SAMHSA)'s Drug Testing Advisory Board over a five-year period, 
SAMHSA had not published proposed guidelines on alternative 
specimens for notice and comment. As a result of the 
Subcommittee's inquiry, HHS published proposed revisions to 
federal mandatory drug-testing guidelines in the Federal 
Register. These revisions require federal workers who submit to 
drug screening to have their saliva, sweat or hair tested as 
the Administration increases efforts to deter and detect 
illegal drug use among 1.6 million civilian employees.

                   STATES' ADMINISTRATION OF MEDICAID

    In the 108th Congress, the Subcommittee on Oversight and 
Investigations launched an investigation into potential waste, 
fraud, and abuse in the Medicaid program. In January 2003, the 
U.S. Government Accountability Office (GAO) placed Medicaid for 
the first time on its list of government programs at ``High 
Risk'' of fraud, waste, abuse or mismanagement. On June 12, 
2003, the Subcommittee issued letter requests to all 50 states 
for documents and information on a range of matters relating to 
each State's administration and oversight of the Medicaid 
program. Part of this inquiry involved an examination of 
intergovernmental transfers and state financing mechanisms: 
Among the matters principally at issue with intergovernmental 
transfers is the use of certain financing mechanisms by some 
states to generate additional Federal Medicaid matching funds. 
Included in these financing mechanisms is a process by which 
excessive Medicaid payments to state-owned health facilities 
are subsequently returned to the state treasury and then 
reported to the Federal government for the purposes of 
obtaining Medicaid matching dollars. The Subcommittee has been 
investigating the scope and prevalence of such mechanisms, and 
whether this is common practice among certain states and their 
public hospitals.

          STATES' EFFORTS TO REDUCE MEDICAID SPENDING ON DRUGS

    As part of its ongoing investigation into prescription drug 
reimbursement under Medicaid, Subcommittee Chairman Greenwood, 
in February 2004, requested a U.S. Government Accountability 
Office (GAO) review of Medicaid prescription drug reimbursement 
approaches by the states. Among states, outlays for Medicaid 
ranked second only to elementary and secondary education. The 
Subcommittee requested that GAO determine whether states have 
been obtaining all available drug rebates under the Medicaid 
Drug Rebate program to which they are entitled and that GAO 
examine means by which states can constrain the growth in drug 
spending without affecting enrollees' access to quality 
prescription drugs. A report from GAO is expected in the 109th 
Congress.

                     THE 340B DRUG DISCOUNT PROGRAM

    In August 2004, the Subcommittee on Oversight and 
Investigations opened an investigation into Department of 
Health and Human Services' management of the 340B Drug Discount 
Program, which was created to provide discount drug prices for 
various entities that serve low-income patients, including 
community health centers and public hospitals. The 
investigation was prompted by two inspection reports issued in 
June 2004 by the Department of Health and Human Services' 
Office of Inspector General (HHS-OIG). The reports focused on 
the administration of the program and revealed that 340B 
entities are often overcharged for the drugs and that there are 
major structural defects in the management and oversight of the 
Program on the part of HHS's Health Resources and Services 
Administration (HRSA). The first of these inspection reports 
compared the prices that a sample of the 340B entities actually 
paid in September 2002 to the 340B ceiling prices for those 
drugs and found that many of the sampled prices exceeded the 
ceiling prices, resulting in substantial overcharges. These 
overcharges are often passed on to Medicaid, because if covered 
entities dispense drugs purchased through the 340B Program to 
Medicaid recipients, they are required to bill Medicaid at 
acquisition cost. The report went on to explain that HRSA has 
no processes or procedures to ensure that 340B entities receive 
the discounted prices from the drug manufacturers, nor does it 
have the authority to remedy any overcharges it may uncover. 
The second report found serious problems with the database used 
by HRSA to administer the Program and concluded that these 
deficiencies compromised HRSA's ability to manage the Program 
successfully. Full Committee Chairman Barton sent a letter to 
HRSA on August 9, 2004 asking HRSA to describe its management 
of the 340B Program and what steps it has taken to improve its 
oversight in light of the HHS-OIG reports. Chairman Barton also 
sent a request letter to HHS-OIG on October 31, 2004 requesting 
additional examination of this issue.

                           DESIGNER STEROIDS

    As part of its investigation of the marketing of dangerous, 
unregulated supplements, the Subcommittee on Oversight and 
Investigations initiated an inquiry into the proliferation of 
``pro-steroid'' and ``precursor steroid'' and related products 
in the marketplace--increasingly used by teenagers. Neither the 
1990 Controlled Substances Act nor the Anabolic Steroid Control 
Act of 1990 specifically empowers the FDA and Drug Enforcement 
Agency (DEA) to regulate or, where appropriate, ban these 
substances, which may in fact be more powerful than the 
steroids and related products Congress banned in 1990. Because 
of news reports that marketers may have taken advantage of this 
potential regulatory loophole, the Committee sent letter 
requests to the FDA and DEA for information on efforts to 
address the safety and regulatory concerns surrounding the 
development and market of these products.

                      ILLICIT INTERNET PHARMACIES

    On December 9, 2003, as part of its continuing oversight of 
the problems of counterfeit drugs, Internet pharmacies, and 
imported drugs, the Subcommittee on Oversight and 
Investigations initiated an investigation of enablers of 
illegal Internet pharmacies and what efforts have been made 
toward discouraging these enablers from facilitating illicit 
Internet pharmacies. Enablers include: Internet search engines 
that accept advertising from illicit Internet pharmacies, 
consignment carriers used by Web sites to ship drugs from these 
pharmacies, and credit card companies used in advertising by 
illicit Internet pharmacies. The Committee sent letters to the 
FDA, and the Bureau of Customs and Border Protection to get 
details about any companies that these agencies have contacted, 
and whether any of these companies committed to 
discontinuedoing business with illicit Internet pharmacies. In 
addition, the Committee wrote to the CEOs of Federal Express, United 
Parcel Service, Visa International, and MasterCard International, for 
information about each company's actions or counter-measures taken 
relating to illicit Internet pharmacy websites.

                            PAINKILLER ABUSE

    In connection with the Subcommittee's ongoing oversight of 
pharmaceutical abuse and diversion in general, and of the abuse 
and diversion of the painkiller Oxycontin in particular, the 
Subcommittee initiated an examination of Palladone, a high 
dose, extended release formulation that contains hydromorhone, 
a Schedule II narcotic painkiller. Palladone is currently 
undergoing FDA evaluation. On February 26, 2003, Chairman 
Tauzin, Ranking Member Dingell, Subcommittee Chairman 
Greenwood, and Subcommittee Ranking Member Deutsch wrote Purdue 
Pharma L.P. for records relating to risk management, safety, 
and marketing of Palladone. As part of this inquiry the 
Subcommittee continued its oversight of efforts to reduce 
deaths and addiction associated with Oxycontin, while at the 
same time enabling legitimate patients access to effective 
palliative medication. In addition, Subcommittee Chairman 
Greenwood, with Appropriations' Commerce-Justice-State 
Subcommittee Chairman Wolf and Mr. Harold Rogers, requested 
that the GAO examine Oxycontin abuse and diversion and efforts 
to address the problem. In December 2003, the GAO issued its 
report and recommended that the FDA Commissioner ensure that 
FDA's risk-management plan guidance encourages pharmaceutical 
manufacturers that submit new drug applications for these 
substances to include plans that contain a strategy for 
monitoring the use of these drugs and identifying potential 
abuse and diversion problems.

                        PRESCRIPTION DRUG SAFETY

    As part of its continuing oversight of the public health 
and the safety of prescription drugs, the Subcommittee on 
Oversight and Investigations initiated an investigation of 
issues surrounding the withdrawal of a non-steroidal anti-
inflammatory drug (NSAID) Cox-2 inhibitor called rofecoxib, 
known commercially as Vioxx, by its manufacturer Merck & Co., 
Inc. (Merck). On September 30, 2004, Merck publicly announced a 
voluntary worldwide withdrawal of Vioxx, a medicine approved by 
the FDA in 1999 for use in treating osteoarthritis and the 
management of acute pain in adults, and later, for rheumatoid 
arthritis. The publicly reported reason for this withdrawal was 
new data from a three-year clinical trial that showed a two-
fold increase in cardiovascular adverse events in patients 
taking Vioxx. On November 23, 2004, Committee Chairman Barton 
and Ranking Member Dingell wrote Merck and the FDA to request 
more information and documentation relating to: (1) FDA 
knowledge about these cardiovascular adverse events associated 
with Vioxx, (2) when FDA learned about this information, (3) 
the action FDA took in response to cardiovascular safety 
concerns associated with Vioxx. The investigation is ongoing.

  HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO ENERGY AND THE 
                              ENVIRONMENT


                                Hearings


              MANAGEMENT OF LOS ALAMOS NATIONAL LABORATORY

    On February 26 and March 12, 2003, the Subcommittee on 
Oversight and Investigations held hearings on procurement and 
property mismanagement and theft at Los Alamos National 
Laboratory. The purpose of the hearings was to: (1) assess 
reports of theft and loss of governmental property and misuse 
of government procurement mechanisms by personnel at Los Alamos 
National Laboratory (LANL), (2) review the actions of the 
University of California (UC) and LANL management in response 
to such reports, and (3) review the effectiveness of oversight 
of LANL by UC and the National Nuclear Security Administration 
(NNSA). At the February 26 hearing, the Subcommittee received 
testimony from two employees who were terminated during their 
investigation of theft at LANL, from the Department of Energy's 
Inspector General, and from a UC official who reviewed LANL 
issues. At the March 12 hearing, the Subcommittee received 
testimony from three LANL officials involved in the Lab's 
response to reported fraud and theft, a LANL employee 
responsible for a critical management contract, officials 
responsible for setting procurement and property management 
policy, and the former Director of LANL, the UC officials 
responsible for Laboratory Management, and an NNSA official 
responsible for direct federal oversight of LANL.
    On May 1, 2003, the Subcommittee on Oversight and 
Investigations held a hearing to review the Department of 
Energy's (DOE's) management of LANL, and LANL's response to the 
issues discussed in the previous hearings. The day before the 
hearing, the Secretary of Energy announced that the LANL 
contract would be competitively bid in 2005 for the first time 
in 60 years as a result of the management failings revealed in 
the Committee's and other investigations. The Subcommittee 
received testimony from the Deputy Secretary of Energy, the 
acting Administrator of the NNSA, the DOE Inspector General, 
and the President of the University of California and other UC 
officials.

               DOE'S HIGH-LEVEL WASTE MANAGEMENT PROGRAM

    On July 17, 2003, the Subcommittee on Oversight and 
Investigations held a hearing to review the DOE's radioactive 
high-level waste management program. The purpose of the hearing 
was to examine issues raised by a GAO report that evaluated the 
DOE's $230 billion program to clean-up high-level radioactive 
waste at former nuclear weapons production sites, and to 
identify weaknesses within DOE's cleanup plan. The Subcommittee 
received testimony from the DOE, GAO, and environmental 
officials from Washington State and theSouth Carolina. The 
hearing provided information supportive of the Committee's successful 
efforts to help pass legislation to speed cleanup of these wastes.

                        Investigative Activities


                        WORKER SAFETY AT HANFORD

    In the summer of 2004, following reports of safety 
incidents at the high-level radioactive waste tank cleanup 
project at the Hanford site, the Subcommittee on Oversight and 
Investigation opened an inquiry to review actions by the 
contractor in charge of the cleanup project and will continue 
to monitor the contractor and DOE efforts to improve worker 
safety at the tank farms.

                       DOE PLUTONIUM DISPOSITION

    All of the DOE's weapons-usable surplus plutonium has been 
removed from the Rocky Flats, Colorado site, and relocated to 
the Savannah River, South Carolina site. In the 108th Congress, 
the Subcommittee of Oversight and Investigations continued to 
review the numerous safety and physical security issues that 
must be resolved leading up to the final disposition of these 
50 tons of materials, as well as the management of these 
materials, which will run into the tens of billions of dollars.

                         EPA GRANTS MANAGEMENT

    In the 108th Congress, the Subcommittee on Oversight and 
Investigations initiated an investigation into the 
Environmental Protection Agency's (EPA) administration of 
assistance agreements, also known as grants, which, at more 
than $4.7 billion per year, account for more than half the 
Agency's budget. On August 4, 2004, following an EPA Office of 
Inspector General (OIG) report that found that EPA had not 
properly used a competitive process when selecting some of its 
grant recipients, Committee Chairman Joe Barton wrote the 
Administrator of the EPA requesting documents relating to the 
agency's grants management process. This review is ongoing.

                            EPA PROCUREMENT

    In the 108th Congress, the Subcommittee on Oversight and 
Investigations initiated a review of EPA procurement practices. 
On August 4, 2004, Full Committee Chairman Barton sent a letter 
to the EPA Administrator concerning an audit by the EPA OIG 
that raised questions about the Federal Supply Schedule (FSS) 
Procurement process. The OIG audit indicated that a lack of 
competition existed in the compilation of the FSS. This lack of 
competition resulted from inadequate procurement planning, 
rushed procurements, a lack of training for contract project 
officers, and a failure to comply with policies, procedures, 
policies, and regulations outlined by the federal government. 
As a result, the Committee specifically asked the EPA for an 
explanation on all FSS procurements above $100,000 when only 
one contractor was involved and for any changes made by EPA in 
the wake of the OIG audit. This review is ongoing.

                      HOMELAND SECURITY AT THE EPA

    In the 108th Congress, the Subcommittee on Oversight and 
Investigations initiated a review of EPA procedures as they 
relate to Homeland Security. An EPA OIG audit indicated that 
the Agency had not developed a coordinated plan for 
``identifying, obtaining, maintaining, and tracking'' 
counterterrorism and emergency-response equipment. On August 4, 
2004, Full Committee Chairman Barton wrote the EPA 
Administrator requesting information related to the Agency's 
actions in the wake of the OIG report. This review is ongoing.

            EPA IMPLEMENTATION OF NEW AIR QUALITY STANDARDS

    In April 2004, EPA issued its final rule designating 474 
counties, in 31 states, as non-attainment areas under the new 
8-hour Ozone National Ambient Air Quality Standards. Because 
this was the first ruling on this new standard, Full Committee 
Chairman Barton and Subcommittee Vice-Chairman Walden wrote the 
EPA Administrator on August 23, 2004, requesting records 
relating to EPA's discretionary-review process concerning non-
attainment designations. This review is ongoing.

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO TELECOMMUNICATIONS


                                Hearings


                           THE E-RATE PROGRAM

    On June 17, July 22, and September 22, 2004, the 
Subcommittee on Oversight and Investigations held hearings on 
waste, fraud, and abuse in the E-rate program, the portion of 
the Universal Service Fund set up to subsidize 
telecommunications and Internet service and infrastructure in 
qualified schools and libraries. The hearings examined (1) the 
oversight and management of the E-rate program by the Federal 
Communications Commission and the program administrator, (2) 
issues and vulnerabilities to waste, fraud, and abuse in 
program set-up, and (3) case examples of problems in the 
program. The June 17 hearing featured a review of disbursements 
of more than $100 million in E-rate funding for the Puerto Rico 
Department of Education (PRDOE). The Subcommittee received 
testimony from the Puerto Rico Office of the Comptroller, the 
PRDOE, the Inspector General of the Federal Communications 
Commission (FCC), vendors that were contracted to supply 
telephone and internal connections to the PRDOE's 1,500 
schools, a representative of the Universal Service 
Administrative Company (USAC), and FCC officials. The July 22 
hearing featured three panels of witnesses, and focused on 
acase of bid-rigging and wire fraud uncovered at the San Francisco 
Unified School District. The Subcommittee received testimony from the 
Superintendent of the San Francisco Unified School District, the former 
and current City Attorneys of San Francisco, a City Attorney's Office 
special investigator, officials associated with a company that pleaded 
guilty to federal bid-rigging and wire fraud charges, and FCC and USAC 
officials. The September 22 hearing focused on both a case involving a 
nationwide conspiracy to defraud the E-rate program and an examination 
of issues surrounding the denial of over $500 million in E-rate funding 
requests by school districts. USAC and the FCC denied the funding after 
determining that the program applicants violated the program's 
competitive-bidding requirements. The Subcommittee received testimony 
from officials with USAC, FCC, and FCC OIG; representatives of school 
districts and vendors associated with the nationwide conspiracy for 
which a vendor pleaded guilty in March 2003; and representatives of 
school districts and vendors associated with the denial of the $500 
million in E-rate requests.
    In addition, the Full Committee and Subcommittee Chairmen 
requested in December 2003 that the GAO review FCC's management 
of the E-rate program. GAO will complete that review early in 
the 109th Congress.

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO COMMERCE, TRADE, 
                        AND CONSUMER PROTECTION


                                Hearings


                             IDENTITY THEFT

    On December 15, 2003, the Subcommittee on Oversight and 
Investigations held a field hearing in Langhorne, Pennsylvania, 
to assess the crime of personal identity theft. The purpose of 
the hearing to assess the crime of identity theft, to provide 
consumers with information on where to go for assistance if 
they become victims, and to provide preventative tips to stop 
the fraud from occurring in the first place. The Subcommittee 
received testimony from three panels of witnesses. The first 
panel consisted of a Pennsylvania state representative, an 
identity theft victim, and a charitable organization 
representative. The second panel consisted of representatives 
from a national credit reporting agency and a state bank. The 
third panel included a Deputy Attorney General from the 
Pennsylvania Attorney General's Office, the Deputy Commissioner 
of the Pennsylvania State Police Department, and officials with 
the Bureau of Consumer Protection at the Federal Trade 
Commission and the U.S. Postal Inspection Service.

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO HOMELAND SECURITY 
                 AND CRITICAL INFRASTRUCTURE PROTECTION


                                Hearings


                    SECURITY AT NUCLEAR POWER PLANTS

    On March 18, 2003, the Subcommittee on Oversight and 
Investigations held a hearing to review the U.S. Nuclear 
Regulatory Commission's (NRC) proposed changes to security 
requirements at nuclear power plants. While opening statements 
by Members and witnesses were open to the public, the hearing 
went into executive session for Member questioning of the 
witnesses. The Subcommittee received testimony from three 
panels of witnesses: the first panel featured the Chairman and 
two Commissioners of the NRC, the second panel featured 
representatives from the nuclear industry and nuclear power 
companies and facilities, and the third panel featured an 
advocacy group. The new changes were finalized and are now 
being implemented at nuclear plants across the country.

                        PORT AND BORDER SECURITY

    Throughout the 108th Congress, the Subcommittee on 
Oversight and Investigations continued its focus on efforts of 
the Bureau of Customs and Border Protection (CBP) to secure the 
nation's ports and borders from terrorist efforts to smuggle 
weapons of mass destruction into the United States. On 
September 30, 2003, the Subcommittee held a hearing to review 
the federal government's progress toward installing radiation 
detection monitors at U.S. ports and borders. The hearing 
focused on CBP's ongoing efforts to install radiation portal 
monitors at each port to screen incoming cargo for radiological 
weapons. Due to the subject matter, the hearing was conducted 
in a classified session. The Subcommittee received testimony 
from one panel of witnesses, consisting of representatives from 
the CBP, the U.S. Postal Service, and the U.S. Government 
Accountability Office.
    On December 16, 2003, and March 31, 2004 the Subcommittee 
held hearings to review the CBP's targeting and inspection 
program for sea cargo. The hearings focused on CBP's efforts to 
implement a system to screen all incoming sea cargo and target 
for evaluation and inspection high-risk cargo entering the 
United States. While opening statements by Members and 
witnesses were open to the public, the hearing went into 
executive session for Member questioning of the witnesses. At 
the December 16 field hearing held at the Delaware River Port 
Authority, in Camden, New Jersey, the Subcommittee received 
testimony from two panels of witnesses, consisting of 
representatives from the GAO, the Department of Homeland 
Security's Office of Inspector General (OIG), CBP, and the 
Philadelphia Regional Port Authority. At the March 31, 2004, 
the Subcommittee received testimony from representatives of the 
CBP, the GAO, the OIG, Council of Foreign Relations, and 
representatives from the Port of Los Angeles-Long Beach and 
Port of New York-New Jersey. Port security continues to be a 
major priority for the Subcommittee.

                SECURITY AT DOE/NNSA NUCLEAR FACILITIES

    On March 4 and May 11, 2004, the Subcommittee on Oversight 
and Investigations held hearings to assess the state of 
security at DOE nuclearfacilities, and the implementation of 
the revised design basis threat (DBT) at various sites managed by DOE 
and the National Nuclear Security Administration (NNSA). While opening 
statements by Members and witnesses were open to the public, the 
hearings went into executive session for Member questioning of the 
witnesses. At the March 4 hearing, the Subcommittee received testimony 
from DOE, the DOE Office of Inspector General, NNSA, and nuclear 
security authorities. At the May 11 hearing, the Subcommittee received 
testimony from the DOE, NNSA, U.S. Government Accountability Office, 
and the Project on Government Oversight.

                        Investigative Activities


     SECURITY AND SAFETY PROBLEMS AT LOS ALAMOS NATIONAL LABORATORY

    In the 108th Congress, the Subcommittee on Oversight and 
Investigations continued review and monitoring of security and 
safety problems at LANL. The Lab continued to demonstrate a 
lack of rigor in its management of Classified Removable 
Electronic Media (CREM). In July 2004, two computer discs 
containing highly classified materials were thought to have 
been lost. As a result, all classified operations had been shut 
down at Los Alamos, and remain shut down. Full Committee 
Chairman Barton visited Los Alamos in July 2004 to review the 
situation personally. On October 15, 2004, Chairman Barton sent 
letters to the NNSA Administrator and the LANL Director 
requesting a complete estimate of the costs to the taxpayers 
resulting from the ongoing stand-down at LANL due to the 
events. Review of the security and safety at LANL is ongoing.

                        CHEMICAL PLANT SECURITY

    In the 108th Congress, the Committee continued its review 
of Federal and industry efforts to improve security at sites 
possessing potentially dangerous chemicals. As part of this 
review, officials from the EPA met with Committee staff on 
February 26th to discuss the agency's voluntary survey of 
security practices at approximately 31 high-risk chemical 
facilities across the country. On February 28, 2004, the Full 
Committee Chairman Tauzin, Environment and Hazardous Materials 
Subcommittee Chairman Gillmor, and Oversight and Investigations 
Subcommittee Chairman Greenwood wrote the EPA Administrator 
requesting documents and information to assist the Committee in 
its continuing oversight of chemical plant security. Review of 
chemical plant security is ongoing.

           TRANSPORTATION SECURITY ADMINISTRATION CONTRACTING

    In the 108th Congress, the Subcommittee on Oversight and 
Investigations opened an investigation into the Transportation 
Security Administration's (TSA) management and oversight of its 
contract with a private firm to provide airport screeners. In 
March 2002 the TSA signed a contract with Pearson Government 
Solutions to recruit 30,000 to 50,000 airport ``screeners'' in 
response to the events of 9/11. This contract was initially 
valued at approximately $104 million; however, it subsequently 
increased to more than $850 million. The Subcommittee is 
examining the reasons for this significant increase and TSA's 
oversight of the program.

     HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO CORPORATE 
                   ACCOUNTING PRACTICES AND OVERSIGHT


                                Hearings


                   FINANCIAL COLLAPSE OF HEALTHSOUTH

    On October 16 and November 5, 2003, the Subcommittee on 
Oversight and Investigations held two hearings to examine the 
financial collapse of the HealthSouth Corporation. 
Stockholders, including employees, lost more than $4 billion 
when it was revealed that the accounting had been deliberately 
manipulated to increase sales and reduce costs. Five former 
chief financial officers have pled guilty to fraud charges, as 
have several other employees. The former chief executive 
officer is expected to be tried on criminal charges next year. 
The hearings focused on the (1) failure of internal controls 
and corporate compliance within the health care services 
company, (2) the role that other parties, including the Board 
of Directors, the outside auditors and the investment bankers, 
played in the company's failure to detect and report financial 
fraud earlier, and the effect new Corporate accountability 
laws, passed in the 107th Congress, have on Corporate 
oversight. At the October 16 hearing, the Subcommittee received 
testimony from current and former HealthSouth corporate 
officers and employees with insight into company operations and 
practices, as well as the Chief Executive Officer and former 
Senior Vice President of Corporate Finance, both of whom 
invoked their Fifth Amendment protections at the hearing. At 
the November 5 hearing, the Subcommittee received testimony 
from a representative on the Ad Hoc Advisory Group on the 
Organizational Sentencing Guidelines, U.S. Sentencing 
Commission; certain members of the HealthSouth Board of 
Directors, the acting CEO; and representatives of HealthSouth's 
outside accounting, banking, and legal advisors.

                        Investigative Activities


                        SEC DOCUMENT PRODUCTION

    During the 107th Congress, the Subcommittee on Oversight 
and Investigations initiated a review of the role of the 
Securities and Exchange Commission (SEC) with respect to the 
SEC's own reviews and investigations of the financial collapse 
of 13 selected companies. This oversight effort continued in 
the 108th Congress and included an April 9, 2003, letter from 
Full Committee Chairman Tauzin to the SEC Chairman requesting 
the agency release certain internal agency documents relatingto 
its financial reviews of the companies at issue, which the agency had 
withheld from Committee staff. Following the request, the SEC supplied 
the internal records.

          MISCELLANEOUS HEARINGS AND INVESTIGATIVE ACTIVITIES


                        Investigative Activities


                  UNITED NATION'S OIL FOR FOOD PROGRAM

    The Committee first conducted oversight hearings on the 
United Nation's Oil for Food Program in the 106th Congress. In 
the 108th Congress the Committee continued its oversight of the 
Program. On May 23, 2003, and July 8, 2004, the Subcommittee on 
Energy and Air Quality held hearings on the Program. (See 
Energy and Air Quality Subcommittee section of this report for 
details.) As part of the Committee's intensified oversight, the 
Subcommittee on Oversight and Investigations launched an in-
depth review of the Program, including document reviews and 
interviews with State Department, Central Intelligence Agency, 
U.S. Treasury, IRS, former United Nations and Iraqi officials. 
Full Committee Chairman Barton and other Energy and Commerce 
Committee members and staff traveled to Baghdad, Iraq, in 
September 2004 to conduct interviews and perform site visits 
related to the program. On October 7 and October 18, 2004, 
Chairman Barton wrote United Nations Secretary-General Kofi A. 
Annan requesting his personal involvement in the expeditious 
discovery and release by the United Nations of information and 
documents related to the Committee's investigation. On October 
22, 2004, Chairman Barton wrote Jacques Chirac, President of 
France, requesting the French government's cooperation in the 
Committee's investigation of the Program. Chairman Barton met 
with the French Ambassador in December 2004, to discuss this 
matter.

             FEDERAL AGENCY MANAGEMENT AND ETHICS OVERSIGHT

    In the 108th Congress, as part of the Committee's oversight 
responsibilities generally and as an expansion of its review of 
conflict-of-interest policies in particular, the Subcommittee 
on Oversight and Investigations initiated an examination of 
ethics policies and practices at Federal agencies and 
commissions within the Committee's jurisdiction. On June 18, 
2004, Full Committee Chairman Barton and Oversight and 
Investigations Subcommittee Chairman Greenwood requested 
information and documents relating to this investigation from 
15 Federal agencies: the Department of Commerce, Department of 
Energy, Department of Health and Human Services, Consumer 
Product Safety Commission, Environmental Protection Agency, 
Federal Communications Commission, Federal Trade Commission, 
Food and Drug Administration, National Highway Traffic Safety 
Administration, Nuclear Regulatory Commission, Chemical Safety 
and Hazard Investigation Board, Medicare Payment Advisory 
Commission, Nuclear Waste Technical Review Board, and Defense 
Nuclear Facilities Safety Board. The review of agency policies 
is ongoing.

                             Hearings Held

    The Medical Liability Insurance Crisis: A Review of the 
Situation in Pennsylvania.--Oversight hearing on The Medical 
Liability Insurance Crisis: A Review of the Situation in 
Pennsylvania. Hearing held on February 10, 2003. PRINTED, 
Serial Number 108-4.
    Procurement and Property Mismanagement and Theft at Los 
Alamos National Laboratory.--Oversight hearing on Procurement 
and Property Mismanagement and Theft at Los Alamos National 
Laboratory. Hearings held on February 26, 2003 and March 12, 
2003. PRINTED, Serial Number 108-13.
    South Florida's Access to Affordable Prescription Drugs: 
Costs and Benefits of Alternative Solutions.--Oversight hearing 
on South Florida's Access to Affordable Prescription Drugs: 
Costs and Benefits of Alternative Solutions. Hearing held on 
March 10, 2003. PRINTED, Serial Number 108-9.
    A Review of NRC's Proposed Security Requirements for 
Nuclear Power Plants.--Oversight hearing on A Review of NRC's 
Proposed Security Requirements for Nuclear Power Plants. 
Hearing held on March 18, 2003. NOT PRINTED.
    SARS: Assessment, Outlook, and Lessons Learned.--Oversight 
hearing on SARS: Assessment, Outlook, and Lessons Learned. 
Hearing held on May 7, 2003. PRINTED, Serial Number 108-20.
    Assessing Initiatives to Increase Organ Donations.--
Oversight hearing on Assessing Initiatives to Increase Organ 
Donations. Hearing held on June 3, 2003. PRINTED, Serial Number 
108-36.
    A System Overwhelmed: The Avalanche of Imported, 
Counterfeit, and Unapproved Drugs into the U.S.--Oversight 
hearing on A System Overwhelmed: The Avalanche of Imported, 
Counterfeit, and Unapproved Drugs into the U.S. Hearing held on 
June 24, 2003. PRINTED, Serial Number 108-29.
    A Review of DOE's Radioactive High-Level Waste Cleanup 
Program.--Oversight hearing on A Review of DOE's Radioactive 
High-Level Waste Cleanup Program. Hearing held on July 17, 
2003. PRINTED, Serial Number 108-42.
    Issues Relating to Ephedra-containing Dietary 
Supplements.--Oversight hearing on Issues Relating to Ephedra-
containing Dietary Supplements. Hearing held on July 23, 2003. 
PRINTED, Serial Number 108-43.
    Issues Relating to Ephedra-containing Dietary 
Supplements.--Joint oversight hearing with the Subcommittee on 
Commerce, Trade, and Consumer Protection on Issues Relating to 
Ephedra-containing Dietary Supplements. Hearing held on July 
24, 2003. PRINTED, Serial Number 108-43.
    Nuclear Terrorism Prevention: A Review of the Federal 
Government's Progress toward Installing Radiation Detection 
Monitors at U.S. Ports and Borders.--Oversight hearing on 
Nuclear Terrorism Prevention: A Review of the Federal 
Government's Progress towardInstalling Radiation Detection 
Monitors at U.S. Ports and Borders. Hearing held on September 30, 2003. 
NOT PRINTED.
    The Financial Collapse of HealthSouth.--Oversight hearing 
on the Financial Collapse of HealthSouth. Hearings held on 
October 16, 2003 and November 5, 2003. PRINTED, Serial Numbers 
108-53 and 108-59.
    Identity Theft: Assessing the Problem and Efforts to Combat 
It.--Oversight hearing on Identity Theft: Assessing the Problem 
and Efforts to Combat It. Hearing held on December 15, 2003. 
PRINTED, Serial Number 108-60.
    Port Security: A Review of the Bureau of Customs and Border 
Protection's Targeting and Inspection Program for Sea Cargo.--
Oversight hearing on Port Security: A Review of the Bureau of 
Customs and Border Protection's Targeting and Inspection 
Program for Sea Cargo. Hearing held on December 16, 2003. NOT 
PRINTED.
    A Review of Security at DOE Nuclear Facilities and the 
Implementation of the Revised Design Basis Threat.--Oversight 
hearing on A Review of Security at DOE Nuclear Facilities and 
the Implementation of the Revised Design Basis Threat. Hearing 
held on March 4, 2004. NOT PRINTED.
    A Review to Assess Progress with the Bureau of Customs and 
Border Protection's Targeting Program for Sea Cargo.--Oversight 
hearing on A Review to Assess Progress with the Bureau of 
customs and Border Protection's Targeting Program for Sea 
Cargo. Hearing held on March 31, 2004. NOT PRINTED.
    DOE Nuclear Security: What Are the Challenges, and What's 
Next?--Oversight hearing on DOE Nuclear Security: What Are the 
Challenges, and What's Next? Hearing held on May 11, 2004. NOT 
PRINTED.
    NIH Ethics Concerns: Consulting Arrangements and Outside 
Awards.--Oversight hearings on NIH Ethics Concerns: Consulting 
Arrangements and Outside Awards. Hearings held on May 12, 2004, 
May 18, 2004, and June 22, 2004. PRINTED, Serial Number 108-88.
    Parents Be Aware: Health Concerns about Dietary Supplements 
for Overweight Children.--Oversight hearing on Parents Be 
Aware: Health Concerns about Dietary Supplements for Overweight 
Children. Hearing held June 16, 2004. PRINTED, Serial Number 
108-93.
    Problems with the E-Rate Program: Waste, Fraud, and Abuse 
Concerns in the Wiring of Our Nation's Schools to the 
Internet.--Oversight hearing on Problems with the E-Rate 
Program: Waste, Fraud, and Abuse Concerns in the Wiring of Our 
Nation's Schools to the Internet. Hearing held on June 17, 
2004. PRINTED, Serial Number 108-92.
    A Review of Hospital Billing and Collection Practices.--
Oversight hearing on A Review of Hospital Billing and 
Collection Practices. Hearing held on June 24, 2004. PRINTED, 
Serial Number 108-109.
    Problems with the E-Rate Program: Waste, Fraud, and Abuse 
Concerns in the Wiring of Our Nation's Schools to the 
Internet.--Oversight hearing on Problems with the E-Rate 
Program: Waste, Fraud, and Abuse Concerns in the Wiring of Our 
Nation's Schools to the Internet. Hearing held on July 22, 
2004. PRINTED, Serial Number 108-103.
    Publication and Disclosure Issues in Anti-Depressant 
Pediatric Clinical Trials.--Oversight hearing on Publication 
and Disclosure Issues in Anti-Depressant Pediatric Clinical 
Trials. Hearing held on September 9, 2004. PRINTED, Serial 
Number 108-121.
    Problems with the E-Rate Program: Waste, Fraud, and Abuse 
Concerns in the Wiring of Our Nation's Schools to the 
Internet.--Oversight hearing on Problems with the E-Rate 
Program: Waste, Fraud, and Abuse Concerns in the Wiring of Our 
Nation's Schools to the Internet. Hearing held on September 22, 
2004. PRINTED, Serial Number 108-124.
    FDA's Role in Protecting the Public Health: Examining FDA's 
Review of Safety & Efficacy Concerns in Anti-Depressant Use by 
Children.--Oversight hearing on FDA's Role in Protecting the 
Public Health: Examining FDA's Review of Safety & Efficacy 
Concerns in Anti-Depressant Use by Children. Hearing held on 
September 23, 2004. PRINTED, Serial Number 108-125.
    Flu Vaccine: Protecting High-Risk Individuals and 
Strengthening the Market.--Joint oversight hearing with the 
Subcommittee on Health on Flu Vaccine: Protecting High-Risk 
Individuals and Strengthening the Market. Hearing held on 
November 18, 2004. PRINTED, Serial Number 108-134.
    Medicaid Prescription Drug Reimbursement: Why the 
Government Pays Too Much.--Oversight hearing on Medicaid 
Prescription Drug Reimbursement: Why the Government Pays Too 
Much. Hearing held on December 7, 2004. PRINTED, Serial Number 
108-126.
 COMMITTEE ON ENERGY AND COMMERCE OVERSIGHT PLAN FOR THE 108TH CONGRESS

    Clause 2(d) of Rule X of the Rules of the House of 
Representatives for the 108th Congress requires each standing 
Committee in the first session of a Congress to adopt an 
oversight plan for the two-year period of the Congress and to 
submit the plan to the Committee on Government Reform and to 
the Committee on House Administration.
    Clause 1(d)(1) of Rule XI requires each Committee to submit 
to the House not later than January 2 of each odd-numbered 
year, a report on the activities of that committee under Rules 
X and XI during the Congress ending at noon on January 3 of 
such year. Clause 1(d)(3) of Rule XI also requires that such 
report shall include a summary of the oversight plans submitted 
by the Committee pursuant to clause 2(d) of Rule X; a summary 
of the actions taken and recommendations made with respect to 
each such plan; and a summary of any additional oversight 
activities undertaken by the Committee, and any recommendations 
made or action taken thereon.
    Part A of this section contains the Committee on Energy and 
Commerce Oversight Plan for the 108th Congress, which was 
considered and adopted by a voice vote of the Full Committee on 
February 12, 2003, a quorum being present.
    Part B of this section contains a summary of the actions 
taken by the Committee on Energy and Commerce to implement the 
Oversight Plan for the 108th Congress and the recommendations 
made with respect to this plan.
                                 PART A

            Committee on Energy and Commerce Oversight Plan

                     U.S. HOUSE OF REPRESENTATIVES

                             108TH CONGRESS

              CONGRESSMAN W. J. ``BILLY'' TAUZIN, CHAIRMAN

    Rule X, clause 2(d) of the Rules of the House requires each 
standing Committee to adopt an oversight plan for the two-year 
period of the Congress and to submit the plan to the Committees 
on Government Reform and House Administration not later than 
February 15 of the first session of the Congress.
    This is the oversight plan of the Committee on Energy and 
Commerce for the 108th Congress. It includes the areas in which 
the Committee expects to conduct oversight during the 108th 
Congress, but does not preclude oversight or investigation of 
additional matters as the need arises.
                              ----------                              


            COMMERCE, TRADE, AND CONSUMER PROTECTION ISSUES

                        VEHICLE AND TIRE SAFETY

    During the 106th Congress, the Committee's oversight of the 
Firestone tire recall matter led to the passage of 
legislation--the Transportation Recall Enhancement, 
Accountability, and Documentation (TREAD) Act--mandating that 
the National Highway Traffic Safety Administration (NHTSA) 
institute rulemakings to require the submission of data on 
safety-related problems, claims, and lawsuits (whether foreign 
or domestic) from manufacturers of products within NHTSA's 
purview, including tires and vehicles. In the 107th Congress, 
the Committee conducted oversight of NHTSA's implementation of 
the TREAD Act, as well as industry's continuing response to the 
safety issues that led to its enactment. In the 108th Congress, 
the Committee intends to continue its review of the 
implementation of the TREAD Act, including creation of an early 
warning database system, rollover standard setting, and general 
vehicle safety issues.

            DECEPTIVE ADVERTISING OF HEALTH-RELATED PRODUCTS

    During the past two years, the Federal Trade Commission 
(FTC) has increased its enforcement efforts in the area of 
deceptive advertising of health-related products, particularly 
weight-loss supplements. Despite these increased efforts by the 
FTC to crack down on deceptive advertising in this area, 
advertising of weight-loss products continues to saturate all 
advertising mediums. In the 108th Congress, the Committee will 
examine the enforcement efforts to date of the FTC with respect 
to deceptive advertising of weight-loss products, and 
investigate issues related to recidivism in this industry, as 
well as emerging products that are being marketed directly to 
children or are dietary products designed for use exclusively 
by children.

                 THE FTC'S CONSUMER PROTECTION EFFORTS

    In the 108th Congress, the Committee will continue to 
review the management, operations, rulemaking, and enforcement 
actions of the Federal Trade Commission (FTC) in safeguarding 
consumers. In particular, the Committee will continue to review 
Commission activity with regard to franchises, business 
opportunities, telemarketing and identity theft. The Committee 
also will examine the FTC's consumer protection mandate and 
performance as part of its reauthorization process.

                        CONSUMER PRODUCT SAFETY

    In the 108th Congress, the Committee will continue to 
review the management, operations, and activities of the 
Consumer Product Safety Commission (CPSC) in safeguarding 
consumers, and particularly their children, from faulty or 
dangerous products. In particular, the Committee will review 
the adequacy of the CPSC's data gathering and dissemination 
efforts with respect to products within its jurisdiction. The 
Committee also will examine other activities that enhance 
consumer product safety, such as safety standard organizations.

                     FINANCIAL ACCOUNTING STANDARDS

    The Committee's oversight of corporate accounting scandals 
during the 107th Congress led to the passage of corporate 
governance and accounting reform legislation in 2002. In the 
108th Congress, the Committee will conduct oversight of 
accounting standards changes and Financial Accounting Standards 
Board (FASB) projects implemented in response to the new law 
and the corporate financial collapses of 2001 and 2002. In 
particular the Committee will monitor changes to standards 
relating to accounting for derivatives and hedging, 
disclosurerequirements for guarantees, and disclosures about fair value 
and revenue recognition. The Committee will seek to ensure that the 
FASB standard-setting process is independent and transparent, and that 
the standards set by FASB result in unbiased financial information that 
reflects economic reality and promotes transparency in corporate 
disclosure. The Committee also will review the implementation of the 
funding mechanism provided for FASB through the Public Company 
Accounting Oversight Board created under last year's corporate reform 
act.
    In addition, the Committee will monitor the progress of the 
International Accounting Standards Board (IASB) and its effect 
on U.S. accounting standards and standard setting. The 
Committee also will review the Securities and Exchange 
Commission study regarding principles-based accounting to 
explore the costs and benefits of a rules-based vs. principles-
based system of accounting for U.S. companies.

                       INTERSTATE AND E-COMMERCE

    In the 108th Congress, the Committee will continue to 
examine issues that substantially impact or affect interstate 
commerce, with particular interest in activities that impede 
such commerce. The Committee will continue its review of 
consumer information privacy in the commercial context. The 
Committee also will continue to examine impediments to 
electronic commerce, including state legal and regulatory 
impediments.
    In addition, the Committee will continue to review and 
consider issues relating to private-sector cyber security, 
fraud, and other criminal issues confronting e-commerce. The 
Committee also will continue to examine whether there is a need 
for further liability reform in a number of areas, including 
product liability and punitive damage awards generally.

                                 TRADE

    In the 108th Congress, the Committee will continue to 
monitor and examine both multilateral trade agreements 
(including World Trade Organization agreements) and bilateral 
agreements such as the Singapore and Chile Free Trade 
Agreements, as those agreements relate to services within the 
Committee's jurisdiction--including telecommunications, 
electronic commerce, food and drugs, and energy. The Committee 
also will examine non-tariff trade barriers, such as legal and 
regulatory barriers, to electronic commerce and other services 
within the Committee's jurisdiction. In addition, the Committee 
will examine the role of the Office of the United States Trade 
Representative with respect to the assessment of international 
telecommunications trade and the implementation of trade 
agreements in this area. The Committee also will continue to 
examine the issue of foreign government ownership of companies 
in service industries within the Committee's jurisdiction.

               ELECTRONIC COMMUNICATIONS NETWORKS (ECNS)

    In the 108th Congress, the Committee will continue to 
evaluate the role of electronic communications networks (ECNs) 
in providing competition in the securities marketplace. The 
Committee will review impediments to competition and innovation 
in the securities markets, and explore ways to eliminate 
barriers while preserving investor protections. The Committee 
also will examine the current issues surrounding the 
availability of market data, and will consider appropriate 
treatment of last sale and quotation information.

                               ATHLETICS

    In the 108th Congress, the Committee will continue to 
conduct oversight of issues affecting amateur athletics, 
including the role of commercialism, athletic opportunities, 
drug abuse, and the health and welfare of student athletes. In 
addition, the Committee will monitor the governance of 
organizations responsible for administering athletics, 
including the U.S. Olympic Committee.

                           TRAVEL AND TOURISM

    Following the September 11 terrorist attacks, the travel 
and tourism industries were severely impacted by the decrease 
in business and vacation travel. In the 108th Congress, the 
Committee will review the obstacles that stand in the way of a 
full recovery for the travel and tourism industries, as well as 
how the industries, along with Federal and state governments, 
can encourage and promote the United States as a travel 
destination for international and domestic passengers.

                     ENERGY AND AIR QUALITY ISSUES


                         NATIONAL ENERGY POLICY

    During the 108th Congress, the Committee will undertake an 
examination of national energy policy, examining U.S. policies 
as they relate to conservation, energy efficiency, production, 
and consumption of electricity, oil and natural gas, coal, 
hydroelectric power, nuclear power, and renewable energy. The 
Committee will examine the impact government policies are 
having on the exploration, production, and development of 
domestic energy resources. The Committee will review the 
Department of Energy's Office of Fossil Energy to ensure that 
its programs and resources are being optimized to support the 
domestic petroleum industry. The Committee also will examine 
global crude oil supplies in light of potential supply 
interruptions, such as a war with Iraq, political turmoil in 
Venezuela, and increasing competition from other countries for 
swing supply. The Committee will examine other issues relating 
to the nation's current energy infrastructure with a view 
towards its expansion.
    In May 2001, Vice President Cheney and the other members of 
the National Energy Policy Development Group issued a report on 
a National Energy Policy. The report recommends specific 
legislative and regulatoryreforms necessary to ensure the 
nation's long-term energy security and to meet short-term energy needs. 
The report contains numerous recommendations for action by specific 
agencies within the Federal government. The Committee will conduct 
oversight of the activities of these agencies with regard to the 
recommendations contained in the National Energy Policy report.

                THE FEDERAL ENERGY REGULATORY COMMISSION

    In the 108th Congress, the Committee will continue to 
examine the activities of the Federal Energy Regulatory 
Commission (FERC) relating to electric industry restructuring, 
protection of consumers, and the development of efficient and 
vigorous wholesale markets for electricity. In particular, the 
Committee will focus on FERC's review of applications for 
regional transmission organizations (RTOs), its review of 
comments on its proposed standard market design rulemaking, the 
adequacy and reliability of the nation's interstate 
transmission grid, and other matters relating to wholesale 
electricity markets and the development of infrastructure 
needed to support such markets. The Committee will examine 
whether FERC's policies appropriately address the interests of 
each region of the country, the situation of industry 
participants with pending RTO applications, and the overall 
benefits of well-functioning wholesale markets. The Committee 
also will continue its oversight of FERC's handling of, and 
lessons learned from, the crisis in California and western 
electricity markets during 2001-2002, including review of the 
Commission staff's forthcoming investigative report and the 
Commission's other enforcement activity.

                     THE FEDERAL ELECTRIC UTILITIES

    In the 108th Congress, the Committee will conduct oversight 
of the activities of the Federal Power Marketing 
Administrations (PMAs) and the Tennessee Valley Authority 
(TVA). The Federal government has been marketing electricity 
since the 1930s. According to the General Accounting Office 
(GAO), the Federal government today markets more than 10 
percent of the nation's power through the PMAs and TVA. The 
majority of this power is sold to ``preference customers,'' 
which includes cooperatives, municipal utilities, irrigation 
districts, large industrial customers, and military 
installations. The Committee will conduct oversight of the PMAs 
and TVA regarding issues such as debt reduction through 
recovery of costs, consistency with electricity transmission 
policies of the Federal government to promote competitive 
wholesale power markets, transmission and generation 
infrastructure upgrades, and compliance with relevant statutes.

                      OIL AND NATURAL GAS MARKETS

    In the 108th Congress, the Committee will examine the 
reliability and transparency of natural gas markets, including 
price indices as well as the industry's use of derivatives and 
risk management as a means to stabilize commodity prices in the 
energy sector. The Committee also will examine whether domestic 
oil and gas companies are disadvantaged compared to foreign 
companies when competing for exploration and development 
programs in other countries.

                    THE STRATEGIC PETROLEUM RESERVE

    With a potential war with Iraq looming and the political 
turmoil in Venezuela reducing oil exports from that country, 
the Committee will examine the appropriate uses of the 
Strategic Petroleum Reserve, the Executive Branch's ability to 
withdraw inventories, and a potential expansion and filling of 
the reserve to its Congressionally authorized amount of one 
billion barrels.

                        CLEAN COAL TECHNOLOGIES

    In the 108th Congress, the Committee will continue its 
review of technological advances and other issues relating to 
``clean coal.'' The Committee will examine the potential for 
various technologies to achieve increased efficiency, decreased 
environmental impacts (including air emissions), and the long-
term ability of such technology to maintain a diverse energy 
supply for the nation. Past reviews have indicated that, while 
some technologies have begun to attract private capital, many 
technologies have yet to achieve economic viability in the 
marketplace. Thus, the Committee will examine whether the 
Federal government has a role to play in the expedited 
deployment of such power plant equipment, how different 
incentives could affect the deployment of new technologies, and 
the likely costs and benefits of different approaches.

                         GLOBAL CLIMATE CHANGE

    The Committee will continue to monitor international 
negotiations on climate change during the 108th Congress. The 
Committee will consider whether international agreements are 
achievable, effective and fair to various U.S. interests. The 
Committee also will consider whether agreements on climate 
change are scientifically well grounded. In addition, the 
Committee will review components of ongoing climate programs--
including activities carried out under the Global Change 
Research Program, the Climate Change Technology Initiative, and 
Section 1605(b) of the Energy Policy Act of 1992--to ensure 
compliance with Congressional intent and guidance in this area.

    GENERAL MANAGEMENT OF THE DEPARTMENT OF ENERGY AND ITS NATIONAL 
                              LABORATORIES

    As in previous Congresses, the Committee will continue its 
comprehensive review of general management issues at the 
Department of Energy (DOE), including management of the 
National Nuclear Security Administration (NNSA) and the 
national laboratories. The Committee will examine DOE's budget 
requests and determine whether they are consistent with the 
Committee's priorities. The Committee willalso continue to 
examine whether DOE is effectively managing the contractors that 
operate the national laboratories, and whether more competition is 
necessary in the contracting process. The Committee will continue to 
review the treatment of whistleblowers by DOE and its contractors.
    In the 107th Congress, the Committee began a detailed 
investigation of procurement and property management 
deficiencies at Los Alamos National Laboratory, one of DOE's 
national laboratories run by the University of California. The 
Committee also recently requested that GAO review procurement 
and property inventory practices at the other two major 
national laboratories managed and operated by the University of 
California--the Lawrence Berkeley and Lawrence Livermore 
National Laboratories. In the 108th Congress, the Committee 
will continue to review these matters.

   DOE ENVIRONMENTAL MANAGEMENT AND HIGH-LEVEL WASTE CLEAN UP PROGRAM

    The Department of Energy's Environmental Management (EM) 
program initiated a comprehensive accelerated cleanup 
initiative in Fiscal Year 2003. The Committee will continue its 
review of this initiative to ensure that increased funding 
intended to achieve accelerated cleanup will actually result in 
real cleanup progress. The Committee also will review EM's 
high-level waste disposal program, including the construction 
and operation of high-level waste facilities at the Hanford 
site, the Idaho Environmental and Engineering Laboratory, and 
the Savannah River site.

                       THE YUCCA MOUNTAIN PROJECT

    In the 107th Congress, the Committee reported H.J. Res. 87 
approving the site at Yucca Mountain, Nevada, for the 
development by the Department of Energy (DOE) of a permanent 
repository for the disposal of commercial and government-owned 
spent nuclear fuel and high-level radioactive wastes. DOE 
cannot begin construction activities at Yucca Mountain until 
the Nuclear Regulatory Commission approves the construction 
authorization license. In the 108th Congress, the Committee 
will oversee DOE's progress toward completing its license 
application for construction authorization.

               SAFETY AND SECURITY OF SPENT NUCLEAR FUEL

    Spent nuclear fuel is currently located at hundreds of 
storage sites across the country at private and government-
owned facilities. Spent fuel storage facilities include above-
ground dry storage facilities and wet storage basins. Under 
current Federal plans, spent nuclear fuel will eventually be 
transported to a permanent disposal facility at Yucca Mountain. 
In the 108th Congress, the Committee will review issues 
relating to the current safety and security of spent nuclear 
fuel in storage, as well as the safety and security of spent 
nuclear fuel in transport.

                      DOE NUCLEAR SAFETY PROGRAMS

    In the 108th Congress, the Committee will continue its 
oversight of implementation of nuclear safety regulations by 
the Department of Energy (DOE) and its contractor employees. As 
part of this review, the Committee will monitor closely the 
National Nuclear Security Administration's (NNSA) efforts to 
coordinate with appropriate nuclear safety offices at DOE to 
ensure that investigations are initiated and enforcement 
actions are taken whenever nuclear safety violations occur at 
facilities managed by NNSA.

                         DOE SECURITY PROGRAMS

    In the 108th Congress, the Committee will continue its 
extensive oversight of security matters at Department of Energy 
(DOE) sites, particularly at the national nuclear weapon 
laboratories, in order to ensure that continuing improvements 
are made in the protection of classified information and 
nuclear materials--whether in storage, in use, or in transport. 
The Committee also will review DOE's efforts to finalize and 
implement a new design basis threat for its facilities and 
laboratories.

                   THE NUCLEAR REGULATORY COMMISSION

    As in previous Congresses, the Committee will review the 
activities of the Nuclear Regulatory Commission (NRC). The 
Committee will examine NRC's budget requests, conduct oversight 
of how the Commission discharges its various responsibilities, 
and review whether the Commission is an effective regulator of 
nuclear facilities. In particular, the Committee will monitor 
closely NRC's efforts to increase security requirements at 
nuclear facilities and develop a new design basis threat for 
these facilities. In addition, as part of the Committee's 
oversight of nuclear safety generally, the Committee will 
continue its review of nuclear safety issues at the Davis-Besse 
nuclear power plant--a situation that raises additional 
concerns about the Commission's ability to conduct adequate 
safety-related oversight of its regulated facilities.

           ADVANCED AUTOMOBILE AND HYDROGEN FUEL INITIATIVES

    In the 107th Congress, the Committee began a review of the 
FreedomCAR program run by the Department of Energy. In the 
108th Congress, the Committee will continue to review the 
Department's FreedomCAR and FreedomFUEL advanced automobile and 
hydrogen fuels and infrastructure initiatives. This oversight 
effort will include an assessment of program set-up, cost-
effectiveness, the hurdles that must be overcome to develop and 
bring to market advanced automobile technologies, and the 
infrastructures necessary to support them. The Committee also 
will continue to explore advanced vehicle technologies that may 
provide benefits in the near-term, such as clean diesel and 
hybrid technologies.

                EPA IMPLEMENTATION OF THE CLEAN AIR ACT

    In previous Congresses, the Committee has taken an active 
role in overseeing the Environmental Protection Agency's (EPA) 
implementation of the Clean Air Act and various amendments to 
this Act, including such matters as the 1997 revision to ozone 
and particulate matter standards, EPA's diesel engine 
certification program, EPA's regional haze program, 
implementation of Title VI of the Clean Air Act relating to 
metered-dose inhalers, and other related matters. In the 108th 
Congress, the Committee will continue to review significant 
activities regarding the Clean Air Act and the success of 
various efforts in achieving improved air quality in a manner 
that allows both administrative flexibility and improved cost-
effectiveness. The Committee's review will include oversight of 
EPA strategies to attain Clean Air Act standards, including the 
implementation and assessment of vehicle emission inspection 
and maintenance programs.

                IMPLEMENTATION OF THE ``EQUIP'' PROGRAM

    The Farm Security and Rural Investment Act of 2002 
significantly revised and expanded the Environmental Quality 
Incentives Program (EQUIP). This program provides incentive 
payments and cost-share payments to assist producers in their 
compliance with local, state and Federal environmental laws 
regarding soil, water, air quality, and wildlife habitat. 
Recently, the EQUIP program has funded such items as the 
purchase of less-polluting diesel generators on farms in 
California. In the 108th Congress, the Committee will review 
how both increased funding levels and the broadened legislative 
focus of the program assists communities in meeting obligations 
under Federal environmental statutes within the Committee's 
jurisdiction.

               ENVIRONMENT AND HAZARDOUS MATERIALS ISSUES


                     EPA MANAGEMENT AND OPERATIONS

    During the 108th Congress, the Committee intends to 
continue its general oversight of the Environmental Protection 
Agency (EPA), including reviewing EPA's mission and identifying 
programs or initiatives that deviate from that mission. The 
Committee also will review the agency's funding decisions, 
resource allocation, grants, research activities, enforcement 
actions, relations with State and local governments, and 
program implementation. Moreover, in light of an EPA Office of 
Inspector General's suggestion that the agency needs to improve 
its planning, measuring, and accountability practices, the 
Committee intends to monitor EPA's efforts to correct these 
deficiencies.

             EPA PROTECTION OF SECURITY-RELATED INFORMATION

    In the 108th Congress, the Committee will oversee 
Environmental Protection Agency (EPA) efforts to protect 
security preparedness and vulnerability information submitted 
to the agency under the provisions of the Public Health and 
Bioterrorism Preparedness and Response Act of 2002. In 
addition, the Committee will review EPA's relationship to, and 
coordination with, the Department of Homeland Security.

                   EPA'S RELATIONSHIP WITH THE STATES

    In a report released in the previous Congress, the General 
Accounting Office (GAO) identified the Environmental Protection 
Agency's (EPA) relationship with the States as a ``major 
performance and accountability challenge,'' citing 
disagreements over respective roles and responsibilities, 
priorities, and the proper conduct of Federal oversight. The 
Committee intends to monitor EPA's commitment to improving the 
agency's long-term relationship with the States under the 
National Environmental Performance Partnership. In addition, 
the Committee will continue to examine progressions and 
innovations made in the States' environmental programs, and 
evaluate whether there are Federal or state-level barriers to 
further success in these areas.

                 THE SUPERFUND PROGRAM AND BROWNFIELDS

    In past Congresses, the Committee has conducted a review of 
the Superfund program run by the Environmental Protection 
Agency (EPA), including (1) regional enforcement and 
implementation of the cleanup program; (2) program management 
concerns identified by EPA's Inspector General; and (3) EPA 
expenditures from the Superfund Trust Fund. In the 108th 
Congress, the Committee will continue its review of the 
efficiency, effectiveness, funding, and pace of progress of the 
Superfund program. As part of the overall Superfund review, the 
Committee intends to monitor the implementation of the new 
brownfields remediation and grants law. In particular, the 
Committee is interested in reviewing whether EPA is properly 
administering the law and whether existing state brownfields 
programs are being inappropriately hampered by any 
implementation or management practices at the Federal level.

         RESOURCE CONSERVATION AND RECOVERY ACT IMPLEMENTATION

    The Committee will review the Environmental Protection 
Agency's relationship to the States' toxic waste cleanup 
programs, and whether Federal program reforms, additional 
funding, or stronger enforcement under the Resource 
Conservation and Recovery Act are necessary to expedite 
cleanups at toxic waste sites.

                     EPA RISK ASSESSMENT PRACTICES

    In the 108th Congress, the Committee will conduct oversight 
with respect to Environmental Protection Agency risk assessment 
practices.

                   SAFE DRINKING WATER ACT AMENDMENTS

    In the Safe Drinking Water Act (SDWA) Amendments of 1996, 
Congress authorized a drinking water state revolving loan fund 
(DWSRF) program to help public water systems finance 
infrastructure projects needed to comply with Federal drinking 
water regulations and to protect public health. Under this 
program, States receive capitalization grants to make loans for 
drinking water projects and to support certain other 
activities. Since the law's enactment, the Committee has 
examined the Environmental Protection Agency's (EPA) 
implementation of the 1996 SDWA Amendments, including the 
conduct and adequacy of safe drinking water research and state 
funding of drinking water programs. At the end of Fiscal Year 
2003, the current authorization for the DWSRF will expire. As 
part of the Committee's efforts to meet the needs of the 
nation's drinking water delivery systems and reauthorize the 
DWSRF, the Committee will continue its review of the 1996 
Amendments and the magnitude of any funding ``gap'' between 
identified resources and identified needs for drinking water 
delivery systems. In addition, the Committee will assess EPA's 
implementation of non-grant components of the 1996 SDWA 
Amendments, including compliance rates and future safe drinking 
water delivery challenges.
    The Committee also will review EPA's implementation of 
Title IV of the Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002 with respect to security 
of drinking water systems from terrorist attack.

        DEPARTMENT OF DEFENSE COMPLIANCE WITH ENVIRONMENTAL LAWS

    Last year, the Department of Defense (DOD) asserted that 
its ability to train the country's armed forces is being 
hampered by certain Federal environmental laws--three of which 
fall within the jurisdiction of the Committee. As the committee 
responsible for passage of the Federal Facilities Compliance 
Act, the Committee will review DOD's environmental activities 
and ascertain its record of clean-up effectiveness, ongoing 
monitoring, and compliance with Federal and state environmental 
laws and regulations. In addition, the Committee will examine 
DOD's actions in response to two GAO reports issued in the 
107th Congress, which raised concerns about DOD's overall 
environmental efforts at Formerly Utilized Defense Sites.

                      HEALTH AND HEALTHCARE ISSUES


                         MEDICARE MODERNIZATION

    Given the growing financial pressures facing the Medicare 
program because of an aging population, the Committee will 
continue to examine ways to strengthen and modernize the 
program for current and future generations. Today, Medicare 
consumes approximately 12 percent of the Federal budget--a 
number expected to increase to over 30 percent by 2030. In the 
108th Congress, the Committee will review proposals to address 
program growth, examine the adequacy of existing Part A and 
Part B funding mechanisms, and review proposals to improve 
beneficiaries' basic benefit packages. Specifically, the 
Committee will explore initiatives that enhance beneficiary 
choice, provide patients with better access to preventive 
benefits and a catastrophic cap on out-of-pocket expenditures, 
and reform cost-sharing mechanisms.

                      CHILDHOOD VACCINE SHORTAGES

    Since the summer of 2001, there has been a reported 
shortage of doses to protect children against eight of 11 
vaccine-preventable diseases, including chicken pox, 
diphtheria, and whooping cough. According to the Centers for 
Disease Control and Prevention (CDC), this vaccine shortage is 
the worst in 24 years, causing vaccines to be unavailable to 
millions of children. Moreover, the number of domestic 
manufacturers of vaccines has dropped from 37 to four. In the 
108th Congress, the Committee will examine the factors that may 
contribute to shortages of vaccines. In particular, the 
Committee will review whether government policies or 
regulations in this area provide disincentives to vaccine 
research, development, and production, and whether the Federal 
vaccine injury compensation and liability system is working 
effectively.

                       SAFETY OF BREAST IMPLANTS

    Over the last several years, the Committee has monitored 
the oversight by the Food and Drug Administration (FDA) of the 
breast-implant industry and the safety and efficacy of saline-
filled and silicone-filled breast implants. Under a provision 
of the medical device user fee law passed in the last Congress, 
the National Institutes of Health is required to issue a report 
this year on the safety of breast implants. In addition, FDA 
will be reviewing pre-market applications for silicone breast 
implants this year. Given these developments, the Committee 
will continue its review in this area during the 108th 
Congress.

                    FDA DRUG APPROVAL PROCESS REFORM

    Last year, the Subcommittee on Oversight and Investigations 
held two hearings concerning ImClone Systems and the Food and 
Drug Administration (FDA) review and rejection of its cancer 
treatment drug Erbitux. This inquiry revealed inconsistencies 
in the drug review processes between the two FDA centers that 
consider drug applications and their policies for interacting 
with drug companies submitting such applications. By exposing 
these issues, the Committee helped spur a FDA reorganization of 
therapeutic drug reviews and other policy changes to improve 
the drug approval process. The Committee will continue to 
monitor and examine these FDA policy changes to improve the 
drug approval process during the 108th Congress.

                   PRESCRIPTION DRUG SAFETY AND ABUSE

    In previous Congresses, the Committee has investigated 
safety and misuse concerns surrounding several prescription 
drugs approved for sale by the Food and Drug Administration 
(FDA), including the acne drugAccutane and the top-selling 
analgesic Oxycontin. In the 108th Congress, the Committee will continue 
to monitor issues relating to these two drugs, as well as FDA's pending 
evaluation of Palladone, another narcotic analgesic.
    In the 108th Congress, the Committee also will continue its 
prior investigations into the safety of imported (and re-
imported) drugs, including counterfeit or unapproved drugs and 
bulk ingredients imported for use in finished drug products. 
The Committee's efforts will include a continuing review of FDA 
activities to address the growing problems of prescription 
drugs being sold illegally to U.S. residents from Internet 
sites, and the potential consequences such activities pose to 
public health. In addition, the Committee will continue its 
review of the growing emergence of Mexican border pharmacies, 
and the potential threats such sources may pose to U.S. 
travelers seeking medicines from such sources. The Committee's 
efforts also will focus on what actions FDA, the Drug 
Enforcement Administration, and various mail couriers 
(including the U.S. Postal Service, FedEx, and UPS) are taking 
to prevent or limit a variety of dangerous drugs (including 
controlled substances) from illegally entering the United 
States. Finally, given FDA's pending investigations of several 
cases of counterfeit finished drugs found by patients and 
pharmacists in the United States, the Committee will continue 
to examine the evolving nature of this issue and the efforts 
FDA and the pharmaceutical industry are taking to reduce this 
threat.

                     NURSING HOMES QUALITY OF CARE

    As part of the Committee's jurisdiction over programs 
administered by the Department of Health and Human Services 
(HHS), including Medicare Part B and Medicaid, the Committee 
will examine quality-of-care issues in nursing homes during the 
108th Congress. The Committee will monitor HHS' efforts to 
promote quality care in nursing homes, and whether consumers 
are receiving sufficient information to help them evaluate 
quality. Moreover, as part of the Committee's continuing 
oversight of corporate accountability, the Committee will 
review the management of publicly-traded nursing homes and the 
public disclosures to investors concerning the financial health 
of these companies, particularly given the recent bankruptcies 
(and subsequent reorganizations) of many of the largest nursing 
home chains.

         CMS' MANAGEMENT OF THE MEDICARE AND MEDICAID PROGRAMS

    In the 108th Congress, the Committee will continue to 
assess the management by the Centers for Medicare and Medicaid 
Services (CMS) of the fiscal intermediaries and carriers that 
are responsible for processing all Medicare claims and 
payments. Although CMS provides overall policy guidance for the 
administration of Medicare, day-to-day operation of the program 
is dependent on contractors that process beneficiary claims and 
make Medicare payments to healthcare providers. The Committee's 
prior oversight in this area has revealed how several of these 
contractors fraudulently misrepresented their performance, 
submitted false financial data, compromised the integrity of 
audits, and destroyed relevant documents in order to receive 
greater incentive payments from CMS--and how CMS failed to 
detect these activities because of lax oversight coupled with 
complex and often contradictory directives from CMS 
headquarters and regional offices. In response, CMS initiated 
significant efforts to reform its management of Medicare 
contractors, and has sought new authority to expand the types 
of entities that can serve as Medicare contractors. The 
Committee will continue to review CMS oversight of these 
contractors and examine the current contractor eligibility 
requirements and the Medicare claims payment system.
    During the 108th Congress, the Committee also will continue 
efforts to streamline administrative and regulatory burdens on 
beneficiaries and providers. As part of this effort, the 
Committee will monitor CMS' implementation of the Balanced 
Budget Act of 1997 (BBA), the Balanced Budget Refinement Act 
(BBRA), the Benefits Improvement and Protection Act (BIPA), as 
well as any regulatory relief legislation that this Congress 
may pass. The Committee also will review the Medicare appeals 
process to evaluate its efficiency and effectiveness in 
resolving disputes over Medicare coverage affecting the 
program's 40 million beneficiaries. The new Medicare appeals 
process was included in BIPA, which was enacted in 2000. In 
addition, these laws contain provisions having an impact on the 
Medicaid program and the State Children's Health Insurance 
Program (S-CHIP), which the Committee will review as well.

                            MEDICARE+CHOICE

    In the 108th Congress, the Committee will continue to 
examine the Medicare+Choice market and the policies that affect 
plans' decisions to participate in the program. Over the last 
several years, hundreds of plans have withdrawn from the 
Medicare+Choice program, affecting more than 2.4 million 
beneficiaries. In addition, many plans have reduced benefits or 
increased beneficiary cost-sharing, making these plans less 
attractive to beneficiaries. The Committee will carefully 
examine these issues, and attempt to identify solutions that 
will guarantee that beneficiaries will continue to have access 
to Medicare+Choice plans.

                           PRESCRIPTION DRUGS

    As part of the Congressional effort to enact a new 
prescription drug benefit for Medicare beneficiaries, the 
Committee will continue to review issues relating to 
prescription drugs. These issues will include assessing 
beneficiaries' pharmaceutical needs, utilization and 
expenditures, as well as the special circumstances of low-
income seniors, and how all of these factors might relate to 
possible benefit designs. The Committee will examine innovative 
strategies for harnessing purchasing power to lower costs, and 
for providing better disease management for Medicare 
beneficiaries. In addition, the Committee will continue its 
oversight into the abuses associated with drug-price reporting 
practices, particularly theuse of Average Wholesale Price 
(``AWP'') to set reimbursements for both the Medicare and Medicaid 
programs.

                             THE UNINSURED

    Forty-one million Americans lack access to health 
insurance. In the 108th Congress, the Committee will examine 
ways to expand insurance coverage to these individuals and 
improve the insurance marketplace.

                       MEDICARE PREVENTATIVE CARE

    As part of its oversight of how the Centers for Medicare 
and Medicaid Services manages the delivery of health care, the 
Committee will continue to assess policies concerning 
beneficiary use and the cost effectiveness of clinical 
preventive benefits and services under Medicare.

    PREVENTING WASTE, FRAUD AND ABUSE IN FEDERAL HEALTHCARE PROGRAMS

    The Medicare program continues to be at risk of 
considerable losses due to waste, fraud and abuse. Because of 
the program's large size and scope--providing health care 
coverage for 40 million Americans, with expenditures in excess 
of $241 billion each year--the Committee will focus 
considerable attention on efforts to eliminate improper 
payments. In particular, the Committee will review Federal 
financial management processes and controls, and information 
technology and systems used to prevent and detect fraud.
    The Committee also will examine Medicare reimbursement 
policies to identify and eliminate potential areas in which the 
program may be vulnerable to fraud and abuse. These initiatives 
will include an examination of reimbursements to hospitals, 
skilled nursing facilities, and other providers, including 
outlier payment issues. The Committee also will review issues 
relating to healthcare financing highlighted by the recent 
collapse of National Century Financial Enterprises. In this 
context, the Committee will examine the pace of reimbursement 
from Medicaid and Medicare programs, and the potential impact 
this may have upon providers and their reliance on risky and 
expensive cash flow financing from lenders such as National 
Century. The Committee also will examine how these financing 
arrangements may threaten healthcare providers with bankruptcy, 
as the National Century case has demonstrated.

                     REFORM OF THE MEDICAID PROGRAM

    Medicaid is a program jointly funded by the Federal 
government and the States to provide healthcare coverage for 
approximately 44 million low-income Americans. In Fiscal Year 
2001, Medicaid had total expenditures of $228 billion, with the 
Federal share equaling approximately 57 percent. It is 
estimated that total Medicaid spending for Fiscal Year 2002 
will, for the first time, exceed spending for Medicare, and 
Medicaid spending is projected to double within the next ten 
years. On average, Medicaid currently consumes 15-20 percent of 
all state budgets, and is often the second largest budget item 
for States after education expenses.
    The challenges inherent in overseeing a program of 
Medicaid's size, growth and diversity, combined with the open-
ended nature of its Federal funding, places the program at risk 
for exploitation and waste. During the 108th Congress, the 
Committee will review the Medicaid program to assess its 
current operations and determine how they may be improved. 
These efforts will include examining the current system for 
financing Medicaid, and whether it may create incentives for 
States and providers to attempt to inappropriately obtain 
additional Federal funds. The Committee also will focus its 
attention on the needs of the elderly and disabled populations 
within Medicaid, and assess new strategies for improving the 
quality and cost effectiveness of the care they receive. In 
this regard, the Committee will examine state efforts to modify 
and improve the Medicaid program, and whether these efforts are 
meeting the needs of elderly and disabled beneficiaries.

                          IMAGE-GUIDED BIOPSY

    In the 108th Congress, the Committee will examine why 
image-guided biopsy, a minimally invasive procedure used to 
determine if a patient has breast cancer, is used significantly 
less than surgical biopsy. Image-guided biopsy involves less 
cost to the patient and does not involve general anesthesia, 
unlike surgical biopsy. Yet surgical biopsy continues to be the 
method of biopsy most doctors use, despite the lack of data 
indicating that it is more effective or accurate than image-
guided biopsy. Evidence also suggests that many patients are 
not made aware that they have an option for a less-invasive 
procedure. The Committee will review whether patients are 
receiving adequate information about this option, and whether 
the use of surgical biopsy over image-guided biopsy may result 
from the larger reimbursement rates under Medicare for the 
surgical biopsy procedure.

             THE CENTERS FOR DISEASE CONTROL AND PREVENTION

    Building on the Committee's prior oversight work to ensure 
the adequacy of Federal, state, and local efforts to respond to 
bioterrorism and other public health emergencies, the Committee 
will investigate ways to improve the grant making process at 
the Centers for Disease Control and Prevention to strengthen 
the capacity of the public health infrastructure at the state 
and local level. In particular, the Committee plans to review 
the effectiveness of current chronic disease prevention 
programs with respect to reducing the incidence of these 
diseases. The Committee also will review ways to improve 
infectious disease surveillance and control.

                     NATIONAL INSTITUTES OF HEALTH

    Over the past five years, Congress has invested 
considerable additional resources into the National Institutes 
of Health (NIH), roughly doubling its budget. With 
approximately $27 billion per fiscal year, NIHis the largest 
source of funding for health research in the world. In Spring 2003, the 
Institute of Medicine is expected to release a report on the 
organizational structure of NIH, specifically focusing on whether the 
current structure is meeting the scientific research needs of the 
United States.
    In the 108th Congress, the Committee will conduct an 
examination of NIH's organizational structure, priority 
setting, and research activities. In particular, the Committee 
will examine how NIH exercises oversight over grant-receiving 
institutions. During one of the Committee's investigations last 
year, the Committee learned that NIH was providing grants to 
the Coulston Foundation, a registered animal research facility 
in Alamagordo, New Mexico, which had recently declared 
bankruptcy and had been cited by two other Federal agencies for 
violations of various Federal regulations. This incident raises 
the question whether NIH oversight ensures that its grant funds 
are properly managed, and that grantee institutions are not in 
violation of Federal regulations.

              HHS PROGRAMS AFFECTING CHILDREN AND FAMILIES

    The Committee will continue to conduct oversight of 
Department of Health and Human Services grant programs that 
affect the health of children and families. The Committee will 
evaluate the current distribution of funding for these 
programs, assess whether the monies are being spent 
effectively, and examine the extent to which these programs 
comply with statutory requirements and Congressional intent. In 
addition, the Committee will review the implementation of those 
aspects of the welfare reform provisions that are within the 
Committee's jurisdiction. These provisions are scheduled for 
reauthorization this year.

                         ANTIBIOTIC RESISTANCE

    In the 108th Congress, the Committee will review the 
efforts and recommendations of the Interagency Task Force on 
Antimicrobial Resistance, which was statutorily authorized 
under the Public Health Improvement Act of 1999 (P.L. 106-505). 
This oversight will involve assessment of the Federal 
surveillance and monitoring programs, prevention and control 
efforts, and research and development activities relating to 
antimicrobial resistance.

                            ORGAN DONATIONS

    In the 108th Congress, the Committee intends to review the 
current organ donation system, and whether improvements can be 
made to the system in order to increase the availability of 
donated organs for patients on transplant waiting lists.

                   DRUG ABUSE TREATMENT & PREVENTION

    For the last several years, the Substance Abuse and Mental 
Health Services Administration (SAMHSA) has been attempting to 
publish mandatory guidelines for testing of alternative 
specimens (such as hair, sweat, and oral fluid) and on-site 
testing techniques for potential drugs of abuse. These 
alternative testing matrices could help bolster the accuracy 
and capability of workplace drug testing. The Committee intends 
to examine the reasons for the delay in publication of these 
guidelines, and whether the process for issuing these 
guidelines can be expedited.
    The Committee also will review more generally SAMHSA and 
the programs it administers, in order to identify strengths and 
weaknesses of the current grant structure. In addition, the 
Committee will examine the Administration's new initiative to 
help drug-addicted Americans find needed treatment.

                      MEDICAL LIABILITY INSURANCE

    In the 108th Congress, the Committee will continue to focus 
on issues relating to medical liability insurance. In 
particular, the Committee plans to review the extent and causes 
of the medical liability insurance crisis, which may be 
contributing to providers' unwillingness to continue practicing 
in certain jurisdictions and in certain specialties.

                             PATIENT SAFETY

    As part of its jurisdiction over public health, the 
Committee will continue to address the issues of patient safety 
and medical errors. In its 1999 report, To Err Is Human, the 
Institute of Medicine estimated that 44,000 to 98,000 Americans 
die each year as a result of medical errors. While there has 
been some dispute about the accuracy of these precise 
estimates, the Committee intends to explore possible incentives 
to encourage the healthcare industry to reduce medical errors, 
and will review the Federal government's overall role in 
promoting patient safety.

                         PEDIATRIC DRUG TESTING

    Late last year, a Federal court ruled that the Food and 
Drug Administration (FDA) did not have the authority to issue 
its ``Pediatric Rule,'' which required manufacturers of drugs 
and biologics to test their drugs intended for adults on 
children. In light of this decision, the Committee intends to 
review FDA efforts to ensure the appropriate testing of drugs 
in children, and will consider whether statutory changes are 
necessary.

                        GENERIC DRUG COMPETITION

    The Food and Drug Administration (FDA) recently proposed a 
rule that would re-interpret the 30-month stay provision of the 
Hatch-Waxman Act, among other things. Prior to the re-
interpretation, brand-name drug manufacturers, in limited 
instances, could obtain multiple 30-month stays to forestall 
generic competition. The proposed rule would allow for only one 
30-month stay. The Committee intends to monitor FDA's 
promulgation of the final rule during the 108th Congress.

                         FOOD ALLERGEN LABELING

    In the 108th Congress, the Committee intends to review 
whether the food industry is adequately labeling food products 
for the presence of eight major food allergens in a manner that 
is easily understood by consumers.

                         MEDICAL DEVICE ISSUES

    Last year, the President signed into law the Medical Device 
User Fee and Modernization Act of 2002. Among other things, 
this legislation required device manufacturers to pay user fees 
to the Food and Drug Administration (FDA) for the review of 
their medical devices. In the 108th Congress, the Committee 
will conduct oversight in this area to ensure timely and 
effective implementation of this law.

                           ANIMAL DRUG ISSUES

    Approval of animal drugs takes the Food and Drug 
Administration (FDA) longer than virtually any other drug 
application. In the 108th Congress, the Committee will review 
the reasons for this delay, and consider whether it is 
necessary to develop a user fee program for animal drugs. Under 
such a program, industry would pay fees to FDA for review of 
animal drug applications and, with such fees, FDA would hire 
additional personnel in order to speed the animal drug review 
process.

                       TELECOMMUNICATIONS ISSUES


                     THE UNIVERSAL SERVICE PROGRAM

    In previous Congresses, the Committee has reviewed the 
operations of the Universal Service Program administered by the 
Federal Communications Commission (FCC). Universal service was 
first implemented as a government policy with the Charleston 
Plan of implicit subsidies in 1951 as a means of ensuring that 
all Americans enjoyed a ubiquitous, reliable, and affordable 
communications system. Universal service policies were amended 
after the breakup of AT&T in the early 1980s and again in the 
1996 Telecommunications Act. One of the changes made in 1996 
was the expansion of the program to include the subsidization 
of telecommunications services provided to schools, libraries, 
and rural health care providers. In the 108th Congress, the 
Committee will review the effectiveness of the universal 
service program and evaluate several possible reforms, 
including whether the fund should be expanded to include 
additional services, whether the fund should be reduced to 
account for advances in technology, and whether the methodology 
for how funds are collected and distributed should be changed.
    The part of the program focused on schools, libraries, and 
rural healthcare providers is known as the ``E-Rate'' program, 
and its roughly $2 billion annual fund is administered for the 
FCC by an independent company, the Universal Service 
Administrative Company. All telecommunications carriers that 
provide interstate and international services pay contributions 
into the E-Rate program, which are distributed by the FCC in 
the form of grants to schools, libraries, and rural health care 
providers. Recent reports by the FCC's Inspector General and 
certain public interest groups, as well as recent criminal 
charges filed by the Department of Justice, indicate the 
potential for significant fraud, waste, and abuse within the E-
Rate program, and suggest a lack of effective oversight of the 
program by the FCC. In the 108th Congress, the Committee will 
investigate these reports.

                HEALTH OF THE TELECOMMUNICATIONS SECTOR

    The prosperity of the telecommunications and technology 
sector provided a driving force behind the unprecedented 
economic growth experienced by the United States from 1995 to 
2000. The mass-market commercialization of the Internet and the 
passage of the 1996 Telecommunications Act unleashed a massive 
investment in telecommunications and Internet companies. This 
boom, however, turned to bust in 2000 and 2001, as new 
investment from Wall Street dried up. There has been much 
analysis and speculation regarding the reasons for this change 
of fortunes in the telecommunications industry. Some analysts 
have suggested a glut in Internet backbone capacity led to the 
industry's decline; others have suggested that too many local 
exchange competitors had poor business plans. Investors also 
shifted from evaluating companies based on revenue growth to 
evaluating them based upon profitability--and few of these 
companies were making any profit. In addition, even companies 
that had been profitable, such as incumbent local exchange 
carriers and cable companies, faced a decline in profitability 
due to increased intermodal competition and the overall decline 
in both business and consumer spending. As a result, hundreds 
of thousands of employees of telecommunications service and 
manufacturing companies have lost their jobs and dozens of 
companies have filed for bankruptcy.
    In the 108th Congress, the Committee will examine what 
caused the downward spiral of the telecommunications sector, 
whether the causes were purely business-related, or whether 
there were regulatory or policy reasons for the slowdown.

         FCC IMPLEMENTATION OF THE 1996 TELECOMMUNICATIONS ACT

    In 1996, Congress enacted a major overhaul of the country's 
telecommunications laws. Among the many changes made in 1996, 
two in particular have spurred a tremendous amount of interest 
and controversy. First, in order to spur multi-platform 
facilities-based competition among telecommunications 
providers, Congress required incumbent local exchange carriers 
(ILECs) to make parts of their networks available to 
competitors seeking to offer telecommunications services. These 
competitors then would be able to offer telecommunications 
services while they gradually built out their own networks. 
Second, the 1996 Telecommunications Act created, for thefirst 
time, a statutory distinction between telecommunications services 
(essentially transmission services in which information does not change 
content or form) and information services (which do alter the content 
or form of information that is being transmitted). Companies interested 
in offering competitive telecommunications services were granted rights 
such as the ability to interconnect with an incumbent's network, the 
permission to resell an incumbent's retail services, the opportunity to 
enable a telephone customer to keep his or her phone number even if he 
or she switched carriers, and the right to lease parts of an 
incumbent's networks and collocate equipment in an incumbent's offices. 
Information services, on the other hand, were essentially left 
unregulated.
    There has been widespread disagreement about whether the 
rules implementing these provisions from the 1996 
Telecommunications Act have been effective in achieving the 
goals of the Act. In the 108th Congress, the Committee will 
continue to examine the implementation of the 1996 
Telecommunications Act by the Federal Communications 
Commission.

                       WIRELESS E-911 DEPLOYMENT

    The Federal Communications Commission (FCC) has required 
mobile telecommunications service providers to put technology 
in their networks and/or consumer handsets that enable a public 
safety official to determine a wireless caller's location with 
a certain degree of accuracy. This program, known as E-911, has 
the potential to save lives in cases in which 911 emergency 
calls are made from mobile phones but the caller is unable to 
provide precise location information. However, the deployment 
of location technology in mobile networks and handsets has been 
slower than expected. In 2002, former FCC Chief Engineer Dale 
Hatfield led a study of E-911 implementation and made several 
findings. He cited the need to bring incumbent local exchange 
carriers into closer coordination with respect to E-911 
implementation. Hatfield also recommended that the FCC urge 
stakeholders to develop industry-wide procedures for testing 
and certification of wireless E-911 to ensure that they meet 
the accuracy requirements specified in the Commission's rules. 
In addition, Hatfield recommended that there be closer 
cooperation between the FCC and local and state 911 operations.
    In the 107th Congress, the Subcommittee on 
Telecommunications and the Internet held a hearing on the 
status of the implementation of E-911. In the 108th Congress, 
the Committee will continue its examination in this regard and 
explore the recommendations from the Hatfield report.

                           DIGITAL TELEVISION

    In the Balanced Budget Act of 1997, Congress gave 
television broadcasters additional 6 MHz blocks of spectrum to 
begin broadcasting in digital format, and required them to 
cease analog broadcasting and return 6 MHz blocks of spectrum 
the later of December 31, 2006, or once more than 85% of 
television households have access to digital television 
channels. While many digital stations already are in operation 
in major metropolitan areas, the overall conversion to digital 
television has been criticized as being slow, unorganized and 
unrealistic. There are a number of open proceedings at the 
Commission that will impact the success of the transition to 
digital television. The Committee intends to monitor the FCC's 
actions in these proceedings to ensure the rapid deployment of 
digital television in all areas of the country in accordance 
with the schedule set forth in the Balanced Budget Act of 1997. 
Further, the Committee plans to continue its in-depth review of 
the transition to digital television to determine what barriers 
exist to its full development and deployment.

           EFFICIENT USE OF SPECTRUM AND SPECTRUM MANAGEMENT

    Management of spectrum within the United States is shared 
between the Federal Communications Commission (FCC) (governing 
private sector use of the spectrum) and the National 
Telecommunications and Information Administration (NTIA) 
(governing governmental use of the spectrum). Virtually all 
usable spectrum already has been allocated. The recent 
popularity and growth of the wireless telecommunications 
industry has increased demand for the allocation and assignment 
of additional spectrum in order to provide new services, such 
as third generation (``3G'') wireless services and Wi-Fi. The 
tension created by the current shortfall has a significant 
impact on the U.S. economy and the ability of U.S. wireless 
providers to compete with wireless companies in other nations 
that are rushing to offer new wireless services. The Committee 
plans an extensive review of spectrum management functions in 
the 108th Congress, in order to ensure efficient use of 
spectrum, particularly by Federal government users. In 
addition, the Committee will review efforts to promote spectrum 
sharing that may be beneficial to the promotion of new wireless 
technologies.

                         MEDIA OWNERSHIP RULES

    The 1996 Telecommunications Act mandated that the Federal 
Communications Commission (FCC) immediately liberalize a number 
of its broadcast ownership rules. On an ongoing basis, the Act 
also requires the FCC to review its ownership rules biennially 
to ``determine whether any of such rules are necessary in the 
public interest as the result of competition.'' In September 
2002, the FCC consolidated three pending broadcast ownership 
proceedings into a single Biennial Review on six broadcast 
ownership rules: the broadcast-newspaper cross-ownership rule; 
the local radio ownership rule; the television-radio cross-
ownership rule; the dual network rule; the local television 
ownership rule; and the national television ownership rule. In 
addition to the Biennial Review, the FCC has before it a 
separate pending proceeding on the cable horizontal ownership 
cap. The need to reassess these ownership rules was made more 
urgent by the determination of the U.S. Court of Appeals for 
the District of Columbia Circuit that, if the Commission is to 
retain its media ownership rules in their present form, it must 
first justify their need. In the 107th Congress, the Committee 
corresponded with the FCC and met with its staff on these 
issues. The issue of whether the mediaownership rules should be 
relaxed has many proponents and opponents and, during the 108th 
Congress, the Committee will monitor closely the FCC's progress in 
these proceedings. A decision on the Biennial Review is expected in 
Spring 2003.

                                 ICANN

    The Internet Corporation for Assigned Names and Numbers 
(ICANN) governs the management and registration of the domain 
name system. In the 108th Congress, the Committee plans to 
examine the structure and operations of ICANN, and its effort--
along with that of the National Telecommunications and 
Information Administration--to privatize the domain name system 
and determine the rightful ownership of the root server. ICANN 
also will be selecting and approving an unspecified number of 
new Internet domains. Past ICANN selections of new domains have 
been met with considerable controversy, and the Committee will 
exercise oversight to ensure that the selection process is 
open, fair, and competitive.

                                DOT KIDS

    During the 107th Congress, the ``Dot Kids Implementation 
and Efficiency Act'' was passed into law. That law requires the 
operator of the ``.us'' country-code domain to create and 
maintain the ``.kids'' secondary domain. In the 108th Congress, 
the Committee will monitor closely the implementation of the 
``.kids'' domain to ensure that the site is created consistent 
with the content mandates of the law. The Committee also will 
exercise oversight over the National Telecommunications and 
Information Administration's role in the creation and 
publication of the ``.kids'' domain.

         CONTENT PROTECTION AND ITS RELATIONSHIP TO E-COMMERCE

    As the digital arena continues to grow, questions about the 
protection of intellectual property arise that never existed in 
an analog world. Because digital copies are as perfect as 
originals, the question of how to ensure content protection in 
a digital age is critical in the development of all digital 
distribution platforms. The methods by which to protect the 
right of digital content producers, however, may impinge on the 
traditional expectations that consumers have grown accustomed 
to from living in the analog world. There also is a threat that 
particular technological means of content protection may stifle 
e-commerce and the further development of the Internet. In the 
108th Congress, the Committee intends to examine how developing 
technologies in digital rights management, including 
watermarking and deterrents for peer-to-peer file sharing, 
affect traditional content protections. Further, the Committee 
will review whether traditional content protections warrant any 
changes, and whether new mechanisms are necessary to strike the 
proper balance between protecting works and encouraging the 
continued growth of the digital economy.

                INTERNET SPAM AND POP-UP ADVERTISEMENTS

    Internet users are expressing increasing frustration over 
the growing number of unsolicited e-mails they receive from 
commercial vendors, as well as the frequency of pop-up 
advertisements during Internet use. In the 108th Congress, the 
Committee will examine the extent of this problem and any 
efforts by the government and private sectors to control or 
limit such practices.

                THE CORPORATION FOR PUBLIC BROADCASTING

    Congress created the Corporation for Public Broadcasting 
(CPB) in the Public Broadcasting Act of 1967. Historically, the 
Committee has been charged with monitoring the activities of 
CPB and authorizing appropriations. In the 108th Congress, the 
Committee will continue to review the level of Federal funding 
necessary for the continuation of public broadcasting from 
stations across the country. The Committee also will examine 
issues relating to the efficiency of CPB, its funding 
mechanisms, and its relationship to the national program 
distribution services--the Public Broadcasting Service and 
National Public Radio. Further, the Committee intends to 
conduct an examination of the estimated transition costs of the 
public broadcasters for converting from analog to digital 
television, as well as the intended uses that public 
broadcasters have for this new technology.

                        HOMELAND SECURITY ISSUES


              CRITICAL INFRASTRUCTURE ASSURANCE ACTIVITIES

    In 1997, the President's Council on Critical Infrastructure 
Protections recommended that the Federal government initiate 
increased efforts to ensure that critical infrastructures 
within the United States, including the electric power grid, 
telecommunications and transportation systems, and water 
supplies, are adequately secure from threats posed by malicious 
actors, foreign governments, and terrorists. Partially in 
response to this report, President Clinton issued Presidential 
Decision Directive 63 and created the Critical Infrastructure 
Assurance Office, which was originally housed within the 
Department of Commerce but will soon be transferred to the new 
Department of Homeland Security. In 2001, President Bush 
expanded upon this structure, and included additional sectors 
of the economy within this framework. In the previous Congress, 
the Committee closely followed efforts to improve critical 
infrastructure protections and, in the 108th Congress, the 
Committee intends to continue to review infrastructure 
assurance efforts that affect areas within the Committee's 
jurisdiction. In particular, the Committee will review 
protection efforts in the electricity, energy, nuclear, postal/
shipping, and information and telecommunications industries, as 
well as with respect to the food and drinking water supplies 
and the public health infrastructure.
    Specifically with respect to the chemical sector, the 
Committee expects to receive in March 2003 a report it 
requested from the General Accounting Office (GAO) on issues 
relating to chemical facility security, and will review its 
findings and recommendations. The Committee also will review 
the efforts of Federal agencies and the private sector to 
assess the vulnerabilities of such facilities and enhance 
security measures, including the Department of Justice's 
implementation of the requirements of the Chemical Safety 
Information, Site Security and Fuels Regulatory Relief Act of 
1999 and whether the Department has access to adequate funding 
for this purpose.

                           NUCLEAR SMUGGLING

    Because of the large volume of imports and a limited number 
of resources, the United States Customs Service inspects only 
about two percent of all cargo containers entering U.S. ports. 
In addition, Customs' effort to target inspections to suspect 
shipments is hampered by its reliance on cargo manifest data 
that is often vague, incomplete, and inconsistent. Because of 
these limitations, Customs must implement non-intrusive 
technological devices in order to effectively scan cargo for 
nuclear and/or radiological materials.
    The United States, principally through the Second Line of 
Defense program run by the Department of Energy (DOE), has 
installed over 300 sophisticated portal monitors in the former 
Soviet Union to detect the exportation of smuggled nuclear or 
radiological materials from those countries. Yet as of November 
2002 there were no analogous systems in place in the United 
States to prevent the importation of nuclear or radiological 
material. As a result of this Committee's oversight in the 
107th Congress, Customs has improved coordination with DOE and 
has begun to deploy radiation portal monitoring systems along 
the northern U.S. border in December 2002 and January 2003. 
Customs plans on installing additional portal monitoring 
systems along the northern border in the first quarter of 2003. 
In addition, as a result of past Committee oversight, FedEx and 
UPS have taken steps to heighten their security procedures to 
prevent the importation of nuclear material through their 
systems.
    Considerable oversight of these areas will be required to 
ensure that the U.S. becomes better secured from these threats, 
and to ensure that scarce resources are not expended on 
ineffective technologies. In the 108th Congress, the Committee 
will continue to monitor Federal government and private sector 
efforts at border crossings, seaports, and mail facilities. The 
Committee's review will analyze and assess Customs' and DOE's 
efforts and equipment aimed at detecting and preventing the 
smuggling of dangerous commerce, particularly nuclear and 
radiological weapons of mass destruction.

                 BIOTERRORISM PREPAREDNESS AND RESPONSE

    In the 107th Congress, the Committee's oversight of the 
adequacy of Federal, state and local efforts to prepare for and 
effectively respond to bioterrorism and other public health 
emergencies led to the passage of the Public Health Security 
and Bioterrorism Preparedness and Response Act of 2002. In the 
108th Congress, the Committee will oversee the implementation 
of this Act by the Department of Health and Human Services 
(HHS), and the coordination between HHS and the Department of 
Homeland Security with respect to setting priorities and goals 
for bioterrorism-related research and preparedness activities.
    As part of this review, the Committee will examine the 
implementation of pre-event smallpox vaccination of select 
groups of health care workers (including review of issues 
relating to liability and compensation for adverse events), as 
well as the Administration's Bioshield proposal to accelerate 
the development and stockpiling of new vaccines and 
countermeasures for dangerous biological agents. The Committee 
also will review HHS efforts in the area of education and 
training of certain categories of health care professionals, as 
well as the implementation of tighter regulatory controls on 
the possession, use, and transfer of dangerous biological 
agents.
    Further, the Committee intends to monitor the Food and Drug 
Administration's (FDA) promulgation of rules intended to combat 
possible bioterrorist activities relating to food products by 
ensuring that FDA has additional information about foods 
entering the country and is better able to track food shipments 
throughout the country. Under last year's bioterrorism law, FDA 
must promulgate by October 2003 final rules pertaining to prior 
notice of food shipments, registration of food facilities, 
record-keeping requirements, and administrative detention of 
food shipments.

                         PUBLIC SAFETY SPECTRUM

    A major communications problem identified by the September 
11 tragedy was the absence of interoperable spectrum used by 
public safety officials. Police, fire, and rescue personnel 
from different jurisdictions often are not able to communicate 
with each other using their respective communications devices 
because they operate using different, incompatible frequencies. 
Finding or creating spectrum bands that could be used for 
interoperability among different public safety operations is 
critical if the United States is to be prepared to prevent or 
mitigate another terrorist strike. Moreover, to the extent that 
spectrum currently encumbered by broadcasters during the 
digital transition might be slated for public safety once the 
broadcaster gives it back, this issue is tied to the digital 
television transition.
    In the 108th Congress, the Committee will examine this 
interoperability and spectrum management problem, gathering 
information from public safety officials at the Federal, state, 
and local level, the Federal Communications Commission, 
manufacturers of equipment that could be used for public safety 
purposes, and carriers that offer communications services for 
public safety operations.

        IMPLEMENTATION OF GOVERNMENT-WIDE CYBER SECURITY PROGRAM

    The Homeland Security Act of 2002 included a separate 
legislative provision entitled the Federal Information Security 
Management Act, which reauthorized and enhanced a government-
wide cyber security program under the direction of the Office 
of Management and Budget (OMB). In the 107th Congress, the 
Committee reviewed the efforts of Federal agencies within its 
jurisdiction to comply with the original government-wide cyber 
security law, which passed in October 2000. During the 108th 
Congress, the Committee will continue these efforts to ensure 
that Federal agencies are complying with the cyber security 
provisions of the new Homeland Security Act.

              IMPLEMENTATION OF THE HOMELAND SECURITY ACT

    Last year, Congress passed the historic Homeland Security 
Act of 2002, which created a new Department of Homeland 
Security to consolidate and coordinate homeland defense 
activities currently spread throughout the Federal government. 
The Committee's prior oversight and legislative activities in 
this area contributed significantly to the development and 
passage of this legislation. In the 108th Congress, the 
Committee will oversee the implementation of this new law as it 
pertains to matters within the Committee's jurisdiction, 
including critical infrastructure protection, research and 
development, and emergency preparedness.

                          MISCELLANEOUS ISSUES


             MISUSE OF GOVERNMENT PURCHASE AND TRAVEL CARDS

    In 2002, the Committee's investigation of misuse of 
government purchase cards at agencies under the jurisdiction of 
the Committee spurred the Office of Management and Budget (OMB) 
to take an active role in restructuring and improving the 
purchase card programs at all Federal government agencies. In 
the 108th Congress, the Committee will continue to work with 
OMB to ensure that the new programs are successful in 
preventing fraud, waste, and abuse in the use of this 
procurement tool. The Committee also requested that the General 
Accounting Office (GAO) conduct an audit of the travel card 
program at the Department of Health and Human Services (HHS). 
This report is due to be completed in February 2003. The 
Committee intends to continue its review of the travel card 
programs at HHS and other relevant agencies.

                                 PART B

 Implementation of the Committee on Energy and Commerce Overisght Plan 
                         for the 108th Congress

                              ----------                              


            COMMERCE, TRADE, AND CONSUMER PROTECTION ISSUES

                        VEHICLE AND TIRE SAFETY

    In the 108th Congress, the Committee continued its work 
reviewing motor vehicle and tire safety. The National Highway 
Traffic Safety Administration (NHTSA) is charged to reduce 
deaths, injuries and economic losses that result from motor 
vehicle crashes by setting safety performance standards for 
vehicles and equipment. NHTSA further investigates safety 
defects, use of safety belts, child safety seats and air bags, 
and provides consumer education on motor vehicle safety. On 
March 11, 2004, the Subcommittee on Commerce, Trade, and 
Consumer Protection held an oversight hearing on the 
reauthorization of NHTSA. That hearing focused on the vehicle 
safety initiatives and regulatory priorities of NHTSA currently 
and into the future, including vehicle compatibility, 
rollovers, seat belt use, and tire safety. The hearing 
witnesses included government regulators, automobile industry 
representatives, insurance organizations, and automobile safety 
advocates.

            DECEPTIVE ADVERTISING OF HEALTH-RELATED PRODUCTS

    During the 107th Congress, the Federal Trade Commission 
(FTC) increased its enforcement efforts in the area of 
deceptive advertising of health-related products, particularly 
weight-loss supplements. Despite these increased efforts by the 
FTC to crack down on deceptive advertising in this area, 
advertising of weight-loss products continues to saturate all 
advertising mediums. In the 108th Congress, the Committee 
examined the enforcement efforts to date of the FTC with 
respect to deceptive advertising of weight-loss products. On 
July 23 and 24, 2003, the Subcommittee on Oversight and 
Investigations held two hearings, the second hearing held 
jointly with the Subcommittee on Commerce, Trade, and Consumer 
Protection, to examine the marketing and use of ephedrine-
containing dietary supplements in light of reports of adverse 
reactions by consumers using such products, including the death 
of a professional baseball player. The first hearing focused on 
manufacturers and distributors of ephedra-containing 
supplements and the advertising and labeling, and safety 
concerns related to their products. The second hearing focused 
on policies and concerns related to sports leagues and 
organizations, including the various positions sports leagues 
have taken on the use of ephedra-containing supplements by 
their athletes, and on issues related to the regulatory 
environment for ephedra-based products. Following the hearings, 
the Food and Drug Administration (FDA) conducted a re-
examination of dietary supplements containing ephedra, such 
products were banned from sale effective April 2004.

                 THE FTC'S CONSUMER PROTECTION EFFORTS

    In the 108th Congress, the Committee examined the actions 
of the FTC in safeguarding consumers. On July 9, 2003, the 
Subcommittee on Commerce, Trade, and Consumer Protection held a 
joint hearing with the Subcommittee on Telecommunications and 
the Internet on legislative efforts to combat spam. In addition 
to spam causing disruptions of consumer Internet accounts, spam 
has also been used to commit fraud through deceptive and 
fraudulent solicitations. The hearing focused on anti-spam 
legislative proposals in the 108th Congress.
    On December 15, 2003, the Subcommittee on Oversight and 
Investigations held a field hearing in Langhorne, Pennsylvania, 
on personal identity theft. The purpose of the hearing was to 
assess the crime of identity theft, to provide consumers with 
information on where to go for assistance if they become 
victims, and to provide preventative tips to stop the fraud 
from occurring in the first place. The Subcommittee received 
testimony from a Pennsylvania state representative, an identity 
theft victim, and a charitable organization representative. A 
second panel consisted of representatives from a national 
credit reporting agency and a state bank. The third panel 
included a Deputy Attorney General from the Pennsylvania 
Attorney General's Office, the Deputy Commissioner of the 
Pennsylvania State Police Department, and officials with the 
Bureau of Consumer Protection at the FTC and the U.S. Postal 
Inspection Service. In addition, on September 28, 2004, the 
Subcommittee on Commerce, Trade, and Consumer Protection held a 
hearing on protecting the privacy of consumers' Social Security 
Numbers. The hearing also focused on identity theft and the 
integrity of social security numbers as well as legislative 
efforts to enhance protections for both. The FTC has 
responsibility for maintaining the Identity Theft 
Clearinghouse.

                        CONSUMER PRODUCT SAFETY

    In the 108th Congress, the Committee continued to examine 
children's product safety issues. On October 6, 2004, the 
Subcommittee on Commerce, Trade, and Consumer Protection held a 
hearing to assess current consumer product safety standards and 
the existing authority and resources of the Consumer Produce 
Safety Commission are sufficient to protect children. The 
hearing explored particular hazards to children and the 
Consumer Product Safety Commission's (CPSC) process for dealing 
with dangerous products. The Committee also kept abreast of 
fire safety rulemaking at the CPSC and developments with regard 
to antifreeze safety.

                     FINANCIAL ACCOUNTING STANDARDS

    The Committee's oversight of corporate accounting scandals 
during the 107th Congress led to the passage of corporate 
governance and accounting reform legislation in 2002. In the 
108th Congress, theCommittee conducted oversight of accounting 
standards changes and Financial Accounting Standards Board (FASB) 
projects implemented in response to the new law and the corporate 
financial collapses of 2001 and 2002. The Committee also examined 
issues related to current financial reporting failures. On September 
25, 2003, the Subcommittee on Commerce, Trade, and Consumer Protection 
held a hearing on Freddie Mac and accounting issues raised by the Doty 
report. The hearing focused on the report, which was prepared for the 
Board of Directors of Freddie Mac, and considered the accounting 
matters raised in the report as a case study for broader issues with 
the formation and application of accounting standards. The Subcommittee 
received testimony from the author of the report, a forensic accountant 
who assisted in the report's preparation, and an expert on accounting 
issues. On July 22, 2003, the Subcommittee held a hearing on FASB 
derivative accounting standards. The hearing examined the application 
of accounting standards to derivatives, particularly Financial 
Accounting Standard (FAS) 133, Accounting for Derivative Instruments 
and Hedging Activities. It also examined the application of FAS 133 by 
Freddie Mac and Fannie Mae to their respective derivatives transactions 
and hedging activities. The Subcommittee received testimony from a 
member of FASB, an executive officer from Freddie Mac, a representative 
from a think tank, and an accounting professor. In addition, on July 8, 
2004, the Subcommittee held a hearing on the FASB proposal on stock 
option expensing. The hearing focused on the FASB's proposal on the 
accounting treatment for stock options and the impact of Federal 
legislation on the proposal. The Committee heard testimony from the 
U.S. Government Accountability Office (GAO), the FASB, as well as 
industry representatives.
    As part of the Committee's oversight of corporate 
accounting practices, on October 16 and November 5, 2003, the 
Subcommittee on Oversight and Investigations held two hearings 
to examine the financial collapse of the HealthSouth 
Corporation. The hearings focused on the (1) failure of 
internal controls and corporate compliance within the health 
care services company, (2) the role that other parties, 
including the Board of Directors, the outside auditors and the 
investment bankers, played in the company's failure to detect 
and report financial fraud earlier, and the affect the new 
corporate governance and accounting reform legislation, passed 
in the 107th Congress, have on Corporate oversight. At the 
October 16 hearing, the Subcommittee received testimony from 
current and former HealthSouth corporate officers and employees 
with insight into company operations and practices, as well as 
the Chief Executive Officer and former Senior Vice President of 
Corporate Finance, both of whom invoked their Fifth Amendment 
protections at the hearing. At the November 5 hearing, the 
Subcommittee received testimony from a representative on the Ad 
Hoc Advisory Group on the Organizational Sentencing Guidelines, 
U.S. Sentencing Commission; certain members of the HealthSouth 
Board of Directors, the acting CEO; and representatives of 
HealthSouth's outside accounting, banking, and legal advisors.
    The Committee also worked with the GAO on accounting 
standards for loan commitments.

                       INTERSTATE AND E-COMMERCE

    In the 108th Congress, the Committee examined issues that 
substantially impact or affect interstate commerce, with 
particular interest in activities that impede such commerce. On 
October 30, 2003, the Subcommittee on Commerce, Trade, and 
Consumer Protection held a hearing titled E-Commerce: The Case 
of Online Wine Sales and Direct Shipment. The hearing focused 
on state restrictions to interstate commerce involving the sale 
of wine. Because states have different laws regarding the sale 
of alcohol over the Internet, customers in many states with 
such restrictions are unable to purchase out of state wine over 
the Internet. Witnesses included a representative from the FTC 
and representatives from the wine industry.
    The Committee continued its review of consumer information 
privacy issues in the commercial context. On April 29, 2004, 
the Subcommittee on Commerce, Trade, and Consumer Protection 
held a hearing on spyware. Concern has been growing that 
individuals are losing their privacy when they connect to the 
Internet as companies increasingly monitor and ``follow'' the 
users across different Websites for various purposes. The most 
pernicious forms of spyware can install software programs onto 
a consumer's computer in order to track Web usage for directed 
advertising, or in the worst-case scenario, to steal or 
transmit private information. The hearing focused on problems 
associated with spyware, efforts to protect computer users 
against spyware, and possible legislative and regulatory 
solutions. As a result of the hearing, the Committee worked to 
develop legislation to address the problems related to spyware 
and provide Federal penalties and remedies. H.R. 2929, 
introduced by Mrs. Bono, was reported by the Full Committee, as 
amended, on July 20, 2004 (H. Rpt. 108-619). The House passed 
H.R. 2929 under suspension of the rules on October 5, 2004.
    The Committee also reviewed and considered issues relating 
to private-sector cyber security. On November 6, 2003, the 
Subcommittee on Telecommunications and the Internet held an 
oversight hearing on computer viruses. The hearing focused on 
the increasing threat from malicious code, known as computer 
worms and viruses, as well as the financial impact on business 
and consumers of computer viruses. Testimony was received from 
representatives of cyber security companies, software 
companies, and Internet service providers. On November 19, 
2003, the Subcommittee on Commerce, Trade, and Consumer 
Protection held a hearing on cyber-security and consumer data. 
The hearing focused on the risks and costs of cyber-security 
threats and efforts to respond to those threats. The witnesses 
included the FTC, e-commerce companies, and various types of 
computer-related companies with an interest in Internet 
security.

                                 TRADE

    In the 108th Congress, the Committee continued to monitor 
and examine both multilateral trade agreements (including World 
Trade Organization agreements) and bilateral agreements such as 
the Singapore and Chile Free Trade Agreements, as those 
agreements relate to services within the Committee's 
jurisdiction--including telecommunications,electronic commerce, 
food and drugs, and energy. The Committee's concern is primarily non-
tariff trade barriers, such as legal and regulatory barriers, to 
electronic commerce and other services within the Committee's 
jurisdiction. As part of this oversight, on May 8, 2003, the 
Subcommittee on Commerce, Trade, and Consumer Protection held a hearing 
on the significance of the Singapore and Chile Free Trade Agreements. 
The hearing focused on services and e-commerce provisions of the trade 
agreements. The Subcommittee heard testimony from representatives from 
the Office of the United States Trade Representative, the Department of 
Commerce, various trade associations, a labor union, and a policy 
group. On March 31, 2004, the Subcommittee held a hearing on U.S.-China 
trade and the preparations for the Joint Commission on Commerce and 
Trade. The U.S.-China Joint Commission on Commerce and Trade (JCCT) was 
established in 1983 as a forum for high-level discussions on bilateral 
trade issues and a vehicle for promoting commercial relations between 
China and the United States. The hearing examined the main issues that 
would be discussed at the joint session including intellectual property 
protection and piracy in China, non-tariff barriers to U.S. 
manufacturing products in China, and labor and environmental issues in 
China. Witnesses included the Deputy U.S. Trade Representative, as well 
as representatives from the games, music, and movie industries, 
representatives from the manufacturing industry, and a representative 
from a labor union.

               ELECTRONIC COMMUNICATIONS NETWORKS (ECNS)

    In the 108th Congress, the Committee continued to monitor 
market data issues and how current market data regulations 
impact competition in the securities markets. The Committee 
focused on these issues in the context of database protection 
legislation. The Committee held hearings on the database issue 
and held markup sessions for two database bills.
    The Committee also continued to work with the GAO to review 
the state of readiness of financial institutions and markets, 
including ECNs, for terrorist acts that would be disruptive of 
the financial markets. GAO submitted a report to the Committee 
on September 27, 2004, and committed to provide a follow-up 
report in the 109th Congress on progress in correcting 
weaknesses in telecommunications resilience, physical controls, 
and business continuity planning for these institutions and 
markets.

                               ATHLETICS

    In the 108th Congress, the Committee continued to conduct 
oversight of issues affecting amateur athletics, specifically 
collegiate athletes, including the role of commercialism and 
the health and welfare of student athletes. On March 11, 2004, 
the Subcommittee on Commerce, Trade, and Consumer Protection 
held an oversight hearing to examine National Collegiate 
Athletic Association (NCAA) rules governing the recruiting of 
college athletes and the enforcement of those rules by member 
universities and the NCAA. The impetus for the hearing was the 
media reported allegations of misconduct and possible criminal 
violations that occurred at various college and university 
campuses. Witnesses included representatives from the NCAA, the 
University of Colorado, Vanderbilt University, and the founder 
of a private organization specializing in counseling student 
athletes. In addition, on May 18, 2004, the Subcommittee held 
an oversight hearing on actions taken by the NCAA to address 
recruiting practices of potential student athletes. The hearing 
was also in response to numerous reports of alleged behavior--
including possible criminal violations--that occurred at 
colleges and universities. Contemporaneous with the media 
reports of those incidents, the NCAA convened a task force to 
examine current practices, guidelines, and rules regarding 
recruiting behavior and offer recommendations to the NCAA. The 
hearing examined the recommendations of the task force as well 
as broader issues that were affecting the enforcement of rules 
and the accountability of universities, athletic departments, 
and the student athletes.
    The Committee also examined the governance of organizations 
responsible for administering athletics, including the U.S. 
Olympic Committee. On March 19, 2003, the Subcommittee on 
Commerce, Trade, and Consumer Protection held an oversight 
hearing to examine issues related to the structure of the USOC 
and their effect on the USOC's ability to fulfill its mission. 
The hearing focused on the USOC governance, the division of 
labor between paid staff and volunteers, and the stated mission 
of the USOC and how it affected their ability to function 
efficiently. Witnesses testifying at the hearing included 
current and former U.S. Olympic athletes, including two Members 
of the 108th Congress, as well as current and former 
representatives of the USOC, the current head of the Athlete's 
Advisory Committee, the head of the National Governing Bodies 
Council and a member of the board of directors. The 
Subcommittee held a second oversight hearing on July 16, 2003, 
to examine the recommendations to reform the USOC put forth by 
the USOC's internal Task Force on Governance and Ethics and a 
second set of recommendations proposed by the Independent 
Commission of the USOC. The hearing focused on how each set of 
proposals would affect USOC governance. Witnesses testifying at 
the hearing included members of both groups as well as a 
representative of the Disabled Sports USA.

                           TRAVEL AND TOURISM

    Following the September 11 terrorist attacks, the travel 
and tourism industry were severely impacted by the decrease in 
business and vacation travel. In the 108th Congress, the 
Committee reviewed the obstacles that stand in the way of a 
full recovery for the travel and tourism industry, as well as 
how the industry, along with Federal and state governments, can 
encourage and promote the United States as a travel destination 
for international and domestic passengers. On April 30, 2003, 
the Subcommittee on Commerce, Trade, and Consumer Protection 
held an oversight hearing on the state of the travel and 
tourism industry. The hearing focused on the efforts to improve 
travel to the United States in light of new regulatory 
requirements initiated for security purposes. The Subcommittee 
also held an oversight hearing on June 23, 2004, toexamine the 
status and implementation of homeland security procedures affecting the 
travel industry and their effectiveness. The hearing focused 
specifically on the strengths and weaknesses of new security measures, 
the availability of information for travelers regarding security 
requirements, and suggestions that would improve security without 
sacrificing the efforts of the industry to promote and attract travel.

                     ENERGY AND AIR QUALITY ISSUES


                         NATIONAL ENERGY POLICY

    During the 108th Congress, the Committee examined the 
Nation's energy policy, including policies relating to natural 
gas, coal, hydropower, nuclear, energy efficiency and 
conservation, energy markets, ultradeep water research and 
development, the status of the Alaska Natural Gas Pipeline and 
pipeline safety generally, the potential for hydrogen as an 
energy source, and the status of the Nation's refining 
industry. The Energy and Air Quality Subcommittee initiated its 
oversight with a series of hearings on a comprehensive national 
energy policy, held on March 5, 12 and 13, 2003. These hearings 
were followed on May 20, 2003, with a Subcommittee hearing on 
the potential for a hydrogen energy economy, and on June 10, 
2003, the Full Committee held a hearing on domestic natural gas 
supply and demand issues.
    To assist the Committee in its consideration of 
comprehensive energy legislation, and Energy Star measures in 
particular, Full Committee Chairman Tauzin sent a letter to the 
Department of Energy (DOE) on March 21, 2003, requesting an 
explanation of the current process for designating a product 
with the Energy Star label, with emphasis on (1) statutory, due 
process, and administrative procedure requirements, (2) 
solicitation and consideration of stockholder comments, and (3) 
energy savings and other factors used to determine whether a 
product should receive the Energy Star label.
    Looking into research developments, on June 24, 2003, the 
Subcommittee on Energy and Air Quality held a hearing on the 
future options for generation of electricity from coal. And on 
April 29, 2004, the Subcommittee held a hearing that examined 
the benefits of ultradeep water research and development. The 
hearing addressed the issue of benefits that may accrue to the 
nation as a result of programs that focus on the use of 
technology for exploring and producing oil and natural gas in 
ultradeep waters.
    In additional national energy policy oversight, on July 15, 
2004, the Subcommittee held a hearing on the status of the U.S. 
refining industry. The hearing updated members on refining 
capacity, gasoline prices, and the likelihood of building new 
domestic refining capacity. Finally, on July 20, 2004, the 
Subcommittee held a hearing on pipeline safety. The hearing 
examined the implementation of the Pipeline Safety Improvement 
Act of 2002, and presented views from various stakeholders.

                THE FEDERAL ENERGY REGULATORY COMMISSION

    The Federal Energy Regulatory Commission (FERC) regulates 
electric utilities, hydropower facilities, and natural gas and 
oil pipelines. In the 108th Congress, the Committee continued 
to examine the activities of the FERC. In particular, the 
Committee's oversight focused on FERC's role in managing the 
August 14, 2003 electricity blackout, the largest in the 
nation's history, and regional energy reliability and security 
issues that resulted from the crisis, and FERC's role in the 
construction and operation of an Alaska natural gas 
transportation project. The Committee also looked at the 
Commission's ability to promote hydropower and development of 
Nation's waterways. On September 3 and 4, 2003, the Full 
Committee held a series of hearings investigating the causes of 
the August 14, 2003 electricity blackout, the largest in the 
nation's history. Approximately 62,000 MW of customer load was 
lost, affecting an area with roughly 50 million people.
    On May 5, 2004, the Subcommittee on Energy and Air Quality 
held a hearing on the Alaska Natural Gas Pipeline Status 
Report. The hearing focused on status of the Alaska Natural Gas 
Pipeline project and the probability of its being built.
    On June 9, 2004, Full Committee Chairman Barton sent a 
letter to Chairman Patrick Wood concerning FERC's ability to 
promote hydropower and development of Nation's waterways.

                     THE FEDERAL ELECTRIC UTILITIES

    In the 108th Congress, the Committee continued to monitor 
the activities of Federal Power Marketing Administrations 
(PMAs) and the Tennessee Valley Authority (TVA), specifically 
with regard to the August 14, 2003 electricity blackout.

                      OIL AND NATURAL GAS MARKETS

    In the 108th Congress, and in light of the war in Iraq, the 
Committee examined the status of oil and natural gas markets. 
As part of its oversight, on June 10, 2003, the Full Committee 
held a hearing on domestic natural gas supply and demand 
issues, looking at the projected natural gas supply and demand 
imbalance and its effect on prices for the 2003 Winter season. 
Following the hearing, Speaker Hastert formed the Task Force 
For Affordable Natural Gas (TFANG), naming Chairman Tauzin and 
Committee on Resources Chairman Pombo as co-chairs. TFANG held 
several public meetings to investigate causes of today's 
natural gas shortage; the impact of natural gas prices on the 
American economy; and, short- and long-term ideas to encourage 
a stable supply of natural gas to ease prices.
    In connection with its oversight of oil markets, the 
Committee continued its oversight of the United Nation's Oil 
for Food Program. The Committee first conducted oversight 
hearings on the Program in the 106th Congress. In the 108th 
Congress, the Subcommittee on Energy and Air Quality held two 
hearings examining the Program, its effect on oil markets, and 
alleged improprieties involving the program. A May 14, 2003 
hearing examined the Program's effect on oil markets, and 
whether it should be continued. Following the hearing, on May 
23, 2003, FullCommittee Chairman Tauzin and Energy and Air 
Quality Subcommittee Chairman Barton wrote United Nations Secretary-
General Kofi A. Annan requesting internal and external audits of the 
oil for food program. A July 8, 2004, Subcommittee hearing on the 
Program updated members on the investigations into the alleged 
improprieties involving the Oil for Food Program. The Committee 
intensified its oversight of the Oil for Food Program with the 
Subcommittee on Oversight and Investigations launching an in-depth 
review of the Program, including document reviews and interviews with 
State Department, Central Intelligence Agency, U.S. Treasury, IRS, 
former United Nations and Iraqi officials. Full Committee Chairman 
Barton and other Energy and Commerce Committee members and staff 
traveled to Baghdad, Iraq, in September 2004 to conduct interviews and 
perform site visits related to the program. On October 7 and October 
18, 2004, Chairman Barton wrote United Nations Secretary-General Kofi 
A. Annan requesting his personal involvement in the expeditious 
discovery and release by the United Nations of information and 
documents related to the Committee's investigation. On October 22, 
2004, Chairman Barton wrote Jacques Chirac, President of France, 
requesting the French government's cooperation in the Committee's 
investigation of the Program. Chairman Barton met with the French 
Ambassador in December 2004, to discuss this matter.

                    THE STRATEGIC PETROLEUM RESERVE

    With the war with Iraq and the political turmoil in 
Venezuela reducing oil exports from that country, the 
Committee, while it took no direct oversight action, continued 
to monitor developments concerning the Strategic Petroleum 
Reserve during the 108th Congress.

                        CLEAN COAL TECHNOLOGIES

    In the 108th Congress, the Committee continued its review 
of technological advances and other issues relating to ``clean 
coal.'' On June 24, 2003, the Subcommittee on Energy and Air 
Quality held a hearing examining the status of new 
technologies, and the improvements to existing technologies for 
the future use of coal for electric generation. The hearing 
also provided information on the current and projected cost, 
reliability, and overall competitiveness of coal in the 
marketplace.

                         GLOBAL CLIMATE CHANGE

    The Committee continued to monitor international 
negotiations on climate change during the 108th Congress. In 
addition, while the Committee took no direct oversight action 
with regard to global climate change, it continued to monitor 
developments concerning whether international agreements are 
achievable, effective and fair to various U.S. interests and 
whether agreements on climate change are scientifically well 
grounded. The Committee also continued to monitor components of 
ongoing climate programs--including activities carried out 
under the President's Global Climate Change Initiatives (GCCI), 
Global Change Research Program, the Climate Change Technology 
Initiative, and Section 1605(b) of the Energy Policy Act of 
1992--to ensure compliance with Congressional intent and 
guidance in this area. The Subcommittee on Energy and Air 
Quality held two hearings on DOE programs supporting the 
President's initiative. The first, on May 20, 2003, focused on 
the potential for the use of hydrogen in both stationary and 
transportation applications, and the second, on June 24, 2003, 
examined the status of new technologies, and the improvements 
to existing technologies for the future use of coal for 
electric generation.

    GENERAL MANAGEMENT OF THE DEPARTMENT OF ENERGY AND ITS NATIONAL 
                              LABORATORIES

    As in previous Congresses, the Committee continued its 
comprehensive review of general management issues at the DOE, 
including management of the National Nuclear Security 
Administration (NNSA) and the national laboratories. On July 
13, 2004, the Subcommittee on Energy and Air Quality held a 
hearing to review proposals to consolidate the Offices of 
Counter Intelligence at National Nuclear Security 
Administration (NNSA) and DOE. Witnesses included the 
Administrator of NNSA and the National Counterintelligence 
Executive. Additionally, The Committee also examined DOE's 
budget requests to determine whether they are consistent with 
the Committee's priorities.
    The Committee also continued to examine whether DOE is 
effectively managing the contractors that operate the national 
laboratories, and whether more competition is necessary in the 
contracting process. In the 107th Congress, the Committee began 
a detailed investigation of procurement and property management 
deficiencies at Los Alamos National Laboratory (LANL), one of 
DOE's national laboratories run by the University of 
California. In the 108th Congress, on February 26 and on March 
12, 2003, the Subcommittee on Oversight and Investigations held 
hearings on procurement and property mismanagement and theft at 
LANL. The purpose of the hearings was to: (1) assess reports of 
theft and loss of governmental property and misuse of 
government procurement mechanisms by personnel at LANL, (2) 
review the actions of the University of California and LANL 
management in response to such reports, and (3) review the 
effectiveness of oversight of LANL by the University and the 
NNSA. On May 1, 2003, the Subcommittee on Oversight and 
Investigations held a hearing to review the DOE's management of 
LANL, and LANL's response to the issues discussed in the 
previous hearings. The day before the hearing, the Secretary of 
Energy announced that the LANL contract would be competitively 
bid in 2005 for the first time in 60 years as a result of the 
management failings revealed in the Committee's and other 
investigations. The Subcommittee received testimony from the 
Deputy Secretary of Energy, the acting Administrator of the 
NNSA, the DOE Inspector General, and the President of the 
University of California and other UC officials.
    In addition to oversight of LANL management, the 
Subcommittee on Oversight and Investigations continued review 
and monitoring ofsecurity and safety problems at LANL. The Lab 
continued to demonstrate a lack of rigor in its management of 
Classified Removable Electronic Media (CREM). In July 2004, two 
computer discs containing highly classified materials were thought to 
have been lost. As a result, all classified operations had been shut 
down at Los Alamos, and remain shut down. Full Committee Chairman 
Barton visited Los Alamos in July 2004 to review the situation 
personally. On October 15, 2004, Chairman Barton sent letters to the 
NNSA Administrator and the LANL Director requesting a complete estimate 
of the costs to the taxpayers resulting from the ongoing stand-down at 
LANL due to the events. Review of the security and safety at LANL is 
ongoing.

   DOE ENVIRONMENTAL MANAGEMENT AND HIGH-LEVEL WASTE CLEAN UP PROGRAM

    The DOE's Environmental Management (EM) program initiated a 
comprehensive accelerated cleanup initiative in Fiscal Year 
2003. The Committee continued to monitor this initiative to 
ensure that increased funding intended to achieve accelerated 
cleanup will actually result in real cleanup progress. The 
Committee also reviewed EM's high-level waste disposal program. 
On July 17, 2003, the Subcommittee on Oversight and 
Investigations held a hearing to review the DOE's radioactive 
high-level waste management program. The purpose of the hearing 
was to examine issues raised by a U.S. Government 
Accountability Office (GAO) report that evaluated the DOE's 
$230 billion program to clean-up high-level radioactive waste 
at former nuclear weapons production sites, identify weaknesses 
within DOE's cleanup plan. The Subcommittee received testimony 
from the DOE, GAO, and environmental officials from Washington 
State and the South Carolina. The hearing provided information 
supportive of the Committee's successful efforts to help pass 
legislation to speed cleanup of these wastes in the FY05 
Defense Authorization Act

                       THE YUCCA MOUNTAIN PROJECT

    In the 107th Congress, the Committee reported H.J. Res. 87 
approving the site at Yucca Mountain, Nevada, for the 
development by the DOE of a permanent repository for the 
disposal of commercial and government-owned spent nuclear fuel 
and high-level radioactive wastes. DOE cannot begin 
construction activities at Yucca Mountain until the Nuclear 
Regulatory Commission (NRC) approves the construction 
authorization license. In the 108th Congress, on March 25, 
2004, the Subcommittee on Energy and Air Quality held a hearing 
to review the Department of Energy's Yucca Mountain Project. 
The hearing focused on the DOE's progress toward submission of 
a license application to the NRC to develop Yucca Mountain as a 
long-term repository for the disposal of radioactive waste, and 
legislation to reclassify contributions to the Nuclear Waste 
Fund (NWF) proposed in H.R. 3429 and H.R. 3981. Witnesses 
included Members of Congress, representatives from the DOE, 
NRC, the Nuclear Waste Technical Review Board, a state 
regulatory commission, and the nuclear industry.

               SAFETY AND SECURITY OF SPENT NUCLEAR FUEL

    Spent nuclear fuel is currently located at hundreds of 
storage sites across the country at private and government-
owned facilities. Spent fuel storage facilities include 
aboveground dry storage facilities and wet storage basins. 
Under current Federal plans, spent nuclear fuel will eventually 
be transported to a permanent disposal facility at Yucca 
Mountain. In the 108th Congress, the Committee continued to 
monitor issues relating to the current safety and security of 
spent nuclear fuel in storage, as well as the safety and 
security of spent nuclear fuel in transport.

                      DOE NUCLEAR SAFETY PROGRAMS

    In the 108th Congress, the Committee continued its 
oversight of implementation of nuclear safety regulations by 
DOE and its contractor employees. As part of this review, on 
July 13, 2004, the Subcommittee on Energy and Air Quality held 
a hearing to review proposals to consolidate the Offices of 
Counter Intelligence at NNSA and DOE. Witnesses included the 
Administrator of NNSA and the National Counterintelligence 
Executive.
    All of the DOE's weapons-usable surplus plutonium has been 
removed from the Rocky Flats, Colorado site, and relocated to 
the Savannah River, South Carolina site. In the 108th Congress, 
the Subcommittee of Oversight and Investigations continued to 
review the numerous safety and physical security issues that 
must be resolved leading up to the final disposition of these 
50 tons of materials, as well as the management of these 
materials, which will run into the tens of billions of dollars.
    As part of its oversight of safety regulations, in the 
summer of 2004, following reports of safety incidents at the 
high-level radioactive waste tank cleanup project at the 
Hanford site, the Subcommittee on Oversight and Investigation 
opened an inquiry to review actions by the contractor in charge 
of the cleanup project and will continue to monitor the 
contractor and DOE efforts to improve worker safety at the tank 
farms.

                         DOE SECURITY PROGRAMS

    In the 108th Congress, the Committee continued its 
extensive oversight of security matters at DOE sites, 
particularly at the national nuclear weapon laboratories, in 
order to ensure that continuing improvements are made in the 
protection of classified information and nuclear materials--
whether in storage, in use, or in transport. On March 4 and May 
11, 2004, the Subcommittee on Oversight and Investigations held 
hearings to assess the state of security at DOE nuclear 
facilities, and the implementation of the revised design basis 
threat (DBT) at various sites managed by DOE and the NNSA. 
While opening statements by Members and witnesses were open to 
the public, the hearings went into executive session for Member 
questioning of the witnesses. At the March 4 hearing, the 
Subcommittee received testimony from DOE, theDOE Office of 
Inspector General, NNSA, and nuclear security authorities. At the May 
11 hearing, the Subcommittee received testimony from the DOE, NNSA, 
GAO, and the Project on Government Oversight.

                   THE NUCLEAR REGULATORY COMMISSION

    As in previous Congresses, the Committee reviewed the 
activities of the NRC. In particular, the Committee monitored 
closely NRC's efforts to increase security requirements at 
nuclear facilities and develop a new design basis threat for 
these facilities. On March 18, 2003, the Subcommittee on 
Oversight and Investigations held a hearing to review NRC's 
proposed changes to security requirements at nuclear power 
plants. While opening statements by Members and witnesses were 
open to the public, the hearing went into executive session for 
Member questioning of the witnesses. The Subcommittee received 
testimony from the Chairman and two Commissioners of the NRC, 
representatives from the nuclear industry and nuclear power 
companies and facilities, and an advocacy group. The new 
changes were finalized and are now being implemented at nuclear 
plants across the country.
    In addition, as part of the Committee's oversight of 
nuclear safety generally, the Committee continued to monitor 
nuclear safety issues at the Davis-Besse nuclear power plant--a 
situation that raised additional concerns about the NRC's 
ability to conduct adequate safety-related oversight of its 
regulated facilities.

           ADVANCED AUTOMOBILE AND HYDROGEN FUEL INITIATIVES

    In the 107th Congress, the Committee began a review of the 
FreedomCAR program run by the Department of Energy. In the 
108th Congress, the Committee continued to review the DOE's 
FreedomCAR and FreedomFUEL advanced automobile and hydrogen 
fuels and infrastructure initiatives. On May 20, 2003, the 
Subcommittee on Energy and Air Quality held a hearing on a 
hydrogen energy economy focusing on the potential for the use 
of hydrogen in both stationary and transportation applications, 
specifically the DOE's Freedom Car and Hydrogen Fuel 
Initiative. In addition, the predicted benefits for the use of 
hydrogen as an energy source as well as the challenges faced in 
make such a substantial change to our nation's energy and 
equipment infrastructure, and issues concerning the production, 
distribution and safe utilization of hydrogen were considered.

                EPA IMPLEMENTATION OF THE CLEAN AIR ACT

    In previous Congresses, the Committee has taken an active 
role in overseeing the Environmental Protection Agency's (EPA) 
implementation of the Clean Air Act and various amendments to 
this Act. In the 108th Congress, the Committee will continue to 
review significant activities regarding the Clean Air Act and 
the success of various efforts in achieving improved air 
quality in a manner that allows both administrative flexibility 
and improved cost-effectiveness. In April 2004, EPA issued its 
final rule designating 474 counties, in 31 states, as non-
attainment areas under the new 8-hour Ozone National Ambient 
Air Quality Standards. Because this was the first ruling on 
this new standard, Full Committee Chairman Barton and 
Subcommittee Vice-Chairman Walden wrote the EPA Administrator 
on August 23, 2004, requesting records relating to EPA's 
discretionary-review process concerning non-attainment 
designations. This review is ongoing.
    The Subcommittee on Energy and Air Quality also held a 
number of hearings examining the EPA's implementation of the 
Clean Air Act and various amendments to this Act. On July 8, 
2003, the Subcommittee held a hearing that explored the basic 
framework and elements of the Administration's Clear Skies 
Initiative, how this proposal would change current law 
regarding the regulation of affected facilities, and the 
anticipated costs and benefits of this approach to controlling 
emissions of sulfur dioxide (SO
2
), nitrous oxides 
(NO
X
) and mercury (Hg) from affected facilities. A 
July 22, 2003, Subcommittee hearing looked at the ``Bump-Up'' 
Policy Under Title I of the Clean Air Act, and addressed the 
attainment date extension policy issued by the EPA in 1998, the 
current situation facing various ``nonattainment'' areas 
following court decisions invalidating this policy, and the 
ability of the EPA, states and local areas to address downwind 
attainment problems in the future. The Subcommittee held a 
field hearing on January 12, 2004 to explore efforts in the 
Coachella Valley in Palm Desert, California, to meet National 
Ambient Air Quality Standards and the unique circumstances 
presented by Southern California geography, the desert 
environment and continuing growth in the region. The 
Subcommittee hearing also considered emissions of particulate 
matter associated with natural conditions in the valley as well 
as other activities and conditions, including declining water 
levels in the Salton Sea. In addition, the Subcommittee held a 
hearing on July 21, 2004, to examine the current use of methyl 
bromide in the United States, alternatives to the use of methyl 
bromide, the international process underway to implement the 
Montreal Protocol, and the U.S. efforts to comply with the 
Montreal Protocol.

                IMPLEMENTATION OF THE ``EQUIP'' PROGRAM

    The Farm Security and Rural Investment Act of 2002 
significantly revised and expanded the Environmental Quality 
Incentives Program (EQUIP). This program provides incentive 
payments and cost-share payments to assist producers in their 
compliance with local, state, and Federal environmental laws 
regarding soil, water, air quality, and wildlife habitat. While 
the Committee took no direct oversight action in the 108th 
Congress, it continued to monitor how the program assists 
communities in meeting obligations under Federal environmental 
statutes within the Committee's jurisdiction.

               ENVIRONMENT AND HAZARDOUS MATERIALS ISSUES


                     EPA MANAGEMENT AND OPERATIONS

    During the 108th Congress, the Committee continued its 
general oversight of the Environmental Protection Agency (EPA). 
As part of this oversight, the Subcommittee on Oversight and 
Investigations initiated an investigation into the EPA's 
administration of assistance agreements, also known as grants, 
which, at more than $4.7 billion per year, account for more 
than half the Agency's budget. On August 4, 2004, following an 
EPA Office of Inspector General (OIG) report that found that 
EPA had not properly used a competitive process when selecting 
some of its grant recipients, Committee Chairman Joe Barton 
wrote the Administrator of the EPA requesting documents 
relating to the agency's grants management process. This review 
is ongoing. The Subcommittee also initiated a review of EPA 
procurement practices. On August 4, 2004, Full Committee 
Chairman Barton sent a letter to the EPA Administrator 
concerning an audit by the EPA OIG that raised questions about 
the Federal Supply Schedule (FSS) Procurement process. The OIG 
audit indicated that a lack of competition existed in the 
compilation of the FSS. This lack of competition resulted from 
inadequate procurement planning, rushed procurements, a lack of 
training for contract project officers, and a failure to comply 
with policies, procedures, and regulations outlined by the 
Federal Government. As a result, the Committee specifically 
asked the EPA for an explanation on all FSS procurements above 
$100,000 when only one contractor was involved and for any 
changes made by EPA in the wake of the OIG audit. This review 
is also ongoing.

             EPA PROTECTION OF SECURITY-RELATED INFORMATION

    In the 108th Congress, the Committee monitored EPA efforts 
to protect security preparedness and vulnerability information 
submitted to the agency under the provisions of the Public 
Health and Bioterrorism Preparedness and Response Act of 2002. 
On September 30, 2004, the Subcommittee on Environment and 
Hazardous Materials held a hearing entitled Controlling 
Bioterror: Assessing Our Nation's Drinking Water Security. The 
hearing focused on oversight of the Bioterrorism Act, and 
options available to manage the vulnerability of the nation's 
water supply and water quality systems to terrorist attack. The 
EPA and the U.S. Government Accountability Office (GAO) 
testified.
    The Committee also reviewed EPA's relationship to, and 
coordination with, the Department of Homeland Security. The 
Subcommittee on Oversight and Investigations initiated a review 
of EPA procedures as they relate to Homeland Security. An EPA 
OIG audit indicated that the Agency had not developed a 
coordinated plan for ``identifying, obtaining, maintaining, and 
tracking'' counter-terrorism and emergency-response equipment. 
On August 4, 2004, Full Committee Chairman Barton wrote the EPA 
Administrator requesting information related to the Agency's 
actions in the wake of the OIG report. This review is ongoing.

                   EPA'S RELATIONSHIP WITH THE STATES

    In a report released in the previous Congress, the GAO 
identified the EPA's relationship with the States as a ``major 
performance and accountability challenge,'' citing 
disagreements over respective roles and responsibilities, 
priorities, and the proper conduct of Federal oversight. The 
Committee monitored the EPA's commitment to improving the 
agency's long-term relationship with the States under the 
National Environmental Performance Partnership. While the 
Subcommittee did not hold any specific hearings that focused on 
the Federal-State dynamic, many issues the Subcommittee 
addressed in hearings either had state witnesses who testified 
about the operation of Federal statutes within states, the role 
of state primacy in enforcing Federal environmental statutes, 
or those challenges being faced in environmental protection 
because of gaps or friction in coverage between Federal and 
State legal activities. Since most environmental laws within 
the jurisdiction of the Subcommittee on Environment and 
Hazardous Materials have both a Federal and state role 
envisioned--the Safe Drinking Water Act, the Comprehensive 
Environmental Response, Compensation, and Liability Act, the 
Superfund Amendments and Reauthorization Act, and the Solid 
Waste Disposal Act--the Subcommittee will continue to examine 
the questions of Federalism in environmental law as well as 
what provisions allow for the most effective and efficient 
protection of human health and the environment.

                 THE SUPERFUND PROGRAM AND BROWNFIELDS

    In the 108th Congress, the Committee continued its ongoing 
review of the efficiency, effectiveness, funding, and pace of 
progress of the Superfund program. The Subcommittee made 
several unofficial inquiries of the EPA and had the EPA conduct 
a subcommittee-wide briefing on the status of the Federal 
statutory brownfields program on September 13, 2004. The focus 
of the briefing and other inquiries was on the processing of 
grant applications, interest in redevelopment of brownfields 
under the new law, coordination between EPA and the states on 
cleanup and grant responsibilities, and the impact that 
increasing grant eligibility for bona-fide prospective 
purchasers would have on the overall program.

         RESOURCE CONSERVATION AND RECOVERY ACT IMPLEMENTATION

    On May 20, 2004, the Subcommittee on Environment and 
Hazardous Materials held a hearing on the EPA's Resource 
Conservation Challenge (RCC), in the Office of Solid Waste and 
Emergency Response. In late 2002, the EPA created the RCC as a 
cross-agency initiative that focuses on partnerships and 
collaboration with States and the private sector to find 
solutions to specific national environmental problems by 
reducing waste production potential. The RCC is composed of 
voluntary programs and projects with a focus on efficient 
materials management or recycling and the RCC is results 
oriented. The solutions being advanced by the RCC are mostly 
voluntary, but may include regulatory approaches, to allow 
material recycling and reuse, as well as protection of human 
health and the environment. A representative from EPA testified 
on the status of the program and possible goals for future RCC 
efforts. In addition, as described earlier in this Report, the 
Subcommittee held ahearing on March 5, 2003, on the 
effectiveness of Leaking Underground Storage Tanks programs under 
Subtitle I of the Resource Conservation and Recovery Act.

                     EPA RISK ASSESSMENT PRACTICES

    In the 108th Congress, the Committee conducted oversight 
with respect to EPA risk assessment practices. On July 13, 
2004, the Subcommittee on Environment and Hazardous Materials 
held a hearing entitled POPs, PIC, and LRTAP: the Role of the 
United States and Draft Legislation to Implement These 
International Conventions. The hearing focused on a discussion 
draft that contained provisions to bring the United States into 
compliance with international agreements. Much of the testimony 
before the panel focused on provisions in a draft legislative 
package that would require risk assessment and cost benefit 
analysis.

                   SAFE DRINKING WATER ACT AMENDMENTS

    Since the law's enactment, the Committee has examined the 
EPA's implementation of the 1996 Safe Drinking Water Act (SDWA) 
Amendments, including the conduct and adequacy of safe drinking 
water research and state funding of drinking water programs. 
While it took no direct oversight action, the Committee 
continued its review of the 1996 Amendments and the magnitude 
of any funding ``gap'' between identified resources and 
identified needs for drinking water delivery systems. As part 
of its oversight of the SDWA generally, on July 22, 2004, the 
Subcommittee on Environment and Hazardous Materials held a 
hearing on the discovery of elevated amounts of lead in 
drinking water in the District of Columbia, and drinking water 
infrastructure needs related to the providing of safe drinking 
water. Witnesses included representatives from the EPA, 
District of Columbia, the GAO, environmental advocates, 
stakeholders, and industry representatives. Also, as already 
noted, the Committee continued to oversee EPA's implementation 
of Title IV of the Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002 with respect to security 
of drinking water systems from terrorist attack.
    In addition, on April 2, 2004, the Subcommittees on 
Environment and Hazardous Materials held a hearing on H.R. 
2771, a bill to amend the SDWA to reauthorize the New York City 
Watershed Protection Program. The New York City Watershed 
program is one of 14 authorizations in the SDWA that had 
expired. During the hearing there was not only discussion about 
the importance of reauthorizing the New York City Watershed, 
but also the status and significance of the other 13 
authorizations. Witnesses included Members of Congress, 
representatives from the EPA, Natural Resources Defense 
Council, New York Department of Environmental Conservation, and 
the Catskills Watershed Corporation.

        DEPARTMENT OF DEFENSE COMPLIANCE WITH ENVIRONMENTAL LAWS

    In the 107th Congress, the Department of Defense (DOD) 
asserted that its ability to train the country's armed forces 
is being hampered by certain Federal environmental laws--three 
of which fall within the jurisdiction of the Committee. On 
April 21, 2004, the Subcommittees on Environment and Hazardous 
Materials and Energy and Air Quality held a joint hearing on 
environmental issues affecting the readiness of the DOD. The 
hearing focused on several legislative proposals by the DOD, 
which would either amend or affect the operation of 
Comprehensive Environmental Response, Compensation, and 
Liability Act, the Resource Conservation and Recovery Act, the 
SDWA, and the Clean Air Act. Witnesses included representatives 
from the DOD, the EPA, state regulators, and environmental 
advocates.

                      HEALTH AND HEALTHCARE ISSUES


                         MEDICARE MODERNIZATION

    During the 108th Congress, the Committee continued to 
examine ways to strengthen and modernize the Medicare program 
for current and future generations. The Committee reviewed 
proposals to address Medicare program growth, examined the 
adequacy of existing Part A and Part B funding mechanisms, and 
reviewed proposals to improve beneficiaries' basic benefit 
packages and to design a Medicare drug benefit. As part of this 
oversight, on April 8, 2003, the Subcommittee on Health held a 
hearing to provide Members with a better understanding of the 
complexity involved in designing a Medicare drug benefit and 
some of the issues that needed to be considered in developing 
legislation creating the drug benefit, including program design 
and management tools necessary to ensure its affordability and 
long-term sustainability. Witnesses included former government 
officials and economic advisers from the Congressional Budget 
Office, the President's Council of Economic Advisors, and the 
Health Care Financing Administration, as well as consumer 
advocacy groups. On April 9, 2003, the Subcommittee held an 
oversight hearing to examine the long-term fiscal situation of 
the Medicare program and options for improving beneficiary 
choices within the program. Witnesses included a representative 
from the Centers for Medicare and Medicaid Services, policy and 
industry specialists, and a consumer advocacy group. In 
addition, one witness testified as a Medicare beneficiary. 
Information provided at these hearings assisted the Committee 
in design of the Medicare Modernization Act of 2003, which was 
signed into law by the President on December 8, 2003. The 
legislation is more fully described in the Subcommittee on 
Health Legislation section of the Committee's Activity Report 
for the 108th Congress.

                      CHILDHOOD VACCINE SHORTAGES

    In the 108th Congress, the Committee continued to examine 
the factors that may contribute to shortages of vaccines. The 
Committee continued to examine whether government policies or 
regulations in this area provide disincentives to vaccine 
research, development, andproduction, and whether the Federal 
vaccine injury compensation and liability system is working 
effectively.
    Additionally, as part of the Committee's oversight of 
vaccine supply issues, on November 18, 2004, the Subcommittee 
on Health and the Subcommittee on Oversight and Investigations 
held a joint hearing on the flu vaccine shortage, ways to 
protect high-risk individuals for this flu season, and decrease 
the chances of this problem happening next year. The Committee 
received testimony from representatives from the Department of 
Health and Human Services (HHS), the U.S. Government 
Accountability Office (GAO), a state health department, and 
various segments of the health care industry. Following the 
hearing, the Subcommittee on Oversight and Investigations 
initiated an investigation of issues surrounding the loss of 
nearly half of the flu vaccine needed by the United States for 
the 2004/2005 flu season, as a result of contamination at the 
Liverpool, UK manufacturing facility of Chiron Corporation. 
Full Committee Chairman Barton and Ranking Member Dingell wrote 
the HHS, Food and Drug Administration (FDA), and the Chiron 
Corporation, on November 18, 2004, requesting documents 
relating to when the flu vaccine shortage first became 
apparent, and the company and agencies' attention and response 
to the reports of problems as they emerged. This aspect of the 
investigation is ongoing.

                       SAFETY OF BREAST IMPLANTS

    Over the past several years, the Committee has monitored 
the oversight by the FDA of the breast-implant industry and the 
safety and efficacy of saline-filled and silicone-filled breast 
implants. In addition, the Committee reauthorized the 
Mammography Quality Standards Act, to help ensure that women 
receive accurate mammography results, including women with 
breast implants.

                    FDA DRUG APPROVAL PROCESS REFORM

    In the 108th Congress, the Committee continued to monitor 
and examine FDA policy changes to improve the drug approval 
process. As part of this oversight the Committee also examined 
FDA monitoring of drugs already on the market. On September 9 
and September 23, 2004, the Subcommittee on Oversight and 
Investigations held hearings examining concerns over the safety 
and efficacy of anti-depressants in children and whether data 
from various pediatric clinical trials of anti-depressants had 
been communicated adequately to the public. The September 9th 
hearing focused on publication and disclosure issues of the 
safety and efficacy data in pediatric anti-depressant clinical 
trials. The Subcommittee received testimony from 
representatives of the seven pharmaceutical companies that 
conducted pediatric clinical trials for depressed children, the 
FDA, and industry associations. The September 23rd hearing 
focused primarily on the FDA's regulatory process of reviewing 
the anti-depressant pediatric clinical trial safety data and 
whether the FDA informed the public in an accurate and timely 
manner about the risks associated with these drugs for 
children. Six witnesses from the FDA provided testimony.
    In addition, the Oversight and Investigations Subcommittee 
initiated an investigation of issues surrounding the withdrawal 
of a non-steroidal anti-inflammatory drug (NSAID) Cox-2 
inhibitor called rofecoxib, known commercially as Vioxx, by its 
manufacturer Merck & Co., Inc. (Merck). On September 30, 2004, 
Merck publicly announced a voluntary worldwide withdrawal of 
Vioxx, a medicine approved by the FDA in 1999 for use in 
treating osteoarthritis and the management of acute pain in 
adults, and later, for rheumatoid arthritis. The publicly 
reported reason for this withdrawal was new data from a three-
year clinical trial that showed a two-fold increase in 
cardiovascular adverse events in patients taking Vioxx. On 
November 23, 2004, Committee Chairman Barton and Ranking Member 
Dingell wrote Merck and the FDA to request more information and 
documentation relating to: (1) FDA knowledge about these 
cardiovascular adverse events associated with Vioxx; (2) when 
FDA learned about this information; and, (3) the action FDA 
took in response to cardiovascular safety concerns associated 
with Vioxx. The investigation is ongoing.

                   PRESCRIPTION DRUG SAFETY AND ABUSE

    In the 108th Congress, in connection with the Committee's 
ongoing oversight of pharmaceutical abuse and diversion in 
general, and of the abuse and diversion of the painkiller 
Oxycontin in particular, the Subcommittee on Oversight and 
Investigations initiated an examination of the FDA evaluation 
of Palladone, a high dose, extended release formulation that 
contains hydromorhone, a Schedule II narcotic painkiller. 
Palladone is currently undergoing FDA evaluation. On February 
26, 2003, Chairman Tauzin, Ranking Member Dingell, Subcommittee 
Chairman Greenwood, and Ranking Member Deutsch wrote Purdue 
Pharma L.P. for records relating to risk management, safety, 
and marketing of Palladone. As part of this inquiry the 
Subcommittee continued its oversight of efforts to reduce 
deaths and addiction associated with Oxycontin, while at the 
same time enable legitimate patients access to effective 
palliative medication. In addition, Subcommittee Chairman 
Greenwood, with Appropriations' Commerce-Justice-State 
Subcommittee Chairman Wolf and Mr. Harold Rogers, requested 
that the GAO examine Oxycontin abuse and diversion and efforts 
to address the problem. In December 2003, the GAO issued its 
report and recommended that the FDA Commissioner ensure that 
FDA's risk management plan guidance encourages pharmaceutical 
manufacturers that submit new drug applications for these 
substance to include plans that contain a strategy for 
monitoring the use of these drugs and identifying potential 
abuse and diversion problems. Relatedly, on March 4, 2004, the 
Subcommittee on Health held an oversight hearing on 
prescription drug monitoring programs. The hearing focused on 
examining the role of prescription drug monitoring programs in 
preventing and deterring prescription drug abuse. Witnesses 
testifying included a Member of Congress, the Secretary of the 
Kentucky Cabinet for Health and Family Services, and 
representatives of the GAO and two trade associations.
    The Committee also continued its prior investigations into 
the safety of imported (and re-imported) drugs, including 
counterfeit or unapproved drugs and bulk ingredients imported 
for use in finished drug products. On June 24, 2003, the 
Subcommittee on Oversight and Investigations held a hearing 
that examined the system in place to protect against 
counterfeit and unapproved pharmaceutical imports. The purpose 
of the hearing was to receive testimony concerning: (1) the 
measures taken by the FDA to prevent imported unapproved and 
counterfeit pharmaceuticals from being taken by U.S. consumers; 
(2) the release by FDA of 1,233 packages of unapproved Viagra 
that were imported through Miami, Florida; and, (3) the 
findings of the South Florida Statewide Grand Jury that 
highlighted a burgeoning counterfeit drug problem in Florida 
and which were a driving force behind a Florida law designed to 
ensure the safety and efficacy of pharmaceuticals taken by 
Floridians. The Subcommittee received testimony from the FDA, 
the Bureau of Customs and Border Protection, and Florida 
officials from agencies responsible for oversight of 
pharmaceutical imports, and the prosecution of violations of 
state import laws. The hearing provided a case study into the 
nationwide issues surrounding the import of pharmaceuticals for 
personal use.
    On December 9, 2003, as part of this continuing oversight, 
the Oversight and Investigations Subcommittee initiated an 
investigation of enablers of illegal Internet pharmacies and 
what efforts have been made toward discouraging these enablers 
from facilitating illicit Internet pharmacies. Enablers 
include: Internet search engines that accept advertising from 
illicit Internet pharmacies, consignment carriers used by Web 
sites to ship drugs from these pharmacies, and credit card 
companies used in advertising by illicit Internet pharmacies. 
The Committee sent letters to the FDA, the Drug Enforcement 
Administration, and the Bureau of Customs & Border Protection 
to get details about any companies that these agencies have 
contacted, and whether any of these companies committed to 
discontinue doing business with illicit Internet pharmacies. In 
addition, the Committee wrote to the CEOs of Federal Express, 
United Parcel Service, Visa International, and MasterCard 
International, for information about each company's actions or 
counter-measures taken relating to illicit Internet pharmacy 
websites.
    In addition, the Committee advanced legislation that would 
provide grants to states through the Department of Health and 
Human Services to monitor the dispensing of Schedule II, III, 
and IV drugs as defined by the Controlled Substances Act. The 
National All Schedules Prescription Electronic Reporting Act 
passed the House under suspension of the rules. The legislation 
is more fully described in the Subcommittee on Health 
Legislation section of the Committee's Activity Report for the 
108th Congress.

                     NURSING HOMES' QUALITY OF CARE

    As part of the Committee's jurisdiction over programs 
administered by HHS, including Medicare Part B and Medicaid, 
the Committee examined quality-of-care issues in nursing homes 
during the 108th Congress. Although the Committee did not 
engage in any direct oversight action on this topic during the 
108th Congress, it continued to monitor developments in this 
area.

         CMS' MANAGEMENT OF THE MEDICARE AND MEDICAID PROGRAMS

    In the 108th Congress, the Committee continued to assess 
the management by the Centers for Medicare and Medicaid 
Services (CMS) of the fiscal intermediaries and carriers that 
are responsible for processing all Medicare claims and 
payments. While the Committee took no direct oversight action, 
it continued to review CMS oversight of these contractors and 
examine the current contractor eligibility requirements and the 
Medicare claims payment system.
    The Committee also continued oversight of efforts to 
streamline the program for beneficiaries and providers. On May 
5, 2004, the Subcommittee on Health held an oversight hearing 
on Medicare reimbursements for physicians and other health 
professionals. The hearing also focused on the mechanics of the 
current payment system, including the formula used to annually 
update payment made under the fee schedule. Witnesses included 
representatives from the U.S. GAO, Congressional Budget Office, 
and Medicare Payment Advisory Commission.

                            MEDICARE+CHOICE

    In the 108th Congress, the Committee examined the 
Medicare+Choice market and the policies that affect plans' 
decisions to participate in the program. In recent years, 
hundreds of plans have withdrawn from the Medicare+Choice 
program, affecting more than 2.4 million beneficiaries. In 
addition, many plans have reduced benefits or increased 
beneficiary cost-sharing, making these plans less attractive to 
beneficiaries. The Committee has examined these issues, and 
made changes to the program in the Medicare Modernization Act 
of 2003, to attract more plans to the program. The Committee 
renamed Medicare+Choice as Medicare Advantage plans and 
increased payments to ensure beneficiary access to these types 
of plans. The legislation is more fully described in the 
Subcommittee on Health Legislation section of the Committee's 
Activity Report for the 108th Congress.

                           PRESCRIPTION DRUGS

    As part of the Congressional effort to enact a new 
prescription drug benefit for Medicare beneficiaries, the 
Committee reviewed issues relating to prescription drugs and 
continued its oversight into the abuses associated with drug-
price reporting practices. The Medicare Modernization Act of 
2003 (MMA) took important steps to address abuses in drug 
pricing under Part B. The legislation is more fully described 
in the Subcommittee on Health Legislation section of the 
Committee's Activity Report for the 108th Congress.
    On May 20, 2004, the Subcommittee on Health held a hearing 
regarding implementation of the Medicare Drug Discount Card 
Programestablished in by MMA. The hearing focused on efforts to 
educate seniors about the new benefit, and savings that seniors can 
recognize from enrolling in the program. Witnesses included the 
Administrator for CMS, as well as industry and consumer advocacy 
representatives and a Medicare beneficiary.
    On March 10, 2003, the Subcommittee on Oversight and 
Investigations held a field hearing in Aventura, Florida, on 
South Florida's access to affordable prescription drugs. The 
hearing examined the experiences of Florida's senior citizens 
concerning the cost of drugs, the perspective of federal and 
state regulators regarding the safety and efficacy of drugs 
imported into Florida, and the perspective of pharmaceutical 
industry and pharmacy associations on efforts to assist low-
income seniors in obtaining free or discounted pharmaceuticals. 
The Subcommittee received testimony from private citizens, the 
American Association of Retired Persons (AARP), the FDA, and 
the Bureau of Statewide Pharmaceutical Services of the Florida 
Department of Health, and the pharmacy and pharmaceutical 
industries. The hearing continued the Committee's efforts to 
oversee and address issues surrounding the safety and efficacy 
of pharmaceuticals, particularly, the Subcommittee's work in 
the 107th Congress examining the ability of the FDA to protect 
against counterfeit or poor-quality imported pharmaceuticals.
    As part of the Committee's oversight of drug-price 
reporting practices, on December 7, 2004, the Subcommittee on 
Oversight and Investigations held a hearing on prescription 
drug reimbursement under Medicaid. The hearing focused on 
whether the Federal Medicaid program pays too much for 
prescription drugs, primarily because most states continue to 
reimburse based upon Average Wholesale Price, or AWP, a price 
reported by drug manufacturers solely for reimbursement 
purposes. Pricing data and documents obtained by the 
Subcommittee during its extensive investigation revealed that 
AWP bears little relationship to what pharmacies and physicians 
actually pay for the drugs, particularly for generic drugs. 
States have difficulty in obtaining accurate sales prices 
because, although CMS receives them from the manufacturers, it 
is barred by law from sharing them with the states. Some states 
have been very aggressive in establishing other mechanism to 
get accurate prices and additional price concessions from drug 
manufacturers. But all of the witnesses agreed that the AWP 
system was ``broken'' and needed to be fixed. During the 
hearing, the Subcommittee received testimony from two 
witnesses, from Ven-A-Care of Florida Keys, Inc., which had 
been instrumental in bringing various Medicare and Medicaid 
abuses to the attention of the Congress, as well as Federal and 
state agencies. The company also had prosecuted numerous false 
claims cases arising from the issues examined at the hearing. 
The Subcommittee also received testimony from officials from 
CMS, the Texas Attorney General's office, the Texas Health and 
Human Services Commission, the Michigan Department of Community 
Health, pharmacy chains, and generic and brand drug 
manufacturers. In addition, as part of the ongoing 
investigation into prescription drug reimbursement under 
Medicaid, Subcommittee Chairman Greenwood, in February 2004, 
requested a GAO review of Medicaid prescription drug 
reimbursement approaches by the states. The Subcommittee 
requested that GAO determine whether states have been obtaining 
all available drug rebates under the Medicaid Drug Rebate 
program to which they are entitled and that GAO examine means 
by which states can constrain the growth in drug spending 
without affecting enrollees' access to quality prescription 
drugs. A report from GAO is expected in the 109th Congress.
    In addition, the Subcommittee on Oversight and 
Investigations opened an investigation in August 2004 into HHS 
management of the 340B Drug Discount Program, which was created 
to provide discount drug prices for various entities that serve 
low-income patients, including community health centers and 
public hospitals. The investigation was prompted by two 
inspection reports issued in June 2004 by the HHS Office of 
Inspector General (HHS-OIG). The reports focused on the 
administration of the program and revealed that 340B entities 
are often overcharged for the drugs and that there are major 
structural defects in the management and oversight of the 
Program on the part of HHS's Health Resources and Services 
Administration (HRSA). The first of these inspection reports 
compared the prices that a sample of the 340B entities actually 
paid in September 2002 to the 340B ceiling prices for those 
drugs and found that many of the sampled prices exceeded the 
ceiling prices, resulting in substantial overcharges. These 
overcharges are often passed on to Medicaid, because if covered 
entities dispense drugs purchased through the 340B Program to 
Medicaid recipients, they are required to bill Medicaid at 
acquisition cost. The report went on to explain that HRSA has 
no processes or procedures to ensure that 340B entities receive 
the discounted prices from the drug manufacturers, nor does it 
have the authority to remedy any overcharges it may uncover. 
The second report found serious problems with the database used 
by HRSA to administer the Program and concluded that these 
deficiencies compromised HRSA's ability to manage the Program 
successfully. Full Committee Chairman Barton sent a letter to 
HRSA on August 9, 2004 asking HRSA to describe its management 
of the 340B Program and what steps it has taken to improve its 
oversight in light of the HHS-OIG reports. Chairman Barton also 
sent a request letter to HHS-OIG on October 31, 2004 requesting 
additional examination of this issue.

                             THE UNINSURED

    In the 108th Congress the Committee continued to monitor 
ways to expand insurance coverage to the more than 40 million 
individuals who are uninsured and ways to improve the insurance 
marketplace. As part of its oversight of health insurance 
issues, on June 24, 2004, the Subcommittee on Oversight and 
Investigations held a hearing to examine hospital billing and 
collection practices for uninsured/self-pay patients. The 
hearing focused on policies and practices for setting rates for 
and charging the uninsured or self-pay patients, the laws and 
regulations that affect the policies, and the guidance from the 
HHS regarding billing and collection practices. Because of the 
pricing system set up by hospitals under their interpretation 
of Medicare regulations, uninsured patients are charged the 
``list price'' for hospital care. For insured patients, there 
are discounts as high as 50 percent from the list price, which 
are negotiated by their insurance companies. Such a system has 
the effect of chargingthe uninsured the highest prices for 
health care. As a result, uninsured patients have lost good credit 
ratings and have had liens placed on their residences. The Subcommittee 
received testimony from three panels of witnesses. The first panel 
featured expert and advocacy witnesses who testified about hospital 
management and finance, debtor-creditor law, bankruptcy, and the 
perspective of patients. The second panel featured the chief executive 
officers of the five largest hospital chains in the United States. And 
the third panel was comprised of representatives from the CMS and the 
HHS-OIG. During the hearing, all of the hospital chains present stated 
that they had implemented or would implement policies providing free or 
discounted care for low-income uninsured patients.

                        MEDICARE PREVENTIVE CARE

    In the 108th Congress, the Committee continued to assess 
policies concerning beneficiary use of and the cost 
effectiveness of clinical preventive benefits and services 
under Medicare. On September 21, 2004, the Subcommittee on 
Health held a hearing to examine the preventive benefits in the 
Medicare program, specifically the expansion of preventive 
benefits under the MMA. Witnesses provided insight on the need 
for these services, how the medical community determines the 
appropriateness of utilizing these services, and mechanisms to 
ensure beneficiaries take advantage of them. Witnesses included 
representatives from the Agency for Healthcare Research and 
Quality, GAO, and an industry representative.

    PREVENTING WASTE, FRAUD AND ABUSE IN FEDERAL HEALTHCARE PROGRAMS

    The Medicare program continues to be at risk of 
considerable losses due to waste, fraud and abuse. Because of 
the program's large size and scope--providing health care 
coverage for 40 million Americans, with expenditures in excess 
of $241 billion each year--the Committee focused considerable 
attention on efforts to eliminate improper payments. The 
Committee also reviewed Federal financial management processes 
and controls, and information technology and systems used to 
prevent and detect fraud. In the MMA, the Committee addressed 
many of these issues, including: Medicare secondary payor; 
competitive bidding for durable medical equipment (DME); use of 
recovery audit contractors; and background checks on direct 
access employees of long-term care facilities or providers. In 
addition, MMA reformed payment for outpatient drugs and 
biologicals. MMA abolished the costly average wholesale price 
(AWP) for physician-administered drugs under Part B. Providers 
will now be reimbursed for drug costs determined by a new 
market-based price or average sales price (ASP). The 
legislation is more fully described in the Subcommittee on 
Health Legislation section of the Committee's Activity Report 
for the 108th Congress.
    In addition, as part of the Committee's broader assessment 
of Medicaid, the Subcommittee on Oversight and Investigations 
launched a broad investigation into potential waste, fraud, and 
abuse in the Medicaid program. In January 2003, the GAO placed 
Medicaid for the first time on its list of government programs 
at ``High Risk'' of fraud, waste, abuse or mismanagement. On 
June 12, 2003, the Subcommittee issued letter requests to all 
50 states for documents and information on a range of matters 
relating to each State's administration and oversight of the 
Medicaid program. Part of this inquiry involves an examination 
of intergovernmental transfers and state financing mechanisms: 
Among the matters principally at issue with intergovernmental 
transfers is the use of certain financing mechanisms by some 
states to generate additional Federal Medicaid matching funds. 
Included in these financing mechanisms is a process by which 
excessive Medicaid payments to state-owned health facilities 
are subsequently returned to the state treasury and then 
reported to the Federal government for the purposes of 
obtaining Medicaid matching dollars. The Subcommittee has been 
investigating the scope and prevalence of such mechanisms, and 
whether this is common practice among certain states and their 
public hospitals.

                     REFORM OF THE MEDICAID PROGRAM

    During the 108th Congress, the Committee reviewed the 
Medicaid program to assess its current operations and determine 
how they may be improved. These efforts included a focus on the 
needs of the elderly and disabled populations within Medicaid, 
and assessment of strategies to improve the quality and cost 
effectiveness of the care they receive. On March 12, 2003, the 
Subcommittee on Health held an oversight hearing examining the 
Medicaid program. The hearing focused on the governors' 
assessment of the current Medicaid program. Specifically, the 
hearing focused on current and long term Medicaid financing, 
and other issues surrounding Medicaid. The only witnesses were 
three Governors who provided their views on the Medicaid 
program. On October 8, 2003, the Health Subcommittee held an 
oversight hearing on the challenges facing the Medicaid 
program, including incentives for states to maximize Federal 
contributions and financing. Witnesses at the hearing provided 
perspectives on the challenges facing the Medicaid program and 
suggested program changes. Witnesses included the CMS 
Administrator, a delegate to a State House of Representatives, 
and a policy specialist from the health care industry.
    As part of its efforts to assess ways to improve patient 
care, on June 5, 2003, the Health Subcommittee held a hearing 
to examine several state demonstration projects that allow 
Medicaid beneficiaries with disabilities to manage some of 
their personal care services. The hearing focused on these 
demonstration programs, known generically as Cash and 
Counseling, which allow certain beneficiaries to choose to 
receive a monthly cash-allowance for personal care services 
based on a professional assessment of their needs. Witnesses 
discussed whether this program should be expanded nationwide 
and concerns with including other Medicaid-covered services 
within the program. Witnesses included representatives from 
Florida's program, as well as an advocacy group representing 
disabled beneficiaries, and the mother of a disabled 
beneficiary. And on October 15, 2003, the Subcommittee held a 
hearing to examine how the Medicaid program coordinates care 
for itsbeneficiaries to improve health and quality of care. The 
hearing focused on the efforts to coordinate care through disease 
management, Primary Care Case Management programs, integrated managed 
care plans, and other new innovative state approaches. Witnesses 
included government health care officials from Florida, North Carolina 
and Indiana, and representatives from health care organizations.
    In addition, as part of this Committee work, the 
Subcommittee on Health held an oversight hearing on March 18, 
2004, to examine how some states use inter-governmental 
transfers, and the impact this funding mechanisms have on the 
growth in Federal Medicaid spending. Its use has allowed some 
states to shift a significant portion of their fiscal 
obligations for the program onto federal taxpayers. In 
addition, monies diverted through this mechanism were used for 
non-Medicaid expenditures. Witnesses included officials from 
GAO and the HHS-OIG, as well as a hospital representative. On 
April 1, 2004, the Health Subcommittee held its second 
oversight hearing to examining inter-governmental transfers. 
Witnesses included representative from CMS and the Ohio Office 
of Medicaid.

                          IMAGE-GUIDED BIOPSY

    In the 108th Congress, the Committee continued to evaluate 
issues related to image-guided biopsy, a minimally invasive 
procedure used to determine if a patient has breast cancer. 
Evidence suggested the use of surgical biopsy over image-guided 
biopsy may have resulted from the larger reimbursement rates 
under Medicare for the surgical biopsy procedure. While the 
Committee took no direct oversight action, it continued to 
monitor the issues.

             THE CENTERS FOR DISEASE CONTROL AND PREVENTION

    In the 108th Congress, the Committee investigated several 
approaches to improving the grant making process at the Centers 
for Disease Control and Prevention (CDC). Several of the CDC 
programs were evaluated as part of Committee negotiations of 
referred legislation.

                     NATIONAL INSTITUTES OF HEALTH

    In the 108th Congress, the Committee initiated a broad 
examination of the National Institutes of Health's (NIH) 
organizational structure, priority setting, and research 
activities. Over the past five years, Congress has invested 
considerable additional resources into NIH, roughly doubling 
its budget. With approximately $27 billion per fiscal year, NIH 
is the largest source of funding for health research in the 
world. At the same time, the majority of NIH authorities have 
expired.
    The Subcommittee on Health held a series of hearings to 
evaluate how NIH operates. The first hearing, held on May 22, 
2003, focused on how NIH is utilizing taxpayer dollars to 
improve and expand its research activities in the field of 
genomics research. On July 10, 2003, the Subcommittee held an 
oversight hearing to evaluate how NIH's technology transfer 
policies are working to bring new products to the market and 
improve public health, and evaluated whether NIH's technology 
transfer policies prohibit the federal government from fairly 
recouping research investments. On March 25, 2004, the 
Subcommittee held an oversight hearing to review how NIH is 
conducting clinical research and highlighted areas for 
improvement. On June 2, 2004, the Subcommittee on Health held a 
hearing to examine how the National Institutes of Health sets 
research priorities to meet public health needs and advance 
scientific opportunities.
    In addition to the Subcommittee on Health hearings, on 
October 2, 2003, the Full Committee and the Senate Health, 
Education, Labor, and Pensions Committee held a joint oversight 
hearing on the organizational structure of the National 
Institutes of Health (NIH). The hearing focused on how the 
current organizational structure of NIH impacts the management 
of the agency, priority setting, and the advancement of 
science. Testimony was received from both the current and past 
Director of the NIH, as well as a representative of the 
National Academy of Sciences.
    As part of examination of NIH, the Subcommittee on 
Oversight and Investigations initiated an examination of the 
NIH management infrastructure. In a March 2003 letter to the 
NIH director, Full Committee Chairman Tauzin and Subcommittee 
Chairman Greenwood requested information relating to grant 
oversight; efforts to address waste, fraud, and abuse in 
federal grants; and information relating to NIH administration 
and administrative costs. The review is ongoing. In addition, 
as part of the Committee's oversight of NIH financial 
management, and its broader review of procurement policies at 
agencies within its jurisdiction, the Subcommittee on Oversight 
and Investigations initiated an examination of the standards 
used to award contracts and the nature of the procurement 
process at NIH. In a March 2004 letter to the NIH director, 
Full Committee Chairman Barton and Subcommittee Chairman 
Greenwood requested records relating to the use of purchase 
cards, purchase orders, telecommunications support contracts, 
and technology acquisition contracts at the agency. The review 
is ongoing.
    On May 12 and 18 and June 22, 2004, the Subcommittee on 
Oversight and Investigations held three hearings focusing on 
conflict-of-interest issues involving NIH employees and drug 
companies. The purpose of the hearings was to: (1) assess the 
recommendations of the NIH Blue Ribbon Panel on Conflict of 
Interest Policies, which was appointed to examine conflicts of 
interest polices, especially those related to consulting 
arrangements and outside ``awards'' received by NIH officials; 
(2) review two case studies, one illustrating the Committee's 
concerns about consulting arrangements, and the other 
illustrating the concerns about outside awards, as well as 
related legal and policy decisions by the Office of Government 
Ethics, the HHS, and the NIH; and (3) assess the NIH's response 
to the Committee's concerns and the Blue Ribbon Panel Report 
recommendations, and explore whether the National Cancer 
Institute (NCI) properly managed conflict of interest issues.
    As part of its oversight of the ethics programs at the NIH, 
the Subcommittee on Oversight and Investigations identified 
issues concerning the NIH's use of special authority under 
Title 42 of the PublicHealth Service Act. The special 
authority, 42 U.S.C. 209(f) ``Special Consultants,'' provides that 
under certain circumstances, special consultants may be employed ``to 
assist and advise in the operations of the [Public Health] Service'' 
without regard to civil service laws. Since 2000, the NIH, without the 
knowledge of Congress, has been using 42 U.S.C. 209(f) as a mechanism 
to increase the salaries of government scientists by evading the salary 
limitations in the civil service system and treating these full-time, 
government scientists as if they were temporary expert consultants. As 
a result, the NIH has compensated nearly 4,000 out of 6,000 of its 
scientists under this mechanism, including paying some NIH Institute 
Directors and other senior NIH officials at annual salary rates greater 
than the salary of the Secretary of the Department of Health and Human 
Services. The Subcommittee raised legal and policy questions about the 
perceived misuse of special-consultant authority during its NIH 
oversight hearings.
    In addition, the Oversight and Investigations Subcommittee 
also opened an inquiry into the fairness of the NIH awards 
process, specifically whether in some cases NIH's methods of 
awarding grants and contracts are structured to ensure or 
maximize the chances that certain institutions and/or 
individuals personally favored by high-ranking NIH officials 
win the awards. On November 10, 2003, Full Committee Chairman 
Tauzin and Subcommittee Chairman Greenwood issued letters to 
relevant parties requesting information relating to a March 
2002 award to Harvard University of a five-year, $40 million 
subcontract for a molecular target laboratory (MTL) through a 
prime contract funded by the NCI. Documents obtained by the 
Committee raised questions about whether the outcome of the 
award was pre-determined. The review is ongoing.

              HHS PROGRAMS AFFECTING CHILDREN AND FAMILIES

    In the 108th Congress, the Committee continued to conduct 
oversight of HHS grant programs that affect the health of 
children and families. Several of the HHS programs were 
evaluated as part of Committee negotiations of referred 
legislation.

                         ANTIBIOTIC RESISTANCE

    In the 108th Congress, while the Committee engaged in no 
specific oversight activity, it continued to monitor and assess 
Federal surveillance and monitoring programs, prevention and 
control efforts, and research and development activities 
relating to antimicrobial resistance.

                            ORGAN DONATIONS

    In the 108th Congress, the Committee continued its 
oversight of the organ donation system. On June 3, 2003, the 
Subcommittee on Oversight and Investigations held a hearing 
that examined initiatives the health care community is 
exploring to increase organ donation. There are 81,000-plus 
candidates in the United States waiting for an organ 
transplant. The hearing examined issues related to advances in 
science to improve the success of organ transplantation, issues 
surrounding potential financial incentives to increase organ 
donation, HHS' Best Practices Initiative, and state initiatives 
to increase organ donations. The Subcommittee heard testimony 
from patients waiting for or who had received transplants, 
representatives from state and federal organ donor networks, 
HHS, and the medical and advocacy community.
    The Committee also advanced legislation to improve organ 
donation. The Committee approved H.R. 399, the Organ Donation 
Improvement Act, on January 29, 2003. This bill was 
incorporated into H.R. 3926, which was signed into Public Law 
108-216 on April 5, 2004.

                   DRUG ABUSE TREATMENT & PREVENTION

    In a February 2003 letter to the HHS Secretary, the 
Subcommittee on Oversight and Investigations raised concerns 
about delays to include alternative drug tests in federal 
workplace programs and requested that the agency expedite 
review of alternative drugs tests and take appropriate action 
to strengthen the federal workplace drug-testing program. 
Federal workplace drug testing policy continues to be based 
only on testing of urine, as it has since 1988. However, since 
1988 the FDA has approved alternative drug tests using hair, 
sweat, and saliva. These alternative tests could strengthen 
security of the federal workplace. Notwithstanding FDA 
clearance of alternatives to urine-testing for drugs-of-abuse, 
increased use of alternative tests in the private sector, and 
the meetings of the Substance Abuse and Mental Health Services 
Administration (SAMHSA)'s Drug Testing Advisory Board over a 
five-year period, SAMHSA had not published proposed guidelines 
on alternative specimens for notice and comment. As a result of 
the Subcommittee's inquiry, HHS published proposed revisions to 
federal mandatory drug-testing guidelines in the Federal 
Register. These revisions require federal workers who submit to 
drug screening to have their saliva, sweat, or hair tested as 
the Administration increases efforts to deter and detect 
illegal drug use among 1.6 million civilian employees.

                      MEDICAL LIABILITY INSURANCE

    In the 108th Congress, the Committee continued to review 
the extent and causes of the medical liability crisis. On 
February 10, 2003, the Subcommittee on Oversight and 
Investigations held a field hearing at St. Mary Medical Center 
in Langhorne, Pennsylvania, on issues surrounding the rise of 
medical liability insurance premiums. The hearing examined the 
impact of rising premiums on the provision of health care in 
the state, the business practices of Pennsylvania insurers, the 
influence of medical liability claims on the rates, and the 
current and proposed state and federal legislative initiatives 
directed at addressing medical liability insurance issues. The 
governor of Pennsylvania spoke on the first panel. The 
hearing's second panel featured patients and physicians who 
testified to their experiences with the provision of health 
care, as well as a hospital administrator and a representative 
of the American Medical Association. The third panel featured 
representatives from the insurance industry, medical schools 
and other medical enterprises, academia, advocacyorganizations, 
and the trial bar. The hearing helped focus attention on the effects 
and causes of rising medical liability premiums in Pennsylvania, and 
nationally. On February 27, 2003, the Subcommittee on Health held an 
oversight hearing assessing the need to enact medical liability reform. 
The hearing focused on the current medical liability crisis, what other 
factors contribute to rising medical malpractice insurance premiums and 
the potential impact of medical liability reforms, such as those 
proposed in H.R. 5, the Help Efficient, Accessible, Low-Cost, Timely 
Healthcare (HEALTH) Act of 2003, on patients' rights, insurance 
companies and physicians. Testimony was received from a patient 
perspective and a health law attorney, as well as industry 
representatives and consumer advocacy groups.
    On March 6, 2003, the Committee approved H.R. 5, with an 
amendment, by voice vote. The House approved the legislation on 
March 13, 2003 by a vote of 229 yeas and 196 nays, with one 
Member voting present.

                             PATIENT SAFETY

    As part of its jurisdiction over public health, the 
Committee continued to monitor the issues of patient safety and 
medical errors. In addition, the Committee pursued oversight of 
this area in the context of legislative activity. Health 
Subcommittee Chairman Bilirakis introduced H.R. 663, to amend 
the Public Health Service Act to provide for the improvement of 
patient safety and to reduce the incidence of events that 
adversely affect patient safety, on February 11, 2003. The bill 
passed by voice vote in the Full Committee on February 12, 
2003. The legislation passed the House on March 12, 2003. The 
legislation is more fully described in the Subcommittee on 
Health Legislation section of the Committee's Activity Report 
for the 108th Congress.

                         PEDIATRIC DRUG TESTING

    In 2002, a Federal court ruled that the FDA did not have 
the authority to issue its ``Pediatric Rule,'' which required 
manufacturers of drugs and biologics to test their drugs 
intended for adults on children. In the 108th Congress, the 
Committee continued to monitor FDA efforts to ensure the 
appropriate testing of drugs in children. In addition, the 
Committee advanced legislation that would provide the FDA the 
authority to require tests of drugs intended for adults on 
children. The bill passed the House under suspension of the 
rules. The Pediatric Research Equity Act was signed into law by 
the President on December 3, 2003. The legislation is more 
fully described in the Subcommittee on Health Legislation 
section of the Committee's Activity Report for the 108th 
Congress.

                        GENERIC DRUG COMPETITION

    The Committee instituted changes to the Hatch/Waxman laws 
in the Medicare Modernization Act of 2003, which will speed the 
approval of generic drugs. Brand drug companies will only be 
allowed one 30-month stay of the approval of a generic 
competitor. The legislation also forces generics to forego 
their 180-day generic exclusivity if they do not bring a 
product to market within a specified time period. Additionally, 
the law ensures that all agreements between innovators and 
generics related to the 180-day exclusivity must be reported to 
the Federal Trade Commission; thereby, preventing potential 
anti-competition arrangements.

                         FOOD ALLERGEN LABELING

    In the 108th Congress, the Committee monitored developments 
concerning food allergen labeling. As part of this work, the 
Committee advanced legislation that required food manufacturers 
to disclose allergens contained in their product on its label. 
The bill then passed the House under suspension of the rules. 
The Food Allergen Labeling and Consumer Protection Act was 
signed into law by the President on August 2, 2004. The 
legislation is more fully described in the Subcommittee on 
Health Legislation section of the Committee's Activity Report 
for the 108th Congress.

                         MEDICAL DEVICE ISSUES

    In the 107th Congress, the President signed into law the 
Medical Device User Fee and Modernization Act of 2002. Among 
other things, this legislation required device manufacturers to 
pay user fees to the FDA for the review of their medical 
devices. During the 108th Congress, the Committee monitored 
implementation of the Act. As part of this work, the Committee 
advanced legislation to make technical corrections to the Act. 
The bill passed the House under suspension of the rules. The 
President on Apri1 1, 2004, signed the Medical Devices 
Technical Corrections Act into law. The legislation is more 
fully described in the Subcommittee on Health Legislation 
section of the Committee's Activity Report for the 108th 
Congress.

                           ANIMAL DRUG ISSUES

    During the 108th Congress, the Committee continued to 
monitor developments with regard to the speed of animal drug 
application approvals. As part of this work, the Committee 
advanced legislation that provides the FDA the authority to 
approve animal drugs for minor species and for minor uses in an 
expedited process. The legislation also provides incentives to 
manufacturers to produce drugs for minor species and for minor 
uses. The bill passed the House under suspension of the rules. 
The Minor Use and Minor Species Animal Health Act was signed 
into law by the President on August 2, 2004. The legislation is 
more fully described in the Subcommittee on Health Legislation 
section of the Committee's Activity Report for the 108th 
Congress.

                       TELECOMMUNICATIONS ISSUES


                     THE UNIVERSAL SERVICE PROGRAM

    In previous Congresses, the Committee has reviewed the 
operations of the various universal service programs 
administered by the Federal Communications Commission (FCC). 
Universal service was first implemented as a government policy 
with the Charleston Plan of implicit subsidies in 1951 as a 
means of ensuring that all Americans enjoyed a ubiquitous, 
reliable, and affordable communications system. Universal 
service policies were amended after the breakup of AT&T in the 
early 1980s and again in the 1996 Telecommunications Act. One 
of the changes made in 1996 was the expansion of the program to 
include the subsidization of telecommunications services 
provided to schools, libraries, and rural health care 
providers.
    On September 24, 2003, the Subcommittee on 
Telecommunications and the Internet held an oversight hearing 
on the future of universal service, competition and advances in 
technology, and current and future funding mechanisms. 
Witnesses from Federal and state regulatory bodies as well as 
large and small telecommunications companies provided 
testimony. Further, on June 17, July 22, and September 22, 
2004, the Subcommittee on Oversight and Investigations held 
hearings on waste, fraud, and abuse in the E-rate program, the 
portion of the Universal Service Fund set up to subsidize 
telecommunications and Internet services and infrastructure in 
qualified schools and libraries. The hearings examined (1) the 
oversight and management of the E-rate program by the FCC and 
the program administrator, (2) issues and vulnerabilities to 
waste, fraud, and abuse in program set-up, and (3) case 
examples of problems in the program. The Subcommittee received 
testimony from school officials, Federal administrators of the 
program, representatives of corporations that were contracted 
to supply telephone and internal connections to schools. In 
addition, the Full Committee and Subcommittee Chairmen 
requested in December 2003 that the U.S. General Accounting 
Office (GAO) review FCC's management of the E-rate program. GAO 
will complete that review early in the 109th Congress.

                HEALTH OF THE TELECOMMUNICATIONS SECTOR

    The mass-market commercialization of the Internet and the 
passage of the 1996 Telecommunications Act unleashed a massive 
investment in telecommunications and Internet companies. This 
boom, however, turned to bust in 2000 and 2001, as new 
investment from Wall Street dried up. As a result, hundreds of 
thousands of employees of telecommunications service and 
manufacturing companies have lost their jobs and dozens of 
companies have filed for bankruptcy. On February 5, 2003 and 
February 26, 2003 the Subcommittee on Telecommunications and 
the Internet held oversight hearings focusing on the current 
health of the telecommunications sector. These hearings 
explored the telecommunications sector's economic slump, its 
affect on service providers and equipment manufacturers, and 
the impact of Commission regulations on the telecommunications 
sector. The Subcommittee received testimony from Federal 
officials, financial analysts, and public policy and research 
organizations.
    On January 29, 2003, Chairman Tauzin, Ranking Member 
Dingell, and 20 Members of the Committee wrote the FCC to 
express concern that the Commission's local competition rules 
were subverting the intent of the Telecommunications Act of 
1996 and undermining the economic well-being of the 
telecommunications sector. The Members asked the Commission to 
foster facilities-based competition by providing all 
competitors with the incentive to build new networks.
    On March 17, 2004, Chairman Barton, Ranking Member Dingell, 
and Mr. Upton and Mr. Boucher wrote to U.S. Attorney General 
John Ashcroft to request that the Solicitor General not appeal 
a decision by the U.S. Court of Appeals for the D.C. Circuit 
that struck down the Commission's February 2003 unbundling 
rules. The authors of the letter believed that the court's 
decision would have a positive impact on the health of the 
telecommunications sector.

         FCC IMPLEMENTATION OF THE 1996 TELECOMMUNICATIONS ACT

    In 1996, Congress enacted a major overhaul of the country's 
telecommunications laws. Among the many changes made in 1996, 
two in particular have spurred a tremendous amount of interest 
and controversy: Congress's requirement that incumbent local 
exchange carriers (ILECs) make parts of their networks 
available to competitors seeking to offer telecommunications 
services and the distinction between regulated 
telecommunications services (essentially transmission services 
in which information does not change content or form) and 
essentially unregulated information services (which do alter 
the content or form of information that is being transmitted). 
There has been widespread disagreement about whether the rules 
implementing these provisions from the 1996 Telecommunications 
Act have been effective in achieving the goals of the Act. 
Throughout the 108th Congress, the Committee examined the 
implementation of the 1996 Telecommunications Act by the FCC 
and the effect of those provisions on the telecommunications 
industry.
    The Subcommittee on Telecommunications and the Internet 
held a series of hearings to explore the changing 
telecommunications marketplace and the regulatory treatment of 
broadband services. On July 21, 2003, the Subcommittee held a 
hearing on the disparity in regulation and what the proper 
regulatory framework for broadband Internet access services 
should be. On July 7, 2004, the Subcommittee held a hearing on 
the impact of Voice over Internet Protocol (VOIP) services on 
the communications industry as well as the impact of the 
current statutory/regulatory framework for communications 
services on VOIP services. On February 4, 2004 and May 19, 
2004, the Subcommittee on Telecommunications and the Internet 
held oversight hearings on the state of competition in the 
communications marketplace in general as well as how the 
convergence of voice, video, and data services is enabling 
companies using different technology platforms to compete head-
to-head. The Subcommittee received testimony from financial 
analysts and economists, witnessed demonstrations of new 
technology devices that reflect the convergence of voice, 
video, and data services and heardtestimony regarding the 
delivery of broadband services using the electricity grid.
    Members of the Committee also wrote a series of letters to 
address concerns with Broadband regulations, VOIP services and 
packet switch facilities. A January 29, 2003, letter to the FCC 
urged that unbundling rules are not applied to broadband 
facilities; a January 22, 2004, letter to the Commission asked 
that it resolve ambiguities in the Commission's 2003 broadband 
rules; a March 17, 2004, letter to the Attorney General urged 
the Solicitor General not to appeal the decision of the U.S. 
Court of Appeals for the D.C. Circuit that upheld the 
Commission's rules that exempted packet-switched and fiber 
facilities from onerous facilities; a September 23, 2004, 
letter to the Commission to urge that the Commission's 
unbundling rules imposed under section 271 of the 
Communications Act be reconciled with the Commission's 
unbundling rules imposed under Section 251 to ensure that 
companies investing in new broadband facilities have the 
maximum incentive to deploy such facilities as quickly and 
ubiquitously as possible; an October 5, 2004, letter to the 
Commission urged the agency to determine that VOIP services are 
interstate and subject to the Commission's exclusive 
jurisdiction; and, an October 20, 2004, letter from 23 Members 
of the Committee supporting the notion that VOIP service is 
interstate in nature and that the Commission should have 
exclusive jurisdiction over rate regulation of VOIP. The 
October 20th letter also urged the Commission to proceed with 
careful deliberation on matters dealing with VOIP and not 
disrupt the critical and longstanding role of the states in 
protecting consumers and ensuring public safety.

                       WIRELESS E-911 DEPLOYMENT

    The roll out of the FCC program known as E-911, a 
requirement that mobile telecommunications service providers 
put technology in their networks and/or consumer handsets that 
enable a public safety official to determine a wireless 
caller's location with a certain degree of accuracy, has been 
slower than expected. In the 108th Congress the Subcommittee on 
Telecommunications and the Internet held hearings on the status 
of the implementation of E-911. On June 4, 2003, the 
Subcommittee held an oversight hearing which explored the 
progress that wireless carriers, local exchange carriers 
(LECs), and public safety answering points (PSAPs) were making 
in their efforts to deploy Phase II Enhanced 911 service within 
the deadlines and parameters established by the FCC. The 
Committee received testimony from a Federal agency, 
representatives of large wireless providers, and a 
representative of the National Emergency Number Association.

                           DIGITAL TELEVISION

    In the Balanced Budget Act of 1997, Congress gave 
television broadcasters additional 6 MHz blocks of spectrum to 
begin broadcasting in digital format, and required them to 
cease analog broadcasting and return 6 MHz blocks of spectrum 
the later of December 31, 2006, or once more than 85% of 
television households have access to digital television 
channels. During the 108th Congress, the Subcommittee on 
Telecommunications held hearings, and roundtable discussions 
with industry representatives to monitor the FCC's actions in 
proceedings that will impact the success of the transition to 
digital television in all areas of the country in accordance 
with the schedule set forth in the Balanced Budget Act of 1997. 
On June 2, 2004, the Subcommittee held an oversight hearing on 
the digital television transition. Witnesses included industry 
representatives, advocacy groups, and a representative of a 
think tank. On July 21, 2004, the Subcommittee held an 
oversight hearing on a digital television transition plan 
implemented in Berlin, Germany. On July 22, 2004, the Committee 
hosted a digital television roundtable discussion, designed to 
solicit updates from the Commission, industry and consumer 
groups on the DTV transition's progress and remaining DTV 
issues.

           EFFICIENT USE OF SPECTRUM AND SPECTRUM MANAGEMENT

    Management of spectrum within the United States is shared 
between the FCC (governing private sector use of the spectrum) 
and the National Telecommunications and Information 
Administration (NTIA) (governing governmental use of the 
spectrum). With virtually all usable spectrum already allocated 
there is increased demand for the allocation and assignment of 
additional spectrum in order to provide new wireless services. 
During the 108th Congress the Committee reviewed spectrum 
management functions and efforts to promote spectrum sharing 
that may be beneficial to the promotion of new wireless 
technologies.
    In addition, on June 11, 2003, the Subcommittee on 
Telecommunications and the Internet held an oversight hearing 
on the spectrum needs of our nation's first responders. Topics 
that were explored included interference problems on radio 
frequencies used by first responders, interoperability 
communication difficulties with officials in other agencies on 
common radio frequencies, and modernizing communications 
systems. The Subcommittee received testimony from Members of 
Congress, state and local officials, commercial mobile service 
providers, and equipment manufacturers.

                         MEDIA OWNERSHIP RULES

    The 1996 Telecommunications Act required the FCC to relax a 
number of its broadcast ownership restrictions. It also 
required the FCC to review its ownership restrictions 
biennially to ``determine whether any of such rules are 
necessary in the public interest as the result of 
competition.'' The FCC consolidated three pending broadcast 
ownership proceedings in September 2002 into a single Biennial 
Review. The Committee wrote nine letters to the Commission 
between February 2003 and May 2003 weighing in on various 
aspects of the proceeding and checking in on its status.
    In June 2003, the FCC: (1) raised the national television 
potential audience reach limit to 45 percent from 35 percent; 
(2) relaxed some of the limits on the ownership of two 
television stations in a market, referredto as ``duopolies''; 
(3) allowed, for the first time, ownership of three television stations 
in a market, referred to as ``triopolies,'' in certain limited 
circumstances; (4) slightly tightened the limit on the number of local 
radio stations an entity may own by using a more restrictive, Arbitron-
based definition of the relevant local market for purposes of applying 
the rule; (5) loosened the restrictions on the cross ownership of a TV 
station and a radio station in the same market; (6) allowed, for the 
first time, ownership of a newspaper and a radio station or a newspaper 
and TV station in the same market, in certain circumstances; and, (7) 
preserved the existing dual network rule. Congress rolled back the 
national television potential audience reach limit to 39 percent in the 
2004 Omnibus Appropriations Act. The U.S. Court of Appeals for the 
Third Circuit remanded most of the remaining ownership rules in June 
2004, telling the FCC that while the rules may be justifiable, the FCC 
needs to do a better job of supporting them. In particular, the court 
remanded the television duopoly/triopoly, local radio ownership, and 
cross-ownership rules for further explanation and support. Any Supreme 
Court appeal must be filed by the end of December. The FCC and a number 
of broadcasters are each currently deciding whether to do so. In the 
109th Congress, the Committee will continue to monitor any FCC or court 
decisions on the broadcast ownership rules.

                                 ICANN

    The Internet Corporation for Assigned Names and Numbers 
(ICANN) governs the management and registration of ``generic 
top-level domain'' names (gTLDs) such as .com or .gov. ICANN 
operates through a Memorandum of Understanding with the 
Department of Commerce. As ICANN moves toward complete 
privatization of the domain name system from the Department of 
Commerce, the Committee continued to monitor its progress. 
Specifically, the Committee met with officials from NTIA to 
discuss the movement toward rewriting the Memorandum of 
Understanding between ICANN and the Department and when ICANN 
independence could occur.

                                DOT KIDS

    During the 107th Congress, the ``Dot Kids Implementation 
and Efficiency Act'' was passed into law. That law requires the 
operator of the ``.us'' country-code domain to create and 
maintain the ``.kids'' secondary domain. In the 108th Congress, 
on May 6, 2004, the Subcommittee on Telecommunications and the 
Internet held an oversight hearing on The ``Dot Kids'' Internet 
Domain: Protecting Children Online. This hearing focused on the 
roll out of the new ``dot kids'' Internet domain and what 
actions industry, government and other organizations could take 
to ensure the domain is a success. The Subcommittee received 
testimony from government officials, industry representatives, 
and child safety organizations.

         CONTENT PROTECTION AND ITS RELATIONSHIP TO E-COMMERCE

    As broadcasters and cable operators continue to move from 
analog to digital technology, and broadband deployment 
continues, questions about the protection of content persist. 
Conventional wisdom holds that consumers will not embrace 
digital technology in large numbers until a greater amount of 
compelling content is available that takes advantage of digital 
platforms. Conventional wisdom also holds that content owners 
will not make a greater amount of compelling digital content 
available until they have better assurances that their content 
will not be unlawfully copied and distributed over broadband 
networks. Promoting the development of broadband and digital 
platforms turns in a large part, then, on testing this 
conventional wisdom and, if accurate, addressing the concerns 
it raises. Maximizing growth in digital and broadband platforms 
will require striking the right balance between content owners' 
expectations that they will be able to exert controls over 
their content, and consumers' expectations that digital and 
broadband platforms will bring them more flexibility, not less, 
in using content and electronics. The Committee kept an eye on 
these issues in the 108th Congress by drafting letters, 
convening roundtable discussions with industry and consumer 
representatives, and holding hearings. Topics included the 
amount and form of digital content available over broadcast and 
cable platforms, and content protection mechanisms such as 
those implemented by the FCC in its broadcast flag and cable 
plug-and-play regulations. The Committee will continue to 
monitor these issues in the 109th Congress, and may hold 
additional roundtables or hearings on content-protection 
related topics in the context of the DTV transition, broadband 
deployment, video streaming, and peer-to-peer networks.

                INTERNET SPAM AND POP-UP ADVERTISEMENTS

    Internet users are expressing increasing frustration over 
the growing number of unsolicited e-mails they receive from 
commercial vendors, as well as the frequency of pop-up 
advertisements during Internet use. On July 9, 2003, the 
Subcommittee on Telecommunications and the Internet held a 
joint oversight hearing with the Subcommittee on Commerce, 
Trade, and Consumer Protection on the legislative efforts to 
combat unsolicited commercial email, also known as spam. The 
hearing explored the problems created by spam, which has been a 
ballooning problem for electronic mail users, businesses, and 
Internet service providers. Witnesses included representatives 
of large Internet service providers, Federal and state/local 
officials, and representatives of consumers.

                THE CORPORATION FOR PUBLIC BROADCASTING

    Congress created the Corporation for Public Broadcasting 
(CPB) in the Public Broadcasting Act of 1967. Historically, the 
Committee has been charged with monitoring the activities of 
CPB and authorizing appropriations. In the 108th Congress, the 
Committee reviewed the level of Federal funding necessary for 
the continuation of public broadcasting from stations across 
the country. Specifically, the Committee examinedthe funding of 
the television future fund created within CPB. After a GAO report was 
released indicating that monies used to finance the Future Fund were 
not being properly allocated, Chairman Barton wrote a letter with 
Telecommunications and the Internet Subcommittee Chairman Upton, Mr. 
Burr, and Mr. Regula on May 21, 2004, to Mr. Robert Coonrad, President 
and CEO for the Corporation of Public Broadcasting, asking for the 
remaining money in the television future fund be returned to the public 
television stations since using community service grant money for 
future fund purposes was contrary to CPB's statute.

                        HOMELAND SECURITY ISSUES


              CRITICAL INFRASTRUCTURE ASSURANCE ACTIVITIES

    In the 108th Congress, the Committee continued to monitor 
protection efforts in the electricity, energy, nuclear, postal/
shipping, and information and telecommunications industries, as 
well as with respect to the food and drinking water supplies 
and the public health infrastructure. As part of this 
oversight, the Committee continued its review of Federal and 
industry efforts to improve security at sites possessing 
potentially dangerous chemicals. As part of this review, 
officials from the Environmental Protection Agency (EPA) met 
with Committee staff on February 26th to discuss the agency's 
voluntary survey of security practices at approximately 31 
high-risk chemical facilities across the country. On February 
28, 2004, the Full Committee Chairman Tauzin, Environment and 
Hazardous Materials Subcommittee Chairman Gillmor, and 
Oversight and Investigations Subcommittee Chairman Greenwood 
wrote the EPA Administrator requesting documents and 
information to assist the Committee in its continuing oversight 
of chemical plant security. Review of chemical plant security 
is ongoing. In addition, on March 18, 2003, the Subcommittee on 
Oversight and Investigations held a hearing to review the 
Nuclear Regulatory Commission's (NRC) proposed changes to 
security requirements at nuclear power plants. While opening 
statements by Members and witnesses were open to the public, 
the hearing went into executive session for Member questioning 
of the witnesses. The Subcommittee received testimony from the 
Chairman and two Commissioners of the NRC, representatives from 
the nuclear industry and nuclear power companies and 
facilities, and an advocacy group. The new changes were 
finalized and are now being implemented at nuclear plants 
across the country.

                           NUCLEAR SMUGGLING

    Throughout the 108th Congress, the Subcommittee on 
Oversight and Investigations continued its focus on efforts of 
the Bureau of Customs and Border Protection (CBP) to secure the 
nation's ports and borders from terrorist efforts to smuggle 
weapons of mass destruction into the United States. As part of 
this oversight, on September 30, 2003, the Subcommittee held a 
hearing to review the federal government's progress toward 
installing radiation detection monitors at U.S. ports and 
borders. The hearing focused on CBP's ongoing efforts to 
install radiation portal monitors at each port to screen 
incoming cargo for radiological weapons. Due to the subject 
matter, the hearing was conducted in a classified session. The 
Subcommittee received testimony from one panel of witnesses, 
consisting of representatives from the CBP, the U.S. Postal 
Service, and the U.S. Government Accountability Office (GAO). 
On December 12, 2003, and March 31, 2004 the Subcommittee held 
hearings to review the CBP's targeting and inspection program 
for sea cargo. The hearings focused on CBP's efforts to 
implement a system to screen all incoming sea cargo and target 
for evaluation and inspection high-risk cargo entering the 
United States. While opening statements by Members and 
witnesses were open to the public, the hearing went into 
executive session for Member questioning of the witnesses. At 
the December 12 field hearing held at the Delaware River Port 
Authority, in Camden, New Jersey, the Subcommittee received 
testimony from two panels of witnesses, consisting of 
representatives from the GAO, the Department of Homeland 
Security's Office of Inspector General (OIG), CBP, and the 
Philadelphia Regional Port Authority. At the March 31, 2004, 
the Subcommittee received testimony from representatives of the 
CBP, the GAO, the OIG, Council of Foreign Relations, and 
representatives from the Port of Los Angeles-Long Beach and 
Port of New York-New Jersey. Port security continues to be a 
major priority for the Subcommittee.

                 BIOTERRORISM PREPAREDNESS AND RESPONSE

    In the 108th Congress, the Committee monitored the 
implementation of the Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002 by the Department of 
Health and Human Services (HHS), and the coordination between 
HHS and the Department of Homeland Security with respect to 
setting priorities and goals for bioterrorism-related research 
and preparedness activities. As part of this review, on March 
27, 2003, the Subcommittee on Health held an oversight hearing 
on Project Bioshield. Project Bioshield aims to spur the 
research and development of new vaccines, drugs, and other 
countermeasures to deal with those biological, chemical, 
nuclear or radiological agents that pose a material threat to 
our national security. Witnesses included HHS Secretary Tommy 
Thompson, and other experts in vaccine and drug research and 
development. In addition, on June 25, 2004, the Subcommittee on 
Health held an oversight hearing to review the implementation 
of food security provisions of the Act. The hearing reviewed 
new requirements for registration of food processors, prior 
notice of imported food shipments, establishment and 
maintenance of records, and administrative detention. The 
Public Health Security and Bioterrorism Preparedness and 
Response Act mandated these requirements. Witnesses included 
representatives of the Food and Drug Administration, U.S. 
Customs, the food processing and distribution industries.
    As part of the Committee's oversight of its other areas of 
jurisdiction under the Public Health Security and Bioterrorism 
Preparedness and Response Act, the Subcommittee on Environment 
and Hazardous Materials held a hearing on September 30, 2004, 
to oversee EPA's implementation of Title IV of the Act with 
respect to security ofdrinking water systems from terrorist 
attack. As part of its oversight of bioterrorism preparedness 
activities, the Committee reviewed issues relating to liability and 
compensation for adverse events regarding pre-event smallpox 
vaccination. As a result of this, the Committee also worked on the 
Smallpox Emergency Personnel Protection Act of 2003, which provides 
benefits for certain individuals with injuries resulting from 
administration of a smallpox vaccine, and for other purposes. The 
President signed this bill into law on April 30, 2003. Also, on May 11, 
2004, the Health Subcommittee held a hearing on H.R. 3266, the Faster, 
Smarter Funding for First Responders Act of 2004. The primary focus of 
the hearing was the need to avoid unnecessary duplication of functions 
and the need for coordination between the Department of Homeland 
Security and the HHS. Among other items, the hearing reviewed 
implementation of current bioterrorism and public health emergency 
preparedness and response programs for first responders.

                         PUBLIC SAFETY SPECTRUM

    A major communications problem identified by the September 
11 tragedy was the absence of interoperable spectrum used by 
public safety officials. Police, fire, and rescue personnel 
from different jurisdictions often are not able to communicate 
with each other using their respective communications devices 
because they operate using different, incompatible frequencies. 
On June 11, 2003, the Subcommittee on Telecommunications and 
the Internet held an oversight hearing on the spectrum needs of 
our nation's first responders. The Subcommittee received 
testimony from Members of Congress, state and local officials, 
commercial mobile service providers, and equipment 
manufacturers. Topics that were explored included interference 
problems on radio frequencies used by first responders, 
interoperability communication difficulties with officials in 
other agencies on common radio frequencies, and modernizing 
communications systems.

        IMPLEMENTATION OF GOVERNMENT-WIDE CYBER SECURITY PROGRAM

    During the 108th Congress, the Committee continued to 
monitor the efforts of Federal agencies within its jurisdiction 
to ensure the agencies are complying with the cyber security 
provisions of the Homeland Security Act of 2002.

              IMPLEMENTATION OF THE HOMELAND SECURITY ACT

    In the 108th Congress, the Committee monitored 
implementation of Homeland Security Act of 2002 as it pertains 
to matters within the Committee's jurisdiction, including 
critical infrastructure protection, research and development, 
and emergency preparedness. As part of this oversight, the 
Subcommittee on Oversight and Investigations initiated a review 
of EPA procedures as they relate to Homeland Security. An EPA 
OIG audit indicated that the Agency had not developed a 
coordinated plan for ``identifying, obtaining, maintaining, and 
tracking'' counter-terrorism and emergency-response equipment. 
In August 4, 2004, Full Committee Chairman Barton wrote the EPA 
Administrator requested information related to the Agency's 
actions in the wake of the OIG report. This review is ongoing. 
In addition, the Subcommittee opened an investigation into the 
Transportation Security Administration's (TSA) management and 
oversight of its contract with a private firm to provide 
airport screeners. In March 2002 the TSA signed a contract with 
Pearson Government Solutions to recruit 30,000 to 50,000 
airport ``screeners'' in response to the events of 9/11. This 
contract was initially valued at approximately $104 million; 
however, it subsequently increased to more than $850 million. 
The Subcommittee is examining the reasons for this significant 
increase and TSA's oversight of the program.
    In addition, on June 23, 2004, the Subcommittee on 
Telecommunications and the Internet held an oversight hearing 
which focused on protecting homeland security, and explored the 
progress made in ensuring that public safety communications 
systems and therefore communications between different public-
safety agencies are interoperable. This hearing explored 
whether interoperability is an achievable goal and the steps 
that need to be taken in order to achieve that goal. Witnesses 
included officials from Federal, state/local agencies, and 
wireless companies.

                          MISCELLANEOUS ISSUES


             MISUSE OF GOVERNMENT PURCHASE AND TRAVEL CARDS

    In the 108th Congress, the Committee continued to monitor 
implementation of OMB guidelines to ensure that the new 
purchase card programs are successful in preventing fraud, 
waste, and abuse in the use of this procurement tool. As part 
of this oversight, the Subcommittee on Oversight and 
Investigations held hearings, on February 26 and on March 12, 
2003, that involved review of procurement and property 
management deficiencies at Los Alamos National Laboratory, one 
of the Department of Energy's national laboratories run by the 
University of California. (For details, see the General 
Management of the Department of Energy and Its National 
Laboratories, above.) Additionally, in a March 2004 letter to 
the National Institutes of Health director, Full Committee 
Chairman Barton and Subcommittee Chairman Greenwood requested 
records relating to the use of purchase cards, purchase orders, 
telecommunications support contracts, and technology 
acquisition contracts at the agency. The review is ongoing.
                               APPENDIX I

                         Legislative Activities

                    COMMITTEE ON ENERGY AND COMMERCE

                    Summary of Committee Activities

Total Bills and Resolutions Referred to Committee.............      1114
Public Laws...................................................        55
Bills and Resolutions Reported to the House...................        49
Hearings Held:
    Days of Hearings..........................................       154
        Full Committee........................................         9
        Subcommittee on Commerce, Trade, and Consumer 
          Protection..........................................        31
        Subcommittee on Energy and Air Quality................        20
        Subcommittee on Environment and Hazardous Materials...         8
        Subcommittee on Health................................        26
        Subcommittee on Telecommunications and the Internet...        28
        Subcommittee on Oversight and Investigations..........        32
    Hours of Sitting..........................................    458:44
        Full Committee........................................     30:52
        Subcommittee on Commerce, Trade, and Consumer 
          Protection..........................................     71:25
        Subcommittee on Energy and Air Quality................     63:46
        Subcommittee on Environment and Hazardous Materials...     21:30
        Subcommittee on Health................................     67:34
        Subcommittee on Telecommunications and the Internet...     68:34
        Subcommittee on Oversight and Investigations..........    125:03
Legislative Markups:
    Days of Markups...........................................        35
        Full Committee........................................        21
        Subcommittee on Commerce, Trade, and Consumer 
          Protection..........................................         3
        Subcommittee on Energy and Air Quality................         2
        Subcommittee on Environment and Hazardous Materials...         2
        Subcommittee on Health................................         3
        Subcommittee on Telecommunications and the Internet...         4
    Hours of Sitting..........................................     80:13
        Full Committee........................................     62:35
        Subcommittee on Commerce, Trade, and Consumer 
          Protection..........................................      1:08
        Subcommittee on Energy and Air Quality................      7:44
        Subcommittee on Environment and Hazardous Materials...      3:58
        Subcommittee on Health................................      1:48
        Subcommittee on Telecommunications and the Internet...      3:18
Business Meetings:
    Days of Meetings..........................................         4
        Subcommittee on Oversight and Investigations..........         4
    Hours of Sitting..........................................      1:22
        Subcommittee on Oversight and Investigations..........      1:22
Executive Sessions:
    Days of Meetings..........................................         6
        Subcommittee on Oversight and Investigations..........         6
    Hours of Sitting..........................................     10:54
        Subcommittee on Oversight and Investigations..........     10:54
                              APPENDIX II

    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: 55
------------------------------------------------------------------------
  Public Law        Date approved           Bill             Title
------------------------------------------------------------------------
108-10         March 11, 2003          H.R. 395       Do Not Call
                                                       Implementation
                                                       Act.
108-12         April 22, 2003          H.R. 397       To reinstate and
                                                       extend the
                                                       deadline for
                                                       commencement of
                                                       construction of a
                                                       hydroelectric
                                                       project in the
                                                       State of
                                                       Illinois.
108-20         April 30, 2003          H.R. 1770      Smallpox Emergency
                                                       Personnel
                                                       Protection Act of
                                                       2003.
108-39         June 30, 2003           H.R. 2312      ORBIT Technical
                                                       Corrections Act
                                                       of 2003.
108-40         June 30, 2003           H.R. 2350      Welfare Reform
                                                       Extension Act of
                                                       2003.
108-41         July 1, 2003            H.R. 389       Automatic
                                                       Defibrillation in
                                                       Adam's Memory
                                                       Act.
108-74         August 15, 2003         H.R. 2854      To amend title XXI
                                                       of the Social
                                                       Security Act to
                                                       extend the
                                                       availability of
                                                       allotments for
                                                       fiscal years 1998
                                                       through 2001
                                                       under the State
                                                       Children's Health
                                                       Insurance
                                                       Program, and for
                                                       other purposes.
108-75         August 15, 2003         S. 1015        Mosquito Abatement
                                                       for Safety and
                                                       Health Act.
108-82         September 29, 2003      H.R. 3161      To ratify the
                                                       authority of the
                                                       Federal Trade
                                                       Commission to
                                                       establish a do-
                                                       not-call
                                                       registry.
108-89         October 1, 2003         H.R. 3146      To extend the
                                                       Temporary
                                                       Assistance for
                                                       Needy Families
                                                       block grant
                                                       program, and
                                                       certain tax and
                                                       trade programs,
                                                       and for other
                                                       purposes.
108-127        November 17, 2003       H.R. 3288      To amend title XXI
                                                       of the Social
                                                       Security Act to
                                                       make technical
                                                       corrections with
                                                       respect to the
                                                       definition of
                                                       qualifying State.
108-130        November 18, 2003       S. 313         Animal Drug User
                                                       Fee Act of 2003.
108-136        November 24, 2003       H.R. 1588      National Defense
                                                       Authorization Act
                                                       for Fiscal Year
                                                       2004.
108-154        December 3, 2003        S. 286         Birth Defects and
                                                       Developmental
                                                       Disabilities
                                                       Prevention Act of
                                                       2003.
108-155        December 3, 2003        S. 650         Pediatric Research
                                                       Equity Act of
                                                       2003.
108-163        December 6, 2003        H.R. 3058      Health Care Safety
                                                       Net Amendments
                                                       Technical
                                                       Corrections Act
                                                       of 2003.
108-164        December 6, 2003        H.R. 3140      Fairness to
                                                       Contact lens
                                                       Consumers Act.
108-173        December 8, 2003        H.R. 1         Medicare
                                                       Prescription
                                                       Drug,
                                                       Improvement, and
                                                       Modernization Act
                                                       of 2003.
108-176        December 12, 2003       H.R. 2115      Vision 100--
                                                       Century of
                                                       Aviation
                                                       Reauthorization
                                                       Act.
108-179        December 15, 2003       H.R. 1813      Torture Victims
                                                       Relief
                                                       Reauthorization
                                                       Act of 2003.
108-187        December 16, 2003       S. 877         Controlling the
                                                       Assault of Non-
                                                       Solicited
                                                       Pornography and
                                                       Marketing Act of
                                                       2003.
108-194        December 19, 2003       S. 686         Poison Control
                                                       Center
                                                       Enhancement and
                                                       Awareness Act
                                                       Amendments of
                                                       2003.
108-197        December 19, 2003       S. 1929        Mental Health
                                                       Parity
                                                       Reauthorization
                                                       Act of 2003.
108-210        March 31, 2004          S. 2231        Welfare Reform
                                                       Extension Act of
                                                       2004.
108-214        April 1, 2004           S. 1881        Medical Devices
                                                       Technical
                                                       Corrections Act.
108-216        April 5, 2004           H.R. 3926      Organ Donation and
                                                       Recovery
                                                       Improvement Act.
108-228        May 18, 2004            S. 2315        To amend the
                                                       Communications
                                                       Satellite Act of
                                                       1962 to extend
                                                       the deadline for
                                                       the INTELSAT
                                                       initial public
                                                       offering.
108-265        June 30, 2004           S. 2507        Child Nutrition
                                                       and WIC
                                                       Reauthorization
                                                       Act of 2004.
108-276        July 21, 2004           S. 15          Project BioShield
                                                       Act of 2004.
108-282        August 2, 2004          S. 741         Minor Use and
                                                       Minor Species
                                                       Animal Health Act
                                                       of 2004.
108-304        September 24, 2004      H.R. 361       Sports Agent
                                                       Responsibility
                                                       and Trust Act.
108-308        September 30, 2004      H.R. 5149      To reauthorize the
                                                       Temporary
                                                       Assistance for
                                                       Needy Families
                                                       block grant
                                                       program through
                                                       March 31, 2005,
                                                       and for other
                                                       purposes.
108-328        October 16, 2004        H.R. 2771      To amend the Safe
                                                       Drinking Water
                                                       Act to
                                                       reauthorize the
                                                       New York City
                                                       Watershed
                                                       Protection
                                                       Program.
108-336        October 18, 2004        S. 551         Southern Ute and
                                                       Colorado
                                                       Intergovernmental
                                                       Agreement
                                                       Implementation
                                                       Act of 2004.
108-343        October 18, 2004        S. 2319        Tapoco Project
                                                       Licensing Act of
                                                       2004.
108-355        October 21, 2004        S. 2634        Garrett Lee Smith
                                                       Memorial Act.
108-357        October 22, 2004        H.R. 4520      American Jobs
                                                       Creation Act of
                                                       2004.
108-358        October 22, 2004        S. 2195        Anabolic Steroid
                                                       Control Act of
                                                       2004.
108-362        October 25, 2004        H.R. 3858      Pancreatic Islet
                                                       Cell
                                                       Transplantation
                                                       Act of 2004.
108-365        October 25, 2004        H.R. 4555      Mammography
                                                       Quality Standards
                                                       Reauthorization
                                                       Act of 2004.
108-371        October 25, 2004        S. 2896        A bill to modify
                                                       and extend
                                                       certain
                                                       privatization
                                                       requirements of
                                                       the
                                                       Communications
                                                       Satellite Act of
                                                       1962.
108-375        October 28, 2004        H.R. 4200      National Defense
                                                       Authorization Act
                                                       for Fiscal Year
                                                       2005.
108-377        October 30, 2004        H.R. 2023      Asthmatic
                                                       Schoolchildren's
                                                       Treatment and
                                                       Health Management
                                                       Act of 2003.
108-406        October 30, 2004        H.R. 5131      Special Olympics
                                                       Sport and
                                                       Empowerment Act
                                                       of 2004.
108-414        October 30, 2004        S. 1194        Mentally Ill
                                                       Offender
                                                       Treatment and
                                                       Crime Reduction
                                                       Act of 2003.
108-426        November 30, 2004       H.R. 5163      Norman Y. Mineta
                                                       Research and
                                                       Special Programs
                                                       Reorganization
                                                       Act.
108-427        November 30, 2004       H.R. 5213      Research Review
                                                       Act of 2004.
108-437        December 3, 2004        S. 1146        Three Affiliated
                                                       Tribes Health
                                                       Facility
                                                       Compensation Act.
108-441        December 3, 2004        S. 2302        A bill to improve
                                                       access to
                                                       physicians in
                                                       medically
                                                       underserved
                                                       areas.
108-446        December 3, 2004        H.R. 1350      Individuals with
                                                       Disabilities
                                                       Education
                                                       Improvement Act.
108-447        December 8, 2004        H.R. 4818      Consolidated
                                                       Appropriations
                                                       Act, 2005.
108-448        December 8, 2004        S. 2618        A bill to amend
                                                       title XIX of the
                                                       Social Security
                                                       Act to extend
                                                       medicare cost-
                                                       sharing for the
                                                       medicare part B
                                                       premium for
                                                       qualifying
                                                       individuals
                                                       through September
                                                       2005.
108-458        December 17, 2004       S. 2845        9/11
                                                       Recommendations
                                                       Implementation
                                                       Act.
108-490        December 23, 2004       H.R. 5204      To amend section
                                                       340E of the
                                                       Public Health
                                                       Service Act
                                                       (relating to
                                                       children's
                                                       hospitals) to
                                                       modify provisions
                                                       regarding the
                                                       determination of
                                                       the amount of
                                                       payments for
                                                       indirect expenses
                                                       associated with
                                                       operating
                                                       approved graduate
                                                       medical residency
                                                       training
                                                       programs.
108-494        December 23, 2004       H.R. 5419      Enhance 911 Act of
                                                       2004.
------------------------------------------------------------------------

                              APPENDIX III

                                 PART A

        PRINTED HEARINGS OF THE COMMITTEE ON ENERGY AND COMMERCE
------------------------------------------------------------------------
    Serial No.           Hearing title             Hearing date(s)
------------------------------------------------------------------------
108-1               The Do Not Call List     January 8, 2003
                     Authorization (Full
                     Committee Briefing)
108-2               Assessing the Need to    February 27, 2003
                     Enact Medical
                     Liability Reform
                     (Subcommittee on
                     Health)
108-3               Health of the            February 5, 2003
                     Telecommunication
                     Sector: A Perspective
                     From Investors and
                     Economists
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-4               The Medical Liability    February 10, 2003
                     Insurance Crisis: A
                     Review of the
                     Situation in
                     Pennsylvania
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-5               Does the U.S. Olympic    March 19, 2003
                     Committee's
                     Organizational
                     Structure Impede Its
                     Mission? (Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection)
108-6               Health of the            February 26, 2003
                     Telecommunications
                     Sector: A Perspective
                     From the Commissioners
                     of the Federal
                     Communications
                     Commission
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-7               Comprehensive National   March 5, 2003, March 12,
                     Energy Policy            2003, and March 13, 2003
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-8               A Review of the          February 12, 2003
                     Administration FY2004
                     Health Care Priorities
                     (Full Committee)
108-9               South Florida's Access   March 10, 2003
                     to Affordable
                     Prescription Drugs:
                     Costs and Benefits of
                     Alternative Solutions
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-10              HIV/AIDS, TB, and        March 20, 2003
                     Malaria: Combating a
                     Global Pandemic
                     (Subcommittee on
                     Health)
108-11              Furthering Public        March 27, 2003
                     Health Security:
                     Project Bioshield
                     (Subcommittee on
                     Health, Joint hearing
                     with the Subcommittee
                     on Emergency
                     Preparedness and
                     Response of the Select
                     Committee on Homeland
                     Security)
108-12              The Commercial Spectrum  March 25, 2003
                     Enhancement Act
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-13              Investigation of         February 26, 2003 and March
                     Management Problems at   12, 2003
                     Los Alamos National
                     Laboratory
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-14              Review of the            May 1, 2003
                     University of
                     California's
                     Management Contract
                     for Los Alamos
                     National Laboratory
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-15              Travel and Tourism in    April 30, 2003
                     America Today
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-16              The Effectiveness of     March 5, 2003
                     Leaking Underground
                     Storage Tank Cleanup
                     Programs (Subcommittee
                     on Environment and
                     Hazardous Materials)
108-17              A Review of FASB Action  March 4, 2003
                     Post-Enron and
                     Worldcom (Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection)
108-18              The United Nations Oil   May 14, 2003
                     for Food Program
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-19              Trade in Services and E- May 8, 2003
                     Commerce: The
                     Significance of the
                     Singapore and Chile
                     Free Trade Agreements
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-20              SARS: Assessment,        May 7, 2003
                     Outlook, and Lessons
                     Learned (Subcommittee
                     on Oversight and
                     Investigations)
108-21              The Hydrogen Energy      May 20, 2003
                     Economy (Subcommittee
                     on Energy and Air
                     Quality)
108-22              Strengthening and        April 9, 2003
                     Improving Medicare
                     (Subcommittee on
                     Health)
108-23              The National Institutes  May 22, 2003
                     of Health: Decoding
                     our Federal Investment
                     in Genomic Research
                     (Subcommittee on
                     Health)
108-24              Medicaid Today: The      March 12, 2003
                     States' Perspective
                     (Subcommittee on
                     Health)
108-25              Designing a Twenty-      April 8, 2003
                     First Century Medicare
                     Prescription Drug
                     Benefit (Subcommittee
                     on Health)
108-26              Natural Gas Supply and   June 10, 2003
                     Demand (Full
                     Committee)
108-27              Wireless E-911           June 4, 2003
                     Implementation:
                     Progress and Remaining
                     Hurdles (Subcommittee
                     on Telecommunications
                     and the Internet)
108-28              Consumer Directed        June 5, 2003
                     Services: Improving
                     Medicaid
                     Beneficiaries' Access
                     to Quality Care
                     (Subcommittee on
                     Health)
108-29              A System Overwhelmed:    June 24, 2003
                     The Avalanche of
                     Imported, Counterfeit,
                     and Unapproved Drugs
                     Into the U.S.
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-30              Reauthorization of the   June 11, 2003
                     Federal Trade
                     Commission:
                     Positioning the
                     Commission for the
                     Twenty-First Century
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-31              Can Tobacco Cure         June 3, 2003
                     Smoking? A Review of
                     Tobacco Harm Reduction
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-32              Future Options for       June 24, 2003
                     Generation of
                     Electricity from Coal
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-33              Hearing on H.R. 382,     July 23, 2003
                     H.R. 411, and H.R 1730
                     (Subcommittee on
                     Environment and
                     Hazardous Materials)
108-34              The Spectrum Needs of    June 11, 2003
                     our Nation's First
                     Responders
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-35              Legislative Efforts to   July 9, 2003
                     Combat Spam (Joint
                     Hearing with the
                     Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection
                     and the Subcommittee
                     on Telecommunications
                     and the Internet)
108-36              Assessing Initiatives    June 3, 2003
                     to Increase Organ
                     Donations
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-37              FASB Derivative          July 22, 2003
                     Accounting Standards
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-38              NIH: Moving Research     July 10, 2003
                     from the Bench to the
                     Bedside (Subcommittee
                     on Health)
108-39              Legislative Efforts to   July 16, 2003
                     Reform the U.S.
                     Olympic Committee
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-40              The Regulatory Status    July 21, 2003
                     of Broadband Services:
                     Information Services,
                     Common Carriage, or
                     Something in Between?
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-41              Fairness to Contact      September 9, 2003
                     Lens Consumers Act
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-42              A Review of Department   July 17, 2003
                     of Energy's
                     Radioactive High-Level
                     Waste Cleanup Programs
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-43              Issues Relating to       July 23, 2003
                     Ephedra-Containing
                     Dietary Supplements
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-43              Issues Relating to       July 24, 2003
                     Ephedra-Containing
                     Dietary Supplements
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection
                     and Subcommittee on
                     Oversight and
                     Investigations)
108-44              The Health Insurance     July 17, 2003
                     Certificate Act of
                     2003 (Subcommittee on
                     Health)
108-45              The International        September 17, 2003
                     Consumer Protection
                     Act of 2003
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-46              Database and             September 23, 2003
                     Collections of
                     Information
                     Misappropriations
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection,
                     Joint Hearing with the
                     Committee on the
                     Judiciary's
                     Subcommittee on
                     Courts, the Internet
                     and Intellectual
                     Property)
108-47              E-911 Implementation     September 11, 2003
                     Act of 2003
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-48              Freddie Mac: Accounting  September 25, 2003
                     Standards Issues
                     Raised in the DOTY
                     Report (Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection)
108-49              The Future of Universal  September 24, 2003
                     Service (Subcommittee
                     on Telecommunications
                     and the Internet)
108-50              Digital Dividends and    November 19, 2003
                     other Proposals to
                     Leverage Investment in
                     Technology
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-51              E-Commerce: The Case of  October 30, 2003
                     Online Wine Sales and
                     Direct Shipment
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-52              Cybersecurity and        November 19, 2003
                     Consumer Data: What's
                     at Risk for the
                     Consumer (Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection)
108-53              The Financial Collapse   October 16, 2003
                     of Healthsouth, Part 1
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-54              Blackout 2003: How Did   September 3, 2003 and
                     it Happen and Why?       September 4, 2003
                     (Full Committee)
108-55              The Status of Methyl     June 3, 2003
                     Bromide Under the
                     Clean Air Act and the
                     Montreal Protocol
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-56              Managing Biomedical      October 2, 2003
                     Research to Prevent
                     and Cure Disease in
                     the 21st Century:
                     Matching NIH Policy
                     with Science (Full
                     Committee, Joint
                     Hearing with the
                     Senate Committee on
                     Health, Education,
                     Labor, and Pensions)
108-57              Evaluation Coordination  October 15, 2003
                     of Care in Medicaid:
                     Improving Quality and
                     Clinical Outcomes
                     (Subcommittee on
                     Health)
108-58              Challenges Facing the    October 8, 2003
                     Medicaid Program in
                     the 21st Century
                     (Subcommittee on
                     Health)
108-59              The Financial Collapse   November 5, 2003
                     of Healthsouth, Part 2
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-60              Identity Theft:          December 15, 2003
                     Assessing the Problem
                     and Efforts to Combat
                     It (Subcommittee on
                     Oversight and
                     Investigations)
108-61              Air Quality Issues in    January 12, 2004
                     the Coachella Valley
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-62              ``Bump-Up'' Policy       July 22, 2003
                     Under Title I of the
                     Clean Air Act
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-63              The Current State of     February 4, 2004
                     Competition in the
                     Communications
                     Marketplace
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-64              College Recruiting: Are  March 11, 2004
                     Student Athletes Being
                     Protected?
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-65              The Clear Skies          July 8, 2003
                     Initiative: A
                     Multipollutant
                     Approach to the Clean
                     Air Act (Subcommittee
                     on Energy and Air
                     Quality)
108-66              Computer Viruses: The    November 6, 2003
                     Disease, The
                     Detection, and the
                     Prescription for
                     Protection
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-67              ``Can You Say That on    January 28, 2004
                     TV?'': An Examination
                     of the FCC's
                     Enforcement with
                     Respect to Broadcast
                     Decency (Subcommittee
                     on Telecommunications
                     and the Internet)
108-68              The Broadcast Decency    February 11, 2004 and
                     Enforcement Act          February 26, 2004
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-69              NIH: Re-engineering      March 25, 2004
                     Clinical Research
                     (Subcommittee on
                     Health)
108-70              A Review of the          March 25, 2004
                     Department of Energy's
                     Yucca Mountain
                     Project, and Proposed
                     Legislation to Alter
                     the Nuclear Waste
                     Trust Fund
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-71              Reauthorization of the   March 18, 2004
                     National Highway
                     Traffic Safety
                     Administration
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-72              To amend the Safe        April 2, 2004
                     Drinking Water Act to
                     reauthorize the New
                     York City Watershed
                     Protection Program
                     (Subcommittee on
                     Environment and
                     Hazardous Materials)
108-73              Prescription Drug        March 4, 2004
                     Monitoring: Strategies
                     to Promote Treatment
                     and Deter Prescription
                     Drug Abuse
                     (Subcommittee on
                     Health)
108-74              U.S.-China Trade:        March 31, 2004
                     Preparations for the
                     Joint Commission on
                     Commerce and Trade
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-75              Oversight of the         March 10, 2004
                     Satellite Home Viewer
                     Improvement Act
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-76              Inter-governmental       March 18, 2004 and April 1,
                     Transfers: Violations    2004
                     of the Federal-State
                     Medicaid Partnership
                     or Legitimate State
                     Budget Tool?
                     (Subcommittee on
                     Health)
108-77              Ultradeep Water          April 29, 2004
                     Research and
                     Development: What Are
                     the Benefits?
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-78              The Satellite Home       April 1, 2004
                     Viewer Improvement
                     Reauthorization Act of
                     2004 (Subcommittee on
                     Telecommunications and
                     the Internet)
108-79              The State of U.S.        March 24, 2004
                     Industry (Full
                     Committee)
108-80              FY 2005 Budget           April 1, 2004
                     Priorities for the
                     Department of Energy
                     (Full Committee)
108-81              EPA's Resource           May 20, 2004
                     Conservation Challenge
                     (Subcommittee on
                     Environment and
                     Hazardous Materials)
108-82              Alaska Natural Gas       May 5, 2004
                     Pipeline Status Report
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-83              Regional Energy          May 19, 2004
                     Reliability and
                     Security: DOE
                     Authority to Energize
                     the Cross Sound Cable
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-84              The ``Dot Kids''         May 6, 2004
                     Internet Domain:
                     Protecting Children
                     Online (Subcommittee
                     on Telecommunications
                     and the Internet)
108-85              Competition in the       May 19, 2004
                     Communications
                     Marketplace: How
                     Convergence is
                     Blurring the Lines
                     Between Voice, Video,
                     and Data Services
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-86              Advancing the DTV        June 2, 2004
                     Transition: An
                     Examination of the FCC
                     Media Bureau Proposal
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-87              The Junk Fax Prevention  June 15, 2004
                     Act of 2004
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-88              NIH Ethics Concerns:     May 12, 2004, May 18, 2004,
                     Consulting               and June 22, 2004
                     Arrangements and
                     Outside Awards
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-89              Spyware: What You Don't  April 29, 2004
                     Know Can Hurt You
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-90              Online Pornography:      May 6, 2004
                     Closing the Doors on
                     Pervasive Smut
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-91              Supporting Our           May 18, 2004
                     Intercollegiate
                     Student-Athletes:
                     Proposed NCAA Reforms
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-92              Problems with the E-     June 17, 2004
                     rate Program: Waste,
                     Fraud, and Abuse
                     Concerns in the Wiring
                     of Our Nation's
                     Schools to the
                     Internet, Part 1
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-93              Parents Be Aware:        June 16, 2004
                     Health Concerns about
                     Dietary Supplements
                     for Overweight
                     Children (Subcommittee
                     on Oversight and
                     Investigations)
108-94              Assessing Digestive      July 8, 2004
                     Diseases Research and
                     Treatment
                     Opportunities
                     (Subcommittee on
                     Health)
108-95              Physician Fee Schedule:  May 5, 2004
                     A Review of the
                     Current Medicare
                     Payment System
                     (Subcommittee on
                     Health)
108-96              Travel, Tourism, and     June 23, 2004
                     Homeland Security:
                     Improving Both without
                     Sacrificing Either
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-97              Tapped Out? Lead in the  July 22, 2004
                     District of Columbia
                     and the Providing of
                     Safe Drinking Water
                     (Subcommittee on
                     Environment and
                     Hazardous Materials)
108-98              Protecting Homeland      June 23, 2004
                     Security: A Status
                     Report on
                     Interoperability
                     Between Public Safety
                     Communications Systems
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-99              FASB Proposals on Stock  July 8, 2004
                     Option Expensing
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-100             A Review of the          March 10, 2004
                     Administration's
                     FY2005 Health Care
                     Priorities (Full
                     Committee)
108-101             The Digital Television   July 21, 2004
                     Transition: What We
                     Can Learn From Berlin
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-102             Faster and Smarter       May 11, 2004
                     Funding for First
                     Responders Act of 2004
                     (Subcommittee on
                     Health)
108-103             Problems with the E-     July 22, 2004
                     Rate Program: Waste,
                     Fraud, and Abuse
                     Concerns in the Wiring
                     of Our Nation's
                     Schools to the
                     Internet, Part 2
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-104             Voice Over Internet      July 7, 2004
                     Protocol Services:
                     Will the Technology
                     Disrupt the Industry
                     or Will Regulation
                     Disrupt the
                     Technology?
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-105             Freddie Mac's            January 28, 2004
                     Accounting
                     Restatement: Are
                     Accounting Standards
                     Working? (Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection)
108-106             United Nations Oil for   July 8, 2004
                     Food Program
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-107             A Review of Hospital     June 24, 2004
                     Billing and
                     Collections Practices
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-108             RFID Technology: What    July 14, 2004
                     the Future Holds for
                     Commerce, Security,
                     and the Consumer
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-109             The Digital Media        May 12, 2004
                     Consumers' Right Act
                     of 2003 (Subcommittee
                     on Commerce, Trade,
                     and Consumer
                     Protection)
108-110             Competition and          July 14, 2004
                     Consumer Choice in the
                     MVPD Marketplace--
                     Including an
                     Examination of
                     Proposals to Expand
                     Consumer Choice, Such
                     as A La Carte and
                     Themed-Tiered
                     Offerings
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-111             Pipeline Safety          July 20, 2004
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-112             POPS, PIC, and LRTAP:    July 13, 2004
                     The Role of the U.S.
                     and Draft Legislation
                     to Implement these
                     International
                     Conventions
                     (Subcommittee on
                     Environment and
                     Hazardous Materials)
108-113             The Statues of the U.S.  July 15, 2004
                     Refining Industry
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-114             Implementation of the    June 25, 2005
                     Food Security
                     Provisions of the
                     Public Health Security
                     and Bioterrorism
                     Preparedness and
                     Response Act
                     (Subcommittee on
                     Health)
108-115             Law Enforcement Access   September 8, 2004
                     to Communication
                     Systems in the Digital
                     Age (Subcommittee on
                     Telecommunications and
                     the Internet)
108-116             The Effect of TV         September 13, 2004
                     Violence on Children:
                     What Policymakers Need
                     to Know (Subcommittee
                     on Telecommunications
                     and the Internet)
108-117             Keeping Seniors          September 21, 2004
                     Healthy: New
                     Perspective Benefits
                     in the Medicare
                     Modernization Act
                     (Subcommittee on
                     Health)`
108-118             Methyl Bromide: Update   July 21, 2004
                     on Achieving the
                     Requirements of the
                     Clean Air Act and the
                     Montreal Protocol
                     (Subcommittee on
                     Energy and Air
                     Quality)
108-119             Current Environmental    April 21, 2004
                     Issues Affecting the
                     Readiness of the DOD
                     (Subcommittee on
                     Energy and Air Quality
                     and Subcommittee on
                     Environment and
                     Hazardous Materials)
108-120             Repairing the 21st       September 22, 2004
                     Century Car: Is
                     Technology Locking the
                     Consumer Out?
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-121             Publication and          September 9, 2004
                     Disclosure Issues in
                     Antidepressant
                     Pediatric Clinical
                     Trials (Subcommittee
                     on Oversight and
                     Investigations)
108-122             An Examination of        September 29, 2004
                     Wireless Directory
                     Assistance Policies
                     and Programs
                     (Subcommittee on
                     Telecommunications and
                     the Internet)
108-123             Controlling Bioterror:   September 30, 2004
                     Assessing Our Nation's
                     Drinking Water
                     Security (Subcommittee
                     on Environment and
                     Hazardous Materials)
108-124             Problems with the E-     September 22, 2004
                     rate Program: Waste,
                     Fraud, and Abuse
                     Concerns in the Wiring
                     of Our Nation's
                     Schools to the
                     Internet, Part 3
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-125             FDA's Role in            September 23, 2004
                     Protecting Public
                     Health: Examining
                     FDA's Review of Safety
                     & Efficacy Concerns in
                     Anti-Depressant Use by
                     Children (Subcommittee
                     on Oversight and
                     Investigations)
108-126             Medicaid Prescription    December 7, 2004
                     Drug Reimbursement:
                     Why the Government
                     Pays Too Much
                     (Subcommittee on
                     Oversight and
                     Investigations)
108-127             Examining Professional   September 9, 2004
                     Boxing: Are Further
                     Reforms Needed?
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-128             Protecting the Privacy   September 28, 2004
                     of Consumers' Social
                     Security Number
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-129             Child Product Safety:    October 6, 2004
                     Do Current Standards
                     Provide Enough
                     Protection?
                     (Subcommittee on
                     Commerce, Trade, and
                     Consumer Protection)
108-130             Medicare Prescription    May 20, 2004
                     Drug Discount Cards:
                     Immediate Savings for
                     Seniors (Subcommittee
                     on Health)
108-131             Scientific               June 2, 2004
                     Opportunities and
                     Public Needs:
                     Balancing NIH's
                     Priority Setting
                     Process (Subcommittee
                     on Health)
108-132             Health Information       July 22, 2004
                     Technology: Improving
                     Quality and Value of
                     Patient Care
                     (Subcommittee on
                     Health)
108-133             Improving Women's        September 29, 2004
                     Health: Understanding
                     Depression After
                     Pregnancy
                     (Subcommittee on
                     Health)
108-134             Flu Vaccine: Protecting  November 18, 2004
                     High-Risk Individuals
                     and Strengthening the
                     Market (Subcommittee
                     on Health and
                     Subcommittee on
                     Oversight and
                     Investigations)
------------------------------------------------------------------------

                                 PART B


                            COMMITTEE PRINTS
------------------------------------------------------------------------
            Serial No.                             Title
------------------------------------------------------------------------
108-A                              Committee Rules.
108-B                              Compilation of Selected Acts With the
                                    Jurisdiction of the Committee on
                                    Energy and Commerce--Environmental
                                    Law, Volume 2.
108-C                              Compilation of Selected Energy-
                                    Related Legislation--Oil, Gas, and
                                    Nonnuclear Fuels.
108-D                              Compilation of Selected Acts Within
                                    the Jurisdiction of the Committee on
                                    Energy and Commerce--Communications
                                    Law.
------------------------------------------------------------------------