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                                                 Union Calendar No. 487
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105th Congress                                                   Report
  2d Session            HOUSE OF REPRESENTATIVES                105-846
_______________________________________________________________________



                        REPORT ON THE ACTIVITY

                                 OF THE

                         COMMITTEE ON COMMERCE

                                FOR THE

                       ONE HUNDRED FIFTH CONGRESS


<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

January 2, 1999.--Committed to the Committee of the Whole House on the
              State of the Union and ordered to be printed

                               --------

                    U.S. GOVERNMENT PRINTING OFFICE
53-218                     WASHINGTON : 1999

                         COMMITTEE ON COMMERCE

                       One Hundred Fifth Congress

                     TOM BLILEY, Virginia, Chairman

W.J. ``BILLY'' TAUZIN, Louisiana     JOHN D. DINGELL, Michigan
MICHAEL G. OXLEY, Ohio               HENRY A. WAXMAN, California
MICHAEL BILIRAKIS, Florida           EDWARD J. MARKEY, Massachusetts
DAN SCHAEFER, Colorado               RALPH M. HALL, Texas
JOE BARTON, Texas                    RICK BOUCHER, Virginia
J. DENNIS HASTERT, Illinois          THOMAS J. MANTON, New York
FRED UPTON, Michigan                 EDOLPHUS TOWNS, New York
CLIFF STEARNS, Florida               FRANK PALLONE, Jr., New Jersey
BILL PAXON, New York                 SHERROD BROWN, Ohio
PAUL E. GILLMOR, Ohio                BART GORDON, Tennessee
  Vice Chairman                      ELIZABETH FURSE, Oregon
JAMES C. GREENWOOD, Pennsylvania     PETER DEUTSCH, Florida
MICHAEL D. CRAPO, Idaho              BOBBY L. RUSH, Illinois
CHRISTOPHER COX, California          ANNA G. ESHOO, California
NATHAN DEAL, Georgia                 RON KLINK, Pennsylvania
STEVE LARGENT, Oklahoma              BART STUPAK, Michigan
RICHARD BURR, North Carolina         ELIOT L. ENGEL, New York
BRIAN P. BILBRAY, California         THOMAS C. SAWYER, Ohio
ED WHITFIELD, Kentucky               ALBERT R. WYNN, Maryland
GREG GANSKE, Iowa                    GENE GREEN, Texas
CHARLIE NORWOOD, Georgia             KAREN McCARTHY, Missouri
RICK WHITE, Washington               TED STRICKLAND, Ohio
TOM COBURN, Oklahoma                 DIANA DeGETTE, Colorado
RICK LAZIO, New York
BARBARA CUBIN, Wyoming
JAMES E. ROGAN, California
JOHN SHIMKUS, Illinois
HEATHER WILSON, New Mexico

                                  (ii)


                         LETTER OF TRANSMITTAL

                              ----------

                     U.S. House of Representatives,
                                     Committee on Commerce,
                                   Washington, DC, January 2, 1999.
Hon. Jeff Trandahl
Clerk,
House of Representatives
H-154 The Capitol
Washington, D.C. 20515

    Dear Mr. Trandahl: I present herewith a report on the
activity of the Committee on Commerce for the 105th Congress,
including the Committee's review and study of legislation
within its jurisdiction and the oversight activities undertaken
by the Committee.
            Sincerely,
                                              Tom Bliley, Chairman,

                                 (iii)

                            C O N T E N T S

                               __________
                                                                   Page

    Jurisdiction.................................................     1
    Rules for the Committee......................................     2
    Members and Organization.....................................    23
    Legislative and Oversight Activity...........................    29
    Full Committee...............................................    31
    Subcommittee on Telecommunications, Trade, and Consumer
      Protection.................................................    37
    Subcommittee on Finance and Hazardous Materials..............   103
    Subcommittee on Health and Environment.......................   133
    Subcommittee on Energy and Power.............................   211
    Subcommittee on Oversight and Investigations.................   261
    Oversight Plan for the 105th Congress........................   315
    Appendix I--Legislative Summary..............................   385
    Appendix II--Full Committee Membershp Changes................   387
    Appendix III--Subcommittee Membership Changes................   391
    Appendix IV--Public Laws.....................................   399
    Appendix V--Publications of the Committee....................   403

                                  (v)

                                                 Union Calendar No. 487

105th Congress                                                   Report
  2d Session            HOUSE OF REPRESENTATIVES                105-846

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


   REPORT ON THE ACTIVITY OF THE COMMITTEE ON COMMERCE FOR THE 105TH
                                CONGRESS

                                _______


January 2, 1999.--Committed to the Committee of the Whole House on the
              State of the Union and ordered to be printed

                                _______

  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

    The jurisdiction of the Committee on Commerce, as
prescribed by Clause 1(e) of Rule X of the Rules of the House,
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) Measures relating to the 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) Measures relating to the conservation of energy resources.
(8) Measures relating to energy information generally.
(9) Measures relating to (A) the generation and marketing of
        power (except by federally chartered or Federal
        regional power marketing authorities), (B) the
        reliability and interstate transmission of, and
        ratemaking for, all power, and (C) the siting of
        generation facilities; except the installation of
        interconnections between Government waterpower
        projects.
(10) Measures relating to general management of the Department
        of Energy, and the 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) Securities and exchanges.
(16) Travel and tourism.

    The Committee shall have the same jurisdiction with respect
to regulation of nuclear facilities and of use of nuclear
energy as it has with respect to regulation of nonnuclear
facilities and of use of nonnuclear energy. In addition to its
legislative jurisdiction under the preceding provisions of this
paragraph (and its general oversight functions under clause
2(b)(1)), such committee shall have the special oversight
functions provided for in clause (3)(h) with respect to all
laws, programs, and Government activities affecting nuclear and
other energy, and nonmilitary nuclear energy and research and
development including the disposal of nuclear waste.
    In addition, pursuant to clause 3(h) of Rule X of the Rules
of the House, the Committee on Commerce shall have the function
of reviewing and studying, on a continuing basis, all laws,
programs and government activities relating to nuclear and
other energy, and nonmilitary nuclear energy and research and
development including the disposal of nuclear waste.

  Rules for the Committee on Commerce, U.S. House of Representatives,
                             105th Congress

Rule 1. General Provisions.
    (a) Rules of the Committee. The Rules of the House are the
rules of the Committee on 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, are nondebatable
motions of high privilege 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)(1) 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.
    (2) Special Meetings. Special meetings shall be called and
convened as provided in clause 2(c)(2) of Rule XI of the Rules
of the House.
    (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. 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. This paragraph
does not apply to those special cases provided in the Rules of
the House where closed sessions are otherwise provided.
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, for each witness appearing in a non-
governmental capacity, such written testimony required under
paragraph (1) 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.
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. Prohibition Against Proxy Voting.
    No vote by any member of the Committee or a subcommittee
with respect to any measure or matter may be cast by proxy.
Rule 8. 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) Rollcalls. 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 rollcall 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
rollcall 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 XXXVI of the
Rules of the House. The chairman shall notify the ranking
minority member of any decision, pursuant to clause 3 (b)(3) or
clause 4 (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 9. Committee Reports.
    (a) Supplemental, Minority, and Additional Views. If, at
the time of approval of any measure or matter by the Committee,
any member or members of the Committee should give notice of an
intention to file supplemental, minority, or additional views,
that member shall be entitled to not less than two subsequent
calendar days (exclusive of Saturdays, Sundays, and legal
holidays except when the House is in session on such days) in
which to file such views in writing and signed by that member
or members with the Committee. All such views so filed shall be
included within and shall be part of the report filed by the
Committee with respect to that measure or matter.
    (b) Investigative and Oversight Reports. A proposed
investigative or oversight report shall be considered as read
if it has been available to the members of the Committee for at
least 24 hours (excluding Saturdays, Sundays, and legal
holidays except when the House is in session on such days).
    (c) Filing of Investigative and Oversight Reports. After
the adjournment of the last regular session of a Congress sine
die, an investigative or oversight report may be filed with the
Clerk of the House at any time, provided that if a member gives
timely notice of intention to file supplemental, minority, or
additional views, that member shall be entitled to not less
than seven calendar days in which to submit such views for
inclusion with the report.
    (d) Activity Reports. After an adjournment of the last
regular session of a Congress sine die, the chairman of the
Committee may file at any time with the Clerk of the House the
Committee's activity report for that Congress pursuant to
clause 1(d)(1) of Rule XI of the Rules of the House without the
approval of the Committee, provided that a copy of the report
has been available to each member of the Committee for at least
seven calendar days and the report includes any supplemental,
minority, or additional views submitted by a member of the
Committee.
Rule 10. 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 11. 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
wherever possible.
Rule 12. 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, 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 13. 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 14. Subcommittee Membership.
    (a) Majority Party Membership. The majority party members
of the standing subcommittees shall be selected by a process
determined by the majority party members. The selection of
majority party members of the standing subcommittees shall be
conducted at a meeting of the majority party caucus of the
Committee held prior to any organizational meeting of the
Committee.
    (b) Minority Party Membership. The minority party members
of the standing subcommittees shall be selected by a process
determined by the minority party members. The selection of
minority party members of the standing subcommittees shall be
conducted prior to any organizational meeting of the Committee.
    (c) 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 15. Subcommittee Chairmen.
    (a) Chairman's Nominations. The chairman shall nominate a
slate of chairmen for the standing subcommittees. The
chairman's slate shall be subject to approval by a majority of
the majority party caucus of the Committee. If the chairman's
initial slate is not approved by a majority, the chairman shall
present an alternative slate of nominations until a slate is
approved by a majority of the majority party caucus.
    (b) 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 16. 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 6 of Rule XI 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 6 of Rule XI 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 6 of Rule XI of
the House of Representatives, the chairman of the Committee
shall be entitled to make such appointments to the professional
and clerical staff of the Committee as may be provided within
the budget approved for such purposes by the Committee. Such
appointee shall be assigned to such business of the full
Committee as the chairman of the Committee considers advisable.
    (d) Sufficient Staff. The chairman shall ensure that
sufficient staff is made available to each subcommittee to
carry out its responsibilities under the rules of the
Committee.
    (e) Fair Treatment of Minority Members in Appointment of
Committee Staff. The chairman shall ensure that the minority
members of the Committee are treated fairly in appointment of
Committee staff.
    (f) Contracts for Temporary or Intermittent Services. Any
contract for the temporary services or intermittent service of
individual consultants or organizations to make studies or
advise the Committee or its subcommittees with respect to any
matter within their jurisdiction shall be deemed to have been
approved by a majority of the members of the Committee if
approved by the chairman and ranking minority member of the
Committee. Such approval shall not be deemed to have been given
if at least one-third of the members of the Committee request
in writing that the Committee formally act on such a contract,
if the request is made within 10 days after the latest date on
which such chairman or chairmen, and such ranking minority
member or members, approve such contract.
Rule 17. Supervision, Duties of Staff.
    (a) Supervision of Majority Staff. The professional and
clerical staff of the Committee not delegated 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 18. 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 105th 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 Oversight 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 Oversight, 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 19. 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 Rule XI, clause 3,
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 20. 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 21. 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 voting of the Committee
or subcommittee (as the case may be), 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 22. Travel of Members and Staff.
    (a) Approval of Travel. Consistent with the primary expense
resolution and the additional expense resolutions as may have
been approved, the provisions of this rule shall govern travel
of Committee members and staff. 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 representation by
the ranking minority member in writing setting forth those
items enumerated in (1), (2), (3), and (4) of paragraph (a).

 Rule XI, Clauses 2 and 3 of the Rules of the House of Representatives
                         for the 105th Congress

                            january 1, 1998

               RULE XI: RULES OF PROCEDURE FOR COMMITTEES

                       Clause 2: Committee Rules

Adoption of written rules
    2. (a) Each standing committee of the House shall adopt
written rules governing its procedure. Such rules--

(1) shall be adopted in a meeting which is open to the public
        unless the committee, in open session and with a quorum
        present, determined by rollcall vote that all or part
        of the meeting on that day is to be closed to the
        public;
(2) shall be not inconsistent with the Rules of the House or
        with those provisions of law having the force and
        effect of Rules of the House; and
(3) shall in any event incorporate all of the succeeding
        provisions of this clause to the extent applicable.
Each committee's rules specifying its regular meeting days, and
any other rules of a committee which are in addition to the
provisions of this clause, shall be published in the
Congressional Record not later than thirty days after the
committee is elected in each odd-numbered year. Each select or
joint committee shall comply with the provisions of this
paragraph unless specifically prohibited by law.
Regular meeting days
    (b) Each standing committee of the House shall adopt
regular meeting days, which shall be not less frequent than
monthly, for the conduct of its business. Each such committee
shall meet, for the consideration of any bill or resolution
pending before the committee or for 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 or she considers necessary, additional meetings
of the committee for the consideration of any bill or
resolution pending before the committee or for the conduct of
other committee business. The committee shall meet for such
purpose pursuant to that call of the chairman.
    (2) If at least three members of any standing committee
desire that a special meeting of the committee be called by the
chairman, those members may file in the offices of the
committee their written request to the chairman for that
special meeting. 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, within three calendar days
after the filing of the request, the chairman does not call the
requested special meeting, 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, specifying the date and hour of, and the measure or
matter to be considered at, that special meeting. 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; and only the measure or matter specified in
that notice may be considered at that special meeting.
Vice chairman or ranking majority member to preside in absence of
        chairman
    (d) A member of the majority party on any standing
committee or subcommittee thereof designated by the chairman of
the full committee shall be vice chairman of the committee or
subcommittee, as the case may be, and shall preside at any
meeting during the temporary absence of the chairman. If the
chairman and vice chairman of the committee or subcommittee are
not present at any meeting of the committee or subcommittee,
the ranking member of the majority party who is present shall
preside at that meeting.
Committee records
    (e)(1) Each committee shall keep a complete record of all
committee action which shall include--

(A) in the case of any 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
(B) a record of the votes on any question on which a rollcall
        vote is demanded. The result of each such rollcall vote
        shall be made available by the committee for inspection
        by the public at reasonable times in the offices of the
        committee. Information so available for public
        inspection shall include a description of the
        amendment, motion, order, or other proposition and the
        name of each Member voting for and each Member voting
        against such amendment, motion, order, or proposition,
        and the names of those Members present but not voting.
    (2) All committee hearings, records, data, charts, and
files shall be kept separate and distinct from the
congressional office records of the Member serving as chairman
of the committee; and such records shall be the property of the
House and all Members of the House shall have access thereto,
except that in the case of records in the Committee on
Standards of Official Conduct respecting the conduct of any
Member, officer, or employee of the House, no Member of the
House (other than a member of such committee) shall have access
thereto without the specific, prior approval of the 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 XXXVI. Such standards
shall specify procedures for orders of the committee under
clause 3(b)(3) and clause 4(b) of rule XXXVI, 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, to the maximum extent feasible,
make its publications available in electronic form.
Prohibition against proxy voting
    (f) No vote by any member of any committee or subcommittee
with respect to any measure or matter may be cast by proxy.
Open meetings and hearings
    (g)(1) Each meeting for the transaction of business,
including the markup of legislation, of each standing committee
or subcommittee thereof (except the Committee on Standards of
Official Conduct) shall be open to the public, including to
radio, television, and still photography coverage, except as
provided by clause 3(f)(2), except when the committee or
subcommittee, in open session and with a majority present,
determines by rollcall vote that all or part of the remainder
of the meeting on that day shall be closed to the public
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 any law or rule of the
House: Provided, however, That no person other than members of
the committee and such congressional staff and such
departmental representatives as they may authorize shall be
present at any business or markup session which has been closed
to the public. This paragraph does not apply to open committee
hearings which are provided for by clause 4(a)(1) of rule X or
by subparagraph (2) of this paragraph.
    (2) Each hearing conducted by each committee or
subcommittee thereof (except the Committee on Standards of
Official Conduct) 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 rollcall 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 the national security,
would compromise sensitive law enforcement information, or
would violate any law or rule of the House of Representatives.
Notwithstanding the requirements of the preceding sentence, a
majority of those present, there being in attendance the
requisite number required under the rules of the committee to
be present for the purpose of taking testimony,
        (A) may vote to close the hearing for the sole purpose
        of discussing whether testimony or evidence to be
        received would endanger the national security, would
        compromise sensitive law enforcement information, or
        violate clause 2(k)(5) of rule XI; or
        (B) may vote to close the hearing, as provided in
        clause 2(k)(5) of rule XI.
No Member may be excluded from nonparticipatory attendance at
any hearing of any committee or subcommittee, with the
exception of the Committee on Standards of Official Conduct,
unless the House of Representatives shall by majority vote
authorize 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 by the same procedures designated
in this subparagraph for closing hearings to the public:
Provided, however, That the committee or subcommittee may by
the same procedure vote to close one subsequent day of hearing
except that the Committee on Appropriations, the Committee on
National Security, and the Permanent Select Committee on
Intelligence and the subcommittees therein may, by the same
procedure, vote to close up to five additional consecutive days
of hearings.
    (3) The chairman of each committee of the House (except the
Committee on Rules) shall make public announcement of the date,
place, and subject matter of any 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 there is good cause to begin the hearing
sooner, or if the committee so determines by majority vote, a
quorum being present for the transaction of business, the
chairman shall make the announcement at the earliest possible
date. Any announcement made under this subparagraph shall be
promptly published in the Daily Digest and promptly entered
into the committee scheduling service of House Information
Resources.
    (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 oral 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 any 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) No point of order shall lie with respect to any measure
reported by any committee on the ground that hearings on such
measure were not conducted in accordance with the provisions of
this clause; except that a point of order on that ground may be
made by any member of the committee which reported the measure
if, in the committee, such point of order was (A) timely made
and (B) improperly overruled or not properly considered.
    (6) The preceding provisions of this paragraph do not apply
to the committee hearings which are provided for by clause
4(a)(1) of rule X.
Quorum for taking testimony and certain other action
    (h)(1) Each committee may fix the number of its members to
constitute a quorum for taking testimony and receiving evidence
which shall be not less than two.
    (2) Each committee (except 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 the reporting of a measure or
recommendation which shall be not less than one-third of the
members.
Limitation on committees' sittings
    (i) No committee of the House may 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 interrogation of witnesses
    (j)(1) Whenever any hearing is conducted by any committee
upon any measure or matter, the minority party members on 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 in the interrogation of
witnesses in any 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 an
equal number of its majority and minority party members each to
question a witness for a specified period not longer than 30
minutes.
    (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.
Investigative hearing procedures
    (k)(1) The chairman at an investigative hearing shall
announce in an opening statement the subject of the
investigation.
    (2) A copy of the committee rules and this clause shall be
made available to each witness.
    (3) Witnesses at investigative 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 that the evidence or testimony
at an investigatory hearing may tend to defame, degrade, or
incriminate any person,
          (A) such testimony or evidence shall be presented in
        executive session, notwithstanding the provisions of
        clause 2(g)(2) of this rule, if by a majority of those
        present, there being in attendance the requisite number
        required under the rules of the committee to be present
        for the purpose of taking testimony, the committee
        determines 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) No evidence or testimony taken in executive session may
be released or used in public sessions without the consent of
the committee.
    (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
pertinency 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.
Committee procedures for reporting bills and resolutions
    (l)(1)(A) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly to the
House any measure approved by the committee and to take or
cause to be taken necessary steps to bring a matter to a vote.
    (B) In any event, the report of any committee on a measure
which 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 there has been filed
with the clerk of the committee a written request, signed by a
majority of the members of the committee, for the reporting of
that measure. Upon the filing of any such request, the clerk of
the committee shall transmit immediately to the chairman of the
committee notice of the filing of that request. This
subdivision does not apply to a report of the Committee on
Rules with respect to the rules, joint rules, or order of
business of the House or to the reporting of a resolution of
inquiry addressed to the head of an executive department.
    (2)(A) No measure or recommendation shall be reported from
any committee unless a majority of the committee was actually
present.
    (B) With respect to each rollcall vote on a motion to
report any measure or matter of a public character, and on any
amendment offered to the measure or matter, the total number of
votes cast for and against, and the names of those members
voting for and against, shall be included in the committee
report on the measure or matter. The preceding sentence shall
not apply to votes taken in executive session by the Committee
on Standards of Official Conduct.
    (3) The report of any committee on a measure which has been
approved by the committee shall include (A) the oversight
findings and recommendations required pursuant to clause
2(b)(1) of rule X separately set out and clearly identified;
(B) the statement required by section 308(a)(1) of the
Congressional Budget Act of l974, separately set out and
clearly identified, if the measure provides new budget
authority (other than continuing appropriations), new
entitlement authority as defined in section 3(9) of such Act,
new credit authority, or an increase or decrease in revenues or
tax expenditures, except that the estimates with respect to new
budget authority shall include, when practicable, a comparison
of the total estimated funding level for the relevant program
(or programs) to the appropriate levels under current law; (C)
the estimate and comparison prepared by the Director of the
Congressional Budget Office under section 402 of such Act,
separately set out and clearly identified, whenever the
Director (if timely submitted prior to the filing of the
report) has submitted such estimate and comparison to the
committee; and (D) a summary of the oversight findings and
recommendations made by the Committee on Government Reform and
Oversight under clause 4(c)(2) of rule X separately set out and
clearly identified whenever such findings and recommendations
have been submitted to the legislative committee in a timely
fashion to allow an opportunity to consider such findings and
recommendations during the committee's deliberations on the
measure.
    (4) Each report of a committee on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the law proposed by the bill or joint
resolution.
    (5) If, at the time of approval of any measure or matter by
any committee, other than the Committee on Rules, any member of
the committee gives notice of intention to file supplemental,
minority, or additional views, that member shall be entitled to
not less than two additional calendar days after the day of
such notice (excluding Saturdays, Sundays, or legal holidays
except when the House is in session on such a day) in which to
file such views, in writing and signed by that member, with the
clerk of the committee. All such views so filed by one or more
members of the committee shall be included within, and shall be
a part of, the report filed by the committee with respect to
that measure or matter. When time guaranteed by this
subparagraph 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. The report of the committee upon that
measure or matter shall be printed in a single volume which--
          (A) shall include all supplemental, minority, or
        additional views which have been submitted by the time
        of the filing of the report, and
          (B) shall bear upon its cover a recital that any such
        supplemental, minority, or additional views (and any
        material submitted under subdivisions (C) and (D) of
        subparagraph (3)) are included as part of the report.
    This subparagraph does not preclude--
          (i) the immediate filing or printing of a committee
        report unless timely request for the opportunity to
        file supplemental, minority, or additional views has
        been made as provided by this subparagraph; or
          (ii) the filing by any such committee of any
        supplemental report upon any measure or matter which
        may be required for the correction of any technical
        error in a previous report made by that committee upon
        that measure or matter.
    (6) A measure or matter reported by any committee (except
the Committee on Rules in the case of a resolution making in
order the consideration of a bill, resolution, or other order
of business), shall not be considered in the House until the
third calendar day (excluding Saturdays, Sundays, or legal
holidays except when the House is in session on such a day) on
which the report of that committee upon that measure or matter
has been available to the Members of the House, Provided,
however, That it shall always be in order to call up for
consideration, notwithstanding the provisions of clause 4(b) of
rule XI, a report from the Committee on Rules specifically
providing for the consideration of a reported measure or matter
notwithstanding this restriction. If hearings have been held on
any such measure or matter so reported, the committee reporting
the measure or matter shall make every reasonable effort to
have such hearings printed and available for distribution to
the Members of the House prior to the consideration of such
measure or matter in the House. This subparagraph shall not
apply to--
          (A) any measure for the declaration of war, or the
        declaration of a national emergency, by the Congress;
        or
          (B) any decision, determination, or action by a
        Government agency which would become or continue to be,
        effective unless disapproved or otherwise invalidated
        by one or both Houses of Congress.
For the purposes of the preceding sentence, a 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.
    (7) If, within seven calendar days after a measure has, by
resolution, been made in order for consideration by the House,
no motion has been offered that the House consider that
measure, any member of the committee which reported that
measure may be recognized in the discretion of the Speaker to
offer a motion that the House shall consider that measure, if
that committee has duly authorized that member to offer that
motion.
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 5 of rule X), any committee, or any
subcommittee thereof, is authorized (subject to subparagraph
(2)(A) of this paragraph)--
          (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,
        and
          (B) to require, by subpoena or otherwise, the
        attendance and testimony of such witnesses and the
        production of such books, records, correspondence,
        memorandums, papers, and documents as it deems
        necessary.
The chairman of the committee, or any member designated by such
chairman, may administer oaths to any witness.
    (2)(A) A subpoena may be authorized and issued by a
committee or subcommittee under subparagraph (1)(B) in the
conduct of any investigation or series of investigations or
activities, only when authorized by a majority of the members
voting, a majority being present. The power to authorize and
issue subpoenas under subparagraph (1)(B) may be delegated to
the chairman of the committee pursuant to such rules and under
such limitations as the committee may prescribe. Authorized
subpoenas shall be signed by the chairman of the committee or
by any member designated by the committee.
    (B) Compliance with any subpoena issued by a committee or
subcommittee under subparagraph (1)(B) may be enforced only as
authorized or directed by the House.
Use of committee funds for travel
    (n)(1) Funds authorized for a committee under clause 5 are
for expenses incurred in the committee's activities; however,
local currencies owned by the United States shall be made
available to the committee and its employees engaged in
carrying out their official duties outside the United States,
its territories or possessions. No appropriated funds,
including those authorized under clause 5, shall be expended
for the purpose of defraying expenses of members of the
committee or its employees in any country where local
currencies are available for this purpose; and the following
conditions shall apply with respect to travel outside the
United States or its territories or possessions:
          (A) No member or employee of the committee shall
        receive or expend local currencies for subsistence in
        any country for any day at a rate in excess of the
        maximum per diem set forth in applicable Federal law,
        or if the Member or employee is reimbursed for any
        expenses for such day, then the lesser of the per diem
        or the actual, unreimbursed expenses (other than for
        transportation) incurred by the Member or employee
        during that day.
          (B) Each member or employee of the committee shall
        make to the chairman of the committee an itemized
        report showing the dates each country was visited, the
        amount of per diem furnished, the cost of
        transportation furnished, any funds expended for any
        other official purpose and shall summarize in these
        categories the total foreign currencies and/or
        appropriated funds expended. All such individual
        reports shall be filed no later than sixty days
        following the completion of travel with the chairman of
        the committee for use in complying with reporting
        requirements in applicable Federal law and shall be
        open for public inspection.
    (2) In carrying out the committee's activities outside of
the United States in any country where local currencies are
unavailable, a member or employee of the committee may not
receive reimbursement for expenses (other than for
transportation) in excess of the maximum per diem set forth in
applicable Federal law, or if the member or employee is
reimbursed for any expenses for such day, then the lesser of
the per diem or the actual unreimbursed expenses (other than
for transportation) incurred, by the member or employee during
any day.
    (3) A member or employee of a committee may not receive
reimbursement for the cost of any transportation in connection
with travel outside of the United States unless the member or
employee has actually paid for the transportation.
    (4) The restrictions respecting travel outside of the
United States set forth in subparagraphs (2) and (3) shall also
apply to travel outside of the United States by Members,
officers, and employees of the House authorized under clause 8
of rule I, clause 1(b) of this rule, or any other provision of
these Rules of the House of Representatives.
    (5) No local currencies owned by the United States may be
made available under this paragraph for the use outside of the
United States for defraying the expenses of a member of any
committee after--
          (A) the date of the general election of Members in
        which the Member has not been elected to the succeeding
        Congress; or
          (B) in the case of a Member who is not a candidate in
        such general election, the earlier of the date of such
        general election or the adjournment sine die of the
        last regular session of the Congress.

       Clause 3: Broadcasting of Committee Hearings and Meetings

    3. (a) It is the purpose of this clause to provide a means,
in conformity with acceptable standards of dignity, propriety,
and decorum, by which committee hearings, or committee
meetings, which are open to the public may be covered, by
television broadcast, radio broadcast, and still photography,
or by any of such methods of coverage--
          (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
        of the United States as an organ 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 shall 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
television broadcast, radio broadcast, and still photography,
or by any of such methods of coverage, 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 shall 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 any Member or bring the House, the
        committee, or any Member into disrepute.
    (d) The coverage of committee hearings and meetings by
television broadcast, radio broadcast, or still photography
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 any
committee or subcommittee of the House is open to the public,
those proceedings shall be open to coverage by television,
radio, and still photography, except as provided in paragraph
(f)(2). 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 of the House shall adopt written rules
to govern its implementation of this clause. Such rules shall
include provisions to the following effect:
          (1) If the television or radio 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 of 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 any 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 shall not be placed in positions which
        obstruct unnecessarily the coverage of the hearing or
        meeting by the other media.
          (5) Equipment necessary for coverage by the
        television and radio media shall not be installed in,
        or removed from, the hearing or meeting room while the
        committee is in session.
          (6) Floodlights, spotlights, strobelights, and
        flashguns shall not be used in providing any method of
        coverage of the hearing or meeting, except that the
        television media may install additional lighting in the
        hearing or meeting room, without cost to the
        Government, in order to raise the ambient lighting
        level in the hearing or meeting room to the lowest
        level necessary to provide adequate television coverage
        of the hearing or meeting at the then 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 the hearing or meeting by still
        photography, that coverage shall be made on the basis
        of a fair and equitable pool arrangement devised by the
        Standing Committee of Press Photographers.
          (8) Photographers shall not position themselves, at
        any time during the course of the hearing or meeting,
        between the witness table and the members of the
        committee.
          (9) Photographers shall not place themselves in
        positions which obstruct unnecessarily the coverage of
        the hearing by the other media.
          (10) Personnel providing coverage by the television
        and radio media shall be then currently accredited to
        the Radio and Television Correspondents' Galleries.
          (11) Personnel providing coverage by still
        photography shall be then 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.

        MEMBERSHIP AND ORGANIZATION OF THE COMMITTEE ON COMMERCE

                       ONE HUNDRED FIFTH CONGRESS

                             (Ratio: 28-23)

                     TOM BLILEY, Virginia, Chairman

W.J. ``BILLY'' TAUZIN, Louisiana     JOHN D. DiNGELL, Michigan
MICHAEL G. OXLEY, Ohio               HENRY A. WAXMAN, California
MICHAEL BILIRAKIS, Florida           EDWARD J. MARKEY, Massachusetts
DAN SCHAEFER, Colorado               RALPH M. HALL, Texas
JOE BARTON, Texas                    RICK BOUCHER, Virginia
J. DENNIS HASTERT, Illinois          THOMAS J. MANTON, New York
FRED UPTON, Michigan                 EDOLPHUS TOWNS, New York
CLIFF STEARNS, Florida               FRANK PALLONE, Jr., New Jersey \1\
BILL PAXON, New York                 SHERROD BROWN, Ohio
PAUL E. GILLMOR, Ohio                BART GORDON, Tennessee
  Vice Chairman                      ELIZABETH FURSE, Oregon
JAMES C. GREENWOOD, Pennsylvania     PETER DEUTSCH, Florida
MICHAEL D. CRAPO, Idaho              BOBBY L. RUSH, Illinois
CHRISTOPHER COX, California          ANNA G. ESHOO, California
NATHAN DEAL, Georgia                 RON KLINK, Pennsylvania
STEVE LARGENT, Oklahoma              BART STUPAK, Michigan
RICHARD BURR, North Carolina         ELIOT L. ENGEL, New York
BRIAN P. BILBRAY, California         THOMAS C. SAWYER, Ohio
ED WHITFIELD, Kentucky               ALBERT R. WYNN, Maryland
GREG GANSKE, Iowa                    GENE GREEN, Texas
CHARLIE NORWOOD, Georgia             KAREN McCARTHY, Missouri
RICK WHITE, Washington               TED STRICKLAND, Ohio
TOM COBURN, Oklahoma                 DIANA DeGETTE, Colorado
RICK LAZIO, New York
BARBARA CUBIN, Wyoming
JAMES E. ROGAN, California
JOHN SHIMKUS, Illinois
HEATHER WILSON, New Mexico \2\
                               __________
*Representative Bill Richardson (D-NM) resigned as a Member of the
House of Representatives on February 13, 1997; he was subsequently
sworn in as the United States Ambassador to the United Nations on that
same date.
\1\ Representative Frank Pallone, Jr. (D-NJ) was elected to the
Committee on Commerce for the 105th Congress on February 13, 1997,
pursuant to H. Res. 58, which passed the House on February 13, 1997.
Previously, Mr. Pallone had been on sabbatical leave from the Committee
since the beginning of the 105th Congress.
**Representative Scott L. Klug (R-WI) resigned as a Member of the
Committee on Commerce on August 3, 1998.
\2\ Representative Heather Wilson (R-NM) was elected to the Committee
on Commerce for the 105th Congress on August 3, 1998, pursuant to H.
Res. 515, which passed the House on August 3, 1998.

               SUBCOMMITTEE MEMBERSHIPS AND JURISDICTION

   Subcommittee on Telecommunications, Trade, and Consumer Protection

                             (Ratio: 16-13)

               W.J. ``BILLY'' TAUZIN, Louisiana, Chairman

MICHAEL G. OXLEY, Ohio               EDWARD J. MARKEY, Massachusetts
  Vice Chairman                      RICK BOUCHER, Virginia
DAN SCHAEFER, Colorado               BART GORDON, Tennessee
JOE BARTON, Texas                    ELIOT L. ENGEL, New York
J. DENNIS HASTERT, Illinois          THOMAS C. SAWYER, Ohio
FRED UPTON, Michigan                 THOMAS J. MANTON, New York
CLIFF STEARNS, Florida               BOBBY L. RUSH, Illinois
PAUL E. GILLMOR, Ohio                ANNA G. ESHOO, California
CHRISTOPHER COX, California          RON KLINK, Pennsylvania
NATHAN DEAL, Georgia                 ALBERT R. WYNN, Maryland
STEVE LARGENT, Oklahoma              GENE GREEN, Texas
RICK WHITE, Washington               KAREN McCARTHY, Missouri
JAMES E. ROGAN, California           JOHN D. DINGELL, Michigan
JOHN SHIMKUS, Illinois                 (Ex Officio)
HEATHER WILSON, New Mexico
TOM BLILEY, Virginia
  (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; interstate
and foreign commerce, including trade matters within the jurisdiction
of the full committee; regulation of commercial practices (the FTC);
consumer affairs and consumer protection in general; consumer product
safety (the CPSC); product liability; and motor vehicle safety.

            Subcommittee on Finance and Hazardous Materials

                             (Ratio: 15-12)

                    MICHAEL G. OXLEY, Ohio, Chairman

W.J. ``BILLY'' TAUZIN, Louisiana     THOMAS J. MANTON, New York
  Vice Chairman                      BART STUPAK, Michigan
BILL PAXON, New York                 ELIOT L. ENGEL, New York
PAUL E. GILLMOR, Ohio                THOMAS C. SAWYER, Ohio
JAMES C. GREENWOOD, Pennsylvania     TED STRICKLAND, Ohio
MICHAEL D. CRAPO, Idaho              DIANA DeGETTE, Colorado
NATHAN DEAL, Georgia                 EDWARD J. MARKEY, Massachusetts
STEVE LARGENT, Oklahoma              RALPH M. HALL, Texas
BRIAN P. BILBRAY, California         EDOLPHUS TOWNS, New York
GREG GANSKE, Iowa                    FRANK PALLONE, Jr., New Jersey
RICK WHITE, Washington               ELIZABETH FURSE, Oregon
RICK LAZIO, New York                 JOHN D. DINGELL, Michigan
BARBARA CUBIN, Wyoming                 (Ex Officio)
HEATHER WILSON, New Mexico
TOM BLILEY, Virginia
  (Ex Officio)

Jurisdiction: Securities, exchanges, and finance; solid waste,
hazardous waste and toxic substances, including Superfund and RCRA
(excluding mining, oil, gas, and coal combustion wastes); noise
pollution control; insurance, except health insurance; and regulation
of travel, tourism, and time.

                 Subcommittee on Health and Environment

                             (Ratio: 16-13)

                  MICHAEL BILIRAKIS, Florida, Chairman

J. DENNIS HASTERT, Illinois          SHERROD BROWN, Ohio
  Vice Chairman                      HENRY A. WAXMAN, California
JOE BARTON, Texas                    EDOLPHUS TOWNS, New York
FRED UPTON, Michigan                 FRANK PALLONE, Jr., New Jersey
JAMES C. GREENWOOD, Pennsylvania     PETER DEUTSCH, Florida
CLIFF STEARNS, Florida               ANNA G. ESHOO, California
NATHAN DEAL, Georgia                 BART STUPAK, Michigan
RICHARD BURR, North Carolina         GENE GREEN, Texas
BRIAN P. BILBRAY, California         TED STRICKLAND, Ohio
ED WHITFIELD, Kentucky               DIANA DeGETTE, Colorado
GREG GANSKE, Iowa                    RALPH M. HALL, Texas
CHARLIE NORWOOD, Georgia             ELIZABETH FURSE, Oregon
TOM COBURN, Oklahoma                 JOHN D. DINGELL, Michigan
RICK LAZIO, New York                   (Ex Officio)
BARBARA CUBIN, Wyoming
TOM BLILEY, Virginia
  (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; drug abuse; and Clean Air Act and environmental protection in
general, including the Safe Drinking Water Act.

                    Subcommittee on Energy and Power

                             (Ratio: 16-13)

                    DAN SCHAEFER, Colorado, Chairman

MICHAEL D. CRAPO, Idaho              RALPH M. HALL, Texas
  Vice Chairman                      ELIZABETH FURSE, Oregon
MICHAEL BILIRAKIS, Florida           BOBBY L. RUSH, Illinois
J. DENNIS HASTERT, Illinois          KAREN McCARTHY, Missouri
FRED UPTON, Michigan                 ALBERT R. WYNN, Maryland
CLIFF STEARNS, Florida               EDWARD J. MARKEY, Massachusetts
BILL PAXON, New York                 RICK BOUCHER, Virginia
STEVE LARGENT, Oklahoma              EDOLPHUS TOWNS, New York
RICHARD BURR, North Carolina         FRANK PALLONE, Jr., New Jersey
ED WHITFIELD, Kentucky               SHERROD BROWN, Ohio
CHARLIE NORWOOD, Georgia             BART GORDON, Tennessee
RICK WHITE, Washington               PETER DEUTSCH, Florida
TOM COBURN, Oklahoma                 JOHN D. DINGELL, Michigan
JAMES E. ROGAN, California             (Ex Officio)
JOHN SHIMKUS, Illinois
TOM BLILEY, Virginia
  (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; mining, oil, gas, and coal combustion wastes;
and all laws, programs, and government activities affecting such
matters.

              Subcommittee on Oversight and Investigations

                              (Ratio: 9-7)

                      JOE BARTON, Texas, Chairman

CHRISTOPHER COX, California          RON KLINK, Pennsylvania
  Vice Chairman                      HENRY A. WAXMAN, California
JAMES C. GREENWOOD, Pennsylvania     PETER DEUTSCH, Florida
MICHAEL D. CRAPO, Idaho              BART STUPAK, Michigan
RICHARD BURR, North Carolina         ELIOT L. ENGEL, New York
BRIAN P. BILBRAY, California         THOMAS C. SAWYER, Ohio
GREG GANSKE, Iowa                    JOHN D. DINGELL, Michigan
TOM COBURN, Oklahoma                   (Ex Officio)
TOM BLILEY, Virginia
  (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

                   James E. Derderian, Chief of Staff

                Curry Ann Hagerty, Deputy Chief of Staff

                   James D. Barnette, General Counsel

                    Hugh N. Halpern, Parliamentarian

          Ramsen Vincent Betfarhad, Counsel, Economic Advisor

                    Nicole Billman, Staff Assistant

             Daniel Tyler Boston, Professional Staff Member

               Elizabeth (Betsy) Brennan, Staff Assistant

                Marie Burns, Administrative Coordinator

                       Dwight Cates, Investigator

                       David L. Cavicke, Counsel

                 John C. Clocker, Systems Administrator

                     Kevin V. Cook, Science Advisor

                 John Penn Crawford, Legislative Clerk

                        Thomas DiLenge, Counsel

               A. Elizabeth Eichberger, Legislative Clerk

                 David M. Fish, Communications Director

                Michael P. Flood, Jr., Legislative Clerk

                    Jason C. Foster, Staff Assistant

                Gabriele A. Glynn, Personnel Specialist

                       Robert M. Gordon, Counsel

          Christina K. Gungoll, Deputy Communications Director

                  Anthony B. Habib, Legislative Clerk

                       Edward D. Hearst, Counsel

                       Andre Dale Hollis, Counsel

                      Joseph T. Kelliher, Counsel

                      Nandan Kenkeremath, Counsel

                     Andrew Parker Leyden, Counsel

                     Justin Weaver Lilley, Counsel

                        Eric Rowen Link, Counsel

                      David Luca, Staff Assistant

                        John R. Manthei, Counsel

                 Brian McCullough, Legislative Analyst

              Darlene G. McMullen, Chief Legislative Clerk

                       Robert J. Meyers, Counsel

              Michael O'Rielly, Professional Staff Member

    Mark A. Paoletta, Chief Counsel for Oversight and Investigations

                     Patricia J. Paoletta, Counsel

                   Joseph P. Patterson, Jr., Printer

               Clifford M. Riccio, Jr., Legislative Clerk

                       Linda Dallas Rich, Counsel

                  Amit Sachdev, Environmental Counsel

                   Donn J. Salvosa, Legislative Clerk

                      Jason Scism, Staff Assistant

               Paul G. Scolese, Professional Staff Member

               Peter V. Sheffield, Media Relations Clerk

                  Robert E. Simison, Legislative Clerk

            Alan Michael Slobodin, Senior Oversight Counsel

                     Joseph C. Stanko, Jr., Counsel

                    Anthony M. Sullivan, Comptroller

                 Jennifer Leigh Taylor, Staff Assistant

               Troy D. Timmons, Professional Staff Member

                 Michael S. Twinchek, Legislative Clerk

                     Catherine G. Van Way, Counsel

              Mark Joseph Washko, Counsel/Special Projects

                        John Marc Wheat, Counsel

             Eric John Wohlschlegel, Deputy Press Secretary

                Christopher R. Wolf, Research Assistant

      William Duncan Wood, Professional Investigative Staff Member

                             Minority Staff

      Reid P.F. Stuntz, Minority Staff Director and Chief Counsel

         Dennis B. Fitzgibbons, Deputy Minority Staff Director

              David R. Schooler, Minority General Counsel

                 Sharon E. Davis, Chief Minority Clerk

                  Howard P. Bauleke, Minority Counsel

                   Alison T. Berkes, Minority Counsel

     Candace E. Butler, Minority Assistant Clerk/LAN Administrator

           Amy Droskoski, Minority Professional Staff Member

                     John P. Ford, Minority Counsel

                 Richard A. Frandsen, Minority Counsel

           M. Bruce Gwinn, Minority Professional Staff Member

                    Edith Holleman, Minority Counsel

 Carla Hultberg, Minority Senior Secretary/Assistant LAN Administrator

             Brendan C. Kelsay, Minority Research Assistant

              Raymond R. Kent, Minority Finance Assistant

               Christopher Knauer, Minority Investigator

                   Andrew W. Levin, Minority Counsel

              D. Elaine Sheets, Minority Senior Secretary

                   Sue D. Sheridan, Minority Counsel

         Bridgett E. Taylor, Minority Professional Staff Member

                Consuela M. Washington, Minority Counsel
          Legislative and Oversight Activity of the Committee

    During the 105th Congress, 898 bills were referred to the
Committee on Commerce. The Full Committee reported 51 measures
to the House (not including conference reports). The Committee
also approved and transmitted to the Committee on the Budget
seven Committee Prints for inclusion in H.R. 2015, the Balanced
Budget Act of 1997, dealing with telecommunications issues,
energy issues, and health issues. Fifty-seven measures
regarding issues within the Committee's jurisdiction were
enacted into law.
    In areas as diverse as health, telecommunications,
securities, and the environment, the Committee made great
strides toward the goal of creating a more effective, less
expensive, and more accountable government that better serves
all Americans.
    The enactment of the Balanced Budget Act of 1997 was not
only an historic achievement in that it balanced the Federal
budget for the first time in decades, but also because it
included major legislative initiatives to: (1) reform the
Medicare Program and thus avert bankruptcy of the program while
assuring benefits for seniors continue to rise; (2) restructure
the Medicaid Program by removing bureaucratic obstacles to
responsive, effective delivery of services and giving States
more control over their own programs; and (3) establish the
State Children's Health Insurance Program to provide that more
children get the health care they need.
    The 105th Congress also marked the passage of the Food and
Drug Administration Modernization Act of 1997, a comprehensive
reform of the operations of the Food and Drug Administration to
streamline and improve the regulation of new prescription
drugs, medical devices, and food additives.
    With respect to telecommunications, the Committee addressed
issues as diverse as overseeing the implementation of the
Telecommunications Act of 1996 to major initiatives to address
the impact of electronic commerce. Legislation was enacted into
law to address the question of Internet taxes, to protect
children from sexually explicit material on the Internet, and
to protect the privacy of children online.
    In the securities area, Committee action resulted in
enactment of the Securities Litigation Uniform Standards Act of
1998, which builds on legislation enacted in the 104th Congress
to protect American companies, investors, and workers from the
high cost of frivolous lawsuits. The Committee also played a
major role in the development of the Financial Services Act to
modernize the regulatory structure for the securities,
insurance, and banking industries.
    With respect to the environment, the Committee monitored
the implementation of the Safe Drinking Water Act Amendments of
1996, the Environmental Protection Agency's proposed revisions
of the National Ambient Air Quality Standards (NAAQS) for Ozone
and Particulate Matter, and the international negotiations on
global climate change and the Kyoto Protocol.
    The Committee also focused significant time and effort in
several areas which will continue to be the focus for
legislative activity in the 106th Congress, including the
enhancement of competition in the electric utility industry,
the reform of the Superfund program, and the need to open up
electronic commerce, the marketplace of the 21st Century.
    The following is a summary of the legislative and oversight
activities of the Committee on Commerce during the 105th
Congress, including a summary of the activities taken by the
Committee to implement its Oversight Plan for the 105th
Congress.
                         Committee on Commerce

                             full committee

                             (Ratio: 28-23)

                     TOM BLILEY, Virginia, Chairman

W.J. ``BILLY'' TAUZIN, Louisiana     JOHN D. DINGELL, Michigan
MICHAEL G. OXLEY, Ohio               HENRY A. WAXMAN, California
MICHAEL BILIRAKIS, Florida           EDWARD J. MARKEY, Massachusetts
DAN SCHAEFER, Colorado               RALPH M. HALL, Texas
JOE BARTON, Texas                    RICK BOUCHER, Virginia
J. DENNIS HASTERT, Illinois          THOMAS J. MANTON, New York
FRED UPTON, Michigan                 EDOLPHUS TOWNS, New York
CLIFF STEARNS, Florida               FRANK PALLONE, Jr., New Jersey
BILL PAXON, New York                 SHERROD BROWN, Ohio
PAUL E. GILLMOR, Ohio                BART GORDON, Tennessee
  Vice Chairman                      ELIZABETH FURSE, Oregon
JAMES C. GREENWOOD, Pennsylvania     PETER DEUTSCH, Florida
MICHAEL D. CRAPO, Idaho              BOBBY L. RUSH, Illinois
CHRISTOPHER COX, California          ANNA G. ESHOO, California
NATHAN DEAL, Georgia                 RON KLINK, Pennsylvania
STEVE LARGENT, Oklahoma              BART STUPAK, Michigan
RICHARD BURR, North Carolina         ELIOT L. ENGEL, New York
BRIAN P. BILBRAY, California         THOMAS C. SAWYER, Ohio
ED WHITFIELD, Kentucky               ALBERT R. WYNN, Maryland
GREG GANSKE, Iowa                    GENE GREEN, Texas
CHARLIE NORWOOD, Georgia             KAREN McCARTHY, Missouri
RICK WHITE, Washington               TED STRICKLAND, Ohio
TOM COBURN, Oklahoma                 DIANA DeGETTE, Colorado
RICK LAZIO, New York
BARBARA CUBIN, Wyoming
JAMES E. ROGAN, California
JOHN SHIMKUS, Illinois
HEATHER WILSON, New Mexico

                           Oversight Hearings

                         the tobacco settlement

    On June 20, 1997, the Nation's largest tobacco product
manufacturers and several State Attorneys General agreed to a
proposal to settle approximately 40 lawsuits brought by States
against the tobacco companies. Certain provisions of the
settlement agreement required statutory changes to existing
law, as well as the enactment of new statutes. In the Fall of
1997, the Committee and its subcommittees began an effort to
review the terms of the proposed settlement, and their impact
on national tobacco policy, as well as any alternatives.
    As part of this effort, the Full Committee held two
hearings. The first hearing, held on November 13, 1997,
solicited the views of the Administration and the State
Attorneys General. The Committee heard testimony from the
Honorable Donna Shalala, Secretary, Department of Health and
Human Services, the Honorable Christine Gregoire, Attorney
General for the State of Washington, and the Honorable Gale A.
Norton, Attorney General for the State of Colorado.
    At that hearing, the Chairman announced his intention to
obtain certain tobacco industry documents which a Minnesota
court official had identified as not protected by the attorney-
client privilege because they may contain evidence of crime or
fraud (State of Minnesota, et al. v. Philip Morris, Inc., et
al. No. C1-94-8563 (2nd Judicial Dist., MN)), as well as any
other documents found to be exempt from attorney-client
protection in the future. When the tobacco companies failed to
comply voluntarily with that request, the Chairman of the Full
Committee, in consultation with the Ranking Minority Member,
issued subpoenas on December 4, 1997. The companies were given
24 hours to comply with the subpoenas or face enforcement
proceedings in the form of a contempt resolution. The Committee
received the documents on the following day. Following a
bipartisan staff review of those documents and consultation
with the Ranking Minority Member, the documents were ordered
released to Committee Members and the public. The documents
were made available in electronic form on CD-ROM (Committee
Print 105-P) and on the Committee's site on the World Wide Web
(http://www.house.gov/commerce).
    On January 29, 1998, the Full Committee held its second
hearing which solicited the views of the chief executive
officers of the nation's five largest tobacco companies. At
that hearing, the Committee heard from the chief executive
officers of Brown & Williamson Tobacco Corporation; Loews
Corporation; Philip Morris Companies, Inc.; RJR Nabisco; and
UST, Inc.
    On February 10, 1998, approximately 39,000 additional
documents were recommended to the Minnesota court for denial of
privilege. On February 19, 1998, the Chairman consulted with
the Ranking Minority Member and issued subpoenas to individuals
representing Brown & Williamson Tobacco Corporation; Philip
Morris Companies, Inc.; RJR Nabisco; Loews Corporation; The
Tobacco Institute; and The Council for Tobacco Research--
U.S.A., Inc. ordering production of the approximately 39,000
documents to the Committee. Enforcement of the subpoenas was
delayed until the United States Supreme Court had completed its
review of the tobacco industry's appeal on claims of privilege.
After the Supreme Court declined to hear their appeal, the
Chairman informed the companies that the Committee had denied
their claims of privilege in a letter dated April 6, 1998. The
companies were also notified that unless the documents were
produced immediately a contempt resolution would be brought
before the Committee seeking enforcement of the subpoenas. The
documents were produced to the Committee on that same day.
    After an initial bipartisan assessment of all documents
submitted to the Committee on April 6, 1998, the Chairman
consulted with the Ranking Minority Member and ordered the
public release of subpoenaed documents on the Committee's site
on the World Wide Web on April 22, 1998. It was decided that
424 documents should be withheld for further review. The
Committee staff continued its bipartisan review of the
remaining documents, and eventually recommended that 39
documents (excluding duplicate documents) remain confidential
either because they were prepared for ongoing litigation,
contained trade secret information, or affected the privacy
rights of named plaintiffs. The Chairman then ordered all
remaining documents, with the exception of the 39 documents
(and duplicates) released both in electronic form on CD-ROMs
(Committee Print 105-U), and on the Committee's site on the
World Wide Web (http://www.house.gov/commerce).

                     electronic commerce initiative

    In early 1998, Chairman Bliley announced that the Committee
would be undertaking a long-term initiative on electronic
commerce. The goals of this initiative were to familiarize
members of the Committee on Commerce about electronic commerce
and its growing importance, help Congress better understand the
multitude of electronic commerce issues, and lay the groundwork
for the Committee's future legislative agenda.
    As part of the Committee's electronic commerce initiative,
the Committee held eleven hearings exploring a variety of
electronic commerce issues. Two of the electronic commerce
hearings were held in the Full Committee, five in the
Subcommittee on Telecommunications, Trade, and Consumer
Protection, two in the Subcommittee on Finance and Hazardous
Materials, and one each in the Subcommittee on Health and the
Environment and the Subcommittee on Energy and Power. Please
refer to the sections of this report describing each
Subcommittee's activities for further information on the
electronic commerce hearings held in the Subcommittees.
    The Full Committee's first electronic commerce hearing,
held on April 30, 1998, focused on the rise and growing
importance of electronic commerce to our nation's economy. The
Committee examined the economic impact of electronic commerce
on consumers and the economy, consumer acceptance of electronic
commerce, the role of government in electronic commerce, and
the future direction of electronic commerce. Witnesses included
executives from companies currently conducting electronic
commerce and observers of electronic commerce from academia,
the media, and the financial community.
    The Full Committee's second electronic commerce hearing, on
July 30, 1998, focused on global electronic commerce issues.
The hearing examined the current status of international talks
on electronic commerce, the role of electronic commerce in
international trade, the impending European Union data
protection directive, and the role of electronic commerce in
promoting democracy and free market philosophy around the
world. Witnesses included the Honorable William Daley,
Secretary of Commerce, and representatives from the public
policy community and from businesses engaged in electronic
commerce both in the United States and abroad.

                  education and technology initiatives

    Over the past decade, schools and libraries have become
more dependent on telecommunications technologies as
educational tools and resources. In general, telecommunications
technologies include the traditional forms of communications
such as computers, telephones, and cable television and also
include a vast array of new technologies such as access to the
Internet, ISDN, Ethernets, and interactive software. The
Federal government has been a strong supporter of providing
technology in the classrooms. Today, there are a number of
programs either funded directly by or created pursuant to
Federal legislation that provide funding for telecommunications
technology. Some of these programs provide funding exclusively
for technology, while other programs provide funding for an
entire host of uses, of which, advanced technologies may be
included. In May 1998, the General Accounting Office (GAO)
identified 40 programs in nine Federal departments and agencies
that provide funding assistance for uses that could include
telecommunications technologies and related services for
schools and libraries. Together, these programs provided an
estimated $10 billion in funding assistance in Fiscal Year
1997, although GAO could not specify with any certainty the
actual amount spent on technologies. GAO's estimates also did
not include a discussion of the Federal Communications
Commission's e-rate program which is expected to distribute
approximately $2 billion annually in subsidies to schools and
libraries.
    On July 14, 1998, Commerce Committee Chairman Bliley and
Education and the Workforce Committee Chairman Goodling
requested that the GAO update its prior May findings and
conduct an in-depth study of all Federal programs that provide
assistance to schools or libraries for education and technology
uses. In addition, the request required the GAO to determine
which programs may overlap with one another and to determine
where administrative efficiencies can be gained.
    In addition to Federal governmental programs, the private
sector has made, and continues to make, valuable contributions
to schools and libraries in the form of telecommunications
equipment, telecommunications services, internal connections,
and access to the Internet. Many communities and States also
are involved in efforts to provide technology to their schools
and classrooms.
    On September 16, 1998, the Full Committee held a joint
hearing with the Committee on Education and the Workforce on
Education and Technology Initiatives. The hearing focused on
both Federal and private sector efforts that help schools and/
or libraries with access to telecommunications technologies.
Testimony was received from representatives of the Department
of Education, telecommunications companies, the General
Accounting Office, and local libraries and school districts.

implementation of the food and drug administration modernization act of
                                  1997

    On October 7, 1998, the Full Committee held a hearing on
the Implementation of the Food and Drug Administration
Modernization Act of 1997 (Modernization Act) (Public Law 105-
115). The Modernization Act represents a historic achievement
of substantive Food and Drug Administration (FDA) reforms, and
among other things, streamlines the approval process for
pharmaceutical and medical device products, and eliminates
several unnecessary regulatory burdens.
    This hearing was held to mark the one year anniversary of
the House passage of the Modernization Act, and primarily
considered the following questions: (1) what impact the
Modernization Act has had on the pharmaceutical, medical
device, and biotechnology industries; (2) whether FDA has
implemented the Modernization Act's mandates consistent with
Congress' intent; and (3) what impact the Modernization Act has
had on the way FDA is able to face the challenges of rapid
product innovation to ensure the safety and quality of the
medicines we take and the medical devices we use. The Full
Committee received testimony from representatives of the Food
and Drug Administration, including Acting FDA Commissioner
Michael A. Friedman. Testimony was also received from
representatives of the pharmaceutical, biotechnology, and
medical device industries, as well as from individual patients
who have received beneficial drugs and devices as a result of
procedures established by the Modernization Act.

                             Hearings Held

    The Tobacco Settlement: Views of the Administration and the
State Attorneys General.--Oversight Hearing on the Tobacco
Settlement: Views of the Administration and the State Attorneys
General. Hearing held on November 13, 1997. PRINTED, Serial
Number 105-56.
    The Tobacco Settlement: Views of Tobacco Industry
Executives.--Oversight Hearing on the Tobacco Settlement: Views
of Tobacco Industry Executives. Hearing held on January 29,
1998. PRINTED, Serial Number 105-68.
    Electronic Commerce--Part 1.--Oversight Hearing on
Electronic Commerce: The Marketplace of the 21st Century.
Hearing held on April 30, 1998. PRINTED, Serial Number 105-111.
    Electronic Commerce--Part 1.--Oversight Hearing on
Electronic Commerce: The Global Electronic Marketplace. Hearing
held on July 30, 1998. PRINTED, Serial Number 105-111.
    Education and Technology Initiatives.--Joint Oversight
Hearing with the Committee on Education and the Workforce on
Education and Technology Initiatives. Hearing held on September
16, 1998. PRINTED, Serial Number 105-118.
    Implementation of the Food and Drug Administration
Modernization Act of 1997.--Oversight Hearing on the
Implementation of the Food and Drug Administration
Modernization Act of 1997. Hearing held on October 7, 1998.
PRINTED, Serial Number 105-136.

   Subcommittee on Telecommunications, Trade and Consumer Protection

                             (Ratio 16-13)

               W.J. ``BILLY'' TAUZIN, Louisiana, Chairman

MICHAEL G. OXLEY, Ohio               EDWARD J. MARKEY, Massachusetts
  Vice Chairman                      RICK BOUCHER, Virginia
DAN SCHAEFER, Colorado               BART GORDON, Tennessee
JOE BARTON, Texas                    ELIOT L. ENGEL, New York
J. DENNIS HASTERT, Illinois          THOMAS C. SAWYER, Ohio
FRED UPTON, Michigan                 THOMAS J. MANTON, New York
CLIFF STEARNS, Florida               BOBBY L. RUSH, Illinois
PAUL E. GILLMOR, Ohio                ANNA G. ESHOO, California
CHRISTOPHER COX, California          RON KLINK, Pennsylvania
NATHAN DEAL, Georgia                 ALBERT R. WYNN, Maryland
STEVE LARGENT, Oklahoma              GENE GREEN, Texas
RICK WHITE, Washington               KAREN McCARTHY, Missouri
JAMES E. ROGAN, California           JOHN D. DINGELL, Michigan
JOHN SHIMKUS, Illinois                 (Ex Officio)
HEATHER WILSON, New Mexico
TOM BLILEY, Virginia
  (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; interstate
and foreign commerce, including trade matters within the jurisdiction
of the full committee; regulation of commercial practices (the FTC);
consumer affairs and consumer protection in general; consumer product
safety (the CPSC); product liability; and motor vehicle safety.

                         Legislative Activities

                      balanced budget act of 1997

                  Public Law 105-33 (H.R. 2015, S. 947)

   (Title III--Telecommunications and Spectrum Allocation Provisions)

    To provide for reconciliation pursuant to subsections
(b)(1) and (c) of section 105 of the concurrent resolution on
the budget for fiscal year 1998.

Summary

    Title III of Public Law 105-33, the Balanced Budget Act of
1997, contains three main provisions which fall within the
jurisdiction of the Committee on Commerce. First, it extends
the Federal Communications Commission's (FCC's) auction
authority through the end of Fiscal Year 2007. It also broadens
the FCC's auction authority by requiring all radio-based
licenses for which mutually exclusive applications are filed
with the FCC to be assigned by means of competitive bidding,
unless the license is intended for a service which is exempted
from the FCC's auction authority. It also directs the FCC and
the National Telecommunications and Information Administration
(NTIA) collectively to reallocate 120 megahertz (MHz) of
spectrum located below 3 gigahertz (GHz) for commercial use,
and to assign through competitive bidding the licenses to use
the newly allocated spectrum. The FCC is further charged with
ensuring that the public recovers a minimum level of receipts.
    Second, Title III establishes a statutory framework for
both auctioning and recapturing the 78 MHz of spectrum that
current television broadcast licensees formerly transmitted in
analog format. It precludes the FCC from renewing any analog
license beyond December 31, 2006, unless certain conditions are
shown to exist, including evidence that a material number of
households in a given market continue to rely exclusively on
over-the-air analog signals. The licenses to use the recaptured
78 MHz of spectrum will be assigned through competitive bidding
beginning in 2001. The FCC must ensure that the public recovers
a minimum level of receipts.
    Finally, Title III allocates and assigns the 60 MHz of
spectrum located between television broadcast channels 60
through 69 to public safety services and for general commercial
use. The FCC is directed to set aside up to 24 MHz of the 60
MHz total for public safety, and the remaining 36 MHz for
general commercial use is to be assigned by means of
competitive bidding. With regard to the 36 MHz slated for
auction, the FCC must ensure that the public recovers a minimum
level of receipts.

Legislative History

    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held an oversight hearing on February 12, 1997,
which addressed a number of issues relating to spectrum
management policy, including proposals to expand the FCC's
auction authority and the transition to digital television.
    On June 5, 1997 and June 10, 1997, the Subcommittee on
Telecommunications, Trade, and Consumer Protection met in open
markup session to consider a Committee Print entitled ``Title
III, Subtitle D--Communications''. On June 10, 1997, the
Committee Print was approved for Full Committee consideration,
amended, by a roll call vote of 13 yeas to 12 nays.
    The Full Committee met in open markup session to consider
the Committee Print on June 11, 1997. The Committee approved
the Committee Print entitled ``Title III, Subtitle D--
Communications'' for transmittal to the Committee on the
Budget, amended, for inclusion in the Balanced Budget Act of
1997, by a voice vote, a quorum being present.
    On June 17, 1997, the Chairman of the Committee on Commerce
sent a letter to the Chairman of the Committee on the Budget
transmitting the Committee Print for inclusion in the Balanced
Budget Act of 1997. The provisions of the Committee Print were
included in the text of Title III of H.R. 2015 as reported to
the House by the Committee on the Budget on June 24, 1997 (H.
Rpt. 105-149).
    The Committee on Rules met on June 24, 1997, and granted a
rule providing for the consideration of H.R. 2015. The rule was
filed in the House as H. Res. 174. On June 25, 1997, the House
passed H. Res. 174 by a roll call vote of 228 yeas to 200 nays.
    The House considered H.R. 2015 on June 25, 1997, and passed
the bill, amended, by a roll call vote of 270 yeas to 162 nays.
On June 25, 1997, H.R. 2015 was received in the Senate and read
twice.
    On June 20, 1997, the Senate Committee on the Budget
reported a companion bill to the Senate, which was introduced
in the Senate as S. 947 (No Written Report). Pursuant to a
unanimous consent request agreed to on June 20, 1997, the
Senate began consideration of S. 947 on June 23, 1997. The
Senate considered S. 947 on June 23, June 24, and June 25,
1997; and on June 25, 1997, passed S. 947 by a roll call vote
of 73 yeas to 27 nays. Pursuant to a unanimous consent request
agreed to on June 24, 1997, the Senate, on June 25, 1997, then
proceeded to the immediate consideration of H.R. 2015, struck
all after the enacting clause and inserted in lieu thereof the
text of S. 947 as passed by the Senate, and passed H.R. 2015.
By unanimous consent, the Senate postponed further
consideration of S. 947.
    On June 27, 1997, the Senate insisted on its amendment to
H.R. 2015, requested a conference with the House, and appointed
conferees. On July 10, 1997, the House disagreed to the Senate
amendment to H.R. 2015, agreed to a conference with the Senate,
and appointed conferees. A motion to instruct the conferees was
agreed to by a roll call vote of 414 yeas to 14 nays. Members
of the Committee on Commerce were appointed as conferees. On
July 30, 1997, the conference report on H.R. 2015 was filed in
the House (H. Rpt. 105-347).
    On July 29, 1997, the Committee on Rules met and granted a
rule waiving clause 4(b) of Rule XI (requiring a 2/3 vote to
consider a rule on the same day it is reported by the Committee
on Rules) with respect to the rule on H.R. 2015, or amendments
in disagreement reported before August 3, 1997, and the rule on
H.R. 2014 or amendments in disagreement reported before August
3, 1997. The rule was filed in the House as H. Res. 201. On
July 30, 1997, the Committee on Rules met and granted a rule
providing for the consideration of the conference report on
H.R. 2015. The rule was filed in the House as H. Res. 202. On
July 30, 1997, the House passed H. Res. 201 by a roll call vote
of 237 yeas to 187 nays. The House then passed H. Res. 202 by a
voice vote. Finally, on July 30, 1997, the House agreed to the
conference report on H.R. 2015 by a roll call vote of 346 yeas
to 85 nays.
    The Senate considered the conference report on H.R. 2015 on
July 30, and July 31, 1997; and on July 31, 1997, passed the
conference report by a roll call vote of 85 yeas to 15 nays,
clearing the measure for the President.
    H.R. 2015 was presented to the President on August 1, 1997.
On August 5, 1997, the President signed H.R. 2015 into law
(Public Law 105-33).

             international dolphin conservation program act

                  Public Law 105-42 (H.R. 408, S. 39)

    To amend the Marine Mammal Protection Act of 1972 to
support the International Dolphin Conservation Program in the
eastern tropical Pacific Ocean, and for other purposes.

Summary

    H.R. 408 provides for the implementation of the Declaration
of Panama, a treaty signed by the United States and 11 other
nations in 1995. It is similar to legislation considered in the
104th Congress, H.R. 2823.
    Section 5 of H.R. 408 amends the Dolphin Protection
Consumer Information Act (16 U.S.C. Sec. 1385) regarding the
circumstances in which tuna products may be labeled ``dolphin
safe,'' including requiring certain statements by a vessel's
captain, or in certain instances, a vessel's captain and an
observer. The legislation also directs the Secretary of
Commerce (the Secretary) to develop an official mark to label
tuna products as dolphin safe and specifies the circumstances
in which the mark may be used. The provisions mandate
implementing regulations, including regulations establishing a
domestic tracking and verification program. It also directs the
Secretary to make findings regarding whether the intentional
deployment on, or encirclement of, dolphins with purse seine
nets is having a significant adverse impact on any depleted
dolphin stock in the eastern tropical Pacific Ocean. Finally,
it sets forth circumstances in which the captain's and
observer's statements must be that no dolphins were killed or
seriously injured during the sets in which the tuna were
caught.

Legislative History

    H.R. 408 was introduced in the House by Mr. Gilchrest and
six cosponsors on January 9, 1997. The bill was referred solely
to the Committee on Resources.
    On April 16, 1997, the Committee on Resources ordered H.R.
408 reported to the House, amended, by a voice vote. On April
23, 1997, the Chairman of the Committee on Commerce sent a
letter to the Chairman of the Committee on Resources indicating
that H.R. 408 included several provisions within the
jurisdiction of the Committee on Commerce. The Chairman stated,
however, that the Committee on Commerce had reviewed the action
taken by the Committee on Resources and, in order to expedite
consideration of this measure by the House, the Committee on
Commerce would not seek a sequential referral of H.R. 408,
provided such action would not prejudice the Commerce
Committee's future jurisdictional interests in the legislation.
    On April 24, 1997, the Chairman of the Committee on
Resources sent a letter to the Chairman of the Committee on
Commerce acknowledging the Commerce Committee's jurisdictional
prerogatives with respect to H.R. 408. The Committee on
Resources reported H.R. 408 to the House on April 24, 1997 (H.
Rpt. 105-74, Part 1.)
    On April 24, 1997, H.R. 408 was referred, sequentially, to
the Committee on Ways and Means for a period ending not later
than May 5, 1997. On April 30, 1997, the Committee on Ways and
Means ordered H.R. 408 reported to the House, without
amendment, by a roll call vote of 28 yeas to 9 nays. The
Committee on Ways and Means reported H.R. 408 to the House on
May 1, 1997 (H. Rpt. 105-74, Part 2).
    The Committee on Rules met on May 20, 1997, and granted a
rule providing for the consideration of H.R. 408. The rule was
filed in the House as H. Res. 153. The House passed H. Res. 153
on May 21, 1997, by a voice vote.
    The House considered H.R. 408 on May 21, 1997 and passed
the bill, amended, by a roll call vote of 262 yeas to 166 nays.
On May 22, 1997, H.R. 408 was received in the Senate, read
twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
    On January 21, 1997, Mr. Stevens and three cosponsors
introduced S. 39, a companion bill, in the Senate. The bill was
read twice and referred to the Senate Committee on Commerce,
Science, and Transportation. On June 26, 1997 the Senate
Committee on Commerce, Science, and Transportation ordered S.
39 reported to the Senate, amended. The Senate Committee on
Commerce, Science, and Transportation reported S. 39 to the
Senate on July 14, 1997 (No Written Report).
    On July 30, 1997, the Senate considered S. 39, and passed
the bill by a roll call vote of 99 yeas to 0 nays. By unanimous
consent, the Senate Committee on Commerce, Science, and
Transportation was then discharged from further consideration
of H.R. 408. On July 30, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 408, struck
all after the enacting clause, and inserted in lieu thereof the
text of S. 39, as passed by the Senate. On September 2, 1997,
the Senate vitiated passage of S. 39 and indefinitely postponed
further consideration of the bill.
    On July 31, 1997, by unanimous consent, the House agreed to
the Senate amendment to H.R. 408, clearing the measure for the
President.
    On August 4, 1997, H.R. 408 was presented to the President.
The President signed H.R. 408 into law on August 15, 1997
(Public Law 105-42).

         national defense authorization act for fiscal year 1998

     Public Law 105-85 (H.R. 1119, S. 936, S. 924, S. Con. Res. 64)

                    (Telecommunications Provisions)

    To authorize appropriations for fiscal year 1998 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

    Public Law 105-85 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including one provision dealing with a telecommunications
related issue. Members of the Committee on Commerce were
appointed as conferees on this provision and participated in
the conference negotiations which led to the agreement
contained in H.R. 1119.
    Section 1074 endorses and enacts into law the presidential
policy on the sustainment and operation of the Global
Positioning System (GPS) issued in March 1996. The section also
directs the Secretary of Defense not to accept any restriction
on the GPS system proposed by the head of any other department
or agency in the exercise of that official's regulatory
authority that would adversely affect the military potential of
GPS.

Legislative History

    H.R. 1119 was introduced in the House by Representatives
Spence and Dellums on March 19, 1997, and referred solely to
the Committee on National Security. The Committee on National
Security met to consider H.R. 1119 on June 11, 1997, and
ordered the bill reported to the House, amended, by a roll call
vote of 51 yeas to 3 nays. On June 16, 1997, the Committee on
National Security reported H.R. 1119 to the House (H. Rpt. 105-
132).
    The Committee on Rules met on June 18, 1997, and granted a
rule providing for the consideration of H.R. 1119. The rule was
filed in the House as H. Res. 169. On June 19, 1997, the House
passed H. Res. 169, amended, by a roll call vote of 322 yeas to
101 nays.
    The House considered H.R. 1119 on June 19, June 20, June
23, June 24, and June 25, 1997; and on June 25, 1997, passed
the bill, as amended by a roll call vote of 304 yeas to 120
nays. On July 7, 1997, H.R. 1119 was received in the Senate,
read twice, and placed on the Senate Calendar.
    On June 17, 1997, the Senate Committee on Armed Services
reported an original measure to the Senate, which was
introduced in the Senate by Mr. Thurmond as S. 924 and placed
on the Senate Calendar (S. Rpt. 105-29). On June 18, 1997, the
Senate Committee on Armed Services reported an original measure
to the Senate, which was introduced in the Senate by Mr.
Thurmond as S. 936 and placed on the Senate Calendar (No
Written Report).
    The Senate considered S. 936 on June 19, June 20, July 7,
July 8, July 9, July 10, and July 11, 1997. On July 11, 1997,
the Senate passed S. 936, amended, by a roll call vote of 94
yeas to 4 nays. On July 11, 1997, by unanimous consent, the
Senate agreed to a request that S. Rpt. 105-29, the report to
accompany S. 924, be deemed to be the report to accompany S.
936. The Senate then, by unanimous consent, took H.R. 1119 from
the Senate Calendar and passed the bill, amended with the text
of S. 936 as passed by the Senate. The Senate insisted on its
amendment to H.R. 1119, requested a conference with the House,
and appointed conferees.
    On July 25, 1997, the House disagreed to the Senate
amendment to H.R. 1119, agreed to a conference with the Senate,
and appointed conferees. Members of the Committee on Commerce
were appointed as conferees. The House, on July 25, 1997, also
agreed by a roll call vote of 414 yeas to 0 nays to a motion to
instruct the conferees and, by a roll call vote of 409 yeas to
1 nay, agreed to a motion to close portions of the conference.
    On September 5, 1997, the House agreed to a second motion
to instruct the conferees by a roll call vote of 261 yeas to
150 nays. The conference report on H.R. 1119 was filed in the
House on October 23, 1997 (H. Rpt. 105-340).
    On October 23, 1997, the Committee on Rules met and granted
a rule providing for the consideration of the conference report
on H.R. 1119. The rule was filed in the House as H. Res. 278.
On October 28, 1997, the House passed H. Res. 278 by a roll
call vote of 353 yeas to 59 nays.
    The House agreed to the conference report by a roll call
vote of 286 yeas to 123 nays on October 28, 1997. The Senate
agreed to the conference report by a roll call vote of 90 yeas
to 10 nays on November 6, 1997.
    On November 6, 1997, the Senate also agreed to S. Con. Res.
64, a resolution to provide for corrections in the enrollment
of H.R. 1119, pursuant to a unanimous consent request agreed to
on October 31, 1997. S. Con. Res. 64 was received in the House
on November 6, 1997, and held at the desk. No further action
was taken on S. Con. Res. 64.
    H.R. 1119 was presented to the President on November 6,
1997. The President signed H.R. 1119 into law on November 18,
1997 (Public Law 105-85).

           designation of common carriers not subject to the

             jurisdiction of a state commission as eligible

                      telecommunications carriers

                      Public Law 105-125 (S. 1354)

    To amend the Communications Act of 1934 to provide for the
designation of common carriers not subject to the jurisdiction
of a State commission as eligible telecommunications carriers.

Summary

    The bill amends the Communications Act of 1934 to direct
the Federal Communications Commission (FCC), upon request, to
designate a common carrier providing telephone exchange service
and exchange access that is not subject to the jurisdiction of
a State commission as an eligible telecommunications carrier
(eligible to receive universal service support) for a telephone
service area designated by the FCC. Under the bill, the FCC is
required to find that such designation is in the public
interest.

Legislative History

    On October 31, 1997, Mr. McCain and four cosponsors
introduced S. 1354 in the Senate. The bill was read twice and
referred to the Senate Committee on Commerce, Science and
Transportation. On November 4, 1997, the Senate Committee on
Commerce, Science and Transportation ordered S. 1354 reported
to the Senate, without amendment. The Senate Committee on
Commerce, Science and Transportation reported S. 1354 to the
Senate on November 8, 1997 (No Written Report).
    On November 9, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of S. 1354, and passed
the bill.
    S. 1354 was received in the House on November 12, 1997, and
referred solely to the Committee on Commerce. On November 13,
1997, the House considered S. 1354 under Suspension of the
Rules, thereby discharging the Committee from further
consideration of S. 1354. The House passed the bill by a voice
vote, clearing the measure for the President.
    On November 19, 1997, S. 1354 was presented to the
President. The President signed S. 1354 into law on December 1,
1997 (Public Law 105-125).

             transportation equity act for the 21st century

                Public Law 105-178 (H.R. 2400, S. 1173)

                   (Motor Vehicle Safety Provisions)

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

Summary

    Public Law 105-178 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including several dealing with motor vehicle safety related
issues. Members of the Committee on Commerce were appointed as
conferees on these provisions and participated in the
conference negotiations which led to the agreements contained
in H.R. 2400.
    Subtitle (A) of Title VII of Public law 105-178 (TEA 21)
includes much of the legislative language of H.R. 2691, the
National Highway Traffic Safety Administration Reauthorization
Act of 1998, as passed the House. The provisions include
language requiring the Secretary of Transportation to issue a
final rule to improve occupant protection for occupants of
different sizes, belted and unbelted, under Federal Motor
Vehicle Safety Standard (FMVSS) No. 208 while minimizing the
risk to infants, children, and other occupants from any risks
associated with air bags, by means that include advanced air
bags. That rule is to be promulgated according to a specified
timetable, beginning with the advance notice of proposed
rulemaking issued no later than September 1, 1998, and a final
rule issued no later than September 1, 1999.
    The Act also: (1) authorizes appropriations for National
Highway Traffic Safety Administration's (NHTSA's) automobile
and safety programs in the total amount of $87.4 million in
each Fiscal Year 1999 through 2001; (2) prohibits the use of
those funds for the ``lobbying'' of State legislators or
officials; (3) amends the American Automobile Labeling Act (49
U.S.C. Sec. 30204) to make certain changes in the labeling
requirement and the domestic content calculations; (4) makes
certain changes to the Odometer Disclosure Act to clarify the
odometer disclosure requirements for certain transactions
involving rental car companies and the sale of certain
vehicles, such as heavy trucks; and (5) makes numerous other
minor changes to NHTSA's authorizing statutes in response to
requests from the Administration.
    The subtitle reinstates NHTSA's authority to exempt certain
motor vehicles imported for show or display from certain
applicable motor vehicle safety standards, and directs NHTSA to
conduct a study of the potential benefit of requiring the
installation of a safety device in the trunk compartment to
release the trunk lid from the inside.

Legislative History

    H.R. 2400 was introduced in the House on September 4, 1997,
by Mr. Shuster and three cosponsors. The bill was referred to
the Committee on Transportation and Infrastructure, and in
addition to the Committee on the Budget.
    On March 24, 1998, the Committee on Transportation and
Infrastructure met to consider H.R. 2400, and ordered the bill
reported to the House, amended, by a roll call vote of 69 yes
to 0 nays. On March 25, 1998, the Committee on Transportation
and Infrastructure reported H.R. 2400 to the House (H. Rpt.
105-467, Part 1). On March 25, 1998, the referral of H.R. 2400
to the Committee on the Budget was extended for a period ending
not later than March 27, 1998. On March 25, 1998, H.R. 2400 was
also referred, sequentially, to the Committee on Ways and Means
for a period ending not later than March 27, 1998.
    On March 25, 1998, the Chairman of the Committee on
Commerce sent a letter to the Chairman of the Committee on
Transportation and Infrastructure indicating that H.R. 2400, as
ordered reported, included provisions within the jurisdiction
of the Commerce Committee. The Chairman further stated that, in
order to expedite consideration of this measure by the House,
the Committee on Commerce would not seek a sequential referral
of H.R. 2400, provided such action would not prejudice the
Commerce Committee's future jurisdictional interests in the
legislation. On March 25, 1998, the Chairman of the Committee
on Transportation and Infrastructure sent a letter to the
Chairman of the Committee on Commerce acknowledging the
Commerce Committee's jurisdictional concerns and prerogatives
with respect to H.R. 2400.
    On March 26, 1998, the Committee on Ways and Means
considered H.R. 2400, and ordered the bill reported to the
House, amended, by a voice vote.
    On March 27, 1998, the Committee on Transportation and
Infrastructure filed a supplemental report on H.R. 2400 in the
House (H. Rpt. 105-467, Part 2). On March 27, 1998, the
Committee on Ways and Means reported H.R. 2400 to the House (H.
Rpt. 105-467, Part 3). On March 27, 1998, the Committee on the
Budget was discharged from further consideration of H.R. 2400.
    On March 31, 1998, the Committee on Rules met and granted a
rule providing for the consideration of H.R. 2400. The rule was
filed in the House as H. Res. 405. The House passed H. Res. 405
on April 1, 1998, by a roll call vote of 357 yeas to 61 nays.
The House considered H.R. 2400 on April 1, 1998, and passed the
bill, amended, by a roll call vote of 337 yeas to 80 nays.
    On April 1, 1998, the House also agreed to a unanimous
consent request if a message arrived from the Senate indicating
that the Senate had passed H.R. 2400, with an amendment,
insisted on its amendment, and requested a conference with the
House, that the House be deemed to have disagreed to the Senate
amendment, agreed to the conference with the Senate, and that
the Speaker appointed conferees without any intervening motion.
The unanimous consent request also provided for a motion to
instruct conferees to be offered on the House Floor during the
week of April 21, 1998, and provided that the managers could
not file a conference report prior to April 22, 1998. H.R. 2400
was received in the Senate on April 2, 1998, and read twice.
    On September 12, 1997, S. 1173, a companion bill, was
introduced in the Senate by Mr. Warner and fourteen cosponsors.
The bill was read twice and referred to the Senate Committee on
Environment and Public Works. On September 17, 1997, the Senate
Committee on Environment and Public Works considered S. 1173
and ordered the bill reported to the Senate, amended. On
October 1, 1997, the Senate Committee on Environment and Public
Works reported S. 1173 to the Senate (S. Rpt. 105-95). The
Senate considered S. 1173 on October 8, October 20, October 21,
October 22, October 23, October 24, October 28, and October 29,
1997. On October 29, 1997, S. 1173 was returned to the Senate
Calendar.
    On February 26, 1998, the Senate began consideration of S.
1173 again, and considered the bill on February 26, February
27, March 2, March 3, March 4, March 5, March 6, March 9, March
10, March 11, and March 12, 1998. On March 12, 1998, the Senate
adopted an modified committee amendment in the nature of a
substitute. S. 1173 was then read for the third time and again
returned to the Senate Calendar. On April 2, 1998, pursuant to
a unanimous consent request agreed to on March 12, 1998, the
Senate proceeded to the immediate consideration of H.R. 2400,
struck all after the enacting clause and inserted in lieu
thereof the text of S. 1173 as amended by the Senate, and
passed H.R. 2400. By unanimous consent, the Senate indefinitely
postponed S. 1173.
    On April 2, 1998, the Senate insisted on its amendment to
H.R. 2400, requested a conference with the House, and appointed
conferees. On April 3, 1998, pursuant to the unanimous consent
agreement of April 1, 1998, the House disagreed to the Senate
amendment to H.R. 2400, agreed to a conference with the Senate,
and appointed conferees. On April 22, 1998, the Speaker
appointed additional conferees from the Committee on Commerce.
On April 23, 1998, the Speaker appointed additional conferees
from the Committee on Science. On May 6, 1998, the Speaker
appointed additional conferees from the Committee on Ways and
Means and the Committee on the Budget. On May 20, 1998, a
motion to instruct conferees passed by a roll call vote of 422
yeas to 0 nays. On May 21, 1998, a motion to instruct conferees
was defeated by a roll call vote of 77 yeas to 332 nays, with 1
voting present. On May 21, 1998, a second motion to instruct
conferees also was defeated by a roll call vote of 156 yeas to
251 nays, with 2 voting present. On May 22, 1998, the
conference report on H.R. 2400 was filed in the House (H. Rpt.
104-550).
    During discussion of the provisions on which Members of the
Committee on Commerce were appointed the managers on the part
of both the House and the Senate agreed to accept Senate
language addressing air bags, with some modifications, and also
to include many of the provisions reauthorizing NHTSA that were
contained in H.R. 2691, the National Highway Traffic Safety
Administration Reauthorization Act of 1998, as passed by the
House. These provisions were included in subtitle (A) of title
VII of the conference report.
    On May 22, 1998, the Committee on Rules met and granted a
rule providing for the consideration of the conference report
on H.R. 2400. The rule was filed in the House as H. Res. 449.
On May 22, 1998, the House passed H. Res. 449 by a roll call
vote of 359 yeas to 29 nays. On May 22, 1998, the House also
agreed to the conference report on H.R. 2400 by a roll call
vote of 397 yeas to 86 nays.
    The Senate agreed to the conference report on H.R. 2400 on
May 22, 1998 by a roll call vote of 85 yeas to 15 nays,
clearing the measure for the President.
    H.R. 2400 was presented to the President on May 28, 1998.
On June 9, 1998, the President signed H.R. 2400 into law
(Public Law 105-178).

               internal revenue service restructuring and

                           reform act of 1998

                     Public Law 105-206 (H.R. 2676)

 (Title IX--Technical Corrections to the Transportation Equity Act for
                           the 21st Century)

    To amend the Internal Revenue Code of 1986 to restructure
and reform the Internal Revenue Service, and for other
purposes.

Summary

    After the passage of the Transportation Equity Act for the
21st Century (TEA 21, Public Law 105-178), a number of
technical errors were discovered in the text, including an
error in the section addressing the ability of the National
Highway Traffic Safety Administration (NHTSA) to lobby State
legislators. The conference report inadvertently left out
language limiting the lobbying restriction to NHTSA, therefore
applying the restriction to the entire Department of
Transportation. Title IX of Public Law 105-206 restores the
language to that intended by the conferees.

Legislative History

    H.R. 2676 was introduced in the House by Mr. Archer and two
cosponsors on October 21, 1997. The bill was referred to the
Committee on Ways and Means, and in addition to the Committee
on Government Reform and Oversight, and the Committee on Rules.
    The Committee on Ways and Means met to consider H.R. 2676
on October 22, 1997, and ordered the bill reported to the
House, amended, by a roll call vote of 33 yeas to 4 nays. On
October 31, 1997, the Committee on Ways and Means reported H.R.
2676 to the House (H. Rpt. 105-364, Part 1). On October 31,
1997, the Committee on Government Reform and Oversight and the
Committee on Rules were discharged from further consideration
of H.R. 2676.
    The Committee on Rules met on November 4, 1997, and granted
a rule providing for the consideration of H.R. 2676. The rule
was filed in the House as H. Res. 303. The House passed H. Res.
303 on November 5, 1997, by a voice vote.
    The House considered H.R. 2676 on November 5, 1997, and
passed the bill by a roll call vote of 426 yeas to 4 nays. On
November 6, 1997, H.R. 2676 was received in the Senate, read
twice, and referred to the Senate Committee on Finance.
    On March 31, 1998, the Senate Committee on Finance met to
consider H.R. 2676, and ordered the bill reported to the
Senate, amended. On April 22, 1998, the Senate Committee on
Finance reported H.R. 2676 to the Senate (S. Rpt. 105-174). The
Senate considered H.R. 2676 on May 5, May 6, and May 7, 1998.
On May 7, 1998, the Senate passed H.R. 2676, amended, by a roll
call vote of 97 yeas to 0 yeas. The Senate insisted on its
amendments to H.R. 2676 and requested a conference with the
House. On May 13, 1998, the Senate appointed conferees.
    On May 22, 1998, the House disagreed to the Senate
amendments to H.R. 2676, agreed to a conference with the
Senate, and appointed conferees. The House, on May 22, 1998,
also agreed, by a roll call vote of 388 yeas to 1 nay, to a
motion to instruct conferees.
    The conference report on H.R. 2676 was filed in the House
on June 24, 1998 (H. Rpt. 105-599). On June 25, 1998, a motion
to recommit the conference report to the conference failed in
the House by a roll call vote of 116 yeas to 292 nays. The
House agreed to the conference report by a roll call vote of
402 yeas to 8 nays on June 25, 1998. On July 7, July 8, and
July 9, 1998, the Senate considered the conference report on
H.R. 2676. On July 9, 1998 the Senate agreed to the conference
report by a roll call vote of 96 yeas to 2 nays.
    H.R. 2676 was presented to the President on July 21, 1998.
The President signed H.R. 2676 into law on July 22, 1998
(Public Law 105-206).

                biomaterials access assurance act of 1998

                  Public Law 105-230 (H.R. 872, S. 648)

    To establish rules governing product liability actions
against raw materials and bulk component suppliers to medical
device manufacturers, and for other purposes.

Summary

    H.R. 872 excludes a biomaterials supplier from liability
for harm to a claimant from an implant unless such supplier is
a manufacturer of the implant, a seller of the implant, or
failed to meet applicable contract requirements or
specifications in providing its biomaterials. A defendant can
move to dismiss itself from an action on the grounds that it is
a biomaterials supplier and it is not liable (1) as a
manufacturer, (2) as a supplier, (3) for furnishing raw
materials or component parts that failed to meet applicable
contractual requirements or specifications, or (4) because the
claimant did not name the manufacturer as a party to the
action. No discovery is allowed in the case after such a motion
to dismiss is filed, except for discovery related to
jurisdictional issues and limited discovery relevant to a claim
that the biomaterials supplier failed to furnish materials or
parts for the implant that met applicable contractual
requirements or specifications.
    The court is required to rule on the motion to dismiss
solely on the basis of the pleadings and any relevant
affidavits submitted, granting such motion unless the claimant
demonstrates that the defendant is not a biomaterials supplier,
or the court determines that the defendant may be liable as a
manufacturer, seller, or for failure to meet applicable
contractual requirements or specifications, or because the
claimant failed to name the manufacturer as a party to the
action.
    A manufacturer or claimant may, within 90 days after entry
of a judgment, file a motion to implead back into the case a
biomaterials supplier who had earlier been dismissed pursuant
to this Act. A biomaterials supplier impleaded after dismissal
may supplement the records of the proceeding, and may only be
found liable to the extent required and permitted under
applicable law.

Legislative History

    On February 27, 1997, Mr. Gekas and 27 cosponsors
introduced H.R. 872 in the House. The bill was referred to the
Committee on the Judiciary, and in addition to the Committee on
Commerce.
    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held a hearing on April 30, 1997 on Product
Liability Reform: How the Legal Fee Structure Affects Consumer
Compensation, specifically focusing on biomaterials issues.
Testimony was received from injured persons with medical
implants relying on biomaterials supplies, an author of a study
on biomaterials supplies availability, a medical device
manufacturer, and patient advocates.
    The Committee on the Judiciary met to consider H.R. 872 on
April 1, 1998, and ordered the bill reported to the House,
amended, by a voice vote. On May 22, 1998, the Committee on the
Judiciary reported H.R. 872 to the House (H. Rpt. 105-549, Part
1). On May 22, 1998, the referral of H.R. 872 to the Committee
on Commerce was extended for a period ending not later than
July 14, 1998.
    On June 17, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection considered H.R. 872, and
approved the bill for Full Committee consideration, amended, by
a voice vote. The Full Committee met in open markup session to
consider H.R. 872 on June 24, 1998, and ordered the bill
reported to the House, as amended, by a voice vote, a quorum
being present. On July 14, 1998, the Committee on Commerce
reported H.R. 872 to the House (H. Rpt. 105-549, Part 2).
    On April 24, 1997, Mr. Gorton and four cosponsors
introduced companion legislation, S. 648, in the Senate. S. 648
was read twice, and referred to the Senate Committee on
Commerce, Science, and Transportation. On May 1, 1997, the
Senate Committee on Commerce, Science, and Transportation
ordered S. 648 reported to the Senate, without amendment. The
Senate Committee on Commerce, Science, and Transportation
reported S. 648 to the Senate on June 19, 1997 (S. Rpt. 105-
32). The Senate began consideration of S. 648 on July 7, 1998,
but did not complete consideration and returned S. 648 to the
Senate Calendar.
    On July 30, 1998, the House considered H.R. 872 under
Suspension of the Rules and passed the bill, amended, by a
voice vote. On July 30, 1998, H.R. 872 was received in the
Senate, read twice, read a third time, and passed by unanimous
consent.
    H.R. 872 was presented to the President on August 4, 1998.
The President signed H.R. 872 into law on August 13, 1998
(Public Law 105-230).

                    fastener quality act amendments

                     Public Law 105-234 (H.R. 3824)

    Amending the Fastener Quality Act to exempt from its
coverage certain fasteners approved by the Federal Aviation
Administration for use in aircraft.

Summary

    Public Law 105-234 amends the Fastener Quality Act (15
U.S.C. Sec. 5401) to exempt fasteners specifically manufactured
or altered for use on an aircraft from certain testing and
certification requirements if the quality and suitability of
those fasteners for that use has been approved by the Federal
Aviation Administration (FAA). The bill declares that such an
exemption shall not apply to fasteners represented by the
fastener manufacturer as having been manufactured in
conformance with standards or specifications established by a
consensus standards organization or a Federal agency other than
the FAA.
    The legislation also delays the implementation of
regulations issued under the Fastener Quality Act by the
National Institute of Standards and Technology (NIST) on April
14, 1998, as well as any other regulations issued relating to
the subject of fasteners, until after June 1, 1999, or 120 days
after the Secretary of Commerce reports to the Committee on
Commerce and the Committee on Science of the House of
Representatives on: (1) changes in fastener manufacturing
processes that have occurred since enactment of the Act; (2) a
comparison of the Act to other regulatory programs that
regulate the various categories of fasteners, and an analysis
of any duplication that exists among programs; and (3) any
further revisions to the Act that may be warranted because of
such reported changes.

Legislative History

    H.R. 3824 was introduced in the House by Mr. Sensenbrenner
and two cosponsors on May 11, 1998. The bill was referred to
the Committee on Science, and in addition to the Committee on
Commerce.
    The Committee on Science met to consider H.R. 3824 on May
13, 1998, and ordered the bill reported to the House, amended,
by a voice vote. On June 3, 1998, the Chairman of the Committee
on Commerce sent a letter to the Chairman of the Committee on
Science indicating that, based on an agreement reached between
the two Committees, and in order to expedite consideration of
this measure by the House, the Committee on Commerce would not
seek an extension of its referral of H.R. 3824, provided such
action would not prejudice the Commerce Committee's future
jurisdictional interests in the legislation, with the
understanding that the Science Committee would make certain
amendments to the measure when it was brought to the House
floor.
    On June 4, 1998, the Chairman of the Committee on Science
sent a letter to the Chairman of the Committee on Commerce
confirming the agreement reached between the two Committees on
H.R. 3824 and acknowledging the Commerce Committee's
jurisdictional concerns and prerogatives with respect to this
bill, and agreeing to make specified changes in the bill before
it was brought to the House floor.
    On June 9, 1998, the Committee on Science reported H.R.
3824 to the House (H. Rpt. 105-574, Part 1). On June 9, 1998,
the referral of H.R. 3824 to the Committee on Commerce was
extended for a period ending not later than June 9, 1998. On
June 9, 1998, the Committee on Commerce was discharged from
further consideration of H.R. 3824.
    On June 16, 1998, the House considered H.R. 3824 under
Suspension of the Rules and passed the bill, amended, by a
voice vote. H.R. 3824 was received in the Senate on June 18,
1998, read twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
    On July 9, 1998, the Senate Committee on Commerce, Science,
and Transportation met to consider H.R. 3824 and ordered the
bill reported to the Senate, amended. On July 27, 1998, the
Senate Committee on Commerce, Science, and Transportation
reported H.R. 3824 to the Senate (S. Rpt. 105-267).
    On July 31, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 3824 and
passed the bill, amended. On August 6, 1998, by unanimous
consent, the House agreed to the Senate amendment to H.R. 3824,
clearing the measure for the President.
    H.R. 3824 was presented to the President on August 10,
1998. The President signed H.R. 3824 into law on August 14,
1998 (Public Law 105-234).

 strom thurmond national defense authorization act for fiscal year 1999

            Public Law 105-261 (H.R. 3616, S. 2057, S. 2060)

               (Telecommunications and Trade Provisions)

    To authorize appropriations for fiscal year 1999 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

    Public Law 105-261 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including provisions dealing with telecommunications and trade
related issues. Members of the Committee on Commerce were
appointed as conferees on these provisions and participated in
the conference negotiations which led to the agreements
contained in H.R. 3616.
    Section 1064 of Public Law 105-261 requires the Secretary
of Defense to report to the defense authorizing committees the
costs to the Department of Defense (DOD) resulting from
reallocations of the radio frequency spectrum authorized by
DOD. The section requires that any entity that purchases any
portion of the radio frequency spectrum previously reserved for
use by any Federal agency, including DOD, and that the Federal
agency has relinquished for sale or lease, shall reimburse the
Federal agency for the cost incurred by the Federal government
to make that portion of the frequency spectrum available. The
section further requires a report in the annual budget request
for each Federal department or agency that incurs costs for
such frequency reallocations. Finally, the section exempts from
the reimbursement requirement those portions of the Federal
radio frequency spectrum identified for reallocation in the
first reallocation report submitted to the President and
Congress, except for reallocations of certain portions of that
spectrum.
    Title XXXVIII of Public Law 105-261, entitled ``Fair Trade
in Automotive Parts,'' sets forth the provisions of the Fair
Trade in Automotive Parts Act of 1998. This title directs the
Secretary of Commerce (the Secretary) to re-establish an
initiative to increase the sale of United States made
automotive parts and accessories to Japanese markets. It also
directs the Secretary to establish a Special Advisory Committee
on automotive parts sales in Japanese and other Asian markets
in order to carry out this title. Functions of this committee
are to include, with respect to sales of United States
automotive parts in Japanese and other Asian markets, reporting
to the Secretary on barriers to sales of such automotive parts,
to review data on such sales, to advise the Secretary on issues
relating to such sales, and to assist the Secretary in
reporting to Congress by submitting an annual report to the
Secretary regarding such sales. The authority for this title
expires on December 31, 2003.

Legislative History

    H.R. 3616 was introduced in the House by Representatives
Spence and Skelton on April 1, 1998, and referred solely to the
Committee on National Security. The Committee on National
Security met to consider H.R. 3616 on May 6, 1998, and ordered
the bill reported to the House, amended, by a voice vote. On
May 12, 1998, the Committee on National Security reported H.R.
3616 to the House (H. Rpt. 105-532).
    The Committee on Rules met on May 14, 1998, and granted a
rule providing for the consideration of H.R. 3616. The rule was
filed in the House as H. Res. 435. On May 19, 1998, the House
passed H. Res. 435 by a voice vote. On May 19, 1998, the
Committee on Rules met and granted a second rule providing for
the further consideration of H.R. 3616. The rule was filed in
House as H. Res. 441. On May 20, 1998, the House passed H. Res.
441 by a roll call vote of 304 yeas to 108 nays.
    The House considered H.R. 3616 on May 19, May 20, and May
21, 1998; and on May 21, 1998, passed the bill, amended, by a
roll call vote of 357 yeas to 60 nays. On May 22, 1998, H.R.
3616 was received in the Senate, read twice, and placed on the
Senate Calendar.
    On May 11, 1998, the Senate Committee on Armed Services
reported an original measure to the Senate, which was
introduced in the Senate by Mr. Thurmond as S. 2060 and placed
on the Senate Calendar (S. Rpt. 105-189). On May 11, 1998, the
Senate Committee on Armed Services reported an original measure
to the Senate, which was introduced in the Senate by Mr.
Thurmond as S. 2057 and placed on the Senate Calendar (No
Written Report).
    The Senate considered S. 2057 on May 13, May 14, June 18,
June 19, June 22, June 23, June 24, and June 25, 1998. On June
25, 1998, the Senate passed S. 2057, amended, by a roll call
vote of 88 yeas to 4 nays. S. 2057 was received in the House on
July 20, 1998, and held at the desk. On October 21, 1998, S.
2057 was referred to the House Committee on National Security.
No further action was taken on S. 2057 in the 105th Congress.
    On June 25, 1998, the Senate, by unanimous consent, took
H.R. 3616 from the Senate Calendar and passed the bill, amended
with the text of S. 2057 as passed by the Senate. The Senate
insisted on its amendment to H.R. 3616, requested a conference
with the House, and appointed conferees.
    On July 22, 1998, the House disagreed to the Senate
amendment to H.R. 3616, agreed to a conference with the Senate,
and appointed conferees. Members of the Committee on Commerce
were appointed as conferees. On July 22, and July 23, 1998, the
House considered a motion to instruct the conferees. On July
23, 1998, the House agreed to a motion to instruct the
conferees by a roll call vote of 424 yeas to 0 nays, with 1
voting present. The House also agreed to a motion to close
portions of the conference by a roll call vote of 412 yeas to 5
nays.
    The conference report on H.R. 3616 was filed in the House
on September 22, 1998 (H. Rpt. 105-736).
    The Committee on Rules met on September 23, 1998, and
granted a rule providing for the consideration of the
conference report on H.R. 3616. The rule was filed in the House
as H. Res. 549. On September 24, 1998, the House passed H. Res.
549 by a voice vote.
    The House agreed to the conference report by a roll call
vote of 373 yeas to 50 nays on September 24, 1998. The Senate
considered the conference report on September 30, and October
1, 1998; and on October 1, 1998, the Senate agreed to the
conference report by a roll call vote of 96 yeas to 2 nays.
    H.R. 3616 was presented to the President on October 6,
1998. The President signed H.R. 3616 into law on October 17,
1998 (Public Law 105-261).

           year 2000 information and readiness disclosure act

                Public Law 105-271 (S. 2392, H.R. 4455)

    To encourage the disclosure and exchange of information
about computer processing problems, test practices and test
results, and related matters in connection with the transition
to the year 2000.

Summary

    S. 2392 provides that no Year 2000 Readiness Disclosure
shall be admissible in any civil action unless the proponent of
admissibility establishes that the Disclosure was knowingly
false or misleading or that the Disclosure was republished from
a third party without disclosure of republication and that no
attempt was made to verify the original statement. S. 2392
prohibits a Year 2000 Disclosure Statement from being
interpreted or construed as an amendment to or alteration of a
written contract or warranty. In addition, S. 2392 authorizes
Federal agencies to request the voluntary provision of
information relating to Year 2000 and to protect such
information from (1) disclosure to any third party, including
disclosure under the Freedom of Information Act, and (2) use in
any civil action.
    S. 2392 provides that antitrust laws shall not apply to
conduct, including making and implementing agreements solely
for the purpose of: (1) facilitating responses intended to
correct or avoid a failure of Year 2000 processing in a
computer system, including computer components and computer
hardware and software; and (2) communicating or disclosing
information to help correct or avoid the effects of Year 2000
processing failure. This antitrust exemption only applies to
conduct that occurs, or an agreement that is made and
implemented, after the date of enactment of this Act and before
July 14, 2001. In addition, this exemption does not apply with
respect to conduct that involves or results in agreements to
boycott any person, allocate a market, or fix prices or output.
    S. 2392 applies to Year 2000 statements made beginning on
July 14, 1998, and ending on July 14, 2001, and to Year 2000
readiness disclosures made beginning on the date of enactment
of this Act and ending on July 14, 2001. A person or entity
that published a Year 2000 statement between January 1, 1996,
and the date of enactment of this Act may designate that Year
2000 statement as a Year 2000 readiness disclosure if: (1) the
Year 2000 statement complied with the requirements of section
3(9) of this Act when made; and (2) within 45 days of enactment
of this Act, the person or entity seeking the designation
provides individual notice that the Year 2000 statement is
being designated as a Year 2000 readiness disclosure and
prominently posts notice on its Year 2000 website.
    In addition, S. 2392 provides that the President's Year
2000 Council may establish and terminate working groups
composed of Federal employees who will engage outside
organizations in discussions to address Year 2000 problems and
share information related to Year 2000 readiness.
    Finally, S. 2392 directs the Administrator of General
Services, in consultation with other Federal agencies, State
and local governments, and other interested parties, to create
and maintain until July 14, 2001, a national Year 2000 Website
designed to assist consumers, small businesses and local
governments in obtaining information from other governmental
websites, hotlines or information clearinghouses about Year
2000 processing.

Legislative History

    S. 2392 was introduced in the Senate by Mr. Bennett and
four cosponsors on June 30, 1998. The bill was read twice and
referred to the Senate Committee on the Judiciary. H.R. 4455, a
companion bill, was introduced in the House by Mr. Dreier and
eleven original cosponsors on August 6, 1998, and referred
solely to the Committee on the Judiciary. On September 29,
1998, the Chairman of the Committee on Commerce sent a letter
to the Speaker of the House indicating that H.R. 4455 included
provisions within the jurisdiction of the House Committee on
Commerce.
    The Senate Committee on the Judiciary met to consider S.
2392 on September 17, 1998, and ordered the bill reported to
the Senate, amended. On the same day, the Senate Committee on
the Judiciary reported S. 2392 to the Senate (No Written
Report).
    On September 28, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of S. 2392, and passed
the bill, amended. S. 2393 was received in the House on
September 29, 1998, and held at the desk.
    On October 1, 1998, the House considered S. 2392 under
Suspension of the Rules, and passed the bill by a voice vote,
clearing the measure for the President.
    S. 2392 was presented to the President on October 8, 1998.
The President signed S. 2392 into law on October 19, 1998
(Public Law 105-271).

         departments of veterans affairs and housing and urban

          development, and independent agencies appropriations

                               act, 1999

                 Public Law 105-276 (H.R. 4194, S. 2168)

                    (Consumer Protection Provisions)

    Making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 1999, and for
other purposes.

Summary

    Public Law 105-276 provides appropriations for Fiscal Year
1999 for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices. Additionally, the Act
includes a number of provisions falling with the jurisdiction
of the Committee on Commerce, including several provisions
dealing with consumer protection issues.
    Section 423 requires the Consumer Product Safety Commission
(CPSC) to contract with the Committee on Toxicology of the
National Academy of Sciences (NAS) to conduct an independent
study of the potential toxicologic risks of all flame-retardant
chemicals identified by the NAS and CPSC as likely candidates
for use in residential upholstered furniture for the purpose of
meeting regulations proposed by CPSC for flame resistance of
residential upholstered furniture. The CPSC is required to
consider the results of this study before promulgating any
notice of proposed rulemaking or final rulemaking setting
flammability standards for residential upholstered furniture.
    Section 429 requires CPSC to propose for comment a
revocation of the amendments to the standards for the
flammability of children's sleepwear, and to issue a final rule
not later than July 1, 1999. Section 429(b) directs the General
Accounting Office to study children's burn incident data
resulting from the ignition of children's sleepwear from small
open flame sources. The United States Fire Administration is
required to conduct a 12-month pilot project to promote the
installation and maintenance of smoke detectors in the
localities of highest risk for residential fires, and then to
transmit the results of its pilot project to CPSC and the
Congress.
    The Chairman worked with the Members of the House and
Senate Appropriations Committees to develop both of these
provisions.

Legislative History

    H.R. 4194 was introduced in the House on July 8, 1998, by
Mr. Lewis, as an original measure, and reported to the House on
the same day by the Committee on Appropriations (H. Rpt. 105-
610). The House considered H.R. 4194 on July 17, July 23, and
July 29, 1998. On July 29, 1998, the House passed H.R. 4194,
amended, by a roll call vote of 259 yeas to 164 nays.
    On June 12, 1998, the Senate Committee on Appropriations
reported S. 2168, a companion bill, to the Senate (S. Rpt. 105-
216). The Senate considered S. 2168 on July 6, July 7, July 16,
and July 17, 1998. On July 17, 1998, the Senate passed S. 2168,
amended, by a voice vote.
    On July 30, 1998, H.R. 4194 was received in the Senate.
Pursuant to a unanimous consent agreement reached on July 16,
1998, the Senate proceeded to the immediate consideration of
H.R. 4194; passed the bill amended with the text of S. 2168, as
passed by the Senate on July 17, 1998; insisted on the Senate
amendment to H.R. 4194; requested a conference with the House;
and appointed conferees. Passage of S. 2168 was then vitiated
and the bill was indefinitely postponed.
    On September 15, 1998, the House disagreed to the Senate
amendment to H.R. 4194, agreed to a conference with the Senate,
and appointed conferees. The House, on September 15, 1998, also
agreed by a roll call vote of 405 yeas to 0 nays to a motion to
instruct the conferees. The conference report on H.R. 4194 was
filed in the House on October 5, 1998 (H. Rpt. 105-769). On
October 6, 1998, the House agreed to the conference report on
H.R. 4194 by a roll call vote of 409 yeas to 14 nays. The
Senate agreed to the conference report on H.R. 4194 on October
8, 1998, by a roll call vote of 96 yeas to 1 nay.
    On October 10, 1998, H.R. 4194 was presented to the
President. On October 21, 1998, the President signed H.R. 4194
into law (Public Law 105-276).

  omnibus consolidated and emergency supplemental appropriations act,
                                  1999

                 Public Law 105-277 (H.R. 4328, S. 2307)

        (Telecommunications and Motor Vehicle Safety Provisions)

    To make omnibus consolidated and emergency appropriations
for the fiscal year ending September 30, 1999, and for other
purposes.

Summary

    Public law 105-277 served as an omnibus continuing
appropriations measure for those Federal agencies that did not
have individual Fiscal Year 1999 appropriations measures
enacted into law. Affected agencies and entities included the
Departments of Agriculture, Justice, Commerce, State, Interior,
Labor, Health and Human Services, Education, Transportation,
and the Treasury. The bill also contained other Federal
appropriations for the District of Columbia, foreign
operations, military readiness, anti-terrorism, Year 2000
conversion of Federal information technology systems, counter-
drug activities and interdiction, and other emergencies.
Additionally, a number of legislative provisions, some within
the jurisdiction of the Committee on Commerce, were included in
Public Law 105-277.

                        Telecommunications Issues

    Public Law 105-277 includes, in Division C-Other Matters,
five titles affecting interstate and foreign communications.
Title XI, entitled ``Moratorium on Certain Taxes,'' provides
that, for a period of three years, no State or political
subdivision shall impose a tax on Internet access, unless such
tax was generally imposed and actually enforced prior to
October 1, 1998. The three year moratorium also applies to a
State's or political subdivision's ability to impose multiple
or discriminatory taxes on electronic commerce. Notwithstanding
the ``generally imposed and actually enforced'' exception to
the three year moratorium, the title adds two additional
exceptions. The first exception states that the moratorium is
not applicable to any entity that knowingly makes a
communication for commercial purposes on the World Wide Web
that is available to minors and contains any material that is
harmful to minors, unless such entity restricts access to
minors. An entity may restrict access to minors by requiring
the use of a credit card, debit account, adult access code,
adult personal identification number, digital certificate, or
any other reasonable measure. The second exception states that
the moratorium is not applicable to an Internet access
provider, unless, at the time of entering into an agreement
with a customer for the provision of Internet access services,
such provider offers the customer screening software that is
designed to permit the customer to limit access to material on
the Internet that is harmful to minors.
    Title XI also provides that during the course of the
moratorium, a 19-member advisory commission shall be assembled
to conduct a thorough study of Federal, State, local, and
international taxation of transactions using the Internet and
Internet access, and other comparable intrastate, interstate
and international sales activities. The commission is required
to report its findings to Congress within 18 months.
    Title XII, entitled ``Other Provisions,'' provides a number
of miscellaneous provisions relating to taxation of the
Internet. For example, this title contains several declarations
that the Internet should be free of new Federal taxes and that
it should be free of foreign tariffs, trade barriers, and other
restrictions. This title also provides that the United States
Trade Representative is required to consider the policies and
practices of each foreign country that constitute significant
barriers to United States electronic commerce.
    Title XIII, entitled ``Children's Online Privacy
Protection,'' prohibits an operator of a website or online
service directed to children, or any operator with actual
knowledge, to collect personal information from a child. Under
this title, the Federal Trade Commission (FTC) is given the
authority to adopt regulations regarding the collection of
certain information from children and to determine when parents
are required to consent to the disclosure of personal
information from children. Also, industry is given the
opportunity to develop self-regulations that would govern the
collection of personal information from children in lieu of the
regulations developed by the FTC. With respect to enforcement,
this title permits the attorney general of each State to bring
a civil action on behalf of the residents of the State for
violations of the FTC regulations. Finally, this title requires
the FTC to review its regulations not later than five years
after the effective date of its initial regulations.
    Title XIV, entitled ``Child Online Protection,'' prohibits
any person from making a communication on the World Wide Web
for commercial purposes to any minor that includes material
that is harmful to minors. Persons violating this title may be
subject to criminal and civil penalties. The title specifically
excludes telecommunications carriers, Internet service
providers, and other entities not involved in the selection or
alteration of the content of the communication from being
subject to the general prohibition. The title also states that
it is an affirmative defense to prosecution if the defendant,
in good faith, has restricted access by minors to material that
is harmful to minors by requiring the use of a credit card,
debit account, adult access code, adult personal identification
code, digital certificate, or any other reasonable measure that
is feasible under available technology. In addition, this title
requires providers of interactive computer service to notify
its customers that parental control protections (such as
computer hardware, software, and filtering services) are
commercially available to assist consumers with limiting access
to material that is harmful to minors. To address other matters
affecting a minor's access to material harmful to minors on the
Internet, Title XIV establishes a temporary commission on
online child protection. The commission is required to study
technological solutions that will help reduce access by minors
to material that is harmful to minors on the Internet. These
technological solutions may also be used to meet the
requirements for use as affirmative defenses under the general
prohibition identified in the title.
    Title XVII, entitled ``Government Paperwork Elimination
Act,'' gives the Office of Management and Budget (OMB) the
authority to provide for the acquisition and use of information
technologies for electronic submission of information to
executive agencies. This authority also includes the ability to
require executive agencies to accept electronic signatures as
part of any electronic submission. The Director of OMB is
required to develop procedures for implementation of this
authority to ensure that executive agencies use and accept
electronic signatures. The Director of OMB, in consultation
with the National Telecommunications and Information
Administration, is also required to conduct an ongoing study on
the use of electronic signatures. The study must consider
paperwork reduction and electronic commerce, individual
privacy, and security and authenticity of transactions.
Periodic reports to Congress on the results of the study are
also required.

                      Motor Vehicle Safety Issues

    Public Law 105-277 includes, in Division A-Omnibus
Consolidated Appropriations, Department of Transportation and
Related Agencies Appropriations Act, 1999, Title III-General
Provisions, Section 351, an amendment to section 30113 of title
49, U.S. Code, to harmonize current safety statutes by bringing
bumper standards within the scope of the National Highway
Traffic Safety Administration's exemption discretion for case-
by-case determinations. This authority was necessary because
several small-volume manufacturers of specialty automobiles
needed the temporary exemptions to remain competitive during
the initial years of vehicle production. The provision does not
grant the Secretary of Transportation (the Secretary) authority
to issue a permanent exemption from the bumper safety
standards, but allows the Secretary to issue temporary waivers,
similar to waivers that may be issued for other motor vehicle
safety standards.

Legislative History

    On July 22, 1998, the Committee on Appropriations ordered
reported an original measure to the House, which was introduced
in the House on July 24, 1998, as H.R. 4328. On July 24, 1998,
the Committee on Appropriations reported H.R. 4328 to the House
(H. Rpt. 105-648).
    The Committee on Rules met on July 28, 1998, and granted a
rule providing for the consideration of H.R. 4328. The rule was
filed in the House as H. Res. 510. On July 29, 1998, the House
passed H. Res. 510 by a voice vote.
    The House considered H.R. 4328 on July 29 and July 30,
1998; and on July 30, 1998, passed the bill, amended, by a roll
call vote of 391 yeas to 25 nays. H.R. 4328 was received in the
Senate on July 30, 1998.
    On July 14, 1998, the Senate Committee on Appropriations
ordered reported an original measure to the Senate as the
Senate companion bill, which was introduced in the Senate by
Mr. Shelby on July 15, 1998 as S. 2307. The Senate Committee on
Appropriations reported S. 2307 to the Senate on July 15, 1998
(S. Rpt. 105-249). The Senate considered S. 2307 on July 23 and
July 24, 1998. On July 24, 1998, by a roll call vote of 90 yeas
to 1 nay, the Senate passed S. 3207, amended.
    On July 30, 1998, pursuant to a unanimous consent request
agreed to on July 23, 1998, the Senate proceeded to the
immediate consideration of H.R. 4328, struck all after the
enacting clause and inserted in lieu thereof the text of S.
2307, as passed by the Senate, and passed H.R. 4328, as
amended. The Senate then insisted on its amendment to H.R.
4328, requested a conference with the House, and appointed
conferees. Finally, on July 30, 1998, the Senate vitiated
passage of S. 2307 and indefinitely postponed further
consideration of that bill.
    On September 15, 1998, the House disagreed to the Senate
amendment to H.R. 4328, agreed to a conference with the Senate,
and appointed conferees. The House, on September 15, 1998, also
agreed to a motion to instruct conferees by a roll call vote of
249 yeas to 161 nays. The conference report on H.R. 4328 was
filed in the House on October 19, 1998 (H. Rpt. 105-825).
    The Committee on Rules met on October 20, 1998, and granted
a rule providing for the consideration of the conference report
on H.R. 4328. The rule was filed in the House as H. Res. 605.
On October 20, 1998, the House passed H. Res. 605 by a roll
call vote of 333 yeas to 88 nays.
    The House agreed to the conference report on H.R. 4328 by a
roll call vote of 333 yeas to 95 nays on October 20, 1998. The
Senate agreed to the conference report by a roll call vote of
65 yeas to 29 nays on October 21, 1998.
    H.R. 4328 was presented to the President on October 21,
1998. The President signed H.R. 4328 into law on October 21,
1998 (Public Law 105-277).

               armored car reciprocity amendments of 1998

                      Public Law 105-287 (H.R. 624)

    To amend the Armored Car Industry Reciprocity Act of 1993
to clarify certain requirements and to improve the flow of
interstate commerce.

Summary

    Public Law 105-287 amends section 3 of the Armored Car
Industry Reciprocity Act of 1993 (15 U.S.C. Sec. 5902) to
provide that if an armored car crew member employed by an
armored car company: (1) has a weapons permit issued by an
appropriate State agency in the State in which the crew member
is primarily employed to carry a weapon or weapons while in the
service of such company and the State meets the statute's
minimum criteria; and (2) has met all other applicable
requirements in the State in which the crew member is employed,
then that crew member shall be entitled to lawfully carry any
weapon authorized by the license and function as an armored car
crew member in any State.
    Further, it clarifies the minimum requirements for States'
licenses to be granted reciprocity. When issuing an initial
license to an armored car crew member, the State must determine
to its satisfaction that (1) the crew member has received both
classroom and range training in weapons safety and marksmanship
during the current year, and (2) that receipt or possession of
a weapon by the crew member would not violate Federal law, as
determined on the basis of a criminal records background check
conducted during the current year. When issuing renewal
licenses, the State must determine to its satisfaction that the
crew member (1) received continuing training in weapons safety
and marksmanship from a qualified instructor for each weapon
that the crew member is licensed to carry, and (2) the receipt
or possession of a weapon by the crew member would not violate
Federal law, as determined by the agency.

Legislative History

    H.R. 624 was introduced in the House by Representatives
Whitfield, Oxley, and Manton on February 6, 1997. The bill was
referred solely to the Committee on Commerce.
    On February 11, 1997, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held a
hearing on H.R. 624, at which the Subcommittee received
testimony from a representative of an industry association and
a State regulator. Immediately following the hearing on
February 11, 1997, the Subcommittee met in open markup session
and approved H.R. 624 for Full Committee consideration, without
amendment, by a voice vote.
    The Full Committee met in open markup session to consider
H.R. 624 on February 13, 1997, and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. On February 25, 1997, the Committee on Commerce
reported H.R. 624 to the House (H. Rpt. 105-6).
    The House considered H.R. 624 on February 25, 1997, under
Suspension of the Rules, and passed the bill by a roll call
vote of 416 yeas to 0 nays. On February 27, 1997, H.R. 624 was
received in the Senate, read twice, and referred to the Senate
Committee on Commerce, Science, and Transportation.
    The Senate Committee on Commerce, Science, and
Transportation met to consider H.R. 624, on November 4, 1997,
and ordered the bill reported to the Senate, without amendment.
On September 1, 1998, the Senate Committee on Commerce,
Science, and Transportation reported H.R. 624 to the Senate (S.
Rpt. 105-297). On October 9, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 624,
and passed the bill without amendment, clearing the measure for
the President.
    H.R. 624 was presented to the President on October 20,
1998. The President signed H.R. 624 into law on October 27,
1998 (Public Law 105-287).

                    digital millennium copyright act

                 Public Law 105-304 (H.R. 2281, S. 2037)

    To amend title 17, United States Code, to implement the
World Intellectual Property Organization Copyright Treaty and
Performances and Phonograms Treaty, and for other purposes.

Summary

    The Committee on Commerce is in the midst of a wide-ranging
review of all issues relating to electronic commerce, including
the issues raised by this legislation. The growth of electronic
commerce is having a profound impact on the nation's economy.
Over the past decade, the information technology sector of our
economy has grown rapidly and is seen by many as playing a
leading role in the current economic expansion.
    Exercising its jurisdiction under the Commerce Clause of
the Constitution and under the applicable precedents of the
House, the Committee on Commerce has a long and well-
established role in assessing the impact of possible changes in
law on the use and the availability of the products and
services that have made our information technology industry the
envy of the world. The Committee therefore paid particular
attention to the impacts on electronic commerce of the bill
produced by the Senate and the House Judiciary Committees.
    Much like the agricultural and industrial revolutions that
preceded it, the digital revolution has unleashed a wave of
economic prosperity and job growth. Today, the U.S. information
technology industry is developing exciting new products to
enhance the lives of individuals throughout the world, and our
telecommunications industry is developing new means of
distributing information to these consumers in every part of
the globe. In this environment, the development of new laws and
regulations could well have a profound impact on the growth of
electronic commerce.
    Article 1, section 8, clause 8 of the United States
Constitution authorizes the Congress to promulgate laws
governing the scope of proprietary rights in, and use
privileges with respect to, intangible ``works of authorship.''
As set forth in the Constitution, the fundamental goal is
``[t]o promote the Progress of Science and useful Arts . . .''
In the more than 200 years since enactment of the first Federal
copyright law in 1790, the maintenance of this balance has
contributed significantly to the growth of markets for works of
the imagination as well as the industries that enable the
public to have access to and enjoy such works.
    Congress has historically advanced this constitutional
objective by regulating the use of information--not the devices
or means by which the information is delivered or used by
information consumers--and by ensuring an appropriate balance
between the interests of copyright owners and information
users. Section 106 of the Copyright Act of 1976, 17 U.S.C. 106,
for example, establishes certain rights copyright owners have
in their works, including limitations on the use of these works
without their authorization. Sections 107 through 121 of the
Copyright Act, 17 U.S.C. 107-121, set forth the circumstances
in which such uses will be deemed permissible or otherwise
lawful even though unauthorized. In general, all of these
provisions are technology neutral. They do not regulate
commerce in information technology. Instead, they prohibit
certain actions and create exceptions to permit certain conduct
deemed to be in the greater public interest, all in a way that
balances the interests of copyright owners and users of
copyrighted works.
    As proposed by the Clinton Administration, however, the
anti-circumvention provisions to implement the World
Intellectual Property Organization (WIPO) treaties would have
represented a radical departure from this tradition. In the
view of the Committee, there was no need to create such risks,
including the risk that enactment of the bill could establish
the legal framework that would inexorably create a ``pay-per-
use'' society. Thus, the Committee on Commerce endeavored to
specify, with as much clarity as possible, how the anti-
circumvention right, established in title 17 but outside of the
Copyright Act, would be qualified to maintain balance between
the interests of content creators and information users. The
Committee considered it particularly important to ensure that
the concept of fair use remain firmly established in the law,
and that consumer electronics, telecommunications, computer,
and other legitimate device manufacturers have the freedom to
design new products without being subjected to the threat of
litigation for making design decisions.
    Title I of H.R. 2281, as enacted, in lieu of a new
statutory prohibition against the act of circumvention, creates
a rulemaking proceeding intended to ensure that persons
(including institutions) will continue to be able to get access
to copyrighted works in the future. Given the overall concern
of the Committee that the Administration's original proposal
created the potential for the development of a ``pay-per-use''
society, the Committee on Commerce felt strongly about the need
to establish a mechanism that would ensure that libraries,
universities, and consumers generally would continue to be able
to exercise their fair use rights and the other exceptions that
have ensured access to works. Under section 1201(a)(1)(C), the
Librarian of Congress must make certain determinations based on
the recommendation of the Register of Copyrights, who must
consult with the Assistant Secretary of Commerce for
Communications and Information before making any such
recommendations, which must be made on the record. The
Committee ensured that the Assistant Secretary would have a
substantial and meaningful role in making fair use and related
decisions, and that his or her views would be made a part of
the record.
    Title I also makes it illegal to manufacture, import, offer
to the public, provide, or otherwise traffic in so-called
``black boxes''--devices with no substantial non-infringing
uses that are expressly intended to facilitate circumvention of
technological measures for purposes of gaining access to or
making a copy of a work. Section 1201(a)(3) defines
``circumvent a technological protection measure,'' and when a
technological protection measure ``effectively controls access
to a work.''
    Title I similarly defines ``circumvent protection afforded
by a technological measure,'' and when a technological measure
``effectively protects a right of a copyright owner under title
17, United States Code.'' Section 1201(c)(3) provides that
nothing in section 1201 requires that the design of, or design
and selection of parts and components for, a consumer
electronics, telecommunications, or computer product provide
for a response to any particular technological measure, so long
as the device does not otherwise violate section 1201.
    Finally, Title I requires that certain analog recording
devices respond to two forms of copy control technology that
are in wide use in the market today. Neither employs encryption
or scrambling of the content being protected, but they have
been subject to extensive multi-industry consultations,
testing, and analysis.
    Title II of H.R. 2281, as enacted, exempts on-line service
providers (OSPs) (e.g., Bell Atlantic, AT&T, America OnLine)
from copyright liability to the extent that an OSP could
qualify for one of two ``safe harbors.'' The first safe harbor
covers fact situations where the OSP is serving as a mere
conduit for copyrighted material. Specifically, an OSP would
not be liable for infringement where it could demonstrate (1)
that it merely transmitted copyrighted material over its own
network at the request of a third party, (2) that the
transmission, and any storage (or ``copying'') of material
along the way, occurs through an indiscriminate technological
process (i.e., the OSP takes no part in the selection of the
copyrighted material), and (3) the material is stored for a
period no longer than necessary to carry out the transmission.
    The second safe harbor covers instances where the OSP
stores copyrighted material on its network at the direction of
another user. In particular, an OSP would not be liable for
infringement where it could demonstrate (1) that it did not
have actual or constructive knowledge that the material stored
on its network is infringing material, and (2) it is not
receiving a financial benefit that is directly attributable to
infringing activity.

Legislative History

    H.R. 2281 was introduced in the House by Representatives
Coble Hyde, Conyers, and Frank of Massachusetts on July 29,
1997. The bill was referred solely to the Committee on the
Judiciary.
    The Committee on the Judiciary met to consider H.R. 2281 on
April 1, 1998, and ordered the bill reported to the House,
amended, by a voice vote. On May 22, 1998, the Committee on the
Judiciary reported H.R. 2281 to the House (H. Rpt. 105-551,
Part 1). On May 22, 1998, the bill was referred to the
Committee on Commerce and the Committee on Ways and Means,
sequentially, for a period ending not later than June 19, 1998.
    On June 5, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held a legislative hearing on
H.R. 2281. On June 17 and June 18, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection met in open
markup session to consider H.R. 2281. On June 18, 1998, the
Subcommittee approved H.R. 2281 for Full Committee
consideration, amended, by a voice vote.
    In light of the serious concerns raised at the hearing, and
in recognition of the complexity of the issues posed by the
legislation, the Chairman of the Committee on Commerce
requested that the Committee's referral be further extended. On
June 19, 1998, the referral of H.R. 2281 to the Committee on
Commerce and the Committee on Ways and Means was extended for a
period ending not later than June 26, 1998. On June 26, 1998,
the referral of H.R. 2281 to the Committee on Commerce and the
Committee on Ways and Means was extended for a period ending
not later than July 21, 1998. On July 21, 1998, the referral of
H.R. 2281 to the Committee on Commerce and the Committee on
Ways and Means was extended for a period ending not later than
July 22, 1998.
    On July 17, 1998, the Full Committee met in open markup
session and ordered H.R. 2281 reported to the House, amended,
by a roll call vote of 41 yeas to 0 nays. The Committee on
Commerce reported H.R. 2281 to the House on July 22, 1998 (H.
Rpt. 105-551, Part 2). The Committee on Ways and Means was
discharged from further consideration of H.R. 2281 on July 22,
1998.
    The House considered H.R. 2281 under Suspension of the
Rules on August 4, 1998, and passed the bill by a voice vote.
On August 31, 1998, H.R. 2281 was received in the Senate, read
twice, and placed on the Senate calendar.
    Previously, on May 6, 1998, the Senate Committee on the
Judiciary reported an original measure to the Senate as
companion legislation, which was introduced in the Senate by
Mr. Hatch as S. 2037. On May 11, 1998, the Senate Committee on
the Judiciary filed a report in the Senate (S. Rpt. 105-190).
The Senate considered S. 2037 on May 14, 1998, and passed the
bill, amended, by a roll call vote of 99 yeas to 0 nays.
    On September 17, 1998, the Senate, by unanimous consent,
took H.R. 2281 from the Senate calendar and passed the bill,
amended with the text of S. 2037 as passed by the Senate. The
Senate then insisted on its amendment to H.R. 2281, requested a
conference with the House, and appointed conferees. On
September 17, 1998, the Senate vitiated passage of S. 2037 and
indefinitely postponed further consideration of the bill.
    On September 23, 1998, the House disagreed to the Senate
amendment to H.R. 2281, agreed to a conference with the Senate,
and appointed conferees. Members of the Committee on Commerce
were appointed as conferees. The conference report on H.R. 2281
was filed in the House on October 8, 1998 (H. Rpt. 105-796).
    On October 8, 1998, the Senate, by unanimous consent,
proceeded to the immediate consideration of the conference
report on H.R. 2281 and agreed to the conference report. The
House considered the conference report under Suspension of the
Rules on October 12, 1998, and agreed to the conference report
by a voice vote.
    H.R. 2281 was presented to the President on October 20,
1998. The President signed H.R. 2281 into law on October 28,
1998 (Public Law 105-304).

              next generation internet research act of 1998

                 Public Law 105-305 (H.R. 3332, S. 1609)

    To amend the High-Performance Computing Act of 1991 to
authorize appropriations for fiscal years 1999 and 2000 for the
Next Generation Internet program, to require the President's
Information Technology Advisory Committee to monitor and give
advice concerning the development and implementation of the
Next Generation Internet program and report to the President
and the Congress on its activities, and for other purposes.

Summary

    Public Law 105-305 authorizes appropriations to the
Department of Defense, the Department of Energy, the National
Aeronautics and Space Administration, the National Institutes
of Health, the National Institute of Standards and Technology
and the National Science Foundation for the Next Generation
Internet initiative. The purpose of this initiative is to
foster the development and deployment of advanced Internet
technologies, networks, and applications.

Legislative History

    S. 1609 was introduced in the Senate by Mr. Frist on
February 4, 1998. The bill was read twice and referred to the
Senate Committee on Commerce, Science, and Transportation. On
March 12, 1998, the Senate Committee on Commerce, Science, and
Transportation met to consider S. 1609, and ordered the bill
reported to the Senate, without amendment, by a voice vote. On
April 2, 1998, the Senate Committee on Commerce, Science, and
Transportation reported S. 1609 to the Senate (S. Rpt. 105-
173).
    By unanimous consent, on June 26, 1998, the Senate
proceeded to the immediate consideration of S. 1609, and passed
the bill, amended. S. 1609 was received in the House on July
14, 1998, and held at the desk. On October 21, 1998, S. 1609
was referred solely to the House Committee on Science. No
further action was taken on S. 1609 in the 105th Congress.
    H.R. 3332, a companion bill, was introduced in the House by
Representatives Sensenbrenner and Brown of California on March
4, 1998. The bill was referred solely to the Committee on
Science. On May 13, 1998, the Committee on Science met to
consider H.R. 3332 and ordered the bill reported to the House,
amended, by a voice vote.
    On September 11, 1998, the Chairman of the Committee on
Commerce sent a letter to the Chairman of the Committee on
Science, indicating that H.R. 3332 included provisions within
the jurisdiction of the Commerce Committee. The Chairman
further stated that the Commerce Committee had reviewed the
action taken by the Science Committee and, in order to expedite
consideration of this measure, the Commerce Committee would not
insist on its right to a sequential referral of H.R. 3332,
provided that the waiver of its right to a sequential referral
would not prejudice the Commerce Committee's future
jurisdictional interests in the legislation. The Commerce
Committee also reserved its authority to seek conferees on the
provisions of the bill that are within the Commerce Committee's
jurisdiction during any House-Senate conference that would be
convened on the legislation. On September 11, 1998, the
Chairman of the Committee on Science sent a letter to the
Chairman of the Commerce Committee acknowledging the Commerce
Committee's jurisdictional concerns with regards to H.R. 3332
and the Commerce Committee's prerogatives with respect to this
bill.
    The House considered H.R. 3332 under Suspension of the
Rules on September 14, 1998, thereby discharging the Committee
on Science from further consideration of the bill. H.R. 3332
passed the House by a voice vote. On September 15, 1998, H.R.
3332 was received in the Senate, read twice, and referred to
the Senate Committee on Commerce, Science, and Transportation.
On October 8, 1998, by unanimous consent, the Senate Committee
on Commerce, Science, and Transportation was discharged from
further consideration of H.R. 3332. By unanimous consent, the
Senate then proceeded to the immediate consideration of H.R.
3332, and passed the bill without amendment, clearing the
measure for the President.
    H.R. 3332 was presented to the President on October 20,
1998. The President signed H.R. 3332 into law on October 28,
1998 (Public Law 105-305).

        protection of children from sexual predators act of 1998

                     Public Law 105-314 (H.R. 3494)

    To amend title 18, United States Code, to protect children
from sexual abuse and exploitation, and for other purposes.

Summary

    The purpose of H.R. 3494 is to strengthen existing law to
prevent children from exploitation and criminal activity. As
enacted into law, H.R. 3494 contains several provisions which
fall within the jurisdiction of the Committee on Commerce.
These provisions were specifically identified in a statement
inserted in the Congressional Record on October 21, 1998, by
the Chairman of the Committee on Commerce expressing support
for the passage of H.R. 3494 and observing the Commerce
Committee's jurisdiction over sections 401 and 901. Section 401
prohibits the transfer of obscene material to minors (those
under the age of 16). Section 901 provides for the Attorney
General to contract with the National Academy of Sciences to
conduct a study of computer-based technologies and other
methods to address the problem of access to pornography by
children.

Legislative History

    H.R. 3494 was introduced in the House by Mr. McCollum and
fifteen cosponsors on March 18, 1998. The bill was referred
solely to the Committee on the Judiciary.
    The Committee on the Judiciary met to consider H.R. 3494 on
May 6, 1998, and ordered the bill reported to the House,
amended, by a voice vote. On June 3, 1998, the Committee on the
Judiciary reported H.R. 3494 to the House (H. Rpt. 105-557).
    The Committee on Rules met on June 10, 1998, and granted a
rule providing for the consideration of H.R. 3494. The rule was
filed in the House as H. Res. 465. On June 11, 1998, the House
passed H. Res. 465 by a voice vote.
    The House considered H.R. 3494 on June 11, 1998, and passed
the bill, amended, by a roll call vote of 416 yeas to 0 nays,
with 1 voting present. On June 16, 1998, H.R. 3494 was received
in the Senate, read twice, and referred to the Senate Committee
on the Judiciary.
    The Senate Committee on the Judiciary met on September 17,
1998, to consider H.R. 3494 and ordered the bill reported to
the Senate, amended, by a voice vote. On September 17, 1998,
the Senate Committee on the Judiciary reported H.R. 3494 to the
Senate (No Written Report).
    On October 9, 1998, the Senate, by unanimous consent,
proceeded to the immediate consideration of H.R. 3494 and
passed the bill, amended. On October 12, 1998, the House
considered H.R. 3494 under Suspension of the Rules and agreed
to the Senate amendment to H.R. 3494 by a roll call vote of 400
yeas to 0 nays, with 2 voting present, clearing the measure for
the President.
    H.R. 3494 was presented to the President on October 20,
1998. The President signed H.R. 3494 into law on October 30,
1998 (Public Law 105-314).

           national salvage motor vehicle consumer protection

                              act of 1997

                           (H.R. 1839, S. 852)

    To establish nationally uniform requirements regarding the
titling and registration of salvage, nonrepairable, and rebuilt
vehicles.

Summary

    H.R. 1839 is intended to reduce motor vehicle titling fraud
and improve consumer protection by establishing nationally
uniform definitions and procedures for the titling,
registration, and transfer of salvage, rebuilt salvage, and
nonrepairable vehicles. H.R. 1839 conditions a State's
participation in the National Motor Vehicle Title Information
System (NMVTIS), a Federal computer system designed to assist
States in locating information about automobile titling
documents issued by other States, on a State's adoption of
uniform definitions and procedures for the titling and
registration of salvage, nonrepairable, and rebuilt
automobiles. By participating in the NMVTIS, the State adopts
the uniform definitions of salvage vehicle, nonrepairable
vehicle, rebuilt salvage vehicle, and other terms, as well as
procedures for issuing those titling documents.

Legislative History

    H.R. 1839 was introduced in the House by Mr. White and four
cosponsors on June 10, 1997. The bill was referred to the
Committee on Commerce, and in addition to the Committee on the
Judiciary.
    On June 26, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held a hearing on H.R. 1839. The
Subcommittee received testimony from representatives of the
National Highway Traffic Safety Administration, insurance
companies, national associations, and a State attorneys
association.
    On July 16, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection met in open markup session and
approved H.R. 1839, amended, for Full Committee consideration,
by a voice vote. On July 23, 1997, the Full Committee met in
open markup session and ordered H.R. 1839 reported to the
House, amended, by a voice vote, a quorum being present. The
Committee on Commerce reported H.R. 1839 to the House on
September 30, 1997 (H. Rpt. 105-285, Part 1). The referral of
H.R. 1839 to the Committee on the Judiciary was extended for a
period ending not later than September 30, 1997. On September
30, 1997, the Committee on the Judiciary was discharged from
further consideration of H.R. 1839.
    The House considered H.R. 1839 under Suspension of the
Rules on November 4, 1997, and passed the bill by a roll call
vote of 336 yeas to 72 nays. On November 5, 1997, H.R. 1839 was
received in the Senate. On November 13, 1997, H.R. 1839 was
read twice and referred to the Senate Committee on Commerce,
Science, and Transportation. No further action was taken by the
Senate on H.R. 1839 in the 105th Congress.
    S. 852, a companion bill, was introduced in the Senate by
Senators Lott and Ford on June 9, 1997, read twice, and
referred to the Senate Committee on Commerce, Science, and
Transportation. On November 4, 1997, the Senate Committee on
Commerce, Science, and Transportation ordered S. 852 reported
to the Senate, amended. The Senate Committee on Commerce,
Science, and Transportation reported S. 852 to the Senate on
July 27, 1998 (S. Rpt. 105-265).
    On October 2, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of S. 852 and passed
the bill, amended. On October 5, 1998, S. 852 was received in
the House and held at the desk.
    The House considered S. 852 under Suspension of the Rules
on October 9 and October 10, 1998. On October 10, 1998, the
House passed S. 852, amended, by a roll call vote of 271 yeas
to 133 nays, with 2 voting present.
    On October 12, 1998, S. 852 was returned to the Senate and
held it at the desk. No further action was taken by the Senate
on S. 852 in the 105th Congress.

   telecommunications competition and consumer protection act of 1998

                          (H.R. 3888, S. 1618)

    To amend the Communications Act of 1934 to improve the
protection of consumers against ``slamming'' by
telecommunications carriers, and for other purposes.

Summary

    H.R. 3888, as passed by the House, has two key provisions.
First, the legislation enacts a non-regulatory solution to the
problem of ``slamming,'' which is the unauthorized changing of
a consumer's provider of telephone exchange service or
telephone toll service. The bill directs the Federal
Communications Commission (FCC), in consultation with the
Federal Trade Commission (FTC), industry and consumer groups,
to establish a voluntary code of subscriber practices to combat
slamming. The code established strong incentives for carriers
to regulate their own solicitation practices and to provide
consumers with adequate recourse in the event that their
carrier selection is switched without their consent. To the
extent carriers either choose not to comply with the code, or
otherwise violate its terms, the bill requires the FCC to
impose more stringent rules and penalties on those carriers.
    Second, the bill resolves outstanding rural cellular
license disputes that have limited competitive wireless
providers in three markets. In 1986, having assigned licenses
in the nation's largest markets, the FCC established geographic
boundaries for over 400 rural service areas (RSAs). The
Commission created two frequency allocations for each of these
RSAs: the B-block frequencies for incumbent wireline carriers
(i.e., the local telephone providers), and A-block frequencies
for other applicants. The Commission employed a lottery system
in these markets in order to award licenses as quickly as
possible. In 1992, the FCC disqualified the 1988 applications
submitted by three lottery-winning partnerships in three RSAs
located in parts of Minnesota, Florida, and Pennsylvania. The
FCC concluded that the partnerships had not complied with
foreign ownership restrictions under its interpretation of the
Communications Act of 1934. The FCC did not allow the companies
to amend their applications and bring themselves into
compliance, in contrast to similarly situated applicants who
had also participated in the same lotteries but were permitted
to correct foreign ownership interests. Today, twelve years
after it first established RSAs, the FCC still has not awarded
permanent cellular licenses in the three RSAs. H.R. 3888
requires the FCC to reinstate the disqualified applicants and
assign the applicants as the tentative selectees in those
markets. It also requires the Commission to allow the
applicants to amend their original applications. Further, the
bill requires the FCC to award permanent licenses for those
markets within 90 days of enactment, with the selected licensee
paying a fee established by the bill.

Legislative History

    S.1618 was introduced in the Senate by Mr. McCain and five
cosponsors on February 9, 1998, read twice, and referred to the
Senate Committee on Commerce, Science, and Transportation. On
March 12, 1998, the Senate Committee on Commerce, Science, and
Transportation ordered S. 1618 reported to the Senate, amended.
The Senate Committee on Commerce, Science, and Transportation
reported S. 1618 to the Senate on May 5, 1998 (S. Rpt. 105-
183).
    On May 12, 1998, by unanimous consent, the Senate proceeded
to the immediate consideration of S. 1618 and passed the bill,
amended, by a roll call vote of 99 yeas to 0 nays. S. 1618 was
received in the House and held at the desk on May 13, 1998. On
October 21, 1998, S. 1618 was referred to the Committee on
Commerce. No further action was taken on S. 1618 in the 105th
Congress.
    H.R. 3888, the House companion bill, was introduced in the
House by Mr. Tauzin and seven cosponsors on May 14, 1998. The
bill was referred solely to the Committee on Commerce.
    On June 23, 1998 and September 18, 1998, the Subcommittee
on Telecommunications, Trade, and Consumer Protection held a
legislative and an oversight hearing on the bill, respectively.
Testimony was received from Members of Congress, Federal
regulators, and representatives of industry trade groups,
telecommunications companies, and consumer groups.
    On August 6, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection met in open markup session to
consider H.R. 3888 and approved the bill for Full Committee
consideration, amended, by a voice vote, a quorum being
present. On September 24, 1998, the Full Committee met in open
markup session and ordered H.R. 3888 reported to the House,
amended, by a voice vote. The Committee on Commerce reported
H.R. 3888 to the House on October 8, 1998 (H. Rpt. 105-801).
    The House considered H.R. 3888 under Suspension of the
Rules on October 12, 1998, and passed the bill, amended, by a
voice vote. H.R. 3888 was received in the Senate on October 13,
1998, and held at the desk. No further action was taken by the
Senate on H.R. 3888 in the 105th Congress.

                wireless privacy enhancement act of 1998

                               (H.R. 2369)

    To amend the Communications Act of 1934 to strengthen and
clarify prohibitions on electronic eavesdropping, and for other
purposes.

Summary

    The purpose of H.R. 2369 is to enhance the privacy of users
of cellular and other mobile communications services. This
legislation is necessary to prohibit modification of currently
available scanners and to prevent the development of a market
for new digital scanners capable of intercepting digital
communications.
    First, the bill extends current scanning receiver
manufacturing restrictions to prevent the manufacture of
scanners that are capable of intercepting communications in
frequencies allocated to new wireless communications, namely
personal communications services and protected paging and
specialized mobile radio services. Second, the bill adds a
prohibition on the modification of scanners and requires the
Federal Communications Commission (FCC) to strengthen its rules
to prevent the modification of scanning receivers, including
through adopting additional requirements to prevent the
tampering of scanning receivers. Third, the bill makes it
unacceptable to intentionally intercept or divulge the content
of private radio communications. Lastly, the bill improves the
enforcement of privacy law by increasing the penalties
available for violators and requiring the FCC to move
expeditiously on investigations of potential violations.

Legislative History

    H.R. 2369 was introduced in the House by Mr. Tauzin and
five cosponsors on July 31, 1997. The bill was referred solely
to the Committee on Commerce.
    The Subcommittee held an oversight hearing on cellular
privacy on February 5, 1997. Testimony was received from
representatives of Federal agencies, equipment manufacturers,
industry trade groups, privacy advocates, and law enforcement
officials.
    On October 29, 1997, the Subcommittee met in open markup
session to consider H.R. 2369, and approved the bill, amended,
for Full Committee consideration, by a voice vote. On February
26, 1998, the Full Committee met in open markup session to
consider H.R. 2369 and ordered the bill reported to the House,
as amended, by a voice vote, a quorum being present. The
Committee reported H.R. 2369 to the House on March 3, 1998 (H.
Rpt. 105-425).
    The Committee on Rules met on March 4, 1998, and granted a
rule providing for the consideration of H.R. 2369. The rule was
filed in the House as H. Res. 377. On March 5, 1998, the House
passed H. Res. 377 by a voice vote.
    The House considered H.R. 2369 on March 5, 1998 and passed
the bill, amended, by a roll call vote of 414 yeas to 1 nay.
    H.R. 2369 was received in the Senate on March 5, 1998, read
twice, and referred to the Senate Committee on Commerce,
Science, and Transportation. No further action was taken by the
Senate on H.R. 2369 in the 105th Congress.

 national highway traffic safety administration reauthorization act of
                                  1998

                               (H.R. 2691)

    To reauthorize and improve the operations of the National
Highway Traffic Safety Administration.

Summary

    H.R. 2691 authorizes appropriations, places a restriction
on the ability of the National Highway Traffic Safety
Administration (NHTSA) to lobby State and local legislators,
directs NHTSA to publicize information regarding the risks and
benefits of safety equipment, provides decision criteria for
occupant protection standards, authorizes certain activities to
harmonize domestic and international motor vehicle safety
standards, amends the American Automobile Labeling Act (49
U.S.C. Sec. 32304), and also makes other miscellaneous and
technical amendments to NHTSA's authorizing statutes.
    The legislation also reinstates NHTSA's authority to exempt
certain motor vehicles imported for show or display from
certain applicable motor vehicle safety standards, and directs
NHTSA to conduct a study of the potential benefit of requiring
the installation of a safety device in the trunk compartment to
release the trunk lid from the inside.

Legislative History

    H.R. 2691 was introduced in the House by Mr. Tauzin on
October 22, 1997. The bill was referred solely to the Committee
on Commerce.
    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held a legislative hearing on H.R. 2691 on October
29, 1997. The Subcommittee heard testimony from representatives
of the National Highway Traffic Safety Administration, the
automobile industry, and public safety groups. Immediately
following the hearing on October 29, 1997, the Subcommittee on
Telecommunications, Trade, and Consumer Protection met in open
markup session to consider H.R. 2691 and approved the bill for
Full Committee consideration, amended, by a voice vote.
    The Full Committee met in open markup session to consider
H.R. 2691 on March 25, 1998, and ordered the bill reported to
the House, amended, by a voice vote, a quorum being present.
The Committee on Commerce reported H.R. 2691 to the House on
April 1, 1998 (H. Rpt. 105-447).
    The House considered H.R. 2691 under Suspension of the
Rules on April 21, 1998, and passed the bill, amended, by a
voice vote. H.R. 2691 was received in the Senate on April 22,
1998, read twice, and referred to the Senate Committee on
Commerce, Science, and Transportation.
    No further action was taken on H.R. 2691 in the 105th
Congress. However, many of the legislative provisions of H.R.
2691 were included in H.R. 2400, as passed by the House and
Senate, and enacted into law as Public Law 105-178. For the
legislative history of H.R. 2400, see the discussion of the
Transportation Equity Act for the 21st Century in this section.
Additionally, a technical correction to Public Law 105-178
relating to the restriction on NHTSA's ability to lobby State
and local legislators was included in both H.R. 3978, the TEA
21 Restoration Act, as passed by the House, and H.R. 2676, the
Internal Revenue Service Restructuring and Reform Act of 1998,
as enacted into law (Public Law 105-206). For the legislative
history of H.R. 3978 and H.R. 2676, see the discussion of those
bills in this section.

   communications satellite competition and privatization act of 1998

                          (H.R. 1872, S. 2365)

    To amend the Communications Satellite Act of 1962 to
promote competition and privatization in satellite
communications, and for other purposes.

Summary

    The fundamental purposes of the bill are to encourage
privatization of the intergovernmental satellite organizations
(IGOs) that dominate international satellite communications and
to promote a robustly competitive satellite communications
marketplace. The bill eliminates the provision of commercial
satellite communications by intergovernmental organizations.
The bill also ensures that the privatized entities be
independent of the IGO ``signatories.'' By privatizing INTELSAT
and Inmarsat as outlined in H.R. 1872, the unfair advantages
now enjoyed by these organizations would be eliminated, in
favor of a level playing field for all competitors. This in
turn would bring consumers lower prices, higher service
quality, improved efficiency, innovative new products, and more
choice.
    The bill promotes the privatization of INTELSAT and
Inmarsat by using the incentive of access to the U.S.
marketplace if the IGOs privatize in an expeditious and pro-
competitive manner. The bill is also designed to eliminate any
unfair advantages of IGOs or their spin-offs or successors over
their competitors gained through their intergovernmental
status. Pro-competitive privatizations are sought by requiring
the Federal Communications Commission (FCC) to determine that
the IGOs and their privatized ``successor'' or ``separated''
follow-ons have been privatized in a manner that would not harm
competition in the U.S., prior to authorizing the provision of
advanced services in the U.S. market.
    The primary incentive in the bill for INTELSAT and Inmarsat
to privatize is to limit their access to the U.S. market if
they do not privatize in a pro-competitive manner by a date
certain. In order to provide these organizations with a
reasonable transition period in which to accomplish a full
privatization, the bill provides INTELSAT until January 1,
2002, and Inmarsat until January 1, 2001. If privatization does
not occur by the dates provided, the bill requires the FCC to
limit, deny, or revoke authority for the provision of ``non-
core services'' to the U.S. market. Furthermore, the bill
prohibits separated entities from being authorized to provide
services in the United States if they are not structured in a
pro-competitive manner.
    Another key part of the bill is the possibility of
restrictions on additional services during the pendency of
privatization. This lever provides that INTELSAT and Inmarsat
cannot provide additional services under new contracts unless
the FCC annually determines that: (1) substantial and material
progress is being made towards privatization; and (2) INTELSAT
and Inmarsat are not hindering competitors' access to foreign
markets.
    The bill explicitly eliminates COMSAT's monopoly for the
provision of IGO services in the United States by permitting
other service providers direct access to the IGOs' satellites.
The bill also allows COMSAT's customers a one-time opportunity
to renegotiate their contracts with the previous monopoly
provider after January 1, 2000.
    Lastly, the bill includes a number of additional
deregulatory measures designed to ensure that all U.S.
satellite service providers can compete as efficiently as
possible within the U.S. satellite marketplace. The bill also
prohibits the FCC from auctioning orbital slots or spectrum
assignments for global satellite systems and requires the
Administration to oppose such spectrum auctions in
international fora.

Legislative History

    H.R. 1872 was introduced in the House by Representatives
Bliley and Markey on June 12, 1997. The bill was referred
solely to the Committee on Commerce.
    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held a legislative hearing on H.R. 1872 on September
30, 1997. The Subcommittee heard testimony from representatives
of Federal agencies and telecommunications companies. On March
4 and March 18, 1998, the Subcommittee met in open markup
session to consider H.R. 1872. On March 18, 1998, the
Subcommittee approved the bill, amended, for Full Committee
consideration by a voice vote.
    On March 25, 1998, the Full Committee met in open markup
session to consider H.R. 1872 and ordered the bill reported to
the House, amended, by a voice vote, a quorum being present.
The Committee reported H.R. 1872 to the House on April 27, 1998
(H. Rpt. 105-494).
    The Committee on Rules met on May 5, 1998, and granted a
rule providing for the consideration of H.R. 1872. The rule was
filed in the House as H. Res. 419. On May 6, 1998, the House
passed H. Res. 419 by a voice vote.
    The House considered H.R. 1872, on May 6, 1998, and passed
the bill, amended, by a roll call vote of 403 yeas to 16 nays,
with 2 voting present. H.R. 1872 was received in the Senate on
May 7, 1998, read twice, and referred to the Senate Committee
on Commerce, Science, and Transportation.
    No further action was taken on H.R. 1872 in the 105th
Congress, however, provisions of H.R. 1872 relating to
privileges and immunities afforded intergovernmental
organizations were incorporated, as amended, into H.R. 4353 and
S. 2375. For the legislative history of those bills, see the
discussion of the International Anti-Bribery and Fair
Competition Act of 1998 (Public Law 105-366) in the
Subcommittee on Finance and Hazardous Materials section.

                         tea 21 restoration act

                               (H.R. 3978)

    To restore provisions agreed to by the conferees to H.R.
2400, entitled the ``Transportation Equity Act for the 21st
Century'', but not included in the conference report to H.R.
2400, and for other purposes.

Summary

    After the passage of the Transportation Equity Act for the
21st Century (TEA 21, Public Law 105-178), a number of
technical errors were discovered in the text, including an
error in the section addressing the ability of the National
Highway Traffic Safety Administration (NHTSA) to lobby State
legislators. The conference report inadvertently left out
language limiting the lobbying restriction to NHTSA, therefore
applying the restriction to the entire Department of
Transportation. Section 12 of H.R. 3978 restores the language
to that intended by the conferees.

Legislative History

    H.R. 3978 was introduced by Mr. Shuster and three
cosponsors on June 3, 1998. On the same day, by unanimous
consent, the House proceeded to the immediate consideration of
H.R. 3978 and passed the bill. H.R. 3978 was received in the
Senate on June 4, 1998. On June 11, 1998, H.R. 3978 was read
for the first time and placed on the Senate Calendar. On June
12, 1998, it was read a second time and placed on the Senate
calendar.
    No further action was taken by the Senate on H.R. 3978 in
the 105th Congress. However, legislative language identical to
the text of H.R. 3978 was included in H.R. 2676 and enacted
into law as Title IX of Public Law 105-206. For the legislative
history of that bill, see the discussion of the Internal
Revenue Service Restructuring and Reform Act of 1998 in this
section.

  department of justice appropriations authorization act, fiscal years
                          1999, 2000, and 2001

                               (H.R. 3303)

    To authorize appropriations for the Department of Justice
for fiscal years 1999, 2000, and 2001; to authorize
appropriations for fiscal years 1999 and 2000 to carry out
certain programs administered by the Department of Justice; to
amend title 28, United States Code, with respect to the use of
funds available to the Department of Justice; and for other
purposes.

Summary

    The purpose of H.R. 3303 is to provide authorizations for
the Department of Justice and to extend authorizations for
various programs and other law enforcement activities. While
the bill is primarily within the jurisdiction of the Committee
on the Judiciary, section 204 implements a number of changes to
the Communications Assistance for Law Enforcement Act (CALEA).
These changes extend the period during which telecommunications
companies must be in compliance with certain provisions of
CALEA and extend the date by which the Department of Justice is
authorized to provide reimbursement to telecommunications
companies for purchasing certain new equipment necessary to
comply with CALEA.

Legislative History

    H.R. 3303 was introduced in the House by Representatives
Hyde and Conyers on March 3, 1998. The bill was referred solely
to the Committee on the Judiciary.
    The Committee on the Judiciary met to consider H.R. 3303 on
April 29, 1998, and ordered the bill reported to the House,
amended, by a voice vote. On May 12, 1998, the Committee on the
Judiciary reported H.R. 3303 to the House (H. Rpt. 105-526).
    The House considered H.R. 3303 under Suspension of the
Rules on June 22, 1998. During the debate, the Chairman of the
Committee on Commerce inserted a statement in the Congressional
Record stating that while portions of H.R. 3303 were within the
jurisdiction of the Commerce Committee, the Committee would
waive jurisdiction in order to expedite consideration of the
bill. H.R. 3303 passed the House by a voice vote on June 22,
1998.
    On June 23, 1998, H.R. 3303 was received in the Senate,
read twice, and referred to the Senate Committee on the
Judiciary. The Senate Committee on the Judiciary met on
September 17, 1998, to consider H.R. 3303 and ordered the bill
reported to the Senate, amended. On September 17, 1998, the
Senate Committee on the Judiciary reported H.R. 3303 to the
Senate (No Written Report).
    No further action was taken by the Senate on H.R. 3303 in
the 105th Congress.

                        internet tax freedom act

          (H.R. 4105, H.R. 3849, H.R. 3529, H.R. 1054, S. 442)

    To establish a national policy against State and local
interference with interstate commerce on the Internet, to
exercise congressional jurisdiction over interstate commerce by
establishing a moratorium on the imposition of exactions that
would interfere with the free flow of commerce via the
Internet, to establish a national policy against federal and
state regulation of Internet access and online services, and
for other purposes.

Summary

    H.R. 4105, as passed by the House, incorporates provisions
of H.R. 3849 (as reported by the Committee on Commerce), H.R.
3529 (as reported by the Committee on the Judiciary), and H.R.
1054 (the original Internet Tax Freedom Act). The purpose of
H.R. 4105 is to prohibit, for a period of three years, a State
or political subdivision thereof from imposing, assessing, or
collecting taxes on Internet access, bit taxes, or multiple or
discriminatory taxes on electronic commerce. Eight States were
granted an exception from the general three-year moratorium if
they enacted a law stating their intention to be excepted.
During the course of the moratorium, a 31-member advisory
commission shall be assembled to conduct a thorough study of
State and local taxation of transactions using the Internet and
Internet access, and other comparable intrastate and interstate
sales activities. The commission is required to report its
findings to Congress within 2 years.
    H.R. 4105 addresses a number of other matters. First, it
prohibits the Federal Communications Commission (FCC) and State
public utility commissions from regulating the prices or
charges paid by subscribers for Internet access or online
services. The bill also prohibits the FCC from collecting
Federal regulatory fees from providers of Internet access or
online services. Second, the bill requires the Secretary of
Commerce to study barriers imposed in foreign markets on
electronic commerce and report to Congress its findings.
Finally, H.R. 4105 declares that the Internet should be free of
foreign tariffs, trade barriers, and other restrictions.

Legislative History

H.R. 1054

    H.R. 1054 was introduced in the House on March 13, 1997, by
Representatives Cox and White. The bill was referred to the
Committee on Commerce, and in addition to the Committee on the
Judiciary. Within the Committee on Commerce, the bill was
referred to the Subcommittee on Telecommunications, Trade, and
Consumer Protection.
    On July 11, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held a legislative hearing on
H.R. 1054. Witnesses at the hearing included Members of
Congress and representatives of private industry. On October 9,
1997, the Subcommittee on Telecommunications, Trade, and
Consumer Protection met in open markup session and approved
H.R. 1054 for Full Committee consideration, amended, by a voice
vote. No further action was taken on H.R. 1054.

H.R. 3849

    On May 12, 1998, a new Internet Tax Freedom Act was
introduced in the House by Representatives Cox and White as
H.R. 3849. The bill was referred to the Committee on Commerce,
and in addition to the Committee on the Judiciary, the
Committee on Ways and Means, and the Committee on Rules.
    On May 14, 1998, the Full Committee met in open markup
session and considered H.R. 3849 in lieu of H.R. 1054, which
had been previously approved by the Subcommittee on
Telecommunications, Trade, and Consumer Protection. The Full
Committee ordered H.R. 3849 reported to the House, amended, by
a roll call vote of 41 yeas and 0 nays. The Committee on
Commerce reported H.R. 3849 to the House on June 5, 1998 (H.
Rpt. 105-570, Part 1). On June 5, 1998, the referral of H.R.
3849 to the Committee on the Judiciary, the Committee on Ways
and Means, and the Committee on Rules was extended for a period
ending not later than June 19, 1998.
    On June 17, 1998, the Committee on the Judiciary considered
H.R. 3849 and ordered the bill reported to the House, amended,
by a voice vote. On June 19, 1998, the Committee on the
Judiciary reported H.R. 3849 to the House (H. Rpt. 105-570,
Part 2). On June 19, 1998, the referral of H.R. 3849 to the
Committee on Ways and Means and the Committee on Rules was
extended for a period ending not later than June 26, 1998. On
June 25, 1998, the Committee on Ways and Means and the
Committee on Rules were discharged from further consideration
of H.R. 3849. No further action was taken on H.R. 3849.

H.R. 3529

    On March 23, 1998, Mr. Chabot introduced H.R. 3529, a
similar bill, in the House. The bill was referred to the
Committee on the Judiciary, and in addition to the Committee on
Ways and Means and the Committee on Rules.
    On June 17, 1998, the Committee on the Judiciary considered
H.R. 3529 and ordered the bill reported to the House, amended,
by a voice vote. On October 10, 1998, the Committee on the
Judiciary reported H.R. 3529 to the House (H. Rpt. 105-808,
Part 1). On October 10, 1998, the referral of H.R. 3539 to the
Committee on Ways and Means and the Committee on Rules was
extended for a period ending not later than October 10, 1998.
On October 10, 1998, the Committee on Ways and Means and the
Committee on Rules were discharged from further consideration
of H.R. 3529. No further action was taken on H.R. 3529.

H.R. 4105

    On June 22, 1998, H.R. 4105 was introduced in the House by
Mr. Cox. As introduced, H.R. 4105 represented a consensus bill
which incorporated provisions of H.R. 3849 (as reported by the
Committee on Commerce), H.R. 3529 (as reported by the Committee
on the Judiciary), and H.R. 1054 (the original Internet Tax
Freedom Act). H.R. 4105 was referred to the Committee on the
Judiciary, and in addition to the Committee on Commerce and the
Committee on Ways and Means.
    On June 23, 1998, the House considered H.R. 4105 under
Suspension of the Rules, thereby discharging the three
Committees of referral from further consideration of the bill.
H.R. 4105 passed the House by a voice vote.
    On June 24, 1998, H.R. 4105 was received in the Senate,
read twice, and placed on the Senate Calendar. No further
action was taken on H.R. 4105.

S. 442

    S. 442, the Senate companion bill, was introduced in the
Senate on March 13, 1997, by Senators Wyden and Kerry. The bill
was referred solely to the Senate Committee on Commerce,
Science, and Transportation.
    The Senate Committee on Commerce, Science, and
Transportation considered S. 442 on June 26, 1997 and November
4, 1997, and on November 4, 1997, ordered S. 442 reported to
the Senate, amended. The Senate Committee on Commerce, Science,
and Transportation reported S. 442 to the Senate on May 5, 1998
(S. Rpt. 105-184).
    On July 21, 1998, by unanimous consent, S. 442 was referred
to the Senate Committee on Finance for a period not to exceed
beyond July 30, 1998. On July 28, 1998, the Senate Committee on
Finance considered S. 442 and ordered the bill reported to the
Senate, amended. The Senate Committee on Finance reported S.
442 to the Senate on July 30, 1998 (S. Rpt 105-276.) On August
5, 1998, a star print version of S. Rpt. 105-276 was ordered.
    The Senate considered S. 442 on October 1, October 2,
October 6, October 7, and October 8, 1998. On October 8, 1998,
the Senate passed S. 442 by a roll call vote of 96 yeas to 2
nays. As passed by the Senate, S. 442 included major provisions
of H.R. 4105.
    S. 442 was received in the House on October 8, 1998, and
held at the desk. On October 21, 1998, S. 442 was referred to
the Committee on the Judiciary, and in addition to the
Committee on Education and the Workforce, the Committee on
Commerce, the Committee on Government Reform and Oversight, and
the Committee on Ways and Means.
    No further action was taken on S. 442. However, the text of
S. 442, as passed by the Senate, and with a modification to one
section, was incorporated into H.R. 4328, the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999, and enacted into law as Public Law 105-277. For the
legislative history of H.R. 4328, see the discussion of the
Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999 in this section.

                    made in america toll free number

                           (H.R. 563, S. 2631)

    To establish a toll free number in the Department of
Commerce to assist consumers in determining if products are
American-made.

Summary

    H.R. 563 provides for the establishment and operation of a
three-year, toll free number pilot program to assist consumers
in determining what products are ``Made in America.'' The bill
provides that all costs of the program be paid with fees
collected from manufacturers who voluntarily choose to register
their products under this program.
    The legislation requires the Secretary of Commerce (the
Secretary) to issue regulations establishing the program, as
well as procedures for manufacturers to register products that
are made in America. If there is sufficient interest in
providing private sector funding, the Secretary is directed to
enter into a contract for the establishment and operation of
the program. In defining ``Made in America,'' H.R. 563 relies
upon the definitions used by the Federal Trade Commission for
unqualified ``Made in America'' or ``Made in U.S.A.'' claims.

Legislative History

    H.R. 563 was introduced in the House by Mr. Traficant on
February 4, 1998, and referred solely to the Committee on
Commerce. It is substantially similar to legislation passed by
the House in the 103rd and 104th Congresses, H.R. 3342 and H.R.
447, respectively.
    In the 104th Congress, the Subcommittee on Commerce, Trade,
and Hazardous Materials held a hearing on virtually identical
legislation, H.R. 447, a bill to establish a toll-free number
in the Department of Commerce to assist consumers in
determining if products are American-made, on July 11, 1996.
The Subcommittee received testimony from Representative
Traficant who testified in favor of the legislation. The
Committee held no additional hearings during the 105th
Congress.
    On September 24, 1998, the Full Committee met in open
markup session and ordered H.R. 563 reported to the House,
amended, by a voice vote, a quorum being present. On October 1,
1998, the Committee on Commerce reported H.R. 563 to the House
(H. Rpt. 105-759).
    The House considered H.R. 563 under Suspension of the Rules
on October 5, 1998, and passed the bill by a voice vote. On
October 6, 1998, H.R. 563 was received in the Senate and held
at the desk.
    No further action was taken by the Senate on H.R. 563 in
the 105th Congress.

                       child online protection act

                               (H.R. 3783)

    To amend the Communications Act of 1934 to require persons
who are engaged in the business of distributing, by means of
the World Wide Web, material that is harmful to minors, to
restrict access to such material by minors, and for other
purposes.

Summary

    The purpose of H.R. 3783 is to protect children from
obtaining access to pornography on the World Wide Web and to
ensure that online businesses do not collect personally
identifiable information from children. Specifically, Title I
of the bill prohibits a person from making a communication on
the World Wide Web for commercial purposes available to any
minor that includes material that is harmful to minors. Persons
violating this general prohibition may be subject to criminal
and civil penalties. Title I excludes telecommunications
carriers, Internet service providers, and other entities not
involved in the selection or alteration of the content of the
communication from the general prohibition. Title I also states
that it is an affirmative defense to prosecution if the
defendant, in good faith, has restricted access by minors to
material that is harmful to minors by requiring the use of a
credit card, debit account, adult access code, adult personal
identification code, digital certificate, or any other
reasonable measure that is feasible under available technology.
In addition, Title I requires providers of interactive computer
service to notify their customers that parental control
protections (such as computer hardware, software, and filtering
services) are commercially available to assist consumers with
limiting access to material that is harmful to minors. To
address other matters affecting a minor's access to material
harmful to minors on the Internet, Title I establishes a
temporary commission on online child protection. The commission
will be composed of key industry members and is required to
study technological solutions that will help reduce access by
minors to material that is harmful to minors on the Internet.
These technological solutions may also be used to meet the
requirements for use as affirmative defenses under the general
prohibition identified in the title.
    Title II of H.R. 3783 prohibits an operator of a website or
online service directed to children, or any operator with
actual knowledge, to collect personal information from a child.
Under this title, the Federal Trade Commission (FTC) is given
the authority to adopt regulations regarding the collection of
certain information from children and to determine when parents
are required to consent to the disclosure of personal
information from children. Also, industry is given the
opportunity to develop self-regulations that would govern the
collection of personal information from children in lieu of the
regulations developed by the FTC. With respect to enforcement,
this title permits the attorney general of each State to bring
a civil action on behalf of the residents of the State for
violations of the FTC regulations. Finally, Title II requires
the FTC to review its regulations not later than five years
after the effective date of its initial regulations.

Legislative History

    H.R. 3783 was introduced in the House by Mr. Oxley and nine
cosponsors on April 30, 1998. The bill was referred solely to
the Committee on Commerce.
    On September 11, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held a
legislative hearing on methods to prevent the distribution of
material that is harmful to minors over the Internet. At the
hearing, the Subcommittee considered H.R. 3783, H.R. 774, H.R.
1180, H.R. 1964, H.R. 3177, H.R. 3442, as well as other
proposals on ways to restrict a minor's access to material that
is harmful to minors. The Subcommittee heard testimony from
Members of Congress, representatives of private industry,
professors, and a representative from the Federal Bureau of
Investigation.
    On September 17, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection met in open
markup session and approved H.R. 3783 for Full Committee
consideration, amended, by a voice vote. On September 24, 1998,
the Full Committee met in open markup session and ordered H.R.
3783 reported to the House, amended, by a voice vote, a quorum
being present. The Committee on Commerce reported H.R. 3783 to
the House on October 5, 1998 (H. Rpt. 105-775).
    On October 7, 1998, the House considered H.R. 3783 under
Suspension of the Rules, and passed the bill by a voice vote.
H.R. 3783 was received in the Senate on October 8, 1998, and
held at the desk.
    No further action was taken on H.R. 3783 in the 105th
Congress. However, Title I of H.R. 3783 was included in H.R.
4328, the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999, as passed by the House and Senate,
and enacted into law as Public Law 105-277. Also, Title II of
H.R. 3783 was amended and included in H.R. 4328, the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999, as passed by the House and Senate, and enacted into law
as Public Law 105-277. For the legislative history of H.R.
4328, see the discussion of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 in this
section.

   multichannel video competition and consumer protection act of 1998

                               (H.R. 2921)

    To promote the competitive viability of direct-to-home
satellite television service.

Summary

    The purpose of H.R. 2921 is to promote the competitive
viability of satellite broadcast services, such as direct
broadcast satellite (DBS) service and other direct-to-home
(DTH) satellite services, (e.g., traditional ``C-band''
service) to promote competition in the market for multichannel
video programming distribution.
    The bill has two components. First it stays enforcement of
the ``differential fee decision'' until December 31, 1999. The
``differential fee decision'' was the decision by the Librarian
of Congress on October 27, 1997, to increase the per
subscriber, per month royalty fee paid by satellite
broadcasters for the retransmission of superstation and distant
network signals. Further, the bill clarifies satellite
broadcasters' legal standing to sue those who pirate satellite
broadcast signals.

Legislative History

    H.R. 2921 was introduced in the House on November 7, 1997,
by Mr. Tauzin and two cosponsors. The bill was referred to the
Committee on Commerce, and in addition to the Committee on the
Judiciary.
    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held a hearing on April 1, 1998, on Video
Competition: Multichannel Programming. The Subcommittee
received testimony from representatives of the Federal
Communications Commission, the Register of Copyright, and the
private sector. The Subcommittee on Telecommunications, Trade,
and Consumer Protection met in open markup session to consider
H.R. 2921 on June 17, 1998, and approved the bill for Full
Committee consideration, amended, by a voice vote.
    The Full Committee met in open markup session to consider
H.R. 2921 on June 24, 1998, and ordered the bill reported to
the House, amended, by a voice vote, a quorum being present.
The Committee on Commerce reported H.R. 2921 to the House on
July 30, 1998 (H. Rpt. 105-661, Part 1). On July 30, 1998, the
referral of H.R. 2921 to the Committee on the Judiciary was
extended for a period ending not later than September 11, 1998.
    The Committee on the Judiciary met to consider H.R. 2921 on
August 4, 1998, and ordered the bill reported to the House,
amended, by a voice vote. The Committee on the Judiciary
reported H.R. 2921 to the House on September 10, 1998 (H. Rpt.
105-661, Part 2).
    The House considered H.R. 2921 under Suspension of the
Rules on October 7, 1998, and passed the bill, amended, by a
voice vote. On October 8, 1998, H.R. 2921 was received in the
Senate, read twice, and referred to the Senate Committee on the
Judiciary.
    No further action was taken by the Senate on H.R. 2921 in
the 105th Congress.

           security and freedom through encryption (safe) act

                               (H.R. 695)

    To amend title 18, United States Code, to affirm the rights
of United States persons to use and sell encryption and to
relax export controls on encryption.

Summary

    The purpose of H.R. 695 is to affirm the rights of United
States persons to use and sell encryption products domestically
and to relax export controls on encryption products. In
general, H.R. 695, as reported by the Committee on Commerce,
makes it lawful for any person to sell encryption products in
interstate commerce regardless of the encryption algorithm
selected, key length chosen, or implementation technique or
medium used. On the other hand, the bill makes it illegal to
knowingly encrypt incriminating communications or information
relating to a felony.
    As encryption products become more widespread, the efforts
of law enforcement to fight crime may be obstructed.
Consequently, H.R. 695 creates a National Electronic
Technologies Center (NET Center) that is designed to serve as a
center for Federal, State, and local law enforcement
authorities to gather information regarding decryption
capabilities. H.R. 695 also amends section 17 of the Export
Administration Act of 1979 by stating that a valid license is
not required, except pursuant to the Trading with the Enemy Act
or the International Emergency Economic Powers Act, for the
export or re-export of encryption hardware and software that is
generally available and in the public domain.

Legislative History

    H.R. 695 was introduced in the House by Mr. Goodlatte and
54 cosponsors on February 12, 1997. The bill was referred to
the Committee on the Judiciary, and in addition to the
Committee on International Relations.
    The Committee on the Judiciary met on May 14, 1997, to
consider H.R. 695 and ordered the bill reported to the House,
amended, by a voice vote. On May 22, 1997, the Committee on the
Judiciary reported H.R. 695 to the House (H. Rpt. 105-108, Part
1). On May 22, 1997, the referral of H.R. 695 to the Committee
on International Relations was extended for a period ending not
later than July 11, 1997. On June 26, 1997, the referral of
H.R. 695 to the Committee on International Relations was
extended for a period ending not later than July 25, 1997. On
June 26, 1997, H.R. 695 was referred, sequentially, to the
Committee on Commerce, the Committee on National Security, and
the House Permanent Select Committee on Intelligence for a
period ending not later than September 5, 1997.
    The Committee on International Relations met on July 22,
1997, to consider H.R. 695, and ordered the bill reported to
the House, amended, by a voice vote. On July 25, 1997, the
Committee on International Relations reported H.R. 695 to the
House (H. Rpt. 105-108, Part 2).
    On July 30, 1997, the referral of H.R. 695 to the House
Permanent Select Committee on Intelligence was extended for a
period ending not later than September 12, 1997. On July 31,
1997, the referral of the bill to the Committee on National
Security was extended for a period ending not later than
September 12, 1997. On September 5, 1998, the referral of H.R.
695 to the Committee on Commerce was extended for a period
ending not later than September 12, 1998.
    The Committee on National Security met on September 9,
1997, and ordered H.R. 695 reported to the House, amended, by
voice vote. On September 12, 1997, the Committee on National
Security reported H.R. 695 to the House (H. Rpt. 105-108, Part
3).
    The Permanent Select Committee on Intelligence met in an
open session on September 11, 1997, and ordered H.R. 695
reported to the House, amended, by voice vote. On September 11,
1998, the referral of H.R. 695 to the Permanent Select
Committee on Intelligence was extended for a period ending not
later than September 16, 1997. On September 11, 1998, the
referral of H.R. 695 to the Committee on Commerce was extended
for a period ending not later than September 26, 1997. On
September 16, 1997, the Permanent Select Committee on
Intelligence reported H.R. 695 to the House (H. Rpt. 105-108,
Part 4).
    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held a legislative hearing on H.R. 695 on September
4, 1997. The Subcommittee received testimony from Members of
Congress, government experts, and representatives of private
industry.
    On September 24, 1997, the Full Committee on Commerce met
in open markup session to consider H.R. 695; having agreed to a
unanimous consent request to discharge the Subcommittee on
Telecommunications, Trade, and Consumer Protection from further
consideration and to proceed to the immediate consideration of
H.R. 695. The Full Committee ordered H.R. 695 reported to the
House, amended, by a roll call vote of 44 yeas to 6 nays. On
September 25, 1998, the referral of H.R. 695 to the Committee
on Commerce was extended for a period ending not later than
September 29, 1997. On September 29, 1997, the Full Committee
reported H.R. 695 to the House (H. Rpt. 105-108, Part 5).
    No further action was taken on H.R. 695 in the 105th
Congress.

          wireless communications and public safety act of 1998

                          (H.R. 3844, S. 2519)

    To promote and enhance public safety through use of 9-1-1
as the universal emergency assistance number, further
deployment of wireless 9-1-1 service, support of States in
upgrading 9-1-1 capabilities and related functions,
encouragement of construction and operation of seamless,
ubiquitous and reliable networks for personal wireless
services, and ensuring access to Federal Government property
for such networks, and for other purposes.

Summary

    The purpose of H.R. 3844 is to promote and enhance public
safety through the use of 911 as the universal emergency
assistance number; further the deployment of wireless 911
service; support States in upgrading 911 capabilities and
related functions; encourage construction and operation of
seamless, ubiquitous and reliable networks for personal
wireless services; and ensure access to Federal government
property for such networks. The bill accomplishes this by
requiring that the Federal Communications Commission designate
``911'' as the universal emergency telephone number for both
wireline and wireless telephone calls. The bill also enhances
the provision of wireless telephone emergency services by
establishing a fund, administered by the Department of the
Treasury and allocated in State grants by the Department of
Transportation, to (1) upgrade the equipment of ``public safety
answering points'' to enable them to receive number and
location information with wireless emergency telephone calls
and (2) fund emergency educational programs.
    The fund would come from both an annual appropriation to
the Department of Transportation and the profit portion of
lease fees, credited by Federal agencies, for siting cellular
antennas and other facilities of personal wireless services
providers on Federal property. In order to maximize such fund
resources, and speed the deployment of personal wireless
services, including wireless 911, the bill provides for a
streamlined process for Federal property managers to respond to
a siting request by a personal wireless provider. Finally, to
encourage the provision of wireless telephone emergency
services, the bill provides the same degree of protection from
liability for emergency telephone and other services to
wireless carriers in each State as provided in that State to a
wireline carrier.

Legislative History

    H.R. 3844 was introduced in the House by Mr. Tauzin and 13
cosponsors on May 12, 1998. The bill was referred solely to the
Committee on Commerce.
    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held a legislative hearing on H.R. 3844 on June 9,
1998. The Subcommittee heard testimony from representatives of
the National Highway Traffic Safety Administration, the General
Services Administration, and private industry.
    On July 22, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection met in open markup session and
approved H.R. 3844 for Full Committee consideration, amended,
by a voice vote. The Full Committee met in open markup session
on August 5, 1998, and ordered H.R. 3844 reported to the House,
amended, by a voice vote, a quorum being present.
    On September 17, 1998, the Chairman of the Committee on
Science sent a letter to the Chairman of the Committee on
Commerce indicating that the Committee on Science would not
seek a sequential referral of H.R. 3844. The Chairman of the
Committee on Commerce replied on September 18, 1998,
acknowledging the Science Committee's jurisdictional interest.
On September 28, 1998, the Chairman of the Committee on
Resources sent a letter to the Chairman of the Committee on
Commerce indicating that the Committee on Resources would not
seek a sequential referral of H.R. 3844. The Chairman of the
Committee on Commerce acknowledged the Committee on Resources'
jurisdictional interest in H.R. 3844.
    On October 2, 1998, the Committee on Commerce reported H.R.
3844 to the House (H. Rpt. 105-768, Part 1). On October 2,
1998, H.R. 3844 was referred, sequentially, to the Committee on
Transportation and Infrastructure for a period ending not later
than October 9, 1998. On October 9, 1998, the referral of H.R.
3844 to the Committee on Transportation and Infrastructure was
extended for a period ending not later than October 16, 1998.
On October 16, 1998, the referral of H.R. 3844 to the Committee
on Transportation and Infrastructure was extended for a period
ending not later than October 20, 1998. On October 20, 1998,
the referral of H.R. 3844 to the Committee on Transportation
and Infrastructure was extended for a period ending not later
than October 21, 1998.
    No further action was taken on H.R. 3844 in the 105th
Congress.

              copyright compulsory license improvement act

                              (H.R. 3210)

    To amend title 17, United States Code, to reform the
copyright law with respect to satellite retransmissions of
broadcast signals, and for other purposes.

Summary

    H.R. 3210 rewrites Federal copyright law to effectively
provide satellite companies with a compulsory license to permit
the retransmission of local television broadcast station
signals in the local television market of such station subject
to certain conditions. The bill requires satellite carriers
providing direct-to-home service of a television broadcast
station to subscribers located within the local market of such
station to carry all such stations located within that local
market, so-called ``must-carry requirements.'' The bill also
directs the Federal Communications Commission to establish
regulations that apply network nonduplication protection,
syndicated exclusivity protection, and sports blackout
protection to the retransmission of broadcast signals by
satellite carriers to subscribers for private home viewing.

Legislative History

    H.R. 3210 was introduced in the House by Mr. Coble on
February 12, 1998. The bill was referred to the Committee on
the Judiciary, and in addition to the Committee on Commerce.
    On March 18, 1998, the Committee on the Judiciary met in
open markup session and ordered H.R. 3210 reported to the
House, amended, by a voice vote.
    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held a legislative hearing on H.R. 3210 on April 1,
1998. Testimony was received from representatives of the
Federal Communications Commission and private industry.
    No further action was taken on H.R. 3210 in the 105th
Congress.

         slamming prevention and consumer protection act of 1997

                               (H.R. 3050)

    To establish procedures and remedies for the prevention of
fraudulent and deceptive practices in the solicitation of
telephone service subscribers, and for other purposes.

Summary

    H.R. 3050 requires both the Federal Communications
Commission (FCC) and the Federal Trade Commission (FTC) to
reduce the practice of ``slamming,'' the unauthorized switch of
a consumer's telephone carrier of choice. In particular, the
bill directs the FTC to regulate the Primary Interexchange
Carrier (PIC) verifications, and directs the FCC to prohibit
the use of so-called ``negative options,'' whereby a consumer's
PIC may be changed merely because the consumer fails to respond
to an advertisement or solicitation. The bill also requires
slamming carriers to refund to slammed subscribers, or
altogether discharge them from liability for, charges imposed
during the three-month period following an unauthorized PIC
change. The bill reserves the rights of States to impose and
enforce their own methods to reduce the practice of slamming.

Legislative History

    H.R. 3050 was introduced in the House by Mr. Dingell on
November 13, 1997. The bill was referred solely to the
Committee on Commerce.
    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held a legislative hearing on June 23, 1998. The
Subcommittee received testimony from Members of Congress,
Federal regulators, and representatives of industry trade
groups, telecommunications companies, and consumer groups.
    On August 6, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection met in open markup session and
approved H.R. 3888, amended, for Full Committee consideration,
in lieu of H.R. 3050.
    No further action occurred on H.R. 3050 in the 105th
Congress. For the legislative history of H.R. 3888, see the
discussion of the Telecommunications Competition and Consumer
Protection Act of 1998 in this section.

                        data privacy act of 1997

                               (H.R. 2368)

    To promote the privacy of interactive computer service
users through self-regulation by the providers of such
services, and for other purposes.

Summary

    H.R. 2368 builds on industry efforts to enhance the privacy
of users of Internet services and other interactive computer
services. The bill relies on voluntary, industry-developed
privacy guidelines, and establishes certain privacy guidelines.
The bill provides for the establishment of a computer
interactive services industry working group which is intended
to establish voluntary guidelines: (1) limiting the collection
and use, for commercial marketing, of personal information
obtained from individuals via electronic mediums; (2) relating
to the distribution of unsolicited commercial electronic mail;
and (3) providing incentives for following such guidelines.
    H.R. 2368 prohibits: (1) the commercial marketing use of
certain government information regarding an individual that is
obtained through the use of any interactive computer service
without the individual's prior consent; and (2) the display of
any individual's Social Security number through the use of any
interactive computer service, with specified exceptions.
Further the bill prohibits the commercial marketing use of any
personal health and medical information obtained through an
interactive computer service unless the person has obtained
prior consent of the individual to whom such information
relates for such use or such use is otherwise authorized by
law.

Legislative History

    H.R. 2368 was introduced in the House by Representatives
Tauzin and Gillmor on July 31, 1997. The bill was referred
solely to the Committee on Commerce.
    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held an oversight hearing on Electronic Commerce:
Privacy in Cyberspace on July 21, 1998. The hearing also
focused on H.R. 2368. The Subcommittee received testimony from
the Chairman and three of the Commissioners of the Federal
Trade Commission (FTC), a privacy advocate, and representatives
of industry trade groups and a consumer group.
    No further action was taken on H.R. 2368 in the 105th
Congress.

                    safe schools internet act of 1998

                              (H.R. 3177)

    To require the installation of a system for filtering or
blocking matter on the Internet on computers in schools and
libraries with Internet access, and for other purposes.

Summary

    H.R. 3177 amends the Communications Act of 1934, as
amended, and requires elementary and secondary schools to
certify that they have filtering software in place that will
block access to inappropriate material prior to the school
receiving universal service assistance. Libraries are required
to make a similar certification. The bill also provides that
the local school, school board, or library make the
determination regarding what matter is inappropriate for
minors.

Legislative History

    H.R. 3177 was introduced in the House on February 11, 1998
by Mr. Franks of New Jersey. The bill was referred solely to
the Committee on Commerce.
    On September 11, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held a
legislative hearing on Legislative Proposals to Protect
Children from Inappropriate Materials on the Internet. At the
hearing, the Subcommittee considered H.R. 3177, along with H.R.
3783, H.R. 774, H.R. 1964, H.R. 3442, and H.R. 1180. Witnesses
at the hearing included Members of Congress, representatives of
private industry, professors, and a representative from the
Federal Bureau of Investigation.
    On September 17, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection met in open
markup session and approved H.R. 3783, amended, for Full
Committee consideration, in lieu of H.R. 3177.
    No further action was taken on H.R. 3177 in the 105th
Congress. For the legislative history of H.R. 3783, see the
discussion of the Child Online Protection Act in this section.

               family-friendly internet access act of 1997

                               (H.R. 1180)

    To amend the Communications Act of 1934 to require Internet
access providers to provide screening software to permit
parents to control Internet access by their children.

Summary

    H.R. 1180 amends section 230 of the Communications Act of
1934, as amended, to require Internet access providers to offer
customers screening software that is designed to permit a
customer to limit access to material that is unsuitable for
children. The software must be offered to the customer either
at no charge or for a fee that does not exceed the cost of the
software.

Legislative History

    On March 20, 1997, Mr. McDade introduced H.R. 1180 in the
House. The bill was referred solely to the Committee on
Commerce.
    On September 11, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held a
legislative hearing on Legislative Proposals to Protect
Children from Inappropriate Materials on the Internet. At the
hearing, the Subcommittee considered H.R. 1180, along with H.R.
3783, H.R. 774, H.R. 1964, H.R. 3177, and H.R. 3442. Witnesses
at the hearing included Members of Congress, representatives of
private industry, professors, and a representative from the
Federal Bureau of Investigation.
    On September 17, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection met in open
markup session and approved H.R. 3783, amended, for Full
Committee consideration, in lieu of H.R. 1180.
    No further action was taken on H.R. 1180 in the 105th
Congress. However, portions of the bill, as amended, were
included in H.R. 3783, the Child Online Protection Act, as
passed by the House. Portions of H.R. 1180, as amended, were
also included in H.R. 4328, the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999, as passed by
the House and Senate, and enacted into law as Public Law 105-
277. For the legislative history of H.R. 3783, see the
discussion of the Child Online Protection Act in this section.
For the legislative history of H.R. 4328, see the discussion of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 in this section.

            internet freedom and child protection act of 1997

                               (H.R. 774)

    To amend the Communications Act of 1934 to restore freedom
of speech to the Internet and to protect children from
unsuitable online material.

Summary

    H.R. 774 amends section 223 of the Communications Act of
1934, as amended, to require Internet access providers to offer
each customer screening software that is designed to permit a
customer to limit access to material that is unsuitable for
children. The software must be offered to the customer either
for a fee or at no charge.

Legislative History

    On February 13, 1997, Ms. Lofgren introduced H.R. 774 in
the House. The bill was referred solely to the Committee on
Commerce.
    On September 11, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held a
legislative hearing on Legislative Proposals to Protect
Children from Inappropriate Materials on the Internet. At the
hearing, the Subcommittee considered H.R. 774, along with H.R.
3783, H.R. 1964, H.R. 1180, H.R. 3177 and H.R. 3442. Witnesses
at the hearing included Members of Congress, representatives of
private industry, professors, and a representative from the
Federal Bureau of Investigation.
    On September 17, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection met in open
markup session and approved H.R. 3783, amended, for Full
Committee consideration, in lieu of H.R. 774.
    No further action was taken on H.R. 774 in the 105th
Congress. However, portions of the bill, as amended, were
included in H.R. 3783, the Child Online Protection Act, as
passed by the House. Portions of H.R. 774, as amended, were
also included in H.R. 4328, the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999, as passed by
the House and Senate, and enacted into law as Public Law 105-
277. For the legislative history of H.R. 3783, see the
discussion of the Child Online Protection Act in this section.
For the legislative history of H.R. 4328, see the discussion of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 in this section.

             e-rate policy and child protection act of 1998

                               (H.R. 3442)

    To amend the Communications Act of 1934 to require schools
and libraries that receive universal service support for
discounted telecommunications services to establish policies
governing access to material that is inappropriate for
children.

Summary

    H.R. 3442 amends section 254 of the Communications Act of
1934, as amended (the Act), to require an elementary or
secondary school or library that obtains preferential rates
under the Act to establish a policy with respect to access to
material that is inappropriate for children. H.R. 3442 also
provides that after January 1, 1999, an elementary or secondary
school or library may not continue to be eligible to obtain
services or preferential rates under the Act unless such school
or library has filed with the Federal Communications Commission
a statement describing its policy to restrict access.

Legislative History

    On March 11, 1998, Representatives Markey and Manton
introduced H.R. 3442 in the House. The bill was referred solely
to the Committee on Commerce.
    On September 11, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held a
legislative hearing on Legislative Proposals to Protect
Children from Inappropriate Materials on the Internet. At the
hearing, the Subcommittee considered H.R. 3442, along with H.R.
3783, H.R. 774, H.R. 1964, H.R. 3177, and H.R. 1180. Witnesses
at the hearing included Members of Congress, representatives of
private industry, professors, and a representative from the
Federal Bureau of Investigation.
    On September 17, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection met in open
markup session and approved H.R. 3783, amended, for Full
Committee consideration, in lieu of H.R. 3442.
    No further action was taken on H.R. 3422 in the 105th
Congress. For the legislative history of H.R. 3783, see the
discussion of the Child Online Protection Act in this section.

           communications privacy and consumer empowerment act

                               (H.R. 1964)

    To protect consumer privacy, empower parents, enhance the
telecommunications infrastructure for efficient electronic
commerce, and safeguard data security.

Summary

    H.R. 1964 addresses a number of communications issues
involving consumer privacy, online pornography,
telecommunications infrastructure, and data security. Title I
of the bill requires the Federal Trade Commission (FTC) and
Federal Communications Commission (FCC) to adopt regulations
that will prevent the unauthorized collection and disclosure of
personal information when such information is gathered through
the use of telecommunications facilities and services. In
addition, both the FTC and FCC are required to make legislative
recommendations to Congress, if any, on ways to protect the
privacy rights of consumers. Title I of the bill also requires
Internet access providers to offer their customers screening
software that is designed to permit the customer to limit
access to material that is inappropriate for children. In
addition, Title I extends the current scanner equipment
manufacturing prohibitions contained in the Communications Act
of 1934 to digital mobile radio services.
    Title II of H.R. 1964 amends the Communications Act of 1934
to allow information service providers to interconnect their
facilities with the facilities of incumbent local exchange
carriers and the information service provider would be entitled
to certain rights for purposes of negotiation, mediation,
arbitration, and approval of interconnection agreements. Title
II also requires the FCC to consider the needs of information
service providers when it considers adopting procedures
regarding network planning and interconnectivity. Finally,
Title II requires the National Telecommunications and
Information Administration to study network reliability and
data security issues and also prohibits the Federal and State
governments from regulating the sale of encryption products.

Legislative History

    On June 19, 1997, Mr. Markey introduced H.R. 1964 in the
House. The bill was referred solely to the Committee on
Commerce.
    On September 11, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held a
legislative hearing on Legislative Proposals to Protect
Children from Inappropriate Materials on the Internet. At the
hearing, the Subcommittee considered H.R. 1964, along with H.R.
3783, H.R. 774, H.R. 1180, H.R. 3177, and H.R. 3442. Witnesses
at the hearing included Members of Congress, representatives of
private industry, professors, and a representative from the
Federal Bureau of Investigation.
    On September 17, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection met in open
markup session and approved H.R. 3783, amended, for Full
Committee consideration, in lieu of H.R. 1964.
    No further action was taken on H.R. 1964 in the 105th
Congress. However, portions of the bill, as amended, were
included in H.R. 3783, the Child Online Protection Act, as
passed by the House. Portions of H.R. 1964, as amended, were
also included in H.R. 4328, the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999, as passed by
the House and Senate, and enacted into law as Public Law 105-
277. For the legislative history of H.R. 3783, see the
discussion of the Child Online Protection Act in this section.
For the legislative history of H.R. 4328, see the discussion of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 in this section.

                 public broadcasting reform act of 1998

                               (H.R. 4067)

    To establish the Commission for the Future of Public
Broadcasting and authorize appropriations for the Corporation
for Public Broadcasting, and for other purposes.

Summary

    H.R. 4067 establishes a commission to conduct a study to
identify and analyze various options for: (1) providing
financial support to public broadcast stations for the
provision of public telecommunications services, the
utilization of new technologies, and converting such stations
to such new technologies; (2) providing a funding mechanism for
the Corporation for Public Broadcasting (CPB) that replaces
Federal appropriations; (3) reducing Federal spending for
public broadcasting; (4) establishing a fee for exemption from
certain public interest broadcasting requirements; and (5)
carrying out the goals of public broadcasting.
    The bill places limitations on the underwriting practices
for public broadcasting programming and provides incentives to
encourage the consideration of public broadcasting stations in
markets where there is more than one. The bill also
reauthorizes CPB and the Public Telecommunications Facilities
Program within the National Telecommunications and Information
Administration of the Department of Commerce, and provides new
authorization for conversion funds for the transition from
analog to digital transmission.

Legislative History

    H.R. 4067 was introduced in the House by Representatives
Tauzin and Markey on June 16, 1998. The bill was referred
solely to the Committee on Commerce.
    On October 5, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held a legislative hearing on
H.R. 4067. The hearing also focused on public broadcasting
issues in general, including the CPB. The purpose of the
hearing was to hear the public broadcasting community's
perspective on legislative efforts to reauthorize the CPB and
provide funding for the transition from analog to digital
television transmission. Testimony was received from
representatives of the public broadcasting community.

                 Oversight or Investigative Activities

         cellular privacy: ``is anyone listening? you betcha!''

    On February 5, 1997, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held an
oversight hearing entitled ``Cellular Privacy: Is Anyone
Listening? You Betcha!.'' Testimony was received from
representatives of the Federal Communications Commission, law
enforcement officials, industry trade groups, an equipment
provider, and a privacy advocate. The purpose of the hearing
was to examine current laws affording privacy protections for
cellular and other wireless telephone users and to expose any
weaknesses with the law. The hearing also examined barriers
that prevent law enforcement officials from effectively
enforcing privacy laws.

                       spectrum management policy

    On February 12, 1997, and September 18, 1998, the
Subcommittee on Telecommunications, Trade, and Consumer
Protection held oversight hearings on the use of the Federal
electromagnetic spectrum and the Federal Communications
Commission's (FCC's) spectrum allocation policy. Testimony on
February 12, 1997, was received from the Chairman of the FCC, a
Department of Commerce representative, representatives of
telecommunications companies, and a public safety official from
a local police department. Testimony on September 18, 1998, was
received from representatives of the FCC, a private
telecommunications company, and wireless telecommunications
companies. The purpose of the hearings was to determine: (1)
whether the spectrum was being allocated properly and if the
FCC effectively conducted its allocation process; and (2) the
impact of the FCC's decisions on private telecommunications
companies.

                          wto telecom agreement

    On March 19, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held an oversight hearing on the
WTO Telecom Agreement: Results and Next Steps. Witnesses
included the United States Trade Representative and the
Chairman of the Federal Communications Commission, as well as
telecommunications industry representatives. The hearing
provided Members of the Subcommittee with information on the
nature of the World Trade Organization's Basic
Telecommunications Agreement and the implementation of that
agreement.

                        product liability reform

    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held two oversight hearings on product liability
reform. On April 8, 1997, the Subcommittee held an oversight
hearing on product liability and whether our legal system is
jeopardizing consumers' access to life-saving products.
Testimony was received from injured persons with medical
implants relying on biomaterials supplies, an author of a study
on biomaterials supplies availability, a representative of a
medical device manufacturer, and patient advocates.
    On April 30, 1997, the Subcommittee held an oversight
hearing on product liability reform and how the legal fee
structure affects consumer compensation. Testimony was received
from consumer advocates, law professors, consumer lawyers, a
consumer class action victim, and representatives of the
American Bar Association.

   reauthorization of the national telecommunications and information
                             administration

    On April 24, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held an oversight hearing on the
National Telecommunications and Information Administration
(NTIA) of the Department of Commerce. Testimony was received
from the head of NTIA, an academic expert, grant recipients,
and private parties competing against grant recipients. The
purpose of the hearing was to consider issues relevant to
legislative efforts to reauthorize NTIA.

                  air bags, car seats, and child safety

    On April 28, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held an oversight hearing on Air
Bags, Car Seats, and Child Safety. The hearing was intended to
educate Members and the public about the potential for injury
to children and adults from air bags and improperly installed
child safety seats. The Subcommittee received testimony from
representatives of the Administration, domestic and
international automobile manufacturers, automobile dealers, and
consumer safety organizations.

         the new tv ratings system: how is it playing in peoria?

    On May 19, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held an oversight field hearing
in Peoria, Illinois, to examine the television ratings
guidelines developed by the television and media industries.
Testimony was received from representatives of industry groups
and private citizens of the Peoria community. The purpose of
the hearing was to help determine whether the industry
guidelines were being widely accepted by the general public and
what changes parents and children thought should be made.

  reauthorization of the national highway traffic safety administration

    On May 22, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held a hearing on the
Reauthorization of the National Highway Traffic Safety
Administration. The purpose of the hearing was to evaluate the
operations of the National Highway Traffic Safety
Administration since it was last reauthorized in 1991. The
Subcommittee received testimony from representatives of
domestic and international automobile manufacturers, insurers,
consumer advocacy groups, think tanks, and the Administration.

                            video competition

    On July 29, 1997, and October 30, 1997, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held
oversight hearings on the status of, and barriers to,
competition in the video marketplace. Testimony was received
from representatives of industry trade groups, Federal
regulators, telecommunications companies, and consumer groups.
The purpose of the hearings was to explore what barriers
existed to the development of long-standing vibrant competition
to incumbent cable providers and to consider the effectiveness
of existing law intended to provide access to programming for
video programming distributors. These same issues were also
addressed at a Subcommittee legislative hearing on April 1,
1998, on H.R. 2921 and H.R. 3210.

        reauthorization of the consumer product safety commission

    In mid-1996, the Chairmen of the House Committee on
Commerce and the Senate Committee on Commerce, Science, and
Transportation jointly requested that the General Accounting
Office (GAO) review the Consumer Product Safety Commission's
(CPSC's) project selection, use of risk assessment and cost-
benefit analysis, as well as the agency's information release
procedures.
    On October 23, 1997, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held a
hearing on the reauthorization of the CPSC, focusing on a
General Accounting Office Report, prepared in the response to
the joint request, entitled Consumer Product Safety Commission:
Better Data Needed to Help Identify and Analyze Potential
Hazards. Testimony was received from representatives of the GAO
and CPSC Commissioners.

   tobacco settlement: views of businesses excluded from the tobacco
                        settlement negotiations

    On February 25, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held a
hearing as part of a larger series of hearings held by the
Committee and its subcommittees on the ramifications of the
proposed settlement between the nation's largest tobacco
product manufacturers and several State attorneys general. This
hearing focused on the concerns of businesses excluded from
that settlement agreement. The Subcommittee heard testimony
from representatives of large and small retailers, small
cigarette and smokeless tobacco product manufacturers, cigar
manufacturers, and large and small vending machine operators.

                     wireless enhanced 911 services

    On March 24, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held an oversight hearing on
wireless enhanced 911 issues. Testimony was received from a
Member of Congress, public safety representatives, a local
mayor, and representatives of Federal agencies, industry trade
groups, and a telecommunications company. The purpose of the
hearing was to explore issues relating to the advancement of
enhanced 911 (E911) wireless technologies and recent Federal
Communications Commissions rules intended to promote E911,
including facilities siting on Federal land, local zoning
authority, a national 911 telephone number, State and local
funding, crash information systems, and liability protections.

        reauthorization of the federal communications commission

    On March 31, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held an oversight hearing on the
Federal Communications Commission (FCC). Testimony was received
from the Chairman of the FCC and the four Commissioners. The
purpose of the hearing was to consider issues relevant to
legislative efforts to reauthorize the FCC.

 digital high definition television: coming soon to a home theater near
                                  you

    On April 23, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held an oversight hearing on the
status and development of digital television. Testimony was
received from representatives of industry trade groups,
equipment manufacturers, and telecommunications companies. The
purpose of the hearing was to examine the different
technologies and transmission standards available to
broadcasters to provide digital television, including high
definition television. The hearing also examined how well
consumers would convert to digital from analog television.

                           electronic commerce

    The Subcommittee on Telecommunications, Trade and Consumer
Protection held five hearings as part of the Committee's
electronic commerce initiative. On May 7, 1998, the
Subcommittee on Telecommunications, Trade and Consumer
Protection held a hearing which focused on the next generation
of high-speed data networks for access to the Internet and
related computer networks. The hearing explored the development
and deployment of high-speed and high-bandwidth networks
designed to provide access to the Internet and other online
services for residential and small business customers. A
variety of new technologies were discussed, including cable
modems, Digital Subscriber Lines (DSL) and satellite
broadcasting. In addition, the current state of the Internet
backbone was discussed. Witnesses included representatives of
industries that provide, or plan to provide, high-speed access
to the Internet or other computer networks.
    On May 21, 1998, the Subcommittee held a hearing which
focused on online commercial activities. The hearing explored
how electronic commerce is changing the way business is
conducted, barriers to the growth and development of electronic
commerce, consumer concerns over electronic commerce, and the
importance of electronic authentication in electronic commerce.
Witnesses included representatives from companies currently
engaged in electronic commerce.
    On June 10, 1998, the Subcommittee held a hearing which
focused on the future of the Internet Domain Name System. The
hearing explored the Administration's plan to transfer
management of the Domain Name System to the private sector, the
possible addition of new generic Top Level Domains, the
interplay between trademarks and domain names, and future
developments affecting the Domain Name System. Witnesses
included representatives of the National Science Foundation,
the National Telecommunications and Information Administration,
companies currently providing, or intending to provide, domain
name registration services, trademark holders, and Internet
users.
    On June 25, 1998, the Subcommittee held a hearing which
focused on the protection of consumers in Cyberspace. The
hearing examined the migration of traditional fraudulent
business practices to the Internet, actions taken by Federal
and State law enforcement authorities and efforts by the
business community to promote consumer confidence online.
Witnesses included representatives from the Federal Trade
Commission, the New York State Attorney General's office,
business-consumer groups, and the academic community.
    On July 21, 1998, the Subcommittee held a hearing which
focused on the issue of privacy online. The hearing examined
the Federal Trade Commission's June 1998 study of privacy
practices of commercial website operators, current efforts by
the private sector to establish a self-regulatory system to
protect the privacy of both adults and children while online,
and the European Union's impending data protection directive.
The hearing also focused on H.R. 2368, the Data Privacy Act of
1997. Witnesses included the Chairman of the Federal Trade
Commission, Commissioners of the Federal Trade Commission,
representatives of the civil liberties and public policy
communities, industry observers, and representatives of
companies involved in the establishment of a privacy self-
regulatory model.

                           china trade policy

    On May 14, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held an oversight hearing on
China Trade Policy. Witnesses included an Under Secretary from
the Department of Commerce, representatives from private
industry, including the textile and semiconductor industries,
and other experts. The hearing provided information on the
status of U.S. trade policy with China as well as
considerations to be taken into account in dealing with the
People's Republic of China in the future.

           protecting consumers against cramming and spamming

    On September 28, 1998, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held an
oversight hearing to examine the anti-consumer
telecommunications practices known as ``cramming,'' the
unauthorized addition of service-related charges to consumers'
bills, and ``spamming,'' the sending of unsolicited commercial
electronic mail. Testimony was received from State officials,
Federal regulators, and representatives of industry trade
groups and telecommunications companies. The purpose of the
hearing was to explore the number and scope of consumer
complaints regarding cramming and spamming. The hearing also
examined collective efforts by industry and State and Federal
regulators to prevent the occurrence of cramming and spamming.

                           domain name system

    By letter, dated October 22, 1998, to the Secretary of
Commerce and the Senior Advisor to the President, the Committee
on Commerce initiated an inquiry and document request
concerning the Administration's plan to transfer management of
the Internet Domain Name System (DNS) from the Federal
government to the private sector. The Committee was concerned
about: (1) the legal authority of the Department of Commerce to
assume management of the DNS from the National Science
Foundation and to transfer this authority to the private
sector; (2) the openness of the process of creating a non-
profit corporation to assume management of the DNS; (3) the
short public comment period provided by the Department of
Commerce to comment on the structure and bylaws of the proposed
non-profit corporation; and (4) the consideration and
nomination of individuals to the interim board of directors to
the Internet Corporation for Assigned Names and Numbers, the
proposed non-profit corporation.
    The Committee on Commerce will continue to monitor the
formation of the non-profit corporation and the transfer of
management of the Domain Name System from the Department of
Commerce to this new corporation in the 106th Congress.

                              Hearings Held

    Cellular Privacy: ``Is Anyone Listening? You Betcha!.--
Oversight Hearing on Cellular Privacy: ``Is Anyone Listening?
You Betcha!'' Hearing held on February 5, 1997. PRINTED, Serial
Number 105-22.
     The Armored Car Reciprocity Amendments of 1997.--Hearing
on H.R. 624, the Armored Car Reciprocity Amendments of 1997.
Hearing held on February 11, 1997. PRINTED, Serial Number 105-
1.
     Spectrum Management Policy.--Oversight Hearing on Spectrum
Management Policy. Hearing held February 12, 1997. PRINTED,
Serial Number 105-10.
     The World Trade Organization Telecom Agreement: Results
and Next Steps.--Oversight Hearing on the World Trade
Organization (WTO) Telecom Agreement: Results and Next Steps.
Hearing held on March 19, 1997. PRINTED, Serial Number 105-11.
     Product Liability Reform.--Oversight Hearing on Product
Liability Reform and Consumer Access to Life-Saving Products.
Hearing held on April 8, 1997. PRINTED, Serial Number 105-31.
     Reauthorization of the National Telecommunications and
Information Administration.--Oversight Hearing on
Reauthorization of the National Telecommunications and
Information Administration. Hearing held on April 24, 1997.
PRINTED, Serial Number 105-13.
     Air Bags, Car Seats and Child Safety.--Oversight Hearing
on Air Bags, Car Seats and Child Safety. Hearing held on April
28, 1997. PRINTED, Serial Number 105-16.
     Product Liability Reform.--Oversight Hearing on Product
Liability Reform and How the Legal Fee Structure Affects
Consumer Compensation. Hearing held on April 30, 1997. PRINTED,
Serial Number 105-31.
     The New TV Ratings System: How Is It Playing in Peoria?--
Oversight Field Hearing in Peoria, Illinois on the New TV
Ratings System: How Is It Playing in Peoria? Hearing held on
May 19, 1997. PRINTED, Serial Number 105-23.
     Reauthorization of the National Highway Traffic Safety
Administration.--Oversight Hearing on Reauthorization of the
National Highway Traffic Safety Administration. Hearing held on
May 22, 1997. PRINTED, Serial Number 105-30.
     The National Salvage Motor Vehicle Consumer Protection Act
of 1997.--Hearing on H.R. 1839, the National Salvage Motor
Vehicle Consumer Protection Act of 1997. Hearing held on June
26, 1997. PRINTED, Serial Number 105-35.
     The Internet Tax Freedom Act.--Hearing on H.R. 1054, the
Internet Tax Freedom Act. Hearing held on July 11, 1997.
PRINTED, Serial Number 105-33.
     Video Competition.--Oversight Hearing on Video
Competition: The Status of Competition Among Video Delivery
Systems. Hearing held on July 29, 1997. PRINTED, Serial Number
105-47.
     The Security and Freedom Through Encryption (SAFE) Act.--
Hearing on H.R. 695, the Security and Freedom Through
Encryption (SAFE) Act of 1997. Hearing held on September 4,
1997. PRINTED, Serial Number 105-39.
     The Communications Satellite Competition and Privatization
Act of 1997.--Hearing on H.R. 1872, the Communications
Satellite Competition and Privatization Act of 1997. Hearing
held on September 30, 1997. PRINTED, Serial Number 105-61.
     Reauthorization of the Consumer Product Safety
Commission.--Oversight Hearing on Reauthorization of the
Consumer Product Safety Commission. Hearing held on October 23,
1997. PRINTED, Serial Number 105-54.
     The National Highway Traffic Safety Administration
Reauthorization Act of 1997.--Hearing on H.R. 2691, the
National Highway Traffic Safety Administration Reauthorization
Act of 1997. Hearing held on October 29, 1997. PRINTED, Serial
Number 105-52.
     Video Competition.--Oversight Hearing on Video
Competition: Access to Programming. Hearing held on October 30,
1997. PRINTED, Serial Number 105-47.
     The Tobacco Settlement--Part 2.--Oversight Hearing on The
Tobacco Settlement: Views of Businesses Excluded from the
Tobacco Settlement. Hearing held on February 25, 1998. PRINTED,
Serial Number 105-72.
     Wireless Enhanced 911 Services.--Oversight Hearing on
Wireless Enhanced 911 Services. Hearing held on March 24, 1998.
PRINTED, Serial Number 105-74.
     Reauthorization of the Federal Communications
Commission.--Oversight Hearing on Reauthorization of the
Federal Communications Commission. Hearing held on March 31,
1998. PRINTED, Serial Number 105-91.
     Video Competition: Multichannel Programming.--Hearing on
H.R. 2921, the Multichannel Video Competition and Consumer
Protection Act of 1997; and H.R. 3210, the Copyright Compulsory
License Improvement Act. Hearing held on April 1, 1998.
PRINTED, Serial Number 105-80.
     High Definition Television: Coming to a Home Theater Near
You.--Oversight Hearing on High Definition Television: Coming
Soon to a Home Theater Near You. Hearing held on April 23,
1998. PRINTED, Serial Number 105-89.
     Electronic Commerce--Part 3.--Oversight Hearing on
Electronic Commerce: Building Tomorrow's Information
Infrastructure. Hearing held on May 7, 1998. PRINTED, Serial
Number 105-113.
     China Trade Policy.--Oversight Hearing on China Trade
Policy. Hearing held on May 14, 1998. PRINTED, Serial Number
105-93.
     Electronic Commerce--Part 3.--Oversight Hearing on
Electronic Commerce: Doing Business On-line. Hearing held on
May 21, 1998. PRINTED, Serial Number 105-113.
     The World Intellectual Property Organization (WIPO)
Treaties Implementation Act.--Hearing on H.R. 2281, the World
Intellectual Property Organization (WIPO) Treaties
Implementation Act. Hearing held on June 5, 1998. PRINTED,
Serial Number 105-102.
     Wireless Communications and Public Safety Act of 1998.--
Hearing on H.R. 3844, the Wireless Communications and Public
Safety Act of 1998. Hearing held on June 9, 1998. PRINTED,
Serial Number 105-116.
     Electronic Commerce--Part 3.--Oversight Hearing on
Electronic Commerce: The Future of the Domain Name System.
Hearing held on June 10, 1998. PRINTED, Serial Number 105-113.
     Protecting Consumers Against Slamming.--Hearing on H.R.
3050, Slamming Prevention and Consumer Protection Act of 1997;
and H.R. 3888, Anti-Slamming Amendments Act. Hearing held on
June 23, 1998. PRINTED, Serial Number 105-101.
     Electronic Commerce--Part 3.--Oversight Hearing on
Electronic Commerce: Consumer Protection in Cyberspace. Hearing
held on June 25, 1998. PRINTED, Serial Number 105-113.
     Electronic Commerce--Part 3.--Oversight Hearing on
Electronic Commerce: Privacy in Cyberspace. This hearing also
focused on H.R. 2368, the Data Privacy Act of 1997. Hearing
held on July 21, 1998. PRINTED, Serial Number 105-113.
     Legislative Proposals to Protect Children from
Inappropriate Materials on the Internet.--Hearing on H.R. 3783,
the Child Online Protection Act; H.R. 1180, the Family Friendly
Internet Access Act of 1997; H.R. 1964, the Communications
Privacy and Consumer Empowerment Act; H.R. 3177, the Safe
Schools Internet Act of 1998; H.R. 3442, the E-Rate Policy and
Child Protection Act of 1998; and H.R. 774, the Internet
Freedom and Child Protection Act of 1997. Hearing held on
September 11, 1998. PRINTED, Serial Number 105-119.
     Spectrum Management Oversight.--Oversight Hearing on
Spectrum Management Oversight. Hearing held on September 18,
1998. PRINTED, Serial Number 105-134.
     Protecting Consumers Against Cramming and Spamming.--
Oversight Hearing on Protecting Consumers Against Cramming and
Spamming. Hearing held on September 28, 1998. PRINTED, Serial
Number 105-126.
     Public Broadcasting Reform Act of 1998.--Hearing on H.R.
4067, the Public Broadcasting Reform Act of 1998. Hearing held
on October 5, 1998. PRINTED, Serial Number 105-132.

            Subcommittee on Finance and Hazardous Materials

                             (Ratio: 15-12)

                    MICHAEL G. OXLEY, Ohio, Chairman

W.J. ``BILLY'' TAUZIN, Louisiana     THOMAS J. MANTON, New York
  Vice Chairman                      BART STUPAK, Michigan
BILL PAXON, New York                 ELIOT L. ENGEL, New York
PAUL E. GILLMOR, Ohio                THOMAS C. SAWYER, Ohio
JAMES C. GREENWOOD, Pennsylvania     TED STRICKLAND, Ohio
MICHAEL D. CRAPO, Idaho              DIANA DeGETTE, Colorado
NATHAN DEAL, Georgia                 EDWARD J. MARKEY, Massachusetts
STEVE LARGENT, Oklahoma              RALPH M. HALL, Texas
BRIAN P. BILBRAY, California         EDOLPHUS TOWNS, New York
GREG GANSKE, Iowa                    FRANK PALLONE, Jr., New Jersey
RICK WHITE, Washington               ELIZABETH FURSE, Oregon
RICK LAZIO, New York                 JOHN D. DINGELL, Michigan
BARBARA CUBIN, Wyoming                 (Ex Officio)
HEATHER WILSON, New Mexico
TOM BLILEY, Virginia
  (Ex Officio)

Jurisdiction: Securities, exchanges, and finance; solid waste,
hazardous waste and toxic substances, including Superfund and RCRA
(excluding mining, oil, gas, and coal combustion wastes); noise
pollution control; insurance, except health insurance; and regulation
of travel, tourism, and time.

                         Legislative Activities

   extension of the investment advisers supervision coordination act
                             effective date

                        Public Law 105-8 (S. 410)

    To extend the effective date of the Investment Advisers
Supervision Coordination Act.

Summary

    S. 410 extends the effective date of the Investment
Advisers Supervision Coordination Act by 90 days. The
implementation of that Act was required to be completed within
180 days of enactment of the Public Law 104-290, the National
Securities Markets Improvement Act of 1996.
    The Securities and Exchange Commission was in the process
of effecting changes required by Public Law 104-290 when it
determined that an extension of the effective date would be
necessary to avoid regulatory gaps that might otherwise occur.
S. 410 provides the requested extension in order to facilitate
effective implementation of the law and to prevent regulatory
uncertainty.

Legslative History

    Senators D'Amato, Gramm, Sarbanes, and Dodd introduced S.
410 in the Senate on March 6, 1997. The legislation was
referred to the Senate Committee on Banking, Housing, and Urban
Affairs.
    On March 12, 1997, by unanimous consent, the Senate
Committee on Banking, Housing, and Urban Affairs was discharged
from further consideration of S. 410. By unanimous consent, the
Senate then proceeded to the immediate consideration of S. 410
and passed the bill, without amendment.
    S. 410 was received in the House and held at the desk on
March 13, 1997. Because of the time constraints and need to act
swiftly because of the approaching deadline in Public Law 104-
290, the Committee on Commerce did not seek referral of the
bill, agreeing instead to expedite the legislative process by
taking S. 410 directly from the desk. On March 18, 1997, by
unanimous consent, the House took S. 410 from the desk,
considered the bill, and passed it without amendment, clearing
the measure for the President.
    On March 21, 1997, S. 410 was presented to the President.
The President signed S. 410 into law on March 31, 1997 (Public
Law 105-8).

        national defense authorization act for fiscal year 1998

     Public Law 105-85 (H.R. 1119, S. 936, S. 924, S. Con. Res. 64)

                (Hazardous Materials Related Provisions)

    To authorize appropriations for fiscal year 1998 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

    Public Law 105-85 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including several dealing with hazardous materials related
issues. Members of the Committee on Commerce were appointed as
conferees on these provisions and participated in the
conference negotiations which led to the agreements contained
in H.R. 1119.
    Section 343 of the Public Law provides the armed services
with greater flexibility with respect to waste storage and
disposal. Because the provisions did not in any way weaken
existing environmental laws, the Committee on Commerce
conferees supported the inclusion of the language.
    Section 1026 of the Public Law requires that the Secretary
of the Navy, the Administrator of the Maritime Administration,
and the Administrator of the Environmental Protection Agency
submit to Congress a report on the implementation of the
agreement between the Department of the Navy and the
Environmental Protection Agency that became effective August 6,
1997, and that is titled ``Export of Naval Vessels that May
Contain Polychlorinated Biphenyls [PCBs] for Scrapping Outside
the United States.'' The downsizing of the military, including
the U.S. Navy, in the post-Cold War period has necessitated the
``scrapping'' of unnecessary ships. Some of these ships contain
PCBs, which are suspected carcinogens. In order to ensure
protection of human health and the environment, the Committee
conferees supported requiring this report, which will ensure
that Congress will be kept apprised of the handling of PCBs
from scrapped ships.
    Section 2835 of the Public Law provides for a simple land
conveyance dealing with Fort Bragg, North Carolina. Conferees
from the Committee on Commerce negotiated compromise language
for this section to ensure that it had no effect on the
operation of existing environmental laws.

Legslative History

    H.R. 1119 was introduced in the House by Representatives
Spence and Dellums on March 19, 1997, and referred solely to
the Committee on National Security. The Committee on National
Security met to consider H.R. 1119 on June 11, 1997, and
ordered the bill reported to the House, amended, by a roll call
vote of 51 yeas to 3 nays. On June 16, 1997, the Committee on
National Security reported H.R. 1119 to the House (H. Rpt. 105-
132).
    The Committee on Rules met on June 18, 1997, and granted a
rule providing for the consideration of H.R. 1119. The rule was
filed in the House as H. Res. 169. On June 19, 1997, the House
passed H. Res. 169, amended, by a roll call vote of 322 yeas to
101 nays.
    The House considered H.R. 1119 on June 19, June 20, June
23, June 24, and June 25, 1997; and on June 25, 1997, passed
the bill, amended, by a roll call vote of 304 yeas to 120 nays.
On July 7, 1997, H.R. 1119 was received in the Senate, read
twice, and placed on the Senate Calendar.
    On June 17, 1997, the Senate Committee on Armed Services
reported an original measure to the Senate, which was
introduced in the Senate by Mr. Thurmond as S. 924 and placed
on the Senate Calendar (S. Rpt. 105-29). On June 18, 1997, the
Senate Committee on Armed Services reported an original measure
to the Senate, which was introduced in the Senate by Mr.
Thurmond as S. 936 and placed on the Senate Calendar (No
Written Report).
    The Senate considered S. 936 on June 19, June 20, July 7,
July 8, July 9, July 10, and July 11, 1997. On July 11, 1997,
the Senate passed S. 936, amended, by a roll call vote of 94
yeas to 4 nays. On July 11, 1997, by unanimous consent, the
Senate agreed to a request that S. Rpt. 105-29, the report to
accompany S. 924, be deemed to be the report to accompany S.
936. The Senate then, by unanimous consent, took H.R. 1119 from
the Senate Calendar and passed the bill, amended with the text
of S. 936 as passed by the Senate. The Senate insisted on its
amendment to H.R. 1119, requested a conference with the House,
and appointed conferees.
    On July 25, 1997, the House disagreed to the Senate
amendment to H.R. 1119, agreed to a conference with the Senate,
and appointed conferees. Members of the Committee on Commerce
were appointed as conferees. The House, on July 25, 1997, also
agreed by a roll call vote of 414 yeas to 0 nays to a motion to
instruct the conferees and, by a roll call vote of 409 yeas to
1 nay, agreed to a motion to close portions of the conference.
    On September 5, 1997, the House agreed to a second motion
to instruct the conferees by a roll call vote of 261 yeas to
150 nays. The conference report on H.R. 1119 was filed in the
House on October 23, 1997 (H. Rpt. 105-340).
    On October 23, 1997, the Committee on Rules met and granted
a rule providing for the consideration of the conference report
on H.R. 1119. The rule was filed in the House as H. Res. 278.
On October 28, 1997, the House passed H. Res. 278 by a roll
call vote of 353 yeas to 59 nays.
    The House agreed to the conference report by a roll call
vote of 286 yeas to 123 nays on October 28, 1997. The Senate
agreed to the conference report by a roll call vote of 90 yeas
to 10 nays on November 6, 1997.
    On November 6, 1997, the Senate also agreed to S. Con. Res.
64, a resolution to provide for corrections in the enrollment
of H.R. 1119, pursuant to a unanimous consent request agreed to
on October 31, 1997. S. Con. Res. 64 was received in the House
on November 6, 1997, and held at the desk. No further action
was taken on S. Con. Res. 64.
    H.R. 1119 was presented to the President on November 6,
1997. The President signed H.R. 1119 into law on November 18,
1997 (Public Law 105-85).

 strom thurmond national defense authorization act for fiscal year 1999

            Public Law 105-261 (H.R. 3616, S. 2057, S. 2060)

                (Hazardous Materials Related Provisions)

    To authorize appropriations for fiscal year 1999 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

    Public Law 105-261 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including one provision dealing with hazardous materials
related issues. Members of the Committee on Commerce were
appointed as conferees on this provision and participated in
the conference negotiations which led to the agreements
contained in H.R. 3636.
    Section 324 of the Public Law requires that the Secretary
of Defense, in consultation with the Administrator of the
Environmental Protection Agency and the Secretary of State,
submit a report to Congress concerning the status of foreign-
manufactured polychlorinated biphenyls (PCBs) at foreign U.S.
military installations. Provisions in the Senate-passed bill
would have permitted the Department of Defense to import such
PCBs for disposal or treatment. The Senate-passed provisions
would have represented a significant change to current law,
particularly the Toxic Substances Control Act. Conferees from
the Committee on Commerce were responsible for changing the
Senate-passed language into a study. The study, due on March 1,
1999, will provide information on whether any changes to
existing environmental laws are necessary or appropriate.

Legslative History

    H.R. 3616 was introduced in the House by Representatives
Spence and Skelton on April 1, 1998, and referred solely to the
Committee on National Security. The Committee on National
Security met to consider H.R. 3616 on May 6, 1998, and ordered
the bill reported to the House, amended, by a voice vote. On
May 12, 1998, the Committee on National Security reported H.R.
3616 to the House (H. Rpt. 105-532).
    The Committee on Rules met on May 14, 1998, and granted a
rule providing for the consideration of H.R. 3616. The rule was
filed in the House as H. Res. 435. On May 19, 1998, the House
passed H. Res. 435 by a voice vote. On May 19, 1998, the
Committee on Rules met and granted a second rule providing for
the further consideration of H.R. 3616. The rule was filed in
the House as H. Res. 441. On May 20, 1998, the House passed H.
Res. 441 by a roll call vote of 304 yeas to 108 nays.
    The House considered H.R. 3616 on May 19, May 20, and May
21, 1998; and on May 21, 1998, passed the bill, amended, by a
roll call vote of 357 yeas to 60 nays. On May 22, 1998, H.R.
3616 was received in the Senate, read twice, and placed on the
Senate Calendar.
    On May 11, 1998, the Senate Committee on Armed Services
reported an original measure to the Senate, which was
introduced in the Senate by Mr. Thurmond as S. 2060 and placed
on the Senate Calendar (S. Rpt. 105-189). On May 11, 1998, the
Senate Committee on Armed Services reported an original measure
to the Senate, which was introduced in the Senate by Mr.
Thurmond as S. 2057 and placed on the Senate Calendar (No
Written Report).
    The Senate considered S. 2057 on May 13, May 14, June 18,
June 19, June 22, June 23, June 24, and June 25, 1998. On June
25, 1998, the Senate passed S. 2057, amended, by a roll call
vote of 88 yeas to 4 nays. S. 2057 was received in the House on
July 20, 1998, and held at the desk. On October 21, 1998, S.
2057 was referred to the House Committee on National Security.
No further action was taken on S. 2057 in the 105th Congress.
    On June 25, 1998, the Senate, by unanimous consent, took
H.R. 3616 from the Senate Calendar and passed the bill, amended
with the text of S. 2057 as passed by the Senate. The Senate
insisted on its amendment to H.R. 3616, requested a conference
with the House, and appointed conferees.
    On July 22, 1998, the House disagreed to the Senate
amendment to H.R. 3616, agreed to a conference with the Senate,
and appointed conferees. Members of the Committee on Commerce
were appointed as conferees. On July 22, and July 23, 1998, the
House considered a motion to instruct the conferees. On July
23, 1998, the House agreed to a motion to instruct the
conferees by a roll call vote of 424 yeas to 0 nays, with 1
voting present. The House also agreed to a motion to close
portions of the conference by a roll call vote of 412 yeas to 5
nays.
    The conference report on H.R. 3616 was filed in the House
on September 22, 1998 (H. Rpt. 105-736).
    The Committee on Rules met on September 23, 1998, and
granted a rule providing for the consideration of the
conference report on H.R. 3616. The rule was filed in the House
as H. Res. 549. On September 24, 1998, the House passed H. Res.
549 by a voice vote.
    The House agreed to the conference report by a roll call
vote of 373 yeas to 50 nays on September 24, 1998. The Senate
considered the conference report on September 30, and October
1, 1998; and on October 1, 1998, the Senate agreed to the
conference report by a roll call vote of 96 yeas to 2 nays.
    H.R. 3616 was presented to the President on October 6,
1998. The President signed H.R. 3616 into law on October 17,
1998 (Public Law 105-261).

departments of veterans affairs and housing and urban development, and
             independent agencies appropriations act, 1999

                Public Law 105-276 (H.R. 4194, S. 2168)

    Making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 1999, and for
other purposes.

Summary

    Public Law 105-276 provides appropriations for Fiscal Year
1999 for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices. Additionally, the Act
contains a number of provisions falling with the jurisdiction
of the Committee on Commerce, including provisions which amend
the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) with respect to sureties. The provisions
expand the time periods in which sureties are afforded certain
protections from CERCLA liabilities. Similar provisions were
contained in comprehensive Superfund reform legislation
introduced by Members of the Committee on Commerce.

Legslative History

    H.R. 4194 was introduced in the House on July 8, 1998, by
Mr. Lewis, as an original measure, and reported to the House on
the same day by the Committee on Appropriations (H. Rpt. 105-
610). The House considered H.R. 4194 on July 17, July 23, and
July 29, 1998. On July 29, 1998, the House passed H.R. 4194,
amended, by a roll call vote of 259 yeas to 164 nays.
    On June 12, 1998, the Senate Committee on Appropriations
reported S. 2168, a companion bill, to the Senate (S. Rpt. 105-
216). The Senate considered S. 2168 on July 6, July 7, July 16,
and July 17, 1998. On July 17, 1998, the Senate passed S. 2168,
amended, by a voice vote.
    On July 30, 1998, H.R. 4194 was received in the Senate.
Pursuant to a unanimous consent agreement reached on July 16,
1998, the Senate proceeded to the immediate consideration of
H.R. 4194; passed the bill amended with the text of S. 2168, as
passed by the Senate on July 17, 1998; insisted on the Senate
amendment to H.R. 4194; requested a conference with the House;
and appointed conferees. Passage of S. 2168 was then vitiated
and the bill was indefinitely postponed.
    On September 15, 1998, the House disagreed to the Senate
amendment to H.R. 4194, agreed to a conference with the Senate,
and appointed conferees. The House, on September 15, 1998, also
agreed by a roll call vote of 405 yeas to 0 nays to a motion to
instruct the conferees. The conference report on H.R. 4194 was
filed in the House on October 5, 1998 (H. Rpt. 105-769). On
October 6, 1998, the House agreed to the conference report on
H.R. 4194 by a roll call vote of 409 yeas to 14 nays. The
Senate agreed to the conference report on H.R. 4194 on October
8, 1998, by a roll call vote of 96 yeas to 1 nay.
    On October 10, 1998, H.R. 4194 was presented to the
President. On October 21, 1998, the President signed H.R. 4194
into law (Public Law 105-276).

          securities litigation uniform standards act of 1998

                (Public Law 105-353 (S. 1260, H.R. 1689)

Summary

    The Securities Litigation Uniform Standards Act of 1998
amends the Securities Act of 1933 and the Securities and
Exchange Act of 1934 to limit the conduct of securities class
action under State law.
    Consistent with the determination that Congress made in the
National Securities Markets Improvement Act (NSMIA) (Public Law
104-290), this legislation establishes uniform national rules
for securities class action litigation involving our national
capital markets. Under the legislation, class actions relating
to a ``covered security'' (as defined by section 18(b)(1) of
the Securities Act of 1933 which was added to that Act by
NSMIA) alleging fraud or manipulation must be maintained
pursuant to the provisions of Federal securities law, in
Federal court (subject to certain exceptions).
    ``Class actions'' that the legislation bars from State
court include actions brought on behalf of more than 50
persons; actions brought on behalf of one or more unnamed
parties; and so-called ``mass actions,'' in which a group of
lawsuits filed in the same court are joined or otherwise
proceed as a single action.
    The legislation provides for certain exceptions for
specific types of actions. The legislation preserves State
jurisdiction over: (1) certain actions that are based upon the
law of the State in which the issuer of the security in
question is incorporated; (2) actions brought by States and
political subdivisions and State pension plans, so long as the
plaintiffs are named and have authorized participation in the
action; and (3) actions by a party to a contractual agreement
(such as an indenture trustee) seeking to enforce provisions of
the indenture.
    The legislation also provides for an exception from the
definition of ``class action'' for certain shareholder
derivative actions.
    Additionally, the bill authorizes funding for the
Securities and Exchange Commission for Fiscal Year 1999 at the
level of $351.28 million and includes limitations on funding
levels for certain miscellaneous expenses. Finally, the bill
makes a number of clerical and technical amendments to various
securities laws.

Legslative History

    H.R. 1689 was introduced in the House on May 21, 1997, by
Mr. White and 24 cosponsors. The bill was referred solely to
the Committee on Commerce.
    S. 1260, a companion bill, was introduced in the Senate on
October 7, 1997, by Mr. Gramm and twelve cosponsors and was
referred to the Senate Committee on Banking, Housing, and Urban
Affairs. On May 4, 1998, the Senate Committee on Banking House
and Urban Affairs reported S. 1260 to the Senate (S. Rpt. 105-
182). On May 13, 1998, the Senate considered S. 1260 and passed
the bill, amended, by a roll call vote of 79 yeas to 21 nays.
S. 1260 was received in the House on May 14, 1998, and held at
the desk.
    On May 19, 1998, the Subcommittee on Finance and Hazardous
Materials held a legislative hearing on H.R. 1689. The
Subcommittee received testimony from Federal and State
regulators, academic experts, a representative of a consumer
group, and attorneys representing plaintiffs and defendants.
    On June 10, 1998, the Subcommittee on Finance and Hazardous
Materials met in open markup session and approved H.R. 1689 for
Full Committee consideration, amended, by a roll call vote of
21 yeas to 4 nays. On June 24, 1998, the Full Committee met in
open markup session and ordered H.R. 1689 reported to the
House, amended, by a voice vote, a quorum being present. As
amended by the Full Committee and ordered reported to the
House, two new titles were added to H.R. 1689. Title II
authorized funding for the Securities and Exchange Commission
for Fiscal Year 1999 at the level of $351.28 million and
included the limitations placed on funding levels for certain
miscellaneous expenses contained in H.R. 1262 as passed by the
House. Title III made a number of clerical and technical
amendments to various securities laws. The Committee on
Commerce reported H.R. 1689 to the House on July 21, 1998 (H.
Rpt. 105-640).
    The House considered H.R. 1689 under Suspension of the
Rules on July 21, and July 22, 1998. On July 22, 1998, the
House passed H.R. 1689, amended, by a roll call vote of 340
yeas to 83 nays, with 1 voting present. On July 22, 1998, by
unanimous consent, the House took S. 1260 from the desk and
passed the bill after striking all after the enacting clause
and inserting the text of H.R. 1689, as passed by the House.
H.R. 1689 was then laid on the table.
    On July 29, 1998, the Senate disagreed to the House
amendment, requested a conference with the House, and appointed
conferees. On September 16, 1998, the House insisted on its
amendment, agreed to a conference with the Senate, and
appointed conferees. The conference report on S. 1260 was filed
in the House on October 9, 1998 (H. Rpt. 105-803). On October
13, 1998, by unanimous consent, the Senate proceeded to the
immediate consideration of the conference report and agreed to
the conference report. On October 13, 1998, the House
considered the conference report under Suspension of the Rules,
and agreed to the conference report by a roll call vote of 319
yeas to 82 nays.
    S. 1260 was presented to the President on October 22, 1998.
The President signed S. 1260 into law on November 3, 1998
(Public Law 105-353).

      international anti-bribery and fair competition act of 1998

                Public Law 105-366 (S. 2375, H.R. 4353)

    To amend the Securities Exchange Act of 1934 and the
Foreign Corrupt Practices Act of 1977 to improve the
competitiveness of American business and promote foreign
commerce, and other purposes.

Summary

    The International Anti-Bribery and Fair Competition Act of
1998 amends the Securities Exchange Act of 1934 and the Foreign
Corrupt Practices Act of 1977 (FCPA) to improve the
competitiveness of American business and promote foreign
commerce. It accomplishes this by including implementing
language for the Organization for Economic Cooperation and
Development (OECD) Convention on Combating Bribery of Foreign
Public Officials in International Business Transactions (the
OECD Convention). The bill also includes reporting requirements
to monitor the implementation and enforcement of other nations'
commitments under the OECD Convention. It also includes a
section to promote the reduction of privileges and immunities
for international organizations providing commercial
communications services (e.g., INTELSAT and Inmarsat). The
legislation's overall objective is to level the playing field
for business worldwide by seeking to reduce foreign bribery
generally as well as special privileges and immunities from law
in the satellite industry.
    The legislation contains a number of changes to the FCPA to
implement the OECD Convention which include the following:
first, the FCPA criminalized payments made to influence any
decision of a foreign official to obtain business. S. 2375
amends the FCPA prohibitions to include payments made to secure
``any improper advantage.'' Second, the FCPA covered only
``issuers'' and ``domestic concerns.'' S. 2375 amends the FCPA
to cover acts by foreign natural and legal persons (i.e.,
corporations) committed within the territory of the United
States. Third, the legislation amends the FCPA's definition of
``foreign public official'' to include officials of public
international organizations. Fourth, the legislation amends the
FCPA to provide for jurisdiction over the acts of U.S.
businesses and nationals outside the United States. Fifth, the
legislation amends the FCPA's penalty sections relating to
issuers and domestic concerns so that penalties for non-U.S.
citizens are equivalent to those for U.S. citizens. Prior to
enactment of S. 2375, under the FCPA, non-U.S. citizen
employees and agents were subject only to civil, rather than
criminal, penalties. S. 2375 eliminates this restriction and
subjects all employees or agents of U.S. businesses to both
civil and criminal penalties.
    The legislation also requires the Secretary of Commerce to
report to the Congress on other nations' progress in
implementing the OECD Convention and other matters. It contains
a provision dealing with two international public organizations
covered by the FCPA. This provision states that the
international organizations providing commercial communications
services (INTELSAT and Inmarsat, the intergovernmental
satellite organizations) will not be provided immunity from
suit or legal process in connection with such organization's
capacity as a provider of commercial communications services,
directly or indirectly, except as required by U.S.
international obligations. It also directs the President, in a
manner consistent with international agreements, to take all
appropriate actions necessary to eliminate or reduce
substantially any remaining privileges and immunities of such
organizations.

Legslative History

    On June 25, 1998, the Senate Committee on Banking, Housing
and Urban Affairs ordered reported to the Senate an original
bill, entitled the International Anti-Bribery Act, which
contained the Senate's version of implementing language for the
OECD Convention. On July 31, 1998, the Senate Committee on
Banking, Housing and Urban Affairs reported an original measure
to the Senate, which was introduced in the Senate by Mr.
D'Amato as S. 2375 and placed on the Senate Calendar (S. Rpt.
105-277). On July 31, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of S. 2375 and passed
the bill without amendment. S. 2375 was received in the House
on August 3, 1998, and held at the desk.
    H.R. 4353, a companion bill, was introduced in the House on
July 30, 1998, by Representatives Bliley and Oxley. The bill
was referred solely to the Committee on Commerce.
    The Subcommittee on Finance and Hazardous Materials held a
legislative hearing on H.R. 4353 on September 10, 1998.
Testimony was received from a representative of the
Administration and a representative of the Securities and
Exchange Commission. On September 16, 1998, the Subcommittee on
Finance and Hazardous Materials met in open markup session and
approved H.R. 4353, for Full Committee consideration, amended,
by a voice vote. On September 24, 1998, the Full Committee met
in open markup session and ordered H.R. 4353 reported to the
House, amended, by a voice vote, a quorum being present. The
Committee on Commerce reported H.R. 4353 to the House on
October 8, 1998 (H. Rpt. 105-802).
    The House considered H.R. 4353 under Suspension of the
Rules on October 9, 1998, and passed the bill, amended, by a
voice vote. On October 9, 1998, by unanimous consent, the House
took S. 2375 from the desk and passed the bill after striking
all after the enacting clause and inserting the text of H.R.
4353, as passed by the House. The House also amended the title
of the Senate bill. H.R. 4353 was then laid on the table.
    S. 2375 was returned to the Senate on October 10, 1998. On
October 14, 1998, by unanimous consent, the Senate concurred in
the House amendments to S. 2375 with a further amendment. On
October 20, 1998, by unanimous consent, the House disagreed to
Senate amendments numbered 2 through 6 to the House amendments
to S. 2375 and concurred in Senate amendment numbered 1 with an
amendment. On October 21, 1998, by unanimous consent, the
Senate receded from its amendments numbered 2 through 6 to the
House amendments to S. 2375 and concurred in the House
amendment to the Senate amendment numbered 1, clearing the
measure for the President.
    S. 2375 was presented to the President on November 2, 1998.
The President signed S. 2375 into law on November 10, 1998
(Public Law 105-366).

   leaking underground storage tank trust fund amendments act of 1997

                           (H.R. 688, S. 555)

    To amend the Solid Waste Disposal Act to require at least
85 percent of funds appropriated to the Environmental
Protection Agency from the Leaking Underground Storage Tank
Trust Fund to be distributed to States for cooperative
agreements for undertaking corrective action and for
enforcement of subtitle I of such Act.

Summary

    H.R. 688 expands the purposes of the Leaking Underground
Storage Tank Trust Fund and requires that the Environmental
Protection Agency give at least 85 percent of its annual
appropriation from the trust fund to States for administration
of the program.
    Under H.R. 688, the expanded purposes of the trust fund
allow States to use the trust funds to cover necessary
administrative expenses directly related to the operation of
State financial assurance programs under 9004(c)(1) of the
Solid Waste Disposal Act. States may also use the funds to
enforce Federal, State or local tank leak detection, prevention
and other requirements through State and local programs.
Finally, States may use the funds to take corrective actions
and compensate parties for cleanups of releases through
9004(c)(1) programs in cases where the State determines that
the financial resources of an owner or operator, excluding
resources provided by programs under 9004(c)(1), are not
adequate to pay for the corrective action without significantly
impairing the ability of an owner or operator to continue in
business.

Legslative History

    On February 11, 1997, H.R. 688 was introduced in the House
by Mr. Dan Schaefer and forty cosponsors. The bill was referred
to the Committee on Commerce, and in addition, to the Committee
on Ways and Means.
    The Subcommittee on Finance and Hazardous Materials held a
legislative hearing on H.R. 688 on March 20, 1997. The
Subcommittee heard testimony from the representatives of the
Environmental Protection Agency, State governments, and
industry. Immediately following the hearing on March 20, 1997,
the Subcommittee on Finance and Hazardous Materials met in open
markup session to consider H.R. 688 and approved the bill for
Full Committee consideration, without amendment, by a voice
vote.
    The Full Committee met in open markup session to consider
H.R. 688 on April 16, 1997, and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. The Committee on Commerce reported H.R. 688 to the
House on April 17, 1997 (H. Rpt. 105-58, Part 1). On April 17,
1997, referral of the bill to the Committee on Ways and Means
was extended for a period ending not later than April 17, 1997.
On April 17, 1997, the Committee on Ways and Means was
discharged from further consideration of H.R. 688.
    The House considered H.R. 688 under Suspension of the Rules
on April 23, 1997, and passed the bill, amended, by a voice
vote.
    H.R. 688 was received in the Senate on April 24, 1997, read
twice, and referred to the Senate Committee on Environment and
Public Works. No further action was taken on H.R. 688 in the
Senate in the 105th Congress.
    S. 555, a companion bill, was introduced in the Senate on
April 10, 1997, by Mr. Allard and referred to the Senate
Committee on Environment and Public Works. On September 23,
1998, the Senate Committee on Environment and Public Works
ordered S. 555, reported to the Senate, amended, by a voice
vote. The Senate Committee on Environment and Public Works
reported S. 555 to the Senate on October 1, 1998 (S. Rpt. 105-
360). No further action was taken on S. 555 in the Senate in
the 105th Congress.

      securities and exchange commission authorization act of 1997

                              (H.R. 1262)

    To authorize appropriations for the Securities and Exchange
Commission for fiscal years 1998 and 1999, and for other
purposes.

Summary

    H.R. 1262 authorizes funding for the Securities and
Exchange Commission for Fiscal Years 1998 and 1999 at the
following levels: $320 million for Fiscal Year 1998 and $342.7
million for Fiscal Year 1999.

Legslative History

    On March 6, 1997, the Subcommittee on Finance and Hazardous
Materials held a hearing on reauthorization of the Securities
and Exchange Commission. Testimony was received from the
Honorable Arthur Levitt, Chairman of the Securities and
Exchange Commission, and Commissioner Steven M.H. Wallman,
Commissioner Isaac Hunt, and Commissioner Norman Johnson.
    H.R. 1262 was introduced in the House on April 9, 1997, by
Mr. Oxley and four cosponsors. The bill was referred solely to
the Committee on Commerce.
    On May 21, 1997, the Subcommittee on Finance and Hazardous
Materials met in open markup session to consider H.R. 1262 and
approved the bill for Full Committee consideration, without
amendment, by a voice vote. On July 23, 1997, the Full
Committee met in open markup session and ordered H.R. 1262
reported to the House, without amendment, by a voice vote, a
quorum being present. The Committee on Commerce reported H.R.
1262 to the House on September 26, 1997 (H. Rpt. 105-274).
    The House considered H.R. 1262 under Suspension of the
Rules on September 29, and October 1, 1997. On October 1, 1997,
the House failed to suspend the Rules and pass H.R. 1262 by a
roll call vote of 230 yeas to 170 nays. On November 13, 1997,
by unanimous consent, the House adopted a motion to suspend the
Rules and pass H.R. 1262 in the form considered by the House on
September 29, 1997.
    H.R. 1262 was received in the Senate on January 27, 1998,
read twice, and referred to the Senate Committee on Banking,
Housing, and Urban Affairs. No further action was taken on H.R.
1262 in the 105th Congress. However, legislative language
reauthorizing the Securities and Exchange Commission for Fiscal
Year 1999 and some of the provisions of H.R. 1262 were included
in Title II of H.R. 1689 as passed by the House and
subsequently included in S. 1260, and enacted into law as
Public Law 105-353. For the legislative history of H.R. 1689
and S. 1260, see the discussion of the Securities Litigation
Uniform Standards Act of 1998 in this section.

                     financial services act of 1998

                  (H.R. 10, H. Res. 403, H. Res. 428)

    To enhance competition in the financial services industry
by providing a prudential framework for the affiliation of
banks, securities firms, and other financial service providers,
and for other purposes.

Summary

    The purpose of H.R. 10, the Financial Services Act of 1998
(FSA), is to enhance competition in the financial services
industry by providing a prudential framework for the
affiliation of banks, securities firms, and other financial
service providers, and for other purposes. The primary
objective of allowing such affiliations is to enhance consumer
choice in the financial services marketplace, eliminate anti-
competitive regulatory disparities among financial services
providers, and increase competition among providers of
financial services. This legislation seeks to help participants
in the financial services marketplace to realize the cost
savings, efficiency, and other benefits resulting from
increased competition. The FSA is also designed to improve the
international competitiveness of U.S. companies, which may have
been constrained by the barriers to affiliation that exist
pursuant to certain sections of the Banking Act of 1933,
commonly referred to as the Glass-Steagall Act. (Sections 16,
20, 21, and 32 of the Banking Act of 1933 are referred to as
the Glass-Steagall Act.)
    The FSA provides for a number of prudential safeguards
designed to protect investors, avoid risk to the Federal
deposit insurance funds, protect the safety and soundness of
insured depository institutions and the Federal payments
system, and protect consumers. The most significant provisions
of the legislation are as follows:

                                Title I

    Title I repeals the anti-affiliation provision of the
Glass-Steagall Act (Section 20 and Section 32 of the Banking
Act of 1933). It also sets up a new structure, different from
that in the Bank Holding Company Act of 1956, permitting
affiliation among securities firms, insurance companies, and
banks. The Federal Reserve will be the primary umbrella
regulator of the new holding company structure.

                                Title II

    Title II defines the activities that will be regulated by
the different Federal and State regulatory agencies. Bank
exemptions from regulation under the definition of broker and
dealer are eliminated, but limited exceptions are provided for
banks in cases where investor protection concerns are minimal
(relative to trust and fiduciary activities and employee and
shareholder benefit plans). Finally, Title II permits the
Securities and Exchange Commission (SEC) to determine if new
banking products meet the definition of a security and to
regulate as such if the definition is met.

                               Title III

    Title III provides for the regulation of insurance. State
functional insurance regulation is preserved for insurance
sales and underwriting, subject to the ``significant
interference'' standard set forth by the Supreme Court in the
Barnett cases. The legislation sets forth a definition of
insurance relative to allowable bank underwriting and removes
the restrictions limiting bank insurance agencies to towns of
5,000. A uniform licensing system is created for insurance
brokerage, and a new standard for redomestication and
demutualization is provided for States which do not have
comparative laws.

                                Title IV

    Title IV prohibits future unitary thrift holding companies,
while grandfathering current thrifts and thrift charters and
their activities and powers.

    The legislation does not permit any Federally insured
depository to affiliate with commercial entities.

Legslative History

    H.R. 10 was introduced in the House on January 7, 1997, by
Mr. Leach and three cosponsors. The bill was referred to the
Committee on Banking and Financial Services, and in addition to
the Committee on Commerce. Within the Committee on Commerce,
the bill was referred to the Subcommittee on Finance and
Hazardous Materials.
    On June 20, 1997, the Committee on Banking and Financial
Services considered H.R. 10, and ordered the bill reported to
the House, amended, by a roll call vote of 28 yeas to 26 nays.
The Committee on Banking and Financial Services reported H.R.
10 to the House on July 3, 1997 (H. Rpt. 105-164, Part 1). On
July 3, 1997, the referral of H.R. 10 to the Committee on
Commerce was extended for a period ending not later than
September 15, 1997.
    The Subcommittee on Finance and Hazardous Materials held
three legislative hearings on H.R. 10 on July 17, July 25, and
July 30, 1997. Witnesses giving testimony included: Federal
banking, Federal trade, and Federal securities regulators;
State insurance, State securities, and State banking
regulators; securities and investment firm representatives;
insurance company representatives; representatives from State
charted banks, nationally charted banks, community banks, and
thrifts; and representatives of consumer groups.
    On September 5, 1997, the referral of H.R. 10 to the
Committee on Commerce was extended for a period ending not
later than September 30, 1997. On September 17, 1997, the
Committee on Banking and Financial Services filed a
supplemental report on H.R. 10 in the House (H. Rpt. 105-164,
Part 2). On September 30, 1997, the referral of H.R. 10 to the
Committee on Commerce was extended for a period ending not
later than October 31, 1997.
    The Subcommittee on Finance and Hazardous Materials met in
open markup session on October 24, 1997, and approved H.R. 10
for Full Committee consideration, amended, by a roll call vote
of 23 yeas to 2 nays. On October 30, the Full Committee met in
open markup session and ordered H.R. 10 reported to the House,
amended, by a roll call vote of 33 yeas to 11 nays, with 2
voting present. On October 30, 1997, the referral of H.R. 10 to
the Committee on Commerce was extended for a period ending not
later than November 3, 1997. The Committee on Commerce reported
H.R. 10 to the House on November 3, 1997 (H. Rpt. 105-164, Part
3). On January 28, 1998, the Committee on Commerce filed a
supplemental report on H.R. 10 in the House (H. Rpt. 105-164,
Part 4).
    On March 31, 1998 (legislative day of March 30, 1998), the
Rules Committee met and granted a rule providing for the
consideration of H.R. 10 (H. Res. 403). On March 31, 1998, the
House began consideration of H. Res. 403, but did not complete
action thereon. Subsequently the resolution was withdrawn from
further consideration. On April 1, 1998, by unanimous consent,
H. Res. 403 was laid on the table.
    On May 12, 1998, the Rules Committee met and granted a
second rule providing for the consideration of H.R. 10 (H. Res.
428). On May 13, 1998, the House passed H. Res. 428 by a roll
call vote of 311 yeas to 105 nays. The House then considered
H.R. 10 on May 13, 1998, and passed the bill, amended, by a
roll call vote of 214 yeas to 213 nays.
    H.R. 10 was received in the Senate on May 14, 1998, and
referred to the Senate Committee on Banking, Housing, and Urban
Affairs. On September 11, 1998, the Senate Committee on
Banking, Housing, and Urban Affairs considered H.R. 10 and
ordered the bill reported to the Senate, amended. On September
18, 1998, the Senate Committee on Banking, Housing, and Urban
Affairs reported H.R. 10 to the Senate (S. Rpt. 105-336). After
invoking cloture on October 5, 1998, and agreeing, on October
7, 1998, to a motion to proceed to the consideration of H.R.
10, the Senate considered H.R. 10 on October 8, and October 9,
1998, but did not complete action thereon. No further action
was taken by the Senate on H.R. 10 in the 105th Congress.

               collections of information antipiracy act

                         (H.R. 2652, H.R. 2281)

    To amend title 17, United States Code, to prevent the
misappropriation of collections of information.

Summary

    H.R. 2652 provides new protections for collections of
information against misappropriation. The bill prohibits the
misappropriation of commercially valuable collections of
information by those who pirate data collected by others and
use it in a way that causes market injury to the producer of
the original collection.
    The bill extends its protections to information collected
by stock exchanges and contract markets, notwithstanding an
exclusion in the bill that prevented the bill from applying to
information gathered, organized, or maintained by or for a
government entity.
    However, the bill explicitly preserves the authority
currently held by the Securities and Exchange Commission (SEC)
to regulate the gathering and dissemination of stock market
information by stock markets, including the SEC's authority
over the fee structure used by stock markets in disseminating
that information to the public. H.R. 2652 provides a similar
preservation of authority for the Commodity Futures Trading
Commission (CFTC) over the gathering and dissemination of
information about contract markets under its jurisdiction.
    Accordingly, the bill preserves the ability of the SEC and
the CFTC to alter the mechanism or payment structure by which
market data is disseminated to the public.

Legslative History

    H.R. 2652 was introduced in the House by Mr. Coble on
October 9, 1997. The bill was referred solely to the Committee
on the Judiciary.
    On March 24, 1998, the Committee on the Judiciary ordered
H.R. 2652 reported to the House, amended, by a voice vote. The
Committee on the Judiciary reported H.R. 2652 to the House on
May 12, 1998 (H. Rpt. 105-525).
    On May 19, 1998, the Chairman of the Committee on Commerce
sent a letter to the Chairman of the Committee on the Judiciary
indicating that Section 1204(a) and Section 1205(f) included
provisions within the jurisdiction of the Commerce Committee.
The Chairman further stated that the Committee on Commerce had
reviewed the action taken by the Judiciary Committee and, in
order to expedite consideration of this measure by the House,
the Committee on Commerce would not seek a sequential referral
of H.R. 2652, provided such action would not prejudice the
Commerce Committee's future jurisdictional interests in the
legislation.
    The House considered H.R. 2652 under Suspension of the
Rules on May 19, 1998, and passed the bill by a voice vote.
H.R. 2652 was received in the Senate on May 20, 1998, read
twice, and referred to the Senate Committee on the Judiciary.
No further action was taken on H.R. 2652 in the 105th Congress
by the Senate.
    On August 4, 1998, during the House consideration of H.R.
2281, the Digital Millennium Copyright Act of 1998, under
Suspension of the Rules, a Manager's Amendment was offered
which added a new Title V to the bill which included provisions
of H.R. 2652 as passed by the House. H.R. 2281 subsequently
passed the House, as amended, by a voice vote. During the
House-Senate conference on H.R. 2281, the conferees deleted
Title V from the bill. For the legislative history of H.R.
2281, see the discussion of the Digital Millennium Copyright
Act of 1998 under the Telecommunications, Trade, and Consumer
Protection Subcommittee section.

           financial contract netting improvement act of 1998

                              (H.R. 4393)

    To revise the banking and bankruptcy insolvency laws with
respect to the termination and netting of financial contracts,
and for other purposes.

Summary

    H.R. 4393, the Financial Contract Netting Improvement Act
of 1998, amends the Bankruptcy Code, banking statutes, and
securities laws to clarify the treatment of financial contracts
upon the insolvency of one of the parties to the transaction.
In the event of the bankruptcy of a party to a swap or other
financial contract, parties can enforce their rights to
terminate the contract or to offset, or ``net'', their various
contractual obligations.

Legslative History

    H.R. 4393 was introduced in the House by Representatives
Leach and LaFalce on August 4, 1998. The bill was referred to
the Committee on Banking and Financial Services, and in
addition to the Committee on Commerce and the Committee on the
Judiciary.
    On August 5, 1998, the Committee on Banking and Financial
Services considered H.R. 4393 and ordered the bill reported to
the House by a voice vote. On August 21, 1998, the Committee on
Banking and Financial Services reported H.R. 4393 to the House
(H. Rpt. 105-688). On August 21, 1998, the referral of the bill
to the Committee on the Judiciary was extended for a period
ending not later than September 25, 1998.
    In the interest of allowing the legislation to move
forward, the Chairman of the Committee on Commerce sent a
letter to the Speaker of the House agreeing to have the
Commerce Committee discharged from further consideration of
H.R. 4393. The letter further stated that, while the Committee
on Commerce had no substantive problems with the legislation,
the Committee on Commerce was not waiving its jurisdictional
interest in the H.R. 4393 or any similar legislation.
Subsequently, on August 21, 1998, the Committee on Commerce was
discharged from further consideration of H.R. 4393.
    On September 25, 1998, the Committee on the Judiciary also
was discharged from further consideration of H.R. 4393. No
further action was taken on this legislation during the 105th
Congress.

               financial information privacy act of 1998

                              (H.R. 4321)

    To protect consumers and financial institutions by
preventing personal financial information from being obtained
from financial institutions under false pretenses.

Summary

    The purpose of H.R. 4321 is to protect consumers and
financial institutions by preventing personal confidential
information from being obtained from financial institutions
under false pretenses. H.R. 4321 achieves this goal by
increasing the penalties for fraudulent information gathering,
enhancing the ability of Federal and State enforcement agencies
to prosecute such fraudulent activities, and expanding the
ability of injured consumers and financial institutions to
obtain restitution for their losses.
    As reported by the Committee on Commerce, H.R. 4321 makes
it a violation of Federal law to attempt to obtain, or cause to
be disclosed, customer information of a financial institution
by making fraudulent representations or by using documents that
are forged or improperly obtained or that contain false
statements. H.R. 4321 also makes it a violation to request that
another person obtain a consumer's confidential financial
information knowing that the attempt to obtain such information
would be done in a fraudulent manner. These prohibitions are
intended to prevent companies and individuals from deceiving
financial institutions into providing confidential customer
information.

Legslative History

    H.R. 4321 was introduced in the House on July 23, 1998, by
Mr. Leach and five cosponsors. The bill was referred solely to
the Committee on Banking and Financial Services.
    On August 5, 1998, the Committee on Banking and Financial
Services considered H.R. 4321 and ordered the bill reported to
the House, amended, by a voice vote. On August 21, 1998, the
Committee on Banking and Financial Services reported H.R. 4321
to the House (H. Rpt. 105-701, Part 1). On August 21, 1998,
H.R. 4321 was referred to the Committee on the Judiciary,
sequentially, for a period ending not later than September 25,
1998. On September 14, 1998, H.R. 4321 was referred to the
Committee on Commerce, sequentially, for a period ending not
later than September 25, 1998.
    Because of the severe time constraints of the Committee on
Commerce's sequential referral, there were no hearings held on
this legislation by the Committee on Commerce or its
subcommittees. On September 24, 1998, the Full Committee met in
an open mark up session to consider H.R. 4321 and ordered the
bill reported to the House, amended, by a voice vote, a quorum
being present. On September 25, 1998, the Committee on Commerce
reported H.R. 4321 to the House (H. Rpt. 105-701, Part 2). On
September 25, 1998, the Committee on the Judiciary was
discharged from further consideration of H.R. 4321.
    No further action occurred on H.R. 4321 in the 105th
Congress.

                 common cents stock pricing act of 1997

                              (H.R. 1053)

    To amend the Securities Exchange Act of 1934 to eliminate
legal impediments to quotation in decimals for securities
transactions in order to protect investors and to promote
efficiency, competition, and capital formation.

Summary

    H.R. 1053 directs the Securities and Exchange Commission
(SEC) to use its authority to direct U.S. equity exchanges to
eliminate the existing government-sanctioned system of
mandatory trading in fractions and replace it with trading in
decimals. The bill leaves questions such as the timing,
implementation and applicable spread to be determined by the
SEC in the rulemaking process. This process includes the
release of a draft rule and opportunity for affected entities
to participate through the comment process.

Legslative History

    H.R. 1053 was introduced in the House by Mr. Oxley and
eight cosponsors on March 13, 1997. The bill was referred
solely to the Committee on Commerce.
    The Subcommittee on Finance and Hazardous Materials held
two hearings on the legislation on April 10, 1997, and April
16, 1997. Twenty-seven witnesses testified at the hearings.
Witnesses included representatives of American and Canadian
stock exchanges, mutual funds, State and municipal pensions,
State securities regulators, an SEC Commissioner, industry
participants, representatives of the trade unions, and academic
experts.
    On May 21, 1997, the Subcommittee on Finance and Hazardous
Materials met in open markup session and approved H.R. 1053 for
Full Committee consideration, without amendment, by a voice
vote.
    Following the Subcommittee's approval of H.R. 1053, the New
York Stock Exchange and NASDAQ publicly announced their
intention to move voluntarily to a decimal-based pricing system
for stocks. As a result of the voluntary action to switch to a
decimal-based pricing system, no further legislative action was
taken on H.R. 1053 by the Committee on Commerce in the 105th
Congress. However, the Subcommittee on Finance and Hazardous
Materials did hold an oversight hearing on the industry's
implementation of decimal pricing on May 8, 1998. For further
information, see the discussion of Industry Implementation of
Decimal Pricing under Oversight or Investigative Activities in
this section.

                      superfund reform act of 1997

                              (H.R. 3000)

    To amend the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.

Summary

    This legislation reauthorizes the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA, or Superfund) for a period of five years. The bill
also makes a number of significant changes in the Superfund
program for cleanups and restorations, which are intended by
its sponsors to do the following: speed their pace and quality;
reduce their transaction and cleanup costs; increase fairness
in Superfund liability; provide for program delegation to the
States; expand public participation in the cleanup process; and
protect human health and the environment.

              Remedy Selection and Community Participation

    Title I of H.R. 3000 establishes risk assessment
principles; makes a number of changes to the manner in which
the President selects remedial alternatives and final remedies
at Superfund sites; provides for the establishment of Community
Assistance Groups; addresses the information to be maintained
by the Agency for Toxic Substances and Disease Registry
(ATSDR); provides for the distribution of information on
hazardous substances to health professionals and medical
centers; changes provisions related to cooperative agreements
between the ATSDR and the States; increases dollar limits and
time limits for removal actions; authorizes the President to
acquire hazardous substance easements; amends provisions
regarding judicial review of remedies; and provides transition
rules and establishes the effective date of the title as the
date of enactment.

                               Liability

    This title clarifies liability for, provides exemptions
from, and provides for reimbursements for costs relating to
Superfund liability for various parties; sets forth procedures
for allocating liability among parties; places limitations on
contribution actions; modifies settlement authorities and the
President's authority to provide final covenants; and sets
forth confidentiality requirements.

                   Brownfields and Voluntary Cleanups

    The title makes findings with respect to State voluntary
response programs and provides for technical and other
assistance to States for voluntary response programs; clarifies
liability for bona fide prospective purchasers and innocent
landowners; and addresses Federal enforcement at sites cleaned
up under State programs.

                        Natural Resource Damages

    This title makes various changes to liability for,
determination of, and litigation of natural resource damages.

                               State Role

    This title authorizes the Environmental Protection Agency
(EPA) to delegate various Superfund authorities to the States
for actions at facilities listed on the National Priorities
List (NPL); alters the provisions for State cost share; and
requires a Governor's concurrence with respect to new NPL
listings.

                           Federal Facilities

    This title amends provisions with respect to the role of
States at Federal facilities.

                             Miscellaneous

    This title makes various definitional changes; amends
response claim procedures; requires the EPA to establish a
small business Superfund assistance office within the small
business ombudsman office; requires the EPA to give higher
priority to remedial actions for which State and local
governments have made demonstrations of public benefit;
requires that EPA report annually to Governors on the progress
of the program; and amends the authority of the President to
dispose of real property acquired under subsection 104(j).

                                Funding

    Title X reauthorizes the dedicated taxes, the Superfund
Trust Fund, and appropriations from general revenues for Fiscal
Years 1996 through 2000. It requires that funds collected from
the dedicated Superfund taxes be used only for cleanup and
remediation expenses.

Legslative History

    The Subcommittee on Finance and Hazardous Materials held
four days of oversight hearings related to the reauthorization
of the Superfund program addressing major concerns with the
program.
    The Subcommittee on Finance and Hazardous Materials held
two oversight hearings on Federal barriers to the cleanup of
contaminated sites on February 14, 1997, in Columbus, Ohio, and
on March 7, 1997, in New York City, New York. Testimony was
received from representatives of the Environmental Protection
Agency, as well as representatives of the States of Ohio and
New York, local officials from Columbus, Ohio, and New York
City, and representatives of community groups, businesses, and
the environmental community. The Subcommittee on Finance and
Hazardous Materials held an oversight hearing on the operation
of the Superfund program on September 4, 1997, receiving
testimony from 23 Members of Congress, and receiving material
for the record from an additional nine Members of Congress. The
Subcommittee on Finance and Hazardous Materials held an
oversight hearing on the Status of the Superfund program on
February 4, 1998. Testimony was received from representatives
of the Environmental Protection Agency and the General
Accounting Office, as well as other witnesses.
    On November 9, 1997, Mr. Oxley and thirty-four cosponsors
introduced H.R. 3000, the Superfund Reform Act of 1997. The
bill was referred to the Committee on Commerce, and in addition
to the Committee on Transportation and Infrastructure and the
Committee on Ways and Means. Within the Committee on Commerce,
the bill was referred to the Subcommittee on Finance and
Hazardous Materials.
    The Subcommittee on Finance and Hazardous Materials held
two legislative hearings on H.R. 3000 on March 5, 1998, and
March 26, 1998, receiving testimony from representatives of the
Administration, States, local governments, citizens groups,
industry, small businesses, the environmental community, and
others.
    Despite bipartisan negotiations with the Administration
during the 105th Congress, no agreement was reached and no
further action was taken on H.R. 3000.

                     auto choice reform act of 1997

                              (H.R. 2021)

    To provide for competition between forms of motor vehicle
insurance, to permit an owner of a motor vehicle to choose the
most appropriate form of insurance for that person, to
guarantee affordable premiums, to provide for more adequate and
timely compensation for accident victims, and for other
purposes.

Summary

    H.R. 2021 allows consumers to choose between their current
coverage options in their States and a new ``Personal
Protection Insurance'' (PPI) Federal option. A consumer who
chooses PPI would not be compensated for non-economic losses
(``pain and suffering'' damages). A consumer who chooses to
keep his traditional auto insurance coverage could still sue
for non-economic damages as allowed under current law, but only
if the accident is with another non-PPI driver. If a PPI-
insured driver hits a traditional-coverage driver, then the
traditional-coverage driver could still recover non-economic
damages, but only from his or her own insurer. Fault based
recovery is retained in drunk driving and intentional
misconduct cases, and States are allowed to opt-out of the new
regime, either by statute or by determining that auto personal
injury premiums would not decline by at least 30 percent for
PPI customers.

Legslative History

    On June 24, 1997, Mr. Armey and four cosponsors introduced
H.R. 2021, the Auto Choice Reform Act of 1997, in the House.
The bill was referred solely to the Committee on Commerce.
    The Subcommittee on Finance and Hazardous Materials held a
legislative hearing on H.R. 2021 on May 20, 1998. Testimony was
received from two of the bill's sponsors, Representatives Armey
and Moran, as well as from a law professor, a prosecutor, a
convicted automobile insurance scam artist, and various
consumer experts on no-fault automobile insurance.
    No further action was taken on H.R. 2021 in the 105th
Congress.

                 Oversight or Investigative Activities

               federal barriers to common sense cleanups

    The Subcommittee on Finance and Hazardous Materials held
two field hearings on Federal Barriers to Common Sense
Cleanups. These hearings provided Members of the Subcommittee
information regarding the under-used industrial and commercial
facilities (brownfields) where expansion or redevelopment is
complicated by real or perceived environmental contamination.
    The first Subcommittee field hearing was held on February
14, 1997, in Columbus, Ohio. Witnesses included representatives
of the Ohio Environmental Protection Agency, the Mayor of the
City of Columbus, industry representatives, and academic
experts.
    On March 7, 1997, the Subcommittee on Finance and Hazardous
Materials held a second field hearing on Federal Barriers to
Common Sense Cleanups in New York City, New York. Witnesses
included the Mayor of New York City, representatives of the
United States Environmental Protection Agency, the N.Y.
Department of Environmental Conservation, and the environmental
community, and industry representatives.

                       financial services reform

    On May 1, May 14, and June 24, 1997, the Subcommittee on
Finance and Hazardous Materials held oversight hearings on the
financial services industry modernization. The Subcommittee
received testimony from former SEC commissioners, former
banking regulators, State insurance regulators, academic
experts, and representatives of private business interests. The
hearings focused on the current regulatory structure for the
securities, insurance, and banking industries; the need for
modernization; the barriers to increased competition; and the
impact of modernization on consumers and taxpayers.
    On May 1, 1997, the Subcommittee received testimony that
addressed the ``two way street''--the ability of financial
entities to compete with each other without disparity. The
Subcommittee examined the ability of different financial
service providers to offer the same services without disparate
regulatory treatment. The testimony received focused on the
impact of any disparate treatment on competition and on
consumer and investor protections.
    On May 14, 1997, the Subcommittee on Finance and Hazardous
Materials examined the impact of mergers and acquisitions
within the financial services industry. Testimony focused on
the efficiencies of consolidation and affiliations, competitive
disparity and advantages gained by entities able to merge over
financial service firms unable or prohibited from certain
mergers, and the impact of recent mergers on legislative
efforts to modernize the financial services industry.
    The Subcommittee received testimony on insurance regulation
at the June 24, 1997, hearing. Specifically, the hearing
focused on the impact of bank insurance sales regulation on
consumer protections and the implications of bank insurance
sales powers on competition in the insurance industry.
Testimony also addressed issues of uniform State licensing for
insurance brokers, State demutualization laws, and State
redomestication laws.

                   operation of the superfund program

    On September 4, 1997, the Subcommittee on Finance and
Hazardous Materials held a hearing on the Operation of the
Superfund Program. Twenty-three Members of Congress testified
before the Subcommittee on how the Superfund Program is
working, or not working, as the case may be, in their
Districts. An additional nine Members of Congress submitted
material for the record on the operation of the Superfund
Program.

implementation of the private securities litigation reform act of 1995
                          (public law 104-67)

    The Subcommittee on Finance and Hazardous Materials held an
oversight hearing on October 21, 1997, on the Implementation of
the Private Securities Litigation Reform Act (Public Law 104-
67). The Subcommittee received testimony from the Chairman of
the Securities and Exchange Commission and representatives of a
municipal finance association, academics, and private business
groups.
    Public Law 104-67 was enacted in the 104th Congress on
December 22, 1995. The purpose of the hearing was to determine
whether or not the law was working as intended by the Congress.
Specifically, the hearing focused on the effect the law was
having on the number of class action ``strike'' suits being
filed and whether the protections provided by the law were
being used. Testimony received by the Subcommittee was
universal regarding the lack of use of the safe harbor provided
by the Reform Act. Testimony varied on the effectiveness of the
law with respect to curbing strike suits. Arguments were made
that not enough time had passed to determine the whether State
courts were being used to circumvent the Federal law.
    For additional information on securities litigation reform,
see the discussion of H.R. 1689, the Securities Litigation
Uniform Standards Act, under Legislative Activities in this
section.

                    status of the superfund program

    On February 4, 1998, the Subcommittee on Finance and
Hazardous Materials held an oversight hearing on the Status of
the Superfund Program. Testimony was received from
representatives of the Environmental Protection Agency (EPA)
and the General Accounting Office (GAO), as well as outside
experts. The hearing focused on the pace of cleanup at National
Priorities List (NPL) sites. According to a March 1997 GAO
study (Times to Complete the Assessment and Cleanup of
Hazardous Waste Sites, United States General Accounting Office,
March, 1997, GAO/RCED-97-20) and a September 1997 follow-up
report, it takes an average of 9.4 years from the time a ``non-
federal'' site (generally, a site not owned or operated by the
Federal government) is discovered until the time it is listed
on the NPL. The study also determined that the cleanup time for
non-Federal projects completed in 1996 was 10.6 years. A
witness representing the EPA sharply disagreed with the
methodology and conclusions of the GAO. The EPA testified that
the agency has cut more than two years off the time it takes to
clean up a Superfund site and identified more than 85 sites
that were listed on the Superfund NPL in the 1990s where
construction was completed in less than five years.

               industry implementation of decimal pricing

    During the First Session of the 105th Congress, the
Subcommittee on Finance and Hazardous Materials considered H.R.
1053, the Common Cents Stock Pricing Act of 1997, a bill
directing the Securities and Exchange Commission to use its
authority to direct U.S. equity exchanges to eliminate the
existing government-sanctioned system of mandatory trading in
fractions and replace it with trading in decimals. The
Subcommittee held a legislative hearing on the bill, marked it
up, and approved H.R. 1053 for Full Committee consideration.
After the Subcommittee markup occurred, the New York Stock
Exchange and NASDAQ publicly announced their intention to
voluntarily move to a decimal-based pricing system for stocks.
As a result of the voluntary action to switch to a decimal-
based pricing system, no further legislative action was taken
on H.R. 1053 by the Committee on Commerce in the 105th
Congress. For further information on H.R. 1053, see the
discussion of Common Cents Stock Pricing Act of 1997 under
Legislative Activities in this section.
    Following the announcement by the New York Stock Exchange
and NASDAQ, others in the securities industry complained that
they were not ready to convert to decimal pricing. The
Subcommittee requested the General Accounting Office (GAO) to
conduct a study on the progress and readiness of the securities
industry to convert to decimal pricing for equities in order to
determine what barriers were causing delay to a timely
conversion.
    On May 8, 1998, the Subcommittee on Finance and Hazardous
Materials held an oversight hearing on the implementation of
decimal pricing conversion on the U.S. equity exchanges. The
hearing focused specifically on the findings of the GAO and
representatives of the GAO were the only witnesses. The
Subcommittee received testimony that the pending Year 2000
conversions the securities industry is undergoing was cited by
industry as the reason for delay of implementation until after
the Year 2000 problem is resolved.
    The Subcommittee will continue to monitor the schedule for
successful implementation of decimal pricing conversion and
fully expects the conversion to occur by the middle of the year
2000.

                     electronic commerce initiative

    The Subcommittee on Finance and Hazardous Materials held
two hearings as part of the Committee's electronic commerce
initiative. On June 4, 1998, the Subcommittee on Finance and
Hazardous Materials held a hearing on Electronic Commerce: New
Methods for Making Electronic Purchases, which focused on
methods of electronic payments. The hearing examined
technologies to allow payment to be accepted over the Internet,
ensuring security and authenticity in electronic payments and
the role of electronic payments in promoting electronic
commerce. Additionally, testimony focused on impediments to the
development and acceptance of alternative payment systems.
Witnesses included the Honorable Roger Ferguson, Jr., Member of
the Board of Governors of the Federal Reserve System, and
representatives of companies that provide computer software to
enable electronic payments and companies that accept electronic
payments on-line.
    On June 18, 1998, the Subcommittee on Finance and Hazardous
Materials held a hearing on Electronic Commerce: Investing On-
Line, which focused on the growing on-line securities trading
industry. The hearing examined the growth of on-line security
trading, its impact on the market structure, and investor
protection issues associated with new mediums used to conduct
securities transactions. The hearing also included an on-line
demonstration of stock trading, the first electronic commerce
demonstration to occur before a Congressional committee.
Witnesses included representatives of the brokerage and
securities trading industry and industry observers.
    The Subcommittee plans work with the Full Committee in the
106th Congress to develop a coordinated effort to determine
what actions Congress can take to improve the progress and
development of electronic commerce.

  enhancing retirement security through individual investment choices

    The Subcommittee on Finance and Hazardous Materials held an
oversight hearing on Enhancing Retirement Security Through
Individual Investment Choices on July 24, 1998. Testimony was
received from academic experts and representatives of private
business groups.
    Specifically, the hearing focused on increasing the rate of
return of Social Security taxes through private investment
vehicles such as mutual funds. The funding problems the current
Social Security structure will face in the near future have
generated great interest in making changes to the system. Many
of the proposals have included various degrees of privatization
similar to the models that have been implemented in other
countries during the past decade.
    The Subcommittee received testimony on the ability of
individual investors to make personal investment choices.
Arguments were made that the increasing proportion of American
workers that invest through IRAs and employee sponsored
retirement plans, such as 401(k) plans, is an indication that
Americans are able and willing to acquire the knowledge
necessary to invest in our capital markets. Other testimony
demonstrated the greater historical rate of return of the stock
market compared to the lower, and in some cases negative, rate
of return for Social Security. Concerns were also raised about
the need to ensure adequate consumer protections in the event
of any privitization.
    Because most privatization models contemplate investing in
the capital markets, the Subcommittee plans to closely monitor
and, if necessary, assert jurisdiction with respect to
legislation that would affect the capital markets or Federal
securities regulation.

    the impact and effectiveness of the small order execution system

    On August 3, 1998, the Subcommittee on Finance and
Hazardous Materials held an oversight hearing on The Impact and
Effectiveness of the Small Order Execution System (SOES). The
hearing focused on how the system impacts market liquidity and
addressed the need for any changes to the system. The
Subcommittee received testimony from academic experts, market
makers, and representatives of SOES firms.
    Specifically, testimony addressed whether the ability of
investors to get automatic execution of their stock orders, as
originally intended, is being fulfilled, or if the current use
of the system is an abuse that negatively affects liquidity.
SOES is currently utilized primarily by individuals who use
their own capital in an attempt to profit from quick trades.
Arguments were made, both pro and con, over the impact on
liquidity of these trades.
    The Securities and Exchange Commission implemented several
rule changes in 1998 to address many of these concerns. The
Subcommittee will monitor the impact of the rule changes in the
106th Congress to determine if further action is required.

         improving price competition for mutual funds and bonds

    On September 29, 1998, the Subcommittee held a hearing on
Improving Price Competition for Mutual Funds and Bonds.
Specifically, the hearing examined: (1) the ability of
investors to assess the costs accurately, and their effect on
the rate of return, of mutual funds as an investment; and (2)
the ability of investors to get accurate and fair price
information for the purchase and sale of bonds. The witnesses
represented Federal securities regulators, academia, mutual
fund companies, investment advisers, bond traders, municipal
bond issuers, and industry trade groups.
    The mutual fund industry is a highly regulated industry
that assesses fees on investors to cover operational expenses
and to make a profit. Fees typically cover expenses such as
marketing and advertising, professional management, and
transaction fees for trading shares in its portfolio. While the
mutual fund industry is capped on the fee level it can charge
as a percentage of assets under management, the fee rates run
the gamut. The Subcommittee sought to determine whether
improved disclosure would increase the competition among fund
providers to the benefit of investors. The Subcommittee
received testimony that indicates that investor education is
the largest barrier to creating a more competitive environment
for mutual funds based on fees. Evidence suggests that educated
investors do use cost as a determinant in their investment
selection process and have migrated to fund companies that
offer the lowest fees.
    The bond markets are an important means by which private
companies and State and local governments can raise money on
terms and with interest rates more favorable than those offered
by banks. The level of oversight and transparency in the bond
market, particularly the corporate and municipal market, is
substantially less than that in the U.S. equity markets. In the
corporate and municipal market, dealers do not report the
prices at which they sell bonds. This lack of ``last sale
reporting'' makes it difficult for investors to determine if
they are paying the best price for a bond. It also makes it
difficult for them to value their portfolios with precision.
The Subcommittee received testimony that indicates progress has
been made in the price reporting for government bonds, but
trails for the corporate and municipal bond market. Industry
participants presented testimony that last sale price reporting
is not cost effective or as accurate for current pricing as are
yield, term, interest rate, and other economic factors.
    The Subcommittee will continue to pursue this issue in the
106th Congress with a goal of increasing price transparency.

                             Hearings Held

    Federal Barriers to Common Sense Cleanups.--Oversight Field
Hearing in Columbus, Ohio, on Federal Barriers to Common Sense
Cleanups. Hearing held on February 14, 1997. PRINTED, Serial
Number 105-6.
    The Securities and Exchange Commission Authorization Act of
1997.--Hearing on H.R. ---- (an unintroduced bill), the
Securities and Exchange Commission Authorization Act of 1997.
Hearing held on March 6, 1997. PRINTED, Serial Number 105-12.
    Federal Barriers to Common Sense Cleanups.--Oversight Field
Hearing in New York City, New York, on Federal Barriers to
Common Sense Cleanups. Hearing held on March 7, 1997. PRINTED,
Serial Number 105-6.
    Leaking Underground Storage Tank Trust Fund Amendments Act
of 1997.--Hearing on H.R. 688, the Leaking Underground Storage
Tank Trust Fund Amendments Act of 1997. Hearing held on March
20, 1997. PRINTED, Serial Number 105-9.
    The Common Cents Stock Pricing Act of 1997.--Hearing on
H.R. 1053, the Common Cents Stock Pricing Act of 1997. Hearing
held on April 10, 1997. PRINTED, Serial Number 105-18.
    The Common Cents Stock Pricing Act of 1997.--Hearing on
H.R. 1053, the Common Cents Stock Pricing Act of 1997. Hearing
held on April 16, 1997. PRINTED, Serial Number 105-18.
    Financial Services Reform.--Oversight Hearing on ``A Two
Way Street'' and Functional Regulation. Hearing held on May 1,
1997. PRINTED, Serial Number 105-34.
    Financial Services Reform.--Oversight Hearing on
Consolidation in the Brokerage Industry. Hearing held on May
14, 1997. PRINTED, Serial Number 105-34.
    Financial Services Reform.--Oversight Hearing on Insurance
Regulation. Hearing held on June 24, 1997. PRINTED, Serial
Number 105-34.
    The Financial Services Competitiveness Act of 1997.--
Hearing on H.R. 10, the Financial Services Competitiveness Act
of 1997. Hearing held on July 17, 1997. PRINTED, Serial Number
105-38.
    The Financial Services Competitiveness Act of 1997.--
Hearing on H.R. 10, the Financial Services Competitiveness Act
of 1997. Hearing held on July 25, 1997. PRINTED, Serial Number
105-38.
    The Financial Services Competitiveness Act of 1997.--
Hearing on H.R. 10, the Financial Services Competitiveness Act
of 1997. Hearing held on July 30, 1997. PRINTED, Serial Number
105-38.
    Operation of the Superfund Program.--Oversight Hearing on
the Operation of the Superfund Program. Hearing held on
September 4, 1997. PRINTED, Serial Number 105-41.
    Implementation of the Private Securities Litigation Reform
Act of 1995.--Oversight Hearing on the Implementation of the
Securities Litigation Reform Act of 1995 (Public Law 104-67).
Hearing held on October 21, 1997. PRINTED, Serial Number 105-
59.
    Status of the Superfund Program.--Oversight Hearing on the
Status of the Superfund Program. Hearing held on February 4,
1998. PRINTED, Serial Number 105-92.
    The Superfund Reform Act.--Hearing on H.R. 3000, the
Superfund Reform Act. Hearing held on March 5, 1998. PRINTED,
Serial Number 105-78.
    The Superfund Reform Act--Addendum.--Hearing on H.R. 3000,
the Superfund Reform Act. Hearing held on March 5, 1998.
PRINTED, Serial Number 105-78.
    The Superfund Reform Act.--Hearing on H.R. 3000, the
Superfund Reform Act. Hearing held on March 26, 1998. PRINTED,
Serial Number 105-78.
    The Superfund Reform Act--Addendum.--Hearing on H.R. 3000,
the Superfund Reform Act. Hearing held on March 26, 1998.
PRINTED, Serial Number 105-78.
    Industry Implementation of Decimal Pricing.--Oversight
Hearing on Industry Implementation of Decimal Pricing. Hearing
held on May 8, 1998. PRINTED, Serial Number 105-84.
    The Securities Litigation Uniform Standards Act of 1997.--
Hearing on H.R. 1689, the Securities Litigation Uniform
Standards Act of 1997. Hearing held on May 19, 1998. PRINTED,
Serial Number 105-85.
    The Auto Choice Reform Act of 1997.--Hearing on H.R. 2021,
the Auto Choice Reform Act of 1997. Hearing held on May 20,
1998. PRINTED, Serial Number 105-86.
    Electronic Commerce--Part 2.--Oversight Hearing on
Electronic Commerce: New Methods for Making Electronic
Purchases. Hearing held on June 4, 1998. PRINTED, Serial Number
105-112.
    Electronic Commerce--Part 2.--Oversight Hearing on
Electronic Commerce: Investing Online. Hearing held on June 18,
1998. PRINTED, Serial Number 105-112.
    Enhancing Retirement Through Individual Investment
Choices.--Oversight Hearing on Enhancing Retirement Security
Through Individual Investment Choices. Hearing held on July 24,
1998. PRINTED, Serial Number 105-105.
    The Impact and Effectiveness of the Small Order Execution
System.--Oversight Hearing on The Impact and Effectiveness of
the Small Order Execution System. Hearing held on August 3,
1998. PRINTED, Serial Number 105-103.
    International Anti-Bribery and Fair Competition Act of
1998.--Hearing on H.R. 4353, the International Anti-Bribery and
Fair Competition Act of 1998. Hearing held on September 10,
1998. PRINTED, Serial Number 105-141.
    Improving Price Competition for Mutual Funds and Bonds.--
Oversight Hearing on Improving Price Competition for Mutual
Funds and Bonds. Hearing held on September 29, 1998. PRINTED,
Serial Number 105-130.

                 Subcommittee on Health and Environment

                             (Ratio 16-13)

                  MICHAEL BILIRAKIS, Florida, Chairman

J. DENNIS HASTERT, Illinois          SHERROD BROWN, Ohio
  Vice Chairman                      HENRY A. WAXMAN, California
JOE BARTON, Texas                    EDOLPHUS TOWNS, New York
FRED UPTON, Michigan                 FRANK PALLONE, Jr., New Jersey
JAMES C. GREENWOOD, Pennsylvania     PETER DEUTSCH, Florida
CLIFF STEARNS, Florida               ANNA G. ESHOO, California
NATHAN DEAL, Georgia                 BART STUPAK, Michigan
RICHARD BURR, North Carolina         GENE GREEN, Texas
BRIAN P. BILBRAY, California         TED STRICKLAND, Ohio
ED WHITFIELD, Kentucky               DIANA DeGETTE, Colorado
GREG GANSKE, Iowa                    RALPH M. HALL, Texas
CHARLIE NORWOOD, Georgia             ELIZABETH FURSE, Oregon
TOM COBURN, Oklahoma                 JOHN D. DINGELL, Michigan
RICK LAZIO, New York                   (Ex Officio)
BARBARA CUBIN, Wyoming
TOM BLILEY, Virginia
  (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; drug abuse; and Clean Air Act and environmental protection in
general, including the Safe Drinking Water Act.

                         Legislative Activities

            assisted suicide funding restriction act of 1997

                     Public Law 105-12 (H.R. 1003)

    To clarify Federal law with respect to restricting the use
of Federal funds in support of assisted suicide

Summary

    H.R. 1003, the Assisted Suicide Funding Restriction Act of
1997, prohibits the use of appropriated funds to provide or pay
for any health care item or service or health benefit coverage
for the purpose of causing, or assisting to cause, the death of
any individual. The bill sets forth a nonexclusive list of
programs, facilities, and personnel to which the prohibition
applies, including: (1) the Social Security Act, Title V
(Maternal and Child Health Services), Title XVIII (Medicare),
Title XIX (Medicaid), and Title XX (Block Grants to States for
Social Services); (2) the Public Health Service Act; (3) the
Indian Health Care Improvement Act; and (4) provisions of
Federal law relating to Federal employees, the military health
care system, veterans medical care, Peace Corps volunteers, and
Federal prisoners.

Legislative History

    On March 6, 1997, the Subcommittee on Health and
Environment held a hearing on Assisted Suicide: Legal, Medical,
Ethical, and Social Issues. Witnesses included religious
leaders, medical practitioners, medical ethicists, and
representatives of the community of individuals with
disabilities.
    H.R. 1003 was introduced in the House by Mr. Hall of Texas
and 103 cosponsors on March 11, 1997. The bill was referred to
the Committee on Commerce, and in addition to the Committee on
Ways and Means, the Committee on the Judiciary, the Committee
on Education and the Workforce, the Committee on Government
Reform and Oversight, the Committee on Resources, and the
Committee on International Relations, for a period ending not
later than 30 calendar days after the Committee on Commerce
reports to the House. Within the Committee on Commerce, the
bill was referred to the Subcommittee on Health and
Environment.
    On March 13, 1997, the Subcommittee on health and
Environment met in open markup session and approved H.R. 1003,
amended, for Full Committee consideration by a voice vote.
    The Full Committee met in open markup session on March 20,
1997, to consider H.R. 1003 and ordered the bill reported to
the House, as amended, by a roll call vote of 45 yeas to 2
nays. The Committee on Commerce reported H.R. 1003 to the House
on April 8, 1997 (H. Rpt. 105-46, Part 1).
    On April 8, 1997, the referral of H.R. 1003 to the
Committee on Ways and Means, the Committee on the Judiciary,
the Committee on Education and the Workforce, the Committee on
Government Reform and Oversight, the Committee on Resources,
and the Committee on International Relations was extended for a
period ending not later than April 8, 1997. Subsequently, on
April 8, 1997, the Committee on Ways and Means, the Committee
on the Judiciary, the Committee on Education and the Workforce,
the Committee on Government Reform and Oversight, the Committee
on Resources, and the Committee on International Relations were
discharged from further consideration of H.R. 1003.
    The House considered H.R. 1003 under Suspension of the
Rules on April 10, 1997, and passed the bill, amended, by a
roll call vote of 398 yeas to 16 nays.
    On April 10, 1997, H.R. 1003 was received in the Senate and
read twice. On April 16, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 1003 and
passed the bill, without amendment, by a roll call vote of 99
yeas to 0 nays, clearing the measure for the President.
    H.R. 1003 was presented to the President on April 18, 1997.
The President signed H.R. 1003 into law on April 30, 1997
(Public Law 105-12).

                            propac extension

                     Public Law 105-13 (H.R. 1001)

    To extend the term of appointment of certain members of the
Prospective Payment Assessment Commission and the Physician
Payment Review Commission.

Summary

    H.R. 1001 extends until May 1, 1998, the term of
appointment of a member of the Prospective Payment Assessment
Commission or the Physician Payment Review Commission which
would otherwise expire during 1997.

Legislative History

    H.R. 1001 was introduced in the House by Representatives
Thomas and Bilirakis on March 10, 1997. The bill was referred
to the Committee on Ways and Means, and in addition to the
Committee on Commerce. Within the Committee on Commerce, the
bill was referred to the Subcommittee on Health and
Environment.
    The Committee on Ways and Means met in open markup session
on April 9, 1997, to consider H.R. 1001 and ordered the bill
reported to the House, without amendment, by a voice vote. The
Committee on Ways and Means reported H.R. 1001 to the House on
April 10, 1997 (H. Rpt. 105-49, Part 1). On April 10, 1997, the
referral of H.R. 1001 to the Committee on Commerce was extended
for a period ending not later than April 15, 1997.
    On March 12, 1997, the Subcommittee on Health and
Environment met in open markup session and approved H.R. 1001,
without amendment, for Full Committee consideration, by
unanimous consent, a quorum being present.
    The Full Committee met in open markup session on March 13,
1997, to consider H.R. 1001 and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. The Committee on Commerce reported H.R. 1001 to the
House on April 14, 1997 (H. Rpt. 105-49, Part 2).
    The House considered H.R. 1001 under Suspension of the
Rules on April 15, 1997, and passed the bill, by a voice vote.
    On April 16, 1997, H.R. 1001 was received in the Senate and
read twice. On April 30, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 1001 and
passed the bill, without amendment, clearing the measure for
the President.
    H.R. 1001 was presented to the President on May 2, 1997.
The President signed H.R. 1001 into law on May 14, 1997 (Public
Law 105-13).

   medicare and medicaid waiver for nurse aide training programs in
                           certain facilities

                      Public Law 105-15 (H.R. 968)

    To amend title XVIII and XIX of the Social Security Act to
permit a waiver of the prohibition of offering nurse aide
training and competency evaluation programs in certain nursing
facilities.

Summary

    H.R. 968 amends Title XVIII (Medicare) and Title XIX
(Medicaid) of the Social Security Act to permit a waiver of the
prohibition against offering nurse aide training and competency
evaluation programs in certain facilities (including, for
Medicare purposes, a skilled nursing facility). This measure
permits a State to waive the current prohibition if the State:
(1) determines that there is no other such program offered
within a reasonable distance of the facility; (2) assures that
an adequate environment exists for operating the program in the
facility; and (3) provides notice of such determination to the
State long-term care ombudsman.

Legislative History

    H.R. 968 was introduced in the House by Mr. Ehrlich and two
cosponsors on March 6, 1997. The bill was referred to the
Committee on Ways and Means, and in addition to the Committee
on Commerce. Within the Committee on Commerce, the bill was
referred to the Subcommittee on Health and Environment.
    The Committee on Ways and Means met on March 12, 1997, to
consider H.R. 968 and ordered the bill reported to the House,
amended, by a voice vote. The Committee on Ways and Means
reported H.R. 968 to the House on March 13, 1997 (H. Rpt. 105-
23, Part 1). On March 13, 1997, the referral of H.R. 968 to the
Committee on Commerce was extended for a period ending not
later than March 18, 1997.
    On March 12, 1997, the Subcommittee on Health and
Environment met in open markup session and approved H.R. 968,
without amendment, for Full Committee consideration, by
unanimous consent, a quorum being present.
    The Full Committee met in open markup session on March 13,
1997, to consider H.R. 968 and ordered the bill reported to the
House, without amendment, by a voice vote. The Committee on
Commerce reported H.R. 968 to the House on March 18, 1997 (H.
Rpt. 105-23, Part 2).
    The House considered H.R. 968 on the Corrections Calendar
on April 8, 1997, and passed the bill, amended, by a voice
vote.
    On April 9, 1997, H.R. 968 was received in the Senate, read
twice, and referred to the Senate Committee on Finance. On
April 30, 1997, by unanimous consent, the Senate Committee on
Finance was discharged from further consideration of H.R. 968.
By unanimous consent, the Senate then proceeded to the
immediate consideration of H.R. 968 and passed the bill,
without amendment, on April 30, 1997, clearing the measure for
the President.
    H.R. 968 was presented to the President on May 6, 1997. The
President signed H.R. 968 into law on May 15, 1997 (Public Law
105-15).

                   drug-free communities act of 1997

                      Public Law 105-20 (H.R. 956)

    To amend the National Narcotics Leadership Act of 1988 to
establish a program to support and encourage local communities
that first demonstrate a comprehensive, long-term commitment to
reduce substance abuse among youth, and for other purposes.

Summary

    H.R. 956 amends the National Narcotics Leadership Act of
1988 to authorize the Director of the Office of National Drug
Control Policy (the Director) to establish a program to support
communities in the development and implementation of
comprehensive, long-term plans and programs to prevent and
treat substance abuse among youth. The Act requires grants to
be made to coalitions including representatives of youth,
parents, businesses, the media, schools, youth organizations,
law enforcement, religious or fraternal organizations, civic
groups, health care professionals, State, local, or tribal
governmental agencies, and other organizations.
    H.R. 956 requires the Director, in carrying out the
program, to: (1) make and track grants to recipients; (2)
provide for technical assistance and training, data collection
and dissemination of information on state-of-the-art practices
that the Director determines to be effective in reducing
substance abuse; and (3) provide for the general administration
of the program. The Director is authorized to enter into
contracts with national drug control agencies, including
interagency agreements to delegate authority for the execution
of grants to carry out this Act. In addition, H.R. 956
authorizes appropriations for Fiscal Year 1998 through Fiscal
Year 2002.
    Specified criteria that a coalition must meet to be
eligible to receive an initial or renewal grant is set forth by
the Drug-Free Communities Act of 1997. Limitations are
prescribed concerning: (1) grant amounts; (2) coalition awards;
and (3) rural coalition grants.
    The Act grants the Program Administrator general auditing
and data collection authority, and requires the minimization of
reporting requirements by grant recipients. H.R. 956 also
authorizes the Program Administrator, with respect to any grant
recipient or other organization, to: (1) offer technical
assistance and training and enter into contracts and
cooperative agreements; and (2) facilitate the coordination of
programs between a grant recipient and other organizations, and
entities. In addition, the Program Administrator is authorized
to provide training to any representative designated by a grant
recipient in: (1) coalition building; (2) task force
development; (3) mediation and facilitation, direct service,
assessment and evaluation; or (4) any other activity related to
the purposes of the program.
    Finally, H.R. 956 establishes the Advisory Commission on
Drug-Free Communities to advise, consult with, and make
recommendations to the Director concerning activities carried
out under the program, and provides that the Advisory
Commission will be terminated at the end of Fiscal Year 2002.

Legislative History

    H.R. 956 was introduced in the House by Mr. Portman and
three cosponsors on March 5, 1997. The bill was referred to the
Committee on Government Reform and Oversight, and in addition
to the Committee on Commerce. Within the Committee on Commerce,
the bill was referred to the Subcommittee on Health and
Environment.
    On May 16, 1997, the Committee on Government Reform and
Oversight met to consider H.R. 956 and ordered the bill
reported to the House, amended, by a voice vote. On May 19,
1997, the Chairman of the Committee on Commerce sent a letter
to the Chairman of the Committee on Government Reform and
Oversight setting forth the Commerce Committee's interpretation
of the legislative provisions contained in H.R. 956. The
Chairman further indicated that, in order to expedite
consideration, the Commerce Committee would agree to be
discharged from further consideration of H.R. 956, without
prejudicing its jurisdiction. On May 19, 1997, the Chairman of
the Committee on Government Reform and Oversight sent a letter
to the Chairman of the Committee on Commerce acknowledging the
Committee on Commerce's jurisdictional concerns and
prerogatives with respect to H.R. 956.
    The Committee on Government Reform and Oversight reported
H.R. 956 to the House on May 20, 1997 (H. Rpt. 105-105, Part
1). On May 20, 1997, the referral of H.R. 956 to the Committee
on Commerce was extended for a period ending not later than May
20, 1997. Subsequently, on May 20, 1997, the Committee on
Commerce was discharged from further consideration of H.R. 956.
    The House considered H.R. 956 under Suspension of the Rules
on May 22, 1997, and passed the bill, amended, by a roll call
vote of 420 yeas to 1 nay.
    On June 2, 1997, H.R. 956 was received in the Senate, read
twice, and placed on the Senate Calendar. On June 18, 1997, by
unanimous consent, the Senate proceeded to the immediate
consideration of H.R. 956 and passed the bill, without
amendment, clearing the measure for the President.
    H.R. 956 was presented to the President on June 20, 1997.
The President signed H.R. 956 into law on June 27, 1997 (Public
Law 105-20).

    better health plan, inc. medicaid enrollment composition waiver

                     Public Law 105-31 (H.R. 2018)

    To waive temporarily the Medicaid enrollment composition
rule for the Better Health Plan of Amherst, New York.

Summary

    Section 1903 (m)(2)(a)(ii) of the Social Security Act
requires that Medicaid beneficiaries constitute less than 75
percent of the membership of any prepaid health maintenance
organization.
    Better Health Plan, Inc. is a Medicaid Prepaid Health
Services Plan approved by the New York State Department of
Health which operates in the five boroughs of New York City, as
well as eleven counties. It serves over 41,500 individuals, of
which 36,700 are Medicaid recipients.
    H.R. 2018 extends a previous waiver of Section
1903(m)(2)(A)(ii) granted to Better Health Plan, Inc., which
would have expired on June 30, 1997, through December 31, 1998.

Legislative History

    H.R. 2018 was introduced in the House by Mr. Paxon and four
cosponsors on June 24, 1997. The bill was referred solely to
the Committee on Commerce.
    The Full Committee met in open markup session on June 25,
1997, to consider H.R. 2018 and ordered the bill reported to
the House, amended, by a voice vote, a quorum being present.
The Committee on Commerce reported H.R. 2018 to the House on
July 8, 1997 (H. Rpt. 105-165).
    The House considered H.R. 2018 under Suspension of the
Rules on July 8, 1997, and passed the bill by a voice vote.
    On July 9, 1997, H.R. 2018 was received in the Senate and
read twice. On July 11, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 2018 and
passed the bill, without amendment, clearing the measure for
the President.
    H.R. 2018 was presented to the President on July 16, 1997.
The President signed H.R. 2018 into law on July 25, 1997
(Public Law 105-31).

                      balanced budget act of 1997

                 Public Law 105-33 (H.R. 2015, S. 947)

    (Title IV--Medicare, Medicaid, and Children's Health Provisions)

    To provide for reconciliation pursuant to subsections
(b)(1) and (c) of section 105 of the concurrent resolution on
the budget for fiscal year 1998.

Summary

    Title IV of Public Law 105-33, the Balanced Budget Act of
1997, contains provisions dealing with reforming the Medicare
Program, restructuring the Medicaid Program, and establishing
the State Children's Health Insurance Program, all of which
fall within the jurisdiction of the Committee on Commerce.

                                Medicare

Medicare+Choice

    Title IV of Public Law 105-33 establishes a new
Medicare+Choice program, which allows beneficiaries to receive
Medicare benefits through private health plans. The plans must
provide at least the same benefits that traditional Medicare
fee-for service (FFS) provides. A Medicare+Choice plan can be:
(a) a coordinated care plan; (b) a private fee-for-service
plan: or (c) on a limited demonstration basis, a combination of
a medical savings account (MSA) and a Medicare+Choice insurance
plan.
    Coordinated care plans may be offered by a health
maintenance organization (HMO) (with or without a point-of-
service option), a Preferred Provider organization (PPO), or a
Provider Sponsored Organization (PSO). PPOs are groups of
providers who contract with an insurer to serve a group of
enrollees on a negotiated fee-for-service basis (i.e., the
physicians and hospitals agree to accept discounted rates for
services, generally related to volume). A Provider Sponsored
Organization (PSO) is a cooperative venture of a group of
providers who control the delivery of services.
    Title IV of Public Law 105-33 defines an MSA plan as one
that reimburses Medicare-covered services after a specified
deductible (up to $6,000) is met. The difference between the
premium for the high-deductible plan and the applicable
capitation payment would be placed into an account for the
beneficiary to use in meeting expenses below the deductible.
Because beneficiaries get amounts annually, regardless of
actual usage of health services, they may accumulate a
substantial amount of money in their accounts. Beneficiaries
that return to traditional Medicare may keep money accumulated
in their accounts, The MSA option is a demonstration which can
enroll up to 390,000 individuals.
    Under Title IV, a county's payment rate is the highest of
three different rates: (1) a floor, or minimum payment rate;
(2) a minimum update rate; or (3) a blended rate. Once each
county's payment rate is calculated, the total projected
spending for Medicare+Choice plans is compared to a budget
neutral amount. If the projected spending is greater than the
budget neutral amount, payment rates will be reduced until
budget neutrality is met. This is accomplished by lowering
payment rates in the blended counties. No county receives less
than the floor rate or the minimum update.
    Under Title IV, the floor for 1998 is $367 per month. There
were 1,213 counties with 1997 adjusted average per capita cost
(AAPCC) payments below $367. If a county's 1997 AAPCC payment
rate is greater than $367, plans in these counties will be
guaranteed an increase of at least 2 percent in 1998 payment
rates. In other words, the minimum update (or hold harmless
rate) will be equal to the 1997 AAPCC times 102 percent. In
1999, payment rates for the AAPCC will be at least 2 percent
higher than the 1998 rates.
    In part, the AAPCCs were criticized for their wide
variation across counties in the U.S. To reduce variation in
costs across the nation, Title IV blends national and local
rates. Blending reduces payments in counties with AAPCCs that
have been historically higher than the national rates, and
increases payments in counties with AAPCCs that have
traditionally been lower than the national rate. Both the
national and local rates used to compute the blended rate are
adjusted rates. To compute the area-specific rate, graduate
medical education (GME) payments will be phased out of the
capitation rate over 5 years. National rates will be input-
priced adjusted to reflect differences in the costs of
providing medical care across counties. In 1998, input price
adjustments were made to the national average rate using
hospital wage index and geographic adjustment factors, which
are factors used to adjust payments to FFS Medicare providers.

Medicare Savings

    Title IV of Public Law 105-33 achieves Medicare savings by
slowing the rate of growth in payments to hospitals,
physicians, and other providers. The law creates a single
conversion factor beginning in 1998 for physician fees. The
1998 amount will be the 1997 primary care conversion factor,
updated to 1998 by the average of three separate updates.
Beginning in Fiscal Year 1998, this factor is replaced with a
cumulative sustainable growth rate factor based on real gross
domestic product growth.
    The law requires a new implementation of resource-based
practice expenses. Starting in 1998, there will be a
reallocation of no more than $390 million in practice expense
relative value units. The new practice expense methodology will
be phased-in over the 1999-2002 period. In 1999, 25 percent of
the practice payment will be based on the new methodology. The
percentage will increase to 50 percent in 2000, 75 percent in
2001, and 100 percent in 2002.
    Under this law, Medicare's payment for hospital outpatient
services is modified. First, this Act requires that beneficiary
coinsurance amounts be deducted later in the reimbursement
calculation for hospital outpatient services, so that Medicare
payments for covered services are lower. Second, this Act
extends the 5.8 percent reduction for those services paid on a
cost-related basis. Finally, the Act requires the Secretary of
Health and Human Services (the Secretary) to establish a
Prospective Payment System for covered services beginning in
1999.
    Title IV also reduces the annual update for ambulatory
surgical center fees by the Consumer Price Index minus 2
percentage points for each year between Fiscal Years 1998 and
2002. For the payment for laboratory diagnostic tests, the law
freezes the fee schedule update for the Fiscal Year 1998-2002
period. Payment for ambulance services is modified by requiring
that the reasonable costs and charge limits apply through 1999,
with annual increases equal to the Consumer Price Index minus
one percentage point. A fee schedule will be implemented by
January 1, 2000.
    Finally, Title IV makes major changes in payment methods
for home health. The Secretary is required to establish a
prospective payment system (PPS) for home health and to
implement the system beginning in October 1999. Prior to the
PPS system, a series of interim payment changes are made for
home health services. Home health agencies, for cost reporting
periods beginning on or after October 1, 1997, and through
September 1999, will be paid the lesser of: (1) their actual
costs; (2) the per visit limit, reduced to 105 percent of the
national median; or (3) a new blended agency-specific per
beneficiary annual limit applied to the home health agency's
census count of patients. The blended rate will be based on 75
percent of an agency's own cost and 25 percent of the average
cost per beneficiary for agencies in the same census region.

Medicare New Benefits

    Title IV of Public Law 105-33 provides for a series of new
prevention initiatives. First, it authorizes coverage for
annual mammograms for all women ages 40 and over and waives the
deductible for screening mammograms. Second, it authorizes
coverage, every 3 years, for a screening pelvic exam which
includes a clinical beast examination. Third, it authorizes an
annual prostate cancer screening test for men over age 50.
Fourth, it authorizes coverage of, and establishes frequency
limits for, colorectal cancer screening tests. Fifth, it
authorizes coverage for diabetes outpatient self-management
training services. Sixth, it authorizes coverage for bone mass
measurement for high risk persons. Finally, it extends coverage
of influenza and pneumonia vaccines.
    Title IV also authorizes coverage for acute oral anti-
nausea drugs used as part of an anticancer chemotherapeutic
regimen. The drug would have to be administered by a physician
for use immediately before, at, or within 48 hours of the time
of the administration of the chemotherapeutic agent.

Medigap

    Title IV of Public Law 105-33 enacts a new set of
provisions regarding Medigap. The law guarantees issuance of
specified Medigap policies without a pre-existing condition
exclusion for certain continuously enrolled individuals.
Insurers are prohibited from discriminating in the pricing of
such policies on the basis of health status, claims experience,
or medical condition. The guaranteed issuance is extended to a
series of statutorily specified situations which involve
termination of Medicare+Choice plans.

                                Medicaid

Medicaid Savings

    The Medicaid provisions of Title IV of Public Law 105-33
save $17 billion over a 5-year period. These savings come from
three main sources: (1) limits on Federal matching payments to
States for payments to disproportionate share (DSH) hospitals;
(2) authorization for States to pay the Medicaid rates of low-
income Medicare beneficiaries; and (3) the repeal of minimum
payment standards for hospitals, nursing homes, and community
health centers.
    In 1991, Congress enacted State-specific limits on the
amount of Federal Medicaid matching funds States may draw for
payments to DSH hospitals. Title IV lowers these State-specific
limits to achieve $10.4 billion in Federal savings over the
next 5 years. The law also limits the amount of a State's
Federal Medicaid matching fund allotments for DSH that the
State can use for payments to State-operated mental hospitals.
    Prior to the enactment of this Act, States had the option
of Medicaid paying the cost of Medicare deductibles and
coinsurance required of certain low-income Medicare
beneficiaries. These included beneficiaries who were eligible
for full Medicaid benefits (dual eligibles) as well as Medicare
beneficiaries known as Qualified Medicare Beneficiaries (QMBs).
Title IV allows States not to pay these deductibles and
coinsurance amounts to the extent that the payment made to a
physician or other provider by Medicare exceeds the Medicaid
rate for the service.
    Title IV repeals the Boren Amendment requirement that
States pay for nursing facility services and hospital services
covered under Medicaid using rates that are reasonable and
adequate. States are required to provide for a public process
for determination of rates of payment for covered services
under which the proposed rates and final rates are published
along with their underlying methodologies and justification.
The process must give providers and beneficiaries a reasonable
opportunity for review and comment on the proposed rates and
payment methodologies.
    Finally, Title IV maintains the requirement that States
include Federally-qualified health centers (FQHCs) in their
Medicaid package, but phases out the 100 percent cost
reimbursement requirement. The phase-out begins in Fiscal Year
2000, when States are allowed to pay 95 percent of costs;
continues through Fiscal Year 2003, when States are allowed to
pay only 70 percent of costs; and ends with the repeal of the
requirement on October 1, 2003.

Medicaid Coverage Changes

    Title IV of Public Law 105-33 reinstates Medicaid
eligibility for all low-income immigrants legally in the
country as of August 22, 1996, who were elderly or disabled and
receiving Supplemental Security Income (SSI) benefits as of
that date or who subsequently become disabled and qualify for
SSI. The law also requires States to extend Medicaid coverage
to all disabled children who were receiving SSI benefits as of
August 22, 1996 (the date of enactment of the welfare law), and
who would continue to be eligible for SSI were it not for the
more restrictive disability definition.
    Title IV gives States the option to extend Medicaid
coverage to children under age 19 for up to 12 months after a
determination of eligibility regardless of any intervening
change in circumstances. The law likewise gives States the
option of extending Medicaid coverage to children from the time
they are found to be presumptively eligible for Medicaid until
the State agency makes a final determination of eligibility.
    Title IV permanently raises the Federal Medicaid matching
rate for the District of Columbia from the current 50 percent
to 70 percent, and also raises the matching rate for Alaska
from 50 percent to 59.8 percent for the next three years.
    Title IV also establishes a block grant to the States with
$1.5 billion in funding over the next five years. The funds are
to be used to pay the costs of Part B premiums for Medicare
beneficiaries between 120 and 135 percent of the poverty line.
Funds also are to be used for the payment of additional Part B
premiums due to the transfer of payment for the Medicare home
health benefit from Part A to Part B of Medicare for
beneficiaries between 135 percent and 175 percent of the
poverty line. No individual Medicare beneficiary in this block
grant is entitled to premium assistance. States must limit the
number of beneficiaries to whom they extend premium assistance
on a first come, first served basis.
    Finally, Title IV of PL 105-33 contains a significant
expansion in State authority with respect to the use of managed
care. It enables the States to mandatorily enroll Medicaid
beneficiaries in managed care organizations (MCO's) without a
waiver from the Secretary. States are explicitly prohibited,
however, from mandatorily enrolling children with special needs
in managed care. It allows States to contract with managed care
organizations that serve only Medicaid beneficiaries, whereas
previously a MCO could have no more than 75 percent of its
enrollees who were Medicaid eligibles. Beneficiaries must have
a choice of at least two managed care entities, however,
special exceptions may be made in rural areas. The Act also
included a number of important beneficiary and program
integrity protections. It applied the prudent layperson
standard for emergency care, required plans to have quality
assurance and internal grievance programs, and banned ``gag-
clauses'' in physician contracts. It also applied a number of
marketing and enrollment protections (like prohibitions against
cold-call marketing and marketing fraud) in managed care as
well as conflict of interest safeguards for plans and
providers.

               State Children's Health Insurance Program

    Title IV of Public law 105-33 establishes a child health
block gant that offers States $20.3 billion in new Federal
funding over the next five years to provide child health
assistance to uninsured, low-income children. The law allows
States to use these funds to expand coverage for children by
creating separate child health insurance programs or by
expanding coverage under the Medicaid program.
    States can begin to receive their block grant funds
beginning in Fiscal Year 1998, after they submit to the
Secretary of Health and Human Services a child health plan
describing how they intend to spend block grant monies. The law
gives States four options for meeting minimum Federal benefit
standards for insurance coverage under a separate State
program. One, they may offer health benefits coverage
equivalent to the benefits offered under the standard Blue
Cross/Blue Shield preferred provider option service plan
offered to Federal employees. Two, a State may offer health
benefits coverage equivalent to the benefits provided under a
health plan that is offered and generally available to a
State's public employees. Three, a State may offer health
benefits coverage equivalent to the benefits offered by the HMO
within the State that has the highest commercial enrollment.
Four, a State can choose one of the three above plans to serve
as a benchmark for an alternative package of benefits. The
alternative must meet three criteria: (1) it must have an
aggregate actuarial value equivalent to the benchmark plan
selected by the State; (2) it must offer hospital, physician,
lab and x-ray, and well-baby and well-child care; and (3) if
the State's benchmark offers coverage for prescription drugs,
mental health, vision, or hearing benefits, the children's
benefit package must offer some coverage in each of these areas
(the coverage must have an actuarial value that is equal to at
least 75 percent of the benchmark package).
    Title IV limits the extent to which States can impose
premiums or cost-sharing on children enrolled in separate
programs. States cannot adopt cost-sharing or premium policies
that favor higher-income families over lower-income families.
The law offers special protections from premium and cost-
sharing for families with income below 150 percent of the
poverty line.
    Finally, Title IV allows States to use child health funds
to implement an expansion of Medicaid at an enhanced matching
rate. If a State opts to expand coverage under Medicaid, it
would do so by increasing its income eligibility standards to
cover children who did not qualify for Medicaid under State
rules in effect as of April 15, 1997. If a State uses some, or
all, of its grant funds to cover more children under Medicaid,
Medicaid rules relating to entitlement, benefits, cost-sharing,
and delivery of services would apply to the newly covered group
of children.

Legislative History

    On June 12, 1997, the Full Committee considered and
approved three Committee Prints pertaining to health issues for
transmittal to the Committee on the Budget for inclusion in the
Balanced Budget Act of 1997 as follows.
    A Committee Print entitled ``Title IV--Committee on
Commerce--Medicare'', was approved by a roll call vote of 30
yeas to 17 nays. Prior to this action, on June 10, 1997, the
Subcommittee on Health and Environment approved the Committee
Print for Full Committee consideration, amended, by a roll call
vote of 15 yeas to 11 nays.
    A Committee Print entitled ``Title III, Subtitle E--
Medicaid'', was approved by a roll call vote of 28 yeas to 18
nays. Prior to this action, on June 10, 1997, the Subcommittee
on Health and Environment approved the Committee Print for Full
Committee consideration, amended, by a roll call vote of 16
yeas to 12 nays.
    A Committee Print entitled ``Title III, Subtitle F--Child
Health Assistance Program'', was approved by a roll call vote
of 39 yeas to 7 nays. Prior to this action, on June 10, 1997,
the Subcommittee on Health and Environment approved the
Committee Print for Full Committee consideration, amended, by a
voice vote.
    On June 17, 1997, the Chairman of the Committee on Commerce
sent a letter to the Chairman of the Committee on the Budget
transmitting these three Committee Prints for inclusion in the
Balanced Budget Act of 1997.
    The provisions of two of these Committee Prints were
included in the text of Title III of H.R. 2015, as reported to
the House by the Committee on the Budget on June 24, 1997, as
Subtitle E--Medicaid and Subtitle F--Child Health Assistance
Program (CHAP) (H. Rpt. 105-149). The provisions of the
Committee Print dealing with the Medicare Program were included
in the text of Title IV of H.R. 2015, as reported to the House
by the Committee on the Budget on June 24, 1997 (H. Rpt. 105-
149).
    The Committee on Rules met on June 24, 1997, and granted a
rule providing for the consideration of H.R. 2015. The rule was
filed in the House as H. Res. 174. On June 25, 1997, the House
passed H. Res. 174 by a roll call vote of 228 yeas to 200 nays.
    The House considered H.R. 2015 on June 25, 1997, and passed
the bill, amended, by a roll call vote of 270 yeas to 162 nays.
On June 25, 1997, H.R. 2015 was received in the Senate and read
twice.
    On June 20, 1997, the Senate Committee on the Budget
reported a companion bill to the Senate, which was introduced
in the Senate as S. 947 (No Written Report). Pursuant to a
unanimous consent request agreed to on June 20, 1997, the
Senate began consideration of S. 947 on June 23, 1997. The
Senate considered S. 947 on June 23, June 24, and June 25,
1997; and on June 25, 1997, passed S. 947 by a roll call vote
of 73 yeas to 27 nays. Pursuant to a unanimous consent request
agreed to on June 24, 1997, the Senate, on June 25, 1997, then
proceeded to the immediate consideration of H.R. 2015, struck
all after the enacting clause and inserted in lieu thereof the
text of S. 947 as passed by the Senate, and passed H.R. 2015.
By unanimous consent, the Senate postponed further
consideration of S. 947.
    On June 27, 1997, the Senate insisted on its amendment to
H.R. 2015, requested a conference with the House, and appointed
conferees. On July 10, 1997, the House disagreed to the Senate
amendment to H.R. 2015, agreed to a conference with the Senate,
and appointed conferees. A motion to instruct the conferees was
agreed to by a roll call vote of 414 yeas to 14 nays. Members
of the Committee on Commerce were appointed as conferees. On
July 30, 1997, the conference report on H.R. 2015 was filed in
the House (H. Rpt. 105-347).
    On July 29, 1997, the Committee on Rules met and granted a
rule waiving clause 4(b) of Rule XI (requiring a 2/3 vote to
consider a rule on the same day it is reported by the Committee
on Rules) with respect to the rule on H.R. 2015, or amendments
in disagreement reported before August 3, 1997, and the rule on
H.R. 2014 or amendments in disagreement reported before August
3, 1997. The rule was filed in the House as H. Res. 201. On
July 30, 1997, the Committee on Rules met and granted a rule
providing for the consideration of the conference report on
H.R. 2015. The rule was filed in the House as H. Res. 202. On
July 30, 1997, the House passed H. Res. 201 by a roll call vote
of 237 yeas to 187 nays. The House then passed H. Res. 202 by a
voice vote. Finally, on July 30, 1997, the House agreed to the
conference report on H.R. 2015 by a roll call vote of 346 yeas
to 85 nays.
    The Senate considered the conference report on H.R. 2015 on
July 30, and July 31, 1997; and on July 31, 1997, passed the
conference report by a roll call vote of 85 yeas to 15 nays,
clearing the measure for the President.
    H.R. 2015 was presented to the President on August 1, 1997.
On August 5, 1997, the President signed H.R. 2015 into law
(Public Law 105-33).
    (NOTE: Public Law 104-130, the Line Item Veto Act, amended
the Budget Control and Impoundment Act of 1974, as amended, and
gave the President additional rescission authority. The Act
provided that, whenever the President signs a bill or
resolution, the President may cancel in whole (1) any dollar
amount of discretionary budget authority, (2) any item of new
direct spending, or (3) certain limited tax benefits. In making
such cancellations, the President must determine that the
cancellation will (1) reduce the Federal budget deficit, (2)
not impair any essential government functions, and (3) not harm
the national interest. Public Law 104-130 also provides that
these cancellations (line item vetoes) shall be effective upon
receipt in the House and the Senate of a special message from
the President containing the notification of cancellation
unless a disapproval bill for such special message is enacted
into law.
    On August 11, 1997, pursuant to the provisions of Public
Law 104-130, the President cancelled an item of new direct
spending, Section 4722(c) of Public Law 105-33, in its entirety
(Cancellation No. 97-3). Subsection (c) of Section 4722 deals
with a Waiver of Certain Provider Tax Provisions with respect
to the Treatment of State Taxes Imposed on Certain Hospitals in
the State of New York.
    On September 3, 1997, a Message from the President
transmitting A Cancellation of One Item of New Direct Spending
contained in the Balanced Budget Act of 1997 was received in
the House and referred to the Committee on the Budget (H. Doc.
105-115).
    On September 3, 1997, S. 1144, a bill disapproving the
cancellation transmitted by the President on August 11, 1997,
regarding Public Law 105-33, was introduced in the Senate by
Senators Moynihan and D'Amato. The bill was referred to the
Senate Committee on Finance. On September 15, 1997, pursuant to
the provisions of section 1023 of Public Law 93-344, the
Congressional Budget and Impoundment Control Act of 1974, the
Senate Committee on Finance was discharged from further
consideration of S. 1144 and the bill was placed on the Senate
Calendar. No further action was taken on S. 1144.
    On September 9, 1997, H.R. 2436, a bill disapproving the
cancellation transmitted by the President on August 11, 1997,
regarding Public Law 105-33, was introduced in the House by
Representatives Gilman and Rangel. The bill was referred solely
to the Committee on Commerce. No further action was taken on
H.R. 2436.
    On June 25, 1998, the United States Supreme Court, in
Clinton, et al. v. City of New York, et al., held that the Line
Item Veto Act (Public Law 104-130) violated the Presentment
Clause of the Constitution. That Clause requires every bill
which has passed the House and Senate before becoming law must
be presented to the President for approval or veto, but is
silent on whether the President may amend or repeal provisions
of bills that have passed the House and Senate in identical
form. The Court interpreted silence on this issue as equivalent
to an express prohibition.
    The Court concluded that the Line Item Veto Act
unconstitutionally empowered the President unilaterally to
repeal or amend provisions of duly enacted bills. Nonvetoed
items that emerged as law were truncated versions of bills
passed by both Houses of Congress, but not the product of the
finely wrought procedure for lawmaking designed by the framers
of the Constitution.
    After reviewing the Court's decision, the Department of
Justice determined that the ruling invalidated each of the
cancellations made pursuant to the Line Item Veto Act,
including those not subject to the suit. Acting on this
determination, the Office of Management and Budget made
available to the affected agencies all funds that had been
canceled pursuant to the Act with one exception pertaining to
mineral rights which was subject to a rescission proposal
submitted to Congress.)

                      taxpayer relief act of 1997

        Public Law 105-34 (H.R. 2014, H. Con. Res. 138, S. 949)

    To provide for reconciliation pursuant to subsections
(b)(2) and (d) of section 105 of the concurrent resolution on
the budget for fiscal year 1998.

Summary

    Section 1604 of Title XVI of Public Law 105-34 amends the
Balanced Budget Act of 1997 (Public Law 105-33) to direct the
Secretary of Health and Human Services to provide, either
directly or through grants, for research into the prevention
and cure of Type I diabetes.

Legislative History

    H.R. 2014 was introduced in the House on June 24, 1997, by
Mr. Kasich as an original measure, and was reported to the
House on the same day by the Committee on the Budget (H. Rpt.
105-148).
    The Committee on Rules met on June 24, 1997, and granted a
rule providing for the consideration of H.R. 2014. The rule was
filed in the House as H. Res. 174. On June 25, 1997, the House
passed H. Res. 174 by a roll call vote of 228 yeas to 200 nays
and 1 voting present.
    The House considered H.R. 2014 on June 26, 1997, and passed
the bill, amended, by a roll call vote of 253 yeas to 179 nays.
On June 26, 1997, H.R. 2015 was received in the Senate.
    On June 20, 1997, the Senate Committee on Finance reported
a companion bill to the Senate, which was introduced in the
Senate as S. 949 (S. Rpt. 105-33). The Senate considered S. 949
on June 25, June 26, and June 27, 1997. On June 27, 1997, by
unanimous consent, the Senate proceeded to the immediate
consideration of H.R. 2014, struck all after the enacting
clause and inserted in lieu thereof the text of S. 949, as
amended by the Senate, and passed H.R. 2014 by a roll call vote
of 80 yeas to 18 nays. On June 27, 1997, the Senate insisted on
its amendment to H.R. 2014, requested a conference with the
House, and appointed conferees. Subsequently, on June 27, 1997,
by unanimous consent, S. 949 was returned to the Senate
Calendar.
    On July 8, 1997, H.R. 2014 was returned to the House. On
July 10, 1997, the House disagreed to the Senate amendment to
H.R. 2014, agreed to a conference with the Senate, and
appointed conferees. A motion to instruct the conferees failed
by a roll call vote of 199 yeas to 233 nays. Although not
appointed as conferees, Members of the Committee on Commerce
worked with the House and Senate Conferees on H.R. 2014 with
respect to the issue under the Committee's jurisdiction.
    On July 29, 1997, the Committee on Rules met and granted a
rule waiving clause 4(b) of Rule XI (requiring a 2/3 vote to
consider a rule on the same day it is reported by the Committee
on Rules) with respect to the rule on H.R. 2015, or amendments
in disagreement reported before August 3, 1997, and the rule on
H.R. 2014 or amendments in disagreement reported before August
3, 1997. The rule was filed in the House as H. Res. 201. On
July 30, 1997, the House passed H. Res. 201 by a roll call vote
of 237 yeas to 187 nays.
    The conference report on H.R. 2014 was filed in the House
on July 30, 1997 (H. Rpt. 105-220). On July 30, 1997, the
Committee on Rules met and granted a rule providing for the
consideration of the conference report on H.R. 2014. The rule
was filed in the House as H. Res. 206. The House passed H. Res.
206, amended, by a voice vote on July 31, 1997. On July 30,
1997, the House agreed to the conference report on H.R. 2014 by
a roll call vote of 389 yeas to 43 nays. Finally, on July 31,
1997, by unanimous consent, the House proceeded to the
immediate consideration of H. Con. Res. 138, a resolution to
correct technical errors in the enrollment of H.R. 2014, and
agreed to the concurrent resolution.
    On July 31, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of the conference
report on H.R. 2014 and agreed to the conference report by a
roll call vote of 92 yeas to 8 nays, clearing the measure for
the President. By unanimous consent, the Senate then proceeded
to the immediate consideration of H. Con. Res. 138, a
resolution to correct technical errors in the enrollment of
H.R. 2014, and agreed to the concurrent resolution on July 31,
1997.
    H.R. 2014 was presented to the President on August 1, 1997.
On August 5, 1997, the President signed H.R. 2014 into law
(Public Law 105-34).
    (NOTE: Public Law 104-130, the Line Item Veto Act, amended
the Budget Control and Impoundment Act of 1974, as amended, and
gave the President additional rescission authority. The Act
provided that, whenever the President signs a bill or
resolution, the President may cancel in whole (1) any dollar
amount of discretionary budget authority, (2) any item of new
direct spending, or (3) certain limited tax benefits. In making
such cancellations, the President must determine that the
cancellation will (1) reduce the Federal budget deficit, (2)
not impair any essential government functions, and (3) not harm
the national interest. Public Law 104-130 also provides that
these cancellations (line item vetoes) shall be effective upon
receipt in the House and the Senate of a special message from
the President containing the notification of cancellation
unless a disapproval bill for such special message is enacted
into law.
    On August 11, 1997, pursuant to the provisions of Public
Law 104-130, the President cancelled two limited tax benefits
(Cancellation No. 97-1 and Cancellation No. 97-2). Cancellation
No. 97-1 cancels Section 1175, ``Exemption for Active Financing
Income'', in its entirety. Cancellation No. 97-2 cancels
Section 968, ``Nonrecognition of Gain on Sale of Stock to
Certain Farmers' Cooperatives'', in its entirety.
    On September 3, 1997, a Message from the President
transmitting Cancellations of Two Limited Tax Benefits
contained in the Taxpayer Relief Act of 1997 was received in
the House and referred to the Committee on the Budget and the
Committee on Ways and Means. (H. Doc. 105-116.)
    On June 25, 1998, the United States Supreme Court, in
Clinton, et al. v. City of New York, et al., held that the Line
Item Veto Act (Public Law 104-130) violated the Presentment
Clause of the Constitution. That Clause requires every bill
which has passed the House and Senate before becoming law must
be presented to the President for approval or veto, but is
silent on whether the President may amend or repeal provisions
of bills that have passed the House and Senate in identical
form. The Court interpreted silence on this issue as equivalent
to an express prohibition.
    The Court concluded that the Line Item Veto Act
unconstitutionally empowered the President unilaterally to
repeal or amend provisions of duly enacted bills. Nonvetoed
items that emerged as law were truncated versions of bills
passed by both Houses of Congress, but not the product of the
finely wrought procedure for lawmaking designed by the framers
of the Constitution.
    After reviewing the Court's decision, the Department of
Justice determined that the ruling invalidated each of the
cancellations made pursuant to the Line Item Veto Act,
including those not subject to the suit. Acting on this
determination, the Office of Management and Budget made
available to the affected agencies all funds that had been
canceled pursuant to the Act with one exception pertaining to
mineral rights which was subject to a rescission proposal
submitted to Congress.)

                      stamp out breast cancer act

                     Public Law 105-41 (H.R. 1585)

    To allow postal patrons to contribute to funding for breast
cancer research through the voluntary purchase of certain
specially issued United States postage stamps, and for other
purposes.

Summary

    H.R. 1585 requires the U.S. Postal Service to establish a
special rate of postage for first-class mail that is equal to
the regular rate plus a differential of not to exceed 25
percent to be offered as an alternative that patrons may use
voluntarily to contribute to funding for breast cancer
research.
    H.R. 1585 requires the U.S. Postal Service to pay 70
percent of the amounts attributable (additional revenues minus
costs) to such differential to the National Institutes of
Health and the remainder to the Department of Defense under
arrangements as mutually agreed, provided payments are made at
least twice a year.
    In addition, the Postmaster General is required to include
in each annual report to the Board of Governors information
concerning the operation of this Act.
    Finally, the provisions of this Act will be terminated at
the end of the two-year period beginning on the date on which
such postage stamps are first made available to the public. The
Comptroller General is required to report to the Congress, no
later than three months (but not earlier than six months)
before the end of the two-year period, on the operation of this
Act.

Legislative History

    H.R. 1585 was introduced in the House by Ms. Molinari and
two cosponsors on May 13, 1997. The bill was referred to the
Committee on Government Reform and Oversight, and in addition
to the Committee on Commerce and the Committee on National
Security. Within the Committee on Commerce, the bill was
referred to the Subcommittee on Health and Environment.
    On July 22, 1997, the House considered H.R. 1585 under
Suspension of the Rules, thereby discharging the Committees of
referral from further consideration of H.R. 1585. The House
passed H.R. 1585, amended, by a roll call vote of 422 yeas to 3
nays.
    On July 23, 1997, H.R. 1585 was received in the Senate and
read twice. On July 24, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 1585, and
passed the bill, clearing the measure for the President.
    H.R. 1585 was presented to the President on August 1, 1997.
The President signed H.R. 1585 into law on August 13, 1997
(Public Law 105-41).

  departments of labor, health and human services, and education, and
               related agencies appropriations act, 1998

                 Public Law 105-78 (H.R. 2264, S. 1061)

                          (Health Provisions)

    Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 1998, and for other purposes.

Summary

    Public Law 105-78 provides appropriations for Fiscal Year
1998 for the Departments of Labor, Health and Human Services,
and Education, and related agencies. Additionally, the Act
includes several provisions falling with the jurisdiction of
the Committee on Commerce dealing with health issues.
    Section 211 of Public Law 105-78 includes provisions
dealing with the relocation of the Gillis W. Long Hansen's
Disease Center, which reflect an amended version of the text of
H.R. 1588, the Hansen's Disease Program Amendments Act of 1997,
which was introduced in the House on May 8, 1997, by Mr. Baker
and five cosponsors and referred solely to the Committee on
Commerce.
    Section 211 sets forth procedures to be used for the
relocation of the Gillis W. Long Hansen's Disease Center and
the transfer to the State of Louisiana of the property at the
current site of such Center, including administrative
procedures for the relocation of patients and separation of
employees.
    Section 603 of Public Law 105-78 includes provisions
dealing with Parkinson's Disease research, which reflect an
amended version of the text of H.R. 1260, the Morris K. Udall
Parkinson's Disease Research Act of 1997, which was introduced
in the House on April 9, 1997, by Mr. Upton and 110 cosponsors
and referred solely to the Committee on Commerce.
    Section 603 amends the Public Health Service Act to require
the Director of National Institutes of Health to establish a
program for research and training with respect to Parkinson's
disease. Specifically, it authorizes the Director to award up
to ten Core Center Grants to encourage the development of
innovative multidisciplinary research and provide training
concerning Parkinson's. This section also establishes a grant
program to support investigators who have proven records of
excellence and innovation in Parkinson's research. Finally, for
the purposes of carrying out this section and section 301 and
Title IV of the Public Health Service Act with respect to
Parkinson's Disease research, $100 million is authorized for
Fiscal Year 1998 and such sums as may be necessary for each of
Fiscal Years 1999 and 2000.
    Members of the Committee on Commerce worked with the
Members of the House and Senate Appropriations Committees to
develop both of these provisions.

Legislative History

    H.R. 2264 was introduced in the House on July 25, 1997, by
Mr. Porter, as an original measure, and reported to the House
on the same day by the Committee on Appropriations (H. Rpt.
105-205).
    The Committee on Rules met on July 28, 1997, and granted a
rule providing for the consideration of H.R. 2264. The rule was
filed in the House as H. Res. 199. On July 31, 1997, the House
agreed to a unanimous consent request providing for the
consideration of H.R. 2264 and amendments thereto.
Subsequently, on July 31, 1997, H. Res. 199 was laid on the
table.
    The House considered H.R. 2264 on September 4, September 5,
September 8, September 9, September 10, September 11, September
16, and September 17, 1997. On September 17, 1997, the House
passed H.R. 2264, amended, by a roll call vote of 346 yeas to
80 nays.
    On July 24, 1997, the Senate Committee on Appropriations
reported S. 1061, a companion bill, to the Senate (S. Rpt. 105-
58). The Senate considered S. 1061 on September 2, September 3,
September 4, September 5, September 8, September 9, September
10, and September 11, 1997. On September 11, 1997, the Senate
passed S. 1061, amended, by roll call vote of 92 yeas to 8
nays.
    On September 17, 1997, H.R. 2264 was received in the Senate
and read twice. Pursuant to a unanimous consent request agreed
to on September 4, 1997, the Senate, on September 17, 1997,
proceeded to the immediate consideration of H.R. 2264, struck
all after the enacting clause and inserted in lieu thereof the
text of S. 1061, as passed by the Senate, and passed H.R. 2264
amended. On September 17, 1997, the Senate insisted on its
amendment to H.R. 2264, requested a conference with the House,
and appointed conferees. Finally on September 17, 1997, by
unanimous consent, the Senate vitiated passage of S. 1061 and
indefinitely postponed further consideration of the bill.
    On September 23, 1997, the House disagreed to the Senate
amendment to H.R. 2264, agreed to a conference with the Senate,
and appointed conferees. A motion to instruct the conferees was
agreed to by a voice vote.
    On November 7, 1997, the conference report on H.R. 2264 was
filed in the House (H. Rpt. 105-390). On November 7, 1997, the
House agreed to the conference report on H.R. 2264 by a roll
call vote of 352 yeas to 65 nays.
    On November 8, 1997, the Senate proceeded to the immediate
consideration of the conference report on H.R. 2264, and agreed
to the conference by a roll call vote of 91 yeas to 4 nays,
clearing the measure for the President.
    H.R. 2264 was presented to the President on November 8,
1997. The President signed H.R. 2264 into law on November 13,
1997 (Public law 105-78).

        national defense authorization act for fiscal year 1998

     Public Law 105-85 (H.R. 1119, S. 936, S. 924, S. Con. Res. 64)

                  (Environment and Health Provisions)

    To authorize appropriations for fiscal year 1998 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

    Public Law 105-85 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including provisions dealing with environment and health
issues. Members of the Committee on Commerce were appointed as
conferees on these provisions and participated in the
conference negotiations which led to the agreements contained
in H.R. 1119.
    Section 351 of Title III of Division A contains a provision
establishing a policy for the sale of Clean Air Act emission
reduction credits by military facilities. This section
authorizes the Secretary of Defense to establish a two-year
pilot program to assess the feasibility and advisability for
the sale of economic incentives for the reduction of air
pollutants. The section also allows the proceeds of the sale of
such economic incentives to be credited to the funds available
to the military facility for the costs of identifying,
quantifying, or valuing the economic incentives that are sold.
If, after the proceeds are credited for the above-specified
activities, there remains a balance attributable to the sale,
this balance may be made available to the Secretary of Defense
for allocation to programs, projects and activities necessary
for compliance with Federal environmental laws and, to the
extent practicable, allocated to the facilities which generated
the economic incentives. The total amount allocated from all
sales in a fiscal year, however, may not exceed $500,000, with
any balance above this amount turned over to the U.S. Treasury
as miscellaneous receipts.
    With respect to health issues, Public Law 105-85 contains
the following provisions which fall within the jurisdiction of
the Committee on Commerce: (1) Section 601, dealing with an
increase in basic pay for Fiscal Year 1998; (2) Section 653,
dealing with the eligibility of Public Health Service (PHS)
officers and National Oceanic and Atmospheric Administration
(NOAA) Commissioned Corps officers for reimbursement of
adoption expenses; (3) Section 734, dealing with dental
insurance plan coverage for retirees of the PHS and NOAA; and
(4) Section 737, dealing with portability of State licenses for
Department of Defense health care professionals.

Legislative History

    H.R. 1119 was introduced in the House by Representatives
Spence and Dellums on March 19, 1997, and referred solely to
the Committee on National Security. The Committee on National
Security met to consider H.R. 1119 on June 11, 1997, and
ordered the bill reported to the House, amended, by a roll call
vote of 51 yeas to 3 nays. On June 16, 1997, the Committee on
National Security reported H.R. 1119 to the House (H. Rpt. 105-
132).
    The Committee on Rules met on June 18, 1997, and granted a
rule providing for the consideration of H.R. 1119. The rule was
filed in the House as H. Res. 169. On June 19, 1997, the House
passed H. Res. 169, amended, by a roll call vote of 322 yeas to
101 nays.
    The House considered H.R. 1119 on June 19, June 20, June
23, June 24, and June 25, 1997; and on June 25, 1997, passed
the bill, as amended by a roll call vote of 304 yeas to 120
nays. On July 7, 1997, H.R. 1119 was received in the Senate,
read twice, and placed on the Senate Calendar.
    On June 17, 1997, the Senate Committee on Armed Services
reported an original measure to the Senate, which was
introduced in the Senate by Mr. Thurmond as S. 924 and placed
on the Senate Calendar (S. Rpt. 105-29). On June 18, 1997, the
Senate Committee on Armed Services reported an original measure
to the Senate, which was introduced in the Senate by Mr.
Thurmond as S. 936 and placed on the Senate Calendar (No
Written Report).
    The Senate considered S. 936 on June 19, June 20, July 7,
July 8, July 9, July 10, and July 11, 1997. On July 11, 1997,
the Senate passed S. 936, amended, by a roll call vote of 94
yeas to 4 nays. On July 11, 1997, by unanimous consent, the
Senate agreed to a request that S. Rpt. 105-29, the report to
accompany S. 924, be deemed to be the report to accompany S.
936. The Senate then, by unanimous consent, took H.R. 1119 from
the Senate Calendar and passed the bill, amended with the text
of S. 936 as passed by the Senate. The Senate insisted on its
amendment to H.R. 1119, requested a conference with the House,
and appointed conferees.
    On July 25, 1997, the House disagreed to the Senate
amendment to H.R. 1119, agreed to a conference with the Senate,
and appointed conferees. Members of the Committee on Commerce
were appointed as conferees. The House, on July 25, 1997, also
agreed by a roll call vote of 414 yeas to 0 nays to a motion to
instruct the conferees and, by a roll call vote of 409 yeas to
1 nay, agreed to a motion to close portions of the conference.
    On September 5, 1997, the House agreed to a second motion
to instruct the conferees by a roll call vote of 261 yeas to
150 nays. The conference report on H.R. 1119 was filed in the
House on October 23, 1997 (H. Rpt. 105-340).
    On October 23, 1997, the Committee on Rules met and granted
a rule providing for the consideration of the conference report
on H.R. 1119. The rule was filed in the House as H. Res. 278.
On October 28, 1997, the House passed H. Res. 278 by a roll
call vote of 353 yeas to 59 nays.
    The House agreed to the conference report by a roll call
vote of 286 yeas to 123 nays on October 28, 1997. The Senate
agreed to the conference report by a roll call vote of 90 yeas
to 10 nays on November 6, 1997.
    On November 6, 1997, the Senate also agreed to S. Con. Res.
64, a resolution to provide for corrections in the enrollment
of H.R. 1119, pursuant to a unanimous consent request agreed to
on October 31, 1997. S. Con. Res. 64 was received in the House
on November 6, 1997, and held at the desk. No further action
was taken on S. Con. Res. 64.
    H.R. 1119 was presented to the President on November 6,
1997. The President signed H.R. 1119 into law on November 18,
1997 (Public Law 105-85).

                 adoption and safe families act of 1997

                      Public Law 105-89 (H.R. 867)

    To promote the adoption of children in foster care.

Summary

    Section 306 of Title III of Public Law 105-89 mandates that
State plans for foster care and adoption assistance provide
health insurance coverage for children with special needs.
Additionally, Title III also prohibits the Secretary of Health
and Human Services from authorizing a State demonstration
project if it fails to provide health insurance coverage for
certain children with special needs.

Legislative History

    H.R. 867 was introduced in the House by Mr. Camp and two
cosponsors on February 27, 1997. The bill was referred solely
to the Committee on Ways and Means.
    The Committee on Ways and Means considered H.R. 867 on
April 23, 1997, and ordered the bill reported to the House,
amended, by a voice vote. The Committee reported H.R. 867 to
the House on April 28, 1997 (H. Rpt. 105-77).
    The Committee on Rules met on April 29, 1997, and granted a
rule providing for the consideration of H.R. 867. The rule was
filed in the House as H. Res. 134. On April 30, 1997, the House
passed H. Res. 134 by a voice vote.
    The House considered H.R. 867 on April 30, 1997, and passed
the bill, amended, by a roll call vote of 416 yeas to 5 nays.
On May 1, 1997, H.R. 867 was received in the Senate. On June 2,
1997, H.R. 867 was read a first time. On June, 3, 1997, H.R.
867 was read for the second time and placed on the Senate
Calendar.
    On November 8, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 867 and passed
the bill, amended.
    On November 13, 1997, the House considered H. Res. 327
under Suspension of the Rules, and passed the resolution by a
roll call vote of 406 yeas to 7 nays. H. Res. 327 provided for
the agreement of the House to the Senate amendment to H.R. 867,
with an amendment.
    On November 13, 1997, H. R. 867 was laid before the Senate
and, by unanimous consent, the Senate concurred in the House
amendment to the Senate amendment to H.R. 867, clearing the
measure for the President.
    H.R. 867 was presented to the President on November 17,
1997. The President signed H.R. 867 into law on November 19,
1997 (Public Law 105-89).

         food and drug administration modernization act of 1997

 Public Law 105-115 (S. 830, H.R. 1411, H.R. 1710, H.R. 2469, H. Con.
                       Res. 196, S. Con. Res. 69)

    To amend the Federal Food, Drug, and Cosmetic Act and the
Public Health Service Act to improve the regulation of food,
drugs, devices, and biological products, and for other
purposes.

Summary

    The Food and Drug Administration Modernization Act of 1997
(Modernization Act) addresses, among other things, approval of
prescription drugs, medical devices, and food additives.
    With respect to product approvals for drugs, the
Modernization Act, reauthorizes the Prescription Drug User Fee
Act of 1992, which, during its first five years, resulted in
over $325 million being submitted to the FDA which paid for 600
new reviewers at the FDA, which reduced FDA's average drug
approval time by more than 13 months. The Modernization Act
also establishes a formal mechanism for identifying cutting-
edge, breakthrough drugs early in the research and development
process, and provides manufacturers with the opportunity for
early interaction with the FDA to help streamline approval. In
addition, the Modernization Act clarifies that data from an
adequate and well-controlled study, under certain
circumstances, may constitute substantial evidence of
effectiveness; establishes time lines for FDA action on IND
submissions and clinical holds; allows, under certain
circumstances, abbreviated reports to be submitted in place of
full reports on clinical and nonclinical studies for inclusion
in NDAs or biologics license applications; establishes
requirements regarding agency actions in reviewing
applications; and, requires the agency to establish independent
Scientific Advisory Panels to provide advice and
recommendations on drug and biological product clinical
investigations and marketing approvals.
    With respect to medical devices, the Modernization Act
streamlines product approvals by establishing procedures for
the accreditation of third-party reviewers to review certain
510(k) premarket notification submissions and to make
recommendations regarding the initial classification of
devices. This allows FDA to redirect its resources to priority,
high-risk devices, while maintaining the critical review of
products before they enter the marketplace. The Modernization
Act also eliminates several unnecessary regulatory burdens
including, among others: allowing investigational device and
protocol modifications without prior FDA clearance; developing
specific procedures for investigational plans for FDA's review;
creating special review procedures for Premarket Approval (PMA)
applications for devices representing breakthrough
technologies; establishing accredited third party reviews;
creating additional 510(k) exemptions; allowing for certain
new, low risk products to be initially classified according to
risk, rather than receiving an automatic class III designation;
establishing certainty of review time frames for 510(k)s and
PMAs; and providing clarification on the number of required
clinical investigations required for PMA approval.
    With respect to food products, the Modernization Act
improves the regulation of food through such reforms, among
others, as those pertaining to the timetable and regulatory
authority of the Secretary of Health and Human Services in
processing health and nutrient content claims, and food contact
substance notifications.

Legislative History

    In preparation for legislative action on the modernization
of the Food and Drug Administration, the Subcommittee on Health
and Environment held two oversight hearings. On April 23, 1997,
the Subcommittee held a hearing on the Reauthorization of the
Prescription Drug User Fee Act and FDA Reform. Witnesses
included representatives of the Food and Drug Administration,
the pharmaceutical industry, the National Multiple Sclerosis
Society, the Children's Brain Tumor Foundation and the American
Academy of Pediatrics, academic experts, and patients.
    On April 30, 1997, the Subcommittee on Health and
Environment held an oversight hearing on Medical Devices:
Technological Innovation and Patient/Provider Perspectives. The
Subcommittee received testimony from representatives of the
Food and Drug Administration and State and university
hospitals.
    In connection with these hearings, three bills were
introduced in the House to amend the Federal Food, Drug and
Cosmetic Act with respect to the regulation of food, drugs, and
medical devices.
    On April 23, 1997, H.R. 1411, the Drug and Biological
Products Modernization Act of 1997, was introduced in the House
by Mr. Burr and five cosponsors. The bill was referred solely
to the Committee on Commerce. The purpose of this bill was to
facilitate the development and approval of new drugs and
biological products.
    On May 22, 1997, H.R. 1710, the Medical Device Regulatory
Modernization Act of 1997, was introduced in the House by Mr.
Barton and 39 cosponsors. The bill was referred solely to the
Committee on Commerce. The purpose of this bill was to
facilitate the development, clearance, and use of devices to
maintain and improve the public health and quality of life of
the citizens of the United States.
    On September 11, 1997, H.R. 2469, the Food and Nutrition
Information Reform Act, was introduced in the House by Mr.
Whitfield and 14 cosponsors. The bill was referred solely to
the Committee on Commerce. The purpose of this bill was to
provide for improvements in the regulation of food ingredients,
nutrient content claims, and health claims.
    S. 830, a companion bill dealing with modernization of the
Food and Drug Administration, was introduced in the Senate on
June 5, 1997, by Mr. Jeffords and seven cosponsors. The bill
was referred to the Senate Committee on Labor and Human
Resources. On June 18, 1997, the Senate Committee on Labor and
Human Resources considered S. 830 and ordered the bill reported
to the Senate, amended. On July 1, 1997, pursuant to the
unanimous consent agreement reached on June 27, 1997, for
filing reports during the Senate recess, the Senate Committee
on Labor and Human Resources reported S. 830 to the Senate (S.
Rpt. 105-43).
    The Senate considered S. 830 on September 11, September 16,
September 18, September 19, September 23, and September 24,
1997. On September 24, 1997, the Senate passed S. 830, amended,
by a roll call vote of 98 yeas to 2 nays. On September 25,
1997, S. 830 was received in the House and held at the desk.
    On September 17, 1997, the Subcommittee on Health and
Environment met in open markup session and approved for Full
Committee consideration, the following three bills: (1) H.R.
1411, the Prescription Drug User Fee Reauthorization and Drug
Regulatory Modernization Act of 1997, amended, by a voice vote;
(2) H.R. 2469, the Food and Nutrition Information Reform Act of
1997, amended, by a voice vote; and (3) H.R. 1710, the Medical
Device Regulatory Modernization Act of 1997, amended, by a
voice vote.
    On September 25, 1997, the Full Committee met in open
markup session and ordered H.R. 1411 reported to the House,
amended, by a roll call vote of 43 yeas to 0 nays. On that same
day, the Full Committee also ordered H.R. 2469 reported to the
House, amended, by a roll call vote of 43 yeas to 0 nays. On
September 26, 1997, the Full Committee met in open markup
session and ordered H.R. 1710 reported to the House, amended,
by a voice vote, a quorum being present.
    On October 6, 1997, the Committee on Commerce reported H.R.
2469 to the House (H. Rpt. 105-306). On October 6, 1997, the
Committee on Commerce also reported H.R. 1710 to the House (H.
Rpt. 105-307). On October 7, 1997, the Committee on Commerce
reported H.R. 1411 to the House (H. Rpt. 105-310).
    On October 7, 1997, the House considered H.R. 1411 under
Suspension of the Rules and passed the bill, amended, by a
voice vote. As passed by the House, H.R. 1411 included the
provisions of three separate bills reported by the Committee on
Commerce: (1) H.R. 1411, the Prescription Drug User Fee
Reauthorization and Drug Regulatory Modernization Act of 1997;
(2) H.R. 2469, the Food and Nutrition Information Reform Act of
1997; and (3) H.R. 1710, the Medical Device Regulatory
Modernization Act of 1997.
    On October 7, 1997, the House, by unanimous consent, took
S. 830 from the desk and passed the bill after striking all
after the enacting clause and inserting in lieu thereof the
text of H.R. 1411, as passed by the House. Subsequently, on
October 7, 1997, H.R. 1411 was laid on the table.
    On October 22, 1997, by unanimous consent, the House
insisted on its amendment to S. 830, requested a conference
with the Senate, and appointed conferees. On October 23, 1997,
the Senate disagreed to the House amendment to S. 830, agreed
to a conference with the House, and appointed conferees. On
November 9, 1997, the conference report on S. 830 was filed in
the House (H. Rpt. 105-399).
    The Senate agreed to the conference report on S. 830 on
November 9, 1997, by a voice vote. On November 9, 1997, the
House considered the conference report on S. 830 under
Suspension of the Rules, and agreed to the conference report by
a voice vote, clearing the measure for the President.
    On November 13, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of S. Con. Res. 69, a
resolution to correct the enrollment of S. 830, and passed the
concurrent resolution. S. Con. Res. 69 was received in the
House on November 13, 1997, and held at the desk. No further
action was taken on S. Con. Res. 69.
    On November 13, 1997, the House considered H. Con. Res.
196, a resolution to correct the enrollment of S. 830, under
Suspension of the Rules, and passed the concurrent resolution
by a voice vote. H. Con. Res. 196 was received in the Senate on
November 13, 1997, and referred to the Senate Committee on
Labor and Human Resources. No further action was taken on H.
Con. Res. 196.
    S. 830 was presented to the President on November 19, 1997.
The President signed S. 830 into law on November 21, 1997
(Public Law 105-115).

                  birth defects prevention act of 1998

                      Public Law 105-168 (S. 419)

    To provide surveillance, research, and services aimed at
prevention of birth defects, and for other purposes.

Summary

    S. 419 amends the Public Health Service Act to direct the
Secretary of Health and Human Services (the Secretary), acting
through the Director of the Centers for Disease Control and
Prevention, to carry out programs to: (1) collect and analyze,
and make available data on birth defects in a manner that
facilitates compliance with this Act, including data on the
causes of such defects and on the incidence and prevalence of
such defects; (2) operate regional centers for the conduct of
applied epidemiological research on the prevention of such
defects; and (3) provide information and education to the
public on the prevention of such defects.
    The bill also requires the Secretary, in collecting,
analyzing, and making available data on birth defects, to: (1)
collect and analyze data by gender and by racial and ethnic
group; (2) collect such data from birth and death certificates,
hospital records, and such other sources as the Secretary
determines to be appropriate; and (3) encourage States to
establish or improve programs for the collection and analysis
of epidemiological data on birth defects and to make the data
available.
    S. 419 requires the Secretary to report biennially to the
House Committee on Commerce and the Senate Committee on Labor
and Human Resources on birth defects, and authorizes
appropriations for carrying out this program in the following
amounts: $30 million for Fiscal Year 1999, $40 million for
Fiscal Year 2000, and such sums as may be necessary for each of
Fiscal Years 2001 and 2002.

Legislative History

    S. 419 was introduced in the Senate by Mr. Bond and 17
cosponsors on March 11, 1997. The bill was referred to the
Senate Committee on Labor and Human Resources.
    On June 12, 1997, by unanimous consent, the Senate
Committee on Labor and Human Resources was discharged from
further consideration of S. 419. The Senate then, by unanimous
consent, proceeded to the immediate consideration of S. 419 and
passed the bill, amended, on June 12, 1997, by a voice vote.
    On June 16, 1997, S. 419 was received in the House. On June
17, 1997, S. 419 was referred solely to the Committee on
Commerce.
    On March 5, 1998, the Chairman of the Committee on Commerce
sent a letter to the Speaker asking that, in order to expedite
consideration, the Committee be discharged from further
consideration of S. 419 and that the bill be scheduled for
floor consideration under Suspension of the Rules, provided
that such action would not prejudice the Commerce Committee's
jurisdictional prerogatives with respect to the legislation.
    On March 10, 1998, the House considered S. 419 under
Suspension of the Rules, thereby discharging the Committee on
Commerce from further consideration of S. 419, and passed by
bill, by a roll call vote of 405 yeas to 2 nays, clearing the
measure for the President.
    S. 419 was presented to the President on April 17, 1998.
The President signed S. 419 into law on April 21, 1998 (Public
Law 105-168).

             transportation equity act for the 21st century

                Public Law 105-178 (H.R. 2400, S. 1173)

                        (Environment Provisions)

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

Summary

    Public Law 105-178 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including several dealing with environment related issues.
Members of the Committee on Commerce were appointed as
conferees on these provisions and participated in the
conference negotiations which led to the agreements contained
in H.R. 2400.
    Title I of Public Law 105-178 contains provisions
reauthorizing the Environmental Protection Agency's (EPA's)
Congestion Mitigation and Air Quality program (CMAQ). The CMAQ
program funds certain State transportation projects designed to
reduce the emissions of pollutants and thereby increase air
quality. Title I also contains certain provisions concerning
planning and management of transportation projects.
    Title VI of Public Law 105-178 contains provisions
concerning EPA's implementation of the revised ozone and
particulate matter air quality standards and the regional haze
program. These provisions ensure that EPA will implement the
revised standards and the regional haze program in accordance
with the schedule and principles set forth in the President's
July 16, 1997, Memorandum.

Legislative History

    On June 18, 1997, the Subcommittee on Health and
Environment held an oversight hearing on Reauthorization of
Transportation-Related Air Quality Improvement Programs. At
that hearing, testimony on CMAQ and other air quality programs
was received from Federal agencies, associations, and industry.
    H.R. 2400 was introduced in the House on September 4, 1997,
by Mr. Shuster and three cosponsors. The bill was referred to
the Committee on Transportation and Infrastructure, and in
addition to the Committee on the Budget.
    On March 24, 1998, the Committee on Transportation and
Infrastructure met to consider H.R. 2400, and ordered the bill
reported to the House, amended, by a roll call vote of 69 yes
to 0 nays. On March 25, 1998, the Committee on Transportation
and Infrastructure reported H.R. 2400 to the House (H. Rpt.
105-467, Part 1). On March 25, 1998, the referral of H.R. 2400
to the Committee on the Budget was extended for a period ending
not later than March 27, 1998. On March 25, 1998, H.R. 2400 was
also referred, sequentially, to the Committee on Ways and Means
for a period ending not later than March 27, 1998.
    On March 25, 1998, the Chairman of the Committee on
Commerce sent a letter to the Chairman of the Committee on
Transportation and Infrastructure indicating that H.R. 2400, as
ordered reported, included provisions within the jurisdiction
of the Commerce Committee. The Chairman further stated that, in
order to expedite consideration of this measure by the House,
the Committee on Commerce would not seek a sequential referral
of H.R. 2400, provided such action would not prejudice the
Commerce Committee's future jurisdictional interests in the
legislation. On March 25, 1998, the Chairman of the Committee
on Transportation and Infrastructure sent a letter to the
Chairman of the Committee on Commerce acknowledging the
Commerce Committee's jurisdictional concerns and prerogatives
with respect to H.R. 2400.
    On March 26, 1998, the Committee on Ways and Means
considered H.R. 2400, and ordered the bill reported to the
House, amended, by a voice vote.
    On March 27, 1998, the Committee on Transportation and
Infrastructure filed a supplemental report on H.R. 2400 in the
House (H. Rpt. 105-467, Part 2). On March 27, 1998, the
Committee on Ways and Means reported H.R. 2400 to the House (H.
Rpt. 105-467, Part 3). On March 27, 1998, the Committee on the
Budget was discharged from further consideration of H.R. 2400.
    On March 31, 1998, the Committee on Rules met and granted a
rule providing for the consideration of H.R. 2400. The rule was
filed in the House as H. Res. 405. The House passed H. Res. 405
on April 1, 1998, by a roll call vote of 357 yeas to 61 nays.
The House considered H.R. 2400 on April 1, 1998, and passed the
bill, amended, by a roll call vote of 337 yeas to 80 nays.
    On April 1, 1998, the House also agreed to a unanimous
consent request if a message arrived from the Senate indicating
that the Senate had passed H.R. 2400, with an amendment,
insisted on its amendment, and requested a conference with the
House, that the House be deemed to have disagreed to the Senate
amendment, agreed to the conference with the Senate, and that
the Speaker appointed conferees without any intervening motion.
The unanimous consent request also provided for a motion to
instruct conferees to be offered on the House Floor during the
week of April 21, 1998, and provided that the managers could
not file a conference report prior to April 22, 1998. H.R. 2400
was received in the Senate on April 2, 1998, and read twice.
    On September 12, 1997, S. 1173, a companion bill, was
introduced in the Senate by Mr. Warner and fourteen cosponsors.
The bill was read twice and referred to the Senate Committee on
Environment and Public Works. On September 17, 1997, the Senate
Committee on Environment and Public Works considered S. 1173
and ordered the bill reported to the Senate, amended. On
October 1, 1997, the Senate Committee on Environment and Public
Works reported S. 1173 to the Senate (S. Rpt. 105-95). The
Senate considered S. 1173 on October 8, October 20, October 21,
October 22, October 23, October 24, October 28, and October 29,
1997. On October 29, 1997, S. 1173 was returned to the Senate
Calendar.
    On February 26, 1998, the Senate began consideration of S.
1173 again, and considered the bill on February 26, February
27, March 2, March 3, March 4, March 5, March 6, March 9, March
10, March 11, and March 12, 1998. On March 12, 1998, the Senate
adopted an modified committee amendment in the nature of a
substitute. S. 1173 was then read for the third time and again
returned to the Senate Calendar. On April 2, 1998, pursuant to
a unanimous consent request agreed to on March 12, 1998, the
Senate proceeded to the immediate consideration of H.R. 2400,
struck all after the enacting clause and inserted in lieu
thereof the text of S. 1173 as amended by the Senate, and
passed H.R. 2400. By unanimous consent, the Senate indefinitely
postponed S. 1173.
    On April 2, 1998, the Senate insisted on its amendment to
H.R. 2400, requested a conference with the House, and appointed
conferees. On April 3, 1998, pursuant to the unanimous consent
agreement of April 1, 1998, the House disagreed to the Senate
amendment to H.R. 2400, agreed to a conference with the Senate,
and appointed conferees. On April 22, 1998, the Speaker
appointed additional conferees from the Committee on Commerce.
On April 23, 1998, the Speaker appointed additional conferees
from the Committee on Science. On May 6, 1998, the Speaker
appointed additional conferees from the Committee on Ways and
Means and the Committee on the Budget. On May 20, 1998, a
motion to instruct conferees passed by a roll call vote of 422
yeas to 0 nays. On May 21, 1998, a motion to instruct conferees
was defeated by a roll call vote of 77 yeas to 332 nays, with 1
voting present. On May 21, 1998, a second motion to instruct
conferees also was defeated by a roll call vote of 156 yeas to
251 nays, with 2 voting present. On May 22, 1998, the
conference report on H.R. 2400 was filed in the House (H. Rpt.
104-550).
    On May 22, 1998, the Committee on Rules met and granted a
rule providing for the consideration of the conference report
on H.R. 2400. The rule was filed in the House as H. Res. 449.
On May 22, 1998, the House passed H. Res. 449 by a roll call
vote of 359 yeas to 29 nays. On May 22, 1998, the House also
agreed to the conference report on H.R. 2400 by a roll call
vote of 397 yeas to 86 nays.
    The Senate agreed to the conference report on H.R. 2400 on
May 22, 1998 by a roll call vote of 85 yeas to 15 nays,
clearing the measure for the President.
    H.R. 2400 was presented to the President on May 28, 1998.
On June 9, 1998, the President signed H.R. 2400 into law
(Public Law 105-178).

       national bone marrow registry reauthorization act of 1998

                     Public Law 105-196 (H.R. 2202)

    To amend the Public Health Service Act to revise and extend
the bone marrow donor program, and for other purposes.

Summary

    More than 30,000 children and adults in the U.S. are
diagnosed each year with leukemia, aplastic anemia, or other
life-threatening diseases. For many, the only hope for survival
is a marrow transplant. The National Marrow Donor Program was
designed to coordinate the national matching of allogeneic
unrelated donors and recipients. Under the Public Health
Service Act, the program is charged with establishing a
national registry of voluntary bone marrow donors. To date, the
registry contains nearly 3 million volunteers willing to become
marrow donors if matched, and has facilitated more than 6,000
bone marrow transplants.
    H.R. 2202 amends Section 379 of the Public Health Service
Act (42 U.S.C. 274k) to reauthorize the National Bone Marrow
Donor Registry through Fiscal Year 2003. The bill also includes
provisions to: (1) reform of the composition and terms of
office for the Board of Directors; and (2) increase recruitment
of potential donors. Finally, H.R. 2202 formally establishes an
Office of Patient Advocacy and Case Management within the
program to provide individualized services for patients
requesting assistance. The office will provide information and
coordinate all aspects of the search and transplantation
process to ensure the needs of the patient are being met.

Legislative History

    On July 17, 1997, Mr. Young of Florida and 64 cosponsors
introduced H.R. 2202 in the House. The bill was referred solely
to the Committee on Commerce.
    On April 23, 1998, the Subcommittee on Health and
Environment held a joint hearing with the Senate Committee on
Labor and Human Resources Subcommittee on Public Health and
Safety on ``The Gift of Life'': Increasing Bone Marrow Donation
and Transplantation. Testimony was received from a Member of
Congress, representatives of the Department of Health and Human
Services, the National Institutes of Health, the National
Marrow Donor Program, and the American Association of Blood
Banks, and patients.
    On May 12, 1998, the Subcommittee on Health and Environment
met in open markup session to consider H.R. 2202, and approved
the bill for Full Committee consideration, amended, by a voice
vote.
    The Full Committee met in open markup session on May 14,
1998, to consider H.R. 2202 and ordered the bill reported to
the House, as amended, by a voice vote, a quorum being present.
The Committee on Commerce reported H.R. 2202 to the House on
May 18, 1998 (H. Rpt. 105-538).
    The House considered H.R. 2202 under Suspension of the
Rules on May 19, 1998, and passed the bill, by a voice vote.
    On May 20, 1998, H.R. 2202 was received in the Senate, read
twice, and referred to the Senate Committee on Labor and Human
Resources. On June 24, 1998, by unanimous consent, the Senate
Committee on Labor and Human Resources was discharged from
further consideration of H.R. 2202. By unanimous consent, the
Senate then proceeded to the immediate consideration of H.R.
2202 and passed the bill, without amendment, clearing the
measure for the President.
    H.R. 2202 was presented to the President on July 8, 1998.
The President signed H.R. 2202 into law on July 16, 1998
(Public Law 105-196).

       mammography quality standards reauthorization act of 1998

                 Public Law 105-248 (H.R. 4382, S. 537)

    To amend the Public Health Service Act to revise and extend
the program for mammography quality standards.

Summary

    H.R. 4382 reauthorizes programs for inspection and
certification of mammography facilities. It also provides for
direct patient notification of all mammography examinations,
requiring that ``a summary of the written report shall be
provided to every patient in terms easily understood by a lay
person;'' and permits the Food and Drug Administration (FDA) to
conduct a limited demonstration project to determine the
feasibility of inspecting high-performing mammography
facilities on a less than annual basis.
    In addition, H.R. 4382 contains provisions to: (1) clarify
the responsibility of the mammography facility to retain
mammogram records so that women have the ability to obtain the
original of their mammograms; (2) clarify that both State and
local government agencies have inspection authority; and (3)
ensure that patients and referring physicians will be advised
of any mammogram facility deficiencies.

Legislative History

    S. 537, the Mammography Quality Standards Reauthorization
Act, was introduced in the Senate on April 9, 1997, by Ms.
Mikulski and 42 cosponsors. The bill was referred to the Senate
Committee on Labor and Human Resources. On November 9, 1997, by
unanimous consent, the Senate Committee on Labor and Human
Resources was discharged from further consideration of S. 537.
By unanimous consent, the Senate then proceeded to the
immediate consideration of S. 537 and passed the bill on
November 9, 1997. On November 12, 1997, S. 537 was received in
the House and referred solely to the Committee on Commerce. No
further action was taken on S. 537.
    The Subcommittee on Health and Environment held a hearing
on May 8, 1998, on the Reauthorization of the Mammography
Quality Standards Act. Witnesses included representatives of
the Food and Drug Administration, the General Accounting
Office, cancer awareness organizations, and the American
College of Radiology.
    On August 3, 1998, the Subcommittee on Health and
Environment met in open markup session to consider a Committee
Print entitled the ``Mammography Quality Standards
Reauthorization Act of 1998'', and approved the introduction of
a clean bill to reflect the Committee Print, as amended by the
Subcommittee, for Full Committee consideration, by a voice
vote. On August 3, 1998, Mr. Bliley and 23 cosponsors
introduced the clean bill in the House as H.R. 4382. The bill
was referred solely to the Committee on Commerce.
    On August 5, 1998, the Full Committee met in open markup
session to consider H.R. 4382, and ordered the bill reported to
the House, amended, by a voice vote, a quorum being present.
The Committee reported H.R. 4382 to the House on September 14,
1998 (H. Rpt. 105-713).
    The House considered H.R. 4382 under Suspension of the
Rules on September 15, 1998, and passed the bill by a roll call
vote of 401 yeas to 1 nay.
    On September 16, 1998, H.R. 4382 was received in the
Senate, read twice, and placed on the Senate Calendar. On
September 25, 1998, by unanimous consent, the Senate proceeded
to the immediate consideration of H.R. 4382 and passed the
bill, clearing the measure for the President.
    H.R. 4382 was presented to the President on October 1,
1998. The President signed H.R. 4382 into law on October 9,
1998 (Public Law 105-248).

 strom thurmond national defense authorization act for fiscal year 1999

            Public Law 105-261 (H.R. 3616, S. 2057, S. 2060)

                          (Health Provisions)

    To authorize appropriations for fiscal year 1999 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

    Public Law 105-261 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including a number of provisions dealing with health related
issues. These provisions include: (1) the expansion of
dependent eligibility retiree dental programs: (2) the
provision of health care for military retirees and their
dependents comparable to health care provided under the TRICARE
program; (3) a plan for the redesign of the military pharmacy
system; (4) transitional authority to provide continued health
care coverage for certain persons unaware of loss of CHAMPUS
eligibility; (5) payment of claims for provision of health care
under the TRICARE program for which a third party may be
liable; (6) inflation adjustments of premium amounts for the
dependents dental program; and (7) a report on the
implementation of enrollment-based capitation for funding for
military medical treatment facilities. Members of the Committee
on Commerce were appointed as conferees on these provisions and
participated in the conference negotiations which led to the
agreements contained in H.R. 3616.

Legislative History

    H.R. 3616 was introduced in the House by Representatives
Spence and Skelton on April 1, 1998, and referred solely to the
Committee on National Security. The Committee on National
Security met to consider H.R. 3616 on May 6, 1998, and ordered
the bill reported to the House, amended, by a voice vote. On
May 12, 1998, the Committee on National Security reported H.R.
3616 to the House (H. Rpt. 105-532).
    The Committee on Rules met on May 14, 1998, and granted a
rule providing for the consideration of H.R. 3616. The rule was
filed in the House as H. Res. 435. On May 19, 1998, the House
passed H. Res. 435 by a voice vote. On May 19, 1998, the
Committee on Rules met and granted a second rule providing for
the further consideration of H.R. 3616. The rule was filed in
House as H. Res. 441. On May 20, 1998, the House passed H. Res.
441 by a roll call vote of 304 yeas to 108 nays.
    The House considered H.R. 3616 on May 19, May 20, and May
21, 1998; and on May 21, 1998, passed the bill, amended, by a
roll call vote of 357 yeas to 60 nays. On May 22, 1998, H.R.
3616 was received in the Senate, read twice, and placed on the
Senate Calendar.
    On May 11, 1998, the Senate Committee on Armed Services
reported an original measure to the Senate, which was
introduced in the Senate by Mr. Thurmond as S. 2060 and placed
on the Senate Calendar (S. Rpt. 105-189). On May 11, 1998, the
Senate Committee on Armed Services reported an original measure
to the Senate, which was introduced in the Senate by Mr.
Thurmond as S. 2057 and placed on the Senate Calendar (No
Written Report).
    The Senate considered S. 2057 on May 13, May 14, June 18,
June 19, June 22, June 23, June 24, and June 25, 1998. On June
25, 1998, the Senate passed S. 2057, amended, by a roll call
vote of 88 yeas to 4 nays. S. 2057 was received in the House on
July 20, 1998, and held at the desk. On October 21, 1998, S.
2057 was referred to the House Committee on National Security.
No further action was taken on S. 2057 in the 105th Congress.
    On June 25, 1998, the Senate, by unanimous consent, took
H.R. 3616 from the Senate Calendar and passed the bill, amended
with the text of S. 2057 as passed by the Senate. The Senate
insisted on its amendment to H.R. 3616, requested a conference
with the House, and appointed conferees.
    On July 22, 1998, the House disagreed to the Senate
amendment to H.R. 3616, agreed to a conference with the Senate,
and appointed conferees. Members of the Committee on Commerce
were appointed as conferees. On July 22, and July 23, 1998, the
House considered a motion to instruct the conferees. On July
23, 1998, the House agreed to a motion to instruct the
conferees by a roll call vote of 424 yeas to 0 nays, with 1
voting present. The House also agreed to a motion to close
portions of the conference by a roll call vote of 412 yeas to 5
nays.
    The conference report on H.R. 3616 was filed in the House
on September 22, 1998 (H. Rpt. 105-736).
    The Committee on Rules met on September 23, 1998, and
granted a rule providing for the consideration of the
conference report on H.R. 3616. The rule was filed in the House
as H. Res. 549.
    On September 24, 1998, the House passed H. Res. 549 by a
voice vote. The House agreed to the conference report by a roll
call vote of 373 yeas to 50 nays on September 24, 1998. The
Senate considered the conference report on September 30, and
October 1, 1998; and on October 1, 1998, the Senate agreed to
the conference report by a roll call vote of 96 yeas to 2 nays.
    H.R. 3616 was presented to the President on October 6,
1998. The President signed H.R. 3616 into law on October 17,
1998 (Public Law 105-261).

         departments of veterans affairs and housing and urban

          development, and independent agencies appropriations

                               act, 1999

                Public Law 105-276 (H.R. 4194, S. 2168)

                        (Environment Provisions)

    Making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 1999, and for
other purposes.

Summary

    Public Law 105-276 provides appropriations for Fiscal Year
1999 for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices. Additionally, the Act
includes a number of provisions falling with the jurisdiction
of the Committee on Commerce, including several provisions
dealing with environment related issues.
    Public Law 105-276 contains a provision regarding the
Environmental Protection Agency's (EPA's) ability to regulate
so-called ``greenhouse'' gasses. The Clean Air Act does not
currently authorize EPA to regulate emissions based on climate
change concerns. Title VI of the Clean Air Act contains limited
authority to publish the global warming potential of substances
listed on the basis of their ozone-depletion potential, but
such authority is specifically limited and cannot be construed
to form the basis of additional regulation. Otherwise, Subtitle
B of Appendix A of the Clean Air Act requires the study, but
not regulation of, carbon dioxide.
    Public Law 105-276 also prohibits EPA from using any
appropriated funds to implement the Kyoto Protocol, adopted on
December 11, 1997, in Kyoto, Japan at the Third Conference of
Parties to the United Nations Framework Convention on Climate
Change, until that treaty is ratified by the Senate pursuant to
Article II, section 2, clause 2, of the United States
Constitution. The President has not submitted the Kyoto
Protocol to the Senate for ratification. Accordingly, this
provision simply reflects the historical system of
Constitutional checks and balances between the Executive and
Legislative branches regarding treaties with foreign nations.
The funding limitation contained in Public Law 105-276 does not
apply to the conduct of education activities and seminars by
EPA.
    Members of the Committee on Commerce worked with the
Members of the House and Senate Appropriations Committees to
develop these provisions.

Legislative History

    H.R. 4194 was introduced in the House on July 8, 1998, by
Mr. Lewis, as an original measure, and reported to the House on
the same day by the Committee on Appropriations (H. Rpt. 105-
610). The House considered H.R. 4194 on July 17, July 23, and
July 29, 1998. On July 29, 1998, the House passed H.R. 4194,
amended, by a roll call vote of 259 yeas to 164 nays.
    On June 12, 1998, the Senate Committee on Appropriations
reported S. 2168, a companion bill, to the Senate (S. Rpt. 105-
216). The Senate considered S. 2168 on July 6, July 7, July 16,
and July 17, 1998. On July 17, 1998, the Senate passed S. 2168,
amended, by a voice vote.
    On July 30, 1998, H.R. 4194 was received in the Senate.
Pursuant to an unanimous consent agreement reached on July 16,
1998, the Senate proceeded to the immediate consideration of
H.R. 4194; passed the bill amended with the text of S. 2168, as
passed by the Senate on July 17, 1998; insisted on the Senate
amendment to H.R. 4194; requested a conference with the House;
and appointed conferees. Passage of S. 2168 was then vitiated
and the bill was indefinitely postponed.
    On September 15, 1998, the House disagreed to the Senate
amendment to H.R. 4194, agreed to a conference with the Senate,
and appointed conferees. The House, on September 15, 1998, also
agreed by a roll call vote of 405 yeas to 0 nays to a motion to
instruct the conferees. The conference report on H.R. 4194 was
filed in the House on October 5, 1998 (H. Rpt. 105-769). On
October 6, 1998, the House agreed to the conference report on
H.R. 4194 by a roll call vote of 409 yeas to 14 nays. The
Senate agreed to the conference report on H.R. 4194 on October
8, 1998, by a roll call vote of 96 yeas to 1 nay.
    On October 10, 1998, H.R. 4194 was presented to the
President. On October 21, 1998, the President signed H.R. 4194
into law (Public Law 105-276).

  omnibus consolidated and emergency supplemental appropriations act,
                                  1999

                Public Law 105-277 (H.R. 4328, S. 2307)

                  (Environment and Health Provisions)

    To make omnibus consolidated and emergency appropriations
for the fiscal year ending September 30, 1999, and for other
purposes.

Summary

    H.R. 4328 served as an omnibus continuing appropriations
measure for those Federal agencies that did not have individual
Fiscal Year 1999 appropriations measures enacted into law.
Affected agencies and entities included the Departments of
Agriculture, Justice, Commerce, State, Interior, Labor, Health
and Human Services, Education, Transportation, and the
Treasury. The bill also contained other Federal appropriations
for the District of Columbia, foreign operations, military
readiness, anti-terrorism, Year 2000 conversion of Federal
information technology systems, counter-drug activities and
interdiction, and other emergencies. Additionally, a number of
legislative provisions, some within the jurisdiction of the
Committee on Commerce, were included in H.R. 4328.

                           Environment Issues

    Public Law 105-277 includes, in Division A-Omnibus
Consolidated Appropriations, Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 1999, Title VII-General Provisions, Section
764, provisions which amend Section 604 of the Clean Air Act
(42 U.S.C. 7401 et seq). Section 764 adds a new subsection (h)
to section 604 of the Clean Air Act and new subsections (5) and
(6) to section 604(d) and new subsection (3) to section 604(e)
of the Clean Air Act. These provisions address the phaseout of
methyl bromide under Title VI of the Clean Air Act and the
Montreal Protocol, the international treaty addressing ozone-
depleting substances.
    Under section 764, notwithstanding subsection (d) and
section 604(b) of the Clean Air Act, the Administrator of the
Environmental Protection Agency (EPA) shall not terminate the
production of methyl bromide prior to January 1, 2005. The EPA
Administrator is also required to promulgate rules for
reductions in, and termination of the production, importation,
and consumption of methyl bromide under a schedule that is not
more stringent than the phaseout schedule in effect under the
Montreal Protocol as of the date of enactment of section
604(h).
    In addition, section 764 provides that, to the extent
consistent with the Montreal Protocol, the EPA Administrator
shall exempt the production, importation, and consumption of
methyl bromide for the fumigation of certain commodities and
for purposes of compliance with any international, Federal,
State, or local sanitation or food protection standard. Section
764 also provides that, to the extent consistent with the
Montreal Protocol and after specified consultations, the EPA
Administrator may exempt the production, importation, or
consumption of methyl bromide for critical uses.
    Finally, section 764 provides that, notwithstanding
phaseout dates established by section 604(h) and consistent
with the Montreal Protocol, the EPA Administrator may authorize
the production of limited quantities of methyl bromide, solely
for use in certain developing countries that are Parties to the
Copenhagen Amendments to the Montreal Protocol.
    Members of the Committee on Commerce reviewed these changes
to the Clean Air Act and recommended certain changes to the
statutory language prior to its adoption as part of the
conference report on H.R. 4368 (H. Rpt. 105-825).

                             Health Issues

Transplant Organ Allocation

    Public Law 105-277 includes, in Division A-Omnibus
Consolidated Appropriations, Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1999, Title II-Department of Health and
Human Services, Section 213, provisions which would delay the
Administration's regulations that would radically alter the way
cadaveric organs are allocated to those needing transplants.
Under section 213, the Institute of Medicine is tasked with
reviewing the complex issues surrounding organ allocation and
issuing a report to Congress by not later than May 1, 1999.

Substance Abuse and Mental Health Block Grants

    Public Law 105-277 includes, in Division A-Omnibus
Consolidated Appropriations, Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1999, Title II-Department of Health and
Human Services, Section 218, provisions that allow funds
allocated to the States for the Substance Abuse Block Grant and
the Mental Health Block Grant to be allocated according to
current law which would incorporate the Secretary of Health and
Human Services' decision to change the wage proxy to the use of
nonmanufacturing wages. This section also contains a small
State minimum and hold harmless provision for States that would
have experienced reductions due to the change in formula.

Child Abuse Notification under Title X of Public Health Service Act

    Public Law 105-277 includes, in Division A-Omnibus
Consolidated Appropriations, Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1999, Title II-Department of Health and
Human Services, Section 219, provisions which state that,
notwithstanding any other provision of law, no provider of
service under Title X of the Public Health Service Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.

National Center for Complementary and Alternative Medicine

    Public Law 105-277 includes, in Division A-Omnibus
Consolidated Appropriations, Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1999, Title VI-National Center for
Complementary and Alternative Medicine, legislative language to
establish the National Center for Complementary and Alternative
Medicine. The Center's primary purpose is to conduct and
support basic and applied research to examine the safety and
efficacy of alternative treatments. The Center shall conduct or
support the following activities: (1) outcomes research and
investigations; (2) epidemiological studies; (3) health
services research; (4) basic science research; (5) clinical
trials; and (6) other appropriate research and investigational
activities.

State Children's Health Insurance Program

    Public Law 105-277 includes, in Division A-Omnibus
Consolidated Appropriations, Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1999, Title VII-Miscellaneous Provisions,
Section 707, provisions which require that the Health Care
Financing Administration (HCFA) use the census count and cost
factors published on September 12, 1997, in the Federal
Register for the calculation of block grant funds in the State
Children's Health Insurance Program (S-CHIP).

Mastectomy Coverage

    Public Law 105-277 includes, in Division A-Omnibus
Consolidated Appropriations, Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 1999, Title IX-Women's Health and Cancer
Rights, provisions which mandate that group health plans, and
health insurance issuers providing mastectomy coverage shall
provide, in a case of a participant or beneficiary who is
receiving benefits in connection with a mastectomy and who
elects breast reconstruction in connection with such
mastectomy, coverage for: (1) all stages of reconstruction of
the breast on which the mastectomy has been performed; (2)
surgery and reconstruction of the other breast to produce a
symmetrical appearance; and (3) prostheses and physical
complications of mastectomy, including lymphedemas; in a manner
determined in consultation with the attending physician and the
patient. Additionally, this coverage may be subject to annual
deductibles and coinsurance provisions as deemed appropriate
and consistent with those established for other benefits under
the plan or coverage.

Vaccine Injury Compensation Program

    Title XV, Division C-Other Matters, of Public Law 105-277
makes several modifications in the Vaccine Injury Compensation
Program. Section 1502 strikes the provision under current law
that required that a plaintiff must incur unreimbursable
expenses due in whole or in part to an illness, disability, or
injury caused by the administration of a vaccine in an amount
greater than $1,000. Section 1503 includes the Rotavirus
Gastroenteritis as a taxable vaccine for purposes of the
vaccine compensation fund. Section 1504 makes technical changes
in the structure of the vaccine injury compensation trust fund.

Drug Demand Reduction Act

    Public Law 105-277 includes, in Division D-Drug Demand
Reduction Act, a modified version of text of H.R. 4550, which
passed the House on September 16, 1998, by a roll call vote of
396 yeas to 9 nays. Division D establishes programs to
significantly reduce the incidence of substance abuse through
restricting the demand for illegal drugs and the improper use
of legal drugs. The legislation also provides grants to support
the efforts of parent organizations to develop and promote
efforts to reduce illegal drug use among children in their
communities, incentives for the approval of anti-addiction
drugs, and medical education through health professionals to
prevent, diagnose, and treat substance abuse cases.

Methamphetamine Trafficking Penalties

    Public Law 105-277 includes, in Division F-Methamphetamine
Trafficking Penalty Enhancement Act of 1998, provisions to
increase penalties for the possession, distribution, and import
of methamphetamines.

Medicare Home Health

    Public Law 105-277 includes, in Division J-Revenues and
Medicare, Title V-Medicare-Related Provisions, Subtitle A-Home
Health, changes to the payment system for Medicare's home
health care benefit as defined in the Balanced Budget Act of
1997 (P.L. 105-33). Subtitle A delays the implementation of the
prospective payment system until October 1, 2000, and delays an
across-the-board 15 percent reduction in payments to home
health agencies until that date.
    Subtitle A also allows for periodic interim payments until
implementation of the prospective payment system. This action
is expected to provide equity to those agencies which have low-
cost, low-utilization practices relative to other agencies, by
increasing the per beneficiary limits. Those agencies below the
national median per beneficiary limit will have their limit
increased by \1/3\ of the difference between their limit and
the national median.
    In addition, Subtitle A increases payments to ``new''
agencies whose first full year cost report began after October
1, 1993, by two percent, and establishes that agencies opening
after October 1, 1998, will have per beneficiary limits equal
to 75 percent of the wage adjusted national median (calculated
with a two percent reduction).
    Subtitle A also reduces the home health market basket
update for Fiscal Years 2000, 2001, 2002, and 2003, by 1.1
percentage points. Despite the increase in Medicare Part B
expenditures, Subtitle A excludes these costs from the
calculation of the beneficiary monthly premium until the
prospective payment system is implemented.
    Finally, Subtitle A requires several reports on the
prospective payment system summarizing research conducted by
the Secretary of Health and Human Services to be submitted to
the Congress so that implementation of the new payment system
is not further delayed. The policies contained in the Act were
carefully designed to meet administrative restrictions relating
to the Year 2000.

Medicare Fraud and Abuse

    Public Law 105-277 includes, in Division J-Revenues and
Medicare, Title V-Medicare-Related Provisions, Subtitle B-Other
Medicare-Related Provisions, Section 5201, authority for the
Department of Health and Human Services Office of the Inspector
General to promulgate a rule authorizing exceptions to the
fraud and abuse provisions. It places limits on the Inspector
General's safe harbor authority relating to providers or health
care facilities providing Medicare supplemental coverage to
end-stage renal disease beneficiaries. The duration of the safe
harbor authority for this particular issue will be limited to a
two year period which commences on the date that the rule is
promulgated, stipulating that the Comptroller General shall
conduct a study that compares any disproportionate impact on
specific issuers of the purchase of Medicare supplemental
policies for end stage renal disease patients. Section 5201
also requires the Comptroller General to submit recommendations
on whether the Inspector General's authority to issue such
exceptions should be extended.

Medicare Payment Advisory Commission

    Public Law 105-277 includes, in Division J-Revenues and
Medicare, Title V-Medicare-Related Provisions, Subtitle B-Other
Medicare-Related Provisions, Section 5202, provisions to
increase the number of commissioners appointed to Medicare
Payment Advisory Commission to seventeen. The addition of two
members will enable the Commission to reflect more fully the
diversity of backgrounds and interests in the health policy
community.

Legislative History

    On July 22, 1998, the Committee on Appropriations ordered
reported an original measure to the House, which was introduced
in the House on July 24, 1998, as H.R. 4328. On July 24, 1998,
the Committee on Appropriations reported H.R. 4328 to the House
(H. Rpt. 105-648).
    The Committee on Rules met on July 28, 1998, and granted a
rule providing for the consideration of H.R. 4328. The rule was
filed in the House as H. Res. 510. On July 29, 1998, the House
passed H. Res. 510 by a voice vote.
    The House considered H.R. 4328 on July 29 and July 30,
1998; and on July 30, 1998, passed the bill, amended, by a roll
call vote of 391 yeas to 25 nays. H.R. 4328 was received in the
Senate on July 30, 1998.
    On July 14, 1998, the Senate Committee on Appropriations
ordered reported an original measure to the Senate as the
Senate companion bill, which was introduced in the Senate by
Mr. Shelby on July 15, 1998 as S. 2307. The Senate Committee on
Appropriations reported S. 2307 to the Senate on July 15, 1998
(S. Rpt. 105-249). The Senate considered S. 2307 on July 23 and
July 24, 1998. On July 24, 1998, by a roll call vote of 90 yeas
to 1 nay, the Senate passed S. 3207, amended.
    On July 30, 1998, pursuant to a unanimous consent request
agreed to on July 23, 1998, the Senate proceeded to the
immediate consideration of H.R. 4328, struck all after the
enacting clause and inserted in lieu thereof the text of S.
2307, as passed by the Senate, and passed H.R. 4328, as
amended. The Senate then insisted on its amendment to H.R.
4328, requested a conference with the House, and appointed
conferees. Finally, on July 30, 1998, the Senate vitiated
passage of S. 2307 and indefinitely postponed further
consideration of that bill.
    On September 15, 1998, the House disagreed to the Senate
amendment to H.R. 4328, agreed to a conference with the Senate,
and appointed conferees. The House, on September 15, 1998, also
agreed to a motion to instruct conferees by a roll call vote of
249 yeas to 161 nays. The conference report on H.R. 4328 was
filed in the House on October 19, 1998 (H. Rpt. 105-825).
    The Committee on Rules met on October 20, 1998, and granted
a rule providing for the consideration of the conference report
on H.R. 4328. The rule was filed in the House as H. Res. 605.
On October 20, 1998, the House passed H. Res. 605 by a roll
call vote of 333 yeas to 88 nays.
    The House agreed to the conference report on H.R. 4328 by a
roll call vote of 333 yeas to 95 nays on October 20, 1998. The
Senate agreed to the conference report by a roll call vote of
65 yeas to 29 nays on October 21, 1998.
    H.R. 4328 was presented to the President on October 21,
1998. The President signed H.R. 4328 into law on October 21,
1998 (Public Law 105-277).

                   border smog reduction act of 1998

                      Public Law 105-286 (H.R. 8)

    To amend the Clean Air Act to deny entry into the United
States of certain foreign motor vehicles that do not comply
with State laws governing motor vehicle emissions, and for
other purposes.

Summary

    Public Law 105-286 amends the Clean Air Act to add a new
subsection (h) to section 183 (42 U.S.C. 7511b). Under
subsection (h), certain noncommercial vehicles registered in a
foreign country will be denied entry into covered ozone
nonattainment areas, if State law requires the inspection and
maintenance of such vehicles and such vehicles attempt to enter
the covered ozone nonattainment area more than twice in a
single calendar-month period without complying with applicable
inspection and maintenance laws. Subsection (h) further
provides for monetary sanctions for repeated violations or
attempted violations and allows a State to design an
alternative approach to the prohibitions contained in the
subsection, if such an alternative approach is approved by the
President. Subsection (h) additionally requires a study by the
General Accounting Office of the potential impact of the new
subsection (h) compared with the increase in commercial vehicle
traffic resulting from the implementation of the North American
Free Trade Agreement.

Legislative History

    H.R. 8 was introduced in the House by Mr. Bilbray and seven
cosponsors on January 7, 1997. The bill was referred solely to
the Committee on Commerce.
    On November 18, 1997, the Subcommittee on Health and
Environment held an oversight field hearing in San Diego,
California, on transborder air pollution and the impact of
commuter vehicles in border regions. The Subcommittee received
testimony from Federal, State and local officials and citizen
organizations with respect to H.R. 8, and conducted a site
visit to the San Ysidro border crossing between Southern
California and Mexico.
    On June 19, 1998, the Subcommittee on Health and
Environment met in open markup session and approved H.R. 8,
amended, for Full Committee consideration by a voice vote.
    On June 24, 1998, the Full Committee met in open markup
session to consider H.R. 8 and ordered the bill reported to the
House, amended, by a voice vote, a quorum being present. The
Committee on Commerce reported H.R. 8 to the House on July 20,
1998 (H. Rpt. 105-634).
    The House considered H.R. 8 under Suspension of the Rules
on July 20, 1998, and passed the bill by a voice vote.
    On July 21, 1998, H.R. 8 was received in the Senate, read
twice, and referred to the Senate Committee on Environment and
Public Works. On September 23, 1998, the Senate Committee on
Environment and Public Works ordered H.R. 8 reported to the
Senate. The Senate Committee on Environment and Public Works
reported H.R. 8 to the Senate on September 28, 1998 (S. Rpt.
105-355).
    On October 5, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 8 and passed
the bill, amended.
    On October 7, 1998, H.R. 8 was returned to the House. The
House considered H.R. 8 under Suspension of the Rules on
October 7, 1998, and agreed to the Senate amendment to H.R. 8
by a voice vote, clearing the measure for the President.
    H.R. 8 was presented to the President on October 15, 1998.
The President signed H.R. 8 into law on October 27, 1998
(Public Law 105-286).

noncitizen benefit clarification and other technical amendments act of
                                  1998

                     Public Law 105-306 (H.R. 4558)

    To make technical amendments to clarify the provision of
benefits for noncitizens, and to improve the provision of
unemployment insurance, child support, and supplemental
security income benefits.

Summary

    Public Law 105-306 amends the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (PRAWORA). The Act
provides that the new restrictions imposed on alien eligibility
for Supplemental Security Income under Title XVI of the Social
Security Act (SSA) (and thus Medicaid under SSA Title XIX)
shall not apply to a nonqualified alien who was receiving such
benefits on August 22, 1996 (the date of enactment of PRAWORA).

Legislative History

    H.R. 4558 was introduced in the House by Representatives
Shaw and Levin on September 14, 1998. The bill was referred to
the Committee on Ways and Means, and in addition to the
Committee on Commerce.
    The Committee on Ways and Means considered H.R. 4558 on
September 18, 1998, and ordered the bill reported to the House,
amended, by a voice vote. The Committee on Ways and Means
reported H.R. 4558 to the House on September 22, 1998 (H. Rpt.
105-735, Part 1). On September 22, 1998, the referral of H.R.
4558 to the Committee on Commerce was extended for a period
ending not later than September 23, 1998.
    On September 22, 1998, the Chairman of the Committee on
Commerce sent a letter to the Chairman of the Committee on Ways
and Means indicating that, in order to expedite consideration
of H.R. 4558, the Committee on Commerce would agree to waive
consideration of the bill, provided such action would not
prejudice the Commerce Committee's future jurisdictional
concerns and prerogatives with respect to H.R. 4558.
    On September 22, 1998, the Chairman of the Committee on
Ways and Means sent a letter to the Chairman of the Committee
on Commerce acknowledging the Commerce Committee's
jurisdictional concerns and prerogatives with respect to H.R.
4558 and stating that a Manager's Amendment would be offered on
the House floor to clarify the treatment of Medicaid benefits.
    The House considered H.R. 4558 under Suspension of the
Rules on September 23, 1998, thereby discharging the Committee
on Commerce from further consideration of the bill. The House
passed H.R. 4558, amended, by a voice vote.
    On September 24, 1998, H.R. 4558 was received in the Senate
and read twice. On October 8, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 4558
and passed the bill, without amendment, clearing the measure
for the President.
    H.R. 4558 was presented to the President on October 20,
1998. The President signed H.R. 4558 into law on October 28,
1998 (Public Law 105-306).

                   torture victims relief act of 1998

                     Public Law 105-320 (H.R. 4309)

    To provide a comprehensive program of support for victims
of torture.

Summary

    H.R. 4309 amends the Foreign Assistance Act of 1961 to
authorize the President to provide assistance in the form of
grants to treatment centers and programs in foreign countries
that are carrying out projects or activities specifically
designed to treat victims of torture for the physical and
psychological effects of such torture.

Legislative History

    H.R. 4309 was introduced in the House by Mr. Smith of New
Jersey and 15 cosponsors on July 22, 1998. The bill was
referred to the Committee on International Relations, and in
addition to the Committee on Commerce. Within the Committee on
Commerce, the bill was referred to the Subcommittee on Health
and Environment.
    The Committee on International Relations met to consider
H.R. 4309 on August 6, 1998 and ordered the bill reported to
the House, amended, by voice vote.
    On September 10, 1998, the Chairman of the Committee on
Commerce sent a letter to the Chairman of the Committee on
International Relations indicating that, based on an agreement
reached between the two Committees, and in order to expedite
consideration of this measure by the House, the Committee on
Commerce would not seek an extension of its referral of H.R.
4309, provided such action would not prejudice the Commerce
Committee's future jurisdictional interests in the legislation,
with the understanding that the International Relations
Committee would make certain amendments to the measure when it
was brought to the House floor.
    On September 10, 1998, the Chairman of the Committee on
International Relations sent a letter to the Chairman of the
Committee on Commerce confirming the agreement reached between
the two Committees on H.R. 4309 and acknowledging the Commerce
Committee's jurisdictional concerns and prerogatives with
respect to this bill, and stating that a Manager's Amendment
would be offered on the House floor to address the Commerce
Committee's concerns.
    The Committee on International Relations reported H. R.
4309 to the House on September 14, 1998 (H. Rpt. 105-709, Part
I). On September 14, 1998, the referral of H.R. 4309 to the
Committee on Commerce was extended for a period ending not
later than September 14, 1998. Subsequently, on September 14,
1998, the Committee on Commerce was discharged from further
consideration of H.R. 4309.
    The House considered H.R. 4309 under Suspension of the
Rules on September 14, 1998, and passed the bill, amended, by a
voice vote.
    On September 15, 1998, H.R. 4309 was received in the
Senate. On October 8, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 4309 and
passed the bill, amended.
    H.R. 4309 was returned to the House on October 8, 1998. The
House considered H.R. 4309 under Suspension of the Rules on
October 10, 1998, and agreed to the Senate amendment to H.R.
4309 by a voice vote, clearing the measure for the President.
    H.R. 4309 was presented to the President on October 20,
1998. The President signed H.R. 4309 into law on October 30,
1998 (Public Law 105-320).

       antimicrobial regulation technical corrections act of 1998

                     Public Law 105-324 (H.R. 4679)

    To amend the Federal Food, Drug, and Cosmetic Act to
clarify the circumstances in which a substance is considered to
be a pesticide chemical for purposes of such Act, and for other
purposes.

Summary

    When the Food Quality Protection Act of 1996 (FQPA) was
enacted, regulatory authority over certain specialty chemicals
called ``antimicrobials'' that are used in food contact
applications was unintentionally transferred from the Food and
Drug Administration (FDA) to the Environmental Protection
Agency (EPA).
    H.R. 4679 restores the pre-FQPA-enactment regulatory
authority of the FDA over antimicrobials to the agency. As
such, it is strictly a technical corrections measure that does
not represent a change in FQPA policy or a weakening of the
environmental safeguards in FQPA. It does not remove any use of
a substance from regulation as a pesticide under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA). These
substances would continue to be subject to registration by EPA
under FIFRA in addition to the traditional FDA review for food
additives.

Legislative History

    H.R. 4679 was introduced in the House by Mr. Bliley on
October 2, 1998. The bill was referred solely to the Committee
on Commerce.
    The House considered H.R. 4679 under Suspension of the
Rules on October 7, 1998, thereby discharging the Committee on
Commerce from further consideration of H.R. 4679. The House
passed H.R. 4679 by a voice vote.
    On October 8, 1998, H.R. 4679 was received in the Senate
and read twice. On October 9, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 4679,
and passed the bill, without amendment, clearing the measure
for the President.
    H.R. 4679 was presented to the President on October 20,
1998. The President signed H.R. 4679 into law on October 30,
1998 (Public Law 105-324).

       women's health research and prevention amendments of 1998

                Public Law 105-340 (S. 1722, H.R. 4683)

    To amend the Public Health Service Act to revise and extend
certain programs with respect to women's health research and
prevention activities at the National Institutes of Health and
the Centers for Disease Control and Prevention.

Summary

    The purpose of Public Law 105-340 is to amend the Public
Health Service (PHS) Act to revise and extend certain programs
with respect to women's health research and prevention
activities at the National Institutes of Health (NIH) and the
Centers for Disease Control and Prevention (CDC).
    Title I of Public Law 105-340 deals with women's health
research programs at NIH. It amends section 403A of the PHS Act
to extend the research program on DES (diethylstilbestrol), a
drug widely prescribed to American women from 1938 to 1971
which has been shown to be harmful to pregnant women and their
children. Title I also establishes a national program, through
the Public Health Service agencies, for education of health
professionals and the public with respect to DES.
    Title I amends section 409A(d) of the PHS Act to extend the
research program on osteoporosis, Paget's disease, and related
bone disorders at the National Institute for Arthritis and
Musculoskeletal and Skin Diseases; and amends section
417B(b)(1) of the PHS Act to extend the research programs for
basic and clinical research and education efforts with respect
to cancer, breast cancer, and ovarian and related cancer.
    Title I adds a new Section 424A to the PHS Act to expand,
intensify, and coordinate research and related activities with
respect to heart attack, stroke, and other cardiovascular
diseases in women at the National Heart, Lung, and Blood
Institute.
    Title I also amends section 445H of the PHS Act to extend
the research programs at the National Institute on Aging,
including research into the aging processes of women, with
particular emphasis given to the effects of menopause and the
diagnosis, disorders, and complications related to aging and
loss of ovarian hormones in women.
    Finally, Title I amends section 486(d) of the PHS to allow
the Director of NIH to make appointments to the Advisory
Committee on Research on Women's Health.
    Title II of Public Law 105-340 deals with women's health
initiatives at CDC. It amends section 306(n) of the PHS Act to
extend the authority for statistical and epidemiological
activities conducted by the National Center for Health
Statistics, the Federal government's principal health
statistical agency.
    Title II amends section 399L of the PHS Act to extend the
National Cancer Registries Program which provides for the
development of a comprehensive national cancer database for
analysis of the cancer burden in the United States on a State,
regional and national population basis.
    Title II also amends section 1501 of the PHS Act to extend
the National Breast and Cervical Cancer Early Detection Program
which provides for regular screening for breast and cervical
cancers to underserved women, prompt follow-up if necessary,
and assurance that the tests are performed in accordance with
current recommendations for quality assurance.
    Finally, Title II amends section 1706 of the PHS Act to
extend authorizations for grants to academic health
institutions to establish centers for research and
demonstration of health promotion and disease prevention.

Legislative History

    S. 1722 was introduced in the Senate by Mr. Frist and 27
cosponsors on March 6, 1998. The bill was referred to the
Senate Committee on Labor and Human Resources.
    H.R. 4683, the House companion bill, was introduced by Mr.
Bilirakis and 16 cosponsors on October 2, 1998. The bill was
referred solely to the Committee on Commerce.
    On October 12, 1998, by unanimous consent, the Senate
Committee on Labor and Human Resources was discharged from
further consideration of S. 1722. By unanimous consent, the
Senate, on October 12, 1998, proceeded to the immediate
consideration of S. 1722, and passed the bill, amended. S. 1722
was received in the House on October 13, 1998, and referred to
the Committee on Commerce.
    The House considered S. 1722 under Suspension of the Rules
on October 13, 1998, thereby discharging the Committee on
Commerce from further consideration of S. 1722. The House
passed S. 1722 by a roll call vote of 401 yeas to 1 nay,
clearing the measure for the President.
    S. 1722 was presented to the President on October 22, 1998.
The President signed S. 1722 into law on October 31, 1998
(Public Law 105-340).

           controlled substances trafficking prohibition act

                     Public Law 105-357 (H.R. 3633)

    To amend the Controlled Substances Import and Export Act to
place limitations on controlled substances brought into the
United States.

Summary

    Public Law 105-357 amends the Controlled Substances Import
and Export Act to prohibit U.S. residents from importing into
the United States a non-schedule I controlled substance
exceeding 50 dosage units if they: (1) enter the United States
through an international land border; and (2) do not possess a
valid prescription or documentation verifying such a
prescription.
    In addition, H.R. 3633 declares that such Federal
requirement does not limit any State from imposing additional
requirements.

Legislative History

    H.R. 3633 was introduced in the House by Mr. Chabot and
nine cosponsors on April 1, 1998. The bill was referred to the
Committee on the Judiciary, and in addition to the Committee on
Commerce. Within the Committee on Commerce, H.R. 3633 was
referred to the Subcommittee on Health and Environment.
    The Committee on the Judiciary considered H.R. 3633 on May
20, 1998, and ordered the bill reported to the House, without
amendment, by a voice vote. The Committee on the Judiciary
reported H.R. 3633 to the House on July 16, 1998 (H. Rpt. 105-
629, Part 1). On July 16, 1998, the referral of H.R. 3633 to
the Committee on Commerce was extended for a period ending not
later than July 16, 1998. Subsequently, on July 16, 1998, the
Committee on Commerce was discharged from further consideration
of H.R. 3633.
    The House considered H.R. 3633 under Suspension of the
Rules on August 3, 1998, and passed the bill, amended, by a
voice vote.
    On August 31, 1998, H.R. 3633 was received in the Senate
and read twice. On October 20, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 3633
and passed the bill, without amendment, clearing the measure
for the President.
    H.R. 3633 was presented to the President on November 2,
1998. The President signed H.R. 3633 into law on November 10,
1998 (Public Law 105-357.)

              ricky ray hemophilia relief fund act of 1998

                     Public Law 105-369 (H.R. 1023)

    To provide for compassionate payments with regard to
individuals with blood-clotting disorders, such as hemophilia,
who contracted human immunodeficiency virus due to contaminated
antihemophilic factor, and for other purposes.

Summary

    H.R. 1023 establishes within the Treasury the Ricky Ray
Hemophilia Relief Fund, which shall then be terminated five
years after enactment of this Act. The bill mandates a single
payment of $100,000 from the fund to an individual who became
infected with the human immunodeficiency virus (HIV) if the
individual had any blood-clotting disorder and was treated with
blood-clotting agents between July 1, 1982, and December 31,
1987, is the lawful current or former spouse of such an
individual, or acquired the HIV infection from a parent who is
such an individual. H.R. 1023 also states that such payments
shall not be considered as income or resources in determining
eligibility for, or the amount of, Supplemental Security Income
(SSI) benefits.

Legislative History

    H.R. 1023 was introduced in the House by Mr. Goss and 152
cosponsors on March 11, 1997. The bill was referred to the
Committee on the Judiciary, and in addition to the Committee on
Commerce and the Committee on Ways and Means. Within the
Committee on Commerce, H.R. 1023 was referred to the
Subcommittee on Health and Environment.
    The Committee on the Judiciary considered H.R. 1023 on
October 29, 1997, and ordered the bill reported to the House,
amended, by a voice vote. The Committee on the Judiciary
reported H.R. 1023 to the House on March 25, 1998 (H. Rpt. 105-
465, Part 1). On March 25, 1998, the referral of H.R. 1023 to
the Committee on Commerce and the Committee on Ways and Means
was extended for a period ending not later than June 2, 1998.
    The Committee on Ways and Means met in open markup session
to on April 22, 1998, to consider H.R. 1023 and ordered the
bill reported to the House, amended, by a voice vote. The
Committee on Ways and Means reported H.R. 1023 to the House on
May 7, 1998 (H. Rpt. 105-465, Part 2).
    On May 12, 1998, the Chairman of the Committee on Commerce
sent a letter to the Speaker indicating that, in order to
expedite consideration, the Committee on Commerce would waive
its right to mark up H.R. 1023 and agree to be discharged from
further consideration, without prejudicing its future
jurisdiction with respect to H.R. 1023. On May 13, 1998,
pursuant to Clause 5 of Rule X, the Committee on Commerce was
discharged from further consideration of H.R. 1023.
    The House considered H.R. 1023 under Suspension of the
Rules on May 19, 1998, and passed the bill, amended, by a voice
vote.
    On May 20, 1998, H.R. 1023 was received in the Senate, read
twice, and referred to the Senate Committee on Labor and Human
Resources. On June 16, 1998, H.R. 1023 was referred a second
time to the Senate Committee on Labor and Human Resources.
    The Senate Committee on Labor and Human Resources met to
consider H.R. 1023 on September 23, 1998, and ordered the bill
reported to the Senate. The Senate Committee on Labor and Human
Resources reported H.R. 1023 to the Senate on October 7, 1998
(No Written Report).
    On October 21, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 1023, and
passed the bill, without amendment, clearing the measure for
the President.
    H.R. 1023 was presented to the President on November 2,
1998. The President signed H.R. 1023 into law on November 12,
1998 (Public Law 105-369).

         health professions education partnerships act of 1998

                      Public Law 105-392 (S. 1754)

    To amend the Public Health Service Act to consolidate and
reauthorize health professions and minority and disadvantaged
health professions and disadvantaged health education programs,
and for other purposes.

Summary

    The Health Professions Education Partnerships Act of 1998
reauthorizes and consolidates 44 different Federal health
professions training programs currently authorized under Title
VII and Title VIII of the Public Health Service Act. These 44
programs are consolidated into 7 general and flexible
categories of authorities which are designed to train health
practitioners most inclined to enter practice in rural and
other medically underserved areas. The seven general
authorities provide support for: (1) the training of
underrepresented minority and disadvantaged health professions
students; (2) the training of primary care and dental
providers; (3) the establishment and operation of
interdisciplinary, community-based training activities; (4)
health professions work force information and analysis; (5)
public health workforce development; (6) nursing education; and
(7) student financial assistance.

Legislative History

    S. 1754 was introduced in the Senate by Mr. Frist and five
cosponsors on March 12, 1998. The bill was referred to the
Senate Committee on Labor and Human Resources.
    The Senate Committee on Labor and Human Resources met to
consider S. 1754, on April 1, 1998, and ordered the bill
reported to the Senate, amended. The Senate Committee on Labor
and Human Resources reported S. 1754 to the Senate on June 23,
1998 (S. Rpt. 105-220).
    On July 31, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of S. 1754, and passed
the bill.
    On August 3, 1998, S. 1754 was received in the House and
held at the desk. On October 13, 1998, the House considered S.
1754 under Suspension of the Rules, and passed the bill,
amended, by a roll call vote of 303 yeas to 102 nays. On
October 14, 1998, S. 1754 was returned to the Senate.
    On October 14, 1998, by unanimous consent, the Senate
agreed to the House amendment to S. 1754, clearing the measure
for the President.
    S. 1754 was presented to the President on November 2, 1998.
The President signed S. 1754 into law on November 13, 1998
(Public Law 105-392).

   declaring roanoke, virginia, as the official site of the national
              emergency medical services memorial service

                           (H. Con. Res. 171)

    Declaring the city of Roanoke, Virginia, to be the official
site of the National Emergency Medical Services Memorial
Service.

Summary

    H. Con. Res. 171 declares the city of Roanoke, Virginia, to
be the official site of the National Emergency Medical Services
Memorial Service, which will honor emergency medical services
personnel who have died in the line of duty. The concurrent
resolution also provides that nothing in this resolution shall
be construed to place the National Emergency Medical Services
Memorial Service under Federal authority or to require any
expenditure of Federal funds.

Legislative History

    H. Con. Res. 171 was introduced in the House by
Representatives Goodlatte and Goode on October 21, 1997. The
bill was referred solely to the Committee on Commerce.
    On May 12, 1998, the Subcommittee on Health and Environment
met in open markup session to consider H. Con. Res. 171, and
approved the bill for Full Committee consideration, without
amendment, by a voice vote.
    The Full Committee met in open markup session on May 14,
1998, to consider H. Con. Res. 171, and ordered the bill
reported to the House, without amendment, by a voice vote, a
quorum being present. The Committee on Commerce reported H.
Con. Res. 171 to the House on May 18, 1998 (H. Rpt. 105-539).
    The House considered H. Con. Res. 171 under Suspension of
the Rules on May 19, 1998, and passed the bill, amended, by a
voice vote.
    On May 20, 1998, H. Con. Res. 171 was received in the
Senate. On May 21, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of H. Con. Res. 171
and agreed to the resolution.

sense of the house with respect to winning the war on drugs to protect
                              our children

                             (H. Res. 423)

    Expressing the sense of the House with respect to winning
the war on drugs to protect our children.

Summary

    H. Res. 423 is a resolution expressing the sense of the
House of Representatives with respect to winning the war on
drugs. The resolution expresses the commitment of the House to
create a drug-free America, and urges Members of the House to
work to energize children, parents, teachers, and law
enforcement personnel to commit to protect children from the
dangers of drugs. Further, the resolution declares that the
U.S. will focus on deterring the demand of illegal drugs,
stopping the supply of drugs into the country, and increasing
personal accountability.

Legislative History

    H. Res. 423 was introduced in the House by Mr. Hastert and
46 cosponsors on May 7, 1998. The resolution was referred
solely to the Committee on Commerce.
    On May 11, 1998, the Chairman of the Committee on Commerce
sent a letter to the Speaker indicating that, in order to
expedite consideration, the Committee would waive its right to
mark up H. Res. 423, provided that such action does not
prejudice the Committee's jurisdictional prerogatives with
respect to this legislation.
    The House considered H. Res. 423 under Suspension of the
Rules on May 12, 1998, and passed the resolution by a roll call
vote of 412 yeas to 2 nays.

          sense of the house of representatives regarding the

           importance of mammograms and biopsies in the fight

                         against breast cancer

                             (H. Res. 565)

    Expressing the sense of the House of Representatives
regarding the importance of mammograms and biopsies in the
fight against breast cancer.

Summary

    H. Res. 565 expresses the sense of the House of
Representatives regarding the importance of mammograms and
biopsies in the fight against breast cancer. According to the
General Accounting Office, breast cancer is the most commonly
diagnosed nonskin cancer and the second leading cause of cancer
deaths among American women. Experts estimate that during the
1990s as many as 1.8 million women will be diagnosed with
breast cancer, and 500,000 will die from it. Mammograms and
biopsies are the chief method of identifying breast cancer in
its early stages.
    H. Res. 565 expresses the importance of American women,
community organizations, health care providers, and the Federal
government taking an active role in the fight against breast
cancer.

Legislative History

    H. Res. 565 was introduced in the House by Mr. Bass and 135
cosponsors on October 1, 1998. The resolution was referred
solely to the Committee on Commerce.
    The House considered H. Res. 565 under Suspension of the
Rules on October 8 and October 9, 1998, thereby discharging the
Committee on Commerce from further consideration of H. Res.
565. On October 9, 1998, the House passed H. Res. 565 by a roll
call vote of 424 yeas to 0 nays.

          resolution recognizing suicide as a national problem

                             (H. Res. 212)

    Recognizing suicide as a national problem, and for other
purposes.

Summary

    H. Res. 212 declares that the House of Representatives
recognizes suicide as a national problem and declares suicide
prevention to be a national priority. The resolution
acknowledges that no single prevention program will be
appropriate for all populations or communities. In addition, H.
Res. 212 encourages certain initiatives, including the
development and the promotion of accessibility and
affordability of mental health services, to enable all persons
at risk for suicide to obtain the services, without fear of
stigma.

Legislative History

    H. Res. 212 was introduced in the House by Mr. Lewis of
Georgia and 22 cosponsors on July 31, 1997. The resolution was
referred solely to the Committee on Commerce.
    On October 9, 1998, the House considered H. Res. 212 under
Suspension of the Rules, thereby discharging the Committee on
Commerce from further consideration of H. Res. 212. On October
9, 1998, the House passed H. Res. 212 by a voice vote.

prohibition on the expenditure of federal funds for the needle exchange
                                program

                              (H.R. 3717)

    To prohibit the expenditure of Federal funds for the
distribution of needles or syringes for the hypodermic
injection of illegal drugs.

Summary

    H.R. 3717 amends Part B of Title II of the Public Health
Service Act by adding a new section 247. New section 247
prohibits the use of Federal funds to carry out any program of
distributing sterile needles or syringes for the hypodermic
injection of any illegal drug.
    H.R. 3717 also repeals section 506 of Public Law 105-78,
Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 1998, relating to
needle exchange programs.

Legislative History

    H.R. 3717 was introduced in the House by Mr. Solomon and
four cosponsors on April 23, 1998. The bill was referred solely
to the Committee on Commerce.
    On April 27, 1998, the Chairman of the Committee on
Commerce sent a letter to the Speaker indicating that, in order
to expedite consideration, the Committee would waive its right
to mark up H.R. 3717, provided that such action would not
prejudice the Committee's jurisdictional prerogatives with
respect to the legislation.
    On April 28, 1998, the Committee on Rules met and granted a
rule providing for the consideration of H.R. 3717. The rule was
filed in the House as H. Res. 409. The House passed H. Res. 409
on April 29, 1998, by a voice vote. The House considered H.R.
3717 on April 29, 1998, and passed the bill, without amendment,
by a roll call vote of 287 yeas to 140 nays.
    On April 30, 1998, H.R. 3717 was received in the Senate. On
May 7, 1998, H.R. 3717 was read for the first time. On May 8,
1998, the bill was read for a second time and placed on the
Senate Calendar. No further action on H.R. 3717 occurred in the
105th Congress.

                     patient protection act of 1998

                              (H.R. 4250)

    To provide new patient protections under group health
plans.

Summary

    H.R. 4250, the Patient Protection Act of 1998, amends the
Public Health Service Act, the Employee Retirement Income
Security Act (ERISA), and the Internal Revenue Code to define
standards and health benefit plans. First, the legislation
lifts ``gag rules'' placed on medical providers to allow for
open communications between patients and physicians in order to
allow the patient to make fully-informed decisions concerning
the patient's medical condition and optimal course of
treatment. The legislation prohibits health plans from
restricting physicians from giving advice to a patient about
health status or medical treatments regardless of whether the
health plan covers the treatment.
    The legislation requires group health plans and health
insurers to cover emergency medical screening examinations
without prior preauthorization if a ``prudent layperson'' with
average knowledge would consider the situation an emergency.
This provision does not prohibit group health plans or
insurance insurers from imposing any form of cost-sharing for
emergency services if the cost-sharing is uniformly applied.
    The legislation requires group health plans and insurers
that cover routine gynecological or obstetric care by a
participating specialist to allow female enrollees to receive
Ob/Gyn treatment without referral by the primary care provider.
The legislation also requires health plans and insurers that
cover routine pediatric care to allow the parent to designate a
participating pediatric specialist as the primary care
provider.
    H.R. 4250 requires the administrators of group health plans
to ensure that the summary plan descriptions available to
participants describe: (1) covered health benefits; (2) plan
coverage for emergency medical care; (3) plan benefits for
preventive services; (4) coverage of prescription drugs; and
(5) available COBRA benefits. In addition, the bill requires
summary plan descriptions to explain the financial
responsibility of participants.
    The legislation requires group plans to provide written
notice to a participant of any negative coverage decision on
requested benefits under the plan within 30 days of the
request. If the request is for urgent medical care, the plan
must provide the notice within ten days; for emergencies, the
requirement is 72 hours. If an internal appeal results in
another coverage denial, the participant may make a request
within 30 days for an external review, which must be conducted
by one or more independent medical experts selected under the
plan. If the final decision under the plan is an adverse
coverage decision, then the participant has recourse to the
courts. This legislation establishes civil penalties for group
health plans that do not provide benefits in accordance with
the plan's final decision. In cases in which a physician
certifies to a court that the time needed to carry out
administrative remedies and procedures for review of coverage
denials would run the risk of causing irreparable harm to the
health of the participant, the bill permits such participants
to take civil action to expedite review.
    H.R. 4250 requires all health maintenance organizations
(HMOs) to offer a point-of-service (POS) option to all
participants. A POS option allows participants to go outside
the plan's networks of providers if they agree to a higher
premium or copayment requirement. If a plan declines to provide
this option, the legislation requires the issuer to provide
supplemental coverage outside the network. The bill provides
exceptions to the POS requirement if the plan: (1) already
covers services that are not provided in the closed network;
(2) offers coverage through a HealthMart; or (3) is located in
a State that requires the organization to have a separate
license in order to offer such an option. If a State determines
that a group health plan has made a ``good faith'' effort to
obtain coverage, the POS requirement will not apply.
    The bill creates ``HealthMarts'', private, non-profit
organizations that offer health benefit coverage within a
defined geographic area, provide administrative services to
purchasers, and disseminate information. HealthMarts will
generally be constituted by small businesses and their
employees, health care providers, and entities that underwrite
or administer the coverage of health care benefits. The bill
stipulates that these underwriters must be licensed or
regulated under State law and must meet State standards of
consumer protection. Policies offered in a HealthMart may waive
most State mandated benefits.
    In addition, the legislation requires HealthMarts to: (1)
make available health benefits at rates that are established by
the health insurance issuer; (2) offer the same benefits to all
eligible employees in a geographic area; (3) maintain at least
10 purchasers and 100 members by the end of the first year; (4)
specify the geographic areas which must encompass at least one
county or equivalent area; (5) collect and disseminate
consumer-oriented information; and (6) file information with
the applicable Federal authority that demonstrates compliance
with the bill's requirements.
    Finally, H.R. 4250 permits a Community Health Organization
(CHO) to offer health insurance coverage in a State in which it
is not licensed if the CHO applies for a waiver of the State
licensure requirement with the Secretary of Health and Human
Services (the Secretary) by November 1, 2003, and the Secretary
determines that grounds for a waiver have been met. The
application may be waived if: (1) the State failed to complete
action on a licensing application within 90 days; (2) the
waiver application was denied to the CHO, but was approved for
a similar entity; and (3) the State denied the waiver on the
basis of solvency requirements different from those of the
Secretary. In order to qualify for a waiver, the CHO must
assume full financial risk of covering health services. The
legislation directs the Secretary to establish a certification
process for CHOs to meet the solvency standards.

Legislative History

    H.R. 4250 was introduced in the House by Mr. Gingrich and
57 cosponsors on July 16, 1998. The bill was referred to the
Committee on Commerce, and in addition to the Committee on
Education and the Workforce, the Committee on Ways and Means,
the Committee on the Judiciary, and the Committee on Government
Reform and Oversight.
    On July 21, 1998, the Chairman of the Committee on Commerce
sent a letter to the Speaker indicating that, in order to
expedite consideration, the Committee would waive its right to
mark up H.R. 4250, provided that such action would not
prejudice the Commerce Committee's jurisdictional prerogatives
with respect to the legislation.
    On July 24, 1998 (legislative day of July 23, 1998), the
Committee on Rules met and granted a rule providing for the
consideration of H.R. 4250. The rule was filed in the House as
H. Res. 509. The House passed H. Res. 509 on July 24, 1998, by
a roll call vote of 279 yeas to 143 nays. The House considered
H.R. 4250 on July 24, 1998, and passed the bill, amended, by a
roll call vote of 216 yeas to 210 nays.
    On July 28, 1998, H.R. 4250 was received in the Senate and
read the first time. On July 29, 1998, H.R. 4250 was read a
second time and placed on the Senate Calendar.
    On October 9, 1998, a motion to proceed to the
consideration of H.R. 4250 was made in the Senate. The motion
to proceed to the consideration of H.R. 4250 was tabled by a
roll call vote of 50 yeas to 47 nays.
    No further action was taken by the Senate on H.R. 4250 in
the 105th Congress.

                       drug demand reduction act

                              (H.R. 4550)

    To provide for programs to facilitate a significant
reduction in the incidence and prevalence of substance abuse
thorough reducing the demand for illegal drugs and the
inappropriate use of legal drugs.

Summary

    H.R. 4550 establishes programs to significantly reduce the
incidence of substance abuse through restricting the demand for
illegal drugs and the improper use of legal drugs. The bill
also provides grants to support the efforts of parent
organizations to develop and promote efforts to reduce illegal
drug use among children in their communities, incentives for
the approval of anti-addiction drugs, and medical education
through health professionals to prevent, diagnose, and treat
substance abuse cases.

Legislative History

    H.R. 4550 was introduced by Mr. Portman and eleven
cosponsors on September 11, 1998. The bill was referred to the
Committee on Commerce, and in addition to the Committee on
Government Reform and Oversight, the Committee on Small
Business, the Committee on Transportation and Infrastructure,
the Committee on the Judiciary, and the Committee on Education
and the Workforce.
    On September 14, 1998, the Chairman of the Committee on
Commerce sent a letter to the Speaker indicating that, in order
to expedite consideration, the Committee would waive its right
to mark up H.R. 4550, provided that such action would not
prejudice the Committee's jurisdictional prerogatives with
respect to the legislation.
    The Committee on Rules met on September 15, 1998, and
granted a rule providing for the consideration of H.R. 4550.
The rule was filed in the House as H. Res. 538. The House
passed H. Res. 538 on September 16, 1998 by a voice vote. The
House considered H.R. 4550 on September 16, 1998 and passed the
bill, amended, by a roll call vote of 396 yeas to 9 nays.
    On September 17, 1998, H.R. 4550 was received in the
Senate, read twice, and referred to the Senate Committee on the
Judiciary. No further action was taken by the Senate on H.R.
4550 in the 105th Congress.

 environmental research, development, and demonstration authorization
                              act of 1997

                              (H.R. 1276)

    To authorize appropriations for fiscal years 1998 and 1999
for the research, development, and demonstration activities of
the Environmental Protection Agency, and for other purposes.

Summary

    H.R. 1276, the Environmental Research, Development, and
Demonstration Authorization Act of 1997, was referred to the
Committee on Science and the Committee on Commerce.
    H.R. 1276, as reported to the House by the Committee on
Science, authorized appropriations for Fiscal Year 1998 and
1999 for research, development, and demonstration programs of
the Environmental Protection Agency (EPA) within the Office of
Research and Development. The bill provided $639,580,500 for
Fiscal Year 1998 and $658,077,600 for Fiscal Year 1999. In
addition, H.R. 1276 provided authorizations for pesticide
registration and reregistration activities, placed limitations
on certain environmental research and development projects,
authorized funds for transboundary pollution research, required
a strategic plan for environmental research activities, and
contained provisions respecting graduate student fellowships,
provided reporting requirements for the Science Advisory Board,
placed limitations on lobbying activities, provided for notice
of reprogramming and restructuring activities by EPA, contained
a Sense of Congress resolution on the year 2000 problem and
contained a Sense of Congress resolution on certain ``Buy
American'' provisions.
    H.R. 1276, as reported to the House by the Committee on
Commerce, deletes the provisions of H.R. 1276, as reported by
the Committee on Science, for which there were existing
authorizations within the sole jurisdiction of the Commerce
Committee. In addition, H.R. 1276, as reported by the Committee
on Commerce, limits other authorizations contained in H.R. 1276
to ``environmental research and development activities not
authorized under other authority of law'' and confines the
duties of the Assistant Administrator for Research and
Development, contained in section 4 of H.R. 1276, to ``research
and development'' planning activities.

Legislative History

    H.R. 1276 was introduced by Mr. Calvert on April 10, 1997.
The bill was referred solely to the Committee on Science.
    The Committee on Science considered H.R. 1276 on April 16,
1997, and ordered the bill reported to the House, amended, by a
voice vote. The Committee on Science reported H.R. 1276 to the
House on May 16, 1997 (H. Rpt. 105-99, Part 1). On May 16,
1997, H.R. 1276 was referred, sequentially, to the Committee on
Commerce, for a period ending not later than June 20, 1997. On
June 20, 1997, the referral of H.R. 1276 to the Committee on
Commerce was extended for a period ending not later than June
26, 1997.
    The Full Committee met in open markup session on June 25,
1997, and by unanimous consent, proceeded to the immediate
consideration of H.R. 1276. The Full Committee ordered H.R.
1276 reported to the House, amended, by a voice vote, a quorum
being present. The Committee on Commerce reported H.R. 1276 to
the House on June 26, 1997 (H. Rpt. 105-99, Part 2).
    No further action was taken on H.R. 1276 in the 105th
Congress.

          medical device regulatory modernization act of 1997

                              (H.R. 1710)

    To amend the Federal Food, Drug, and Cosmetic Act to
facilitate the development, clearance, and use of devices to
maintain and improve the public health and quality of life of
the citizens of the United States.

Summary

    H.R. 1710 amends the Federal Food, Drug, and Cosmetic Act
to improve the Food and Drug Administration's (FDA's)
regulation of medical devices in order to keep pace with
medical innovation and enhance patient access. H.R. 1710
establishes procedures for the expedited review of breakthrough
devices, and expanding the humanitarian use of devices by
creating specific exemptions and allowances in emergency
situations. Also, in order to assist FDA in meeting time lines
for product application reviews, H.R. 1710 establishes
procedures for the accreditation of third-party reviewers to
review certain 510(k) premarket notification submissions and to
make recommendations regarding the initial classification of
devices. This will allow FDA to redirect its resources to
priority, high-risk devices, while maintaining the critical
review of products before they enter the marketplace.

Legislative History

    On April 30, 1997, the Subcommittee on Health and
Environment held an oversight hearing on Medical Devices:
Technological Innovation and Patient/Provider Perspectives. The
Subcommittee received testimony from representatives of the
Food and Drug Administration and State and university
hospitals.
    On May 22, 1997, H.R. 1710, the Medical Device Regulatory
Modernization Act of 1997, was introduced in the House by Mr.
Barton and 39 cosponsors. The bill was referred solely to the
Committee on Commerce.
    On September 17, 1997, the Subcommittee on Health and
Environment met in open markup session and approved H.R. 1710
for Full Committee consideration, amended, by a voice vote.
    On September 26, 1997, the Full Committee met in open
markup session and ordered H.R. 1710 reported to the House,
amended, by a voice vote, a quorum being present. On October 6,
1997, the Committee on Commerce reported H.R. 1710 to the House
(H. Rpt. 105-307).
    On October 7, 1997, the House considered H.R. 1411 under
Suspension of the Rules and passed the bill, amended, by a
voice vote. As passed by the House, H.R. 1411 included the
provisions of three separate bills reported by the Committee on
Commerce: (1) H.R. 1411, the Prescription Drug User Fee
Reauthorization and Drug Regulatory Modernization Act of 1997;
(2) H.R. 2469, the Food and Nutrition Information Reform Act of
1997; and (3) H.R. 1710, the Medical Device Regulatory
Modernization Act of 1997.
    On October 7, 1997, the House, by unanimous consent, took
S. 830 from the desk and passed the bill after striking all
after the enacting clause and inserting in lieu thereof the
text of H.R. 1411, as passed by the House. Subsequently, on
October 7, 1997, H.R. 1411 was laid on the table.
    No further action was taken on H.R. 1710 in the 105th
Congress. However, provisions of H.R. 1710 were enacted into
law in Title II of Public Law 105-115. For the legislative
history of that law, see the discussion of the Food and Drug
Administration Modernization Act of 1997 in this section.

           food and nutrition information reform act of 1997

                              (H.R. 2469)

    To amend the Federal Food, Drug, and Cosmetic Act and other
statutes to provide for improvements in the regulation of food
ingredients, nutrient content claims, and health claims, and
for other purposes.

Summary

    The purpose of H.R. 2469, the Food and Nutrition
Information Reform Act of 1997, is to enhance consumer
knowledge of the health benefits of foods and food treatments,
to reduce decision making times, and to improve the processes
by which information can be communicated to consumers that will
enable them to adopt more healthful diets.
    H.R. 2469 amends the existing statutory and regulatory
requirements on the labeling of food products to expand
consumer access to important dietary information. The bill also
streamlines the procedures available for the Secretary of
Health and Human services (the Secretary) to permit more
scientifically sound nutrition information to be provided to
consumers through health and nutrient content claims. This
process is triggered by authoritative statements of entities
such as the National Institutes of Health, the Centers for
Disease Control and Prevention, and the National Academy of
Sciences.
    H.R. 2469 also establishes a notification process for the
regulation of components of food packaging, known as food
contact substances, which is intended to expedite authorization
of the marketing of a food contact substance except where the
Secretary determines that submission and review of a food
additive petition is necessary to provide adequate
determination of safety, and authorizes appropriations to
finance the costs of the new notification process.

Legislative History

    On September 11, 1997, H.R. 2469, the Food and Nutrition
Information Reform Act, was introduced in the House by Mr.
Whitfield and 14 cosponsors. The bill was referred solely to
the Committee on Commerce.
    On September 17, 1997, the Subcommittee on Health and
Environment met in open markup session and approved H.R. 2469
for Full Committee consideration, amended, by a voice vote.
    On September 25, 1997, the Full Committee met in open
markup session and ordered H.R. 2469 reported to the House,
amended, by a roll call vote of 43 yeas to 0 nays. On October
6, 1997, the Committee on Commerce reported H.R. 2469 to the
House (H. Rpt. 105-306).
    On October 7, 1997, the House considered H.R. 1411 under
Suspension of the Rules and passed the bill, amended, by a
voice vote. As passed by the House, H.R. 1411 included the
provisions of three separate bills reported by the Committee on
Commerce: (1) H.R. 1411, the Prescription Drug User Fee
Reauthorization and Drug Regulatory Modernization Act of 1997;
(2) H.R. 2469, the Food and Nutrition Information Reform Act of
1997; and (3) H.R. 1710, the Medical Device Regulatory
Modernization Act of 1997.
    On October 7, 1997, the House, by unanimous consent, took
S. 830 from the desk and passed the bill after striking all
after the enacting clause and inserting in lieu thereof the
text of H.R. 1411, as passed by the House. Subsequently, on
October 7, 1997, H.R. 1411 was laid on the table.
    No further action was taken on H.R. 2469 in the 105th
Congress. However, provisions of H.R. 2469 were enacted into
law in Title III of Public Law 105-115. For the legislative
history of that law, see the discussion of the Food and Drug
Administration Modernization Act of 1997 in this section.

             patient access to responsible care act of 1997

                              (H.R. 1415)

    To amend the Public Health Service Act and the Employee
Retirement Income Security Act of 1974 to establish standards
for relationships between group health plans and health
insurance issuers with enrollees, health professionals, and
providers.

Summary

    H.R. 1415 amends the Public Health Service Act and the
Employee Retirement Income Security Act of 1974 to establish
standards for group health plans and health insurance issuers
in dealing with enrollees, health professionals, and providers.
The bill requires health insurance carriers to ensure that (1)
covered items are available and accessible to each enrollee;
and (2) emergency services are available and covered under
health plans.
    The bill also requires insurers to permit enrollees the
option to select a health professional, to cover
nonparticipating health care providers, avoid enrollee burden
from cost control measures, ensure access to specialists, and
provide for continuity and continuation of care. H.R. 1415
prohibits issuers from discriminating against enrollees on the
basis of certain, specified factors.
    H.R. 1415 requires insurers to disclose certain information
to enrollees and potential enrollees, comply with Federal and
State confidentiality laws, meet State solvency laws and
regulations, and establish quality enhancement measures.

Legislative History

    H.R. 1415 was introduced in the House by Mr. Norwood and 63
cosponsors on April 23, 1997. The bill was referred to the
Committee on Commerce, and in addition to the Committee on
Education and the Workforce. Within the Committee on Commerce,
the bill was referred to the Subcommittee on Health and
Environment.
    The Subcommittee on Health and Environment held a hearing
on managed care quality on October 28, 1997, which focused on
H.R. 1415, the Patient Access to Responsible Care Act of 1997.
Witnesses included the Director of the Agency for Health Care
Policy Research and representatives of managed care plans and
patient advocates.
    No further action was taken on H.R. 1415 in the 105th
Congress.

              health insurance bill of rights act of 1997

                               (H.R. 820)

    To amend title XXVII of the Public Health Service Act to
establish standards for the protection of consumers in managed
care plans and other health insurance coverage.

Summary

    H.R. 820 amends the Public Health Service Act and the
Employee Retirement Income Security Act to establish consumer
protection standards for group health plans and health
insurance issuers.
    Specifically this legislation requires the following: (1)
emergency services (if covered) must be provided without prior-
authorization restrictions according to the prudent layperson
standard; (2) a female enrollee may designate an obstetrician
or gynecologist as her primary care provider and may receive
routine care from this provider without prior-authorization or
referral; (3) enrollees undergoing a course of treatment from a
provider must be allowed to continue that course of treatment
for a limited time if the provider is discharged (for other
than quality reasons) from the network; (4) plans that use a
restrictive drug formulary must have a process for providing
exceptions from the formulary when medically indicated; (5)
insurers must maintain a quality assurance and improvement
program; (6) plans must collect and report to beneficiaries
uniform, standardized quality data; (7) plans must maintain a
written process for selecting and credentialing participating
providers; (8) plans must maintain a drug utilization review
program that monitors drug use and incidence of adverse
reactions; (9) plans that conduct utilization review must do so
in accordance with reasonable standards; (10) plans must
maintain a grievance and appeals system; (11) plans may not
arbitrarily interfere with or alter the decision of the
treating physician regarding the manner or setting in which
care is provided.
    H.R. 820 also prohibits agreements between insurers and
providers from: (1) restricting the provider from engaging in
medical communications with a patient; or (2) transferring to
the provider any liability relating to actions or omissions of
the issuer or agent, imposing strict requirements on physician
incentive plans.

Legislative History

    H.R. 820 was introduced in the House by Mr. Dingell on
February 25, 1997. The bill was referred solely to the
Committee on Commerce.
    The Subcommittee on Health and Environment held a hearing
on managed care quality on October 28, 1997, which focused on
H.R. 820, the Health Insurance Bill of Rights Act of 1997.
Witnesses included the Director of the Agency for Health Care
Policy Research and representatives of managed care plans and
patient advocates.
    No further action was taken on H.R. 820 in the 105th
Congress.

                 reformulated gas program in california

                               (H.R. 630)

    To amend the Clean Air Act to permit the exclusive
application of California State regulations regarding
reformulated gas in certain areas within the State.

Summary

    H.R. 630 amends section 211 of the Clean Air Act to provide
that California reformulated gasoline rules would apply in
areas of California which are now considered ``covered'' areas
under the Federal reformulated gasoline (RFG) program. These
areas are San Diego, Los Angeles, and Sacramento. Under H.R.
630, California reformulated gasoline rules would apply ``in
lieu'' of Federal reformulated gasoline rules if certain
conditions are met. These conditions are that the California
rules achieve equivalent or greater emission reductions than
the requirements of section 211(k) of the Clean Air Act (e.g.,
the formula and performance standards regarding Federal RFG
composition) with respect to the aggregate mass of emissions of
toxic air pollutants and in the case of the aggregate mass of
emissions of ozone-forming compounds.

Legislative History

    H.R. 630 was introduced in the House by Mr. Bilbray and
eleven cosponsors on February 6, 1997. The bill was referred
solely to the Committee on Commerce.
    On April 22, 1998, the Subcommittee on Health and
Environment held a hearing on H.R. 630. The Subcommittee
received testimony from a Member of Congress and
representatives of the Environmental Protection Agency, the
Department of Energy, the California Air Resources Board, oil
refiners, petroleum marketers, boat manufacturers, and
organizations representing producers of methyl tertiary butyl
ether-based and ethanol-based oxygenated fuels.
    No further action was taken on H.R. 630 in the 105th
Congress.

                       hiv partner protection act

                              (H.R. 4431)

    To amend title XXVI of the Public Health Service Act to
provide for State programs of partner notification with respect
to individuals with HIV disease.

Summary

    Under current law, in order to be eligible for Ryan White
funding, States are required to have an HIV spousal
notification program that would include all present and past
spouses. Essentially, H.R. 4431 expands that requirement to
include all past and present partners who may have been exposed
to the deadly virus.
    H.R. 4431 requires a physician to confidentially report
positive test results to the State public health officer and
any other information necessary for carrying out a system of
partner notification, as is presently done for diseases such as
syphilis. The State then advises the partner who may have been
infected to seek testing, counseling, and possible treatment.
At no time, however, does the State reveal the identity of the
original person who may have exposed others to the disease.
    When notifying a partner who may have been infected, the
State health officer must also offer referrals for testing and
counseling. The counseling must include information on the
modes of transmission of HIV, information on the prevention of
prenatal and perinatal transmission of the disease, and
information about therapeutic measures which prevent the
deterioration of the immune system. Notifications should be
done in person unless doing so is an unreasonable burden on the
State.
    H.R. 4431 provides no criminal or civil penalty if the
person who originally tested positive refuses to identify his
or her partners, and also provides that there would be no
criminal or civil penalty against a person who in good faith
makes errors in submitting reports or making disclosures.
Finally, if a State fails to notify a person who may have been
infected, the physician could not be held liable.
    Lastly, the bill authorizes $10 million in order to assist
States and local health departments carry out the provisions of
this legislation. It also prevents insurance companies from
discriminating against anyone who may have been tested for HIV
under this program.

Legislative History

    H.R. 4431 was introduced in the House by Representatives
Ackerman and Coburn on August 6, 1998. The bill was referred
solely to the Committee on Commerce.
    On September 29, 1998, the Subcommittee on Health and
Environment held a hearing on H.R. 4431. Witnesses included
Members of Congress, the Director of the Centers for Disease
Control and Prevention, State and local health officials, and
private citizens.
    No further action was taken on H.R. 4431 in the 105th
Congress.

                 Oversight or Investigative Activities

the department of health and human services' proposed budget for fiscal
                               year 1998

    On February 12, 1997, the Subcommittee on Health and
Environment held an oversight hearing on the Department of
Health and Human Services' Proposed Budget for Fiscal Year
1998. The hearing focused on funding priorities within the
Department of Health and Human Services and the
Administration's proposals for reforming the Medicare and
Medicaid Programs. Witnesses included representatives of the
Health Care Financing Administration and the Congressional
Budget Office.

         medicare and managed care: payment and related issues

    On February 27, 1997, the Subcommittee on Health and
Environment held an oversight hearing on the Medicare and
Managed Care. The hearing focused on Medicare's rate setting
policies for health maintenance organizations and the
Administrations proposals to modify those policies. Witnesses
included representatives of the Health Care Financing
Administration, the General Accounting Office, the Prospective
Payment Assessment Commission, and the Physician Payment Review
Commission.

                       medicare home health care

    The Subcommittee on Health and Environment held an
oversight hearing on March 5, 1997, on the Medicare Home Health
Program. The purpose of this hearing was to receive testimony
on problems in the Medicare Home Health Program, including
fraud and abuse, as well as to discuss ways in which the
Federal government is trying to curb these excesses. Witnesses
included representatives from the Department of Health and
Human Services, the General Accounting Office, the Health Care
Financing Administration, the Prospective Payment Assessment
Commission, and the Medicare Home Health industry.

      assisted suicide: legal, medical, ethical, and social issues

    On March 6, 1997, the Subcommittee on Health and
Environment held an oversight hearing on Assisted Suicide:
Legal, Medical, Ethical, and Social Issues. The hearing
examined a wide range of arguments regarding assisted suicide.
Testimony was received from religious leaders, medical
practitioners, medical ethicists, and representatives of the
community of individuals with disabilities.

                  medicaid reform: the governors' view

    On March 11, 1997, the Subcommittee on Health and
Environment held an oversight hearing on Medicaid Reform: The
Governors' View. The hearing examined The Governors' Agenda for
the 105th Congress, which was unanimously adopted by the
National Governors' Association (NGA). Among other provisions,
the Agenda expressed the NGA recommendations for reforming the
Medicaid program. Witnesses testified on behalf of the National
Governors' Association, the General Accounting Office, the
Physician Payment Review Commission, and the Henry J. Kaiser
Family Foundation.

 reauthorization of the substance abuse and mental health services act
                                (samhsa)

    On March 18, 1997, the Subcommittee on Health and
Environment held an oversight hearing on the reauthorization of
the Substance Abuse and Mental Health Services Administration
(SAMHSA). The Substance Abuse and Mental Health Services
Administration (SAMHSA) was created in 1992 to consolidate the
Federal government's research and delivery of substance abuse
prevention and treatment services, and mental health services.
With respect to substance abuse and mental illnesses, SAMHSA
supports prevention and early intervention activities;
develops, identifies, evaluates, and disseminates policies and
service delivery systems which have been shown to have the best
outcomes; and attempts to improve access to needed services.
The Subcommittee heard testimony from representatives of
SAMHSA, State officials, and national associations.

                   medicare provider service networks

    On March 19, 1997, the Subcommittee on Health and
Environment held an oversight hearing on establishing provider-
sponsored service organizations (PSOs) under the Medicare
program. PSOs are health care entities designed and operated by
physicians and hospitals to deliver health care in a more
efficient manner by cutting out the administrative costs
associated with insurance companies and managed care companies.
Although there is substantial agreement that PSOs should be
able to participate as Medicare risk contractors, there is a
fundamental disagreement on how they should be regulated,
particularly with respect to solvency standards. The purpose of
this hearing was to hear testimony and provide an initial
evaluation of the issues surrounding PSOs. The Subcommittee
received testimony from Members of Congress, a State official,
and representatives of national associations and health care
systems.

review of epa's revisions to the national ambient air quality standards
                    for ozone and particulate matter

    On December 13, 1996, the Environmental Protection Agency
(EPA) proposed revisions to the national ambient air quality
standards (NAAQS) for ozone and particulate matter. The
Subcommittee on Health and Environment and the Subcommittee on
Oversight and Investigations held five joint hearings on EPA's
proposed revisions, and one joint hearing on the final revised
NAAQS that EPA issued on July 18, 1997. These hearings explored
uncertainties in the scientific bases for EPA's revisions and
identified significant concerns that had been raised by the
Department of Energy, the Department of Commerce, and other
Federal agencies. The Subcommittees also heard State and local
elected officials express concern regarding EPA's proposed
implementation plan for the revised standards.
    The Subcommittees' first hearing on April 10, 1997, focused
on the scientific bases for the proposed revisions. The
Subcommittees received testimony from a scientific expert panel
consisting of the current and four former chairmen of the Clean
Air Scientific Advisory Committee established under the 1990
amendments to the Clean Air Act. These scientists testified
that, in many cases, the scientific assumptions used by EPA
were subject to uncertainty and that the new standards relied
primarily on epidemiological associations from a limited number
of studies using data that had not been released for review by
other scientists. The Committee demanded that EPA release the
data. As a result of the Committee's efforts, an independent
scientific review panel is reviewing these key studies. The
results of that reanalysis will be used in EPA's next scheduled
5-year review of the revised standards.
    On April 17, 1997, the Subcommittees held a joint hearing
on Development of the Regulatory Impact Analysis for EPA's
Proposed Revisions. The Subcommittees received testimony from
representatives of the Office of Management and Budget (OMB)
and EPA. These officials testified regarding serious questions
raised by OMB, the Departments of Energy and Commerce, and
other Federal agencies during the internal regulatory review of
EPA's proposed revisions.
    On May 1, 1997, the Subcommittees held a joint hearing on
Perspectives of State and Local Elected Officials. The
Subcommittees received testimony from an expert panel of State
and local elected officials on impacts associated with EPA's
proposed standards and questions as to the legal authority for
EPA's proposed implementation plan.
    On May 8, 1997, the Subcommittees held a hearing and
received testimony from an expert panel regarding the Health
Effects of Ozone and Particulate Matter.
    On May 15, 1997, the Subcommittees held a joint hearing to
receive testimony from EPA Administrator Carol M. Browner
regarding the proposed revisions and certain adverse views
expressed by other Federal agencies.
    On July 18, 1997, EPA published the final revisions to the
NAAQS for ozone and particulate matter. Accompanying those
final rules was a July 16, 1997, Memorandum from the President
to the Administrator of the EPA regarding Implementation of
Revised Air Quality Standards for Ozone and Particulate Matter.
Based largely on issues raised during the five joint
Subcommittee hearings, the Memorandum outlined an alternative,
less burdensome approach for implementation of the revised
standards.
    On October 1, 1997, the Subcommittees held a joint hearing
on Implementation of the Clean Air Act NAAQS Revisions for
Ozone and Particulate Matter. The Subcommittees received
testimony from EPA Administrator Carol M. Browner on EPA's
legal authority for the alternative implementation plan. The
Subcommittees also received testimony on implementation from an
expert panel of State and local officials and representatives
of small businesses subject to the revised standards. Because
the legal authority for EPA's alternative implementation plan
remained uncertain, Congress resolved the ambiguity by
incorporating certain elements of the alternative
implementation plan in the Transportation Equity Act for the
21st Century (Public Law 105-178).

           medicare preventive benefits and quality standards

    On April 11, 1997, the Subcommittee on Health and
Environment held an oversight hearing on preventive health
benefits in the Medicare Program. The hearing focused on
medical tests and screening for Medicare beneficiaries to
detect health risks at an early stage of a disease, with an
emphasis on diabetes-related illnesses. Witnesses included the
Speaker of the House, Members of Congress, and representatives
of the General Accounting Office, the American Diabetes
Association, the Washington Hospital Center, the American
College of Gastroenterology, the American Urological
Association, Inc., the American Gastroenterology Association,
and Partnership for Prevention.

  reauthorization of the prescription drug user fee act and fda reform

    In preparation for legislative action on the modernization
of the Food and Drug Administration, the Subcommittee on Health
and Environment held an oversight hearing on April 23, 1997, on
the Reauthorization of the Prescription Drug User Fee Act and
FDA Reform. This hearing laid the foundation for the eventual
passage of the Food and Drug Administration Modernization Act
of 1997 (Public Law 105-115). Witnesses included
representatives of the Food and Drug Administration, the
pharmaceutical industry, the National Multiple Sclerosis
Society, the Children's Brain Tumor Foundation and the American
Academy of Pediatrics, academic experts, and patients.

  medical devices: technological innovation and provider perspectives

    In preparation for legislative action on the modernization
of the Food and Drug Administration, the Subcommittee on Health
and Environment held an oversight hearing on April 30, 1997, on
Medical Devices: Technological Innovation and Patient/Provider
Perspectives. This hearing laid the foundation for the eventual
passage of the Food and Drug Administration Modernization Act
of 1997 (Public Law 105-115). The Subcommittee received
testimony from representatives of the Food and Drug
Administration and State and university hospitals.

   reauthorization of transportation-related air quality improvement
                                programs

    On June 18, 1997, the Subcommittee on Health and
Environment held an oversight hearing on the Reauthorization of
Transportation-Related Air Quality Improvement Programs. The
Subcommittee heard testimony regarding the reauthorization of
Congestion Mitigation and Air Quality program (CMAQ) and other
air quality programs established by the Intermodal Surface
Transportation Efficiency Act of 1991. Testimony was received
from witnesses representing the Environmental Protection
Agency, the Department of Transportation, and national
alliances.

title vi of the 1990 clean air act and the ninth meeting of the parties
                        to the montreal protocol

    On July 30, 1997, the Subcommittee on Health and
Environment held an oversight hearing on the implementation of
Title VI of the Clean Air Act and plans for the Ninth Meeting
of the Parties to the Montreal Protocol, held in Montreal in
September 1997. The Subcommittee received testimony from
representatives of the General Accounting Office (GAO), the
Department of State, the Department of Agriculture, and the
Environmental Protection Agency.
    This hearing focused on a General Accounting Office (GAO)
report requested by the Committee on Commerce to review the
operation of the Multilateral Fund of the Montreal Protocol.
Through 1997, the United States contributed a total of $290
million to the Fund. The GAO report determined that the United
States could save between $2 million to $3 million per year by
changing the form of its payments to the Fund.
    The hearing also focused on the differential in phaseout
schedules applicable to methyl bromide under the Montreal
Protocol and the Clean Air Act and plans to address this
disparity at the Ninth Meeting of the Parties. Additionally,
testimony was received concerning an Advance Notice of Proposed
Rulemaking published by the Food and Drug Administration to
provide for the elimination of essential use exemptions for
chlorofluorocarbon-based metered-dose inhalers. Finally, the
hearing addressed the differential in commitments between
various Parties to the Montreal Protocol, specifically the lack
of ratification of the London and Copenhagen Amendments to the
treaty and the lack of reported compliance data indicating that
countries had met domestic commitments to phaseout ozone
depleting substances.

           overview of national institutes of health programs

    On September 30, 1997, the Subcommittee on Health and
Environment held an oversight hearing on the National
Institutes of Health (NIH). The NIH is the primary agency of
the Federal government charged with the conduct and support of
biomedical and behavioral research. Components of NIH include
20 institutes and centers, each with a focus on particular
diseases or research areas in human health. Witnesses
representing various institutes within NIH were the only
witnesses.

                       transborder air pollution

    On November 18, 1997, the Subcommittee on Health and
Environment conducted an oversight field hearing in San Diego,
California, to assess transborder air pollution, including the
impact of emissions from foreign transborder commuter vehicles
on air quality. Prior to the hearing, the Subcommittee
conducted a site visit to the San Ysidro border crossing, south
of San Diego. At the border, Subcommittee Members received a
briefing from officials with the U.S. Customs Service, observed
vehicles crossing the border and being subject to inspection,
and reviewed application of remote sensing technology to
measure emissions from vehicles driving past the sensing
equipment.
    During the hearing, the Subcommittee received testimony
from U.S. Customs Service officials, State representatives, and
representatives of local citizen and public health
organizations. Testimony received indicated that 28 million
passenger vehicles and over 900,000 buses and trucks per year
utilize southern California ports of entry. At the San Ysidro
border crossing alone, an estimated 58,000 vehicles per day
cross into the United States, of which an estimated 7,000 may
be classified as commuter vehicles. The field hearing focused
on the air quality impact of such vehicles on the ozone
nonattainment status of the San Diego region and possible
actions to lessen this impact.

                         the tobacco settlement

    The Subcommittee on Health and Environment held four
oversight hearings in a series of hearings held by the
Committee and its subcommittees on the ramifications of the
proposed settlement between the Nation's largest tobacco
product manufacturers and several State attorneys general. The
first hearing, held on December 8, 1997, focused on the
allocation of settlement funds between the States and the
Medicaid program. The Subcommittee received testimony from
representatives of the Health Care Financing Administration, a
governor, and State Attorneys General.
    On December 9, 1997, the Subcommittee held an oversight
hearing on efforts to prevent teen tobacco use. The
Subcommittee heard testimony from representatives of the
Centers for Disease Control and Prevention and the General
Accounting Office; State, Federal, and international law
enforcement officials; academic experts; and tobacco
wholesalers.
    On March 5, 1998, the Subcommittee held an oversight
hearing focusing on the views of the public health community on
national tobacco policy where the Subcommittee received
testimony from representatives of various advocacy groups.
    On March 19, 1998, the Subcommittee held an oversight
hearing on the views of the public on national tobacco policy,
and heard testimony from a panel of witnesses representing
minority communities and a panel of teenagers.

 preventing the transmission of the human immunodeficiency virus (hiv)

    On February 2, 1998, the Subcommittee on Health and
Environment held an oversight hearing on preventing the
transmission of the Human Immunodeficiency Virus (HIV). The
hearing focused on strengthening the nation's ability to detect
HIV infection, help infected people live longer, and to prevent
the transmission of HIV. Witnesses included representatives of
the World Health Organization, State and local health agencies,
Women Against Violence, and the AIDS Policy Center for
Children, Youth & Families, and private citizens.

          cloning: legal, medical, ethical, and social issues

    On February 12, 1998, the Subcommittee on Health and
Environment held an oversight hearing on Cloning: Legal,
Medical, Ethical, and Social Issues. The hearing focused on the
wide range of arguments regarding human cloning and did not
focus on any particular piece of legislation. Witnesses
included Members of Congress, religious leaders, academic
experts, and representatives of national associations, and
medical researchers.

          community-based care for americans with disabilities

    On March 12, 1998, the Subcommittee on Health and
Environment held an oversight hearing on Community-based Care
for Americans with Disabilities, which examined some of the
Federally-funded services that are provided to Americans with
disabilities. In Fiscal Year 1997, the Department of Health and
Human Services devoted over $62 billion to programs for people
with disabilities. Witnesses included Members of Congress, and
representatives of the Department of Health and Human Services,
the Health Care Financing Administration, State officials, and
advocates for the disabled, including the National Alliance of
the Disabled, Inc. and the Voice of the Retarded.
    Disabled persons frequently require personal assistance in
everyday activities such as eating, dressing, and bathing. This
assistance in the activities of daily living is known as
``attendant services.'' Medicaid and other public programs
currently finance some of these services but usually in the
context of the disabled person residing in a nursing facility
or intermediate care facility.
    Several States, however, have experimented with making cash
payments directly to beneficiaries, allowing them to hire their
own caregivers and to remain at home. Advocates for these
programs argue that the programs maximize consumer choice and
promote efficiency. Advocates have promoted legislation which
would require Medicaid to cover attendant services in the home
and other ``community-based'' settings. This hearing assisted
the Committee in its consideration of efforts to increase
consumer choice and independent living among the disabled
community.

      new developments in medical research: nih and patient groups

    On March 26, 1998, the Subcommittee on Health and
Environment held an oversight hearing on the National
Institutes of Health (NIH), focusing specifically on new
developments in medical research. Witnesses included Members of
Congress, representatives of NIH, national associations, and
research facilities, and private citizens.

      the ``gift of life'': increasing bone marrow donations and
                            transplantation

    On April 23, 1998, the Subcommittee on Health and
Environment held a joint hearing with the Senate Committee on
Labor and Human Resources Subcommittee on Public Health and
Safety on ``The Gift of Life'': Increasing Bone Marrow Donation
and Transplantation. The purpose of the hearing was to consider
the operation of the National Bone Marrow Donor Program.
Testimony was received from a Member of Congress,
representatives of the Department of Health and Human Services,
the National Institutes of Health, the National Marrow Donor
Program, and the American Association of Blood Banks, and
patients.

 department of health and human services inspector general's audit of
 the health care financing administration's fy 97 financial statements

    On April 24, 1998, the Subcommittee on Health and
Environment and the Subcommittee on Oversight and
Investigations of the Committee on Commerce, and the
Subcommittee on Government Management, Information and
Technology of the Committee on Government Reform and Oversight
held a joint oversight hearing on the financial management
practices at the Health Care Financing Administration (HCFA).
Specifically, the hearing focused on the findings of the
Department of Health and Human Services Office of Inspector
General's audit of HCFA's Fiscal Year 1997 financial statements
and related reports on internal controls and compliance with
laws and regulations, as mandated by the Chief Financial
Officer's Act of 1990 and the Government Management Reform Act
of 1994.
    Witnesses included the Inspector General of the Department
of Health and Human Services and the Administrator of the
Health Care Financing Administration.

 regulatory efforts to phaseout chlorofluorocarbon-based metered-dose
                                inhalers

    On May 6, 1998, the Subcommittee on Health and Environment
held an oversight hearing to review an Advance Notice of
Proposed Rulemaking published in the Federal Register by the
Food and Drug Administration to remove the essential use status
of chlorofluorocarbon-based metered-dose inhalers. The
Subcommittee received testimony from Members of Congress,
representatives of the Department of State, the Environmental
Protection Agency, the Food and Drug Administration,
organizations concerned with asthma and other lung disorders,
and organizations representing dermatologists and pharmacists,
and asthma patients.

        reauthorization of the mammography quality standards act

    In preparation for legislative action to reauthorize the
Mammography Quality Standards Act, on May 8, 1998, the
Subcommittee on Health and Environment held an oversight
hearing on Reauthorization of the Mammography Quality Standards
Act. Witnesses included representatives of the Food and Drug
Administration, the General Accounting Office, the American
Cancer Society, the American College of Radiology, the National
Alliance of Breast Cancer Organizations, and the National
Breast Cancer Coalition.

     electronic commerce: the promise of better healthcare through
                              telemedicine

    The Subcommittee on Health and the Environment held one
hearing as part of the Commerce Committee's electronic commerce
initiative. On June 5, 1998, the Subcommittee on Health and the
Environment held an oversight hearing which focused on the use
of telemedicine to provide better health care. The hearing
examined the use of information technology to lower cost of
health care, technological developments affecting the future of
telemedicine, and barriers to telemedicine. Witnesses included
a representative from the U.S. Army's Medical Research and
Material Command, directors of State telemedicine programs,
executives of industries providing telemedicine services, and
industry consultants.

   putting patients first: resolving allocation of transplant organs

    On June 18, 1998, the Subcommittee on Health and
Environment held a joint hearing with the Senate Committee on
Labor and Human Resources on Putting Patients First: Resolving
Allocation of Transplant Organs. This hearing addressed
proposed regulations affecting organ transplantation that were
published in the Federal Register by the Department of Health
and Human Services on April 2, 1998. These regulations proposed
overturning the current system established by the
transplantation community, and replacing it with a quasi-
national waiting list that would prioritize among the sickest
patients. Witnesses included the Secretary of Health and Human
Services, Members of Congress, physicians, patients, and other
medical experts.

                      the state of cancer research

    On July 20, 1998, the Subcommittee on Health and
Environment held an oversight hearing on The State of Cancer
Research, focusing on cancer prevention, detection, and
treatment. The Subcommittee heard testimony from witnesses
representing the National Cancer Institute, as well as a number
of representatives from some of America's most prestigious
cancer centers.

    the state children's health insurance program: a progress report

    On September 18, 1998, the Subcommittee on Health and
Environment held an oversight hearing on the development and
progress of the State Children's Health Insurance Program (S-
CHIP). The hearing focused on the status of the S-CHIP program
since the program was established under a new Title XXI of the
Social Security Act, which was created in the Balanced Budget
Act of 1997 (Public Law 105-33). Witnesses included
representatives of the Health Care Financing Administration and
State health administrators from the States of Virginia,
Michigan, Ohio, Florida, and New York.

                 medicare+choice program after one year

    The Subcommittee on Health and Environment held an
oversight hearing on October 2, 1998 on the Medicare+Choice
Program after one year. The purpose of this hearing was to
receive testimony on the Medicare+Choice Program after one
year, focusing on the Federal implementation efforts. Witnesses
included representatives of the Health Care Financing
Administration, the Medicare Payment Advisory Commission, as
well as national representatives from the managed care
industry.

    implementation of the safe drinking water act amendments of 1996

    On October 8, 1998, the Subcommittee on Health and
Environment held an oversight hearing on the implementation of
the 1996 Safe Drinking Water Act Amendments (Public Law 104-
182). The hearing received testimony from representatives of
the Environmental Protection Agency (EPA) and a panel of expert
witnesses representing owners and operators of public water
systems, State and local drinking water officials, public
health officials, and the environmental community.
    The hearing focused on EPA's progress in meeting statutory
deadlines established by the 1996 Amendments, the
implementation of the $8.6 billion State Revolving Fund to
assist compliance efforts, the amount and adequacy of funding
devoted to safe drinking water programs, the amount and
adequacy of funding devoted to research activities required by
the 1996 Amendments, and challenges that may be presented in
the future in implementing the 1996 Amendments.

   preventing terrorist access to clean air act section 112(r) risk
                            management plans

    Under Section 112(r) of the Clean Air Act, the
Environmental Protection Agency (EPA) is required to implement
a program focused on the prevention of chemical accidents.
Under EPA's ``Risk Management Program,'' approximately 66,000
facilities will send EPA detailed information regarding
potential accidental chemical release points and estimating
damages and injuries that could result from an absolute worst-
case scenario. The Clean Air Act does not specify the manner by
which EPA is to disseminate this information to the public.
EPA, however, planned to make this information available to the
public on-line via the Internet.
    On September 17, 1998, the Chairman of the Committee on
Commerce wrote to Federal Bureau of Investigation (FBI)
Director to confirm published reports that the FBI and other
law enforcement groups believe that Internet publication of the
worst-case scenario data would give foreign based terrorist
groups the ability to target individual industrial facilities
in any region of the U.S. with a few clicks on a computer.
    On October 9, 1998, the FBI confirmed in its reply letter
to the Chairman that EPA's plan would provide a targeting tool
for a person planning a terrorist or criminal act and that the
FBI opposed EPA's plan to put the worst-case scenario
information on the Internet. The FBI also expressed concern
that, even if EPA did not put the data on the Internet, private
groups would collect the information and re-distribute it on
the Internet.
    On October 26, 1998, the Chairman of the Commerce Committee
wrote to EPA Administrator Carol M. Browner and urged that EPA
consider fully the impact of its actions on public safety. The
Chairman also requested information regarding EPA's plan for
Internet publication of data and the potential for non-
governmental bodies to post this data if EPA decides not to
publish it on its Internet site.
    The Committee on Commerce will continue to monitor this
issue in the 106th Congress.

                             Hearings Held

    The Department of Health and Human Services' Proposed
Budget for Fiscal Year 1998.--Oversight Hearing on the
Department of Health and Human Services' Proposed Budget for
Fiscal Year 1998. Hearing held on February 12, 1997. PRINTED,
Serial Number 105-5.
    Medicare Managed Care: Payment and Related Issues.--
Oversight Hearing on Medicare Managed Care: Payment and Related
Issues. Hearing held on February 27, 1997. PRINTED, Serial
Number 105-15.
    Medicare Home Health Care.--Oversight Hearing on Medicare
Home Health Care. Hearing held on March 5, 1997. PRINTED,
Serial Number 105-14.
    Assisted Suicide: Legal, Medical, Ethical, and Social
Issues.--Oversight Hearing on Assisted Suicide: Legal, Medical,
Ethical, and Social Issues. Hearing held on March 6, 1997.
PRINTED, Serial Number 105-14.
    Medicaid Reform: The Governors' View.--Oversight Hearing on
Medicaid Reform: The Governors' View. Hearing held on March 11,
1997. PRINTED, Serial Number 105-8.
    Reauthorization of the Substance Abuse and Mental Health
Services Act.--Oversight Hearing on the Reauthorization of the
Substance Abuse and Mental Health Services Act (SAMHSA).
Hearing held on March 18, 1997. PRINTED, Serial Number 105-50.
    Medicare Provider Service Networks.--Oversight Hearing on
Medicare Provider Service Networks. Hearing held on March 19,
1997. PRINTED, Serial Number 105-48.
    Review of the Environmental Protection Agency's Proposed
Ozone and Particulate Matter NAAQS Revisions--Part 1.--Joint
Oversight Hearing with the Subcommittee on Oversight and
Investigations on the Clean Air Scientific Advisory Committee's
(CASAC) Review. Hearing held on April 10, 1997. PRINTED, Serial
Number 105-19.
    Medicare Preventive Benefits and Quality Standards.--
Oversight Hearing on Medicare Preventive Benefits and Quality
Standards. Hearing held on April 11, 1997. PRINTED, Serial
Number 105-53.
    Review of the Environmental Protection Agency's Proposed
Ozone and Particulate Matter NAAQS Revisions--Part 1.--Joint
Oversight Hearing with the Subcommittee on Oversight and
Investigations on the Development of the Regulatory Impact
Analysis for EPA's Proposed Revisions. Hearing held on April
17, 1997. PRINTED, Serial Number 105-19.
    Reauthorization of the Prescription Drug User Fee Act and
FDA Reform.--Oversight Hearing on the Reauthorization of the
Prescription Drug User Fee Act and FDA Reform. Hearing held on
April 23, 1997. PRINTED, Serial Number 105-21.
    Medical Devices: Technological Innovation and Patient/
Provider Perspectives.--Oversight Hearing on Medical Devices:
Technological Innovation and Patient/Provider Perspectives.
Hearing held on April 30, 1997. PRINTED, Serial Number 105-20.
    Review of the Environmental Protection Agency's Proposed
Ozone and Particulate Matter NAAQS Revisions--Part 2.--Joint
Oversight Hearing with the Subcommittee on Oversight and
Investigations on the Perspectives of State and Local Elected
Officials. Hearing held on May 1, 1997. PRINTED, Serial Number,
105-24.
    Review of the Environmental Protection Agency's Proposed
Ozone and Particulate Matter NAAQS Revisions--Part 2.--Joint
Oversight Hearing with the Subcommittee on Oversight and
Investigations on the Health Effects of Ozone and Particulate
Matter. Hearing held on May 8, 1997. PRINTED, Serial Number,
105-24.
    Review of the Environmental Protection Agency's Proposed
Ozone and Particulate Matter NAAQS Revisions--Part 2.--Joint
Oversight Hearing with the Subcommittee on Oversight and
Investigations on the Views of the Environmental Protection
Agency Administrator. Hearing held May 15, 1997. PRINTED,
Serial Number 105-24.
    Reauthorization of Transportation-Related Air Quality
Improvement Programs.--Oversight Hearing on the Reauthorization
of Transportation-Related Air Quality Improvement Programs.
Hearing held on June 18, 1997. PRINTED, Serial Number 105-28.
    Title VI of the Clean Air Act and the Ninth Meeting of the
Parties to the Montreal Protocol.--Oversight Hearing on the
Implementation of Title VI of the 1990 Clean Air Act Amendments
and the Plans for the Upcoming Meeting of the Parties to the
Montreal Protocol in Montreal in September 1997. Hearing held
on July 30, 1997. PRINTED, Serial Number 105-36.
    Overview of National Institutes of Health Programs.--
Oversight Hearing on an Overview of National Institutes of
Health Programs. Hearing held on September 30, 1997. PRINTED,
Serial Number 105-43.
    Implementation of the Clean Air Act National Ambient Air
Quality Standards (NAAQS) Revisions for Ozone and Particulate
Matter.--Joint Oversight Hearing with the Subcommittee on
Oversight and Investigations on the Implementation of the Clean
Air Act National Ambient Air Quality Standards (NAAQS)
Revisions for Ozone and Particulate Matter. Hearing held on
October 1, 1997. PRINTED, Serial Number 105-62.
    Managed Care Quality.--Hearing on Managed Care Quality.
This hearing also focused on H.R. 1415, the Patient Access to
Responsible Care Act of 1997, and H.R. 820, the Health
Insurance Bill of Rights Act of 1997. Hearing held on October
28, 1997. PRINTED, Serial Number 105-63.
    Transborder Air Pollution, Including the Impact of
Emissions from Foreign Transborder Commuter Vehicles on Air
Quality in Border Regions.--Oversight Field Hearing on
Transborder Air Pollution, Including the Impact of Emissions
from Foreign Transborder Commuter Vehicles on Air Quality in
Border Regions. Hearing held in San Diego, California on
November 18, 1997. PRINTED, Serial Number 105-60.
    The Tobacco Settlement--Part 1.--Oversight Hearing on those
aspects of the Tobacco Settlement Relating to Medicaid and the
Allocation of Settlement Funds. Hearing held on December 8,
1997. PRINTED, Serial Number 105-66.
    The Tobacco Settlement--Part 1.--Oversight Hearing on those
aspects of the Tobacco Settlement Relating to Preventing Teen
Tobacco Use. Hearing held on December 9, 1997. PRINTED, Serial
Number 105-66.
    Preventing the Transmission of the Human Immunodeficiency
Virus (HIV).--Oversight Hearing on Preventing the Transmission
of the Human Immunodeficiency Virus (HIV). Hearing held on
February 5, 1998. PRINTED, Serial Number 105-71.
    Cloning: Legal, Medical, Ethical, and Social Issues.--
Oversight Hearing on Cloning: Legal, Medical, Ethical, and
Social Issues. Hearing held on February 12, 1998. PRINTED,
Serial Number 105-70.
    The Tobacco Settlement--Part 3.--Oversight Hearing on The
Tobacco Settlement and the Views of the Public Health
Community. Hearing held on March 5, 1998. PRINTED, Serial
Number 105-82.
    Community-Based Care for Americans with Disabilities.--
Oversight Hearing on Community-Based Care for Americans with
Disabilities. Hearing held on March 12, 1998. PRINTED, Serial
Number 105-98.
    The Tobacco Settlement--Part 3.--Oversight Hearing on The
Tobacco Settlement and the Views of the Public. Hearing held on
March 19, 1998. PRINTED, Serial Number 105-82.
    New Developments in Medical Research: NIH and Patient
Groups.--Oversight Hearing on New Developments in Medical
Research: NIH and Patient Groups. Hearing held on March 26,
1998. PRINTED, Serial Number 105-76.
    Implementation of the Reformulated Gasoline Program in
California.--Hearing on H.R. 630, a bill to amend the Clean Air
Act to permit the exclusive application of California State
regulations regarding reformulated gas in certain areas within
the State. Hearing held on April 22, 1998. PRINTED, Serial
Number 105-94.
    The ``Gift of Life'': Increasing Bone Marrow Donations and
Transplantation.--Joint Oversight Hearing with the Senate
Committee on Labor and Human Resources Subcommittee on Public
Health and Safety on The ``Gift of Life'': Increasing Bone
Marrow Donations and Transplantation. Hearing held on April 23,
1998. PRINTED, Serial Number 105-100.
    Department of Health and Human Services Inspector General's
Audit of the Health Care Financing Administration's Fiscal Year
1997 Financial Statements.--Joint Oversight Hearing with the
Subcommittee on Oversight and Investigations and the Committee
on Government Reform and Oversight Subcommittee on Government
Management, Information, and Technology on the Department of
Health and Human Services Inspector General's Audit of the
Health Care Financing Administration's Fiscal Year 1997
Financial Statements. Hearing held on April 24, 1998. PRINTED,
Serial Number 105-127.
    Regulatory Efforts to Phaseout Chlorofluorocarbon-Based
Metered-Dose Inhalers.--Oversight Hearing on Regulatory Efforts
to Phaseout Chlorofluorocarbon-Based Metered-Dose Inhalers.
Hearing held on May 6, 1998. PRINTED, Serial Number 105-95.
    Reauthorization of the Mammography Quality Standards Act.--
Oversight Hearing on Reauthorization of the Mammography Quality
Standards Act. Hearing held on May 8, 1998. PRINTED, Serial
Number 105-88.
    Electronic Commerce--Part 4.--Oversight Hearing on
Electronic Commerce: The Promise of Better Healthcare Through
Telemedicine. Hearing held on June 5, 1998. PRINTED, Serial
Number 105-114.
    Putting Patients First: Resolving Allocation of Transplant
Organs.--Joint Oversight Hearing with the Senate Committee on
Labor and Human Resources on Putting Patients First: Resolving
Allocation of Transplant Organs. Hearing held on June 18, 1998.
PRINTED, Serial Number 105-107.
    The State of Cancer Research.--Hearing on the State of
Cancer Research. Hearing held on July 20, 1998. PRINTED, Serial
Number 105-128.
    The State Children's Health Insurance Program: A Progress
Report.--Oversight Hearing on The State Children's Health
Insurance Program: A Progress Report. Hearing held on September
18, 1998. PRINTED, Serial Number 105-133.
    HIV Partner Protection Act.--Hearing on H.R. 4431, the HIV
Partner Protection Act. Hearing held on September 29, 1998.
PRINTED, Serial Number 105-131.
    The Medicare+Choice Program After One Year.--Oversight
Hearing on The Medicare+Choice Program After One Year. Hearing
held on October 2, 1998. PRINTED, Serial Number 105-139.
    Implementation of the 1996 Safe Drinking Water Act
Amendments.--Oversight Hearing on the Implementation of the
1996 Safe Drinking Water Act Amendments. Hearing held on
October 8, 1998. PRINTED, Serial Number 105-135.

                    Subcommittee on Energy and Power

                             (Ratio 16-13)

                    DAN SCHAEFER, Colorado, Chairman

MICHAEL D. CRAPO, Idaho              RALPH M. HALL, Texas
  Vice Chairman                      ELIZABETH FURSE, Oregon
MICHAEL BILIRAKIS, Florida           BOBBY L. RUSH, Illinois
J. DENNIS HASTERT, Illinois          KAREN McCARTHY, Missouri
FRED UPTON, Michigan                 ALBERT R. WYNN, Maryland
CLIFF STEARNS, Florida               EDWARD J. MARKEY, Massachusetts
BILL PAXON, New York                 RICK BOUCHER, Virginia
STEVE LARGENT, Oklahoma              EDOLPHUS TOWNS, New York
RICHARD BURR, North Carolina         FRANK PALLONE, Jr., New Jersey
ED WHITFIELD, Kentucky               SHERROD BROWN, Ohio
CHARLIE NORWOOD, Georgia             BART GORDON, Tennessee
RICK WHITE, Washington               PETER DEUTSCH, Florida
TOM COBURN, Oklahoma                 JOHN D. DINGELL, Michigan
JAMES E. ROGAN, California             (Ex Officio)
JOHN SHIMKUS, Illinois
TOM BLILEY, Virginia
  (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; mining, oil, gas, and coal combustion wastes;
and all laws, programs, and government activities affecting such
matters.

                         Legislative Activities

     electric and magnetic fields research and public information
                    dissemination program extension

                      Public Law 105-23 (H.R. 363)

    To amend section 2118 of the Energy Policy Act of 1992 to
extend the Electric and Magnetic Fields Research and Public
Information Dissemination program.

Summary

    H.R. 363 extended, through Fiscal Year 1998, the
authorization for the Electric and Magnetic Fields Research and
Public Information Dissemination Program (EMF RAPID), a
Department of Energy program to study the effects of electric
and magnetic fields. The program was originally authorized
under section 2118 of the Energy Policy Act of 1992 (EPAct),
and its objective was to determine whether or not exposure to
electric and magnetic fields affects human health. The EPAct
authorized the EMF RAPID program for five years (Fiscal Years
1993-1997). However, because the EPAct was enacted after the
completion of the Fiscal Year 1993 appropriations cycle the
program did not receive funding until Fiscal Year 1994. The
extension through Fiscal Year 1998 was needed to bring the
project to its logical conclusion as originally envisioned in
the EPAct.

Legislative History

    H.R. 363 was introduced by Mr. Towns on January 7, 1997,
and was referred to the Committee on Commerce and, in addition,
to the Committee on Science. Within the Committee on Commerce,
the bill was referred to the Subcommittee on Energy and Power.
    On February 26, 1997, the Subcommittee on Energy and Power
held a legislative hearing on H.R. 363. Witnesses included
Federal government and industry representatives. Immediately
following the hearing on February 26, 1997, the Subcommittee
met in open markup session and approved H.R. 363, amended, for
Full Committee consideration by a voice vote.
    The Full Committee met in open markup session on March 5,
1997, to consider H.R. 363 and ordered the bill reported to the
House, as amended, by a voice vote, a quorum being present. The
Committee on Commerce reported H.R. 363 to the House on April
21, 1997 (H. Rpt. 105-60, Part 1).
    On April 16, 1997, the Committee on Science met in open
markup session to consider H.R. 363, and ordered the bill
reported to the House, amended, by a voice vote. On April 21,
1997, the Committee on Science reported H.R. 363 to the House
(H. Rpt. 105-60, Part 2).
    The House considered H.R. 363 under Suspension of the Rules
on April 29, 1997, and passed the bill by a roll call vote of
387 yeas to 35 nays.
    On April 30, 1997, H.R. 363 was received in the Senate,
read twice, and referred to the Committee on Energy and Natural
Resources. The Senate Committee on Energy and Natural Resources
met in open markup session on June 11, 1997, and ordered H.R.
363 favorably reported to the Senate, without amendment, by a
voice vote. On June 12, 1997, the Senate Committee on Energy
and Natural Resources reported H.R. 363 to the Senate (S. Rpt.
105-27).
    On June 20, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 363 and passed
the bill, without amendment, clearing the measure for the
President.
    H.R. 363 was presented to the President on June 24, 1997.
The President signed H.R. 363 into law on July 3, 1997 (Public
Law 105-23).

            department of energy standardization act of 1997

                      Public Law 105-28 (H.R. 649)

    To amend sections of the Department of Energy Organization
Act that are obsolete or inconsistent with other statutes and
to repeal a related section of the Federal Energy
Administration Act of 1974.

Summary

    The purpose of H.R. 649 is to eliminate duplicative
statutory requirements for public involvement in the Federal
government's rulemaking and advisory committee processes. Prior
to enactment of this legislation, the Department of Energy
Organization Act and the Federal Energy Administration Act
contained separate and conflicting public involvement
requirements which were inconsistent with the general public
involvement requirements of the Administrative Procedure Act
(Public Law 89-554) and the Federal Advisory Committee Act
(Public Law 92-463).
    This situation resulted in a duplication of effort within
the Department of Energy as it attempted to comply with the
different and inconsistent standards of the various statutes.
H.R. 649 eliminates those provisions of the Department of
Energy-specific statutes which overlap or conflict with the
general statutes governing public participation, making the
Department's rulemaking process and administration of advisory
committees consistent with that of other Federal agencies.

Legislative History

    Representatives Dan Schaefer and Ralph Hall introduced H.R.
649 in the House on February 6, 1997. The bill was referred
solely to the Committee on Commerce.
    On February 26, 1997, the Subcommittee on Energy and Power
held a legislative hearing on H.R. 649. The only witness was a
representative from the Department of Energy. Immediately
following the hearing on February 26, 1997, the Subcommittee on
Energy and Power met in open markup session and approved H.R.
649 for Full Committee consideration, without amendment, by a
voice vote.
    On March 5, 1997, the Full Committee met in open markup
session to consider H.R. 649 and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. On March 11, 1997, the Committee on Commerce reported
H.R. 649 to the House (H. Rpt. 105-11). The House considered
H.R. 649 under Suspension of the Rules on March 11, 1997, and
passed the bill, by a voice vote, without amendment.
    On March 12, 1997, H.R. 649 was received in the Senate,
read twice, and referred to the Senate Committee on Energy and
Natural Resources. On May 21, 1997, the Senate Committee on
Energy and Natural Resources ordered H.R. 649 reported to the
Senate without amendment. On June 11, 1997, the Senate
Committee on Energy and Natural Resources reported H.R. 649 to
the Senate (S. Rpt. 105-26).
    On June 27, 1997, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 649 and passed
the bill, without amendment, clearing the measure for the
President.
    H.R. 649 was presented to the President on July 9, 1997.
The President signed H.R. 649 into law on July 18, 1997 (Public
Law 105-28).

                      balanced budget act of 1997

                 Public Law 105-33 (H.R. 2015, S. 947)

    (Title IX--Asset Sales, User Fees, and Miscellaneous Provisions)

    To provide for reconciliation pursuant to subsections
(b)(1) and (c) of section 105 of the concurrent resolution on
the budget for fiscal year 1998.

Summary

    Title IX of Public Law 105-33, the Balanced Budget Act of
1997, contains an energy-related provision which falls within
the jurisdiction of the Committee on Commerce.
    Section 9303 of the Public Law, Lease of Excess Strategic
Petroleum Reserve Capacity, permits the Department of Energy to
lease the excess storage capacity of the Strategic Petroleum
Reserve (SPR) to foreign governments or their agents. The
provision allows underutilized SPR capacity in the United
States to be utilized by foreign governments for petroleum
product storage and allowing SPR operation costs to be shared
by potential lessees. Conferees from the Committee on Commerce
were involved in the negotiations which led to the final
legislative language.

Legislative History

    On June 11, 1997, the Full Committee considered and
approved three Committee Prints pertaining to energy issues for
transmittal to the Committee on the Budget for inclusion in the
Balanced Budget Act of 1997 as follows.
    A Committee Print entitled ``Title III, Subtitle A--Nuclear
Regulatory Commission Annual Charges'' was approved by a voice
vote, a quorum being present. Prior to this action, on June 5,
1997, the Subcommittee on Energy and Power approved the
Committee Print for Full Committee consideration, without
amendment, by a voice vote. This Committee Print extends the
authority of the Nuclear Regulatory Commission to collect 100
percent of its budget through user fees through Fiscal Year
2002.
    A Committee Print entitled ``Title III, Subtitle B--Lease
of Excess Strategic Petroleum Reserve Capacity'' was approved
by a voice vote, a quorum being present. Prior to this action,
on June 5, 1997, the Subcommittee on Energy and Power approved
the Committee Print for Full Committee consideration, without
amendment, by a voice vote. This Committee Print allows the
Department of Energy to lease the excess storage capacity of
the Strategic Petroleum Reserve to foreign governments or their
agents.
    A Committee Print entitled ``Title III, Subtitle C--Sale of
DOE Assets'' was approved, amended, by a voice vote, a quorum
being present. Prior to this action, on June 5, 1997, the
Subcommittee on Energy and Power approved the Committee Print
for Full Committee consideration, without amendment, by a voice
vote. This Committee Print requires the Department of Energy
(DOE) to sell 3.2 million pounds of surplus natural and low-
enriched uranium per year between fiscal year 1999-2002 at not
less than fair market value, subject to a determination such
sale or sales would not have an adverse material impact on the
domestic uranium mining, conversion, or enrichment industry.
    On June 17, 1997, the Chairman of the Committee on Commerce
sent a letter to the Chairman of the Committee on the Budget
transmitting these three Committee Prints for inclusion in the
Balanced Budget Act of 1997.
    The provisions of these three Committee Prints were
included in the text of Title III of H.R. 2015 as reported to
the House by the Committee on the Budget on June 24, 1997 (H.
Rpt. 105-149).
    The Committee on Rules met on June 24, 1997, and granted a
rule providing for the consideration of H.R. 2015. The rule was
filed in the House as H. Res. 174. On June 25, 1997, the House
passed H. Res. 174 by a roll call vote of 228 yeas to 200 nays.
    The House considered H.R. 2015 on June 25, 1997, and passed
the bill, amended, by a roll call vote of 270 yeas to 162 nays.
On June 25, 1997, H.R. 2015 was received in the Senate and read
twice.
    On June 20, 1997, the Senate Committee on the Budget
reported a companion bill to the Senate, which was introduced
in the Senate as S. 947 (No Written Report). Pursuant to a
unanimous consent request agreed to on June 20, 1997, the
Senate began consideration of S. 947 on June 23, 1997. The
Senate considered S. 947 on June 23, June 24, and June 25,
1997; and on June 25, 1997, passed S. 947 by a roll call vote
of 73 yeas to 27 nays. Pursuant to a unanimous consent request
agreed to on June 24, 1997, the Senate, on June 25, 1997, then
proceeded to the immediate consideration of H.R. 2015, struck
all after the enacting clause and inserted in lieu thereof the
text of S. 947 as passed by the Senate, and passed H.R. 2015.
By unanimous consent, the Senate postponed further
consideration of S. 947.
    On June 27, 1997, the Senate insisted on its amendment to
H.R. 2015, requested a conference with the House, and appointed
conferees. On July 10, 1997, the House disagreed to the Senate
amendment to H.R. 2015, agreed to a conference with the Senate,
and appointed conferees. A motion to instruct the conferees was
agreed to by a roll call vote of 414 yeas to 14 nays. Members
of the Committee on Commerce were appointed as conferees.
    During the House-Senate conference, the provisions relating
to the Nuclear Regulatory Commission Annual Charges and the
Sale of DOE Assets were deleted from H.R. 2015. On July 30,
1997, the conference report on H.R. 2015 was filed in the House
(H. Rpt. 105-347).
    On July 29, 1997, the Committee on Rules met and granted a
rule waiving clause 4(b) of Rule XI (requiring a 2/3 vote to
consider a rule on the same day it is reported by the Committee
on Rules) with respect to the rule on H.R. 2015, or amendments
in disagreement reported before August 3, 1997, and the rule on
H.R. 2014 or amendments in disagreement reported before August
3, 1997. The rule was filed in the House as H. Res. 201. On
July 30, 1997, the Committee on Rules met and granted a rule
providing for the consideration of the conference report on
H.R. 2015. The rule was filed in the House as H. Res. 202. On
July 30, 1997, the House passed H. Res. 201 by a roll call vote
of 237 yeas to 187 nays. The House then passed H. Res. 202 by a
voice vote. Finally, on July 30, 1997, the House agreed to the
conference report on H.R. 2015 by a roll call vote of 346 yeas
to 85 nays.
    The Senate considered the conference report on H.R. 2015 on
July 30, and July 31, 1997; and on July 31, 1997, passed the
conference report by a roll call vote of 85 yeas to 15 nays,
clearing the measure for the President.
    H.R. 2015 was presented to the President on August 1, 1997.
On August 5, 1997, the President signed H.R. 2015 into law
(Public Law 105-33).

        national defense authorization act for fiscal year 1998

     Public Law 105-85 (H.R. 1119, S. 936, S. 924, S. Con. Res. 64)

                      (Energy Related Provisions)

    To authorize appropriations for fiscal year 1998 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

    Public Law 105-85 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including several dealing with energy related issues. Members
of the Committee on Commerce were appointed as conferees on
these provisions and participated in the conference
negotiations which led to the agreements contained in H.R.
1119.
    Section 3137 of the Public Law puts limitations on the use
of funds for laboratory directed research and development
purposes. This provision should ensure that funding from non-
R&D accounts is not spent on research and development which
would not be of direct benefit to the paying account. Conferees
from the Commerce Committee supported the inclusion of this
language.
    Section 3138 of the Public Law establishes a pilot program
relating to the use of proceeds of disposal of certain
Department of Energy assets. The section authorizes the
Secretary of Energy to retain from the cost of selling,
leasing, or disposing of an asset an amount equal to the cost
of the sale, lease, or disposal. These costs include the cost
of preparing an asset for sale, lease, or disposal. The
authority is limited to the sale, lease, or disposal of six
specific Department of Energy assets. Conferees from the
Commerce Committee supported the inclusion of this language.
    Section 3139 of the Public Law extends the authority for
the appointment of certain scientific, engineering, and
technical personnel for the Department of Energy. This will
allow the Department to continue the hiring of qualified
professionals without regard to the provisions governing the
appointments in the competitive service, and General Schedule
classification schedules and pay rates contained in title 5,
United States Code. Conferees from the Committee on Commerce
supported the inclusion of this section.
    Section 3153 of the Public Law establishes a study and
associated funding relating to the implementation of workforce
restructuring programs. Conferees from the Commerce Committee
were involved in the negotiation of compromise language for
this section.
    Section 3165 of the Public Law authorizes community
assistance payments from the Department of Energy to Los Alamos
County under the Atomic Energy Community Act of 1955. Conferees
from the Committee on Commerce supported the inclusion of this
section.
    Title XXXII of the Public Law authorizes the activities of
the Defense Nuclear Facilities Safety Board, and requires a
study of those activities of the Board which would be more
efficiently regulated by an external entity. Conferees from the
Committee on Commerce were involved in the negotiation of
compromise language for this title and supported its inclusion.
    Section 3402 of the Public Law provides a floor for the
sale of petroleum from Naval Petroleum Reserves 1, 2, and 3,
prohibiting any sales at a price under 90 percent of the
current sales price of comparable petroleum products. Conferees
from the Committee on Commerce were involved in the formulation
of this language.
    Section 3404 of the Public Law allows for the disposal of
portions of the Naval Petroleum Reserve and transfers
``administrative jurisdiction'' over portions of the Naval
Petroleum and Oil Shale Reserves to the Secretary of the
Interior. Conferees from the Committee on Commerce supported
the inclusion of this section.

Legislative History

    H.R. 1119 was introduced in the House by Representatives
Spence and Dellums on March 19, 1997, and referred solely to
the Committee on National Security. The Committee on National
Security met to consider H.R. 1119 on June 11, 1997, and
ordered the bill reported to the House, amended, by a roll call
vote of 51 yeas to 3 nays. On June 16, 1997, the Committee on
National Security reported H.R. 1119 to the House (H. Rpt. 105-
132).
    The Committee on Rules met on June 18, 1997, and granted a
rule providing for the consideration of H.R. 1119. The rule was
filed in the House as H. Res. 169. On June 19, 1997, the House
passed H. Res. 169, amended, by a roll call vote of 322 yeas to
101 nays.
    The House considered H.R. 1119 on June 19, June 20, June
23, June 24, and June 25, 1997; and on June 25, 1997, passed
the bill, as amended by a roll call vote of 304 yeas to 120
nays. On July 7, 1997, H.R. 1119 was received in the Senate,
read twice, and placed on the Senate Calendar.
    On June 17, 1997, the Senate Committee on Armed Services
reported an original measure to the Senate, which was
introduced in the Senate by Mr. Thurmond as S. 924 and placed
on the Senate Calendar (S. Rpt. 105-29). On June 18, 1997, the
Senate Committee on Armed Services reported an original measure
to the Senate, which was introduced in the Senate by Mr.
Thurmond as S. 936 and placed on the Senate Calendar (No
Written Report).
    The Senate considered S. 936 on June 19, June 20, July 7,
July 8, July 9, July 10, and July 11, 1997. On July 11, 1997,
the Senate passed S. 936, amended, by a roll call vote of 94
yeas to 4 nays. On July 11, 1997, by unanimous consent, the
Senate agreed to a request that S. Rpt. 105-29, the report to
accompany S. 924, be deemed to be the report to accompany S.
936. The Senate then, by unanimous consent, took H.R. 1119 from
the Senate Calendar and passed the bill, amended with the text
of S. 936 as passed by the Senate. The Senate insisted on its
amendment to H.R. 1119, requested a conference with the House,
and appointed conferees.
    On July 25, 1997, the House disagreed to the Senate
amendment to H.R. 1119, agreed to a conference with the Senate,
and appointed conferees. Members of the Committee on Commerce
were appointed as conferees. The House, on July 25, 1997, also
agreed by a roll call vote of 414 yeas to 0 nays to a motion to
instruct the conferees and, by a roll call vote of 409 yeas to
1 nay, agreed to a motion to close portions of the conference.
    On September 5, 1997, the House agreed to a second motion
to instruct the conferees by a roll call vote of 261 yeas to
150 nays. The conference report on H.R. 1119 was filed in the
House on October 23, 1997 (H. Rpt. 105-340).
    On October 23, 1997, the Committee on Rules met and granted
a rule providing for the consideration of the conference report
on H.R. 1119. The rule was filed in the House as H. Res. 278.
On October 28, 1997, the House passed H. Res. 278 by a roll
call vote of 353 yeas to 59 nays.
    The House agreed to the conference report by a roll call
vote of 286 yeas to 123 nays on October 28, 1997. The Senate
agreed to the conference report by a roll call vote of 90 yeas
to 10 nays on November 6, 1997.
    On November 6, 1997, the Senate also agreed to S. Con. Res.
64, a resolution to provide for corrections in the enrollment
of H.R. 1119, pursuant to a unanimous consent request agreed to
on October 31, 1997. S. Con. Res. 64 was received in the House
on November 6, 1997, and held at the desk. No further action
was taken on S. Con. Res. 64.
    H.R. 1119 was presented to the President on November 6,
1997. The President signed H.R. 1119 into law on November 18,
1997 (Public Law 105-85).

      energy policy and conservation act programs reauthorization

              Public Law 105-177 (H.R. 2472, H. Res. 317)

    To extend certain programs under the Energy Policy and
Conservation Act.

Summary

    H.R. 2472 extends (1) the authorization of appropriations
for the Strategic Petroleum Reserve through Fiscal Year 1999;
and (2) all authorities for domestic supply availability and
for standby energy through September 1, 1999. Enactment of this
legislation assured that in the event of an energy emergency,
the President's authority to drawdown the Strategic Petroleum
Reserve was preserved. H.R. 2472 also preserves and expands the
ability of U.S. oil companies to participate in the
International Energy Agreement without violating antitrust
laws. It also limits drawdown and distribution of petroleum
products from the Strategic Petroleum Reserve to the purposes
and proscriptions of the Energy Policy and Conservation Act.
Finally, H.R. 2472 also requires the annual budget submitted by
the Secretary of Energy to include a funding request for
petroleum storage in the Strategic Petroleum Reserve or to
provide a written explanation why such a request is not
forthcoming.

Legislative History

    On September 15, 1997, Mr. Dan Schaefer introduced H.R.
2472 in the House. The bill was referred solely to the
Committee on Commerce.
    The Subcommittee on Energy and Power held a hearing on H.R.
2472 on September 16, 1997. Testimony was received from
representatives of the Department of Energy, State and
community agencies, and energy service companies. Immediately
following the hearing on September 16, 1997, the Subcommittee
on Energy and Power met in open markup session and approved
H.R. 2472 for Full Committee consideration, without amendment,
by a voice vote.
    On September 18, 1997, the Full Committee met in open
markup session and ordered H.R. 2472 reported to the House,
without amendment, by a voice vote, a quorum being present. The
Committee on Commerce reported H.R. 2472 to the House on
September 26, 1997 (H. Rpt. 105-275).
    The House considered H.R. 2472 under Suspension of the
Rules on September 29, 1997, and passed the bill by a roll call
vote of 405 yeas to 8 nays.
    On September 30, 1997, H.R. 2472 was received in the Senate
and read twice. By unanimous consent, the Senate then proceeded
to the immediate consideration of H.R. 2472 and passed the
bill, amended. On October 1, 1997, H.R. 2472 was returned to
the House.
    On November 9, 1997, the House considered H. Res. 317 under
Suspension of the Rules and passed the resolution by a voice
vote. H. Res. 317 provided for the agreement of the House to
the Senate amendment to H.R. 2472 with an amendment.
    On February 12, 1998, H.R. 2472 was laid before the Senate
and, by unanimous consent, the Senate concurred in the House
amendment to the Senate amendment to H.R. 2472, with an
amendment. The Senate then insisted on its amendment and
requested a conference with the House thereon. On March 23,
1998, the Senate appointed conferees.
    On May 19, 1998, the House H.R. 2472 under Suspension of
the Rules and, by a voice vote, concurred in the Senate
amendment to the House amendment to the Senate amendment to
H.R. 2472, clearing the measure for the President.
    H.R. 2472 was presented to the President on May 21, 1998.
The President signed H.R. 2472 into law on June 1, 1998 (Public
Law 105-177).

             transportation equity act for the 21st century

                Public Law 105-178 (H.R. 2400, S. 1173)

                      (Energy Related Provisions)

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

Summary

    Public Law 105-178 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including several dealing with energy related issues. Members
of the Committee on Commerce were appointed as conferees on
these provisions and participated in the conference
negotiations which led to the agreements contained in H.R.
2400.
    Subtitle (C) of Title VII of Public law 105-178 improves
the national one-call notification program in order to enhance
public safety, protect the environment, minimize risks to
excavators, and prevent disruption of vital public services
caused by unintentional damage from excavation to underground
facilities such as natural gas and hazardous liquid pipelines,
and electric and telecommunication cables.

Legislative History

    H.R. 2400 was introduced in the House on September 4, 1997,
by Mr. Shuster and three cosponsors. The bill was referred to
the Committee on Transportation and Infrastructure, and in
addition to the Committee on the Budget.
    On March 24, 1998, the Committee on Transportation and
Infrastructure considered H.R. 2400, and ordered the bill
reported to the House, amended, by a roll call vote of 69 yes
to 0 nays. On March 25, 1998, the Committee on Transportation
and Infrastructure reported H.R. 2400 to the House (H. Rpt.
105-467, Part 1). On March 25, 1998, the referral of H.R. 2400
to the Committee on the Budget was extended for a period ending
not later than March 27, 1998. On March 25, 1998, H.R. 2400 was
also referred, sequentially, to the Committee on Ways and Means
for a period ending not later than March 27, 1998.
    On March 25, 1998, the Chairman of the Committee on
Commerce sent a letter to the Chairman of the Committee on
Transportation and Infrastructure indicating that H.R. 2400, as
ordered reported, included provisions within the jurisdiction
of the Commerce Committee. The Chairman further stated that, in
order to expedite consideration of this measure by the House,
the Committee on Commerce would not seek a sequential referral
of H.R. 2400, provided such action would not prejudice the
Commerce Committee's future jurisdictional interests in the
legislation. On March 25, 1998, the Chairman of the Committee
on Transportation and Infrastructure sent a letter to the
Chairman of the Committee on Commerce acknowledging the
Commerce Committee's jurisdictional concerns and prerogatives
with respect to H.R. 2400.
    On March 26, 1998, the Committee on Ways and Means
considered H.R. 2400, and ordered the bill reported to the
House, amended, by a voice vote.
    On March 27, 1998, the Committee on Transportation and
Infrastructure filed a supplemental report on H.R. 2400 in the
House (H. Rpt. 105-467, Part 2). On March 27, 1998, the
Committee on Ways and Means reported H.R. 2400 to the House (H.
Rpt. 105-467, Part 3). On March 27, 1998, the Committee on the
Budget was discharged from further consideration of H.R. 2400.
    On March 31, 1998, the Committee on Rules met and granted a
rule providing for the consideration of H.R. 2400. The rule was
filed in the House as H. Res. 405. The House passed H. Res. 405
on April 1, 1998, by a roll call vote of 357 yeas to 61 nays.
The House considered H.R. 2400 on April 1, 1998, and passed the
bill, amended, by a roll call vote of 337 yeas to 80 nays.
    On April 1, 1998, the House also agreed to a unanimous
consent request if a message arrived from the Senate indicating
that the Senate had passed H.R. 2400, with an amendment,
insisted on its amendment, and requested a conference with the
House, that the House be deemed to have disagreed to the Senate
amendment, agreed to the conference with the Senate, and that
the Speaker appointed conferees without any intervening motion.
The unanimous consent request also provided for a motion to
instruct conferees to be offered on the House Floor during the
week of April 21, 1998, and provided that the managers could
not file a conference report prior to April 22, 1998.
    H.R. 2400 was received in the Senate on April 2, 1998, and
read twice.
    On September 12, 1997, S. 1173, a companion bill, was
introduced in the Senate by Mr. Warner and fourteen cosponsors.
The bill was read twice and referred to the Senate Committee on
Environment and Public Works. On September 17, 1997, the Senate
Committee on Environment and Public Works considered S. 1173
and ordered the bill reported to the Senate, amended. On
October 1, 1997, the Senate Committee on Environment and Public
Works reported S. 1173 to the Senate (S. Rpt. 105-95). The
Senate considered S. 1173 on October 8, October 20, October 21,
October 22, October 23, October 24, October 28, and October 29,
1997. On October 29, 1997, S. 1173 was returned to the Senate
Calendar.
    On February 26, 1998, the Senate began consideration of S.
1173 again, and considered the bill on February 26, February
27, March 2, March 3, March 4, March 5, March 6, March 9, March
10, March 11, and March 12, 1998. On March 12, 1998, the Senate
adopted an modified committee amendment in the nature of a
substitute. S. 1173 was then read for the third time and again
returned to the Senate Calendar. On April 2, 1998, pursuant to
a unanimous consent request agreed to on March 12, 1998, the
Senate proceeded to the immediate consideration of H.R. 2400,
struck all after the enacting clause and inserted in lieu
thereof the text of S. 1173 as amended by the Senate, and
passed H.R. 2400. By unanimous consent, the Senate indefinitely
postponed S. 1173.
    On April 2, 1998, the Senate insisted on its amendment to
H.R. 2400, requested a conference with the House, and appointed
conferees. On April 3, 1998, pursuant to the unanimous consent
agreement of April 1, 1998, the House disagreed to the Senate
amendment to H.R. 2400, agreed to a conference with the Senate,
and appointed conferees. On April 22, 1998, the Speaker
appointed additional conferees from the Committee on Commerce.
On April 23, 1998, the Speaker appointed additional conferees
from the Committee on Science. On May 6, 1998, the Speaker
appointed additional conferees from the Committee on Ways and
Means and the Committee on the Budget. On May 20, 1998, a
motion to instruct conferees passed by a roll call vote of 422
yeas to 0 nays. On May 21, 1998, a motion to instruct conferees
was defeated by a roll call vote of 77 yeas to 332 nays, with 1
voting present. On May 21, 1998, a second motion to instruct
conferees also was defeated by a roll call vote of 156 yeas to
251 nays, with 2 voting present. On May 22, 1998, the
conference report on H.R. 2400 was filed in the House (H. Rpt.
104-550).
    On May 22, 1998, the Committee on Rules met and granted a
rule providing for the consideration of the conference report
on H.R. 2400. The rule was filed in the House as H. Res. 449.
On May 22, 1998, the House passed H. Res. 449 by a roll call
vote of 359 yeas to 29 nays. On May 22, 1998, the House also
agreed to the conference report on H.R. 2400 by a roll call
vote of 397 yeas to 86 nays.
    The Senate agreed to the conference report on H.R. 2400 on
May 22, 1998 by a roll call vote of 85 yeas to 15 nays,
clearing the measure for the President.
    H.R. 2400 was presented to the President on May 28, 1998.
On June 9, 1998, the President signed H.R. 2400 into law
(Public Law 105-178).

 extension of the federal power act deadline for the construction of a
        hydroelectric project located in the state of washington

                     Public Law 105-189 (H.R. 651)

    To extend the deadline under the Federal Power Act for the
construction of a hydroelectric project located in the State of
Washington, and for other purposes.

Summary

    The purpose of H.R. 651 is to extend the statutory deadline
for the commencement of construction of a hydroelectric project
in the State of Washington (Project No. 8864).
    Section 13 of the Federal Power Act establishes time limits
for the commencement of construction of hydroelectric projects
once the Federal Energy Regulatory Commission (FERC) has issued
a license. The licensee must begin construction not more than
two years from the date the license is issued, unless FERC
extends the deadline. Section 13 permits FERC to grant only one
two-year extension of that deadline. Therefore, a license is
subject to termination if a licensee fails to begin
construction within four years.
    H.R. 651 authorizes FERC to extend the deadline for the
commencement of construction for a 5.4 megawatt hydroelectric
project (Project No. 8864) in King County, Washington for up to
three additional two-year periods. H.R. 651 does not ease the
requirements of a license, but merely extends the period for
commencement of construction.

Legislative History

    On February 6, 1997, Mr. White introduced H.R. 651 in the
House. The bill was referred solely to the Committee on
Commerce.
    On February 26, 1997, the Subcommittee on Energy and Power
met in open markup session to consider H.R. 651 and approved
the bill for Full Committee consideration, without amendment,
by a voice vote.
    On March 5, 1997, the Full Committee met in open markup
session to consider H.R. 651 and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. The Committee on Commerce reported H.R. 651 to the
House on March 11, 1997 (H. Rpt. 105-12).
    On March 11, 1997, the House considered H.R. 651 under
Suspension of the Rules and passed the bill by a voice vote.
H.R. 651 was received in the Senate on March 12, 1997, read
twice, and referred to the Senate Committee on Energy and
Natural Resources.
    On October 22, 1997, the Senate Committee on Energy and
Natural Resources ordered H.R. 651 reported to the Senate,
without amendment. The Senate Committee on Energy and Natural
Resources reported H.R. 651 to the Senate on November 4, 1997
(S. Rpt. 105-133). On June 25, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 651 and
passed the bill, without amendment, clearing the measure for
the President.
    H.R. 651 was presented to the President on July 8, 1998.
The President signed H.R. 651 into law on July 14, 1998 (Public
Law 105-189).

 extension of the federal power act deadline for the construction of a
        hydroelectric project located in the state of washington

                     Public Law 105-190 (H.R. 652)

    To extend the deadline under the Federal Power Act for the
construction of a hydroelectric project located in the State of
Washington, and for other purposes.

Summary

    The purpose of H.R. 652 is to extend the statutory deadline
for the commencement of construction of a hydroelectric project
in the State of Washington (Project No. 9025).
    Section 13 of the Federal Power Act establishes time limits
for the commencement of construction of hydroelectric projects
once the Federal Energy Regulatory Commission (FERC) has issued
a license. The licensee must begin construction not more than
two years from the date the license is issued, unless FERC
extends the deadline. Section 13 permits FERC to grant only one
two-year extension of that deadline. Therefore, a license is
subject to termination if a licensee fails to begin
construction within four years.
    H.R. 652 authorizes FERC to extend the deadline for the
commencement of construction of a 6.3 megawatt hydroelectric
project (Project No. 9025) in King County, Washington for up to
three additional two-year periods. H.R. 652 does not ease the
requirements of a license, but merely extends the period for
commencement of construction.

Legislative History

    On February 6, 1997, Mr. White introduced H.R. 652 in the
House. The bill was referred solely to the Committee on
Commerce.
    On February 26, 1997, the Subcommittee on Energy and Power
met in open markup session to consider H.R. 652 and approved
the bill for Full Committee consideration, without amendment,
by a voice vote.
    On March 5, 1997, the Full Committee met in open markup
session to consider H.R. 652 and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. The Committee on Commerce reported H.R. 652 to the
House on March 11, 1997 (H. Rpt. 105-13).
    On March 11, 1997, the House considered H.R. 652 under
Suspension of the Rules and passed the bill by a voice vote.
H.R. 652 was received in the Senate on March 12, 1997, read
twice, and referred to the Senate Committee on Energy and
Natural Resources.
    On October 22, 1997, the Senate Committee on Energy and
Natural Resources ordered H.R. 652 reported to the Senate,
without amendment. The Senate Committee on Energy and Natural
Resources reported H.R. 652 to the Senate on November 4, 1997
(S. Rpt. 105-134). On June 25, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 652 and
passed the bill, without amendment, clearing the measure for
the President.
    H.R. 652 was presented to the President on July 8, 1998.
The President signed H.R. 652 into law on July 14, 1998 (Public
Law 105-190).

extension of the federal power act deadline for the construction of the
               ausable hydroelectric project in new york

                     Public Law 105-191 (H.R. 848)

    To extend the deadline under the Federal Power Act for the
construction of the AuSable Hydroelectric Project in New York,
and for other purposes.

Summary

    The purpose of H.R. 848 is to extend the statutory deadline
for the commencement of construction of the AuSable
Hydroelectric Project in the State of New York (Project No.
10836).
    Section 13 of the Federal Power Act establishes time limits
for the commencement of construction of hydroelectric projects
once the Federal Energy Regulatory Commission (FERC) has issued
a license. The licensee must begin construction not more than
two years from the date the license is issued, unless FERC
extends the deadline. Section 13 permits FERC to grant only one
two-year extension of that deadline. Therefore, a license is
subject to termination if a licensee fails to begin
construction within four years.
    H.R. 848 authorizes FERC to extend the deadline for the
commencement of construction of the AuSable Hydroelectric
Project, an 800 kilowatt hydroelectric project (Project No.
10836) in Clinton and Essex Counties, New York. H.R. 848
reinstates the license and extends the deadline for up to three
additional two-year periods. H.R. 848 does not ease the
requirements of a license, but merely extends the period for
commencement of construction.

Legislative History

    On February 26, 1997, Mr. McHugh introduced H.R. 848 in the
House. The bill was referred solely to the Committee on
Commerce.
    On May 22, 1997, the Subcommittee on Energy and Power met
in open markup session to consider H.R. 848 and approved the
bill for Full Committee consideration, without amendment, by a
voice vote.
    On June 4, 1997, the Full Committee met in open markup
session to consider H.R. 848 and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. The Committee on Commerce reported H.R. 848 to the
House on June 7, 1997 (H. Rpt. 105-122).
    On June 10, 1997, the House considered H.R. 848 under
Suspension of the Rules and passed the bill by a voice vote.
H.R. 848 was received in the Senate on June 11, 1997, read
twice, and referred to the Senate Committee on Energy and
Natural Resources.
    On October 22, 1997, the Senate Committee on Energy and
Natural Resources ordered H.R. 848 reported to the Senate,
without amendment. The Senate Committee on Energy and Natural
Resources reported H.R. 848 to the Senate on November 4, 1997
(S. Rpt. 105-135). On June 25, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 848 and
passed the bill, without amendment, clearing the measure for
the President.
    H.R. 848 was presented to the President on July 8, 1998.
The President signed H.R. 848 into law on July 14, 1998 (Public
Law 105-191).

extension of the federal power act deadline for the construction of the
      bear creek hydroelectric project in the state of washington

                     Public Law 105-192 (H.R. 1184)

    To extend the deadline under the Federal Power Act for the
construction of the Bear Creek Hydroelectric Project in the
State of Washington, and for other purposes.

Summary

    The purpose of H.R. 1184 is to extend the statutory
deadline for the commencement of construction of the Bear Creek
Hydroelectric Project in the State of Washington (Project No.
10371).
    Section 13 of the Federal Power Act establishes time limits
for the commencement of construction of hydroelectric projects
once the Federal Energy Regulatory Commission (FERC) has issued
a license. The licensee must begin construction not more than
two years from the date the license is issued, unless FERC
extends the deadline. Section 13 permits FERC to grant only one
two-year extension of that deadline. Therefore, a license is
subject to termination if a licensee fails to begin
construction within four years.
    H.R. 1184 authorizes FERC to extend the deadline for the
commencement of construction of the Bear Creek Hydroelectric
Project, a 4 megawatt hydroelectric project (Project No. 10371)
in Skagit County, Washington. H.R. 1184 reinstates the license
and extends the deadline for up to three additional two-year
periods. H.R. 1184 does not ease the requirements of a license,
but merely extends the period for commencement of construction.
    H.R. 1184 also reenacts a sentence in section 6 of the
Federal Power Act relating to revocation of hydroelectric
licenses inadvertently deleted by the General Accounting Office
Act of 1996 (Public Law 104-316).

Legislative History

    On March 20, 1997, Mr. Metcalf introduced H.R. 1184 in the
House. The bill was referred solely to the Committee on
Commerce.
    On May 22, 1997, the Subcommittee on Energy and Power met
in open markup session to consider H.R. 1184 and approved the
bill for Full Committee consideration, without amendment, by a
voice vote.
    On June 4, 1997, the Full Committee met in open markup
session to consider H.R. 1184 and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. The Committee on Commerce reported H.R. 1184 to the
House on June 7, 1997 (H. Rpt. 105-123).
    On June 10, 1997, the House considered H.R. 1184 under
Suspension of the Rules and passed the bill, amended, by a
voice vote. H.R. 1184 was received in the Senate on June 11,
1997, read twice, and referred to the Senate Committee on
Energy and Natural Resources.
    On October 22, 1997, the Senate Committee on Energy and
Natural Resources ordered H.R. 1184 reported to the Senate,
without amendment. The Senate Committee on Energy and Natural
Resources reported H.R. 1184 to the Senate on November 4, 1997
(S. Rpt. 105-136). On June 25, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 1184
and passed the bill, without amendment, clearing the measure
for the President.
    H.R. 1184 was presented to the President on July 8, 1998.
The President signed H.R. 1184 into law on July 14, 1998
(Public Law 105-192).

 extension of the federal power act deadline for the construction of a
        hydroelectric project located in the state of washington

                     Public Law 105-193 (H.R. 1217)

    To extend the deadline under the Federal Power Act for the
construction of a hydroelectric project located in the State of
Washington, and for other purposes.

Summary

    The purpose of H.R. 1217 is to extend the statutory
deadline for the commencement of construction of a
hydroelectric project in the State of Washington (Project No.
10359).
    Section 13 of the Federal Power Act establishes time limits
for the commencement of construction of hydroelectric projects
once the Federal Energy Regulatory Commission (FERC) has issued
a license. The licensee must begin construction not more than
two years from the date the license is issued, unless FERC
extends the deadline. Section 13 permits FERC to grant only one
two-year extension of that deadline. Therefore, a license is
subject to termination if a licensee fails to begin
construction within four years.
    H.R. 1217 directs FERC to extend the deadline for the
commencement of construction of an 8.3 megawatt hydroelectric
project (Project No. 10359) in Snohomish County, Washington
through May 4, 2002. H.R. 1217 does not ease the requirements
of a license, but merely extends the period for commencement of
construction.

Legislative History

    On March 21, 1997, Mr. Metcalf introduced H.R. 1217 in the
House. The bill was referred solely to the Committee on
Commerce.
    On May 22, 1997, the Subcommittee on Energy and Power met
in open markup session to consider H.R. 1217 and approved the
bill for Full Committee consideration, without amendment, by a
voice vote.
    On June 4, 1997, the Full Committee met in open markup
session to consider H.R. 1217 and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. The Committee on Commerce reported H.R. 1217 to the
House on June 7, 1997 (H. Rpt. 105-124).
    On June 10, 1997, the House considered H.R. 1217 under
Suspension of the Rules and passed the bill by a voice vote.
H.R. 1217 was received in the Senate on June 11, 1997, read
twice, and referred to the Senate Committee on Energy and
Natural Resources.
    On October 22, 1997, the Senate Committee on Energy and
Natural Resources ordered H.R. 1217 reported to the Senate,
without amendment. The Senate Committee on Energy and Natural
Resources reported H.R. 1217 to the Senate on November 4, 1997
(S. Rpt. 105-137). On June 25, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 1217
and passed the bill, without amendment, clearing the measure
for the President.
    H.R. 1217 was presented to the President on July 8, 1998.
The President signed H.R. 1217 into law on July 14, 1998
(Public Law 105-193).

              disposition of depleted uranium hexafluoride

                Public Law 105-204 (S. 2316, H.R. 4215)

    To require the Secretary of Energy to submit to Congress a
plan to ensure that all amounts accrued on the books of the
United States Enrichment Corporation for the disposition of
depleted uranium hexafluoride will be used to treat and recycle
depleted uranium hexafluoride.

Summary

    In the uranium enrichment process, uranium hexafluoride is
processed to separate U-235 from U-238. After processing, the
depleted uranium hexafluoride is placed in canisters for
storage and, ultimately, disposal. The Uranium Decontamination
and Decommissioning Fund was established to fund the
remediation of the gaseous diffusion plants, including
disposition of these depleted uranium hexafluoride stores.
    Under the United States Enrichment Corporation (USEC)
Privatization Act of 1996 (Public Law 104-134), all monies
generated by the sale of the Corporation and currently accrued
to the Corporation are to be deposited in the general fund of
the U.S. Treasury. USEC, at the time of its privatization,
estimated that its activities had generated depleted uranium
hexafluoride which remediation costs would total nearly $400
million since the Corporation's genesis in 1992.
    Public Law 105-204 requires the Secretary of Energy to
prepare, and the President to include in the Fiscal Year 2000
budget request, a plan and proposed legislation for the
remediation of these depleted uranium hexafluoride wastes,
prohibiting expenditures of the Corporation's assets until the
plan is complete and ensuring availability of funds for the
decontamination and decommissioning of the gaseous diffusion
facilities.

Legislative History

    S. 2316 was introduced in the Senate by Senators McConnell
and DeWine on July 15, 1998, read the first time, and placed on
the Senate Calendar. On July 16, 1998, the measure was read the
second time and laid before the Senate by unanimous consent. By
unanimous consent, the Senate then proceeded to the immediate
consideration of S. 2316 and passed the bill, amended. S. 2316
was received in the House on July 17, 1998, and held at the
desk.
    Two companion bills to S. 2316 were introduced in the
House. The first, H.R. 4215, was introduced by Representatives
Whitfield and Strickland on July 14, 1998. H.R. 4215 was
referred to the Committee on Commerce, and in addition to the
Committee on the Budget. The second companion bill, H.R. 4234,
was introduced by Representatives Whitfield, Bunning,
Strickland, and Baesler on July 15, 1998. H.R. 4234 was also
referred to the Committee on Commerce, and in addition to the
Committee on the Budget.
    On July 20, 1998, by unanimous consent, the House
considered S. 2316 and passed the bill, without amendment, by a
voice vote, clearing the measure for the President.
    On July 21, 1998, S. 2316 was presented to the President.
The President signed S. 2316 into law on July 21, 1998 (Public
Law 105-204).

  extension of the federal power act deadline for the construction of
             ferc project number 3862 in the state of iowa

                     Public Law 105-211 (H.R. 2165)

    To extend the deadline under the Federal Power Act
applicable to the construction of FERC Project Number 3862 in
the State of Iowa, and for other purposes.

Summary

    The purpose of H.R. 2165 is to extend the statutory
deadline for the commencement of construction of a
hydroelectric project in the State of Iowa (FERC Project Number
3862).
    Section 13 of the Federal Power Act establishes time limits
for the commencement of construction of hydroelectric projects
once the Federal Energy Regulatory Commission (FERC) has issued
a license. The licensee must begin construction not more than
two years from the date the license is issued, unless FERC
extends the deadline. Section 13 permits FERC to grant only one
two-year extension of that deadline. Therefore, a license is
subject to termination if a licensee fails to begin
construction within four years.
    H.R. 2165 authorizes FERC to extend the deadline for the
commencement of construction of a 27 megawatt hydroelectric
project (Project No. 3862) in Scott County, Iowa. H.R. 2165
reinstates the license and extends the deadline for up to three
additional two-year periods. H.R. 2165 does not ease the
requirements of a license, but merely extends the period for
commencement of construction.

Legislative History

    On July 15, 1997, Mr. Leach introduced H.R. 2165 in the
House. The bill was referred solely to the Committee on
Commerce.
    On September 16, 1997, the Subcommittee on Energy and Power
met in open markup session to consider H.R. 2165 and approved
the bill for Full Committee consideration, without amendment,
by a voice vote.
    On September 18, 1997, the Full Committee met in open
markup session to consider H.R. 2165 and ordered the bill
reported to the House, without amendment, by a voice vote, a
quorum being present. The Committee on Commerce reported H.R.
2165 to the House on September 26, 1997 (H. Rpt. 105-273).
    On September 29, 1997, the House considered H.R. 2165 under
Suspension of the Rules. On November 13, 1997, by unanimous
consent, the House adopted a motion to suspend the Rules and
pass H.R. 2165 in the form considered by the House on September
29, 1997. H.R. 2165 was received in the Senate on January 27,
1998, read twice, and referred to the Senate Committee on
Energy and Natural Resources.
    On June 24, 1998, the Senate Committee on Energy and
Natural Resources ordered H.R. 2165 reported to the Senate. The
Senate Committee on Energy and Natural Resources reported H.R.
2165 to the Senate on July 2, 1998 (S. Rpt. 105-237). On July
17, 1998, by unanimous consent, the Senate proceeded to the
immediate consideration of H.R. 2165 and passed the bill,
without amendment, clearing the measure for the President.
    H.R. 2165 was presented to the President on July 21, 1998.
The President signed H.R. 2165 into law on July 29, 1998
(Public Law 105-211).

  extension of the federal power act deadline for the construction of
           ferc project number 9248 in the state of colorado

                     Public Law 105-212 (H.R. 2217)

    To extend the deadline under the Federal Power Act
applicable to the construction of FERC Project Number 9248 in
the State of Colorado, and for other purposes.

Summary

    The purpose of H.R. 2217 is to extend the statutory
deadline for the commencement of construction of a
hydroelectric project in the State of Colorado (FERC Project
Number 9248).
    Section 13 of the Federal Power Act establishes time limits
for the commencement of construction of hydroelectric projects
once the Federal Energy Regulatory Commission (FERC) has issued
a license. The licensee must begin construction not more than
two years from the date the license is issued, unless FERC
extends the deadline. Section 13 permits FERC to grant only one
two-year extension of that deadline. Therefore, a license is
subject to termination if a licensee fails to begin
construction within four years.
    H.R. 2217 authorizes FERC to extend the deadline for the
commencement of construction of a 4.6 megawatt hydroelectric
project (Project No. 9248) in San Miguel County, Colorado
through January 30, 2002. H.R. 2217 does not ease the
requirements of a license, but merely extends the period for
commencement of construction.

Legislative History

    On July 22, 1997, Mr. McInnis introduced H.R. 2217 in the
House. The bill was referred solely to the Committee on
Commerce.
    On April 22, 1998, the Subcommittee on Energy and Power met
in open markup session to consider H.R. 2217 and approved the
bill for Full Committee consideration, without amendment, by a
voice vote.
    On April 29, 1998, the Full Committee met in open markup
session to consider H.R. 2217 and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. The Committee on Commerce reported H.R. 2217 to the
House on May 6, 1998 (H. Rpt. 105-509).
    On May 12, 1998, the House considered H.R. 2217 under
Suspension of the Rules and passed the bill by a voice vote.
H.R. 2217 was received in the Senate on May 13, 1998, read
twice, and referred to the Senate Committee on Energy and
Natural Resources.
    On June 24, 1998, the Senate Committee on Energy and
Natural Resources ordered H.R. 2217 reported to the Senate,
without amendment. The Senate Committee on Energy and Natural
Resources reported H.R. 2217 to the Senate on July 2, 1998 (S.
Rpt. 105-238). On July 17, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 2217
and passed the bill, without amendment, clearing the measure
for the President.
    H.R. 2217 was presented to the President on July 21, 1998.
The President signed H.R. 2217 into law on July 29, 1998
(Public Law 105-212).

   extension of time for the construction of a hydroelectric project

                     Public Law 105-213 (H.R. 2841)

    To extend the time required for the construction of a
hydroelectric project.

Summary

    The purpose of H.R. 2841 is to extend the statutory
deadline for the commencement of construction of a
hydroelectric project in the State of Kentucky (Project No.
10395).
    Section 13 of the Federal Power Act establishes time limits
for the commencement of construction of hydroelectric projects
once the Federal Energy Regulatory Commission (FERC) has issued
a license. The licensee must begin construction not more than
two years from the date the license is issued, unless FERC
extends the deadline. Section 13 permits FERC to grant only one
two-year extension of that deadline. Therefore, a license is
subject to termination if a licensee fails to begin
construction within four years.
    H.R. 2841 authorizes FERC to extend the deadline for the
commencement of construction of a 35 megawatt hydroelectric
project (Project No. 10395) in Bracken County, Kentucky for up
to three additional two-year periods. H.R. 2841 does not ease
the requirements of a license, but merely extends the period
for commencement of construction.

Legislative History

    On November 6, 1997, Mr. Bunning introduced H.R. 2841 in
the House. The bill was referred solely to the Committee on
Commerce.
    On April 22, 1998, the Subcommittee on Energy and Power met
in open markup session to consider H.R. 2841 and approved the
bill for Full Committee consideration, without amendment, by a
voice vote.
    On April 29, 1998, the Full Committee met in open markup
session to consider H.R. 2841 and ordered the bill reported to
the House, without amendment, by a voice vote, a quorum being
present. The Committee on Commerce reported H.R. 2841 to the
House on May 6, 1998 (H. Rpt. 105-510).
    On May 12, 1998, the House considered H.R. 2841 under
Suspension of the Rules and passed the bill by a voice vote.
H.R. 2841 was received in the Senate on May 13, 1998, read
twice, and referred to the Senate Committee on Energy and
Natural Resources.
    On June 24, 1998, the Senate Committee on Energy and
Natural Resources ordered H.R. 2841 reported to the Senate,
without amendment. The Senate Committee on Energy and Natural
Resources reported H.R. 2841 to the Senate on July 2, 1998 (S.
Rpt. 105-239). On July 17, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 2841
and passed the bill, without amendment, clearing the measure
for the President.
    H.R. 2841 was presented to the President on July 21, 1998.
The President signed H.R. 2841 into law on July 29, 1998
(Public Law 105-213).

     texas low-level radioactive waste disposal compact consent act

                 Public Law 105-236 (H.R. 629, S. 270)

    To grant the consent of the Congress to the Texas Low-Level
Radioactive Waste Disposal Compact.

Summary

    H.R. 629 grants the consent of the Congress to the Texas
Low-Level Radioactive Waste Disposal Compact, which is
comprised of the States of Texas, Maine, and Vermont. These
States have entered into the Compact in fulfillment of their
responsibilities under the Low-Level Radioactive Waste Policy
Act (Public Law 96-573) to develop facilities for the disposal
of low-level radioactive waste generated within their borders.
The measure is a free-standing piece of legislation and does
not amend any existing Federal statute.
    The Texas Low-Level Radioactive Waste Disposal Compact has
been approved by the State legislatures and Governors of Texas,
Maine, and Vermont. The compact specifies that the State of
Texas will host the disposal facility and provides that no low-
level radioactive waste may be exported from or imported to the
regional facility except with the approval of the governing
commission of the compact. As allowed under the Low-Level
Radioactive Waste Policy Act, the Compact permits the State of
Texas to limit access to the disposal facility to those States
involved in the Compact after such time as Congress, by law,
consents to the Compact.

Legislative History

    H.R. 629 was introduced by in the House by Mr. Barton and
21 cosponsors on February 6, 1997. The bill was referred solely
to the Committee on Commerce.
    On May 13, 1997, the Subcommittee on Energy and Power held
a legislative hearing on H.R. 629. Witnesses included Members
of Congress from the State of Texas, representatives from the
States of Texas and Maine, and private citizens from the State
of Texas.
    Immediately following the hearing on May 13, 1997, the
Subcommittee on Energy and Power met in open markup session to
consider H.R. 629 and approved the bill for Full Committee
consideration, without amendment, by a voice vote.
    The Full Committee met in open markup session to consider
H.R. 629 on June 25, 1997, and ordered the bill reported to the
House, without amendment, by a voice vote. The Committee on
Commerce reported H.R. 629 to the House on July 15, 1997 (H.
Rpt. 105-181).
    On October 6, 1997, the Committee on Rules met and granted
a rule providing for the consideration of H.R. 629. The rule
was filed in the House as H. Res. 258. The House passed H. Res.
258 on October 7, 1998, by a voice vote. The House considered
H.R. 629 on October 7, 1997, and passed the bill amended, by a
roll call vote of 309 yeas to 107 nays. On October 8, 1997,
H.R. 629 was received in the Senate, read twice, and placed on
the Senate Calendar.
    S. 270, a companion bill, was introduced in the Senate by
Ms. Snowe and three cosponsors on February 5, 1997, read twice,
and referred to the Senate Committee on the Judiciary. On March
20, 1997, the Senate Committee on the Judiciary ordered S. 270
reported to the Senate, without amendment. The Senate Committee
on the Judiciary reported S. 270 to the Senate on March 20,
1997 (No Written Report). No further action was taken on S. 270
in the 105th Congress.
    On April 1, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of H.R. 629 and passed
the bill, amended. H.R. 629 was returned to the House on April
21, 1998.
    On May 12, 1998, the House disagreed to the Senate
amendment, requested a conference with the Senate and appointed
conferees. H.R. 629 was returned to the Senate on May 13, 1998.
On June 15, 1998, the Senate insisted on its amendment, agreed
to a conference with the House, and appointed conferees. The
Senate also agreed, by unanimous consent, to a motion to
instruct Senate conferees to include the Wellstone amendments
in any conference agreement. The conference report was filed in
the House on July 16, 1998 (H. Rpt. 105-630).
    On July 16, 1998, the Committee on Rules met and granted a
rule providing for the consideration of the conference report.
The rule was filed in the House as H. Res. 511. On July 29,
1998, the House passed H. Res. 511 by a roll call vote of 313
yeas to 108 nays.The House then considered the conference
report on H.R. 629 and agreed to the conference report by a
roll call vote of 305 yeas to 117 nays.
    On September 1, 1998, by unanimous consent, the Senate
began consideration of the conference report on H.R. 629. On
September 2, 1998, the Senate agreed to the conference report
by a roll call vote of 78 yeas to 15 nays, clearing the measure
for the President.
    H.R. 629 was presented to the President on September 10,
1998. The President signed H.R. 629 into law on September 20,
1998 (Public Law 105-236).

 strom thurmond national defense authorization act for fiscal year 1999

            Public Law 105-261 (H.R. 3616, S. 2057, S. 2060)

                      (Energy Related Provisions)

    To authorize appropriations for fiscal year 1999 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

    Public Law 105-261 includes a number of provisions which
fall within the jurisdiction of the Committee on Commerce,
including several provisions dealing with energy related
issues. Members of the Committee on Commerce were appointed as
conferees on these provisions and participated in the
conference negotiations which led to the agreements contained
in H.R. 3616.
    Section 3134 of the Public Law provides for licensing by
the Nuclear Regulatory Commission (NRC) of any facility
constructed by the Department of Energy (DOE) for the
fabrication of mixed plutonium-uranium oxide fuel for use in
commercial nuclear reactors. Conferees from the Committee on
Commerce supported inclusion of the language.
    Section 3137 of the Public Law provides an alternative
means of cost recovery for Department of Energy research and
overhead expenses conducted on behalf of other Federal
departments and agencies, State and local government agencies,
and private persons and entities. The language is intended to
simplify the process by which cost recovery is conducted, and
its inclusion was supported by conferees from the Committee on
Commerce.
    Section 3139 of the Public Law establishes an Office of
River Protection (ORP) at the Hanford site to provide specific
management for the Tank Waste Remediation System privatization.
The manager of the ORP will be directly responsible to DOE
Headquarters for the project, in coordination with the Hanford
Site Manager. Conferees from the Committee on Commerce
supported the language's inclusion.
    Section 3144 of the Public Law amends the Atomic Energy Act
of 1954 to specifically prohibit the use of tritium produced in
facilities licensed under the Act for nuclear explosive
purposes.
    Section 3151 of the Public Law provides for a phase out of
worker and community transition assistance with respect to
defense nuclear facilities by October 2000. The section also
provides that such assistance remain in place for workers
affected by any shutdown of the gaseous diffusion facilities,
as provided by the USEC Privatization Act of 1996. Conferees
from the Committee on Commerce were involved in the drafting of
this language.
    Section 3152 of the Public Law extends the authority for
the appointment of certain scientific, engineering, and
technical personnel for the Department of Energy. This will
allow the Department to continue the hiring of qualified
professionals without regard to the provisions governing the
appointments in the competitive service, and General Schedule
classification schedules and pay rates contained in title 5,
United States Code. Conferees from the Committee on Commerce
supported the inclusion of this section.
    Section 3155 of the Public Law provides for an increase in
the rate of pay for scientific, engineering, and technical
personnel responsible for safety at defense nuclear facilities.
Conferees from the Committee on Commerce supported the
inclusion of this section.
    Section 3201 of the Public Law authorizes the activities of
the Defense Nuclear Facilities Safety Board. Conferees from the
Committee on Commerce supported the inclusion of this section.
    Sections 3401-3406 of the Public Law provide for the
disposal of portions of the Naval Petroleum Reserve and the
transfer of ``administrative jurisdiction'' over portions of
the Naval Petroleum and Oil Shale Reserves to the Secretary of
the Interior.

Legislative History

    H.R. 3616 was introduced in the House by Representatives
Spence and Skelton on April 1, 1998, and referred solely to the
Committee on National Security. The Committee on National
Security met to consider H.R. 3616 on May 6, 1998, and ordered
the bill reported to the House, amended, by a voice vote. On
May 12, 1998, the Committee on National Security reported H.R.
3616 to the House (H. Rpt. 105-532).
    The Committee on Rules met on May 14, 1998, and granted a
rule providing for the consideration of H.R. 3616. The rule was
filed in the House as H. Res. 435. On May 19, 1998, the House
passed H. Res. 435 by a voice vote. On May 19, 1998, the
Committee on Rules met and granted a second rule providing for
the further consideration of H.R. 3616. The rule was filed in
the House as H. Res. 441. On May 20, 1998, the House passed H.
Res. 441 by a roll call vote of 304 yeas to 108 nays.
    The House considered H.R. 3616 on May 19, May 20, and May
21, 1998; and on May 21, 1998, passed the bill, amended, by a
roll call vote of 357 yeas to 60 nays. On May 22, 1998, H.R.
3616 was received in the Senate, read twice, and placed on the
Senate Calendar.
    On May 11, 1998, the Senate Committee on Armed Services
reported an original measure to the Senate, which was
introduced in the Senate by Mr. Thurmond as S. 2060 and placed
on the Senate Calendar (S. Rpt. 105-189). On May 11, 1998, the
Senate Committee on Armed Services reported an original measure
to the Senate, which was introduced in the Senate by Mr.
Thurmond as S. 2057 and placed on the Senate Calendar (No
Written Report).
    The Senate considered S. 2057 on May 13, May 14, June 18,
June 19, June 22, June 23, June 24, and June 25, 1998. On June
25, 1998, the Senate passed S. 2057, amended, by a roll call
vote of 88 yeas to 4 nays. S. 2057 was received in the House on
July 20, 1998, and held at the desk. On October 21, 1998, S.
2057 was referred to the House Committee on National Security.
No further action was taken on S. 2057 in the 105th Congress.
    On June 25, 1998, the Senate, by unanimous consent, took
H.R. 3616 from the Senate Calendar and passed the bill, amended
with the text of S. 2057 as passed by the Senate. The Senate
insisted on its amendment to H.R. 3616, requested a conference
with the House, and appointed conferees.
    On July 22, 1998, the House disagreed to the Senate
amendment to H.R. 3616, agreed to a conference with the Senate,
and appointed conferees. Members of the Committee on Commerce
were appointed as conferees. On July 22, and July 23, 1998, the
House considered a motion to instruct the conferees. On July
23, 1998, the House agreed to a motion to instruct the
conferees by a roll call vote of 424 yeas to 0 nays, with 1
voting present. The House also agreed to a motion to close
portions of the conference by a roll call vote of 412 yeas to 5
nays.
    The conference report on H.R. 3616 was filed in the House
on September 22, 1998 (H. Rpt. 105-736).
    The Committee on Rules met on September 23, 1998, and
granted a rule providing for the consideration of the
conference report on H.R. 3616. The rule was filed in the House
as H. Res. 549. On September 24, 1998, the House passed H. Res.
549 by a voice vote.
    The House agreed to the conference report by a roll call
vote of 373 yeas to 50 nays on September 24, 1998. The Senate
considered the conference report on September 30, and October
1, 1998; and on October 1, 1998, the Senate agreed to the
conference report by a roll call vote of 96 yeas to 2 nays.
    H.R. 3616 was presented to the President on October 6,
1998. The President signed H.R. 3616 into law on October 17,
1998 (Public Law 105-261).

     extension of the federal power act deadline applicable to the
    construction of a hydroelectric project in the state of arkansas

                     Public Law 105-283 (H.R. 4081)

    To extend the deadline under the Federal Power Act
applicable to the construction of a hydroelectric project in
the State of Arkansas.

Summary

    The purpose of H.R. 4081 is to extend the statutory
deadline for the commencement of construction of a
hydroelectric project in the State of Arkansas (Project No.
10455).
    Section 13 of the Federal Power Act establishes time limits
for the commencement of construction of hydroelectric projects
once the Federal Energy Regulatory Commission (FERC) has issued
a license. The licensee must begin construction not more than
two years from the date the license is issued, unless FERC
extends the deadline. Section 13 permits FERC to grant only one
two-year extension of that deadline. Therefore, a license is
subject to termination if a licensee fails to begin
construction within four years.
    H.R. 4081 authorizes the FERC to extend the deadline for
the commencement of construction for a 600 megawatt
hydroelectric project (Project No. 10455) in Logan County,
Arkansas for up to three additional two-year periods. H.R. 4081
does not ease the requirements of a license, but merely extends
the period for commencement of construction.

Legislative History

    On June 18, 1998, Mr. Hutchinson introduced H.R. 4081 in
the House. The bill was referred solely to the Committee on
Commerce.
    On September 17, 1998, the Subcommittee on Energy and Power
met in open markup session to consider H.R. 4081 and approved
the bill for Full Committee consideration, without amendment,
by a voice vote.
    On September 24, 1998, the Full Committee met in open
markup session to consider H.R. 4081 and ordered the bill
reported to the House, without amendment, by a voice vote, a
quorum being present. The Committee on Commerce reported H.R.
4081 to the House on September 25, 1998 (H. Rpt. 105-748).
    On September 28, 1998, the House considered H.R. 4081 under
Suspension of the Rules and passed the bill by a voice vote.
H.R. 4081 was received in the Senate on October 1, 1998, and
read twice. On October 7, 1998, by unanimous consent, the
Senate proceeded to the immediate consideration of H.R. 4081
and passed the bill, without amendment, clearing the measure
for the President.
    H.R. 4081 was presented to the President on October 14,
1998. The President signed H.R. 4081 into law on October 26,
1998 (Public Law 105-283).

 community opportunities, accountability, and training and educational
services act or 1998 or the coats human services reauthorization act of
                                  1998

                Public Law 105-285 (S. 2206, H.R. 4271)

    To amend the Head Start Act, the Low-Income Home Energy
Assistance Act of 1981, and the Community Services Block Grant
Act to reauthorize and make improvements to those Acts, to
establish demonstration projects that provide an opportunity
for persons with limited means to accumulate assets, and for
other purposes.

Summary

    Title III of Public Law 105-285 reauthorizes and amends the
Low Income Home Energy Assistance Act of 1981 (LIHEAP). The
amendments (1) reauthorize LIHEAP program through Fiscal Year
2004; (2) improve the ability of the President to release
contingency funds in the event of natural disasters and
emergencies by clarifying the criteria for release of these
funds; (3) reauthorize the leveraging program through Fiscal
Year 2004, capped at the annual level of $30 million; (4)
disallow transfer of LIHEAP funds to other Federal block grant
programs; and (5) require the General Accounting Office to
evaluate the Residential Energy Assistance Challenge Option
program (REACH).

Legislative History

    On June 23, 1998, Mr. Coats and three cosponsors introduced
S. 2206 in the Senate. The bill was read twice and referred to
the Senate Committee on Labor and Human Resources. The Senate
Committee on Labor and Human Resources considered S. 2206 on
June 24, 1998, and ordered the bill reported to the Senate,
with an amendment in the nature of a substitute. The Senate
Committee on Labor and Human Resources reported S. 2206 to the
Senate on July 21, 1998 (S. Rpt. 105-256). On July 27, 1998, by
unanimous consent, the Senate proceeded to the immediate
consideration of S. 2206, and passed the bill with an
amendment. S. 2206 was received in the House on July 28, 1998,
and held at the desk.
    H.R. 4271, a companion bill, was introduced in the House on
July 17, 1998, by Mr. Riggs and four cosponsors. The bill was
referred solely to the Committee on Education and the
Workforce. The Committee on Education and the Workforce
considered H.R. 4271 on July 29, 1998, and ordered the bill
reported to the House, amended, by a voice vote. On August 6,
1998, the Chairman of the Committee on Commerce sent a letter
to the Chairman of the Committee on Education and the Workforce
indicating that H.R. 4271, as ordered reported, included
provisions within the jurisdiction of the Commerce Committee.
The Chairman further stated that, in order to expedite
consideration, of this measure by the House, the Committee on
Commerce would not seek a sequential referral of H.R. 4271,
provided such action would not prejudice the Commerce
Committee's future jurisdictional interests in the legislation.
The Committee on Education and the Workforce reported H.R. 4271
to the House on August 7, 1998 (H. Rpt. 105-686). No further
action was taken on H.R. 4271 in the 105th Congress.
    The House considered S. 2206 under Suspension of the Rules
on September 14, 1998, and passed the bill with an amendment
which included provisions of H.R. 4271, as reported to the
House by the Committee on Education and the Workforce, by a
roll call vote of 346 yeas to 20 nays. On September 15, 1998,
S. 2206 was returned to the Senate.
    On September 18, 1998, the Senate disagreed with the House
amendment to S. 2206, requested a conference with the House,
and appointed conferees. On September 24, 1998, the House
insisted on its amendment to S. 2206, agreed to a conference
with the Senate, and appointed conferees. On September 29,
1998, the Chairman of the Committee on Commerce sent a letter
to the Speaker indicated that the Committee on Commerce would
waive its right to seek conferees for the House-Senate
conference on S. 2206 in order to expedite consideration of
this legislation, provided such action would not prejudice the
Committee's jurisdictional interests or prerogatives in the
future on LIHEAP or related legislation. The conference report
on S. 2206 was filed in the House on October 6, 1998 (H. Rpt.
105-788).
    On October 8, 1998, by unanimous consent, the Senate
proceeded to the immediate consideration of the conference
report and agreed to the conference report. On October 9, 1998,
the House considered the conference report under Suspension of
the Rules, and agreed to the conference report by a voice vote.
    S. 2206 was presented to the President on October 15, 1998.
The President signed S. 2206 into law on October 27, 1998
(Public Law 105-285).

       glacier bay national park boundary adjustment act of 1998

                     Public Law 105-317 (H.R. 3903)

    To provide for an exchange of lands located near Gustavus,
Alaska, and for other purposes.

Summary

    The purpose of H.R. 3903 is to authorize a land exchange
between the State of Alaska and the United States to facilitate
the construction and operation of a small hydroelectric project
near Gustavus, Alaska. H.R. 3903 makes development of the
hydroelectric facility possible through an equal value land
exchange between the United States and the State of Alaska.
Under the Act, this exchange (and construction of the
hydroelectric project) is subject to certain conditions. These
conditions include: (1) a finding by the Federal Energy
Regulatory Commission (FERC) that the proposed project will
have no adverse impact on the purposes and values of Glacier
Bay National Park; and (2) FERC issuance of a license for the
facility.

Legislative History

    On May 19, 1998, Mr. Young of Alaska introduced H.R. 3903
in the House. The bill was referred to the Committee on
Resources, and in addition to the Committee on Commerce. Within
the Committee on Commerce, the bill was referred to the
Subcommittee on Energy and Power.
    The Committee on Resources considered H.R. 3903 on July 22,
1998, and ordered the bill reported to the House, amended, by a
voice vote.
    During the Resources Committee's consideration of H.R.
3903, the Committee on Commerce worked with the Resources
Committee to address the Commerce Committee's concerns with the
bill. As a result of these negotiations, an agreement was
reached on a manager's amendment which would be offered on the
House Floor. On September 8, 1998, the Chairman of the
Committee on Commerce sent a letter to the Chairman of the
Committee on Resources indicating that, based on the agreement
reached between the two Committees, and in order to expedite
consideration of this measure by the House, the Committee on
Commerce would not seek an extension of its referral of H.R.
3903, provided such action would not prejudice the Commerce
Committee's future jurisdictional interests in the legislation.
    On September 9, 1998, the Chairman of the Committee on
Resources sent a letter to the Chairman of the Committee on
Commerce confirming the agreement reached between the two
Committees on H.R. 3903 and acknowledging the Commerce
Committee's jurisdictional concerns and prerogatives with
respect to this bill.
    The Committee on Resources reported H.R. 3903 to the House
on September 11, 1998 (H. Rpt. 105-706, Part 1). On September
11, 1998, the referral of H.R. 3903 to the Committee on
Commerce was extended for a period ending not later than
September 11, 1998. On September 11, 1998, the Committee on
Commerce was discharged from further consideration of H.R.
3903.
    The House considered H.R. 3903 under Suspension of the
Rules on September 15, 1998, and passed the bill, amended, by a
voice vote. On September 15, 1998, H.R. 3903 was received in
the Senate, read twice, and placed on the Senate Calendar.
    On October 2, 1998, by unanimous consent, the Senate
proceed to the immediate consideration of H.R. 3903, and passed
the bill without amendment. On October 8, 1998, by unanimous
consent, the Senate vitiated the passage of H.R. 3903 which
occurred on October 2, 1998. The Senate then proceeded, by
unanimous consent, to reconsider H.R. 3903, and passed the
bill, amended, on October 8, 1998. H.R. 3903 was returned to
the House on October 9, 1998, and held at the desk.
    On October 10, 1998, by unanimous consent, the House took
H.R. 3903 from the desk and agreed to the Senate amendment to
H.R. 3903, clearing the measure for the President.
    H.R. 3903 was presented to the President on October 20,
1998. The President signed H.R. 3903 into law on October 30,
1998 (Public Law 105-317).

            energy conservation reauthorization act of 1998

                 Public Law 105-388 (S. 417, H.R. 4017)

    To extend certain programs under the Energy Policy and
Conservation Act and the Energy Conservation and Production
Act, and for other purposes.

Summary

    Section 1 of Public Law 105-388 provides a short title.
Section 2 extends energy conservation programs authorized by
the Energy Policy and Conservation Act. Section 3 extends an
energy conservation program authorized by the Energy
Conservation and Production Act. Section 4 expands use of
energy savings performance contracts by Federal agencies.
Section 5 makes technical changes to the Energy Policy and
Conservation Act, Energy Conservation and Production Act, and
National Energy Conservation Policy Act, correcting spelling
errors, punctuation errors, and other errors. Section 6
restores the authority of the President to allocate materials
and equipment in order to maximize domestic energy supplies
under certain circumstances. Section 7 promotes the use of
biodiesel fuel by providing credits for use of biodiesel fuel
by fleets and covered persons to offset their obligation to
purchase alternative fueled vehicles established by the Energy
Policy Act of 1992. Section 8 amends the Energy Policy Act of
1992 to require Federal agencies to report on their compliance
with the alternative fueled vehicle purchase requirements in
the Act and in Executive Order 13031. Section 9 provides for
access by the State of Hawaii to petroleum from the Strategic
Petroleum Reserve in the event of a drawdown. Section 10
reauthorizes an Indian energy resource development program in
the Energy Policy Act of 1992. Section 11 amends the Energy
Policy Act of 1992 to provide additional funds for cleanup of
contaminated thorium sites.

Legislative History

    On March 10, 1997, Mr. Murkowski introduced S. 417 in the
Senate. The bill was read twice and referred to the Senate
Committee on Energy and Natural Resources. On May 21, 1997, the
Senate Committee on Energy and Natural Resources ordered S. 417
reported to the Senate, amended. On June 11, 1997, the Senate
Committee on Energy and Natural Resources reported S. 417 to
the Senate (S. Rpt. 105-25). On June 27, 1997, the Senate, by
unanimous consent, proceeded to the immediate consideration of
S. 417, and passed the bill. S. 417 was received in the House
on July 8, 1997, and held at the desk.
    On September 16, 1997, the Subcommittee on Energy and Power
held a hearing on H.R. 2472 which also addressed energy
conservation and export promotion programs authorized by the
Energy Policy and Conservation Act and the Energy Conservation
and Production Act and proposed amendments to the National
Energy Conservation Policy Act.
    On June 9, 1998, Mr. Dan Schaefer introduced H.R. 4017 in
the House. The bill was referred solely to the Committee on
Commerce.
    The Subcommittee on Energy and Power met in open markup
session to consider H.R. 4017 on June 11, 1998, and the bill
was approved for Full Committee consideration, without
amendment, by a voice vote.
    The Full Committee met in open markup session to consider
H.R. 4017 on August 5, 1998, and ordered the bill reported to
the House, amended, by a voice vote. The Committee on Commerce
reported H.R. 4017 to the House on September 17, 1998 (H. Rpt.
105-727). As reported to the House, H.R. 4017 included
legislative language representing a substitute for the text of
H.R. 2658, the Energy Policy Act Amendments of 1997. For the
legislative history of that bill, see the discussion of H.R.
2568 in this section.
    On September 28, 1998, the House considered H.R. 4017 under
Suspension of the Rules, and passed the bill, amended, by a
voice vote. On September 28, 1998, by unanimous consent, the
House took S. 417 from the desk and passed the bill after
striking all after the enacting clause and inserting the text
of H.R. 4017, as passed by the House. The House also amended
the title of the Senate bill. H.R. 4017 was then laid on the
table.
    S. 417 was returned to the Senate on October 1, 1998. On
October 8, 1998, by unanimous consent, the Senate concurred in
the House amendments to S. 417 with a further amendment. On
October 9, 1998, S. 417 was returned to the House. On October
15, 1998, the House, under Suspension of the Rules, agreed to
the Senate amendment to the House amendments to S. 417 by a
voice vote, clearing the measure for the President.
    S. 417 was presented to the President on November 2, 1998.
The President signed S. 417 into law on November 13, 1998
(Public Law 105-388).

                    nuclear waste policy act of 1997

                          (H.R. 1270, S. 104)

    To amend the Nuclear Waste Policy Act of 1982.

Summary

    The purpose of H.R. 1270 is to revamp the nation's current
nuclear waste disposal policy. This is accomplished by
establishing an integrated management system for the
transportation, storage, and disposal of high-level radioactive
waste and spent nuclear fuel.
    H.R. 1270 replaces the Nuclear Waste Policy Act of 1982
(Public Law 97-425 and amendments of Public Law 100-202 and
Public Law 100-203), and sets forth three primary goals: (1)
maintenance of a strong commitment to the permanent repository
program, which would provide a site for final disposal of U.S.
spent nuclear fuel and high-level radioactive defense waste;
(2) construction of an interim storage facility for spent
nuclear fuel near the Yucca Mountain, Nevada, site, in order to
fulfill the Department of Energy's obligation to begin
accepting spent nuclear fuel in 1998; and (3) replacement of
the current Nuclear Waste Fund financing mechanism with an
annual fee based on the level of spending for waste disposal
activities to eliminate further diversions of the current Fund
for non-nuclear waste disposal policy activities.

Legislative History

    Mr. Upton and 58 cosponsors introduced H.R. 1270 on April
10, 1997. The measure was referred to the Committee on
Commerce, and in addition to the Committee on Resources and the
Committee on Transportation and Infrastructure.
    The Subcommittee on Energy and Power held a legislative
hearing on H.R. 1270 on April 29, 1997. Witnesses included
Members of Congress; representatives from the Department of
Energy, the Nuclear Regulatory Commission, and the Nuclear
Waste Technical Review Board; State and local government
representatives, and representatives from nuclear utilities and
the environmental community.
    On July 31, 1997, the Subcommittee on Energy and Power met
in open mark-up session to consider H.R. 1270, and approved the
bill for Full Committee consideration, amended, by a roll call
vote of 21 yeas to 3 nays.
    The Full Committee met on September 18, 1997, in open
markup session to consider H.R. 1270, and ordered the measure
reported to the House, amended, by a roll call vote of 43 yeas
to 3 nays. On October 1, 1997, the Committee on Commerce
reported H.R. 1270 to the House (H. Rpt. 105-290, Part 1). On
October 1, 1997, the referral of H.R. 1270 to the Committee on
Transportation and Infrastructure was extended for a period
ending not later than October 1, 1997. On October 1, 1997, the
Committee on Transportation and Infrastructure was discharged
from further consideration of H.R. 1270.
    On October 1, 1997, the referral of H.R. 1270 to the
Committee on Resources was extended for a period ending not
later than October 21, 1997. The Committee on Resources met on
October 8, 1997, in open markup session to consider H.R. 1270,
and ordered the measure reported to the House unfavorably,
amended, by a voice vote. On October 21, 1997, the Committee on
Resources reported H.R. 1270 to the House (H. Rpt. 105-290,
Part 2).
    On October 24, 1997, the Committee on Rules met and granted
a rule providing for the consideration of H.R. 1270. The rule
was filed in the House as H. Res. 280. On October 28, 1997, the
Committee on Rules met and granted a second rule providing for
the consideration of H.R. 1270. The second rule was filed in
the House as H. Res. 283. On October 29, 1997, the House passed
H. Res. 283 by a roll call vote of 259 yeas to 155 nays.
    The House considered H.R. 1270 on October 29 and October
30, 1997, and on October 30, 1997, passed the bill, amended, by
a roll call vote of 307 yeas to 120 nays.
    On October 31, 1997, the House passed H. Res. 288 by a roll
call vote of 214 yeas to 198 nays. H. Res. 288, a resolution
providing for the consideration of H.R. 2476, included a
provision which laid H. Res. 280 on the table.
    On February 23, 1998, H.R. 1270 was received in the Senate,
read twice, and placed on the Senate Calendar.
    On May 22, 1998, an objection was heard to a unanimous
consent request for the Senate to proceed to the consideration
of H.R. 1270. A motion to proceed to the consideration of H.R.
1270 was then made in the Senate, a cloture motion to close
debate on the motion to proceed to the consideration of H.R.
1270 was presented in the Senate, and a vote on the cloture
motion was scheduled for June 2, 1998. The motion to proceed to
the consideration of H.R. 1270 was then withdrawn on May 22,
1998, On June 2, 1998, by a roll call vote of 56 yeas to 39
nays, the Senate failed to close further debate on the motion
to proceed to the consideration of H.R. 1270. No further action
on H.R. 1270 was taken by the Senate in the 105th Congress.
    S. 104, a similar bill, was introduced in the Senate on
January 21, 1997, by Mr. Murkowski and eighteen cosponsors. The
bill was read twice and referred to the Committee on Energy and
Natural Resources. On March 13, 1997, the Senate Committee on
Energy and Natural Resources considered S. 104 and ordered the
bill reported to the Senate, amended. On March 14, 1997, the
Senate Committee on Energy and Natural Resources reported S.
104 to the Senate (No Written Report). The Senate considered S.
104 on April 9, April 10, April 14, and April 15, 1997; and on
April 15, 1997, passed the bill amended, by a roll call vote of
65 yeas to 34 nays. On April 16, 1997, S. 104 was received in
the House and held at the desk. On March 5, 1998, the House
passed, by a voice vote, H. Res. 379, a resolution returning S.
104 to the Senate because S. 104 violated the first clause of
the seventh section of the first article of the Constitution,
which requires that all measures raising revenue originate in
the House. Because S. 104 contained provisions repealing a
present-law revenue measure and creating a user fee, S. 104
could not originate in the Senate. No further action was taken
on S. 104 in the 105th Congress.

             national oilheat research alliance act of 1998

                              (H.R. 3610)

    To authorize and facilitate a program to enhance training,
research and development, energy conservation and efficiency,
and consumer education in the oilheat industry for the benefit
of oilheat consumers and the public, and for other purposes.

Summary

    H.R. 3610 authorizes the oilheat industry to establish an
oilheat check-off fee to fund research, development, and
consumer education activities with respect to heating oil and
heating oil utilization equipment. Under the bill, the oilheat
industry is authorized to conduct a referendum among its
retailers and wholesalers for the creation of a National
Oilheat Research Alliance (NORA or the Alliance). If the
oilheat industry approves such a referendum, NORA would be
authorized to collect annual assessments from oilheat
wholesalers to cover its planning and program costs. The
Alliance would then be authorized to allocate these collected
funds to conduct research and development of oilheat
utilization equipment, to promote consumer education, and to
inform and educate the public about safety and other issues
associated with the use of oilheat.

Legislative History

    H.R. 3610 was introduced by Mr. Greenwood and 33 cosponsors
on March 31, 1998. the bill was referred solely to the
Committee on Commerce.
    The Subcommittee on Energy and Power held a legislative
hearing on H.R. 3610, the National Oilheat Research Alliance
Act of 1998, on June 16, 1998. Testimony was received from
representatives of the heating oil industry, a natural gas
distributor, and the Propane Education and Research Council.
    On September 17, 1998, the Subcommittee on Energy and Power
met in open markup session and approved H.R. 3610 for Full
Committee consideration, amended, by a voice vote. On September
24, 1998, the Full Committee met in open markup session and
ordered H.R. 3610 reported to the House, amended, by a voice
vote. On October 6, 1998, the Committee on Commerce reported
H.R. 3610 to the House (H. Rpt. 105-787, Part 1). On October 6,
1998, H.R. 3610 was referred to the Committee on Science,
sequentially, for a period ending not later than October 7,
1998. On October 7, 1998, the Committee on Science was
discharged from further consideration of H.R. 3610.
    The House considered H.R. 3610 under Suspension of the
Rules on October 10, 1998, and passed the bill by a voice vote.
    H.R. 3610 was received in the Senate on October 12, 1998.
No further action was taken by the Senate on this legislation
in the 105th Congress.

   department of energy civilian research and development act of 1997

                              (H.R. 1277)

    To authorize appropriations for fiscal year 1998 and fiscal
year 1999 for the civilian research, development,
demonstration, and commercial application activities of the
Department of Energy, and for other purposes.

Summary

    The Department of Energy (DOE) conducts a host of research
and development (R&D) activities originally intended to support
the DOE's nuclear weapons program. This R&D now also supports a
myriad of activities surrounding national energy security, such
as development of alternative fuels, renewable energy sources,
and the more environmentally-friendly use of fossil fuels.
Additionally, DOE is involved in developing medical uses for
nuclear energy, such as boron neutron capture therapy, and
basic research in areas such as molecular biology and the Human
Genome Project. Because of the immense environmental
remediation challenges it faces, the DOE also specializes in
the research and development of technologies to clean up the
unique radioactive wastes which contaminate many DOE sites.
    As reported by the Committee on Commerce, H.R. 1277
provides a specific direction for DOE by: (1) assigning DOE
specific authorization levels for many research and development
activities; (2) specifically prohibiting DOE from pursuing R&D
in several areas: and (3) in many cases, limiting the amount of
work DOE had intended to do in other areas. The bill contains
authorization for six primary areas: (1) Energy Supply Research
and Development; (2) Energy Assets Acquisition; (3) General
Science and Research; (4) Science Assets Acquisition; (5)
Fossil Energy Research and Development; and (6) Energy
Conservation Research and Development.

Legislative History

    H.R. 1277 was introduced in the House by Mr. Calvert on
April 10, 1997. The bill was referred solely to the Committee
on Science.
    On April 16, 1997, the Committee on Science considered H.R.
1277 and ordered the bill reported to the House, amended, by a
voice vote. On April 22, 1997, the Committee on Science
reported H.R. 1277 to the House (H. Rpt. 105-67, Part 1). On
April 22, 1997, H.R. 1277 was referred to the Committee on
Commerce, sequentially, for a period ending not later than June
6, 1997.
    The Subcommittee on Energy and Power held a legislative
hearing on H.R. 1277 on May 20, 1997. A representative from the
Department of Energy was the sole witness.
    On May 22, 1997, the Subcommittee met in open markup
session to consider H.R. 1277, and approved the bill, amended,
for Full Committee consideration by a voice vote.
    The Full Committee met in open markup session on June 4,
1997, to consider H.R. 1277, and ordered the bill reported to
the House, amended, by a voice vote. On June 5, 1997, the
referral of H.R. 1277 to the Committee on Commerce was extended
for a period ending not later than June 9, 1997. On June 9,
1997, the Committee on Commerce reported H.R. 1277 to the House
(H. Rpt. 105-67, Part 2).
    No further action was taken on H.R. 1277 in the 105th
Congress.

            electric consumers' power to choose act of 1997

                               (H.R. 655)

    To give all American electricity consumers the right to
choose among competitive providers of electricity, in order to
secure lower electricity rates, higher quality services, and a
more robust United States economy, and for other purposes.

Summary

    H.R. 655 requires all States and public power entities to
allow retail competition in electricity by December 15, 2000.
If any State or municipal utility elects not to move to retail
competition, the bill empowers the Federal Energy Regulatory
Commission (FERC) to put in place a retail competition plan for
such State or municipal utility. H.R. 655 authorizes
competition in all retail services, including billing and
metering. The bill requires States enacting retail competition
plans to consider whether or not to impose fees for stranded
costs and to consider issues related environmental impacts,
universal service and reliability.
    The bill also directs FERC to establish a program to issue
Renewable Energy Credits to electric generators, providing for
their sale or exchange. Under this program each electric
generator selling electric energy after December 31, 2000, is
required to submit Renewable Energy Credits to FERC in an
amount equal to the required annual percentage (determined
according to a specified schedule) of the total electric energy
it generated in the preceding calendar year.
    H.R. 655 also declares that the Public Utility Holding
Company Act of 1935 shall cease to apply to any gas or electric
utility company (including its respective holding company) when
each State in which such company provides retail distribution
service notifies FERC and the Securities and Exchange
Commission of its determination that the pertinent retail
customers are able to purchase such services at retail from any
supplier on a competitively neutral and nondiscriminatory
basis.
    Finally, H.R. 655 amends the Public Utility Regulatory
Policies Act of 1978 to declare that its requirements that
electric utilities offer to purchase electric energy from
qualifying cogeneration and small power production facilities
at specified costs shall cease to apply to an electric utility
if the State notifies FERC of its determination that the
utility's retail customers are able to purchase retail electric
energy services from any supplier on a competitively neutral
and nondiscriminatory basis.

Legislative History

    Mr. Dan Schaefer introduced H.R. 655 in the House on
February 10, 1997. The bill was referred solely to the
Committee on Commerce.
    On October 21 and 22, 1997, the Subcommittee on Energy and
Power held legislative hearings on H.R. 655 and several other
electric utility restructuring proposals. Witnesses included
representatives from nearly every sector of the electric
utility industry: investor-owned, municipal and cooperative
utilities, electricity marketers and independent power
producers, as well as State regulators and large and small
consumers.
    No further action was taken on H.R. 655 in the 105th
Congress.

                  consumers electric power act of 1997

                              (H.R. 1230)

    To give all American electricity consumers the right to
choose among competitive providers of electricity in order to
secure lower electricity rates, higher quality services, and a
more robust United States economy, and for other purposes.

Summary

    H.R. 1230 provides for retail competition in electricity by
January 1, 1999. Specifically, the bill declares that each
person has the right to purchase electric service from any
electric service provider. It also prohibits the imposition of
exit fees or any other type of ``protection'' from competition
for utilities. The bill also empowers the Federal Energy
Regulatory Commission (FERC) to provide for nondiscriminatory
access to transmission and distribution and to ensure that
existing utilities cannot exercise market power (including the
authority to order divestiture or other actions necessary to
mitigate market power). Finally H.R. 1230 repeals the Public
Utility Holding Company Act of 1935 and Section 210 of the
Public Utility Regulatory Policies Act of 1978 when States
determine that consumers have choice, but does not abrogate
contracts entered into before the date of enactment.

Legislative History

    H.R. 1230 was introduced in the House by Mr. DeLay on April
8, 1997. The bill was referred solely to the Committee on
Commerce.
    On October 21 and 22, 1997, the Subcommittee on Energy and
Power held legislative hearings on H.R. 1230 and several other
electric utility restructuring proposals. Witnesses included
representatives from nearly every sector of the electric
utility industry: investor-owned, municipal and cooperative
utilities, electricity marketers and independent power
producers, as well as State regulators and large and small
consumers.
    No further action was taken on H.R. 1230 in the 105th
Congress.

                        ratepayer protection act

                               (H.R. 338)

    To prospectively repeal section 210 of the Public Utility
Regulatory Policies Act of 1978.

Summary

    H.R. 338 amends the Public Utility Regulatory Policies Act
of 1978 to repeal its mandatory purchase provisions with
respect to cogeneration and small power production facilities
placed in service after its enactment, except with respect to
power purchase contracts entered into pursuant to such
provisions which were in effect on the repeal date. The bill
also provides that after January 7, 1997, no electric utility
shall be required to enter into a new contract or obligation to
purchase or sell electric energy or capacity pursuant to the
provisions of the Public Utility Regulatory Policies Act of
1978 governing cogeneration and small power production. It also
directs the Federal Energy Regulatory Commission to promulgate
and enforce regulations to assure that utilities recover all
costs associated with contracts for electric energy or capacity
purchases from a qualifying facility executed prior to January
7, 1997.

Legislative History

    H.R. 338 was introduced in the House by Mr. Stearns and
seven cosponsors on January 7, 1997. The bill was referred
solely to the Committee on Commerce.
    On October 21 and 22, 1997, the Subcommittee on Energy and
Power held legislative hearings on H.R. 338 and several other
electric utility restructuring proposals. Witnesses included
representatives from nearly every sector of the electric
utility industry: investor-owned, municipal and cooperative
utilities, electricity marketers and independent power
producers, as well as State regulators and large and small
consumers.
    No further action was taken on H.R. 338 in the 105th
Congress.

        amendments to the public utility regulatory policies act

                              (H.R. 1359)

    To amend the Public Utility Regulatory Policies Act of 1978
to establish a means to support programs for electric energy
conservation and energy efficiency, renewable energy, and
universal and affordable service for electric consumers.

Summary

    H.R. 1359 amends the Public Utility Regulatory Policies Act
of 1978 to establish a National Electric System Public Benefits
Fund, which will be administered by the National Electric
System Public Benefits Board. The fund would provide matching
funds to States for the support of eligible public purpose
programs. Specifically, H.R. 1359 requires each electric power
generation facility owner or operator, as a condition of
transmitting power to any transmitting utility, to contribute
funds determined by the Board to be necessary to generate
revenues in each calendar year equal to one-half of the
aggregate cost of implementing certain public purpose programs.
The bill also authorizes any State to establish one or more
public purpose programs and apply for matching funds under the
Public Benefits Program. States have the discretion to elect to
participate in such Program and the program is not intended to
replace or supersede any existing programs that support or
encourage conservation and energy efficiency, renewable energy,
universal and affordable service, or research and development.

Legislative History

    H.R. 1359 was introduced in the House by Mr. DeFazio and
seven cosponsors on April 17, 1997. The bill was referred
solely to the Committee on Commerce.
    On October 21 and 22, 1997, the Subcommittee on Energy and
Power held legislative hearings on H.R. 1359 and several other
electric utility restructuring proposals. Witnesses included
representatives from nearly every sector of the electric
utility industry: investor-owned, municipal and cooperative
utilities, electricity marketers and independent power
producers, as well as State regulators and large and small
consumers.
    No further action was taken on H.R. 1359 in the 105th
Congress.

       electric power competition and consumer choice act of 1997

                              (H.R. 1960)

    To modernize the Public Utility Holding Company Act of
1935, the Federal Power Act, the Fair Packaging and Labeling
Act, and the Public Utility Regulatory Policies Act of 1978 to
promote competition in the electric power industry, and for
other purposes.

Summary

    H.R. 1960 directs States and public power providers to
consider whether they will allow consumers to choose their own
electricity supplier. It provides certain regulatory relief to
utilities that opt to offer electric customer choice.
Specifically, the bill amends the Public Utility Holding
Company Act of 1935 (PUHCA) to allow States to opt for
competition by certifying utilities under the jurisdiction of
their State Utility Commission as ``competitive.'' If deemed
competitive, the utility is no longer subject to requirements
under section 210 of the Public Utility Regulatory Policies Act
of 1978 (PURPA). H.R. 1960 does not abrogate current contracts
but invokes PURPA requirements if a utility's certification as
competitive is revoked. PURPA is amended to require each
utility to meet (a) either the Federal retail competition
standards or divest itself of its generating assets; and (b)
public benefit certification.
    H.R. 1960 empowers the Federal Energy Regulatory Commission
(FERC), by amending the Federal Power Act (FPA), to prevent
market power, to require generating facilities not currently
subject to all of the requirements of the Clean Air Act to meet
current standards, and to establish safety and power standards.
The bill amends the Fair Labeling Standards Act to empower the
Federal Trade Commission, in consultation with the
Environmental Protection Agency (EPA) to develop regulations on
disclosure. The bill also includes privacy protections for
individuals.
    H.R. 1960 mandates that, starting in 1998, generators must
have renewable energy credits that amount to 3 percent of their
generation from renewable resources, increasing to 10 percent
by 2010. Each electric service provider will be required to
contribute to maintain universal service, including ``just,
reasonable, and affordable rates.'' It further amends the FPA
to empower FERC to oversee mandatory reliability councils to
which each utility must belong.

Legislative History

    H.R. 1960 was introduced in the House by Mr. Markey on June
19, 1997. The bill was referred solely to the Committee on
Commerce.
    On October 21 and 22, 1997, the Subcommittee on Energy and
Power held legislative hearings on H.R. 1960 and several other
electric utility restructuring proposals. Witnesses included
representatives from nearly every sector of the electric
utility industry: investor-owned, municipal and cooperative
utilities, electricity marketers and independent power
producers, as well as State regulators and large and small
consumers.
    No further action was taken on H.R. 1960 in the 105th
Congress.

  nuclear regulatory commission authorization act for fiscal year 1999

                              (H.R. 3532)

    To authorize appropriations for the Nuclear Regulatory
Commission for fiscal year 1999, and for other purposes.

Summary

    H.R. 3532 authorizes the activities of the Nuclear
Regulatory Commission (NRC or the Commission) for Fiscal Year
1999, extends the authorization for the NRC to collect 100
percent of its budget through user fees and annual charges to
the end of Fiscal Year 2003, and makes a number of changes to
the Commission's authorizing statutes. The NRC is responsible
for regulating the nation's utilization of radioactive
materials and ensuring the protection of public health and
safety in the use of nuclear materials.
    The proposed changes to the NRC's authorizing statutes have
been advocated by the Commission. Most deal with updating
current statutory provisions to reflect the changing regulatory
framework, the passage of other statutes necessitating changes
in the NRC statutes, or clarifications of statutory intent.

Legislative History

    H.R. 3532 was introduced in the House by Mr. Dan Schaefer
on March 24, 1998. The bill was referred solely to the
Committee on Commerce.
    The Subcommittee on Energy and Power held a legislative
hearing on the NRC's proposed Fiscal Year 1999 budget and H.R.
3532 on March 25, 1998. The four Commissioners of the NRC were
the only witnesses.
    On April 22, 1998, the Subcommittee on Energy and Power met
in open markup session and approved H.R. 3532, without
amendment, for Full Committee consideration, by a voice vote.
    On April 29, 1998, the Committee on Commerce met in open
markup session and ordered H.R. 3532 reported to the House,
without amendment, by a voice vote, a quorum being present. On
August 6, 1998, the Committee on Commerce reported H.R. 3532 to
the House (H. Rpt. 105-680).
    No further action was taken on H.R. 3532 in the 105th
Congress.

                  energy policy act amendments of 1997

                              (H.R. 2568)

    To amend the Energy Policy Act of 1992 to take into account
newly developed renewable energy-based fuels and to equalize
alternative fuel vehicle acquisition incentives to increase the
flexibility of controlled fleet owners and operators, and for
other purposes.

Summary

    H.R. 2568 amends the Energy Policy Act of 1992 (EPAct) and
the Energy Policy and Conservation Act (EPCA) to promote the
use of biodiesel fuel. Section 101 amends the EPAct to define
biodiesel and biodiesel blends with at least 20 percent
biodiesel content as alternative fuels, and creates certain new
definitions. Section 102 provides that conversion of vehicles
can be considered acquisition, and defines biodiesel and
biodiesel blends as ``alternative fuels'' for purposes of EPCA.
Section 103 amends the EPAct to provide that conversion of
vehicles is acquisition for purposes of complying with purchase
mandates; provides for acquisition or conversion of heavy duty
vehicles or heavy duty marine vessels; and establishes a credit
for alternative fueled vehicles that demonstrate use of
alternative fuel. Section 104 directs the Department of Energy
(DOE) to carry out the EPAct in a manner that is neutral with
respect to various alternative fuels and vehicles.
    Section 201 amends the State incentives program in the
EPAct to promote increased use of light and heavy duty
alternative fueled vehicles. Section 202 permits Federal
assistance for conversion of school buses. Section 203 directs
DOE to study alternative fuel use and provides for study of
marine vessels.
    Section 301 directs DOE to determine whether the goals in
section 502 of the EPAct should be modified. Section 302
provides that actions considered or credited as acquisitions
shall be eligible for credits. Section 303 provides that DOE
recommendations under the section 509 of the EPAct address
incentives or requirements for conversions and exemptions for
replacement fuels from fuel taxes.

Legislative History

    On September 26, 1997, Mr. Shimkus and 23 cosponsors
introduced H.R. 2568 in the House. The bill was referred solely
to the Committee on Commerce.
    The Subcommittee on Energy and Power held a legislative
hearing on H.R. 2568 on July 21, 1998. Witnesses included
representatives from DOE, the biodiesel industry, an urban
transit authority, and the alternative fueled vehicle industry.
    No further action was taken on H.R. 2568, however on August
5, 1998, the Full Committee met in open markup session to
consider H.R. 4017, and ordered the bill reported to the House,
amended, by a voice vote. As ordered reported to the House,
H.R. 4017 included legislative language representing a
substitute for the text of H.R. 2658, the Energy Policy Act
Amendments of 1997. This legislative language was eventually
enacted into law as part of Public Law 105-388. For the
legislative history of H.R. 4017, see the discussion of that
bill in this section.

                  amendments to the federal power act

                                (S. 439)

    To provide for Alaska State jurisdiction over small
hydroelectric projects, to address voluntary licensing of
hydroelectric projects on fresh waters in the State of Hawaii,
to provide an exemption for portion of a hydroelectric project
located in the State of New Mexico, and for other purposes.

Summary

    Section 1 of S. 439 adds a new part 32 to the Federal Power
Act (FPA) that directs the Federal Energy Regulatory Commission
(FERC) to discontinue exercising its authority under section
4(e) and section 23(b) over new, small hydroelectric projects
(5 megawatts or less) in the State of Alaska upon a FERC
determination that the State of Alaska has a regulatory program
for hydroelectric development in place that (1) protects the
public interest, the purposes listed in (2), and the
environment to the same extent; (2) gives equal consideration
to energy conservation, the protection, mitigation of damage
to, and enhancement of, fish and wildlife, the protection of
recreational opportunities, the preservation of other aspects
of environmental quality, the interests of Alaskan Natives, and
other beneficial uses; and (3) imposes other requirements
prescribed by Federal and State resource agencies. Existing
projects may elect to switch to State licensing or regulation
of their projects. A State license or exemption from licensing
for hydroelectric projects on Federal public lands would be
subject to approval by the Federal agency with jurisdiction
over such lands, and such conditions as the agency may
prescribe. FERC is required to consult with the Department of
the Interior and the Department of Agriculture before
certifying the State of Alaska's regulatory program. FERC is
authorized to reassert its licensing and regulatory authority
under the FPA if it finds the State of Alaska does not comply
with section 1.
    Section 2 amends section 4(e) of the FPA to preclude
voluntary FERC licensing of hydroelectric projects on fresh
waters in the State of Hawaii. Section 4(e) authorizes FERC to
license projects that are not required to be licensed by FERC
under section 23(b) of the Act. The State of Hawaii has taken
the position that there is a need to preclude voluntary FERC
licensing to prevent ``claim jumping'' by business competitors,
to prevent FERC preemption of State stream regulation, and to
ensure application of Hawaiian water law. FERC has never
licensed a hydroelectric project in Hawaii and has no pending
applications. Projects required to be licensed under section
23(b) would still have to be licensed.
    Section 3 blocks FERC enforcement action against a
hydroelectric licensee in New Mexico. The license in question
required that the licensee obtain control over the transmission
line associated with the project. Over the past 13 years, the
licensee has failed to comply with this requirement, despite
repeated letters and compliance orders from FERC. FERC is
prepared to take enforcement action against the licensee for
failure to comply with its license, but has refrained from
taking such action over the past four years out of deference to
Congressional interest in the matter. Section 3 provides that
Part I of the FPA does not apply to the transmission line.
    Section 4 amends section 13 of the Federal Power Act to
give licensees ten years to commence construction of a
hydroelectric project. Section 13 requires that licensees begin
construction not more than two years from the date a license is
issued, unless FERC extends the initial deadline. However,
Section 13 permits FERC to grant only one two-year extension of
that deadline. A license will be terminated if a licensee fails
to begin construction in a timely manner. Congress has often
passed legislation to extend the construction deadlines for
individual projects.
    Section 5 restores a sentence in the FPA that was
erroneously deleted by the General Accounting Office Act of
1996. However, that sentence was previously restored in H.R.
1184 which was enacted into law as Public Law 105-192.

Legislative History

    On March 13, 1997, Mr. Murkowski and two cosponsors
introduced S. 439 in the Senate. The bill was read twice and
referred to the Senate Committee on Energy and Natural
Resources.
    On September 24, 1997, the Senate Committee on Energy and
Natural Resources ordered S. 439 reported to the Senate,
amended. The Senate Committee on Energy and Natural Resources
reported S. 439 to the Senate on October 15, 1997 (S. Rpt. 105-
111).
    On June 25, 1998, the Senate, by unanimous consent,
proceeded to the immediate consideration of S. 439 and passed
the bill amended. On July 14, 1998, the bill was received in
the House and referred solely to the Committee on Commerce.
    On September 25, 1998, the Subcommittee on Energy and Power
held a hearing on the Federal hydroelectric relicensing
process. The hearing reviewed the Federal hydroelectric
relicensing process, assessed whether there is a need to make
improvements to this process, and focused on whether there is a
need for Federal legislation to improve the process. The
hearing also focused on S. 439. Witnesses at the hearing
included Administration officials, industry representatives,
State officials, recreational users, and representatives of the
environmental community.
    No further action was taken on S. 439 in the 105th
Congress.

                 Oversight or Investigative Activities

      department of energy's proposed budget for fiscal year 1998

    On February 11, 1997, the Subcommittee on Energy and Power
held an oversight hearing on the Department of Energy's (DOE's)
budget request for Fiscal Year 1998. The purpose of this
hearing was to examine the funding priorities within DOE as the
Department's mission shifts from nuclear weapons production to
environmental remediation of its contaminated weapons
facilities. Specifically, the hearing focused on DOE's
Environmental Management privatization program; the nuclear
waste program; energy security programs; the Bonneville Power
Administration; the Strategic Petroleum Reserve; and the
national laboratories. Testimony was received from the Acting
Secretary of the Department of Energy and other representatives
of the Department.

        electricity: why shouldn't all consumers have a choice?

    On April 14, 1997, April 18, 1997, May 2, 1997, and May 9,
1997, the Subcommittee on Energy and Power held a series of
four field hearings in Atlanta, Georgia; Richmond, Virginia;
Chicago, Illinois; and Dallas, Texas, respectively. The purpose
of this series of hearings was to explore the feasibility and
desirability of competition in the provision of retail electric
utility service. The hearings focused on electric utility
restructuring from a consumer perspective. Witnesses included
representatives of small and low-income consumers of
electricity, large consumers, independent power producers,
utilities, and marketers, and State regulators and legislators.

                electricity: reliability and competition

    On June 19, 1997, the Subcommittee on Energy and Power held
a hearing on reliability and competition in the electric
utility industry. The hearing focused on the impact retail
competition would have on the reliability of the interstate and
intrastate electricity grids. The hearing also explored who
should bear the responsibility for enforcing reliability
standards and who should be required to participate in
reliability standard setting organizations. Witnesses included
representatives of electric utilities, an independent power
producer, a marketer, a State regulator, and a utility worker
union representative.

          electricity: public power, tva, bpa, and competition

    On July 9, 1997, the Subcommittee on Energy and Power held
an oversight hearing on the role of public power and Federal
electric utilities like the Tennessee Valley Authority (TVA),
the Bonneville Power Administration (PMA), and the Power
Marketing Administrations (PMAs). The hearing focused on the
need for Federal legislation to address critical issues
relating to the participation by public power in competitive
electric markets and restructure the role of Federal electric
utilities in these markets. Witnesses included representatives
of TVA, BPA, electric utilities, State officials, and an Indian
tribe.

  the economic and environmental impact of the proposed international
                    global climate change agreement

    On July 15, 1997, the Subcommittee on Energy and Power held
a hearing on the economic and environmental impact of the
proposed international global climate change agreement. This
hearing was a continuation of the Subcommittee's review of the
Administration's global climate change policies and ongoing
negotiations under the ``Berlin Mandate.'' The hearing focused
primarily on the Administration's long-promised economic
analysis of the international climate change commitments the
Administration was in the process of negotiating. Also
discussed at the hearing was the impact future climate change
commitments would have on jobs and the global economic
competitiveness of the United States. Witnesses from the
Department of State and the Council of Economic Advisors
testified at the hearing.

                electricity: innovation and competition

    On September 5, 1997, the Subcommittee on Energy and Power
held a hearing on the impact retail competition in electricity
would have on innovation in the electric utility industry. The
hearing explored how competition would encourage innovation at
every level: from generation and transmission to distribution
and final consumption. Also discussed at the hearing was how
the innovation spurred by competition could lower the cost of
electricity, enhance reliability, and bring to the marketplace
new products and services that give consumers more options.
Witnesses at the hearing included representatives of electric
utilities, marketers, and independent power producers, and
other individuals and representatives of companies that are
currently offering or planning to offer innovative products and
services to electric consumers.

       electricity competition: necessary federal and state roles

    On September 24, 1997, the Subcommittee on Energy and Power
continued its exploration of issues related to retail
competition in electricity by examining the roles of Federal
and State regulators and policymakers. The hearing focused on
legislative and regulatory changes which are necessary to
provide consumers with retail choice in electricity. Also
discussed at the hearing were how Federal and State
policymakers and regulators can work together to assure that in
an era of retail electric competition consumers have reliable,
fair, and affordable access to electricity. Witnesses at the
hearing included a State Governor, State legislators and
regulators, and other government and private sector individuals
and companies.

       status of international global climate change negotiations

    On November 5, 1997, the Subcommittee on Energy and Power
continued its examination of the Administration's global
climate change policies. This hearing was held shortly before
the Administration was scheduled to conclude its negotiations
on the ``Berlin Mandate''. Discussion at the hearing focused on
expectations for the negotiations in Kyoto, Japan. Also
discussed at the hearing was the economic impact of the
Administration's climate policies. Testifying at the hearing
was the Honorable Timothy Wirth, Under Secretary of Global
Affairs, Department of State.

      department of energy's proposed budget for fiscal year 1999

    The Subcommittee on Energy and Power held an oversight
hearing on February 5, 1998, to examine the Department of
Energy's proposed budget for Fiscal Year 1999. Witnesses
included the Honorable Elizabeth A. Moler, the Deputy Secretary
of Energy, and the Honorable Ernest J. Moniz, the Under
Secretary of Energy. The hearing provided an in-depth look at
the Department's proposed spending for Fiscal Year 1999 and
focused on issues related to environmental management and
restoration; the progress of the Department's site
characterization effort at the proposed high-level radioactive
waste repository at Yucca Mountain, Nevada; the nation's energy
security; the Department's proposed spending on activities to
address climate change; and general departmental management.

              kyoto protocol and its economic implications

    On March 4, 1998, the Subcommittee on Energy and Power held
a hearing to examine the impact of the ``Kyoto Protocol''
negotiated in December 1997. The two witnesses at this hearing
were the Honorable Stuart Eizenstat, Under Secretary of State
for Economic, Business, and Agricultural Affairs, and Dr. Janet
Yellen, the Chair of the Council of Economic Advisers.
Discussions focused on the commitments made at Kyoto, Japan;
the Administration's plans to implement those commitments; and
the lack of meaningful participation by developing countries in
the Kyoto Protocol. The Subcommittee also examined the economic
conclusions offered by the Administration regarding the
projected costs to the U.S. economy of complying with the
emission reduction targets contained in the Kyoto Protocol.

     external regulation of department of energy nuclear facilities

    On May 20, 1998, the Subcommittee on Energy and Power held
an oversight hearing on proposals to require the independent
regulation of Department of Energy (DOE) nuclear facilities.
Witnesses from the Department of Energy and the Nuclear
Regulatory Commission (NRC) testified at the hearing. The
hearing examined a host of policy and implementation questions
surrounding external regulation, including: the current state
of DOE nuclear facilities; increased public confidence in DOE
operations in an independently regulated environment; national
security implications; and impacts on the decommissioning of
DOE facilities.

     electronic commerce: the energy industry in the electronic age

    The Subcommittee on Energy and Power held one hearing as
part of the Committee on Commerce's electronic commerce
initiative. On July 15, 1998, the Subcommittee on Energy and
Power held a hearing which focused on the impact of electronic
commerce on the energy industry. The hearing examined the rise
of on-line energy trading systems (sometimes referred to as
power exchanges); the role of the Federal Energy Regulatory
Commission's Open Access Same-Time Transmission System (OASIS)
which provides on-line information to potential customers of
transmission service; the use of World Wide Web sites by the
natural gas industry to purchase, schedule, and deliver natural
gas; and the future role of electronic commerce in promoting
competition in the electric utility industry. Witnesses include
representatives of energy trade associations, energy consulting
firms, and businesses involved in on-line energy trading.

               progress on uranium mill tailings cleanup

    The Subcommittee on Energy and Power, on July 27, 1998,
held an oversight hearing on the Uranium Mill Tailings
Radiation Control Act (UMTRCA), which governs the cleanup of a
host of inactive and active uranium mill sites. The hearing
examined the progress of the mill tailings remediation program,
and the need for extended cleanup authority or other statutory
changes. Testimony was received from representatives of the
U.S. Department of Energy and the Colorado Department of Public
Health and Environment and industry witnesses. Topics at the
hearing included the progress of surface cleanup at Title I
UMTRCA sites; ongoing groundwater remediation at Title I and
Title II sites; surface cleanup progress at Title II sites; the
adequacy of funding under Title X of the Energy Policy Act of
1992; and outstanding issues surrounding the general success of
UMTRCA.

               federal hydroelectric relicensing process

    On September 25, 1998, the Subcommittee on Energy and Power
held an oversight hearing on the Federal hydroelectric
relicensing process. The hearing reviewed the Federal
hydroelectric relicensing process, assessed whether there is a
need to make improvements to this process, and focused on
whether there is a need for Federal legislation to improve the
process. The hearing also focused on S. 439, a bill to provide
for Alaska State jurisdiction over small hydroelectric
projects, to address voluntary licensing of hydroelectric
projects on fresh waters in the State of Hawaii, to provide an
exemption for portion of a hydroelectric project located in the
State of New Mexico, and for other purposes. Witnesses at the
hearing included Administration officials, industry
representatives, State officials, recreational users, and
representatives of the environmental community.

          energy security: what will the new millennium bring?

    On October 2, 1998, the Subcommittee on Energy and Power
held an oversight hearing on the progress of energy supply and
energy security in the 25 years since the Arab oil embargo, and
examined the prospects for energy security as the United States
enters the new millennium. Representatives from the Department
of Energy, the Energy Information Administration, and the
National Renewable Energy Laboratory, businesses representing
the major energy sectors, firms involved in high-risk energy
technology innovations, and think tanks testified at the
hearing. The future role of fossil fuels, the impacts of energy
conservation and energy efficiency efforts, and the roles of
renewable energy and other cutting edge energy technologies
were examined at the hearing. Also discussed were the important
policy elements which would insulate the United States in a
future energy crisis, and the importance of additional steps to
provide for the Nation's future energy security.

      the kyoto protocol: the outlook for buenos aires and beyond

    On October 6, 1998, the Subcommittee on Energy and Power
held a hearing to explore expectations for the international
negotiations in Buenos Aires in November 1998 on the
implementation of the Kyoto Protocol. This hearing also
examined in detail the economic analysis of the Kyoto Protocol
that was released by the Administration in July 1998. This
report was prepared in part to respond to Subcommittee requests
for the detailed analysis and specific assumptions used by the
Administration to reach the economic conclusions offered at the
March 4, 1998 hearing held by the Subcommittee on Energy and
Power. The first panel included witnesses from the State
Department and the Council of Economic Advisers; the second
panel included three economic experts who provided an
independent assessment of the economic impacts of the Protocol.
These experts forecast economic consequences more severe than
those projected by the Administration.

        transfer of bureau of reclamation hydroelectric projects

    On October 7, 1998, the Subcommittee on Energy and Power
requested executive comments from the Bureau of Reclamation and
the Federal Energy Regulatory Commission (FERC) on various
issues relating to the transfer of Bureau of Reclamation
hydroelectric projects to non-Federal entities and the
licensing of such projects by FERC upon transfer. The
Subcommittee will continue to monitor this issue in the 106th
Congress.

                             Hearings Held

    The Department of Energy's Proposed Budget for Fiscal Year
1998.--Oversight Hearing on the Department of Energy's Proposed
Budget for Fiscal Year 1998. Hearing held on February 11, 1997.
PRINTED, Serial Number 105-2.
    Energy Related Legislation.--Hearing on H.R. 363, a bill to
amend section 2118 of the Energy Policy Act of 1992 to extend
the Electric and Magnetic Fields Research and Public
Information Dissemination program; and H.R. 649, the Department
of Energy Standardization Act of 1997. Hearing held on February
26, 1997. PRINTED, Serial Number 105-3.
    Electricity Utility Industry Restructuring: Why Shouldn't
All Consumers Have A Choice?--Oversight Field Hearing in
Atlanta, Georgia on Electricity Utility Industry Restructuring.
Hearing held on April 14, 1997. PRINTED, Serial Number 105-40.
    Electricity Utility Industry Restructuring: Why Shouldn't
All Consumers Have A Choice?--Oversight Field Hearing in
Richmond, Virginia on Electricity Utility Industry
Restructuring. Hearing held on April 18, 1997. PRINTED, Serial
Number 105-40.
    The Nuclear Waste Policy Act of 1997.--Hearing on H.R.
1270, the Nuclear Waste Policy Act of 1997. Hearing held on
April 29, 1997. PRINTED, Serial Number 105-27.
    Electricity Utility Industry Restructuring: Why Shouldn't
All Consumers Have A Choice?--Oversight Field Hearing in
Chicago, Illinois on Electricity Utility Industry
Restructuring. Hearing held on May 2, 1997. PRINTED, Serial
Number 105-40.
    Electricity Utility Industry Restructuring: Why Shouldn't
All Consumers Have A Choice?--Oversight Field Hearing in
Dallas, Texas on Electricity Utility Industry Restructuring.
Hearing held on May 9, 1997. PRINTED, Serial Number 105-40.
     The Texas Low-Level Radioactive Waste Disposal Compact
Consent Act.--Hearing on H.R. 629, the Texas Low-Level
Radioactive Waste Disposal Compact Consent Act. Hearing held on
May 13, 1997. PRINTED, Serial Number 105-17.
    Department of Energy Civilian Research and Development Act
of 1997.--Hearing on H.R. 1277, the Department of Energy
Civilian Research and Development Act of 1997. Hearing held on
May 20, 1997. PRINTED, Serial Number 105-32.
    Electricity: Reliability and Competition.--Oversight
Hearing on Electricity: Reliability and Competition. Hearing
held on June 19, 1997. PRINTED, Serial Number 105-25.
    Electricity: Public Power, TVA, BPA, and Competition.--
Oversight Hearing held on Electricity: Public Power, Tennessee
Valley Authority (TVA), Bonneville Power Administration (BPA),
and Competition. Hearing held on July 9, 1997. PRINTED, Serial
Number 105-37.
    International Global Climate Change Negotiations.--
Oversight Hearing held on The Economic and Environmental Impact
of the Proposed International Global Climate Change Agreement.
Hearing held on July 15, 1997. PRINTED, Serial Number 105-67.
    Electricity: Innovation and Competition.--Oversight Hearing
held on Electricity: Innovation and Competition. Hearing held
on September 5, 1997. PRINTED, Serial Number 105-46.
    Energy Policy and Conservation Act (EPCA) Fiscal Year 1998
Reauthorization.--Hearing held on H.R. 2472, a bill to extend
certain programs under the Energy Policy and Conservation Act.
Hearing held on September 16, 1997. PRINTED, Serial Number 105-
42.
    Electricity Competition: Necessary Federal and State
Roles.--Oversight Hearing held on Electricity Competition:
Necessary Federal and State Roles. Hearing held on September
24, 1997. PRINTED, Serial Number 105-49.
    Electricity Competition.--Hearing held on H.R. 655, the
Electric Consumers' Power to Choose Act of 1997; H.R. 338, the
Ratepayer Protection Act; the H.R. 1230, the Consumers Electric
Power Act of 1997; the H.R. 1359, a bill to amend the Public
Utility Regulatory Policies Act of 1978 to establish a means to
support programs for electric energy conservation and energy
efficiency, renewable energy, and universal and affordable
service for electric consumers; and H.R. 1960, the Electric
Power Competition and Consumer Choice Act of 1997. Hearing held
on October 21, 1997. PRINTED, Serial Number 105-65.
    Electricity Competition.--Hearing held on H.R. 655, the
Electric Consumers' Power to Choose Act of 1997; H.R. 338, the
Ratepayer Protection Act; the H.R. 1230, the Consumers Electric
Power Act of 1997; the H.R. 1359, a bill to amend the Public
Utility Regulatory Policies Act of 1978 to establish a means to
support programs for electric energy conservation and energy
efficiency, renewable energy, and universal and affordable
service for electric consumers; and H.R. 1960, the Electric
Power Competition and Consumer Choice Act of 1997. Hearing held
on October 22, 1997. PRINTED, Serial Number 105-65.
    International Global Climate Change Negotiations.--
Oversight Hearing held on the Status of International Global
Climate Change Negotiations. Hearing held on November 5, 1997.
PRINTED, Serial Number 105-67.
    The Department of Energy's Proposed Budget for Fiscal Year
1999.--Oversight Hearing held on the Department of Energy's
Proposed Budget for Fiscal Year 1999. Hearing held on February
5, 1998. PRINTED, Serial Number 105-87.
    The Kyoto Protocol and Its Economic Implications.--
Oversight Hearing on the Kyoto Protocol and Its Economic
Implications. Hearing held on March 4, 1998. PRINTED, Serial
Number 105-108.
    Reauthorization of the Nuclear Regulatory Commission.--
Hearing on H.R. 3532, the Nuclear Regulatory Commission
Authorization Act for Fiscal Year 1999. Hearing held on March
25, 1998. PRINTED, Serial Number 105-83.
    External Regulation of Department of Energy Nuclear
Facilities.--Oversight Hearing on the External Regulation of
Department of Energy Nuclear Facilities. Hearing held on May
20, 1998. PRINTED, Serial Number 105-117.
    The National Oilheat Research Alliance Act of 1998.--
Hearing on H.R. 3610, the National Oilheat Research Alliance
Act of 1998. Hearing held on June 16, 1998. PRINTED, Serial
Number 105-99.
    Electronic Commerce--Part 5.--Oversight Hearing on
Electronic Commerce: The Energy Industry in the Electronic Age.
Hearing held on July 15, 1998. PRINTED, Serial Number 105-115.
    The Energy Policy Act Amendments of 1997.--Hearing on H.R.
2568, the Energy Policy Act Amendments of 1997. Hearing held on
July 21, 1998. PRINTED, Serial Number 105-109.
    Progress on Uranium Mill Tailings Cleanup.--Oversight
Hearing on the Progress on Uranium Mill Tailings Cleanup.
Hearing held on July 27, 1998. PRINTED, Serial Number 105-104.
    The Federal Hydroelectric Relicensing Process.--Oversight
Hearing on the Federal Hydroelectric Relicensing Process. The
hearing also focused on S. 439, a bill to provide for Alaska
State jurisdiction over small hydroelectric projects, to
address voluntary licensing of hydroelectric projects on fresh
waters in the State of Hawaii, to provide an exemption for
portion of a hydroelectric project located in the State of New
Mexico, and for other purposes. Hearing held on September 25,
1998. PRINTED, Serial Number 105-138.
    Energy Security: What Will the New Millennium Bring?.--
Oversight Hearing on Energy Security: What Will the New
Millennium Bring? Hearing held on October 2, 1998. PRINTED,
Serial Number 105-125.
    The Kyoto Protocol: The Outlook for Buenos Aires and
Beyond.--Oversight Hearing on the Kyoto Protocol: The Outlook
for Buenos Aires and Beyond. Hearing held on October 6, 1998.
PRINTED, Serial Number 105-140.

              Subcommittee on Oversight and Investigations

                              (Ratio: 9-7)

                      JOE BARTON, Texas, Chairman

CHRISTOPHER COX, California          RON KLINK, Pennsylvania
  Vice Chairman                      HENRY A. WAXMAN, California
JAMES C. GREENWOOD, Pennsylvania     PETER DEUTSCH, Florida
MICHAEL D. CRAPO, Idaho              BART STUPAK, Michigan
RICHARD BURR, North Carolina         ELIOT L. ENGEL, New York
BRIAN P. BILBRAY, California         THOMAS C. SAWYER, Ohio
GREG GANSKE, Iowa                    JOHN D. DINGELL, Michigan
TOM COBURN, Oklahoma                   (Ex Officio)
TOM BLILEY, Virginia
  (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 105th Congress, the Subcommittee on Oversight
and Investigations initiated major inquiries with respect to
virtually all Federal agencies within the Committee's
jurisdiction, including the Food and Drug Administration, the
Department of Health and Human Services, the Environmental
Protection Agency, the Nuclear Regulatory Commission, the
Federal Communications Commission, and the Department of
Energy. These investigations have provided the basis for
enactment of corrective legislation in the 105th Congress, and
will provide the foundation for legislative action in the 106th
Congress. In addition, the Subcommittee's inquiries also 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.
    The Subcommittee on Oversight and Investigations is
committed to maintaining a vigilant watch in the 105th Congress
on the expenditure of Federal funds by all of the departments
and agencies under its jurisdiction. The Subcommittee also
intends to continue monitoring closely the implementation and
enforcement of the various laws under the Committee's
jurisdiction to determine where reforms may be needed to
eliminate unnecessary or burdensome regulations.

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO THE DEPARTMENT OF
                                 ENERGY

                                Hearings

      the department of energy's office of science and technology

    On May 7, 1997 the Subcommittee on Oversight and
Investigations held a hearing to review the management of the
Department's Office of Science and Technology (OST). OST was
created by DOE in response to a Congressional directive in 1989
to begin a program to fund the development of innovative
environmental technologies. The mission of OST, as defined by
both Congress and the Department, is to fund the development of
new technologies that will improve DOE's massive environmental
restoration and management efforts--by making them cheaper,
faster, and safer. The Subcommittee initially asked DOE three
fundamental questions: (1) What technologies have been funded
by OST?; (2) Which of these have been deployed at DOE sites?;
and (3) What cost savings have occurred as a result of those
deployments? Remarkably, DOE was unable to readily provide this
information because these basic programmatic performance
measures are not tracked by OST. The hearing revealed that
after seven years and nearly $3 billion spent by OST, few
technologies created by OST had actually been used by the
Department. As a result, the benefits of these new technologies
have been very limited--to date, DOE has been able to identify
less than $500 million in cost savings from actual or planned
use of OST-funded technologies. The Department believes it
could save up to $20 billion in clean up costs with the use of
innovative technologies. Without extensive use of OST-funded
technologies to address some of the most intransigent clean-up
problems at the DOE sites, the American public will not see an
adequate return on its $3 billion investment in OST.
    The Subcommittee received testimony from Alvin Alm,
Assistant Secretary for Environmental Management, Dr. Clyde
Frank, Deputy Assistant Secretary (DAS) for OST, GAO, and the
DOE's Environmental Management Advisory Board. Subsequent to
our review and hearing, the Department initiated changes in OST
personnel, management, and funding processes including a
greater emphasis on technology deployments and the application
of peer review when making funding decisions on new
technologies. However, a September 1998 GAO report the
Subcommittee requested subsequent to the hearing identified
ongoing problems with the OST program including (1) inaccurate
deployment data, (2) completed technologies which are not
useful at DOE sites, (3) a lack of user involvement during the
development process, and (4) infrequent and ineffective
technical assistance by OST to DOE sites during technology
selection and implementation decisions. The Subcommittee
intends to continue its review of the OST program.

         the department of energy's implementation of contract

           reform: problems with the fixed-price contract to

                             clean up pit 9

    On July 28 and 29, 1997 the Subcommittee on Oversight and
Investigations held a two day hearing on the Department's
failed fixed-price contract to clean up of buried radioactive
wastes at the Pit 9 site at the Department's Idaho National
Environmental and Engineering Laboratory (INEEL) located in
Idaho Falls, Idaho. In October of 1994 a subsidiary of Lockheed
Martin was awarded the $179 million fixed-price contract--a
first-of-its-kind--to retrieve and treat the Pit 9 wastes. This
new contracting method was intended to speed cleanup and
demonstrate technologies that could be used elsewhere at the
INEEL site and across the DOE complex. Three years into the
contract, Lockheed Martin had incurred $300 million in total
costs (exceeding the contract's entire value) without
completing the design and construction of the retrieval and
treatment facilities. Additionally, at least two years of
schedule delays had been incurred. In December 1996, Lockheed
submitted a request to the Department seeking $158 million in
additional compensation and a conversion of the contract to a
cost-reimbursable arrangement for any work going forward.
Subsequent to the hearing this offer was rejected by the
Department, and Lockheed received a cure notice. All clean up
work has stopped at Pit 9 and Lockheed has filed a lawsuit
challenging the cure notice and seeking cost recovery.
    The hearing focused on the circumstances which led to this
failed contract reform effort. The Subcommittee received
testimony from Secretary of Energy Federico Pena, the GAO, the
State of Idaho Division of Environmental Quality, the
Environmental Protection Agency, and representatives for
Lockheed Martin. The Department committed to several
improvements to its privatization contracts including (1)
addressing Federal staffing needs to provide the skills
necessary to administer privatization contracts; (2)
negotiating a clear definition of safety and health regulatory
requirements into privatization contracts; and (3) emphasizing
the past performance and experience of the contractor teams it
procures for privatization efforts. The Subcommittee continues
to monitor Pit 9 as it reviews the Department's other
privatization contracts.

    assessing the department of energy's management of the national
                           laboratory system

    On October 9, 1997, the Subcommittee on Oversight and
Investigations conducted a hearing to assess the Department of
Energy's management of its national laboratory system. DOE's
laboratory system is the largest in the Federal government--it
consists of 33 laboratories, and 56,000 personnel, and has an
annual budget of approximately $6.5 billion. Although DOE owns
the laboratories, the majority of the laboratories are operated
under contract by universities and not-for-profit
organizations. The hearing focused on the management concerns
raised by the Laboratory Operations Board and by DOE's May 1997
decision to terminate the management contract for Brookhaven
National Laboratory that was held by Associated Universities
Incorporated.
    The General Accounting Office, the DOE Inspector General,
and Dr. Martha A. Krebs, the Director of DOE's Office of Energy
Research presented testimony. The hearing identified a variety
of management weaknesses regarding DOE's relationship with the
laboratories, including: inadequate oversight of its Management
and Operating (M&O) contracts; inadequate DOE program oversight
of safety, safeguards, health, intellectual property, and
construction requirements at DOE laboratory facilities; and
confusion in the lines of responsibility and accountability
between DOE headquarters program offices, field offices and the
laboratories.

     the department of energy's implementation of contract reform:
                     performance-based contracting

    On October 23, 1997 the Subcommittee on Oversight and
Investigations held a hearing to review the Department's
implementation of contract reform focusing on performance-based
incentive (PBI) contracting. Under this approach, DOE and its
site contractors negotiate annually various tasks for which the
contractors will be awarded an incentive fee for completion
ahead of schedule. Under many PBI contracts, the contractors
receive little, if any, automatic base fees or ``subjective''
award fees, which were DOE's traditional contracting methods.
The Department, in its rush to implement performance-based
contracting, ignored basic safeguards to protect the taxpayer's
money. According to the testimony of Mr. John Layton, the
Department's Inspector General, DOE initiated performance-based
contracting without guidance to site operations offices and
without adequate controls on the establishment of reasonable
incentive fees due to the lack of adequate cost and schedule
baselines for the incentivized work. Consequently, PBI
contracts generally lacked a critical focus and the fees
associated with them often seemed arbitrary or simply failed to
incentivize the contractors to perform superior work. For
example, the Subcommittee examined $910,000 in PBI fees DOE
paid to Westinghouse Hanford Corporation for incentivized work
that was never completed.
    The Subcommittee received testimony from Mr. Layton, Ms.
Elizabeth Moler, Deputy Secretary of Energy; and several of the
Department's major contractors including Fluor Daniel, Lockheed
Martin, Kaiser-Hill, Westinghouse, and Bechtel. Since the
Committee began its review of the PBI program, the Department
has taken several steps to incorporate lessons learned by
providing guidance and training to site operation offices,
initiating an annual review of all PBI contracts at
headquarters, and ensuring that PBI contracts are negotiated
and implemented at the beginning of each fiscal year. The
Subcommittee is continuing its review of the Department's
efforts as information for fiscal years 1998 and 1999 becomes
available.

     the department of energy's funding of molten metal technology

    On November 5, 1997, the Subcommittee began a series of
hearings on the Department of Energy's funding of a technology
development grant awarded to Molten Metal Technology (Molten
Metal), a company that in 3 years received a 33-fold contract
expansion on a non-competitive basis for the development of an
experimental disposal process for radioactive wastes. The
Committee's investigation of Molten Metal was an outgrowth of
the Subcommittee's May 7, 1997 hearing that reviewed the
Department's management of the Office of Science and Technology
(OST).
    On November 5, 1997, the Subcommittee received testimony
from Mr. Thomas Grumbly, former DOE Assistant Secretary for
Environmental Management, and Mr. Peter Knight, Molten Metal's
representative who also was a senior official in both the 1992
and 1996 Clinton/Gore campaigns. The Subcommittee examined the
public support by Mr. Grumbly and Vice President Gore on Molten
Metal's behalf, the relationship and communications between Mr.
Knight, Mr. Grumbly, and Molten Metal, and Mr. Grumbly's
efforts within the Department on Molten Metal's behalf.
    On November 7 and 21, 1997, the Subcommittee received
testimony from career DOE employees responsible for the
Department's funding and contract administration decisions,
including Mr. Gerald Boyd, Deputy Assistant Secretary (DAS) for
OST, Dr. Clyde Frank, former DAS for OST, and Mr. William
Huber, the DOE technical representative on the Molten Metal
contract. At this hearing, questions were raised about how OST
made its decisions to fund Molten Metal, the influences of Mr.
Grumbly, Mr. Knight, and Molten Metal executives on these
decisions, and the rigor with which OST reviewed the technical
and commercial feasibility of Molten Metal's technology.
    On February 12, 1998, the Subcommittee received testimony
from Molten Metal executives, including Mr. William M. Haney,
III, former Chairman and CEO, and Mr. Victor Gatto, Vice
President of Government and Nuclear Sector. The Subcommittee
questioned Molten Metal's relationship with and use of Peter
Knight, and the timing of Molten Metal's campaign contributions
to the Clinton/Gore campaign, the Democratic National
Committee, and to causes affiliated with Vice President Gore,
which coincided with several DOE expansions of Molten Metal's
grants.
    This series of hearings, in conjunction with the
Subcommittee's May 7, 1997 hearing on the management of OST,
led to internal reforms in the way the Department grants and
reviews contracts within the Office of Science and Technology
at DOE.

   management problems with the department of energy's hanford spent
                          nuclear fuel project

    On May 12, 1998, the Subcommittee on Oversight and
Investigations held a hearing to review severe cost and
schedule overruns with the Department's Spent Nuclear Fuel
project (SNF project) at the Hanford site in Richland,
Washington. The SNF project, an effort to remove 210,000 spent
nuclear fuel rods from leaking wet storage basins (K-Basins),
represents one of the largest health and safety risks within
the nuclear waste complex. The K-Basins are known to have
leaked at least 15 million gallons of slightly contaminated
water, some of which has already reached the Columbia River
located just 400 yards away. The SNF project has encountered
more than $600 million in cost overruns and schedule delays
that have delayed the removal of the deteriorated fuel elements
by more than four years.
    Weak project management and poor technical performance by
DOE and its contractors on this project were reviewed. The
Subcommittee received testimony from Mr. Ernest Moniz, Under
Secretary of Energy, Mr. John Conway, Chairman of the Defense
Nuclear Facilities Safety Board, the GAO, the Hanford Advisory
Board, and each of the Department's SNF project contractors.
According to GAO testimony, DOE and its initial contractor,
Westinghouse, and, since 1996, Fluor Daniel and Duke Energy,
have been unable to provide adequate management and technical
expertise or develop a sound technical, cost, and schedule
baseline for the SNF project. These problems contributed to the
severe cost and schedule overruns.
    Since the hearing, DOE, Fluor Daniel, and Duke Energy have
restructured the SNF project management systems and have taken
steps to establish a credible technical, cost, and schedule
baseline for the project. Although progress is being made, this
multi-year project is still in the early construction phase.
The Subcommittee will continue to monitor and evaluate progress
on the SNF project in the 106th Congress.

  review of the department of energy's hanford radioactive tank waste
                         privatization contract

    On October 8, 1998 the Subcommittee on Oversight and
Investigations held a hearing to review the Department's $6.9
billion privatization contract with British Nuclear Fuels
Limited (BNFL) to clean up approximately 10 percent of the 54
million gallons of radioactive wastes stored in 177 underground
tanks at the Department's Hanford site in Richland, Washington.
Although the Department has incorporated several of the lessons
learned from Pit 9 privatization mistakes into this
privatization contract, an extensive review by the Subcommittee
and an audit presented at the hearing by the GAO identified
serious and unresolved questions about this contract and the
Department's ability to capably manage the effort. Principal
among these concerns are the enormous financing and profit
costs of this approach, the financial risks to DOE and the
taxpayer if this approach fails, and the Department's ability
to oversee this effort.
    The Subcommittee received testimony from Ernest Moniz,
Under Secretary of Energy, the GAO, BNFL, and Heart of America
Northwest, a local environmental organization. According to DOE
testimony, the Department views this contract as a key example
of the implementation of contract reform. Successful management
and oversight by the Department is essential on this project.
However, the GAO testified that several Federal staffing
positions on this project remain unfilled.
    The contract was signed in August 1998. However, DOE and
BNFL will continue to refine the technical and financial
structure of the contract over a 22-month period, at which
point a final fixed price will be proposed in August 2000. The
current target price of $6.9 billion includes $3.2 billion in
profit and financing costs. The Subcommittee questioned these
costs in light of the substantial risks to the Government if
this project fails. If BNFL defaults due to poor performance,
BNFL is currently liable for up to $300 million in project
costs. The Department would be responsible for all other costs,
which could be as high as $3 billion. The Subcommittee also
requested the Department to assess other financing options,
including less expensive government financing approaches. The
Subcommittee will continue to review this contract as critical
decisions are made over the next two years.

                        Investigative Activities

Misappropriation of Nuclear Waste Grant Funds by the State of Nevada

    The Subcommittee continues to closely monitor DOE's
stewardship of Nuclear Waste Grant Funds misappropriated by the
State of Nevada's Nuclear Waste Project Office (NNWPO). A March
1996 GAO report requested by the Subcommittee determined that
the NNWPO inappropriately used $735,000 in grant funds and
violated spending restrictions in applicable appropriations
acts. Based on these serious findings, the Chairman urged the
DOE to conduct a complete financial audit of the inappropriate
expenditures identified by the GAO. In response, DOE contracted
KPMG Peat Marwick (KPMG) to perform a full audit, finalized
March 1998, which determined that approximately $200,000 of
NNWPO's expenditures were for unallowable activities in direct
violation of spending restrictions, and approximately $493,000
were found to be unallowable due to insufficient documentation
to support the payments.
    Following the KPMG audit, the Department reallocated
$690,000 from an account maintained for the State containing
unexpended Nuclear Waste Grant Funds. On September 25, 1998,
the Subcommittee expanded its inquiry with a letter to Governor
Bob Miller of the State of Nevada requesting documents and
information detailing expenditures by the NNWPO not reviewed by
the GAO or KPMG reports, and a description of any corrective
measures taken by the NNWPO to prevent misappropriation of
future Nuclear Waste Grant Funds. The Subcommittee will
continue to closely monitor stewardship of Nuclear Waste Grant
Funds by DOE and the State of Nevada in the 106th Congress.

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO THE DEPARTMENT OF
                       HEALTH AND HUMAN SERVICES

                                Hearings

   continued management concerns at the national institutes of health

    On February 28, 1997, the Subcommittee Chairman requested
information relating to the circumstances of how a molecular
biologist, Dr. Mark Hughes, who held a research position at the
National Institutes of Health (NIH), violated a Federal ban on
human embryo research and the administrative and oversight
practices of the NIH with respect to the Dr. Hughes situation.
    On June 19, 1997, the Subcommittee on Oversight and
Investigations held a hearing on continuing management concerns
at the National Institutes of Health (NIH). The hearing
examined the adequacy of NIH management of its personnel and
resources with respect to Congressional, Presidential, and NIH
bans of funds for human embryo research. Dr. Harold E. Varmus,
Director, NIH, presented testimony for the NIH. As a follow-up
to the hearing, the Subcommittee Chairman sent a letter on June
24, 1997 to Georgetown University requesting information and
documents. On July 30, 1997, the Subcommittee Chairman sent a
letter requesting information about certain matters primarily
related to the NIH's practices and procedures related to making
equipment loans.

                    medicare waste, fraud, and abuse

    The Oversight Subcommittee has closely reviewed the Health
Care Financing Administration's (HCFA) efforts to fight
Medicare waste, fraud and abuse. The Subcommittee examined
HCFA's efforts to enhance Medicare's pre-payment detection
capabilities with Commercial Off-the-Shelf (COTS) software, and
its efforts to develop an integrated Medicare Transaction
System (MTS), an automated claims processing system that would
have consolidated HCFA's eight different automated information
systems into a single Medicare claims system. With respect to
MTS, the Committee's efforts disclosed that HCFA had made
payments of almost $80 million in total with over $50 million
going to the MTS contractor--more than double the original
projected cost for the entire contract--with virtually nothing
to show for it.
    On September, 29 1997, the Subcommittee held a hearing on
Medicare, Waste, Fraud and Abuse. The Subcommittee heard
testimony by officials from the General Accounting Office, the
Office of the Inspector General at the Department of Health and
Human Services, and from HCFA. The witnesses all testified to
the enormous amount of waste occurring in the Medicare system,
as well as to the issues surrounding HCFA's efforts to develop
the MTS system and the efforts to implement COTS software. With
respect to the COTS software issue, the Committee brought
attention to the fact that HCFA's efforts have been far from
adequate in fighting waste, fraud and abuse on all fronts.
After resisting for years recommendations by GAO to implement a
software technology that could potentially save hundreds of
millions of dollars annually in improper Medicare payments,
HCFA finally undertook a pilot program to test this technology.
On May 19, 1998, the Oversight Subcommittee held a hearing on
the progress of HCFA's efforts to implement commercial software
into its Medicare claims processing systems. At the hearing,
the HCFA Administrator, Nancy-Ann Min DeParle testified that
the pilot program, undertaken for HCFA by HBO&C Company (HBOC),
had demonstrated that HCFA could save up to $464.5 million
annually, by using commercially available software to process
Medicare claims more accurately than HCFA's existing claims
processing system. In July 1998, HCFA informed the Commerce
Committee that it had substantially reduced its savings
estimate from $464.5 million down to $35.9 million. In
September 1998, HCFA announced it had awarded a $19.2 million
two-year contract to HBOC for use of its commercially available
claims processing system.
    In light of these developments, the Committee is continuing
its oversight of HCFA's use of commercially available software
for processing Medicare claims, in order to determine the
validity of HCFA's savings estimates, and in order to evaluate
the adequacy of HCFA's implementation of the contract with
HBOC.

                          medicare home health

    On October 29, 1997, the Subcommittee held a hearing on
Home Health Care fraud. The first panel consisted of
representatives from HHS OIG, the FBI and the GAO who discussed
the growth of waste, fraud and abuse in the home health care
benefit and the challenges HCFA faces in implementing the
provisions as outlined in the Balanced Budget Amendment (BBA).
The second panel consisted solely of HCFA representatives, who
discussed the plans for carrying out actions to control home
health waste, fraud and abuse and timetables for
implementation. Finally, the third panel consisted of home
health industry representatives who provided the industry's
perspective of the problems and how home health agencies were
affected by administrative proposals and the BBA.
    Home health has been one of the fastest growing components
of today's Medicare program. Home health was originated as an
alternative to more costly and lengthy hospital stays, and has
been part of Medicare since Medicare's inception in 1965.
According to GAO, Medicare home health expenditures averaged a
33 percent per-year growth between 1989 and 1996, or from about
$2 billion to almost $18 billion. This growth can be attributed
to the fact that while the number of beneficiaries receiving
services increased, so did the number of services per
beneficiary. It is estimated that expenditures for home health
services will exceed $30 billion by 2002.
    While the number of beneficiaries, home health agencies and
expenditures has rapidly increased, so have the problems with
waste, fraud, and abuse associated with the home health
benefit. In July, the HHS Office of Inspector General, in
connection with its Operation Restore Trust audits of Medicare
home health services, released two reports concerning home
health fraud. In its first report, the OIG reported that nearly
40 percent of home health care services provided under the
Medicare program were unjustified because they did not meet
Medicare reimbursement requirements. In the second report, the
OIG found that 1 out of every 4 Medicare-certified home health
agencies were ``problem'' providers and, while not inherently
fraudulent, had abused Medicare funds. These studies were
conducted in the 5 most populated States, but the OIG believes
that these problems exist in other States.
    As part of the Administration's efforts to enforce the
anti-fraud provisions included in the Balanced Budget Act and
administrative pronouncements, and in response to the growing
amount of abuse in the home health industry, President Clinton
and Secretary Shalala announced on September 15, 1997, an
unprecedented 6 month moratorium on the entry of any new home
health agencies into the Medicare program. The Committee later
uncovered information indicating that the moratorium was not
developed by the Department of Health and Human Services in
connection to a broader strategic plan to address home health
waste, fraud and abuse, but instead, was most likely hastily
developed in response to a request from the White House.

        medicare waste, fraud, and abuse: a regional perspective

    On March 2, 1998 in the Assembly Hall of the Colleyville
Community Center, Colleyville, Texas, the Subcommittee on
Oversight and Investigations held a hearing on Medicare waste,
fraud and abuse. The purpose of the hearing was to gain a
regional perspective on the problems that are currently
plaguing the Medicare system from those who fight Medicare
waste on a daily basis, as well as to hear concerns from
representatives of the health care industry.
    The Honorable Nancy-Ann Min DeParle, Administrator, Health
Care Financing Administration (HCFA), testified on the first
panel. She provided the Subcommittee with an update on HCFA's
efforts to combat waste, fraud and abuse. The second panel
consisted of several individuals from Texas; Mr. Paul Coggins,
United States Attorney for the Northern District of Texas; Mr.
Robert E. Richardson, Assistant Inspector General for Criminal
Investigations, Department of Health and Human Services Office
of Inspector General, and Mr. Martin Campbell, Assistant
Regional Inspector General for Investigations in Dallas, all of
whom are involved in fighting Medicare waste, fraud and abuse
and testified about specific examples they had located in
Texas, a large Medicare recipient States. The Subcommittee also
heard from various industry representatives, including: Mr.
Donald Chrysler who owns a pharmacy and durable medical
equipment business in Amarillo; Ms. Claudia Foster, who owns a
home health agency in Waxahachie; as well as Dr. Bohn Allen
from the Texas Medical Association who represented a doctor's
perspective.

  gao's investigative findings of alleged medicare improprieties by a
                           home health agency

    On June 3, 1997, Chairman Bliley and Mr. Dingell sent a
joint letter to the General Accounting Office (GAO) requesting
an investigation of alleged Medicare improprieties by Mid-Delta
Home Health (now known as Mid-Delta Health Systems, Inc.).
GAO's Office of Special Investigations specifically examined
allegations that Mid-Delta (1) routinely requested and received
leave/bonuses back from its employees while charging Medicare
their full amount, (2) paid the owner's daughter a full-time
salary and charged it to Medicare, although she was a full-time
nursing student, and (3) conducted unnecessary and excessive
home health care patient visits. On Thursday, March 19, 1998,,
the Subcommittee on Oversight and Investigations held a hearing
on Medicare home health. Specifically, the Subcommittee heard
from the General Accounting Office's (GAO) Office of Special
Investigations (OSI) regarding its findings of alleged Medicare
improprieties by home health care provider Mid-Delta Home
Health (now known as Mid-Delta Health Systems, Inc.) of
Belzoni, Mississippi, and affiliated companies. The panels
consisted of representatives of the Government Accounting
Office (GAO), the Health Care Financing Administration (HCFA),
the Department of Health and Human Services, and Palmetto
Government Benefits Administrators, the fiscal intermediary for
Mid-Delta.
    Some of GAO's more egregious findings included a finding
that the owner of Mid-Delta home health claimed a salary of
almost $370,000 in 1996, which included bonuses of about
$150,000--of which the full amount was reimbursed by Medicare.
Her husband, also on the Medicare payroll, claimed a salary of
$178,000, which included $90,000 in bonuses. Their daughter,
who's full-time nursing tuition was being paid for by Medicare,
claimed a salary of $55,000 and bonuses of $65,000, which was
119 percent of her salary. In addition, the owner and her
husband drove a Mercedes Benz and Lincoln Towncar, both of
which were charged to Medicare at a cost of $1,700 a month in
taxpayer dollars.
    After this hearing, Chairmen Bliley and Barton, along with
Ranking Members Dingell and Klink wrote a letter to the
Attorney General referring GAO's report, for appropriate
action.

           department of health and human services inspector

              general's audit of the health care financing

             administration's fy 1997 financial statements

    On April 24, 1998, the Subcommittee on Health and
Environment and the Subcommittee on Oversight and
Investigations of the Committee on Commerce, and the
Subcommittee on Government Management, Information and
Technology of the Committee on Government Reform and Oversight
held a joint hearing on the financial management practices at
the Health Care Financing Administration. Specifically, the
hearing focused on the findings of the Department of Health and
Human Services Office of Inspector General's audit of HCFA's
Fiscal Year 1997 financial statements and related reports on
internal controls and compliance with laws and regulations, as
mandated by the Chief Financial Officer's Act of 1990 and the
Government Management Reform Act of 1994.
    There was one panel of witnesses, which included the
Honorable June Gibbs Brown, Inspector General, Department of
Health and Human Services; and the Honorable Nancy-Ann Min
DeParle, Administrator, Health Care Financing Administration.
    Under the Chief Financial Officers Act of 1990 (CFO Act),
HCFA is required to prepare financial statements that fully
disclose its financial position and the results of operation.
The objective of the CFO Act is to improve systems of
accounting, financial management, and internal controls
throughout the Federal government while reducing waste and
inefficiency and providing the Congress with reliable
information on the financial status of government agencies. In
1994, the CFO Act was enhanced by the Government Management
Reform Act (GMRA) which requires a Department's Office of
Inspector General to audit the Department-wide financial
statements for all accounts and associated activities of
selected Federal agencies.
    The OIG audit review indicated that the Medicare program is
inherently vulnerable to incorrect provider billing practices.
Through a detailed medical and audit review of 600
beneficiaries nationwide with 8,048 fee-for service claims
processed for payment during FY 1997, the OIG found that 1,907
of those claims did not comply with Medicare laws and
regulations. Therefore, the OIG estimated that FY 1997 improper
payments totaled about $20.3 billion nationwide, or about 11
percent of total Medicare fee-for-service benefit payments.
    The Subcommittee remains very concerned about such a high
level of noncompliance within the Medicare program. Addressing
waste, fraud, and abuse in Medicare will be one of the highest
priorities of the Subcommittee in the 106th Congress.

medicare billing: savings through implementation of commercial software

    On May 19, 1998, the Subcommittee on Oversight and
Investigations held a hearing on the Health Care Financing
Administration's (HCFA) efforts to curb Medicare overpayments
with commercial claims auditing edits. This hearing was a
follow-up to the September 29, 1998, and in this hearing the
Subcommittee focused on HCFA's efforts to implement commercial-
off-the-shelf (COTS) software which it found could save
Medicare up to $465 million annually by detecting
inappropriately coded claims. The first panel consisted of The
Honorable Charles Grassley (R-Iowa), who was a co-requestor on
the GAO report being released at the hearing. The second panel
consisted individuals representing the General Accounting
Office (GAO), the Department of Defense (DOD), and the
Department of Veterans Affairs (VA). Both DOD and VA have
implemented the same type of commercial system that HCFA tested
in Iowa. The third panel consisted of one individual: The
Honorable Nancy-Ann Min DeParle, Administrator, HCFA.
    In a December 11, 1997 meeting with HCFA representatives,
Committee staff was informed of HCFA's findings that up to$465
million could be saved annually if COTS was to be implemented
nationwide. Committee staff also was informed at that time of
HCFA's intention to extend the pilot project for an additional
year. However, Committee staff expressed strong concern about
this decision to extend the pilot program considering HCFA
staff had just revealed that up to $465 million could be saved
annually, while an additional test year would cause undue delay
in saving millions in taxpayer dollars. Soon after that
meeting, HCFA Administrator DeParle decided to terminate the
pilot project and move forward with national implementation.
    At the time of this hearing, HCFA was negotiating with HBOC
to implement the commercial claims auditing edits. Although
Members and Committee staff had met with HCFA officials on
several occasions to discuss the above, it was important to
have this hearing in order to hear from GAO on its findings and
to lay out some markers for HCFA to ensure that such commercial
claims auditing edits were implemented without any further
unnecessary delays.
    On September 30, 1998, HCFA signed a contract with HBOC to
apply HBOC's commercial-off-the-shelf software procedure to
process edits to Medicare claims. The Committee intends to
closely monitor HCFA's efforts to implement this money saving
software.

 department of health and human services' policy for federal workplace
                         drug testing programs

    On April 10, 1997, the Subcommittee Chairman sent a letter
to the Substance Abuse and Mental Health Services
Administration (SAMHSA) concerning the SAMHSA Scientific
Meeting on Drug Testing of Alternative Specimens and
Technologies for April 28-30, 1997. The Subcommittee Chairman
expressed concerns that the conference be conducted in a
thoroughly unbiased and science-based manner and that key
SAMHSA officials may be relying on outdated, flawed or
statistically invalid experimental studies related to hair
testing. SAMHSA responded on April 17, 1997 to provide
assurances to the Subcommittee Chairman about his concerns.
    On February 5, 1998, the Subcommittee Chairman sent a
letter to SAMHSA examining the fairness and adequacy of
SAMHSA's consideration of issues related to drug testing. After
receiving SAMHSA's response, Committee staff met with officials
from SAMHSA and the National Institute of Drug Abuse (NIDA).
    On July 23, 1998, the Subcommittee on Oversight and
Investigations held a hearing on the Department of Health and
Human Services' (HHS) Policy for Federal Workplace Drug-Testing
Programs. The purpose of the hearing was to determine whether
HHS has established the most effective drug-testing policy by
relying exclusively on urine-testing technology and, if not, to
examine what actions HHS can take to attain the most effective
drug-testing policy.
    Three panels of witnesses testified: a panel of non-HHS
witnesses who discussed their views on the HHS drug-testing
policy and their experiences and views on hair-testing or other
testing technologies, and a panel of HHS agency witnesses who
discussed the HHS drug-testing policy. The first panel
included: (1) Harry Connick, Sr., the District Attorney of New
Orleans, whose office uses hair-testing to supervise first-time
non-violent offenders in a diversionary program; (2) Kevin
Connors of Waste Management Corporation, a Department of
Transportation regulated company that is required to use urine-
testing but also uses hair-testing; (3) Bruce Goldberger of the
University of Florida who is designing a proficiency testing
program for hair-testing in Florida but who believed there were
external contamination and racial bias problems with hair-
testing; (4) Christine Moore of the U.S. Drug Testing
Laboratory who believed there were external contamination and
racial bias problems with hair-testing; (5) Richard Newel,
Research Associate at the University of South Florida, who has
been involved in studies that concluded there was no racial
bias issue with hair-testing; and (6) Carl Selavka, Director of
the Crime Lab for the Massachusetts State Police, who believed
there was sufficient scientific support to include hair-testing
and other alternative testing technologies in the Federal
workplace drug-testing program.
    The second panel included the following witnesses from HHS
agencies: Edward Cone of National Institute of Drug Abuse
(NIDA); Joseph Autry of the Substance Abuse and Mental Health
Services Administration (SAMHSA); and Bruce Burlington of the
Food and Drug Administration (FDA). Dr. Cone provided his views
on alternative testing technologies such as hair-testing. Dr.
Autry and Dr. Burlington provided status reports on their
respective agencies' reviews of alternative drug-testing
technologies.
    The third panel featured Ray Kubacki, President and CEO,
Psychemedics Corporation, a hair-testing company, and William
Thistle, Vice President and General Counsel, Psychemedics
Corporation. These witnesses responded to concerns raised about
hair testing technology for drugs of abuse.
    The hearing demonstrated that there appeared to be a
consensus that a complementary program of urinanalysis, hair
testing, and perhaps blood testing, sweat testing, and saliva
testing was the optimal approach for a drug-testing program.
The Subcommittee is monitoring SAMHSA and the FDA as these
agencies consider scientific issues concerning alternative
testing technologies to urinalysis.

 implementation of the abstinence education provisions of the welfare
                               reform law

    On September 25, 1998, the Subcommittee on Oversight and
Investigations held a hearing to assess the implementation of
the abstinence education established by Congress as part of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996, commonly known as the Welfare Reform Act of 1996. The
purpose of the hearing was to evaluate the adequacy of HHS and
State efforts to implement the abstinence education program in
light of concerns about the misinterpretation of the statutory
requirements of the program at the State and Federal level.
    The Welfare Reform Act of 1996 amended Title V of the
Social Security Act (42 U.S.C. 701 et seq.)--the Maternal and
Child Health Services Block Grant--by establishing what is
commonly referred to as the Title V abstinence education
program. Title V authorizes the Secretary of Health and Human
Services to allocate a total of $50 million per year for a
period of five years, beginning in FY 1998, to the States in
order to provide abstinence education as defined in Title V.
Abstinence education is strictly defined in Title V by means of
an eight-point check list abstinence education program.
    The Subcommittee first heard from Peter van Dyck, who was
named Acting Director of the Maternal and Child Health Bureau
shortly before the hearing. Dr. Van Dyck outlined the current
status of funding and reviewed how the Administration
interprets the legislation. The Subcommittee then heard
testimony from State abstinence and health care officials about
the opposition they are encountering from public health
officials and local sex educators in enacting a strict
abstinence until marriage law as the Congress intended. The
third panel included teenagers who testified that the mixed
message of Abstinence plus safe sex was far more confusing and
less effective than the Abstinence only message provided for
under the Title V programs that Congress enacted. A fourth
panel of abstinence educators and activists spoke about
specific examples of programs acting outside the parameters of
the strict abstinence until marriage definitions.
    The Subcommittee intends to work with the Subcommittee on
Health and the Environment in the next Congress to examine if
further legislation is required to enforce the legislative
intent of the Congress.

  abuses of the medicare partial hospitalization benefit at community
                         mental health centers.

    On October 5, 1998, the Subcommittee on Oversight and
Investigations held a hearing that focused on the widespread
abuse of Medicare's Partial Hospitalization Program (PHP)
benefits by Community Mental Health Centers (CMHCs). The
hearing focused on the adequacy of the Health Care Financing
Administration's (HCFA) efforts to ensure that CMHCs comply
with statutory and regulatory guidelines for providing partial
hospitalization services under Medicare in light of
unexpectedly rapid growth in Medicare partial hospitalization
payments coupled with evidence of widespread fraud and abuse of
the PHP program by CMHCs.
    HCFA originally estimated that the annual cost of partial
hospitalization services in CMHCs would not exceed $15 million.
However, in the period 1993 to 1997, total Medicare payments to
CMHCs increased 482 percent from $60 million in 1993 to $349
million in 1997, and in the same period, average payments per
patient increased 530 percent from $1,642 to $10,352. The rapid
growth in Medicare payments prompted HCFA and the HHS Inspector
General to conduct two reviews of PHP services in Community
Mental Health Centers. The first review--Reviews of Partial
Hospitalization Services Provided Through Community Mental
Health Centers--completed in April 1998, focused on 14 CMHCs in
Florida and Pennsylvania, found extensive noncompliance and
resulted in the suspension of Medicare payments to all 14
providers that were reviewed. The second review--Five-State
Review of Partial Hospitalization Programs at Community Mental
Health Centers--was completed in September 1998, and found that
more than 90 percent of the providers and services reviewed
were ineligible for Medicare funding--the worst rates of
noncompliance in Medicare history.
    Testimony was received from the Department of Health and
Human Services (HHS) Inspector General's Office, and HCFA
regarding the ineligibility of many providers and beneficiaries
in the program, the provision of unauthorized services, and the
failure of HCFA's self-attestation process to screen out
ineligible Community Mental Health Centers. The hearing also
highlighted concerns regarding the adequacy of HCFA's proposed
action plan to prevent further abuse of the Partial
Hospitalization Program benefits by providers, in particular,
the Inspector General indicated that HHS needs to conduct an
evaluation of PHP programs run by hospitals.

                        Investigative Activities

Physicians at Teaching Hospitals (PATH) Audits

    In June of 1996, the Department of Health and Human
Services Office of the Inspector General (HHS OIG) initiated an
audit (known as Physician at Teaching Hospitals or PATH audits)
of the billing practices at the nation's 125 teaching hospitals
to determine if they were improperly billing Medicare Part B
for services that were performed only by a resident when a
teaching physician was not present. Under Medicare Part B, a
teaching physician is allowed to bill Medicare only if the
physician is physically present during the administration of
the medical services. The PATH initiative was launched after a
December 1995 civil monetary settlement with the University of
Pennsylvania collected $30 million and a second civil monetary
settlement in August 1996 brought in $12 million from Thomas
Jefferson University, both of which were found to have been
improperly charging Medicare Part B.
    The PATH audits sparked heated resistance from both the
American Medical Association (AMA) and the Association of
American Medical Colleges (AAMC), as well as some Members of
Congress, who called for suspension of the audits. The HHS
General Counsel undertook a review of the matter and standards
for billing and issued a letter on July 11, 1997, in which she
concluded that the standards for reimbursing teaching
physicians under Part B had not been consistently and clearly
articulated over the years. Some expressed concern that the
General Counsel's letter, which was issued and released during
an ongoing IG audit, may have undermined the IG's efforts by
re-defining the scope of the criteria for the PATH audit
initiative. Of the 49 audits that were already underway at the
time, 16 of the audits were terminated as a direct result of
the General Counsel's review.
    Regardless of the issues surrounding the clarity of the
reimbursement criteria, and in particular, the physical
presence requirement, the Committee was concerned about the
circumstances surrounding the issuance of the July 11 letter
during an ongoing OIG audit. However, after personally meeting
with representatives of the AAMC and AMA in December 1996 and
January 1997, Secretary Shalala requested the General Counsel
to address the concerns of the AAMC and AMA audit, which
culminated in the issuance of the July 11 letter.
    The Committee was very troubled that the HHS General
Counsel would issue the letter during an ongoing OIG audit
initiative. Given the OIG's repeated briefings to HCFA in 1995
and 1996 on its planned PATH audit initiative, and HCFA's
participation in the project, the Department should have
informed the OIG before the OIG's audit effort commenced that
it had a position that was different from the OIG's regarding
the clarity of the Medicare Part B reimbursement criteria for
teaching physicians. To issue this letter after the OIG and DOJ
effort had started, and after the commencement of a substantial
lobbying effort to stop this initiative, appeared to some to
constitute inappropriate interference with respect to the OIG's
work. The General Counsel's actions were alarming not only with
respect to this specific OIG audit initiative. In response to
such concerns, Chairman Bliley and Chairman Barton wrote to
Secretary Shalala on September 16, 1997, about the General
Counsel's July 11 letter requesting an explanation. Chairman
Bliley and Chairman Barton requested a number of documents
pertaining to the circumstances and facts that provided the
basis for the July 11 letter.
    Additionally, Committee staff had several meetings with
representatives from HHS OIG and HHS General Counsel's office,
as well as the AAMC to discuss their respective involvements
with the PATH initiative, as well as the genesis of the July
11, 1997 letter. As a result of the Committee's oversight
efforts, the Department and the HHS OIG have made a concerted
effort to ensure that a similar situation will not arise in the
future.

Physician Comparability Pay

    On March 3, 1997, the Subcommittee Chairman sent a letter
concerning the manner in which the U.S. Department of Health
and Human Services (HHS) has implemented the provision at
Section 529 of the Treasury, Postal Service and General
Government Appropriations Act of 1991, Public Law 101-509
(Appropriations Act), which affects the pay received by
physicians throughout the Department, whether employed at FDA,
NIH or elsewhere. The Appropriations Act amended 5 U.S.C. 5371
to authorize the director of the Office of Personnel Management
(OPM) to permit agencies, such as the Department, to pay
physicians who have significant ``direct patient-care''
responsibilities at pay levels comparable to those of
clinicians at the Department of Veterans Affairs (DVA). Prior
to Section 529, clinicians at DVA tended to earn significantly
more than those practicing medicine at other Federal agencies.
OPM implemented that section of the Appropriations Act and, as
a result, the Department is in the process of offering higher
paying slots to certain of its career clinicians.
    The Committee was concerned about reports that certain
individuals who have been offered this so-called ``Title 38
pay'' may not have substantial or significant ``direct patient-
care'' responsibilities, contrary to Congress' express purpose
in enacting Section 529 and to the language of that section.

CDC Implementation of CLIA Waiver

    On July 9, 1997, the Subcommittee Chairman sent a letter
requesting information concerning the Centers for Disease
Control and Prevention's denial of waived status to a bladder
tumor antigen stat test and for general information on the
waiver process and whether CDC has fairly and consistently
implemented the waiver provision of the Clinical Laboratory
Improvement Amendments of 1988 (CLIA). On August 12, 1997, the
Director of the CDC provided the information.

Results Act: Biomedical Research in HHS Fiscal Year 1999 Performance
        Plan

    On January 6, 1998, the Subcommittee Chairman asked the
General Accounting Office to examine how HHS' FY 1999 annual
performance plan addressed medical research. On September 11,
1998, the GAO issued its report. The GAO found that the HHS
agencies did not always identify measurable outcomes that would
allow an assessment of their research accomplishments.
Generally, the agencies did not explicitly identify their
strategies for accomplishing their specific research goals.
However, the performance indicators included in the plan as a
means of assessing progress toward achieving their goals
provided some insight as to what those strategies might be. As
the process of strategic planning, annual goal setting, and
performance reporting proceeds under the Results Act, we expect
HHS' performance plan to become more specific about what the
department intends to accomplish and how the various HHS
agencies will achieve their intended research goals.

False Claims Act

    On March 19, 1998, Congressmen Bill McCollum (Crime
Subcommittee Chairman for the House Judiciary Committee) and
Congressman William Delahunt introduced the ``Health Care
Claims Guidance Act,'' H.R. 3523. This legislation was
introduced in response to hospital's concerns that the
Department of Justice was overzealous in its use of the False
Claims Act in its health-related law enforcement activities,
which included the use of ``demand'' letters that were often
unduly harsh in tone and substance, and the pursuit of
seemingly trivial cases that did not warrant the Departments'
involvement.
    The Committee held a business meeting to discuss the matter
with representatives from the Department of Justice and the HHS
OIG. After the meeting, Chairmen Bliley, Barton and Bilirakis,
along with Ranking Members Dingell, Klink and Brown, wrote to
the Department of Justice suggesting that numerous changes be
made to address concerns regarding the Department's use of the
False Claims Act. The letter stated that the proposed
legislation could severely undermine the fight against waste,
fraud and abuse in the health care industry--by weakening a
very powerful tool in the False Claims Act--but urged the
Department to implement corrective administrative action to
address enforcement related problems. With the strong efforts
of this Committee, the Department of Justice, on June 3, 1998,
issued written guidance on what would be the appropriate use of
the False Claims Act in health related national projects. The
Committee will continue to monitor the implementation of this
written guidance.

Allegations of Improper Use of Federal Research and Development Grant
        Funds

    On May 1, 1998, the Full Committee Chairman requested that
the GAO investigate allegations of improper use of Federal
research and development grant funds by the University of
California. The GAO's Office of Special Investigations is
investigating this matter.

Adequacy of HHS Oversight in Safeguarding Against the Diversion of
        Grant Funds

    On May 6, 1998, the Full Committee Chairman sent a letter
to NIH requesting information and documents concerning
allegations that raised questions about HHS capability to
investigate NIH grant fraud. The NIH provided documents and
information. Committee staff conducted interviews and continues
to review the matter.

Allegations of Mismanagement in the National Cancer Institute

    On August 28, 1998, the National Institutes of Health (NIH)
forwarded a report prepared by the NIH Office of Management
Assessment to the Subcommittee Chairman in response to his
letters of July 30 and November 25, 1997 on this matter. It was
alleged that a National Cancer Institute (NCI) contractor was
serving as the de facto head of NCI's Division of Basic
Sciences. It was further alleged that the Contractor, the
Principal Investigator for the Advanced Biosciences
Laboratories contract with NCI, was strengthening the position
and budget of the ABL contract while serving as ``a resource to
the NCI Director,'' under a modification to the contract.
    The OMA's review concluded: (1) there were instances where
the record indicated that the Contractor's activities extended
beyond the advisory role that would have been appropriate under
48 CFR Subpart 37.2 by performing inherently governmental work
of a policy, decision-making, or managerial nature, which is
the responsibility of agency officials; (2) there is no
evidence indicating the Contractor or ABL received financial
benefits beyond those specified in ABL's basic research program
contract with NCI as a result of his serving as a ``resource to
the Director, NCI''; and (3) despite the advice and opinions of
NCI's Deputy Ethics Counselor and the Chief, Research Contracts
Branch, and the NIH Legal Advisor, Office of the General
Counsel, it was not until the January 1998 contract letter and
the February 1998 modification that controls were included in
the basic research program contract to ensure compliance with
the provisions of 48 CFR 37.203(c)

State Children's Health Insurance Program (S-CHIP)

    The Balanced Budget Act of 1997 (Public Law 105-33)--signed
into law on August 5, 1997, and amended by technical amendments
(The District of Columbia Appropriations Act of 1998, Public
Law 105-100) on November 19, 1997--includes provisions
establishing the State Children's Health Insurance Program (S-
CHIP) under a new Title XXI of the Social Security Act. This
new State-Federal partnership was developed to expand health
insurance coverage of low-income children by providing States
with greater operational flexibility and additional Federal
matching funds. The legislation also contained a provision
barring any funding for abortions under the S-CHIP program.
    On July 22, 1998, the Committee wrote to Secretary Shalala
to express its concerns that the prohibition on funding
abortions encompassed within the S-CHIP language was being
circumvented by some States and to request certain information.
On August 17, 1998, Secretary Shalala responded with a
collection of internal HHS documents relating to the
implementation of the S-CHIP ban on abortion funding.

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO THE DEPARTMENT OF
                                COMMERCE

                        Investigative Activities

Inquiry into the Activities of the Minority Business Development Agency
        (MBDA).

    In the 105th Congress, the Committee continued to review
Department of Commerce Management issues. The Committee
followed up on an inquiry that it had commenced in the 104th
Congress concerning the award by the Department's Minority
Business Development Agency (MBDA) of a $3.2 million
cooperative agreement in 1994 to the Cordoba Corporation, whose
owner had political and fundraising ties to the Clinton-Gore
campaign, to operate a large-scale minority business center in
Los Angeles (the L.A. MEGA Center). Cordoba had finished a
distant second in the original competitive solicitation but
nonetheless was processed for the award. During this
processing, it was determined that Cordoba's bid was non-
responsive and rather than selecting the top-ranked bidder, the
Department canceled the solicitation and issued a revised
solicitation, which Cordoba won. During the processing for this
award, the Department's Inspector General raised substantial
concerns about the financial viability and questionable
business integrity of Cordoba. Nevertheless, MBDA awarded the
grant to Cordoba. After receiving several poor ratings from
MBDA's regional office, MBDA did not renew the grant and the
MEGA center was closed in 1995.
    The IG issued an audit report in February 1997 on the MBDA
grant with Cordoba to run the L.A. MEGA Center, concluding that
Cordoba owed the government $222,756. After reviewing MBDA's
response to the audit report's findings and recommendations,
the Committee wrote to express strong concerns about MBDA's
response and urged the Department to accept all of the IG's
findings and implement all of the report's recommendations.
According to the Department, on February 13, 1998, the
Departmental Audit Resolution Determination of the Cordoba
Corporation award determined that Cordoba owed the Federal
government $50,400. After Cordoba appealed this determination,
the Department revised the debt to $19,407. Cordoba has entered
into a repayment plan and has paid $5,000 thus far.
    The Committee also wrote to the Department in June 1997 to
express concerns about an upcoming Department-funded trade
mission to Honduras. The trip was being organized by a MBDA
grantee. According to the mission itinerary obtained by the
Committee, the mode of transportation to Honduras included a
three-day cruise aboard a luxury liner. The itinerary indicated
only one day of scheduled business in Honduras. In addition, it
appeared that MBDA was subsidizing a significant portion of the
mission costs for its private sector participants. After
receiving the Committee's letter, the Department canceled the
trip and indicated that the mission was to be ``rescheduled and
redesigned.''

Advanced Technology Program

    The Committee also began a review of the Department's
Advanced Technology Program (ATP), which is administered by the
National Institute of Standards and Technology (NIST). The
Omnibus Trade and Competitiveness Act of 1988 (Public Law 100-
418, codified at 15 U.S.C. 278n) established the ATP for the
purpose of funding new high-risk, pre-competitive technologies
that are not being adequately developed by private capital
markets. On July 2, 1997, the Commerce Committee Chairman,
along with the Chairman of the Senate Government Affairs''
Subcommittee on Government Management, Restructuring and the
District of Columbia requested GAO to conduct a detailed review
of the ATP. GAO released the report, titled Federal Research
Challenges to Implementing the Advanced Technology Program
(GAO/RCED/OCE-98-83R), in March of 1998. While noting that
``the program's recently revised regulations appear to be more
closely ties to addressing the underlying economics of market
failure than they have been in the past . . . Significant
challenges remain in connection with NIST's ability to identify
the projects in which market failure has occurred.''
    In July of 1997, the Commerce Department issued a report,
Strengthening the Commerce Department's Advanced Technology
Program: An Action Plan in response to the Committee's
investigation. This plan outlined several proposed changes to
the operation and policies of ATP including encouraging State
participation, placing greater emphasis on joint ventures and
consortia, increasing the cost-share ratio of Fortune 500
corporations.
    The Committee again wrote to Secretary Daley to request
information and documents relating to the Department's
implementation of the program. The Committee intends to
continue to review this program in the 106th Congress.

United States Trade Representative

    In August 1998, the Committee began an inquiry into certain
aspects of the 1996 U.S.-Japan Insurance Agreement.
Specifically, the Committee was informed that the United States
Trade Representative had entered into a secret ``private
minute'' with respect to the Agreement. This minute was not
signed, dated nor initially publicly disclosed. The USTR argued
that this was a practice frequently used during negotiations.
The Committee's inquiry seeks to determine the manner in which
this private minute was developed and agreed to and the
appropriateness of entering into such an agreement. The
Committee is reviewing documents and interviewing individuals
involved in the matter. The Committee intends to continue this
review in the 106th Congress.

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO THE DEPARTMENT OF
                                 STATE

                        Investigative Activities

Satellite Privatization

    On March 31, 1998, the Chairman wrote to the Secretary of
State to inquire about the Administration's views on whether
legislative authorization is necessary in order for the U.S.
government to agree to and implement Inmarsat's plan for
privatization. The Chairman also requested the Administration's
assessment of whether the restructuring of INTELSAT raises any
questions of consistency with U.S. law. While the Department of
State did send a letter replying to the Chairman's letter on
April 16, 1998, it failed to produce the requested analyses.
During May 1998, the Committee initiated an inquiry into the
Department of State's failure to provide the requested
analyses. During the course of this investigation, the Chairman
wrote to the Secretary of State, the Attorney General, Chairman
of the Federal Communications Commission (FCC) and Secretary of
Commerce, requesting documents related to the Department of
State's analyses of the two questions posed in his original
letter of March 31, 1998. The Chairman also sent a document
request to Edwin I. Colodny, Chairman, Comsat Corporation
(Comsat). Comsat is a government-established private
corporation which serves as the U.S. signatory to the Inmarsat
and INTELSAT agreements.
    Because the Department of State declined to produce all the
responsive documents during its initial response on July 1,
1998, the Chairman issued a Subpoena Duces Tecum to the
Secretary of State on July 14, 1998, to compel production of
the documents in question. The Department of State complied,
producing the documents on July 21, 1998. Document requests
related to this investigation which were made to entities other
than the Department of State received timely responses.
    The Committee's inquiry into the Department of State's
initial failure to provide the requested analyses also included
interviews with officials from the FCC and Departments of State
and Commerce. Information gained through these interviews and a
review of the documents provided indicates that Department of
State lawyers viewed implementing legislation as a likely
prerequisite to U.S. acceptance of the Inmarsat privatization
plan. A review of the Inmarsat-related records produced clearly
demonstrates that Department of State lawyers identified the
probable need for implementing legislation as early as May
1997. However, despite this view, the Department of State
failed to make any legislative proposals in a practicable time
period. Moreover, on August 28, 1998, the Department of
Justice's Office of Legal Counsel submitted a legal opinion to
the Department of State concluding that implementing
legislation is necessary in order for the U.S. Government to
agree to and implement the Inmarsat plan for privatization.
Finally, records show that the Department of State was
considering non-legislative alternatives as late as the fall of
1998.
    The Department of State's failure to ensure that any
Inmarsat privatization plan be supported domestically by the
required duly-enacted statutory authority may threaten U.S.
leadership in international telecommunications policy. Because
Inmarsat currently is scheduled to begin privatization in April
1999, and no corresponding legislation was passed during the
105th Congress, the Committee remains concerned regarding this
matter and will continue its investigative inquiry in the hope
of ensuring that the United States will have enacted the proper
statutory authority if and when Inmarsat privatization does
occur.

 HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO THE ENVIRONMENTAL
                           PROTECTION AGENCY

                                Hearings

 review of epa's proposed ozone and particulate matter naaqs revisions
 (apr. 10, 1997, apr. 17, 1997, may 1, 1997, may 8, 1997, and may 15,
  1997) and implementation of the clean air act national ambient air
 quality standards (naaqs) revisions for ozone and particulate matter
                           (october 10, 1997)

    On December 13, 1996, EPA proposed revisions to the
national ambient air quality standards (``NAAQS'') for ozone
and particulate matter. The Subcommittee on Health and
Environment and the Subcommittee on Oversight and
Investigations held five joint hearings on EPA's proposed
revisions, and one joint hearing on the final revised NAAQS
that EPA issued on July 18, 1997. These joint hearings explored
uncertainties in the scientific bases for EPA's revisions and
identified significant concerns that had been raised by the
Department of Energy, Department of Commerce, and other Federal
agencies. The Subcommittees also heard State and local elected
officials express concern regarding EPA's proposed
implementation scheme for the revised standards.
    The Subcommittees' first hearing, on April 10, 1997,
focused on the scientific bases for the proposed revisions. The
Subcommittees received testimony from a scientific expert panel
consisting of the current and four former chairmen of the Clean
Air Scientific Advisory Committee established under the 1990
amendments to the Clean Air Act. These scientists testified
that, in many cases, the scientific assumptions used by EPA
were subject to uncertainty and that the new standards relied
primarily on epidemiological associations from a limited number
of studies using data that had not been released for review by
other scientists. The Committee demanded that EPA release the
data. As a result of the Committee's efforts, an independent
scientific review panel is now reviewing these key studies. The
results of that analysis will be used in EPA's next scheduled
5-year review of the revised standards.
    On April 17, 1997, the Subcommittees held a joint hearing
on Development of the Regulatory Impact Analysis for EPA's
Proposed Revisions. The Subcommittees received testimony from
Sally Katzen, Administrator, Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), and
from Mary D. Nichols, Assistant Administrator for Air and
Radiation, EPA. These officials testified regarding serious
questions raised by OMB, the Departments of Energy and
Commerce, and other Federal agencies during the internal
regulatory review of EPA's proposed revisions.
    On May 1, 1997, the Subcommittees held a joint hearing on
Perspectives of State and Local Elected Officials. The
Subcommittees received testimony from an expert panel of State
and local elected officials on impacts associated with EPA's
proposed standards and questions as to the legal authority for
EPA's proposed implementation scheme. On May 8, 1997, the
Subcommittees held a hearing and received testimony from an
expert panel regarding the Health Effects of Ozone and
Particulate Matter. On May 15, 1997, the Subcommittees held a
joint hearing to receive testimony from EPA Administrator Carol
M. Browner regarding the proposed revisions and certain adverse
views expressed by other Federal agencies.
    On July 18, 1997, EPA published the final revisions to the
NAAQS for ozone and particulate matter. Accompanying those
final rules was a July 16, 1997, Memorandum from the President
to the Administrator of the EPA regarding Implementation of
Revised Air Quality Standards for Ozone and Particulate Matter.
Based largely on issues raised during the five joint
Subcommittee hearings, the Memorandum outlined an alternative,
less burdensome approach for implementation of the revised
standards.
    On October 1, 1997, the Subcommittees held a joint hearing
on Implementation of the Clean Air Act NAAQS Revisions for
Ozone and Particulate Matter. The Subcommittees received
testimony from EPA Administrator Carol M. Browner on EPA's
legal authority for the alternative implementation scheme. The
Subcommittees also received testimony on implementation from an
expert panel of State and local officials and representatives
of small businesses subject to the revised standards. Because
the legal authority for EPA's alternative implementation scheme
remained uncertain, Congress resolved the ambiguity by
incorporating certain elements of the alternative
implementation scheme in the Transportation Equity Act for the
21st Century, Public Law 105-178, discussed elsewhere in this
report.

the federal-state relationship: a look into epa regulatory reinvention
                                efforts

    On November 4, 1997, the Subcommittee on Oversight and
Investigations held a hearing looking into EPA's regulatory
reinvention efforts. This hearing examined EPA's efforts to
work with the States in developing programs aimed at providing
States and industry with flexible and alternative approaches to
achieve optimum environmental protection in the face of limited
resources. EPA acknowledged, in a 1997 GAO report, that
resolving future environmental challenges would require a
fundamentally different approach than used in previous years.
The Agency called this new approach ``regulatory reinvention.''
    The hearing examined EPA's regulatory reinvention efforts,
including the Common Sense Initiative (CSI), Excellence in
Leadership Program (Project XL), and an agreement negotiated
between EPA and the Environmental Council of States (ECOS)
which was aimed at ``establishing a clear pathway and decision
making process for State innovations that ha[d] encountered
Federal barriers.'' The CSI program, considered the cornerstone
of EPA's regulatory reinvention efforts, has the goal of
finding cleaner, cheaper, smarter ways of reducing or
preventing pollution and recommending changes in the existing
approach to environmental management on a sector-wide approach.
Project XL, on the other hand, was designed to engage
industries on a company-by-company basis to try to reach an
agreement which would achieve better environmental compliance
while providing the companies more flexibility in their
environmental compliance activities.
    Testimony was received from representatives of the
Administration, Government Accounting Office (GAO) and State
environmental officials. EPA testimony was supportive of the
goal of cleaner, cheaper and smarter approaches to
environmental protection, but testimony from some State
witnesses suggested that the Agency's practices were
obstructing States from implementing programs which would have
resulted in significant pollution reductions.

       the federal-state relationship: environmental self audits

    On March 17, 1998, the Subcommittee held a second hearing
on the Federal-State relationship. The hearing examined EPA's
response to State environmental audit programs, focusing on the
following four primary issues: (1) whether environmental audits
promote better environmental compliance; (2) the extent to
which State and Federal audit programs encourage better audit
practices; (3) the effect EPA practices have had on self audit
programs and how States and the Federal government should work
together to encourage self audits; and (4) whether State audit
programs lack the minimum statutory and regulatory required
criteria necessary for delegated authority of environmental
programs. Testimony was heard from representatives of the EPA,
State officials, academia and the regulated community.
    Environmental audit reports are usually comprehensive self-
evaluations containing not only the underlying data indicating
whether or not there was an environmental violation, but also
confidential internal company discussions (legal analysis,
opinions, suggested corrective actions, etc.) pertaining to the
findings of the audit and how best to address them. Because of
the candid nature of the assessments contained in the audit
reports, regulated interests expressed concerns that these
reports could be used by EPA to bring civil actions, determine
intent in criminal suits, or be used by outside groups
unfairly. The regulated community felt that since they were
voluntarily disclosing this information, they should be
afforded some protection.
    Currently, more than 22 States have enacted their own self-
audit laws, but EPA has warned some States that their
delegation to run Federal environmental programs may be
threatened because of these laws. EPA proposed its own Federal
audit policy which would offer penalty mitigation at the
discretion of the agency and an assurance that the Agency would
not ``routinely request audit reports.''
    Critics of the State self-audit legislation argued that the
immunity and privilege provisions of State audit legislation
prevents States from properly enforcing Federal environmental
statutes and shields bad actors. Meanwhile, the regulated
community contended that the discretion and uncertainty of the
Federal policy made it insufficient to encourage self audits.
    Witness testimony revealed instances where companies that
had utilized State self-audit laws had received lengthy and
burdensome requests for information from EPA, at least implying
that EPA was considering ``over-filing'' on them.

        states' alternative environmental compliance strategies

    On June 23, 1998, the Subcommittee on Oversight and
investigations held a third hearing examining the Federal-State
relationship. This hearing focused on a General Accounting
Office report entitled Environmental Protection: EPA's and
States' Efforts to Focus State Enforcement Programs on Results
(RCED-98-113), which was requested by the Committee and
released at the hearing. The GAO report analyzed the success of
States and the Agency to evaluate the effectiveness of State
environmental enforcement programs based on outcome-oriented
results, e.g. actual environmental improvements, instead of the
traditional measures of enforcement actions taken and fines
assessed. Testimony was heard from representatives of EPA, GAO
and State officials.
    In the report, GAO highlighted two major areas of concern.
First, EPA needs to deliver a more consistent message to the
States regarding alternative compliance strategies. GAO noted
that ``inconsistencies most frequently identified [by State
environmental officials] were between EPA headquarters and
regional offices; among the EPA's headquarters offices with key
enforcement responsibilities; and between EPA management and
lower-level staff.'' These inconsistencies made it difficult
for States to pursue alternative compliance programs
effectively. Second, the report cited the need for EPA to work
with States to develop new alternative compliance program
measures.
    States experimenting with alternative compliance strategies
often find they must divert significant resources away from
traditional enforcement efforts in order to implement and
assess the new programs. Meanwhile, because these new programs
emphasize compliance over enforcement, their effect may lead to
a cleaner environment, but a drop in traditional enforcement
numbers leaves the experimenting State open to criticism from
both EPA and the media. GAO recommended that EPA work with the
States to overcome some of the technical barriers associated
with developing new methods for measuring the effectiveness of
alternative compliance programs.

  the environmental protection agency's title vi interim guidance and
                      alternative state approaches

    In February 1998, EPA issued the Interim Guidance for
Investigating Title VI Administrative Complaints (``Interim
Guidance'') setting out how the Agency will decide
``environmental justice'' claims filed against State
environmental departments. These environmental justice claims
allege that a specific State environmental permitting action
discriminated against minority groups. Many State government
organizations such as the National Governors' Association, the
U.S. Conference of Mayors, and the Environmental Council of the
States complained that EPA should have consulted with States,
local governments, and other stakeholder on this important
issue and that the Interim Guidance will hurt urban
revitalization and the cleanup of contaminated ``brownfields.''
    Committee staff met with EPA staff on three separate
occasions, first on October 1, 1997, and then again on February
18 and April 27 of 1998, to discuss EPA's environmental justice
policy, and more specifically the development of the Interim
Guidance.
    On August 6, 1998, the Subcommittee on oversight and
Investigations held a hearing on EPA's interim guidance at
which EPA heard the States' concerns and committed to work with
States in a review of the interim guidance. EPA officials
acknowledged in testimony, ``were we to start this process all
over again, . . . we would clearly recognize stakeholder input
earlier in the process . . .''.
    Concerned that the interests of States and municipalities
were not being adequately addressed on such an important policy
matter, Chairman Bliley sent a letter to the EPA on October 26,
1998, suggesting the only method of policy development which
would provide the level of participation and transparency
necessary to address the valid concerns of States and
stakeholders would be the use of the all inclusive,
participatory measures afforded by notice and comment
rulemaking under the Administrative Procedure Act.

                        Investigative Activities

Drycleaners and Perchloroethylene

    In the 104th Congress, the Subcommittee on Oversight and
Investigations held a hearing on the problems facing the dry-
cleaning industry in complying with environmental regulations,
specifically the costs of cleanup efforts associated with the
use of perchloroethylene (PERC), the primary solvent used in
dry-cleaning processes. One of the main issued raised in the
hearing was the lack of a cleanup standard for PERC in soils
and the inappropriate application of a more stringent non-risk-
based Safe Drinking Water Act standard.
    In response to this problem, Chairman Barton introduced
H.R. 1711, the Small Business Remediation Act of 1997, in the
House on May 22, 1997. H.R. 1711 requires the maximum level of
remediation of dry cleaning solvents (including PERC) in soil,
surface water, groundwater, and other environmental media that
a Federal, State, local agency, or court may require of a
person engaged in dry cleaning, or of the owner of land or a
facility in which such a person is conducting dry cleaning, to
be one-tenth the equivalent exposure of the workplace standard
for such solvents established by the Secretary of Labor under
the Occupational Safety and Health Act of 1970.
    On October 1, 1998, Chairman Barton and Committee staff met
with EPA officials and representatives of the dry-cleaning
industry to discuss the issue in more detail and find out what
progress the Agency has made in establishing a risk-based
cleanup standard for PERC in soils. The Subcommittee will
continue to follow EPA's efforts and plans to meet with Agency
officials again next session to discuss the status of the
Agency's PERC studies.

Ethylene Oxide Thermal Oxidizers

    In July 1997, the Subcommittee initiated an inquiry into
EPA's mandate of the use of ``thermal oxidizers'' by commercial
ethylene oxide sterilization and fumigation facilities to treat
and destroy the toxic gas. The final rule mandating the use of
thermal oxidizers by commercial ethylene oxide sterilization
and fumigation facilities was promulgated by EPA on December 6,
1994 (40 C.F.R. Parts 9 and 16) and, according to a June 18,
1997 EPA Federal Register notice, approximately 114 companies
were required to install these thermal oxidizers by December 6,
1997 (62 Fed. Reg. 33068).
    On August 7, 1997, Chairman Bliley sent a letter to EPA
expressing concern over four separate explosions in plants
using the EPA-mandated thermal oxidizers, and the Agency's slow
response in suspending the thermal oxidizer mandate. In the
letter, the Chairman requested that EPA take all necessary
steps to ensure the preservation of all documents related to
this issue so that they would be available in the event that
subsequent Committee review may be necessary.
    Also in August 1997, Committee staff was briefed by EPA
staff regarding explosions that had occurred at four separate
facilities utilizing the ethylene thermal oxidizers. On August
7, 1997, Chairman Bliley sent a follow-up letter to EPA
expressing concern over the explosions in plants using the EPA
mandated thermal oxidizers, and the Agency's slow response in
suspending the thermal oxidizer mandate. In the letter, the
Chairman requested that take all necessary steps to ensure the
preservation of all documents related to this issue so that
they would be available in the likelihood that subsequent
Committee review may be necessary.

Regional Structure and the State/Federal Relationship

    In October 1997, the Committee initiated an inquiry
regarding the Environmental Protection Agency's (EPA's) long-
standing regional structure. On October 24, 1997, the Chairman
sent a letter of inquiry and document request to the
Administrator of the EPA to learn whether the Agency's regional
structure is serving to promote superior levels of
environmental protection in an era when the States increasingly
are responsible for day-to-day environmental protection. The
Committee was concerned that the EPA's decentralized regional
structure may not be the most efficient and effective method
for the EPA to interact with the States, since it is EPA's ten
regional offices which deal directly with the States, and
operate with varying degrees of autonomy and flexibility in
implementing Federal law.
    On December 15, 1997, Fred Hansen, Deputy Administrator,
EPA, responded to the Chairman's letter, providing
approximately 35,000 pages of documents to help explain the
EPA's present organizational structure and the underlying
rationale behind that structure. Deputy Administrator Hansen
stated that providing the EPA's regions with increased
flexibility to respond to the needs of individual States
required fundamental reinvention of how EPA performs many of
its most basic functions. The Committee continues to review the
regional structure and will continue to monitor this issue in
the 106th Congress.
    In early 1998, highly questionable spending practices in
EPA's Region V Office came to the attention of this Committee.
Specifically, the Committee learned that, in the last few weeks
of fiscal year 1997, Region V employees spent $1.6 million in
Superfund enforcement dollars on computer, audio-visual, and
other electronics equipment. EPA employees called it the ``FY97
Superfund Enforcement Dollars Spending Spree! Christmas In
September.'' This amount represented more than one quarter of
the Region's total Superfund enforcement budget. The Committee
calculated that at least 14 cleanups, protecting the health of
the nation's children, could have been undertaken had this
money been appropriately allocated. This kind of waste of
taxpayer dollars has been and will remain a primary focus of
the Committee's oversight activities in the 106th Congress.
    During April of 1998, the Committee initiated in inquiry
into the EPA's State Voluntary Cleanup Program as part of its
more general inquiry into the EPA's regional structure. Under
this program, the EPA empowered its Regions to negotiate
Voluntary Cleanup Program Memoranda of Understanding (MOA) with
individual States. These agreements provide parties engaged in
the cleanup of certain hazardous substance-contaminated sites a
limited immunity from future Federal enforcement action, which
in turn encourages the parties to incur the risk of cleaning up
these contaminated sites. On May 12, 1998, the Chairman sent a
document request to the Administrator of the EPA to learn about
recent changes in the EPA's policy regarding this program. The
Committee was concerned because the EPA proposed, and then
withdrew, its ``Final Draft Guidance for Developing Memoranda
of Agreement Concerning State Voluntary Cleanup Programs.'' The
Committee was interested in learning how, in the absence of
this guidance, EPA and its Regions were negotiating with
individual States on the establishment of Voluntary Cleanup
Program MOAs, and how implementation issues were being handled
by the Agency.
    Timothy Fields, Jr., Acting Assistant Administrator for the
Office of Solid Waste and Emergency Response, EPA, responded to
the Chairman's document request on June 22, 1998. The EPA
provided Headquarters and Regional documents in response to the
request. Committee staff have reviewed the documents and the
Committee will continue to monitor developments in this area.
    As part of its more general inquiry into the EPA's regional
structure, the Committee held hearings on November 11, 1997,
March 17, 1998, June 23, 1998 and August 6, 1998. These
hearings have been addressed in another section of this report.

The Environmental Protection Agency--Mercury Exposure Standards

    On March 23, 1998, the Chairman of the Commerce Committee
and Congressman Tom Coburn sent letter to Donna Shalala, the
Secretary of the Department of Health and Human Services and to
William Daley, the Secretary of the Department of Commerce to
request information regarding interagency activity with regard
to two studies conducted by the Environmental Protection Agency
(EPA): (1) a mercury study released on December 19, 1997,
pursuant to section 112(n)(1)(B) of the Clean Air Act, as
amended in 1990 (CAAA); and (2) a study of emissions from
Electric Utility Steam Generating Units pursuant to
112(n)(1)(A) of the CAAA. In the letters the Committee raised
concerns about the inadequacy of the scientific basis of EPA's
Mercury Report to Congress. In particular, the Committee
expressed concern about the need for EPA to take into account
recent studies being conducted in the Faroes and the Seychelle
Islands in order to have an accurate scientific basis to
determine whether to regulate Electric Utility Steam Generating
Units for mercury and other hazardous air pollutants.
    On August 24, 1998, the Office of Science and Technology
Policy (OSTP) announced an interagency workshop on ``Scientific
Issues Relevant to Assessment of Health Effects from Exposure
to Methylmercury'', scheduled for November 18, 1998. On
December 7, 1998, EPA representatives briefed committee staff
about the interagency workshop and about the Agency's efforts
to monitor mercury emissions from electric steam generating
units. The Committee is continuing its inquiry to ensure that
EPA's determination whether to regulate Electric Utility Steam
Generating Units is made on the basis of sound science, and in
compliance with the Clean Air Act amendments of 1990, which
also stipulate that the National Institute of Environmental
Health Sciences has the responsibility to determine the
threshold level of mercury exposure below which adverse human
health effects are not expected to occur.

Sector Facility Indexing Project

    In April 1998, the Committee initiated an inquiry into the
Environmental Protection Agency's (EPA's) Sector Facility
Indexing Project (SFIP), an EPA initiative to makes a variety
of data about individual facilities within five industrial
sectors available to the public via the Internet. The
industrial sectors addressed are automobile assembly, pulp
manufacturing, petroleum refining, iron and steel production,
and the primary smelting and refining of nonferrous metals. In
response to the Committee's inquiry, EPA officials briefed
Committee staff on the program. On April 29, 1998, the Chairman
sent a letter to the Administrator of the EPA requesting
information about the source of the data, whether the data was
altered or standardized to accommodate data integration, and
whether the comments of facilities reporting the data were
incorporated in supplementary material explaining the
significance of specific data. On May 20, 1998, Steve Herman
Assistant Administrator for the Office of Enforcement and
Compliance Assistance responded to the Chairman's letter. On
May 22, 1998, EPA officials briefed Committee staff and other
House of Representative's staff on the project. The Committee
intends to continue monitoring the program as it develops in
the 106th Congress.

EPA Placing Disaster Data on the Internet

    On May 5, 1998, the Committee initiated an inquiry into
matters concerning the Environmental Protection Agency's
planned management of industrial facility information collected
under a provision of the Clean Air Act (CAA) when Subcommittee
staff was briefed by EPA officials on the matter.
    The Clean Air Act Section 112(r), 42 U.S.C. Sec. 7412(r),
required EPA to implement a program focused on the prevention
of chemical accidents. To meet this obligation, EPA published
its final ``Risk Management Program'' rule on June 20, 1996. 61
Fed. Reg. 21688. Among other things, that rule will require
approximately 66,000 facilities nationwide to send EPA a ``Risk
Management Plan'' (RMP) containing detailed identification of
potential accidental chemical release points and an estimate of
the damage and injuries that could result from an absolute
worst-case scenario data, otherwise known as offsite
consequence analysis (OCA) data. It is undisputed that the
information contained in each facility's RMP would make it
easier to design a terrorist attack against that or a similar
facility and to maximize the impact of such an attack. At the
May 5 meeting, EPA staff confirmed that it was the Agency's
preference to make all information collected in the RMPs
available on the Internet.
    On August 7, 1998, Committee staff met with industry
representatives and security consultants to collect additional
information and further discuss the potential threats posed by
publishing certain sensitive portions of the data collected in
the RMPs on the Internet. Committee staff met with EPA
officials for a second time on September 10, 1998, to ascertain
the status of the Agency's proposal to publish all information
collected in the RMP on the Internet. At this briefing, EPA
officials mentioned a number of alternatives which involved
using ``speed bumps'' or other electronic security measures to
control access to the data. On September 15, 1998, Committee
staff met with FBI officials to discuss the extent to which the
Bureau was consulted and included in the development of EPA's
proposal for Internet publication of the RMP data.
    On September 17, 1998, the Chairman of the full Committee
wrote to Director Freeh of the FBI asking for the Bureau's
assessment of the risks presented if EPA were to proceed with
its plans to place this sensitive information on the Internet.
In its response dated October 9, 1998, the FBI stated that
``[p]ublishing of the Offsite Consequence Analysis (OCA) data
of the Risk Management Plans (RMP) on the Internet would
provide a targeting tool for a person planning a terrorist or
criminal act,'' and went on to note the FBI had determined the
inclusion of ``speed bumps'' to be ``an ineffective means of
protecting the information.'' The FBI response outlined the
following three alternatives to Internet distribution: (1)
Internet publication of the RMPs, minus OCA data; (2) all RMP
data available to State and local officials through a closed
computer system; and (3) a compact disk (CD) of RMP data, less
any contact or identifying information, made available to
researchers and environmental organizations. Additionally, the
October 9 FBI response highlighted the fact that
``environmental groups have stated they will acquire the
information and disseminate [it] over their web sites if EPA
does not provide the information in its entirety over the
Internet.''
    Meanwhile, Committee staff worked with Appropriations
Committee staff to insert language into the Fiscal Year 1999
VA-HUD Appropriations bill, Public Law 105-276: (1) urging that
EPA continue to work on this issue in close consultation with
the FBI; (2) requiring that FBI submit to Congress no later
than December 1, 1998, a written report containing the Bureau's
recommendations for appropriate methods of public
dissemination; and (3) directing EPA to provide Congress with
monthly updates of its progress in working with the FBI and
other Federal agencies to develop appropriate RMP protocol
guidelines.
    On October 26, 1998, Chairman Bliley sent a letter to EPA
inquiring about the Agency's plans for handling the information
under its Risk Management Program in light of concerns
expressed by FBI in its letter to the Chairman. On November 20,
1998, EPA produced to the Committee certain records in response
to Chairman's Bliley's October 26, 1998 letter. Subcommittee
staff is in the process of reviewing these documents and the
matter remains an open inquiry.

Maximum Achievable Control Technology Standard for Hazardous Waste
        Combustors

    In the 105th Congress, the Subcommittee on Oversight and
Investigations continued its review of EPA's implementation of
the Clean Air Act Amendments, focusing on the regulation of
Hazardous Air Pollutants (HAPs) under Title III. Title III of
the Clean Air Act amendments of 1990 substantially rewrote and
expanded existing law governing the regulation of HAPs by
establishing a new standard based on ``Maximum Achievable
Control Technology'' (MACT). On June 19, 1998, Representatives
Barton, Dingell, Klink and Gillmor sent a letter to EPA
regarding the Clean Air Act MACT rulemaking for hazardous waste
combustors (HWCs). In their June 19 letter, the Representatives
expressed concern that EPA's proposal of the HWC MACT standard
may not be based on existing technology in uses in the
industry, and thus not achievable as required by the 1990 Clean
Air Act Amendments. The June 19 letter was followed up with
several telephone conversations between Committee and EPA staff
as well as a meeting between Committee staff and EPA Office of
Solid Waste staff on August 14, 1998.
    EPA produced the requested information and documents in a
September 11, 1998 response. In its response, EPA noted that
certain technologies--particulate matter continuous emission
monitors (PM CEMs)--were not ``being used in practice on
boilers and industrial furnaces, including cement kilns, in the
United States.'' The Agency's response also included a copy of
EPA's regulatory impact analysis (RIA) for the HWC MACT
proposal.
    This remains an open inquiry with the Committee staff
reviewing the documents and determining what additional
Committee action may be necessary.

    HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO THE FEDERAL
                       COMMUNICATIONS COMMISSION

                                Hearings

 the circumstances surrounding the federal communications commission's
                   planned relocation to the portals

    In late 1997, the Subcommittee on Oversight and
Investigations began to investigate the circumstances
surrounding the Federal Communication Commission's planned
relocation to the Portals building. The initial investigation
was based on allegations of political favoritism in return for
campaign contributions to various Democratic political groups,
as well as concern that Franklin L. Haney, a partner in the
Portals building, had paid Peter Knight, one of his
representatives, an unlawful $1 million contingency fee to
assist in obtaining a Federal lease for the Portals building.
The investigation was later expanded to review Portals-related
fee arrangements between Mr. Haney and James Sasser, a former
U.S. Senator and current U.S. Ambassador to the People's
Republic of China, and between Mr. Haney and John Wagster,
another of Mr. Haney's representatives. They were paid $1
million and $500,000 by Mr. Haney, respectively.
    The Committee requested and reviewed documents from the
Federal Communications Commission (FCC) and the General
Services Administration (GSA), which had signed the lease for
the Federal government, and various other parties. The
Committee also interviewed numerous government officials
involved in the project. Because Mr. Haney, his various
corporate entities, and his private representatives refused to
provide documents voluntarily, the Committee issued subpoenas
duces tecum for those materials, and held Mr. Haney in contempt
of Congress on June 24, 1998, for his failure to comply with
those subpoenas. Mr. Haney subsequently provided all responsive
documents.
    As part of its investigation, the Subcommittee on Oversight
and Investigation held a series of hearings, on August 4,
August 7, September 10, September 15, September 17, October 6,
and October 9, 1998. The Members of the Subcommittee questioned
Mr. Haney, Mr. Knight, Mr. Sasser, and Mr. Wagster about their
involvement in the Portals project and their fee arrangements.
The Subcommittee also questioned other participants in the
financing and leasing of the Portals building, as well as
members of Mr. Knight's law firm, about their knowledge of or
involvement in the project and the $1 million payment to Mr.
Knight. Finally, the Subcommittee concluded the series of
hearings with representatives of the FCC and GSA who were
involved in the lease negotiations and the decision to move to
the Portals. The witnesses included the former chairman of the
FCC, Reed Hundt, as well as Mr. Robert Peck, who worked at both
the FCC and GSA during the time in question.
    Based on the evidence gathered by the Committee, Mr. Bliley
and Mr. Barton directed Committee staff to prepare a report,
entitled Report on the Portals Investigation and Related
Matters: Evidence Warranting Further Action by Federal Law
Enforcement Authorities, which was referred to the Department
of Justice in December 1998 for appropriate action.

                        Investigative Activities

DEMS (Digital Electronic Message Service)

    On March 14, 1997, the Federal Communications Commission
(FCC) summarily issued an order in which it reallocated 400 MHz
in the 24 GHz band for so-called digital electronic message
service (DEMS). The same order also summarily modified the 18
GHz DEMS licenses to provide each licensee with four times as
much spectrum in the 24 GHz band as provided for in the 18 GHz
band. The frequencies that were allocated by the FCC and
assigned to the current DEMS licensees consisted of spectrum
that the National Telecommunications and Information
Administration (NTIA) had made available for non-government
users. Moreover, this significant rulemaking was conducted
without any opportunity for public comment, under a claim of
national security. The Committee wrote to the FCC to express
its concern and to request further information. After receiving
the requested documents, Committee staff reviewed them and
conducted numerous interviews. Then on July 28, 1998, Chairman
Bliley wrote FCC Chairman William Kennard, questioning the
propriety of such an order and expressing the Committee's
concerns over the re-allocation of a valuable resource like
spectrum in such a manner without the benefit of input from any
interested public parties as well as the fact that they by-
passed normal operating procedure without any apparent reason
other than an ambiguous claim of national security concerns.
The Committee's review focused particularly on whether the
Commission handled the DEMS matter with the transparency that
law and public policy require and the Commission's apparent
attempt to manufacture a national security rationale in order
to justify bypassing traditional notice and comment rulemaking.
The Committee was also very concerned by the lack of
accountability of the Commission's personnel with respect to
this important procedural decision. The Congress recognizes
that an agency's judgment can be only as good as the
information upon which it draws, and the specified notice and
comment procedures are there to ensure that the broadest base
of information is provided to an agency by those most
interested and best informed on the issue.

BellSouth's Application for Entry into the Long Distance Market

    The Committee examined whether BellSouth engaged in
inappropriate behavior with regard to its application before
the Federal Communications Commission (FCC) for in-region long
distance entry, as it relates to its challenge to the FCC's
order relocating the DEMS. The Committee was concerned that
BellSouth was not acting in good faith in its dealings with
DEMS licensees, specifically Teligent. A Wall Street Journal
article reported that BellSouth ``offered to drop a legal
challenge to Teligent Corp.'s FCC licenses if the start-up
local phone company would support its long distance
application.'' BellSouth's attempt to garner misleading support
for its application through persuasion and threatened legal
action was a cause of serious concern for the Committee. The
Committee reviewed internal BellSouth documents that supported
at least the appearance of impropriety. In letters to BellSouth
and the FCC, the Committee related its concerns about both
BellSouth's actions and the in-region application process as a
whole. The Committee further expressed its fear that other
companies could either offer an incentive or threaten a
negative consequence to other companies in order to get those
companies to support their application to the FCC.

The Federal Communications Commission's Implementation of the Universal
        Service portion of the Telecommunications Act of 1996

    Since November 1997, the Committee has been investigating
the Federal Communications Commission's (FCC) implementation of
the schools and libraries provision (Section 254) of the
Communications Act regarding universal service. What began as a
simple inquiry to determine whether telephone rates would
increase as a result of the FCC's decisions quickly led to an
investigation of the propriety of communications between and
among the FCC, the Administration (and in particular, the
Office of the Vice President) and long distance companies.
After extensive review of the documents submitted to the
Committee and interviews with representatives of the FCC,
Administration, and long distance companies, the Committee
remains concerned that the FCC may have inappropriately
pressured and threatened long distance companies not to recover
the cost of the schools and libraries program from residential
consumers for at least six months. The Committee intends to
closely monitor the implementation of this program in the 106th
Congress.
    Section 396(e)(1) of the Communications Act of 1934
prohibits CPB from compensating its officers or employees at an
annual rate of basic pay for Level 1 of the Executive Schedule.
Section 396(k)(9) prohibits the Corporation for Public
Broadcasting (CPB) from distributing public funds to the Public
Broadcasting Service (PBS) and National Public Radio (NPR)
unless assurances are provided to CPB that PBS and NPR are
compensating their officers and employees at an annual rate of
pay that does not exceed the rate of pay for Level 1 of the
Executive Schedule. Based on a press report, the Committee
became concerned that in recent years PBS and NPR may have
distributed compensation that exceeded the salary cap.
Specifically, the news report indicated that PBS paid the
following bonuses to certain PBS officers: $28,950; $30,700;
$32,410; $25,910; and $23,945. The Committee was concerned that
these large bonuses were an effort to circumvent the Section
396 salary cap and also had concerns about the size of these
bonuses.
    The Committee wrote to CPB, NPR, and PBS to express its
concerns and to request information relating to the payment of
compensation. CPB, PBS, and NPR assured the Committee in
writing that they were in compliance with the statutory
provisions regarding the salary caps. In its response, CPB
stated that the payment of ``bonuses are not prohibited by the
Act, so long as they are unexpected, unusual or extraordinary,
even if they otherwise exceed the Section 396 salary caps. CPB
assured the Committee that it was satisfied that PBS and NPR
had complied with the relevant statutory provisions on payments
to officers.
    Notably, in its response to the Committee's request for
information, PBS disclosed that in 1996 six officers or
employees had received total compensation (including base
salary, bonuses or other supplemental pay) that exceeded the
salary cap. In fact, those six officers all received bonuses of
more than $23,000, with the PBS President and CEO receiving a
bonus of $45,000. PBS also disclosed that, in 1997, four PBS
officers received total compensation that exceeded the salary
cap, with the PBS President and CEO receiving a $37,000 bonus.
It should be noted that from 1990 to 1996, PBS did not have any
instances in which an officer received total compensation in
excess of the salary cap. From 1979 through 1989, there were a
total of only six instances in which an officer received total
compensation in excess on the salary cap. (One officer in 1982,
1983, 1989 and 1990; two officers in 1986). Despite the
substantial increase in the number of people whose total
compensation exceeded the salary cap, PBS assured the Committee
that it was not attempting to circumvent the salary cap and
that these bonuses were for exceptionally meritorious
performance. PBS also informed the Committee that it did not
expect to have any instances in 1998 in which PBS employees or
officer's total compensation exceeded the salary cap.
    Section 701 of Title VII of section 101(g) of Division A of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999, amended section 396(k)(9) of the
Communications Act of 1934. The amended provision requires CPB
to ensure that NPR and PBS provide assurances that no officer
or employee of these organizations will be compensated in
excess of reasonable compensation as determined pursuant to
provisions of the Internal Revenue Code.
    The Committee also looked into allegations by the former
CPB Inspector General (IG) that he had been improperly
dismissed by the CPB Board of Directors. Committee staff met
with the former IG and with members of the CPB Board, including
Chair Diane Blair, to discuss the former IG's allegations. The
Board explained the reasons for the dismissal of the IG. In the
course of reviewing these allegations and learning of the
interactions between the CPB Board and the former IG, who is
hired and subject to removal by the CPB Board, the Committee
became concerned that the Board and IG had not developed a
working plan to ensure the institutional independence of the
CPB. The CPB Board agreed to address this situation and take
measures to ensure that the IG has the necessary independence
to discharge the IG's responsibilities.

 hearings and investigative activities pertaining to the food and drug
                             administration

                                Hearings

                  fda policy on home drug testing kits

    On January 24, 1997, the Subcommittee Chairman requested
information and documents on the FDA's approval of the first
over-the-counter drug testing system.
    On February 6, 1997, the Subcommittee on Oversight and
Investigations held a hearing about FDA's newly announced
proposed policy on home collection testing systems for drugs of
abuse. The Subcommittee received testimony from the FDA's
Deputy Commissioner for Policy. Under the new policy, the FDA
would allow some urine-based home collection testing systems
for drugs of abuse to be sold to parents without a doctor's
prescription. This was a partial reversal of FDA's position at
the Subcommittee's oversight hearing on September 26, 1996,
when the Agency maintained that the marketing to parents of
urine cups and hair envelopes for drug testing purposes
required a premarket application. By this requirement, the FDA
insisted that such common items needed to be regulated as
sternly as pacemakers or heart valves that are implanted in the
human body. That position was based on FDA's concerns about
such societal and ethical factors as ``family discord'' in
assessing parents' ability to handle the results of a drug
test. In July 1998, the FDA issued a final rule based on the
policy announced at the February 6, 1997 hearing.
    As a follow-up to the hearing, on April 10, 1997, the
Subcommittee Chairman sent a letter to the Secretary of the
Department of Health and Human Services concerning the
testimony of FDA's Deputy Commissioner/Senior Advisor.

  adequacy of access to investigative drugs for seriously ill patients

    On July 22, 1997, the Full Committee Chairman sent a letter
concerning the adequacy of FDA's mechanisms (i.e.,
compassionate use investigative new drug permits , and
treatment investigative new drug permits) for facilitating
patient access to unapproved therapies. In August 1997, the FDA
provided documents and information.
    On September 23, 1997, the Subcommittee on Oversight and
Investigations held a hearing on the adequacy of access to
investigative drugs for seriously ill patients. The hearing
examined the concerns of patients with cancer or other life-
threatening diseases about their ability to obtain clearance
from the Food and Drug Administration for access to
experimental treatments. The witnesses included: Ed Gochenour,
David Smith, and Frances Langham, cancer or non-Hodgkins
lymphoma patients who discussed issues arising out of their
personal experiences concerning compassionate use access to
antineoplastons; Kay Smith, wife of David Smith, who discussed
the impact of the access situation on her and highlight how
such situations impact the families of the patients. Susan
Spenceley, a Hodgkin's disease patient who experienced problems
maintaining access to radioimmunology therapy (RIT); Mark
Cohen, a husband of a Hodgkin's disease patient who described
the difficult experience of getting access to radioimmunology
therapy (RIT); Richard Jaffe, Esq., an attorney who has worked
closely with both Burzynski patients and RIT patients
summarized and generalized on his experiences and observations
on patient access issues; Shelbie Oppenheimer, a Lou Gehrig's
disease patient discussed access issues related to Myotrophin;
Diane Evans, a Chronic Fatigue Immune Dysfunction Syndrome
(CFIDS) patient witness discussed her experience in getting
access to Ampligen; Marsha Wallace, M.D., a physician who
treats CFIDS patients, commented on parameters on clinical
trials for Ampligen and how it has affected access for her
patients.
    The Subcommittee invited the FDA to testify at this hearing
and obtained privacy waivers from the patient witnesses to
enable FDA to respond fully. The Department of Health and Human
Services commended the Subcommittee for seeking waivers from
patients and sponsors, but decided not to permit the FDA to
testify at this open hearing because of remaining
confidentiality concerns due to the fact that the companies
involved had not cleared privacy waivers. In October 1998, the
FDA briefed the Subcommittee in closed session.

         food and drug administration (fda) management concerns

    Beginning April 30, 1997, the Subcommittee Chairman sent 10
letters to FDA seeking information and documents about certain
matters primarily related to the information management and
procurement systems at the FDA's Center for Biologics
Evaluation and Research (CBER) as well as the management of the
FDA. The FDA provided the requested materials. The Committee
staff reviewed the documents, conducted interviews, and
produced a preliminary draft report of its findings.
    On April 1, 1998, the Subcommittee on Oversight and
Investigations will held a hearing on management issues and
procurement and inventory control procedures at the Food and
Drug Administration (FDA), especially those at the FDA's Center
for Biologics Evaluation and Research, and about the pace and
directions of corrective actions taken or to be taken.
    Two panels of witnesses testified. The first panel
included: David Schaub, a Committee staff detailee from the
GPO's Office of Inspector General and Certified Fraud Examiner,
who presented a preliminary staff assessment on the above
issues; Roberty Stumphy, an FDA employee who disclosed
information about perceived efficiencies and violations of
procedures; and Robert Gramling of the General Accounting
Office, who identified what Federal policy establishes internal
controls for Federal Managers and why they are needed, and what
can happen if an agency lacks those controls. The FDA panel was
headed by Dr. Michael A. Friedman, M.D., Lead Deputy
Commissioner of the FDA.
    Dr. Friedman testified that the FDA had recognized most of
the identified problems and had corrected or was in the process
of correcting the problems.
    The hearing demonstrated that FDA had inadequate internal
controls over FDA employee use of government credit cards,
inadequate internal controls over receiving some equipment,
inadequate internal controls over some inventory items,
insufficient documentation of lost or stolen equipment, weak
controls over disposal of some equipment, and inaccurate
procurement records in some areas. The FDA employee witness
testified that the Subcommittee's investigation played a
critical role in ensuring certain corrective actions undertaken
by FDA.
    As a result of the hearing, the Subcommittee Chairman
requested the GAO to study FDA's accountability of property,
plant, and equipment, and the Committee staff wrote a report on
FDA management concerns.

 imported drugs: u.s.-eu (european union) mutual recognition agreement
                          on drug inspections

    On October 2, 1998, the Subcommittee on Oversight and
Investigations held a hearing on the U.S.-EU mutual recognition
agreement on drug inspections (MRA), referred to as the annex
on pharmaceutical good manufacturing practices. The purpose of
the hearing was to examine why pharmaceuticals were included in
the umbrella agreement, what effect the MRA will have on
protecting the health of the American consumer, and any
additional unresolved issues.
    The one panel of witnesses included lead negotiators from
the Office of the U.S. Trade Representative, the Commerce
Department, and the FDA. These officials discussed: (1) the
history of the umbrella trade agreement, (2) the current status
of the pharmaceutical MRA, (3) the unresolved issues, and (4)
what cost and drain on FDA resources will result from attempts
to implement the pharmaceutical MRA. The witnesses defended the
MRA as being in the best interest of the United States, arguing
that the MRA could save FDA resources, enhance trade, and
eliminate duplicative regulation.
    However, the hearing demonstrated that there were many
unanswered concerns such as: the short-term increase of
resources needed, the questionable long-term savings for FDA,
whether FDA was pressured to lower drug safety and quality
standards, whether the agreement will be unworkable because of
many unresolved questions, that the EU's technical trade
barrier has not been eliminated, and the further loss of
pharmaceutical manufacturing in the United States. As a result,
on October 9, 1998, the Subcommittee Chairman and the Ranking
Member requested that the General Accounting Office: (1)
produce a projection of FDA costs incurred as a result of the
MRA and identify all the assumptions (including direct benefits
to FDA) required to make the cost projections; (2) identify
other costs (trade shifts, e.g.) and benefits (good will, e.g.)
that would not show up in FDA resource calculations; and (3)
identify all the unresolved issues of the Pharmaceutical GMP
sector at the time of its signing and determine the agreed plan
of action of both the United States and the EU for resolving
those issues over the three-year transition period.

                        Investigative Activities

FDA Integrity Issues Raised by the Visx, Inc. Document Disclosure

    During 1997 and 1998, the Subcommittee Chairman sent a
series of information and document request letters to the FDA
and certain other individuals or entities concerning
allegations that an FDA employee or employees gave
confidential, proprietary information of a pending premarket
application to a competing company. Specifically, the Chairman
of Summit Technology received in the mail, at his private
residence, a package of internal FDA material relating to the
premarket application of Visx, Inc. The FDA and then the FBI
investigated the matter in 1996 and 1997.
    In connection with this investigation, on October 16, 1997,
the Subcommittee Chairman requested, and received on November
12, 1997 materials relating to the Working Group on
``Safeguarding Confidential Information.''

Department of Justice--Conduct of U.S. Attorney's Office in FDA-Related
        Probe

    On September 7, 1995, the Subcommittee Chairman requested
the Attorney General to initiate an internal Department of
Justice investigation into allegations of prosecutorial abuse
related to the Food and Drug Administration and grand jury
investigations of Dr. Stanislaw Burzynski and the Burzynski
Research Institute. This request was a follow-up to information
and documentation stemming from testimony received at the July
25, 1995 hearing. On June 23, 1997, the Department of Justice
informed the Subcommittee Chairman that the Department had
completed an investigation into these concerns and concluded
that none of the Department attorneys or Assistant U.S.
Attorneys involved engaged in professional misconduct in this
matter.

Allegations of FDA Abuses of Authority: Myo-tronics

    On December 5, 1995, the Subcommittee Chairman directed the
FDA to refer allegations made by Myo-tronics, Inc., a dental
device manufacturing company, to the Office of Inspector
General (OIG) for investigation. In October 1994, an FDA dental
advisory panel reviewed several pre-Amendment products
manufactured and marketed by Myo-tronics, Inc. for the purpose
of recommending a classification for these devices. The Panel
recommended the devices be classified as Class III or
experimental devices. Serious concerns were raised by Myo-
tronics, Inc. about the FDA's treatment of the company, with
Myo-tronics' management ultimately alleging that the Panel had
been biased against them. The FDA Office of Internal Affairs
formally referred the matter to the OIG on December 26, 1995.
    The OIG issued its findings in two reports in 1996 and
1997. Regarding the OIG's findings about the conflict of
interest allegations against the Advisory Panel Chairman, the
FDA ethics officer concluded that the Chairman did not violate
the criminal Conflict of Interest statute, but that there was
an appearance of a conflict because he failed to provide the
FDA with information concerning his company's financial
interest in a competitor to Myo-tronics and concerning two
lawsuits in which his company was involved. The OIG also found
that the FDA did not take into account the evidence the firm
offered in support of certain pre-Amendments labeling claims.
The OIG also found evidence supporting the conclusion that
certain FDA employees had acted inappropriately.
    On September 16, 1997, the Subcommittee Chairman sent a
letter requesting FDA's conclusions about the Myo-tronics
matter, and specifically, what the agency considered to be
misconduct or inappropriate actions by FDA employees in the
Myo-tronics matter.
    In response to the OIG report, the FDA took disciplinary
action against FDA employees, accepted the resignation or non-
renewal of certain advisory panelists, undertook a formal
review of its advisory panel meeting procedures, conducted an
independent review of the Myo-tronics labeling claims, and
reconvened the advisory panel to reexamine the issue of dental
muscle monitor classification.

Expert Systems

    On November 12, 1996, the Subcommittee Chairman requested
documents and information regarding FDA proposals to regulate
software that helps physicians diagnose ailments, sometimes
called ``expert systems.'' The FDA provided the information and
documents on January 9, 1997.

Management of the Office of the Commissioner

    On January 3, 1997, January 31, 1997, and February 13,
1997, the Subcommittee Chairman sent letters requesting
documents related to the management of the Office of the
Commissioner. These requests sought a list of all employees and
budget for the Office of Commissioner and any reorganizations;
how the different Deputy Commissioner positions were created
and line of succession. The FDA provided the documents in
installments during February and March 1997.

Foreign Drug Inspections

    On February 25, 1997, as part of an investigation of FDA's
foreign inspection program, the Subcommittee Chairman requested
information concerning reports that a foreign drug manufacturer
may have submitted fraudulent information to the FDA about bulk
drug ingredients imported to the United States.
    On May 22, 1997, the Subcommittee Chairman requested
information from a cross-section of pharmaceutical companies
about pharmaceutical bulk manufacturing plants in mainland
China. The companies responded and provided the information.
    On March 17, 1998, the GAO issued its report, Food and Drug
Administration: Improvements Needed in the Foreign Drug
Inspection Program in response to the Subcommittee Chairman's
request to examine FDA's efforts to correct problems in the
foreign drug inspection program identified in earlier FDA
evaluations. The GAO reported that the FDA conducts few routine
pharmaceutical inspections overseas, inspectors frequently fail
to file reports in a timely manner, that senior FDA officials
frequently overturn recommended enforcement actions, and that
enforceable actions imposed by the agency frequently lack
follow-up to correct identified deficiencies.

Rescheduling of Inspection

    On March 11, 1997, the Subcommittee requested information
and documents concerning the rescheduling of the inspection of
Visx, Inc. that coincided with the time that the Chairman and
President of Visx, Inc. testified at the Subcommittee hearing
on July 30, 1996. The FDA provided documents and information.
Committee staff investigated the matter to determine whether
the rescheduling of the inspection was influenced by knowledge
that the Visx President would be testifying at the Subcommittee
hearing. Committee staff found that, although there were
inconsistencies in interviews with FDA employees about who
ordered the rescheduling and the justification for it, there
was insufficient basis to conclude that the rescheduling of the
inspection was improper.

Management and Performance of FDA

    On March 13, 1997, as part of an examination of the
management and performance of the FDA, the Subcommittee
Chairman requested a computer printout listing of FDA
positions, and a complete set of FDA's official organizational
charts.
    On June 4, 1997, the Subcommittee Chairman sent letters to
six FDA contractors requesting information and documents
related to procurement actions and modifications with the FDA.
The contractors provided the information and documents in June
and July 1997.

FDA Reporting Mechanisms

    On March 13, 1997 and May 9, 1997, the Subcommittee
Chairman sent letters concerning FDA's discontinued Quarterly
Activities Report and FDA's management of its Internet and
Intranet sites. On April 4, 1997 and August 11, 1997, the FDA
provided information and documents.
    On September 9, 1997, the Subcommittee Chairman sent a
letter asking the question, ``What does the FDA Commissioner or
Lead Deputy Commissioner receive on a routine basis in terms of
reports of the FDA's activities?'' On October 24, 1997, the FDA
responded that the Lead Deputy Commissioner received extensive
strategic and operational information such as Daily Summaries/
Compilations, Daily ``8:30 Phone Call,'' Weekly Executive
Committee, Management ``one-on-one,'' ``Weekly Information
Update,'' Weekly Operations Immediate Office, Weekly General
Staff Meetings, Weekly Food Additive Petition Inventory Report,
Prescription Drug User Fee Act Reports, and other routine
reports. On November 5, 1997, the Subcommittee Chairman
requested samples of some of these reports, which were
subsequently provided.

Implementation of Prescription Drug User Fee Act (PDUFA)

    On March 17, 1997, the Subcommittee Chairman sent a letter
requesting information and documents to obtain an accounting of
FDA's use of Prescription Drug User Fee Act (PDUFA) funds.
    On April 16, 1997, as part of an examination of how FDA has
spent PDUFA funds, the Subcommittee Chairman sent a letter
requesting information about how much reviewer time was spent
on each application in the review process in Fiscal Year 1996.
    On June 26, 1997, the Subcommittee Chairman sent a letter
requesting information and documents relating to PDUFA ``rainy
day funds.''
    On July 16, 1997, the Subcommittee Chairman sent a letter
requesting information and documents concerning FDA's
implementation of the PDUFA.

Employee Suggestion Program

    On April 30, 1997, the Subcommittee Chairman sent a letter
requesting all suggestions forwarded under the FDA's employee
suggestion program since January 1, 1995 and a list of the of
the FDA employee suggestions adopted by the FDA. FDA provided
the information in May 1997.

Alleged Misuse of FDA Resources

    On May 14, 1997 and July 30, 1997, the Subcommittee
inquired about the apparent use of government resources for a
cookbook, The Admiral Loves to Cook, a project that did not
appear closely connected to FDA's public health functions. The
cookbook was compiled by the Director of the Office of Orphan
Products Development, and then published as a Government
Printing Office document. The matter was referred to the HHS
Inspector General for investigation.

Review of the FDA's Handling of Issues Related to Conjugated Estrogens

    The Subcommittee raised concerns that Wyeth-Ayerst may have
made misrepresentations in its submissions to FDA regarding
Premarin, the nation's only approved conjugated estrogens
product, and that FDA may have failed to adequately review such
submissions. The Subcommittee requested the Office of Inspector
General (OIG) in July 1996 to answer specific questions
regarding: Premarin, another Wyeth-Ayerst product called
Prempro, the citizen petition related to Premarin, and generic
versions of Premarin.
    On May 16, 1997, the Inspector General issued its report.
The report concluded that, according to FDA, there have been no
unapproved formulations of Premarin. However, the OIG found
that FDA did not have evidence demonstrating that the currently
marketed formulation of Premarin is bioequivalent to the
version tested for osteoporosis in the late 1970s. Concerned
about the lack of bioequivalency data and the continued safety
and effectiveness of Premarin, FDA in 1993 directed Wyeth-
Ayerst to conduct a new dose-ranging study of the drug. As of
January 1997, 30 percent of the planned enrollment had entered
into the multi-year study.
    The OIG also concluded that the Premarin tablet formulation
used in the combination drug Prempro slightly differed from the
marketed Premarin, but Wyeth-Ayerst submitted in vivo
bioequivalence data to demonstrate that the new and currently
marketed formulations were bioequivalent.
    Regarding the Subcommittee's concern that FDA may have held
generic drug firms to a higher standard than the brand-name
maker of Premarin, the OIG noted that the agency was also
concerned about possible differing standards in terms of
bioequivalency requirements for the generic and brand name
versions. However, upon further investigation, FDA determined
there were no unapproved reformulations of Premarin that would
have required Wyeth-Ayerst to submit additional bioequivalency
data.
    Beyond the Subcommittee's specific questions, the OIG
identified other concerns regarding the citizen petition
process--namely that the process has been extended for an
excessive period of time in the Wyeth-Ayerst case; and FDA does
not have policies and procedures governing such an important
process, one which can impact the marketability of generic
versions of Premarin.

Dr. Stanislaw Burzynski and the Burzynski Research Institute

    On June 5, 1997, the Subcommittee Chairman sent a letter
seeking further information and documents about the activities
of the FDA in connection with Dr. Stanislaw Burzynski and/or
the Burzynski Research Institute. At previous hearings in the
104th Congress, the Subcommittee had examined allegations of
abuses of authority involving Dr. Burzynski and the Burzynski
Research Institute. In July 1997, the FDA provided information
and documents.

Reclassification of Pedicle Screws

    On June 5, 1997, and February 5, 1998, the Subcommittee
Chairman sent inquiries about the FDA's delay in issuing a
final rule to downclassify bone screws from a high-risk device
classification to a moderate-risk device classification for use
in the pedicles of the spine during spine surgery. On July 16,
1997, the Subcommittee Chairman sent a letter concerning
Mitchell Zeller, FDA's Associate Commissioner for Policy, and
his contacts with plaintiff lawyers in connection with pedicle
screws. FDA responded on July 31, 1997 and Secretary Shalala
responded in August 1997.
    On March 12, 1998, the FDA briefed Subcommittee members and
staff on the status of the final rule. In July 1998, the rule
was published in the Federal Register.

Animal Drugs

    On July 9, 1997, the Subcommittee Chairman asked how many
new chemical entities have been approved in the last five years
for animal drugs (excluding non-food additives). The FDA
provided the information.

Procurement Practices at FDA's Center for Biologics Evaluation and
        Research

    On July 16, 1997, the Subcommittee Chairman requested that,
to the extent appropriate, the matter of illegal procurement
practices cited in an internal FDA memorandum be referred to
the Office of the Inspector General (OIG). On August 6, 1997,
the FDA informed the Subcommittee that this matter was being
investigated jointly by the OIG and FDA's Office of Internal
Affairs. On October 30, 1998, the FDA informed the Subcommittee
Chairman that the matter had been concluded. The investigation
revealed that while government funds inappropriately were being
carried over into the next fiscal year, there was no criminal
activity. The actions taken were intended to preserve funds
unused by the end of one fiscal year for use in a subsequent
fiscal year. The individuals involved were reprimanded and the
case closed.

Food Import Inspections

    In July 21, 1997, October 7, 1997, and October 28, 1997,
the Subcommittee Chairman sent a series of letters to FDA
seeking information about the adequacy of FDA's food import
inspections. The FDA responded with documents and information.
    On October 8, 1997, the Committee requested an explanation
for the difference in figures regarding the number of import
food entries. The May 1997 Report to the President on the
National Food Safety Initiative states that the FDA is
responsible for about 2.2 million import food entries. In its
letter to the Subcommittee Chairman, the FDA stated that FDA
estimated there were 1.5 million formal entries of food and
food-related items in FY 96. In its October 22, 1997 response,
the FDA stated that the difference between the 2.2 million and
1.5 million was accounted for by the informal entries (entries
with a value below $1,250). The FDA further stated that
informal entries usually are not entered into the U.S. Customs'
electronic system so it is difficult to obtain an exact count.

FDA Postmarketing Drug Surveillance Program

    On October 22, 1997, the Subcommittee Chairman requested
information from the Secretary of Health and Human Services
about the Food and Drug Administration's (FDA) postmarketing
drug surveillance program. On November 25, 1997 and December
11, 1997, the FDA responded with documents and information.
    On October 7, 1998, the Full Committee Chairman, with
Senator James Jeffords, the Chairman of the Senate Labor and
Human Resources Committee, and Senator Bill Frist, requested
that GAO initiate a comprehensive study of the U.S. system for
ensuring the safety of prescription drugs. The study would
examine not just FDA's post-marketing surveillance activities,
but the entire system including the pre- and post-marketing
activities conducted by both public and private organizations.
    Prior to initiating this comprehensive study, the Chairman
and the Senators requested GAO to convene an advisory panel of
experts on adverse drug events and prescription drug safety.
The purpose of the panel would be to help identify the key
questions and issues that should be examined concerning adverse
drug events and drug safety, as well as possible methodological
approaches to addressing these issues. Moreover, such a panel
would also provide useful information to congressional staff
about the key public policy aspects of this issue.

Preliminary Inquiry on Femoral Artery Device Approval Process

    On October 31, 1997, the Subcommittee raised concerns with
FDA about possible preferential treatment toward one sponsor
for femoral artery closure devices as well as possible fraud
concerning the clinical trials of this sponsor.
    Committee staff reviewed the materials, and met with FDA
and representatives for both companies involved in the matter.
All parties were in agreement about the Committee staff
contacting an independent outside expert for opinions on
certain issues in connection with this matter. Committee staff
contacted such an expert familiar with both products. The
expert was of the opinion that FDA's handling of the premarket
application in question was appropriate and that the control
times in the clinical study alleged to be suspect were
consistent with times associated with the expert's clinical
practice. Internal FDA documents did not substantiate
allegations of preferential treatment or improper conduct.

Adverse Event Data for RU-486

    On December 18, 1997, the Subcommittee Chairman sent a
letter requesting information and documents pertaining to FDA's
adverse drug reaction reporting system and the disclosure of
adverse event data received from foreign countries during
consideration of the pending new drug application for
mifepristone (RU-486). On January 16, 1998, the FDA responded,
and the Subcommittee Chairman sent follow-up questions on
February 4, 1998.

Office of Criminal Investigations

    On March 11, 1998 and June 4, 1998, the Subcommittee
Chairman continued the investigation of the management of the
FDA by seeking information about certain matters primarily
related to the management of the FDA's Office of Criminal
Investigations (OCI).
    The FDA responded to these inquiries in August and
September 1998.

FDA's Practice of ``Scrubbing'' Confidential Information From
        Surplussed Computers

    On April 23, 1998, the Subcommittee Chairman sent a letter
to FDA requesting information related to the practice of
``scrubbing'' confidential, proprietary information from
surplussed computers within FDA. In addition, the Subcommittee
Chairman requested in April 1998 that the GAO study this
matter.

Proposed Redesign of the Office of Consumer Affairs and the Office of
        Special Health Issues

    On May 7, 1998, the Subcommittee Chairman sent a letter to
FDA expressing concerns about, and seeking information about, a
proposed merger of the Office of Special Health Issues with the
Office of Consumer Affairs. The Subcommittee Chairman was
concerned about how such a merger would impact FDA's
responsiveness to patients and why the FDA treated the decision
as an internal matter, with no apparent plans to solicit
comments from the patient groups whose members use the services
provided by the Office of Special Health Issues. On May 28,
1998, the FDA provided its explanation of the matter. The FDA
decided not to proceed with the proposed merger of the offices.

Medical Device Tracking

    On May 13, 1998, the Subcommittee Chairman asked the
General Accounting Office to provide information on the Food
and Drug Administration's implementation of the medical device
tracking regulation under the Safe Medical Devices Act of 1990.
On September 24, 1998, the GAO issued its report, FDA Can
Improve Oversight of Tracking and Recall Systems. The GAO found
several weaknesses in FDA's approach for determining whether
device manufacturers are operating tracking systems capable of
locating and removing defective devices from the market and
notifying patients who use them. These weaknesses threaten the
agency's ability to adequately protect the public. First, FDA's
inspections of the tracking systems did not include independent
audits that could verify the completeness and accuracy of data
in the systems. GAO also found that FDA's recall data showed
that the industry and FDA had not acted in a timely manner to
correct and remove defective devices from the market. The
report contained recommendations to the FDA Commissioner to
improve FDA's ability to monitor manufacturers' compliance with
the medical device tracking regulation and conduct recalls of
tracked devices in a timely manner.

Use of Propylene Glycol in Medicines

    On June 23, 1998, the Subcommittee Chairman sent an
information and document request to FDA concerning public
health questions raised by the use of propylene glycol in
medicines. The FDA responded in August 1998.

Counterfeit Bulk Drugs

    On August 4, 1998 and August 6, 1998, the Full Committee
Chairman and the Subcommittee Chairman sent document and
information requests to the FDA and the U.S. Customs Service as
part of the Committee's assessment of the public health threat
to U.S. consumers posed by counterfeit bulk drug products (both
animal and human drugs) and a determination of the
effectiveness of U.S. agencies dealing with this issue. During
September-November 1998, the FDA and the U.S. Customs Service
provided documents and information in response to these
requests.

    HEARINGS AND INVESTIGATIVE ACTIVITIES PERTAINING TO THE NUCLEAR
                         REGULATORY COMMISSION

                        Investigative Activities

    In the 105th Congress, the Committee on Commerce conducted
oversight of the NRC's regulation of commercial nuclear power
plants by initiating two investigations into shutdowns of
commercial reactors. One investigation focused on the shutdown
of the three reactors operated by Northeast Utilities at the
Millstone Power station in Connecticut, and the other focused
on the shutdown of the two reactors operated by Commonwealth
Edison at the Zion power station in Illinois. In light of the
NRC's January 1997 decision to add 11 plants to its Watch List
of problem commercial nuclear plants requiring increased
regulatory attention, the Committee's oversight efforts
primarily focused on the NRC's ability to ensure adequate
protection of the public health and safety through its
regulation of commercial nuclear power plants.

The Shutdown of the Millstone Nuclear Power Station Operated by
        Northeast Utilities

    On February 26, 1997 and February 27, 1997 Committee staff
conducted a site visit to NRC Region I which included Northeast
Utilities' Corporate Headquarters and the Millstone power
station in Connecticut, to ascertain the extent of the
regulatory problems which had led to the shutdown of Millstone
and to determine the adequacy of the NRC's measures to ensure
public health and safety at the site in the future. In the
course of the site visit, Committee staff conducted 16 separate
interviews with representatives from the Nuclear Regulatory
Commission, Northeast Utilities, the Connecticut Department of
Public Utility Control, and interested public parties.
Following the site visit, the Committee continued its oversight
of the NRC's efforts to bring the station into compliance with
NRC regulations in order to restart the reactors. As part of
its oversight effort, the Committee requested the Institute of
Nuclear Power Operations (INPO) to provide copies of their
confidential evaluation reports on Millstone to the Committee,
in order to assess the adequacy of INPO's evaluation and self-
regulatory process with regard to Millstone. On June 29, 1998
the NRC authorized Northeast Utilities to restart Millstone
Unit 3. The Committee continues to monitor the situation at
Millstone closely because the plant remains on the Watch List
and Unit 1 and 2 remain shutdown.

The Shutdown of the Zion Nuclear Power Station Operated by Commonwealth
        Edison

    On October 28 and October 29, 1997, staff conducted a site
visit to NRC Region III which included the NRC's Region III
headquarters, Commonwealth Edison's Nuclear Operations
Division, and Zion Nuclear Energy Station. The purpose of the
visit was two-fold: (1) to ascertain the safety problems which
led to the shutdown of the Zion nuclear plant and the NRC's
decision to place four Commonwealth Edison nuclear plants on
the Watch List in January 1997; and (2) to assess the adequacy
of the NRC's subsequent efforts to end the cyclical nature of
the deterioration in safety performance in Commonwealth
Edison's Nuclear Division. In the course of the site visit, the
Committee conducted 14 interviews with representatives from the
NRC, Commonwealth Edison, the Illinois Department of Nuclear
Safety, and interested public parties. As part of its inquiry,
the Committee also requested copies of Commonwealth Edison
evaluation reports from INPO.
    In addition to the confidential evaluation reports which
INPO provided to the Committee pursuant to the Committee's
document request, INPO released a special public report on
November 25, 1997, which was highly critical of Commonwealth
Edison's overall performance and which highlighted serious
weaknesses in the safety culture at Zion. In January 1998, the
NRC added the two nuclear reactors at Commonwealth Edison's
Quad Cities facility to its Watch List. Subsequently, on
January 15, 1998, Commonwealth Edison announced the permanent
shutdown of Zion. Although Zion's pending closure led the NRC
to remove its reactors from the Watch List, six other
Commonwealth Edison nuclear reactors remained on the Watch List
issued by the NRC in June 1998. The Committee continues to
monitor the NRC's efforts to end the long-standing cycle of
periodic safety deterioration at Commonwealth Edison plants by
introducing measures designed to improve both the individual
performance of each nuclear plant and the overall performance
of Commonwealth Edison's corporate management.

OVERSIGHT AND INVESTIGATIVE ACTIVITIES PERTAINING TO THE SECURITIES AND
                          EXCHANGE COMMISSION

                        Investigative Activities

    In the 105th Congress, the Committee conducted oversight of
the SEC and the regulatory activities of the stock exchanges by
initiating an inquiry into illegal profit sharing arrangements
between Oakford Corporation and brokers in the New York Stock
Exchange (NYSE). In addition, the Committee continued its
oversight of the SEC's implementation of the initiative to
privatize the Electronic Data Gathering and Retrieval (EDGAR)
system for corporate filings.

Illegal Profit Sharing Arrangements on the New York Stock Exchange

    On March 25, 1998, pursuant to a request from the
Committee, the New York Stock Exchange representatives met with
Committee staff to discuss the profit sharing arrangements
undertaken by Oakford Corporation (a NYSE registered broker-
dealer) and eight NYSE brokers between October 1993 and March
1998. The NYSE reported on the joint investigation conducted by
NYSE in conjunction with the SEC, the US Attorney's Office in
Manhattan, the Federal Bureau of Investigation (FBI) and the
Internal Revenue Service's Criminal Investigation Division,
which resulted in the suspension of eight NYSE members and four
member firms as well as the first criminal prosecution under
Section 11A of Securities Exchange Act of 1934 and a civil
enforcement action by the SEC under Section 11A and Section 17A
of the 1934 Act. The NYSE also outlined the actions it intended
to take to strengthen its Market Surveillance process.
    On April 17, 1998, the SEC provided the Committee with a
preliminary status report from SEC's Office of Compliance
Inspections and Examinations on the SEC's expansion of the
initial for-cause inspection in order to assess whether other
brokers at the NYSE and other exchanges have been involved in
similar illegal profit sharing arrangements. On July 23, 1998,
the civil case was dismissed without prejudice at the request
of the SEC because of discovery issues related to the criminal
case. As of December, 1998, the criminal investigation was
still ongoing and three NYSE floorbrokers had pled guilty to
criminal charges stemming from the Oakford Investigation. The
Committee continues to monitor the situation to determine the
adequacy of the implementation of market surveillance reforms
by NYSE and SEC in response to the systemic market problems
identified with regard to the Oakford case.

EDGAR Privatization

    On April 28, 1997, pursuant to the Committee's oversight
responsibility for the SEC and the EDGAR privatization
requirements of the National Securities Markets Improvement Act
of 1996, the SEC reported to the Committee on the progress of
its EDGAR privatization initiative. On May 23, 1997, the SEC
provided the Committee with a refined EDGAR privatization
initiative. On June 30, 1998, the SEC awarded BDM
International, Inc. a three-year contract worth $49 million to
modernize and maintain the EDGAR system. At the end of the
three years, the SEC has the right to require a full
recompetition of the contract or it may extend the BDM contract
for up to five years, for a total eight-year cost of $102
million. The contract which went into effect on July 1, 1998,
provides for a dramatic reduction in the cost of a real-time
EDGAR subscription, from the current rate of $278,000 to
$72,686, or $47,439 if the number of subscribers increases to
16. The Committee continues to monitor the EDGAR privatization
process in order to ensure that the SEC works with Congress to
expand the options for accessibility and privatization of
EDGAR, and also to ensure that the SEC does not incur
unreasonable costs in its efforts to modernize the existing
system.

                             Hearings Held

    FDA Policy on Home Drug Testing Kits.--Oversight Hearing on
FDA Policy on Home Drug Testing Kits. Hearing held on February
6, 1997. PRINTED, Serial Number 105-4.
    Review of the Environmental Protection Agency's Proposed
Ozone and Particulate Matter National Ambient Air Quality
Standards (NAAQS) Revisions--Part 1.--Joint Oversight Hearing
with the Subcommittee on Health and the Environment on The
Clean Air Scientific Advisory Committee's (CASAC) Review.
Hearing held on April 10, 1997. PRINTED, Serial Number 105-19.
    Review of the Environmental Protection Agency's Proposed
Ozone and Particulate Matter National Ambient Air Quality
Standards (NAAQS) Revisions--Part 1.--Joint Oversight Hearing
with the Subcommittee on Health and the Environment on the
Development of the Regulatory Impact Analysis for EPA's
Proposed Revisions. Hearing held on April 17, 1997. PRINTED,
Serial Number 105-19.
    Review of the Environmental Protection Agency's Proposed
Ozone and Particulate Matter NAAQS Revisions--Part 2.--Joint
Oversight Hearing with the Subcommittee on Health and the
Environment on The Perspectives of State and Local Elected
Officials. Hearing held on May 1, 1997. PRINTED, Serial Number
105-24.
    Department of Energy's Office of Science and Technology.--
Oversight Hearing on the Department of Energy's Office of
Science and Technology (OST). Hearing held on May 7, 1997.
PRINTED, Serial Number 105-29.
    Review of the Environmental Protection Agency's Proposed
Ozone and Particulate NAAQS Revisions--Part 2.--Joint Oversight
Hearing with the Subcommittee on Health and the Environment on
the Health Effects of Ozone and Particulate Matter. Hearing
held May 8, 1997. PRINTED, Serial Number 105-24.
    Review of the Environmental Protection Agency's Proposed
Ozone and Particulate NAAQS Revisions--Part 2.--Joint Oversight
Hearing with the Subcommittee on Health and the Environment on
the Views of the Environmental Protection Agency Administrator.
Hearing held on May 15, 1997. PRINTED, Serial Number 105-24.
    Continued Management Concerns at the National Institute of
Health.--Oversight Hearing on Continued Management Concerns at
the National Institute of Health (NIH), focusing on management
concerns relating to human-embryo research funding and laws.
Hearing held on June 19, 1997. PRINTED, Serial Number 105-26.
    The Department of Energy's Implementation of Contact
Reform: Problems with the Fixed-Price Contract to Clean Up Pit
9.--Oversight Hearing on The Department of Energy's
Implementation of Contact Reform: Problems with the Fixed-Price
Contract to Clean Up Pit 9. Hearing held on July 28, 1997.
PRINTED, Serial Number 105-45.
    The Department of Energy's Implementation of Contact
Reform: Problems with the Fixed-Price Contract to Clean Up Pit
9.--Oversight Hearing on The Department of Energy's
Implementation of Contact Reform: Problems with the Fixed-Price
Contract to Clean Up Pit 9. Hearing held on July 29, 1997.
PRINTED, Serial Number 105-45.
    Adequacy of Access to Investigate Drugs for Seriously Ill
Patients.--Oversight Hearing on the Adequacy of Access to
Investigate Drugs for Seriously Ill Patients. Hearing held on
September 23, 1997. PRINTED, Serial Number 105-44.
    Medicare Waste, Fraud and Abuse.--Oversight Hearing on
Medicare Waste, Fraud and Abuse. Hearing held on September 29,
1997. PRINTED, Serial Number 105-58.
    Implementation of the Clean Air Act National Ambient Air
Quality Standards (NAAQS) Revisions for Ozone and Particulate
Matter.--Joint Oversight Hearing with the Subcommittee on
Health and the Environment on Implementation of the Clean Air
Act National Ambient Air Quality Standards (NAAQS) Revisions
for Ozone and Particulate Matter. Hearing held on October 1,
1997. PRINTED, Serial Number 105-62.
    Assessing the Department of Energy's Management of the
National Laboratory System.--Oversight Hearing on Assessing the
Department of Energy's Management of the National Laboratory
System. Hearing held on October 9, 1997. PRINTED, Serial Number
105-55.
    The Department of Energy's Implementation of Contract
Reform: Mismanagement of Performance-Based Contracting.--
Oversight Hearing on the Department of Energy's Implementation
of Contract Reform: Mismanagement of Performance-Based
Contracting. Hearing held on October 23, 1997. PRINTED, Serial
Number 105-57.
    Medicare Home Health.--Oversight Hearing on Medicare Home
Health. Hearing held on October 29, 1997. PRINTED, Serial
Number 105-64.
    The Federal-State Relationship: A Look Into the
Environmental Protection Agency Regulatory Reinvention
Efforts.--Oversight Hearing on the Federal-State Relationship:
A Look Into the Environmental Protection Agency (EPA)
Regulatory Reinvention Efforts. Hearing held on November 4,
1997. PRINTED, Serial Number 105-51.
    The Department of Energy's Funding of Molten Metal
Technology--Part 1.--Oversight Hearing on the Department of
Energy's Funding of Molten Metal Technology. Hearing held on
November 5, 1997. PRINTED, Serial Number 105-69.
    The Department of Energy's Funding of Molten Metal
Technology--Part 1.--Oversight Hearing on the Department of
Energy's Funding of Molten Metal Technology. Hearing held on
November 7, 1997. PRINTED, Serial Number 105-69.
    The Department of Energy's Funding of Molten Metal
Technology--Part 2.--Oversight Hearing on the Department of
Energy's Funding of Molten Metal Technology. Hearing held on
November 21, 1997. PRINTED, Serial Number 105-77.
    The Department of Energy's Funding of Molten Metal
Technology--Part 2.--Oversight Hearing on the Department of
Energy's Funding of Molten Metal Technology. Hearing held on
February 12, 1997. PRINTED, Serial Number 105-77.
    Medicare Waste, Fraud, and Abuse: A Regional Perspective.--
Oversight Field Hearing in Colleyville, Texas on Medicare
Waste, Fraud, and Abuse: A Regional Perspective. Hearing held
on March 2, 1998. PRINTED, Serial Number 105-81.
    The Federal-State Relationship: Environmental Self
Audits.--Oversight Hearing on the Federal-State Relationship:
Environmental Self Audits. Hearing held on March 17, 1998.
PRINTED, Serial Number 105-79.
    The General Accounting Office's Investigative Findings of
Alleged Medicare Improprieties by a Home Health Agency.--
Oversight Hearing on the General Accounting Office's
Investigative Findings of Alleged Medicare Improprieties by a
Home Health Agency. Hearing held on March 19, 1998. PRINTED,
Serial Number 105-73.
    Food and Drug Administration Management Concerns.--
Oversight Hearing on Food and Drug Administration (FDA)
Management Concerns. Hearing held on April 1, 1998. PRINTED,
Serial Number 105-75.
    Department of Health and Human Services Inspector General's
Audit of the Health Care Financing Administration's Fiscal Year
1997 Financial Statements.--Joint Oversight Hearing with the
Subcommittee on Health and Environment and the Committee on
Government Reform and Oversight Subcommittee on Government
Management, Information, and Technology on Department of Health
and Human Services Inspector General's Audit of the Health Care
Financing Administration's Fiscal Year 1997 Financial
Statements. Hearing held on April 24, 1998. PRINTED, Serial
Number 105-127.
    Department of Energy's Hanford Spent Nuclear Fuel
Project.--Oversight Hearing on Problems with the Department of
Energy's Hanford Spent Nuclear Fuel Project. Hearing held on
May 12, 1998. PRINTED, Serial Number 105-90.
    Medicare Billing: Savings Through Implementation of
Commercial Software.--Oversight Hearing on Medicare Billing:
Savings Through Implementation of Commercial Software. Hearing
held on May 19, 1998. PRINTED, Serial Number 105-96.
    States' Alternative Environmental Compliance Strategies.--
Oversight Hearing on States' Alternative Environmental
Compliance Strategies. Hearing held on June 23, 1998. PRINTED,
Serial Number 105-97.
    The Department of Health and Human Services' Policy for
Federal Workplace Drug Testing Programs.--Oversight Hearing on
Department of Health and Human Services' Policy for Federal
Workplace Drug Testing Programs. Hearing held on July 23, 1998.
PRINTED, Serial Number 105-106.
    The Circumstances Surrounding the Federal Communications
Commission's Planned Relocation to the Portals--Part 1.--
Oversight Hearing on the Circumstances Surrounding the Federal
Communications Commission's Planned Relocation to the Portals,
including the efforts of Franklin L. Haney and his
representatives with respect to this matter and the
circumstances surrounding the payments of fees to those
representatives. Hearing held on August 4, 1998. PRINTED,
Serial Number 105-120.
    Environmental Protection Agency's Title VI Interim Guidance
and Alternative State Approaches.--Oversight Hearing on the
Environmental Protection Agency's Title VI Interim Guidance and
Alternative State Approaches. Hearing held August 6, 1998.
PRINTED, Serial Number 105-110.
    The Circumstances Surrounding the Federal Communications
Commission's Planned Relocation to the Portals--Part 1.--
Oversight Hearing on the Circumstances Surrounding the Federal
Communications Commission's Planned Relocation to the Portals,
including the efforts of Franklin L. Haney and his
representatives with respect to this matter and the
circumstances surrounding the payments of fees to those
representatives. Hearing held on August 7, 1998. PRINTED,
Serial Number 105-120.
    The Circumstances Surrounding the Federal Communications
Commission's Planned Relocation to the Portals--Part 2.--
Oversight Hearing on the Circumstances Surrounding the Federal
Communications Commission's Planned Relocation to the Portals,
including the efforts of Franklin L. Haney and his
representatives with respect to this matter and the
circumstances surrounding the payments of fees to those
representatives. Hearing held on September 10, 1998. PRINTED,
Serial Number 105-121.
    The Circumstances Surrounding the Federal Communications
Commission's Planned Relocation to the Portals--Part 2.--
Oversight Hearing on the Circumstances Surrounding the Federal
Communications Commission's Planned Relocation to the Portals,
including the efforts of Franklin L. Haney and his
representatives with respect to this matter and the
circumstances surrounding the payments of fees to those
representatives. Hearing held on September 15, 1998. PRINTED,
Serial Number 105-121.
    The Circumstances Surrounding the Federal Communications
Commission's Planned Relocation to the Portals--Part 2.--
Oversight Hearing on the Circumstances Surrounding the Federal
Communications Commission's Planned Relocation to the Portals,
including the efforts of Franklin L. Haney and his
representatives with respect to this matter and the
circumstances surrounding the payments of fees to those
representatives. Hearing held on September 17, 1998. PRINTED,
Serial Number 105-121.
    Implementation of the Abstinence Education Provisions of
the Welfare Reform Law.--Oversight Hearing on the
Implementation of the Abstinence Education Provisions of the
Welfare Reform Law. Hearing held on September 25, 1998.
PRINTED, Serial number 105-123.
    U.S.-E.U. (European Union) Mutual Recognition Agreement on
Drug Inspections.--Oversight Hearing on the U.S.-E.U. (European
Union) Mutual agreement on Drug inspections. Hearing held on
October 2, 1998. PRINTED, Serial Number 105-129.
    Abuses of the Medicare Partial Hospitalization Benefit at
Community Mental Health Centers.--Oversight Hearing on Abuses
of the Medicare Partial Hospitalization Benefit at Community
Mental Health Centers. Hearing held on October 5, 1998.
PRINTED, Serial Number 105-124.
    The Circumstances Surrounding the Federal Communications
Commission's Planned Relocation to the Portals--Part 3.--
Oversight Hearing on the Circumstances Surrounding the Federal
Communications Commission's Planned Relocation to the Portals,
including the efforts of Franklin L. Haney and his
representatives with respect to this matter and the
circumstances surrounding the payments of fees to those
representatives. Hearing held on October 6, 1998. PRINTED,
Serial Number 105-122.
    A Review of the Department of Energy's Hanford Radioactive
Tank Waste Privatization Contract.--Oversight Hearing on A
Review of the Department of Energy's Hanford Radioactive Tank
Waste Privatization Contract. Hearing held on October 8, 1998.
PRINTED, Serial Number 105-137.
    The Circumstances Surrounding the Federal Communications
Commission's Planned Relocation to the Portals--Part 3.--
Oversight Hearing on the Circumstances Surrounding the Federal
Communications Commission's Planned Relocation to the Portals,
including the efforts of Franklin L. Haney and his
representatives with respect to this matter and the
circumstances surrounding the payments of fees to those
representatives. Hearing held on October 9, 1998. PRINTED,
Serial Number 105-122.
       Committee on Commerce Oversight Plan for the 105th Congress

    Rule X, clause 2(d) of the Rules of the House of
Representatives for the 104th 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
Oversight and the Committee on House Oversight.
    Rule XI, clause 1(2)(d)(1) 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 Rule X and Rule XI during the Congress ending on January
3 of such year. Clause 1(2)(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 actions taken thereon.
    Part A of this section contains the Committee on Commerce
Oversight Plan for the 105th Congress which the Full Committee
considered and adopted by a voice vote on February 13, 1997, a
quorum being present.
    Part B of this section contains a summary of the actions
taken by the Committee on Commerce to implement the Oversight
Plan for the 105th Congress and the recommendations made with
respect to this plan. Part B also contains a summary of the
additional oversight activities undertaken by the Committee,
and the recommendations made or actions taken thereon.
                                 PART A

                  Committee on Commerce Oversight Plan

                     u.s. house of representatives

                             105th congress

                    congressman tom bliley, 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 Oversight and House Oversight not
later than February 15 of the first session of the Congress.
    This is the oversight plan of the Committee on Commerce for
the 105th Congress. It includes the areas in which the
Committee expects to conduct oversight during the 105th
Congress, but does not preclude oversight or investigation of
additional matters as the need arises.
                              ----------

                     HEALTH AND ENVIRONMENT ISSUES

             medicare and medicaid: waste, fraud, and abuse

    The Committee will continue its efforts to identify
instances of and opportunities for waste, fraud, and abuse in
the Medicare and Medicaid programs. This oversight will focus
on a range of program areas, including administration,
contracting, provider reimbursement, and eligibility
determination.

                                medicaid

    During the course of the 104th Congress, the Committee
reviewed allegations that Federal statutory, regulatory, and
administrative requirements of the Medicaid program have
impeded the effective delivery of medical assistance services
to eligible individuals. The Committee will continue this
effort, with particular attention to the Administration's
waiver process, the successes achieved by States granted
additional flexibility to operate the program, and the extent
to which Federal requirements increase coverage costs and limit
States' ability to extend coverage to all eligible, and
additional non-eligible, individuals and families.

                health care service delivery mechanisms

    The Committee will review the various health care service
delivery mechanisms, including fee-for-service, Health
Maintenance Organizations (HMOs), and Provider Service
Organizations (PSOs). The Committee will review these delivery
mechanisms in terms of quality, cost, and satisfaction.

         implementation of the health insurance portability act

    On August 21, 1996, the Health Insurance Portability Act of
1996 was signed into law. This Act, which is based on
legislation reported out of the Committee, reforms the nation's
health insurance market by removing preexisting condition
restrictions, eliminating ``job lock,'' establishing tough
anti-fraud and abuse measures, achieving greater tax fairness,
and creating tax-favored Medical Savings Accounts. The
Committee will closely monitor the Administration's
implementation of the Act, with particular attention paid to
the promulgation of regulations issued pursuant to it.

           implementation of the food quality protection act

    On August 3, 1996, the Food Quality Protection Act of 1996
was signed into law. This Act, which was reported out of the
Committee, fundamentally reforms the nation's pesticide safety
laws by creating a unified safety standard, establishing
special protections for infants and children, permitting
benefits consideration for pesticides, improving the detection
of estrogenic effects, enhancing consumer information, and
achieving greater uniformity of pesticide regulation. The
Committee will closely monitor the Administration's
implementation of the Act, with particular attention paid to
the promulgation of regulations issued pursuant to it.

                        program reauthorizations

    As part of its consideration of the reauthorization of
programs in the Public Health Service Act and the Substance
Abuse and Mental Health Services Act, the Committee will review
the efficacy and efficiency of the programs that need to be
reauthorized. This review will focus on the extent to which the
objectives of these programs are being met, whether essential
needs are being adequately addressed, the ability of
implementing agencies and other participants to comply with the
statutory requirements and Congressional intent relating to
these programs, and the areas in which program performance can
be enhanced.

            food and drug administration's approval process

    As part of the Committee's ongoing effort to improve the
Food and Drug Administration's (FDA's) review of applications
for approval of new drugs, biologics, devices, and food
additives, the Committee will continue its investigation of the
delays experienced in this process, the nature and extent of
these delays, the measures taken by the Agency to address these
problems, and the medical, human, and financial impact they
impose.

              fda management issues and reform initiatives

    The Committee will examine the role and operations of FDA's
senior management, the Commissioner's Office, the relationship
of the Commissioner's Office to the drug center, the biologics
center, the device center, the veterinary center, and the food
center. The Committee will examine how FDA maintains
appropriate protection of confidential information relating to
regulated products as well. The Committee will also examine the
adequacy and effect of the proposed Reinventing Government
Initiatives, including their implementation, impact, and
ability to streamline FDA without reform legislation.

                     prescription drug user fee act

    Several important issues relate to the reauthorization of
the Prescription Drug User Fee Act (PDUFA) that expires at the
end of Fiscal Year 1997 including an examination of why,
although review times for new drug applications have declined,
development times have increased; critical examinations of how
FDA has spent PDUFA user fees and of the relationship between
programs funded only by appropriated funds and those funded
through user fees; and an investigation of whether FDA has been
soliciting other industries to support user fees for their
products such as medical devices and certain food related
petitions. The Committee will review each of these issues.

                fda regulation of food and food products

    The Committee will examine FDA's implementation of food
labeling requirements under the Nutritional Labeling and
Education Act (NLEA) and other FDA policies on food labeling,
FDA's review of food additive petitions, and FDA's
implementation of its biotechnology food policy. The Committee
will also review the operations of the FDA's Center for Food
Safety & Applied Nutrition (CFSAN) and the effect of FDA
regulation on innovation in the food industry.

     the relationship between fda's product review and compliance
                         enforcement functions

    The Committee will examine the ways that FDA maintains
separation between its product review and compliance
enforcement functions.

                     fda regulation of advertising

    The Committee will examine the ways that the FDA regulates
product advertising. For example, given the recent explosion of
available information about medical products on the Internet,
the Committee will examine the FDA's regulation of the
promotion of drugs and devices over the Internet.

          consumer access to home testing services and devices

    The Committee will continue its oversight and
investigations on consumer access to home testing services and
devices. The Committee will hold an oversight hearing on the
Food and Drug Administration's final regulation to provide for
marketing of over-the-counter drugs-of-abuse testing systems to
parents without the manufacturer being required to file a
premarket application. In addition, the Committee will continue
its oversight of FDA's regulatory actions relating to non-
invasive glucose monitors and hair-based home drug testing
systems.

                 allegations of fda abuses of authority

    The Subcommittee held a hearing on July 25, 1995, on
allegations of FDA abuses of authority. The hearing focused on
FDA operations and procedures, and especially on allegations of
abuses of power brought forward by witnesses on behalf of
entities that are currently or possibly subject to FDA
regulation. Patients who believed they benefited from the
products of three of the five entities represented also
testified at the hearing about the consumer impact from the
alleged acts. The Committee will continue to review allegations
of FDA abuses of authority and also review issues of due
process and consistency in applying regulatory standards.

                          foreign inspections

    The Committee initiated an investigation last Congress into
FDA's foreign inspections of manufacturers' bulk
pharmaceuticals. The Committee will continue this
investigation.

                 regulation of the practice of medicine

    FDA frequently takes regulatory actions which appear to
exceed its charter to regulate drugs, biologics, and devices,
and which intrude on the practice of medicine and the
availability of medical information. Examples of questionable
FDA interference with the practice of medicine include the
regulation of tissue, umbilical cord blood, homebrew software,
custom devices, off-label drug information, breast implants,
and off-label use of medical devices. The Committee will also
continue to oversee FDA's regulatory practices and how they
particularly affect cancer patient access to unapproved
treatments.

            national institutes of health research integrity

    The Committee will investigate the integrity of National
Institutes of Health (NIH) biomedical research as well as the
adequacy of investigations conducted by the Office of Research
Integrity.

                    clean air act amendments of 1990

    During the 104th Congress, the Committee undertook a
comprehensive review of the implementation and enforcement of
the 1990 Amendments to the Clean Air Act. Hearings examined the
employee commute option program, enhanced vehicle inspection
and maintenance, the reformulated gasoline program, Title V
permitting, the promulgation of MACT standards under Title III,
regulations implementing sections 112(g), (j), and (r),
national ambient air quality standards, and the Title VI
stratospheric ozone program. The Committee intends to continue
its oversight activities regarding the implementation and
enforcement of the Clean Air Act and the 1990 Amendments and to
conduct further detailed review of regulations which are
proposed and promulgated to implement the Act, some of which
are discussed below in greater detail.

         any credible evidence/compliance assurance monitoring

    In February 1997, the Environmental Protection Agency (EPA)
is expected to promulgate an ``any credible evidence'' final
rule. The rule concerns what evidence may be used to determine
whether a violation of the Clean Air Act has occurred. EPA is
also expected to finalize a ``compliance assurance monitoring''
(CAM) rule, originally proposed in October 1993. A draft CAM
rulemaking was opened for public comment in August 1996. The
rule is intended to implement statutory language concerning
``enhanced monitoring'' added by the 1990 Amendments. The
Committee intends to review closely both rules with respect to
their adherence to the legislative language and intent of the
1990 Amendments.

               vehicle inspection and maintenance issues

    The Clean Air Act requires that certain nonattainment areas
(and certain other areas in the ozone transport region) adopt a
vehicle Inspection and Maintenance (I&M) program for in-use
motor vehicles registered in each urbanized area (in the
nonattainment area). In the past, the Committee has examined
the effectiveness of these I&M programs. One of the factors in
assessing program effectiveness is the I&M avoidance rate.
Because a minority of vehicles cause a majority of pollution,
even a small avoidance rate could render an I&M program
ineffective. The problem of vehicles avoiding I&M is
exacerbated in border towns, where vehicles commute to work
from across the border into a nonattainment area, thus
contributing to air quality problems, but avoiding I&M
inspections. The Committee intends to examine the overall
effectiveness of I&M programs, and in particular, the problems
of I&M avoidance faced by nonattainment areas on the border.

                 national ambient air quality standards

    On November 27, 1996, the Environmental Protection Agency
announced its intention to propose new National Ambient Air
Quality Standards (NAAQS) for ozone and particulate matter. The
proposals were subsequently published in the Federal Register
and the EPA intends to promulgate final regulations by July 19,
1997. As proposed, the new NAAQS for ozone and particulate
matter would result in the designation and redesignation of
many areas of the country into ``nonattainment'' for ozone,
particulate matter, or both. The proposals, if implemented,
would also result in substantial cost to the economy and
require additional regulatory actions to be undertaken at the
State level.
    The Committee intends to review closely the proposed
standards including the legal and regulatory process which led
to their proposal. In addition, the Committee will examine the
impact that the new standards could have on individuals and
businesses in affected areas, and will review the scientific
documentation regarding the need for new standards and the
anticipated benefits from them.

                               project xl

    ``Project XL'' refers to a broad set of actions by EPA to
give sources subject to regulation under the Clean Air Act and
other environmental laws flexibility to develop alternative
environmental strategies on the condition that such strategies
produce greater environmental benefits. The program, which
stands for ``excellence and leadership,'' has implemented three
projects, has 12 projects in development, and proposals for
nine further projects. The Committee is interested in examining
the opportunities provided by the Agency's implementation of
this program.

                           new source review

    EPA is expected to release a proposed rule regarding ``new
source review'' (NSR) by mid-1997. NSR refers to the process
and standards applicable to sources of pollution which
constitute either new construction or a modification to an
existing source resulting in an increase in emissions above a
de minimis amount. Under NSR, affected sources must obtain
construction permits, satisfy strict technology standards, and
obtain ``offsets'' representing emission reductions from other
sources. The Committee will review both the applicability of
the new proposal and its effect on emissions.

               implementation of safe drinking water act

                           amendments of 1996

    During the 104th Congress, the Committee produced
successful legislation (Public Law 104-182) to reauthorize the
Safe Drinking Water Act. This legislation substantially
reformed the standard-setting process for new contaminants and
established a $7.6 billion State Revolving Fund (SRF) to assist
local water systems in complying with the Act. The Committee
will review the implementation of the new law by the
Environmental Protection Agency as well as the operation of the
SRF.

                          environmental audits

    Many States have passed self-audit privilege laws designed
to encourage voluntary disclosure and corrective action on the
part of companies undertaking environmental audits. It is hoped
that self-audit laws enhance the environment because companies
are given an incentive to correct potential violations in a
timely and effective fashion. EPA, for its part, has
acknowledged the positive role self-audits play in its own
audit policy, but in certain instances is considering
withholding delegated authority to States that have passed such
laws. The Committee will review EPA's policies and practices in
regard to self-audit privilege.

        state enforcement programs under environmental statutes

    Many Federal environmental statutes have been designed to
allow for State implementation of environmental programs. EPA
has provided funding to the States to be used to carry out
these programs. The Committee believes that a strong State-
Federal partnership, which minimizes duplication and increases
efficiencies, is a necessary component to effective
implementation of Federal environmental statutes. Currently,
EPA is conducting a review of the States' reporting data for
``significant violators'' under various statutes' enforcement
programs, including the Clean Air Act. EPA has indicated that
it intends to conduct similar reviews on the States'
enforcement programs under other environmental statutes. The
Committee will monitor EPA's review of the States' performances
under these environmental statutes and will also review the
underlying Federal-State partnership under these statutes to
determine how well the programs are working and if any changes
are necessary.
                              ----------

                        ENERGY AND POWER ISSUES

                     electric utility restructuring

    The Energy Policy Act of 1992 (EPAct) contained provisions
which enabled wholesale competition in electricity to become a
reality. Since then, Congress, the States, electric consumers
and suppliers have begun to explore whether retail competition
in electricity is feasible and/or desirable. The Committee is
expected to undertake a comprehensive look at the electric
power industry and explore the best options for increasing
competition at the retail level.

                  federal energy regulatory commission

    The Federal Energy Regulatory Commission (FERC) regulates
electric utilities, hydropower facilities, and natural gas and
oil pipelines. The Committee will review how FERC discharges
these responsibilities, in light of the sweeping changes in the
electric industry. Some of the specific areas the Committee may
examine are FERC's implementation of Orders 888 and 889 and
FERC's merger policy, including its approach to market power.
The Committee will also examine FERC's hydropower relicensing
process and natural gas policies.

                 department of energy's budget request

    The Committee will hold hearings on the Department of
Energy's (DOE's) budget requests for Fiscal Years 1998 and 1999
and closely examine the requests. The missions of DOE have
shifted rather dramatically over time. When the Department was
established, its major mission was promoting energy security.
At present, the principal DOE missions (in order of importance)
are environmental management, defense programs, science and
technology, and energy security. DOE has sought to add new
missions such as trade promotion and enhancing environmental
quality. The Committee will examine the budget requests and
determine whether they are consistent with the priorities of
the Committee.

       department of energy's office of environmental management

    The Committee has been reviewing the Office of
Environmental Management's (EM) progress on cleaning up the
Department's contaminated waste sites. The Committee wants to
ensure that the Department is cleaning up these sites in the
most cost-effective and responsible manner. To that end, the
Committee will focus on the Department's overall cleanup
program including support costs and program management.
    The Committee is also reviewing EM's management of its
Office of Science and Technology (OST). The purpose of this
office is to promote the development of innovative technologies
for waste cleanup in the EM program that will save money and
reduce risks. Congress has appropriated $2.6 billion to this
office since 1990. Given the apparent lack of technology
deployments and demonstrated cost savings, the Committee is
concerned that this office is not being properly managed. The
Committee will continue to review EM's management of this
office and OST's funding decisions.

             plutonium disposition and stockpile management

    In December 1996, DOE released its plan for excess weapons
plutonium disposition, which involves a two-track strategy of
vitrification (mixing plutonium with glass, then disposing as
high-level radioactive waste) and mixing plutonium with uranium
to create mixed-oxide fuel (MOX) for use in commercial nuclear
reactors. After reactor utilization, the MOX fuel assemblies
would be disposed of as high-level radioactive waste. The
Committee will closely examine the DOE proposal, including
examining the technological difficulties associated with the
vitrification option, the potential difficulties associated
with MOX fuel fabrication and use in commercial reactors, and
the relative costs involved in the two-track approach. The
Committee will also review whether the Department is adequately
safeguarding these materials.

                      waste isolation pilot plant

    The Committee was instrumental in the passage of
legislation in 1996 to expedite the opening of the Waste
Isolation Pilot Plant (WIPP), which will dispose of transuranic
waste generated as a result of U.S. atomic defense activities.
The Committee plans to follow up on implementation of these
amendments, and conduct rigorous oversight of DOE and EPA on
their efforts and progress to license the WIPP facility and to
characterize and package waste which is destined for disposal
at WIPP.

                           tritium production

    DOE announced in 1996 that it intends to use commercial
nuclear reactors for its production of tritium for defense
purposes. The Committee held a hearing on this issue in the
104th Congress, and plans to continue examining the effects
this mission will have on reactor operations, power generation,
Nuclear Regulatory Commission (NRC) licensing, and waste
disposal.

                  regulation of doe nuclear facilities

    DOE nuclear facilities are currently not subject to
external regulation. An Advisory Committee on External
Regulation of Department of Energy Nuclear Safety recommended
that the facilities be subject to external regulation, and
proposed that either the Nuclear Regulatory Commission (NRC) or
a restructured Defense Nuclear Facilities Safety Board perform
this external oversight. DOE selected the option of external
regulation by the NRC. The Committee will review DOE's proposed
transition plan toward external regulation, and examine whether
this plan will improve the regulation of DOE nuclear facilities
in a timely manner.

                     nuclear regulatory commission

    The mission of the Nuclear Regulatory Commission is to
ensure adequate protection of the public health and safety
through regulation of commercial nuclear power plants; nonpower
research, test, and training reactors; fuel cycle facilities;
medical, academic, and industrial uses of nuclear materials;
and the transport, storage, and disposal of nuclear waste. The
Committee will conduct oversight of how the Commission
discharges these responsibilities, and whether the Commission
is an effective regulator of nuclear facilities. To that end,
the Committee is investigating the shutdown in Connecticut of
the three nuclear reactors at the Millstone power station site
and the one reactor at the Haddam Neck power station site. The
Committee will also consider whether the Commission should be
granted regulatory authority over DOE nuclear facilities.

                      energy efficiency standards

    The Energy Policy and Conservation Act established energy
efficiency standards and directed DOE to consider revisions to
these standards. The primary purpose of the appliance standards
program is to promote energy efficiency. Concerns have been
raised about how DOE has developed revised standards, the
impact of the standards on consumers, their potential anti-
competitive effects, and the impact on manufacturers. The
Committee will review the revised standards issued by DOE.

                           alternative fuels

    The Committee will continue to monitor implementation of
the Clean Air Act and Energy Policy Act alternative fuel
mandates. Hearings will address the cost of the programs,
regulations being promulgated by the agencies responsible for
implementing the provisions, the cost-effectiveness of these
programs in achieving their objectives, and if there are less
costly alternatives to achieve the same goals.

                         global climate change

    In June 1992, the United States signed the Framework
Convention on Climate Change (Rio Treaty), which provided for
developed countries to aim to reduce their greenhouse gas
emissions to 1990 levels by the year 2000. In March 1995, the
United States agreed to participate in international
negotiations to strengthen and extend those commitments beyond
the year 2000. Those negotiations are expected to be concluded
in December of 1997. The Committee will closely monitor the
progress of this agreement to assure that it is realistic and
achievable and does not harm the trade competitiveness of the
United States with respect to its developed and developing
country trading partners.

            strategic petroleum reserve/u.s. energy security

    In the 104th Congress, the sale of approximately 30 million
barrels of oil from the Strategic Petroleum Reserve (Reserve)
was authorized in order to meet budget goals. At the same time,
U.S. dependence on imported crude oil and refined products
exceeded 50 percent and oil suppliers have steadily reduced the
number of barrels held in inventory to meet consumer needs. The
Committee is expected to hold hearings on whether the Reserve
is still a cost-effective method of assuring U.S. energy
security and whether other steps are necessary to protect the
U.S. economy and U.S. consumers from shut-offs in foreign oil
supplies.

                            contract reform

    The Department of Energy has developed a contract reform
plan to improve its management of DOE contractors, particularly
management and operating contractors. Contract reform is
essential to improving DOE performance, since 90 percent of
DOE's budget is allocated to its contractors. The Committee
will examine DOE's contract reform policy, and determine
whether DOE is adequately implementing contract reform.

             sale or lease of the naval petroleum reserves

    The Naval Petroleum and Oil Shale Reserves are commercial
oil and gas fields operated by the Federal government that do
not have any strategic or national security value. In the 104th
Congress, the sale of the Naval Petroleum Reserve No. 1 (Elk
Hills, California) was authorized. The Committee will continue
to monitor the sale process to assure that taxpayers are fully
compensated for their investments in the Reserve. In addition,
the Committee will explore whether it makes economic sense to
sell or lease the remaining Naval Petroleum Reserves (located
in California and Wyoming) and the Naval Oil Shale Reserves
(located in Colorado and Utah).

            sale of the united states enrichment corporation

    The United States Enrichment Corporation (USEC) is the
governmental corporation which oversees all domestic uranium
enrichment activities. The Committee was instrumental in the
passage of legislation to privatize USEC in early 1996. To this
point, however, the Administration has not taken final action
to approve the sale of the Corporation. The Committee will
continue to monitor the Administration's efforts in this regard
to ensure that privatization moves forward and that U.S.
taxpayers receive an appropriate return on the sale of the
Corporation.

                            doe assets sales

    DOE has significant stockpiles of precious metals,
chemicals and industrial gases, scrap metals, base metals,
fuel, major equipment, and other assets. DOE proposed selling
some of these assets for $75 million, but the lowest estimates
suggest that these assets are worth $250 to $300 million. DOE
has conceded it does not know the value of its assets. The
Committee will conduct oversight to identify the true value of
DOE's assets and to ensure that the Department receives market
value for these assets.
                              ----------

                 FINANCE AND HAZARDOUS MATERIALS ISSUES

 implementation of the national securities markets improvement act of
                                  1996

    The Committee will oversee the implementation of the
National Securities Markets Improvement Act of 1996. In
addition, the Securities and Exchange Commission (SEC) is
preparing two studies, mandated in the law, on the effects of
uniformity of State regulation and the lack of uniformity on
securities issuers and broker-dealers. These studies, together
with information the Committee receives regarding the actual
impact of the new law on State securities regulation, will
provide the Committee with information that can be used as the
basis for an oversight hearing to ensure the law is being
implemented to eliminate duplicative State securities
regulation.

   analysis of capital formation, efficiency, and competition in sec
                               rulemaking

    Under the National Securities Markets Improvement Act of
1996, whenever the SEC is engaged in rulemaking pursuant to a
statutory provision that requires the SEC to consider investor
protection, the SEC must also consider the rule's impact on
efficiency, competition, and capital formation. The Committee
will seek to ensure the SEC is conducting appropriate analyses
to carry out its obligation under this new provision.

  private securities litigation reform act: state legislative efforts
                 such as proposition 211 in california

    Proposition 211 would have substantially undermined the
statutory changes of the Private Securities Litigation Reform
Act of 1995. The Committee will examine the circumstances
surrounding 211, and the effect it would have wrought on
interstate commerce.

                    the small order execution system

    The Small Order Execution System (SOES) is the system set
up by the National Association of Security Dealers Automated
Quotations (NASDAQ) in the wake of the 1987 crash to ensure
that small customers' orders would get filled. SOES provides
for automatic execution of small customer orders. The SEC
pressured the NASDAQ to raise the number of shares that could
be traded via SOES to 1000 per trade. There have been abuses of
this system that have hurt liquidity for small companies. This
practice may amount to market manipulation, and the Committee
will examine the SEC's treatment of the issue.

          preserving derivatives' status as private contracts

    The Financial Accounting Standards Board (FASB), which is
under the jurisdiction of the SEC and therefore under the
jurisdiction of the Committee, is considering changes to the
accounting treatment of derivative transactions. The Committee
will monitor this proposal to ensure that investors are
protected and that the utility of derivatives is not
diminished.

      social security modernization and its effects on the markets

    The Committee has jurisdiction over securities and
exchanges. In connection with the recent Commission Report on
financing Social Security in the next century, the Committee
will examine the effect of the different proposals on the
financial markets.

                           bank mutual funds

    The Committee will examine the regulation of mutual fund
sales by banks in light of the General Accounting Office (GAO)
report indicating some deficiencies in the areas of training of
bank personnel and unusual fee structures charged by banks. The
hearing will focus on the role of the Comptroller of the
Currency in enforcing existing regulations and the adequacy of
those regulations.

               federal barriers to common sense cleanups

    Since the enactment of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA, commonly
known as Superfund) in 1980, the Environmental Protection
Agency (EPA) has placed 1,387 sites on the National Priorities
List (NPL). Approximately 130 of these sites have been cleaned
up and ``de-listed'' over this time. Additionally, according to
EPA's 1998 budget request, ``[c]onstruction is underway at
nearly 500 sites with an additional 410 NPL sites being
`construction complete' as of the end of 1996.'' In addition to
NPL sites and those in the RCRA corrective action program,
according to EPA estimates, there may be as many as 500,000
``brownfields'' sites across the country. ``Brownfields'' are
abandoned or underutilized former industrial facilities where
fear of environmental contamination on the part of potential
developers complicates expansion or redevelopment.
    The Committee will review the implementation of State
cleanup programs and will investigate whether changes to
existing Federal laws are necessary to expedite cleanups at
these sites to ensure the protection of human health and the
environment.

             risk assessment and characterization practices

    Congress, through the recent Safe Drinking Water Act,
requires EPA to follow risk assessments based on the best
available peer-reviewed science and supporting studies
conducted in accordance with sound and objective scientific
practices. These same principles have been announced through
the recent final report of the Risk Assessment and Management
Commission established under the Clean Air Act. This report
provides that a good risk management decision ``is based on a
careful analysis of the weight of scientific evidence that
supports conclusions about a problem's potential risks to human
health and the environment.'' The Committee will assess current
agency risk assessment and characterization practices to
identify problems and plans for change.

                 resource conservation and recovery act

    EPA is currently considering changes to the definition of
Solid Waste under the Resource Conservation and Recovery Act
(RCRA). The Committee will examine what changes EPA is
considering and determine what effects these changes will have
on both the regulated community and the public.

                        toxic release inventory

    The Toxic Release Inventory (TRI) is the database in which
information is collected under section 313 of the Emergency
Planning and Community Right-to-Know Act (EPCRA) and section
6607 of the Pollution Prevention Act (PPA). Information on the
TRI database is available to the public. EPA has noticed its
intention to expand the TRI to include information on chemical
use, or materials accounting. Chemical use refers to
information about the amounts of chemicals coming into a
facility, amounts transformed into products and wastes, and the
resulting amounts leaving the facility site. EPA believes that
such information would be useful to the public. Opponents feel
that such information is not only unneeded, but costly, and has
the potential to expose confidential trade secrets. The
Committee will review EPA's proposal to expand the TRI program.

            national association of insurance commissioners

    The Committee will oversee the Financial Standards
Accreditation program, and will examine recent efforts by the
National Association of Insurance Commissioners (NAIC) to
regulate investment guidelines, company splits, and producer
database networks. The Committee will also review the role of
the NAIC in the functional regulation of insurance products
offered by non-insurance companies and agents, the involvement
by the NAIC in setting uniform standards for commercial
insurance transactions, and the implementation of NAIC
proposals to address insurance fraud. The Committee will also
oversee NAIC consideration of deregulation for sophisticated
commercial insurance transactions, allowance of reciprocal
brokerage licensing, and development of multi-state insurance
compacts.

        natural disaster insurance and state underwriting pools

    The Committee will assess the development and impact on the
private market of the State insurance underwriting pools in
Florida and California, both separately and in conjunction with
natural disaster insurance legislation.

                            credit insurance

    The Committee will examine concentration in the provision
of credit insurance by banks. The Committee will examine
whether the applicable anti-tying rules are being enforced.
                              ----------

       TELECOMMUNICATIONS, TRADE, AND CONSUMER PROTECTION ISSUES

          implementation of the telecommunications act of 1996

    On February 8, 1996, the Telecommunications Act of 1996 was
enacted into law. The Act fundamentally changes the way the
telecommunications industry will be regulated. In particular,
the Act swept away more than 60 years of outdated laws and
regulations and replaced them with pro-competitive provisions.
Under the Act, the Federal Communications Commission (FCC) is
required to conduct approximately 80 rulemakings on major
issues such as interconnection, universal service, Bell
Operating Company entry into the long distance market,
accounting and non-accounting safeguards, cable reform, open
video systems, and regulatory reform. A series of hearings will
review whether the FCC's implementation of the Act meets the
goals specified by Congress.

                   federal communications commission

    Congress created the Federal Communications Commission
(FCC) in 1934 for the purpose of regulating interstate and
foreign communication by wire and radio. Upon the successful
implementation of the Telecommunications Act of 1996, the need
for regulation of the telecommunications industry diminishes.
The Committee will evaluate the need for restructuring the FCC
once competition flourishes in each telecommunications market.

                            cellular privacy

    Several provisions of the Communications Act of 1934, as
amended (the Act), protect the rights of individuals from
having their telephone conversations, both wireline and
wireless, monitored without their permission. The Act also
prohibits the use of certain devices that enable a conversation
to be unlawfully intercepted. The Committee will examine
whether the current laws are adequately protecting consumers
and whether the Federal Communications Commission is properly
enforcing the Act and its rules implementing the Act.

                          spectrum management

    There have been several laws passed in recent years that
involve the use of the radio spectrum. For example, in 1993,
Congress enacted the Omnibus Budget Reconciliation Act (OBRA)
authorizing the Federal Communications Commission (FCC) to
auction the right to use portions of the radio spectrum. More
recently, as part of the Telecommunications Act of 1996 (the
Act), Congress permitted the FCC to issue additional licenses
for use of the radio spectrum for advanced television services,
but also required that recipients of the additional license
surrender either the additional license or the original license
for reallocation or reassignment. A number of complex issues
are involved with the successful implementation of the OBRA and
the Act, including considering the needs of the public safety
community, broadcasters, commercial users, and the Federal
government. The Committee will conduct a series of hearings on
spectrum management issues, including one to help ensure that
expediting new services to the marketplace is a primary goal in
management of commercial spectrum.

                  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
the CPB and authorizing appropriations. The Committee will
investigate to what extent Federal funding is necessary for the
continued survival of CPB.

       national telecommunications and information administration

    Congress created the National Telecommunications and
Information Administration (NTIA) in 1978 to perform a number
of functions including: advising the President on
telecommunications policy; developing policies for
international communications conferences; managing Federal use
of the radio frequency spectrum; and awarding financial grants
to communications companies that are in need of assistance. The
Committee will examine NTIA's execution of these functions.

                  telecommunications trade agreements

    The United States is a party to a number of bilateral and
multilateral trade agreements. Specifically, the U.S. has
bilateral telecommunications agreements with Japan, Korea and
Taiwan, and plurilateral agreements with Canada and Mexico
through NAFTA. Multilateral negotiations for a World Trade
Organization agreement on basic telecommunications services are
scheduled to conclude by February 15, 1997, and to be effective
January 1998. The Committee will oversee any ongoing
negotiations and the implementation of telecommunications trade
agreements.

          automobile safety--airbags and other safety devices

    Since the last reauthorization of the National Highway
Traffic Safety Administration (NHTSA) in 1991, it is
increasingly apparent that the perceived safety of automobiles
is one of the key criteria consumers use when making automobile
purchasing decisions. With this fact in mind, the Committee
will continue its oversight of NHTSA's efforts to refine its
existing motor vehicle safety standards and promulgate new
ones. The Committee will pay particular attention to the recent
developments surrounding airbags and will closely examine the
appropriateness of the legislative mandate for airbags.

             automobile safety--nhtsa defect investigations

    With increasing public focus on automobile safety, NHTSA's
existing defect investigations process has taken on increased
importance. However, serious questions persist about the
fairness and due process accorded those who are the targets of
these investigations. Sometimes, a NHTSA defect investigation
can result in a ``trial-by-press-release'' whereby an
automobile manufacturer is forced into recalling a vehicle
through negative press coverage before there is conclusive
evidence that a defect exists. The Committee will closely
examine the process used by NHTSA to conduct these
investigations in an effort to see if improvements can be made
that will increase fairness to those who are targets of these
investigations without compromising safety.

        automobile safety--the national crash assessment program

    In its Fiscal Year 1998 budget request, NHTSA requested a
substantial increase in funding for its National Crash
Assessment Program (NCAP), a program where the government
evaluates the crash worthiness of various automobiles and light
trucks. The Committee will examine whether this expansion of
the program is warranted and whether this function could be
better handled by private-sector organizations which already
conduct similar kinds of testing.

                    american automobile labeling act

    The American Automobile Labeling Act (AALA), which was
enacted in 1993, requires automobile manufacturers to list
domestic content on automobile stickers. The Committee will
examine the costs, benefits, and unforeseen consequences of
this legislation to determine whether significant costs have
been passed on to consumers for little apparent benefit.

                    consumer protection enforcement

    The Committee will continue its oversight of the Federal
Trade Commission (FTC) and its effort to protect consumers
against unfair or deceptive trade practices. The Committee will
pay particular attention to the efforts to enforce the
Telemarketing Fraud and Consumer Protection Act of 1993 and the
FTC's efforts to prevent consumer fraud in an increasingly
global environment.

                 ``made in america'' labeling standards

    In our increasingly global marketplace, many feel that the
current FTC standard for labeling a product as ``Made in
America'' or its equivalent--100 percent or nearly 100 percent
domestic content--is inappropriate. During 1995 and 1996, the
FTC undertook an extensive effort to examine this issue,
including public workshops and surveys. The FTC staff is
scheduled to make a recommendation to the Commission regarding
revisions, if any, to the existing enforcement guidelines on
``Made in America'' claims. The Committee will continue to
monitor this process.

                                 trade

    The Committee will examine the implementation of the North
American Free Trade Agreement (NAFTA), as well as its potential
expansion to Chile and the resulting effects on reducing
bilateral non-tariff trade barriers. The Committee will also
continue its ongoing oversight over trade related issues
connected to insurance and other financial services, consumer
protection standards, energy issues, drug patent issues, etc.

           effectiveness of federal export promotion programs

     Oversight activities during the 104th Congress revealed
that trade claims made by the Department of Energy were
ambiguous, and that some claims of American job creation
resulting from alleged contracts were exaggerated. The
Committee received allegations of double counting of projects
claimed by competing Federal agencies, and allegations that
trade missions conducted by various agencies were not well-
coordinated. In the last Congress, the Committee moved to
consolidate Federal export promotion programs into one Federal
agency in order to achieve managerial and strategic
efficiencies. This Committee will review the effectiveness of
the inter-agency Trade Promotion Coordinating Committee and its
constituent programs.

                   consumer product safety commission

    The Consumer Product Safety Commission's (CPSC's)
authorization has expired, and the Committee will be continuing
its oversight of the CPSC's activities, both separately and in
the context of reauthorization. Potential areas of
investigation by the Committee include a review of Commission
officials' political activities, changes in the CPSC's press
policies, lack of the use of cost-benefit analysis in the
agencies' resource allocation, and the appropriate role of the
agency and its Commissioners in allegedly issuing press
statements and threatening the use of adverse publicity to
pressure product sellers into ``voluntary'' settlements.

                                tourism

    The Committee will hold oversight hearings on the newly
created United States National Tourism Organization (USNTO) to
encourage the timely evolution of USNTO's management structure
and fundraising and promotion goals.

                department of commerce management issues

    During the 104th Congress, the Committee began
investigating whether Department of Commerce officials used
their positions to facilitate political contributions or to
engage in improper political activities. During the 104th
Congress, the Committee also began an investigation into the
Department's Minority Business Development Agency (MBDA) award
of a cooperative agreement to a company to operate a major
minority business development center in Los Angeles,
California. In the course of that investigation, the Committee
began reviewing MBDA's award of other cooperative agreements
and other grants. The Committee will continue to investigate
these matters.
                              ----------

                              OTHER ISSUES

                 government performance and results act

    Under the Government Performance and Results Act (GPRA),
all agencies with budgets in excess of $20 million are required
to develop, no later than by the end of Fiscal Year 1997,
strategic plans that cover a period of at least 5 years and
include the agency's mission statement; identify the agency's
long-term strategic goals; and describe how the agency intends
to achieve those goals through its activities and through its
human, capital, information, and other resources. The Committee
will review all the plans of agencies that are within this
Committee's jurisdiction.

               systems of accounting for regulatory costs

    Many Federal agencies appear to have no management tools to
assess the overall cost impact of regulatory programs on the
economy or identify program elements which are more costly than
beneficial. Recent provisions in the Omnibus Appropriations
legislation require Federal agencies to provide estimates of
cumulative regulatory program costs and benefits. The Committee
will evaluate, for programs within the Committee's
jurisdiction, both existing management tools for assessing
regulatory costs and plans for compliance with recent
regulatory accounting requirements.
                                 PART B

  Implementation of the Committee on Commerce Oversight Plan for the
                             105th Congress

                              ----------

                     HEALTH AND ENVIRONMENT ISSUES

             medicare and medicaid: waste, fraud, and abuse

    In the 104th Congress, the Committee on Commerce held two
hearings on Medicare waste, fraud and abuse, which focused on
the vulnerabilities of the Medicare Program. In the 105th
Congress, the Committee continued its efforts to identify
instances of and opportunities for waste, fraud, and abuse in
the Medicare Program, and to craft legislative language to
address the problems identified.
    During its consideration of legislation to reform the
Medicare Program, the Committee adopted legislative language to
address waste, fraud, and abuse. This language was incorporated
into Title IV of H.R. 2015, the Balanced Budget Act of 1997, as
introduced in the House and as passed by the House, and is
included in Title IV of Public Law 105-33, the Balanced Budget
Act of 1997.
    In addition, on September 29, 1997, the Subcommittee on
Oversight and Investigations held an oversight hearing on
Medicare Waste, Fraud, and Abuse. The hearing focused on the
Health Care Financing Administration's (HCFA's) efforts to
fight Medicare waste, fraud and abuse. Specifically, the
Subcommittee examined HCFA's efforts to enhance Medicare's pre-
payment detection capabilities with Commercial Off-the-Shelf
(COTS) software, and its efforts to develop an integrated
Medicare Transaction System (MTS), an automated claims
processing system that would consolidate HCFA's eight different
automated information systems into a single Medicare claims
system.
    On October 29, 1997, the Subcommittee on Oversight and
Investigations held a hearing on Home Health Care fraud and
HCFA's efforts to implement the anti-fraud provisions of the
Balanced Budget Act (BBA) as they relate to home health care.
The Subcommittee heard from witnesses from the General
Accounting Office (GAO), HCFA, the Department of Health and
Human Services Office of the Inspector General (HHS OIG), the
Federal Bureau of Investigation (FBI), as well as private
entities. Home health has been one of the fastest growing
components of today's Medicare program. Home health was
originated as an alternative to more costly and lengthy
hospital stays, and has been part of Medicare since Medicare's
inception in 1965. As home health expenditures have rapidly
increased, so have the problems with waste, fraud, and abuse.
In July, the HHS Office of Inspector General released two
reports concerning home health fraud. In its first report, the
OIG reported that nearly 40 percent of home health care
services provided under the Medicare program were unjustified
because they did not meet Medicare reimbursement requirements.
In the second report, the OIG found that 1 out of every 4
Medicare-certified home health agencies were ``problem''
providers and, while not inherently fraudulent, had abused
Medicare funds. Home health agencies, as a source of waste in
the Medicare program, will remain a major focus of the
Committee's oversight activities.
    On March 2, 1998, in Colleyville, Texas, the Subcommittee
on Oversight and Investigations held a hearing on Medicare
waste, fraud and abuse. The purpose of the hearing was to gain
a regional perspective on the problems that are currently
plaguing the Medicare system from those who fight Medicare
waste on a daily basis, as well as to hear concerns from
representatives of the health care industry. The hearing
presented specific real-world examples of waste, fraud, and
abuse and how HCFA is responding. The Subcommittee intends to
maintain the communication links established through this
hearing between those involved with combating Medicare waste at
the local level and the Members in Congress.
    On Thursday, March 19, 1998, the Subcommittee on Oversight
and Investigations held a hearing on Medicare home health.
Specifically, the Subcommittee heard from the General
Accounting Office's (GAO's) Office of Special Investigations
(OSI) regarding its findings of alleged Medicare improprieties
by home health care provider Mid-Delta Home Health (now known
as Mid-Delta Health Systems, Inc.) of Belzoni, Mississippi, and
affiliated companies. GAO questioned the propriety of certain
payroll costs and other costs that Mid-Delta claimed for
Medicare reimbursement. After this hearing and a subsequent
hearing in which GAO presented its official findings, Chairmen
Bliley and Barton, along with Ranking Members Dingell and
Klink, wrote to the Attorney General referring GAO's report for
appropriate action.
    As a result of this hearing and a separate Subcommittee on
Oversight and Investigations hearing on May 19, 1998, on COTS,
HCFA finally undertook a pilot program to test this technology,
after resisting for years recommendations by the General
Accounting Office to implement a software technology that could
potentially save hundreds of millions of dollars annually in
improper Medicare payments. The Committee's vigorous oversight
efforts ensured that HCFA conducted this pilot program testing
in a fair manner.
    On September 30, 1998, HCFA signed a contract with HBOC to
apply their commercial-off-the-shelf software procedure to
process edits to Medicare claims. The Committee intends to
closely monitor HCFA's efforts to implement this money saving
software.
    On October 5, 1998, the Subcommittee on Oversight and
Investigations held a hearing that focused on the widespread
abuse of Medicare's Partial Hospitalization Program (PHP)
benefits by Community Mental Health Centers (CMHCs). The
hearing focused on the adequacy of the Health Care Financing
Administration's (HCFA's) efforts to ensure that CMHCs comply
with statutory and regulatory guidelines for providing partial
hospitalization services under Medicare in light of
unexpectedly rapid growth in Medicare partial hospitalization
payments coupled with evidence of widespread fraud and abuse of
the PHP program by CMHCs. The HHS Inspector General issued a
report at the hearing, which found that more than 90 percent of
the providers and services reviewed were ineligible for
Medicare funding--the worst rates of noncompliance in Medicare
history. The hearing also highlighted concerns regarding the
adequacy of HCFA's proposed action plan to prevent further
abuse of the Partial Hospitalization Program benefits by
providers, in particular, the Inspector General indicated that
HHS needs to conduct an evaluation of PHP programs run by
hospitals.

                                medicaid

    In the 105th Congress, the Committee continued its review
of the Medicaid Program. This effort included a focus upon the
Administration's waiver process, and the merits of State
flexibility versus accountability for Federal dollars spent and
beneficiary protection.
    On March 11, 1997, the Subcommittee on Health and
Environment held an oversight hearing on Medicaid Reform: The
Governors' View. The hearing examined The Governors' Agenda for
the 105th Congress, which was unanimously adopted by the
National Governors' Association (NGA). Among other provisions,
the Agenda expressed the NGA's recommendations for reforming
the Medicaid Program. Other witnesses at the hearing discussed
the need for Federal protections to ensure Medicaid funds were
being used for their statutory purpose and not diverted to
other programs.
    On the basis of information reviewed by the Committee, and
pursuant to reconciliation instructions, legislation addressing
the Medicaid program was adopted by the Committee and
incorporated into Title III of H.R. 2015, the Balanced Budget
Act of 1997, as introduced in the House and as passed by the
House, and is included in Title IV of Public Law 105-33, the
Balanced Budget Act of 1997.

                health care service delivery mechanisms

    The Committee reviewed the nature, scope, and effectiveness
of various health care service delivery mechanisms, including
fee-for-service, Health Maintenance Organizations (HMOs), and
Provider Service Organizations (PSOs). The Committee's review
focused in particular upon the performance of these mechanisms
in terms of quality, cost, and satisfaction. The findings from
this effort were applied in the development of legislation
pertaining to the quality, affordability, and accessibility of
health coverage in the current market.

         implementation of the health insurance portability act

    During the course of the 105th Congress, the Committee
closely monitored the Administration's implementation of the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191). This Act reformed the nation's health
insurance market by removing preexisting condition
restrictions, eliminating ``job lock,'' establishing tough
anti-fraud and abuse measures, achieving greater tax fairness,
and creating tax-favored Medical Savings Accounts.
    The Committee's review focused specifically on the
promulgation of regulations issued pursuant to the Act.
Committee staff met with representatives of the Department of
Health and Human Services and closely reviewed the regulations
and other actions taken by the Department.

           implementation of the food quality protection act

    In keeping with the Committee's integral role in developing
the Food Quality Protection Act of 1996 (Public Law 104-170),
the Committee on Commerce played an active role in monitoring
its implementation. Committee staff conducted frequent meetings
with agency representatives; reviewed timetables for action,
letters, and other mechanisms communicating agency policy; and
provided feedback to ensure complete accordance with the Act's
statutory language and intent. In addition, the Committee
addressed an unintended consequence that resulted from the
Act's transfer of jurisdiction of antimicrobial substances from
the Food and Drug Administration to the Environmental
Protection Agency. The Antimicrobial Regulation Technical
Corrections Act of 1998 (Public Law 105-324) was developed by
the Committee and enacted to correct this error.

                        program reauthorizations

    As part of its consideration of the reauthorization of
programs in the Public Health Service Act and the Substance
Abuse and Mental Health Services Act, the Committee held
hearings and developed legislation which was enacted into law
to extend and improve many of these programs.
Substance Abuse and Mental Health Services Act
    On March 18, 1997, the Subcommittee on Health and
Environment held an oversight hearing on the reauthorization of
the Substance Abuse and Mental Health Services Administration
(SAMHSA). SAMHSA was created in 1992 to consolidate the Federal
government's research and delivery of substance abuse
prevention and treatment services, and mental health services.
With respect to substance abuse and mental illnesses, SAMHSA
supports prevention and early intervention activities;
develops, identifies, evaluates, and disseminates policies and
service delivery systems which have been shown to have the best
outcomes; and attempts to improve access to needed services.
Mammography Quality Standards Act
    The Subcommittee on Health and Environment held a hearing
on Friday, May 8, 1998, on the Reauthorization of the
Mammography Quality Standards Act. This hearing led to the
enactment of the Mammography Quality Standards Reauthorization
Act of 1998 (Public Law 105-248), which reauthorizes programs
for inspection and certification of mammography facilities. The
law also provides for direct patient notification of all
mammography examinations, requiring that ``a summary of the
written report shall be provided to every patient in terms
easily understood by a lay person;'' and permits the Food and
Drug Administration (FDA) to conduct a limited demonstration
project to determine the feasibility of inspecting high-
performing mammography facilities on a less than annual basis.
Bone Marrow Donation and Transplantation
    More than 30,000 children and adults in the U.S. are
diagnosed each year with leukemia, aplastic anemia, or other
life-threatening diseases. For many, the only hope for survival
is a marrow transplant. The National Marrow Donor Program was
designed to coordinate the national matching of allogeneic
unrelated donors and recipients. Under the Public Health
Service Act, the program is charged with establishing a
national registry of voluntary bone marrow donors.
    On April 23, 1998, the Subcommittee on Health and
Environment held a joint hearing with the Senate Labor and
Human Resources Committee Subcommittee on Public Health and
Safety on ``The Gift of Life: Increasing Bone Marrow Donation
and Transplantation.'' As a result of information received at
this hearing, the National Bone Marrow Registry Reauthorization
Act of 1998 was enacted into law on July 16, 1998 (Public Law
105-196).
Women's Health Research and Prevention
    On March 26, 1998, the Subcommittee on Health and
Environment held an oversight hearing on New Developments in
Medical Research: the National Institutes of Health and Patient
Groups, which included a focus on diseases that
disproportionately affect women. On July 20, 1998, the
Subcommittee on Health and Environment held a hearing entitled
The State of Cancer Research, which focused on many disorders
facing women, including breast and cervical cancer.
    As a result of these hearings, the Committee on Commerce
moved to enact the Women's Health Research and Prevention
Amendments of 1998 (Public Law 105-340) to revise and extend
certain programs with respect to women's health research and
prevention activities at the National Institutes of Health and
the Centers for Disease Control and Prevention.
Health Professions Training Programs
    The Committee on Commerce participated in the development
and passage of the Health Professions Education Partnerships
Act of 1998 (Public Law 105-392), which reauthorizes and
consolidates 44 different Federal health professions training
programs authorized under Title VII and Title VIII of the
Public Health Service Act. These 44 programs are consolidated
into seven general and flexible categories of authorities which
are designed to train health practitioners most inclined to
enter practice in rural and other medically underserved areas.
The seven general authorities provide support for: the training
of under represented minority and disadvantaged health
professions students; the training of primary care and dental
providers; the establishment and operation of
interdisciplinary, community-based training activities; health
professions workforce information and analysis; public health
workforce development; nursing education; and student financial
assistance.

            food and drug administration's approval process

    The Committee on Commerce continued efforts begun in the
104th Congress to improve the Food and Drug Administration's
(FDA's) review of applications for approval of new drugs,
biologics, medical devices, and food additives. As part of its
review, the Subcommittee on Health and Environment held two
hearings: one on April 23, 1997, on Reauthorization of the
Prescription Drug User Fee Act and FDA Reform, and one on April
30, 1997, on Medical Devices: Technological Innovation and
Patient/Provider Perspectives.
    These hearings laid the foundation for the eventual passage
of the Food and Drug Administration Modernization Act of 1997
(Modernization Act) (Public Law 105-115). The Modernization Act
addresses, among other things, the approval of prescription
drugs, medical devices, and food additives.

              fda management issues and reform initiatives

    In the 105th Congress, the Committee on Commerce closely
monitored the operation and management of the Food and Drug
Administration (FDA).
    On January 3, 1997, January 31, 1997, and February 13,
1997, the Subcommittee on Oversight and Investigations sent
letters to the FDA requesting documents related to the
management of the Office of the Commissioner. These requests
sought a list of all employees and the budget for the Office of
Commissioner and any reorganizations and information on how the
different Deputy Commissioner positions were created and line
of succession. The FDA provided the documents in installments
during February and March of 1997.
    On March 13, 1997, as part of an examination of the
management and performance of the FDA, the Subcommittee on
Oversight and Investigations requested a computer printout
listing of FDA positions and a complete set of FDA's official
organizational charts.
    On June 4, 1997, the Subcommittee on Oversight and
Investigations sent letters to six FDA contractors requesting
information and documents related to procurement actions and
modifications with the FDA. The contractors provided the
information and documents in June and July of 1997.
    In addition, beginning April 30, 1997, the Subcommittee on
Oversight and Investigations sent ten letters to FDA seeking
information and documents about certain matters primarily
related to the information management and procurement systems
at the FDA's Center for Biologics Evaluation and Research
(CBER) as well as the management of the FDA. The FDA provided
the requested materials. The Committee staff reviewed the
documents, conducted interviews, and produced a preliminary
draft report of its findings.
    On April 1, 1998, the Subcommittee on Oversight and
Investigations held a hearing on management issues; procurement
and inventory control procedures at the Food and Drug
Administration, especially those at the FDA's Center for
Biologics Evaluation and Research; and the pace and directions
of corrective actions taken or to be taken. The hearing
demonstrated that FDA had inadequate internal controls over FDA
employee use of government credit cards, inadequate internal
controls over receiving equipment, inadequate internal controls
over inventory, insufficient documentation of lost or stolen
equipment, weak controls over disposal of equipment, and
inaccurate procurement records. An FDA employee witness
testified that some of the corrective actions undertaken by FDA
would not have occurred without the Subcommittee's
investigation.
    As a result of the hearing, the Subcommittee on Oversight
and Investigations requested the General Accounting Office to
conduct a study related to FDA's accountability of property,
plant, and equipment, and the Committee staff prepared a report
on FDA management concerns, entitled Without Reasonable
Assurance: Financial and Property Management Concerns at the
Food and Drug Administration (Commerce Committee Print 105-W).

                     prescription drug user fee act

    In preparation for action on the reauthorization of the
Prescription Drug User Fee Act, the Subcommittee on Health and
Environment held a hearing on April 23, 1997, on the
Reauthorization of the Prescription Drug User Fee Act and FDA
Reform. This hearing laid the foundation for the eventual
passage of the Food and Drug Administration Modernization Act
of 1997 (Modernization Act) (Public Law 105-115). The
Modernization Act reauthorizes the Prescription Drug User Fee
Act (PDUFA) for five years and amends the Federal Food, Drug,
and Cosmetic Act (FFDCA) to change several of the Food and Drug
Administration's current policies and practices regarding
product review and approval. The law also includes provisions
to encourage pharmaceutical research and accelerate the
availability of new products.
    In addition to the passage of legislation to reauthorize
PDUFA, the Committee closely monitored the FDA's handling of
PDUFA funds. The Subcommittee on Oversight and Investigations
sent a series of letters to the FDA requesting: (1) information
and documents to obtain an accounting of FDA's use of PDUFA
funds; (2) information on how much reviewer time was spent on
each application in the review process in Fiscal Year 1996; (3)
information and documents with respect to the putting aside of
some PDUFA funds for ``rainy day funds''; and (4) information
and documents concerning FDA's implementation of PDUFA.

                fda regulation of food and food products

    The Committee on Commerce continued efforts begun in the
104th Congress to improve the Food and Drug Administration's
(FDA's) regulation of food and food products. In the 105th
Congress, the Committee developed legislation which was enacted
into law as the Food and Drug Administration Modernization Act
of 1997 (Modernization Act) (Public Law 105-115). The
Modernization Act streamlines regulatory requirements for the
labeling of food products; reduces decision making times;
establishes a notification process for the regulation of
components of food packaging, known as food contact substances;
enhances consumer knowledge of the health benefits of foods and
food treatments; and improves the processes by which
information can be communicated to consumers that will enable
them to adopt more healthful diets.
    In addition to the passage of the Modernization Act, the
Committee closely monitored the FDA's regulation of food
imports. Throughout the 105th Congress, the Subcommittee on
Oversight and Investigations sent a series of letters to the
FDA requesting information about the adequacy of FDA's food
import inspections and the number of import food entries.

          consumer access to home testing services and devices

    In the 105th Congress, the Committee continued the
oversight and investigation of consumer access to home testing
services and devices begun in the 104th Congress.
    On January 24, 1997, the Subcommittee on Oversight and
Investigations requested information and documents on the FDA's
approval of the first over-the-counter drug testing system.
    On February 6, 1997, the Subcommittee on Oversight and
Investigations held a hearing on FDA's announced proposed
policy on home collection testing systems for drugs of abuse.
The Subcommittee received testimony from the FDA's Deputy
Commissioner for Policy. Under the proposed new policy, the FDA
would allow some urine-based home collection testing systems
for drugs of abuse to be sold to parents without a doctor's
prescription. This was a partial reversal of FDA's position at
the Subcommittee's oversight hearing on September 26, 1996,
where the agency maintained that the marketing to parents of
urine cups and hair envelopes for drug testing purposes
required a premarket application. At that time, the FDA
insisted that such common items needed to be regulated as
sternly as pacemakers or heart valves that are implanted in the
human body. That position was based on FDA's concerns about
such societal and ethical factors as ``family discord'' in
assessing parents' ability to handle the results of a drug
test.
    As a follow-up to the hearing, on April 10, 1997, the
Subcommittee on Oversight and Investigations sent a letter to
the Secretary of the Department of Health and Human Services
concerning the testimony of FDA's Deputy Commissioner/Senior
Advisor.
    In July 1998, the FDA issued a final rule on home testing
services and devices based on the policy announced at the
February 6, 1997, hearing.

                 allegations of fda abuses of authority

    In the 104th Congress, the Committee began an investigation
of allegations of Food and Drug Administration (FDA) abuses of
authority, which focused, in general, on FDA operations and
procedures, and, in particular, on allegations of abuses of
power brought forward by witnesses on behalf of entities that
are currently or possibly subject to FDA regulation.
    The Committee continued to closely review FDA operations in
the 105th Congress and to follow up on allegations made in the
104th Congress. In one instance, the Committee's review of
allegations made by Myo-tronics, Inc., a dental device
manufacturing company, led to a report by the Office of
Inspector General (OIG) that certain FDA employees had acted
improperly in the classification of certain devices made by
that company. In response to the OIG report, the FDA took
disciplinary action against FDA employees, accepted the
resignation or non-renewal of certain advisory panelists,
undertook a formal review of its advisory panel meeting
procedures, conducted an independent review of the Myo-tronics
labeling claims, and reconvened the advisory panel to reexamine
the issue of dental muscle monitor classification.
    The Committee will continue to monitor allegations of
abuses of FDA authority in the 106th Congress.

                          foreign inspections

    On February 25, 1997, as part of an investigation of the
Food and Drug Administration's (FDA's) foreign inspection
program, the Subcommittee on Oversight and Investigations
requested information concerning reports that a foreign drug
manufacturer may have submitted fraudulent information to the
FDA about bulk drug ingredients imported to the United States.
    On May 22, 1997, the Subcommittee requested information
from a cross-section of pharmaceutical companies about
pharmaceutical bulk manufacturing plants in mainland China. The
companies responded and provided the information.
    On March 17, 1998, in response to a request from the
Subcommittee on Oversight and Investigations to examine FDA's
efforts to correct problems in the foreign drug inspection
program identified in earlier FDA evaluations, the General
Accounting Office (GAO) issued a report, entitled Food and Drug
Administration: Improvements Needed in the Foreign Drug
Inspection Program. The GAO reported that: (1) the FDA conducts
few routine pharmaceutical inspections overseas; (2) inspectors
frequently fail to file reports in a timely manner; (3) senior
FDA officials frequently overturn recommended enforcement
actions; and (4) enforceable actions imposed by the agency
frequently lack follow-up to correct identified deficiencies.
    The Committee will continue to review this issue in the
106th Congress.

                 regulation of the practice of medicine

    In the 105th Congress, the Committee continued to examine
whether the Food and Drug Administration (FDA) was taking
regulatory actions which exceeded its charter to regulate
drugs, biologics, and devices, and which intruded on the
practice of medicine and the availability of medical
information. For example, on November 12, 1996, the
Subcommittee on Oversight and Investigations requested
documents and information regarding FDA proposals to regulate
software that helps physicians diagnose ailments, sometimes
called ``expert systems.'' The FDA provided the information and
documents on January 9, 1997, and the Subcommittee is carefully
reviewing these FDA proposals.
    The Committee will continue to review this issue, and other
instances, in the 106th Congress.

            national institutes of health research integrity

    On September 30, 1997, the Subcommittee on Health and
Environment held an oversight hearing to ensure the integrity
of the research programs at the National Institutes of Health
(NIH), the primary agency of the Federal government charged
with the conduct and support of biomedical and behavioral
research. On March 26, 1998, the Subcommittee on Health and
Environment held an oversight hearing on New Developments in
Medical Research: NIH and Patient Groups, which raised the
question of proper priority-setting among various research
opportunities at NIH. On July 20, 1998, the Subcommittee on
Health and Environment held a hearing on The State of Cancer
Research, which also served to monitor the integrity of the
research programs at NIH through the testimony of prominent
researchers from throughout the country.

                    clean air act amendments of 1990

    During the 105th Congress, the Subcommittee on Health and
Environment and the Subcommittee on Oversight and
Investigations held a combined total of ten oversight hearings
on the implementation and enforcement of the Clean Air Act and
the 1990 Clean Air Act Amendments. These hearings followed a
series of eleven oversight hearings conducted by the two
Subcommittees regarding implementation of the Clean Air Act
during the 104th Congress.
    In 1997, six hearings were held jointly by the Subcommittee
on Health and Environment and the Subcommittee on Oversight and
Investigations on the promulgation and implementation of new
National Ambient Air Quality Standards (NAAQS) for ozone and
fine particulate matter (PM2.5). As part of this extensive
review, the Subcommittees made various written inquiries and
requests for records from the Environmental Protection Agency
(EPA) and other Federal departments and instrumentalities. Due
to the related nature of the subject matter, this series of
hearings is described in a separate section below, entitled
National Ambient Air Quality Standards.
    In addition, the Subcommittee on Health and Environment
held a hearing on May 6, 1998, to review an Advance Notice of
Proposed Rulemaking (ANPR) published in the Federal Register by
the Food and Drug Administration (FDA) to remove the essential
use status of chlorofluorocarbon-based (CFC-based) metered-dose
inhalers (MDIs). The ANPR was developed in response to
Decisions agreed to the Parties to the Montreal Protocol, the
international treaty which provides for the phaseout of ozone-
depleting substances. Title VI of the Clean Air Act provides
authority for the Environmental Protection Agency to implement
the Montreal Protocol.
    The Subcommittee on Health and Environment also held a
hearing on July 30, 1997, concerning the implementation of
Title VI of the 1990 Clean Air Act Amendments and Plans for the
Ninth Meeting of the Parties to the Montreal Protocol. This
hearing focused on a General Accounting Office (GAO) report
requested by the Committee on Commerce to review the operation
of the Multilateral Fund of the Montreal Protocol. Through
1997, the United States contributed a total of $290 million to
the Fund. The GAO report determined that the United States
could save between $2 million to $3 million per year by
changing the form of its payments to the Fund. In addition, the
hearing focused on the differential in phaseout schedules
applicable to methyl bromide under the Montreal Protocol and
the Clean Air Act, the FDA ANPR to eliminate essential use
exemptions for CFC-based MDIs, the differential in commitments
between Article 2 and Article 5 Parties to the Montreal
Protocol, and the lack of compliance data necessary to
determine whether Parties have met their commitment to phase
out ozone depleting substances.
    The Subcommittee on Health and Environment additionally
held hearings on November 17, 1997, and April 22, 1998. The
November 17, 1997, hearing was held in San Diego, California,
to examine transborder air pollution between the United States
and Mexico and the impact of commuter vehicles in border
regions. The Subcommittee also conducted a site visit to the
San Ysidro border crossing prior to the hearing. The April 22,
1998, hearing reviewed the implementation of the Federal
reformulated gasoline program in California and the requirement
that reformulated gasoline contain 2 percent oxygenate, by
weight.
    In addition to the hearings identified above, the
Subcommittee on Oversight and Investigations continued its
review of the implementation of the Clean Air Act Amendments of
1990 and the regulation of Hazardous Air Pollutants (HAPs)
under Title III, Clean Air Act Sec. 112(d). The Subcommittee
focused on the Clean Air Act Maximum Achievable Control
Technology (MACT) rulemaking for hazardous waste combustors
(HWCs).
    The Committee also began a review of EPA's Risk Management
Program Rule. Among other things, that rule requires
approximately 66,000 facilities nationwide to send EPA a ``Risk
Management Plan'' (RMP) containing detailed identification of
potential accidental chemical release points and an estimate of
the damage and injuries that could result from an absolute
worst-case scenario--otherwise known as offsite consequence
analysis (OCA) data.
    The Committee expressed concern that the information
contained in each facility's RMP would make it easier to design
a terrorist attack against that or a similar facility and to
maximize the impact of such an attack. Members of the Committee
on Commerce worked with Members of the House and Senate
Appropriations Committees to insert language into the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1999
(Public Law 105-276): (1) urging that EPA continue to work on
this issue in close consultation with the Federal Bureau of
Investigation (FBI); (2) requiring that the FBI submit to
Congress no later than December 1, 1998, a written report
containing the FBI's recommendations for appropriate methods of
public dissemination; and (3) directing EPA to provide Congress
with monthly updates of its progress in working with the FBI
and other Federal agencies to develop appropriate RMP protocol
guidelines.

         any credible evidence/compliance assurance monitoring

    On February 24, 1997, the Environmental Protection Agency
(EPA) published the final ``Credible Evidence'' rule, which
became effective on April 25, 1997. The Credible Evidence rule
concerns EPA's use of certain non-Federal reference method data
to demonstrate violations of the Clean Air Act. EPA developed
the Credible Evidence rule based upon an interpretation of
language contained in Section 113(a) of the Clean Air Act
regarding the Administrator's enforcement authority. After the
effective date of the Credible Evidence rule, EPA issued agency
guidance regarding the use of such evidence in Clean Air Act
enforcement proceedings. The Credible Evidence rule was
challenged by various parties filing in the United States Court
of Appeals for the District of Columbia Circuit. Commerce
Committee staff reviewed and monitored developments in EPA's
implementation of the new rule and the subsequent judicial
challenge.
    On October 22, 1997, EPA published the final ``Compliance
Assurance Monitoring'' rule, which became effective on November
21, 1997. The Compliance Assurance Monitoring rule concerned
certain air emission monitoring requirements established in
Clean Air Act operating permits. On January 8, 1998, EPA issued
agency guidance to EPA Regional Offices regarding the
implementation of the Compliance Assurance Monitoring rule with
existing Clean Air Act operating permit programs. Commerce
Committee staff reviewed and monitored developments in EPA's
implementation of the Compliance Assurance Monitoring rule.

               vehicle inspection and maintenance issues

    Vehicle Inspection and Maintenance (I&M) programs are
required for in-use vehicles in certain ozone nonattainment
areas. In the 104th Congress, the Committee reviewed the
effectiveness of such programs in two hearings held by the
Subcommittee on Oversight and Investigations as well as through
written correspondence and briefings. During the 105th
Congress, the Committee continued its oversight of I&M
programs, focusing specifically on the crediting of State I&M
programs with respect to State Implementation Plans and the
actual performance of various State I&M programs and
technologies.
    In addition, the Subcommittee on Health and Environment
specifically examined the issue of I&M ``avoidance'' in
Southern California during a field hearing held in San Diego on
November 17, 1997. This hearing examined the problem of cross-
border commuter vehicles which operated daily in Southern
California, but which were registered in Mexico. Although State
law required that such vehicles be subject to California State
vehicle I&M, the Federal government lacked authority to
intercept and deny entry to noncomplying vehicles entering the
United States. The Committee took action to address this
problem through approval of H.R. 8, a bill to deny entry to
certain noncomplying foreign-registered vehicles, which passed
the House, and was signed into law on October 27, 1998 (Public
Law 105-286).

                 national ambient air quality standards

    On December 13, 1996, the Environmental Protection Agency
(EPA) proposed revisions to the national ambient air quality
standards (NAAQS) for ozone and particulate matter. The new EPA
proposed rules were the focus of significant Committee
oversight activity during the 105th Congress.
    The Subcommittee on Health and Environment and the
Subcommittee on Oversight and Investigations held five joint
hearings on EPA's proposed revisions, and one joint hearing on
the final revised NAAQS that EPA issued on July 18, 1997. These
joint hearings explored uncertainties in the scientific bases
for EPA's revisions and identified significant concerns that
had been raised by the Department of Energy, Department of
Commerce, and other Federal agencies. The Subcommittees also
received testimony from State and local elected officials
expressing concern regarding EPA's proposed implementation
scheme for the revised standards.
    The Subcommittees' first hearing on April 10, 1997, focused
on the scientific bases for the proposed revisions. The
Subcommittees received testimony from a scientific expert panel
consisting of the current and four former chairmen of the Clean
Air Scientific Advisory Committee established under the 1990
amendments to the Clean Air Act. These scientists testified
that, in many cases, the scientific assumptions used by EPA
were subject to uncertainty and that the new standards relied
primarily on epidemiological associations from a limited number
of studies using data that had not been released for review by
other scientists. The Committee demanded that EPA release the
data. As a result of the Committee's efforts, an independent
scientific review panel is reviewing these key studies. The
results of that reanalysis will be used in EPA's next scheduled
5-year review of the revised standards.
    On April 17, 1997, the Subcommittees held a joint hearing
on Development of the Regulatory Impact Analysis for EPA's
Proposed Revisions. The Subcommittees received testimony from
representatives of the Office of Management and Budget (OMB)
and EPA. These officials testified regarding serious questions
raised by OMB, the Departments of Energy and Commerce, and
other Federal agencies during the internal regulatory review of
EPA's proposed revisions.
    On May 1, 1997, the Subcommittees held a joint hearing on
Perspectives of State and Local Elected Officials. The
Subcommittees received testimony from an expert panel of State
and local elected officials on impacts associated with EPA's
proposed standards and questions as to the legal authority for
EPA's proposed implementation scheme. On May 8, 1997, the
Subcommittees held a joint hearing and received testimony from
an expert panel regarding the Health Effects of Ozone and
Particulate Matter. On May 15, 1997, the Subcommittees held a
joint hearing to receive testimony from EPA Administrator Carol
M. Browner regarding the proposed revisions and certain adverse
views expressed by other Federal agencies.
    On July 18, 1997, EPA published the final revisions to the
NAAQS for ozone and particulate matter. Accompanying those
final rules was a July 16, 1997, Memorandum from the President
to the Administrator of the EPA regarding Implementation of
Revised Air Quality Standards for Ozone and Particulate Matter.
Based largely on issues raised during the five joint
Subcommittee hearings, the Memorandum outlined an alternative,
less burdensome approach for implementation of the revised
standards.
    On October 1, 1997, the Subcommittees held a joint hearing
on Implementation of the Clean Air Act NAAQS Revisions for
Ozone and Particulate Matter. The Subcommittees received
testimony from EPA Administrator Carol M. Browner on EPA's
legal authority for the alternative implementation scheme. The
Subcommittees also received testimony on implementation from an
expert panel of State and local officials and representatives
of small businesses subject to the revised standards. Because
the legal authority for EPA's alternative implementation scheme
remained uncertain, Members of the Committee on Commerce worked
to resolve the ambiguity by incorporating certain elements of
the alternative implementation scheme in the Transportation
Equity Act for the 21st Century (Public Law 105-178).

                               project xl

    ``Project XL'' refers to a broad set of actions by the
Environmental Protection Agency (EPA) to give parties subject
to regulation under the Clean Air Act and other environmental
laws flexibility to develop alternative environmental
strategies on the condition that such strategies produce
greater environmental benefits.
    The Subcommittee on Oversight and Investigations examined
this program during a November 4, 1997, hearing concerning
EPA's regulatory reinvention efforts. The hearing examined the
number and status of individual proposals considered under
Project XL, the approval and nonapproval of individual projects
by EPA, the use of a ``superior environmental test'' in the
approval process for Project XL proposals, and the constraints
imposed on projects by existing statutes.
    As of December 1998, EPA had received 66 proposals for
Project XL projects, however, only 10 projects were being
implemented. Since May 1995, 30 projects were withdrawn or
rejected by EPA, while 10 projects remained in the process of
developing a final project agreement (FPA). Five additional
projects were accepted into the Project XL program, but used an
alternative route to an FPA, and three projects were in other
stages of Project XL proposal review.
    The Committee will continue to review Project XL in the
106th Congress.

                           new source review

    On July 24, 1998, the Environmental Protection Agency (EPA)
published certain proposed alternatives for determining the
applicability of the New Source Review (NSR) program to
modifications of major sources under the Clean Air Act. EPA is
in the process of reviewing comments on its 1998 NSR proposal
as part of its ongoing consideration of its July 23, 1996,
proposed revisions to the NSR program. Most notably, the 1998
proposal seeks to alter the existing NSR analysis for
modifications of certain electric utility steam generating
units. At present, EPA reviews modifications of electric
utility steam generating units in a manner different than other
major sources. EPA's 1998 proposal suggests a new, different
NSR analysis that would apply to all major sources. Commerce
Committee staff reviewed EPA's proposal in the 105th Congress
and will continue to monitor development of the final revised
NSR rule, which EPA is expected to issue in 1999.

      implementation of safe drinking water act amendments of 1996

    On October 8, 1998, the Subcommittee on Health and
Environment held a hearing concerning the implementation of the
1996 Safe Drinking Water Act Amendments (Public Law 104-182).
This hearing reviewed the activities of the Environmental
Protection Agency (EPA) over the past two years to meet the
statutory deadlines established under the 1996 Amendments, as
well as EPA's work with State and local governments in
designing a number of new programs to address such matters as
source water protection, operator certification, and capacity
development. The hearing also focused on the status of the $8.6
billion State Revolving Fund, the amount and adequacy of
funding devoted to safe drinking water programs, the amount and
adequacy of funding devoted to research activities required by
the 1996 Amendments, and challenges that may be presented in
future implementation of the 1996 Amendments.
    In addition, during the 105th Congress, the Committee sent
letters to the EPA concerning State implementation of the State
Revolving Fund and the scientific studies necessary for
promulgation of the drinking water standard for arsenic.
    The Committee will continue to monitor the implementation
of the 1996 Safe Drinking Water Act Amendments in the 106th
Congress.

                          environmental audits

    On March 17, 1998, the Subcommittee on Oversight and
Investigations held a hearing on the Federal-State
relationship. The hearing focused on the Environmental
Protection Agency's (EPA's) response to State environmental
audit programs and examined four primary issues: (1) whether
environmental audits promote better environmental compliance;
(2) the extent to which State and Federal audit programs
encourage better audit practices; (3) the effect EPA practices
have had on self audit programs and how States and the Federal
government should work together to encourage self audits; and
(4) whether State audit programs lack the minimum statutory and
regulatory required criteria necessary for delegated authority
of environmental programs.
    Environmental audit reports are usually comprehensive self-
evaluations containing not only underlying data, but
indications of whether there has been an environmental
violation. Audit reports can also contain confidential internal
company discussions (e.g., legal analysis, opinions, suggested
corrective actions) pertaining to the findings of the audit and
how best to address them. Because of the candid nature of the
assessments contained in the audit reports, some have expressed
the concern that audit reports could be used by EPA to bring
civil actions for environmental violations, determine intent in
criminal suits, or otherwise be used by outside groups.
Companies who have completed or contemplated environmental
audits have expressed the view that voluntary disclosure of
information should be afforded some level of legal protection.
Witness testimony revealed instances when companies using State
self-audit laws had received lengthy and burdensome requests
for information from EPA, at least implying that EPA was
considering taking subsequent legal action.
    The Committee will continue to monitor the progress of
State environmental audit programs and the actions of EPA with
respect to the implementation of such programs.

        state enforcement programs under environmental statutes

    The last twenty-five years have seen a revolution in terms
of increased program delegation from the Environmental
Protection Agency's (EPA's) regions to the States, consistent
with the original intent of Congress. In many instances, States
are the primary permitting and enforcement authorities and
States have received EPA funding to carry out environmental
programs. The Committee has reviewed, and continues to review,
the implementation of the Federal-State environmental
partnership with a focus on determining which efforts can
minimize duplication and increase the effectiveness of
environmental programs. Three hearings conducted by the
Subcommittee on Oversight and Investigations on November 4,
1997, March 17, 1998, and June 23, 1998, examined various
elements of the State-Federal environmental partnership. The
Committee will continue to review the underlying State-Federal
partnership as well as monitor EPA efforts to review States'
performance under Federal environmental statutes.
    As part of this review, the June 23, 1998, hearing focused
on a General Accounting Office (GAO) report, released the day
of the hearing, entitled Environmental Protection: EPA's and
States' Efforts to Focus State Enforcement Programs on Results
(RCED-98-113). The GAO report analyzed the success of efforts
by States and the EPA to evaluate the effectiveness of State
environmental enforcement programs based on outcome-oriented
results (e.g., actual environmental improvements) instead of
the traditional measures of the number of enforcement actions
taken and fines assessed.
    In the report, GAO also highlighted two major areas of
concern. First, EPA needs to deliver a more consistent message
to the States regarding alternative compliance strategies.
Second, the report cited the need for EPA to work with States
to develop new alternative compliance program measures and to
overcome some of the technical barriers associated with
developing new methods for measuring the effectiveness of
alternative compliance programs.
    The Committee will continue to monitor this issue in the
106th Congress.

              Additional Oversight Hearings and Activities

      assisted suicide: legal, medical, ethical and social issues

    On March 6, 1997, the Subcommittee on Health and
Environment held an oversight hearing on Assisted Suicide:
Legal, Medical, Ethical, and Social Issues. The hearing
examined a wide range of arguments regarding assisted suicide.
Testimony was received from religious leaders, medical
practitioners, medical ethicists, and representatives of the
community of individuals with disabilities.
    Testimony presented at this hearing assisted the Committee
in the development of H.R. 1003, the Assisted Suicide Funding
Restriction Act of 1997, which was reported by the Committee
and enacted into law as Public Law 105-12.

   continued management concerns at the national institutes of health

    On June 19, 1997, the Subcommittee on Oversight and
Investigations held a hearing on continuing management concerns
at the National Institutes of Health (NIH). The hearing
examined the adequacy of NIH management of its personnel and
resources with respect to Congressional, Presidential, and NIH
bans of funds for human embryo research.
    The Committee will continue to examine the management and
operation of the National Institutes of Health in the 106th
Congress.

  adequacy of access to investigative drugs for seriously ill patients

    On September 23, 1997, the Subcommittee on Oversight and
Investigations held a hearing on the adequacy of access to
investigative drugs for seriously ill patients. The hearing
examined the concerns of patients with cancer or other life-
threatening diseases about their ability to obtain clearance
from the Food and Drug Administration (FDA) for access to
experimental treatments. The Subcommittee invited the FDA to
testify at this hearing and obtained privacy waivers from the
patient witnesses to enable FDA to respond fully. The
Department of Health and Human Services commended the
Subcommittee for seeking waivers from patients and sponsors,
but decided not to permit the FDA to testify at this open
hearing because of remaining confidentiality concerns. In
October 1997, the FDA briefed the Subcommittee in closed
session.
    The Committee will continue to examine this issue in the
106th Congress.

    the department of health and human services' policy for federal
                    workplace drug testing programs

    On July 23, 1998, the Subcommittee on Oversight and
Investigations held a hearing on the Department of Health and
Human Services' (HHS') Policy for Federal Workplace Drug-
Testing Programs. The purpose of the hearing was to determine
whether HHS has established the most effective drug-testing
policy by relying exclusively on urine-testing technology, and
if not, to examine what actions HHS can take to attain the most
effective drug-testing policy.
    Testimony presented at the hearing indicated that a
complementary program of urinanalysis, hair testing, and
perhaps blood testing, sweat testing, and saliva testing was
the optimal approach for a drug-testing program.
    The Committee will continue to monitoring the Substance
Abuse and Mental Health Administration and the Food and Drug
Administration as these agencies consider scientific issues
concerning alternative testing technologies to urinalysis.

                         environmental justice

    In February 1998, the Environmental Protection Agency (EPA)
issued the Interim Guidance for Investigating Title VI
Administrative Complaints (Interim Guidance) setting out how
EPA will decide ``environmental justice'' claims filed against
State environmental departments. These environmental justice
claims allege that a specific State environmental permitting
action discriminated against minority groups. Many State
government organizations, such as the National Governors'
Association, the U.S. Conference of Mayors, and the
Environmental Council of the States, complained that EPA should
have consulted with States, local governments, and other
stakeholders on this important issue and that the Interim
Guidance will hurt urban revitalization and the cleanup of
contaminated ``brownfields.''
    Commerce Committee staff met with EPA staff on three
separate occasions to discuss EPA's environmental justice
policy, and more specifically the development of the Interim
Guidance.
    On August 6, 1998, the Subcommittee on Oversight and
Investigations held a hearing on EPA's Title VI Interim
Guidance and Alternative State Approaches. The Subcommittee
heard testimony confirming that State officials had no input
into the development of EPA's Interim Guidance. Witnesses also
expressed concern that implementation of the Interim Guidance
would cause adverse environmental and economic effects. The
first witness panel included the Executive Director of the
Environmental Council of the States, the Director of the
Environmental Justice Initiative of the Natural Resources
Defense Council, and the President of the National Black
Chamber of Commerce. The Subcommittee next heard testimony from
the Texas Natural Resources Conservation Commission and the New
Jersey Department of Environmental Protection regarding these
States' innovative programs to enhance public participation in
the environmental permitting process, as an alternative to
EPA's approach. Finally, the Subcommittee received testimony
from the Director of EPA's Office of Civil Rights. The Director
testified that, were EPA to begin the Interim Guidance process
again, EPA clearly would recognize the importance of
stakeholder involvement earlier in the process. The Director
outlined certain steps that EPA would take to correct the lack
of State input.
    Concerned that the interests of States and municipalities
were not being adequately addressed on such an important policy
matter, the Committee sent a follow-up letter to the EPA on
October 26, 1998, suggesting the only method of policy
development which would provide the level of participation and
transparency necessary to address the valid concerns of States
and stakeholders would be the use of the all inclusive,
participatory measures afforded by notice and comment
rulemaking under the Administrative Procedure Act.
    The Committee will continue to examine this issue in the
106th Congress.

     imported drugs: u.s.-eu mutual recognition agreement on drug
                              inspections

    On October 2, 1998, the Subcommittee on Oversight and
Investigations held a hearing on the U.S.-EU (European Union)
mutual recognition agreement on drug inspections (MRA),
referred to as the annex on pharmaceutical good manufacturing
practices. The purpose of the hearing was to examine why
pharmaceuticals were included in the umbrella agreement, what
effect this MRA will have on protecting the health of the
American consumer, and any additional unresolved issues.
    The one panel of witnesses included lead negotiators from
the Office of the U.S. Trade Representative, the Department of
Commerce, and the Food and Drug Administration (FDA). These
officials discussed: (1) the history of the umbrella trade
agreement; (2) the current status of the pharmaceutical MRA;
(3) the unresolved issues; and (4) what cost and drain on FDA
resources will result from attempts to implement the
pharmaceutical MRA. The witnesses defended the MRA as being in
the best interest of the United States, arguing that the MRA
could save FDA resources, enhance trade, and eliminate
duplicative regulation.
    However, the hearing also demonstrated that there were many
unanswered concerns such as: the short-term increase of
resources needed; the questionable long-term savings for FDA;
whether FDA was pressured to lower drug safety and quality
standards; that the agreement may be unworkable because of many
unresolved questions; that the EU's technical trade barrier has
not been eliminated; and the further loss of pharmaceutical
manufacturing in the United States.
    As a result of the hearing, the Committee, on October 9,
1998, requested that the General Accounting Office: (1) produce
a projection of FDA costs incurred as a result of the MRA and
identify all the assumptions (including direct benefits to FDA)
required to make the cost projections; (2) identify other costs
(e.g., trade shifts) and benefits (e.g., good will) that would
not show up in FDA resource calculations; and (3) identify all
the unresolved issues of the Pharmaceutical GMP sector at the
time of its signing and determine the agreed plan of action of
both the U.S. and the EU for resolving those issues over the
three-year transition period.
    Action on this issue is expected to continue in the 106th
Congress.
                              ----------

                        ENERGY AND POWER ISSUES

                     electric utility restructuring

    During the 105th Congress, the Subcommittee on Energy and
Power held eight oversight hearings and two days of legislative
hearings on the issue of electric utility industry
restructuring. The oversight hearings were held on April 14,
April 18, May 2, May 9, June 19, July 9, September 5 and
September 24, 1997. The legislative hearings were held on
October 21 and October 22, 1997. The hearings focused on the
opportunities and challenges that would arise from giving
retail consumers the ability to choose their electricity
suppliers. Topics covered at the hearings included the impact
of retail competition on electricity prices, reliability, and
innovation. Testimony and information gathered at these
hearings provided a variety of positions on the necessity and
scope of Federal action related to electric utility
restructuring.
    The oversight hearings examined the many challenges that
face municipal generation facilities, investor-owned utilities,
and rural electric cooperatives in the transition to retail
competition. Comparisons were drawn between the successful
implementation of competition in the wholesale bulk electricity
markets and the effort to foster competition in retail markets.
Testimony was received from power suppliers, Federal and State
regulators, economists, labor unions, the environmental
community, and consumers.
    The Committee on Commerce plans to continue consideration
of electric utility industry restructuring legislation in the
106th Congress.

                  federal energy regulatory commission

    On September 25, 1998, the Subcommittee on Energy and Power
held an oversight hearing on the Federal hydroelectric
relicensing process. The hearing reviewed the Federal Energy
Regulatory Commission's (FERC's) hydroelectric relicensing
process, assessed whether there is a need to make improvements
to this process, and focused on whether there is a need for
Federal legislation to improve the process. The Committee will
continue to review FERC's regulation of hydropower facilities,
as well as its regulation of electric utilities and natural gas
and oil pipelines in the 106th Congress.

                 department of energy's budget request

    The Subcommittee on Energy and Power held oversight
hearings on both the Department of Energy's (DOE's) budget
request for Fiscal Year 1998 and the budget request for Fiscal
Year 1999.
    On February 11, 1997, the Subcommittee on Energy and Power
held an oversight hearing on the Department of Energy's budget
request for Fiscal Year 1998. The purpose of the hearing was to
examine the funding priorities within DOE as the Department's
mission shifts from nuclear weapons production to environmental
remediation of its contaminated weapons facilities. The hearing
focused on DOE's Environmental Management privatization
program; the nuclear waste program; energy security programs;
the Bonneville Power Administration; the Strategic Petroleum
Reserve; the national laboratories; and other DOE programs.
    On February 5, 1998, the Subcommittee on Energy and Power
held an oversight hearing on the Department of Energy's budget
request for Fiscal Year 1999. The purpose of the hearing was to
examine the agency's proposed $18.0 billion budget for Fiscal
Year 1999, a proposed increase of $1.47 billion (8.9 percent)
over Fiscal Year 1998. The hearing focused on a number of
issues facing the Department, including: energy security and
the status of the Strategic Petroleum Reserve; proposed funding
increases for global climate change research and development;
the operation of the Environmental Management program; and the
progress of site characterization activities at the proposed
high-level radioactive waste repository at Yucca Mountain,
Nevada.

       department of energy's office of environmental management

    In the 104th Congress, the Committee on Commerce began a
review of the Department of Energy's (DOE's) Office of
Environmental Management's (EM's) progress on cleaning up DOE's
contaminated waste sites. The Committee wanted to ensure that
DOE is cleaning up these sites in the most cost-effective and
responsible manner.
    During its hearings on DOE's proposed budgets for Fiscal
Years 1998 and 1999, the Subcommittee on Energy and Power
conducted extensive questioning of DOE plans for environmental
management, ranging from accelerated cleanup under DOE's
proposed closure accounts, to the efficiency of environmental
cleanup privatization projects, to the adequacy of cleanup
efforts at specific DOE sites.
    On July 27, 1998, the Subcommittee on Energy and Power held
an oversight hearing on the progress of the Uranium Mill
Tailings Radiation Control Act (Public Law 95-604, as amended),
which is nearing completion of the surface cleanup component at
22 uranium mill sites throughout the United States. As DOE
begins to shift to the groundwater cleanup of these
contaminated sites, the hearing provided an opportunity to
assess progress at these sites and evaluate the need for
additional statutory changes.
    In addition, in the 105th Congress, the Subcommittee on
Oversight and Investigations continued its review of the Office
of EM's management of the Office of Science and Technology
(OST). OST was created by DOE in response to a Congressional
directive in 1989 to begin a program to fund the development of
innovative environmental technologies that will improve DOE's
massive environmental restoration and management efforts--by
making them cheaper, faster, and safer.
    On May 7, 1997, the Subcommittee on Oversight and
Investigations held a hearing to review the management of the
OST. The hearing revealed that after seven years and nearly $3
billion spent by OST, few technologies created by OST had
actually been used by the Department. As a result, the benefits
of these new technologies have been very limited. In fact, DOE
was only able to identify less than $500 million in cost
savings from actual or planned use of OST-funded technologies.
    After the hearing, DOE initiated changes in OST management
and funding processes including a greater emphasis on
technology deployments and the application of peer review when
making funding decisions on new technologies. However, a
September 1998 report issued by the General Accounting Office,
entitled Further Actions Needed to Increase the Use of
Innovative Cleanup Technologies (GAO/RCED-98-249), which was
prepared at the request of the Committee, identified ongoing
problems with the OST program including: (1) inaccurate
deployment data; (2) completed technologies which are not
useful at DOE sites; (3) a lack of user involvement during the
development process: and (4) infrequent and ineffective
technical assistance by OST to DOE sites during technology
selection and implementation decisions. The Subcommittee will
continue to review the OST program in the 106th Congress.
    The Subcommittee on Oversight and Investigations, in the
105th Congress, also reviewed severe cost and schedule overruns
with DOE's Spent Nuclear Fuel project (SNF project) at the
Hanford site in Richland, Washington. The SNF project, an
effort to remove 210,000 spent nuclear fuel rods from leaking
wet storage basins located 400 yards from the Columbia River,
represents one of the largest health and safety risks within
the nuclear waste complex.
    At a May 12, 1998, hearing, testimony presented to the
Subcommittee on Oversight and Investigations revealed that the
SNF project had encountered more than $600 million in cost
overruns and scheduling problems which delayed the removal of
the deteriorated fuel elements by more than four years,
primarily because of weak project management and poor technical
performance by DOE and its contractors on this project.
    Since the hearing, DOE and the current contractors on the
project have restructured the SNF project management systems
and have taken steps to establish a credible technical, cost,
and schedule baseline for the project. Although progress is
being made, this multi-year project is still in the early
construction phase. The Committee will continue to monitor and
evaluate progress on the SNF project in the 106th Congress.

             plutonium disposition and stockpile management

    In response to concerns about the questionable state of
plutonium stockpile management throughout the Department of
Energy (DOE) complex, the Committee on Commerce requested the
General Accounting Office (GAO) to examine issues surrounding
stockpile management. In April 1997, GAO issued its first
report, Plutonium Needs, Costs, and Management Options (GAO/
RCED-97-98), which provided an overall assessment of current
DOE plutonium stockpiles and the different options employed for
the storage and handling of plutonium. A second GAO report,
Problems and Progress in Managing Plutonium (GAO/RCED-98-68),
issued in April 1998 provided a more detailed analysis of DOE's
handling of its plutonium stockpiles. This report found that
DOE was unlikely to meet its commitment date for stabilizing,
packaging, and storing plutonium waste streams, and that some
DOE workers risked exposure to excessive radioactivity due to
the Department's current storage procedures.
    With respect to surplus plutonium, DOE has been following a
dual-track approach to disposition. One approach would vitrify
plutonium into a glass matrix for disposal as a waste, the
other would process plutonium for use as mixed-oxide fuel (MOX)
in commercial nuclear reactors. Concerned about the progress of
this program, the Committee on Commerce sent letters to
Secretary of Energy Federico Pena on two occasions to prod the
department to action. On June 25, 1997, the Committee contacted
Secretary Pena to request action on the much-delayed issuance
of the implementation plan for the acquisition of MOX fuel
fabrication and reactor irradiation services. On May 8, 1998,
the Committee contacted Secretary Pena to question delays in
issuing the Request for Proposals to acquire MOX fuel
fabrication and reactor irradiation services. As a result of
these efforts, the final Request for Proposals was issued by
DOE on May 19, 1998. These administrative steps were crucial in
allowing the overall plutonium disposition strategy to move
forward at a responsible pace.

                      waste isolation pilot plant

    The Committee was instrumental in the passage of
legislation in 1996 (Public Law 104-201) to expedite the
opening of the Waste Isolation Pilot Plant (WIPP), which will
dispose of transuranic waste generated as a result of U.S.
atomic defense activities. At the beginning of the 105th
Congress, WIPP was awaiting final operating permits before
commencing disposal operations for defense-related transuranic
waste. At the Subcommittee on Energy and Power hearings on the
Department of Energy's (DOE's) proposed budgets for Fiscal
Years 1998 and 1999 budgets, Members engaged in extensive
questioning on the progress of the WIPP certification process.
On April 16, 1997, the Committee sent a letter to Secretary of
Energy Federico Pena and Environmental Protection Agency (EPA)
Administrator Carol M. Browner expressing concerns about the
timing of Federal certification activities which could impede
the facility's time line for operation. This action helped
break a bureaucratic logjam, culminating in the May 13, 1998,
EPA certification that WIPP would comply with environmental
requirements. Operations are expected to commence upon issuance
of a final permit by the State of New Mexico, sometime in 1999.

                           tritium production

    In the 105th Congress, the Committee on Commerce continued
to follow developments in the effort to secure a new tritium
production source for defense nuclear activities. The
Department of Energy (DOE) is following a dual-track approach
to tritium production, evaluating the potential use of either
nuclear reactors or a dedicated accelerator for this purpose.
In September 1997, the Nuclear Regulatory Commission (NRC)
issued a license amendment to the Tennessee Valley Authority
(TVA) authorizing the use of tritium-producing test assemblies
at TVA's Watts Bar reactor.
    The issue of tritium production was explored at the
Subcommittee on Energy and Power's hearings on DOE's proposed
budget requests for Fiscal Years 1998 and 1999. During those
hearings, representatives of DOE were questioned extensively
about DOE's plans to maintain the Fast Flux Test Facility
(FFTF) in standby mode for potential use as a tritium
production source when the facility does not meet DOE
qualifications as a production source under the dual-track
strategy.
    The Committee will continue to monitor this issue in the
106th Congress.

                  regulation of doe nuclear facilities

    The Subcommittee on Energy and Power held an oversight
hearing on May 20, 1998, to examine the issue of external
regulation of the Department of Energy's (DOE's) nuclear
facilities. Currently, the Department self-regulates its
responsibilities for worker protection and public health and
safety at its nuclear sites. DOE has advocated the
implementation of external regulation, utilizing the Nuclear
Regulatory Commission (NRC) as its regulatory body; however,
the DOE aborted an aggressive transition to external regulation
in favor of a multi-year pilot program to examine the effect of
NRC regulation in a more controlled setting. The hearing
focused on the early results of DOE's pilot program, the
potential cost savings and standardized regulatory benefits of
external regulation, the possible negative effects of the
increased regulatory burden on the NRC, and the proposal's
implications for national security and the decommissioning of
DOE facilities.

                     nuclear regulatory commission

    On March 25, 1998, the Subcommittee on Energy and Power
held a legislative hearing on the reauthorization of the
Nuclear Regulatory Commission (NRC). The purpose of the hearing
was to evaluate the NRC's Fiscal Year 1999 budget request, to
examine the Commission's use of annual charges and user fees to
pay for its operations, and to assess the NRC's progress in
transitioning to a performance-based regulatory system.
    Testimony received at the hearing assisted in the Committee
in its consideration of H.R. 3532, the Nuclear Regulatory
Commission Authorization Act for Fiscal Year 1999, which was
reported to the House on August 6, 1998.
    The Committee also continued to evaluate the feasibility of
the NRC to act as an external regulator at Department of Energy
(DOE) nuclear facilities. On May 20, 1998, the Subcommittee on
Energy and Power held an oversight hearing on the issue of
external regulation, examining the potential benefits and
drawbacks of NRC regulation at DOE sites.
    The Committee on Commerce also conducted oversight of the
NRC's regulation of commercial nuclear power plants by
initiating two investigations into shutdowns of commercial
reactors. One investigation focused on the shutdown of the
three nuclear reactors operated by Northeast Utilities at the
Millstone Power station in Connecticut, and the other focused
on the shutdown of the two reactors operated by Commonwealth
Edison at the Zion power station in Illinois. In light of the
NRC's January 1997 decision to add 11 plants to its Watch List
of problem commercial nuclear plants requiring increased
regulatory attention, the Committee's oversight efforts
primarily focused on the NRC's ability to ensure adequate
protection of the public health and safety through its
regulation of commercial nuclear power plants.
    On February 26 and 27, 1997, Committee staff conducted a
site visit to NRC Region I which included Northeast Utilities'
Corporate Headquarters and the Millstone Power station in
Connecticut. On October 28 and 29, 1997, staff conducted a site
visit to NRC Region III which included the NRC's Region III
headquarters, Commonwealth Edison's Nuclear Operations
Division, and Zion Nuclear Energy Station. In the course of
both site visits, the Committee conducted interviews with
representatives from the NRC, State government, the utilities,
and interested public parties. In addition, in both
investigations, the Committee also requested the Institute of
Nuclear Power Operations (INPO) to provide copies of their
confidential evaluation reports on the performance of these
utilities, in order to assess the adequacy of INPO's evaluation
and self-regulatory process.
    On January 15, 1998, Commonwealth Edison announced the
permanent shutdown of Zion. On June 29, 1998, the NRC
authorized Northeast Utilities to restart Millstone Unit 3.
Millstone Unit 1 and 2 remain on the NRC Watch List, as do
several Commonwealth Edison reactors. The Committee continues
to monitor the NRC's efforts to improve safety compliance at
the reactors operated by these companies.

                      energy efficiency standards

    The Subcommittee on Energy and Power reviewed the
Department of Energy's (DOE's) energy efficiency standards
program during consideration of legislation to reauthorize the
Energy Policy and Conservation Act (EPCA). The Subcommittee
held a hearing on energy conservation programs authorized by
EPCA on September 16, 1997. In addition, questions were raised
regarding the DOE energy efficiency standards program at the
Subcommittee on Energy and Power's oversight hearing on
February 11, 1997, on DOE's budget request for Fiscal Year
1998.

                           alternative fuels

    On July 21, 1998, the Subcommittee on Energy and Power held
a legislative hearing on H.R. 2568, the Energy Policy Act
Amendments of 1997. This bill amends the Energy Policy Act of
1992 (EPAct) to designate a biodiesel blend as an ``alternative
fuel'' and makes other changes to EPAct and the Energy Policy
and Conservation Act (EPCA) to promote the use of biodiesel
fuel. The hearing examined the effectiveness of the Department
of Energy (DOE) alternative fuels program authorized by EPAct,
in the course of reviewing the merits of H.R. 2568.
    As a result of the information obtained from the hearing,
legislative language was developed and eventually enacted into
law as part of Public Law 105-388, the Energy Conservation
Reauthorization Act of 1998, which: (1) promotes the use of
biodiesel fuel by providing credits for use of biodiesel fuel
by fleets and covered persons to offset their obligation to
purchase alternative fueled vehicles established by EPAct; and
(2) amends EPAct to require Federal agencies to report on their
compliance with the alternative fueled vehicle purchase
requirements in the Act and in Executive Order 13031.

                         global climate change

    The Subcommittee on Energy and Power held four hearings in
the 105th Congress on the international global climate change
negotiations and their impact on the environment and the U.S.
economy. The hearings were held on July 15, 1997; November 5,
1997; March 4, 1998; and October 6, 1998. The hearings focused
on the negotiations leading up to and beyond the international
agreement reached in Kyoto, Japan, in December 1997. This
agreement requires developed countries to take binding
commitments to reduce their greenhouse gas emissions within a
specified time frame. At the hearings, and in follow-up
correspondence, many Members expressed concern about the fact
that the agreement did not also include meaningful commitments
by key developing countries to limit their emissions. Also of
particular concern to the Committee was the lack of credible
information regarding the cost of this international agreement
and its impact on U.S. global trade competitiveness and jobs.
The Committee will continue to monitor this issue in the 106th
Congress.

            strategic petroleum reserve/u.s. energy security

    On September 16, 1997, the Subcommittee on Energy and Power
held a legislative hearing on H.R. 2472, a bill to extend
certain programs under the Energy Policy and Conservation Act.
That hearing focused on reauthorization of the Strategic
Petroleum Reserve and U.S. participation in the International
Energy Agreement. Testimony received at the hearing assisted in
the Committee in its consideration of H.R. 2472 which was
enacted into law as Public Law 105-177. Public Law 105-177
extends, through Fiscal Year 1999, the authorization of
appropriations for the Strategic Petroleum Reserve, and
preserves and expands the ability of U.S. oil companies to
participate in the International Energy Agreement without
violating antitrust laws.
    On October 2, 1998, the Subcommittee on Energy and Power
held an oversight hearing focusing on energy security issues,
entitled ``Energy Security: What Will The New Millennium
Bring?''. The future role of fossil fuels, the impacts of
energy conservation and energy efficiency efforts, and the
roles of renewable energy and other cutting edge energy
technologies were examined at the hearing. Also discussed were
the important policy elements which would insulate the United
States in a future energy crisis, and the importance of
additional steps to provide for the nation's future energy
security.

                            contract reform

    In October 1994, the Department of Energy (DOE) developed a
contract reform plan to improve its management of DOE
contractors, particularly management and operating contractors.
Contract reform is essential to improving DOE performance,
since 90 percent of DOE's budget is allocated to its
contractors.
    In the 105th Congress, the Subcommittee on Oversight and
Investigations held several hearings on DOE's contract reform
efforts. The Subcommittee conducted a programmatic review of
department-wide contract reform efforts and also reviewed
specific privatization contracts.
    On July 28 and 29, 1997, the Subcommittee on Oversight and
Investigations held two hearings on DOE's contract reform
effort to privatize the cleanup of buried radioactive wastes at
the Pit 9 site at DOE's Idaho National Environmental and
Engineering Laboratory (INEEL) located in Idaho Falls, Idaho.
In October of 1994, a subsidiary of Lockheed Martin was awarded
a $179 million privatization contract--a first of its kind--a
firm, fixed-price contract to retrieve and treat the Pit 9
wastes. This new contracting method was intended to speed
cleanup and demonstrate technologies that could be used
elsewhere at the INEEL site and across the DOE complex. Three
years into the contract, Lockheed Martin had incurred $300
million in total costs (exceeding the contract's entire value)
without completing the design and construction of the retrieval
and treatment facilities. Additionally, at least two years of
schedule delays had been incurred. In December 1996, Lockheed
submitted a request to the Department seeking $158 million in
additional compensation and a conversion of the contract to a
cost-reimbursable arrangement for any future work. Subsequent
to the hearing this offer was rejected by the Department, and
Lockheed received a cure notice. All cleanup work stopped at
Pit 9 and Lockheed filed a lawsuit challenging the cure notice
and seeking cost recovery.
    The Subcommittee hearing focused on the circumstances which
led to the failure of this contract reform effort. As a result
of the hearing, DOE committed to several improvements to its
privatization contracts including: (1) addressing Federal
staffing needs to provide the skills necessary to administer
privatization contracts; (2) negotiating a clear definition of
safety and health regulatory requirements into privatization
contracts; and (3) emphasizing the past performance and
experience of the contractor teams it procures for
privatization efforts.
    On October 23, 1997, the Subcommittee on Oversight and
Investigations held a hearing to review the Department's
implementation of contract reform focusing on performance-based
incentive (PBI) contracting. Under this approach, DOE and its
site contractors negotiate annually various tasks for which the
contractors will be awarded an incentive fee for completion
ahead of schedule. Under many PBI contracts, the contractors
receive little, if any, automatic base fees or ``subjective''
award fees, which were DOE's traditional contracting methods.
    Testimony presented at the hearing indicated a number of
problems associated with DOE's PBI contracts including a
failure to provide adequate guidance to site operations offices
and adequate controls on the establishment of reasonable
incentive fees. Consequently, PBI contracts generally lacked a
critical focus and the fees associated with them often seemed
arbitrary or simply failed to incentivize the contractors to
perform superior work. Since the Committee began its review of
the PBI program, DOE has taken steps to improve its
implementation of PBI contracts by: (1) providing guidance and
training to site operation offices; (2) initiating an annual
review of all PBI contracts at DOE headquarters; and (3)
ensuring that PBI contracts are negotiated and implemented at
the beginning of each fiscal year.
    On October 8, 1998, the Subcommittee on Oversight and
Investigations held a hearing to review the Department's $6.9
billion privatization contract with British Nuclear Fuels
Limited (BNFL) to clean up approximately 10 percent of the 54
million gallons of radioactive wastes stored in 177 underground
tanks at the Department's Hanford site in Richland, Washington.
The contract was signed in August 1998; however, DOE and BNFL
will continue to refine the technical and financial structure
of the contract over a 22-month period, at which point a final
fixed price will be proposed in August 2000. The current target
price of $6.9 billion includes $3.2 billion in profit and
financing costs.
    Testimony presented at the hearing indicated that DOE has
incorporated several of the lessons learned from Pit 9
privatization mistakes into this privatization contract.
However, an extensive review by the Subcommittee and an audit
presented at the hearing by the General Accounting Office
identified some serious and unresolved questions about the BNFL
contract. Principal among the concerns are the enormous
financing and profit costs of this approach; the financial
risks to DOE and the taxpayer if this approach fails; and the
Department's ability to oversee this effort.
    Oversight of contract reform will be a priority for the
Committee in the 106th Congress, and the Committee will
continue to monitor contracts as information becomes available
and critical decisions are made over the next two years.

             sale or lease of the naval petroleum reserves

    The Naval Petroleum and Oil Shale Reserves are commercial
oil and gas fields operated by the Federal government that no
longer have any strategic or national security value. During
the 105th Congress, Members of the Committee on Commerce were
appointed as conferees on two separate bills which disposed of
portions of the Naval Petroleum and Oil Shale Reserves. With
the enactment of H.R. 1119, the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85) and H.R. 3616, the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261), portions of the Naval Petroleum
Reserve were disposed of and ``administrative jurisdiction''
over the remaining portions of the Naval Petroleum and Oil
Shale Reserves was transferred to the Secretary of the
Interior.

            sale of the united states enrichment corporation

    The privatization of the United States Enrichment
Corporation (USEC), which had been authorized in the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public
Law 104-134), was finalized on July 28, 1998. USEC is
responsible for the enrichment of uranium for use in commercial
nuclear reactors. The Committee on Commerce closely followed
the progress of the privatization to ensure that statutory
guidelines and restrictions were adhered to during the process.
A number of post-privatization matters required subsequent
Congressional action, including the passage of legislation to
ensure that stores of depleted uranium hexafluoride (DUF6)
wastes transferred to the Department of Energy during the
privatization had a plan for proper environmental remediation.
Members of the Committee on Commerce were involved in the
negotiations that led to the passage of Public Law 105-204,
which requires the submission of a remediation plan and ensures
the availability of funds to decontaminate and decommission
DUF6 stockpiles and facilities.

                            doe assets sales

    On June 11, 1997, the Full Committee considered and
approved for transmittal to the Committee on the Budget for
inclusion in the Balanced Budget Act of 1997 a Committee Print
entitled ``Title III, Subtitle C--Sale of DOE Assets.'' This
Committee Print requires the Department of Energy (DOE) to sell
3.2 million pounds of surplus natural and low-enriched uranium
per year between Fiscal Years 1999-2002 at not less than fair
market value, subject to a determination such sale or sales
would not have an adverse material impact on the domestic
uranium mining, conversion, or enrichment industry. The
provisions of this Committee Print were transmitted to the
Committee on the Budget and included in the text of Title III
of H.R. 2015 as reported to the House, and as passed by the
House. However, during the House-Senate conference, the
provisions relating to the sale of DOE assets were deleted from
H.R. 2015. The Committee on Commerce will continue to monitor
the sale of DOE assets to ensure that DOE receives market value
for these assets.

              Additional Oversight Hearings and Activities

     the department of energy's funding of molten metal technology

    On November 5, 1997, the Subcommittee on Oversight and
Investigations began a series of hearings on the Department of
Energy's funding of a technology development grant awarded to
Molten Metal Technology (Molten Metal), a company that in 3
years received a 33-fold contract expansion on a non-
competitive basis for the development of an experimental
disposal process for radioactive wastes. The Committee's
investigation of Molten Metal was an outgrowth of the
Subcommittee's May 7, 1997, hearing that reviewed the
Department's management of the Office of Science and Technology
(OST).
    On November 5, 1997, the Subcommittee received testimony
from Mr. Thomas Grumbly, former DOE Assistant Secretary for
Environmental Management, and Mr. Peter Knight, Molten Metal's
representative who also was a senior official in both the 1992
and 1996 Clinton/Gore campaigns. The Subcommittee examined the
public support by Mr. Grumbly and Vice President Gore on Molten
Metal's behalf, the relationship and communications between Mr.
Knight, Mr. Grumbly, and Molten Metal, and Mr. Grumbly's
efforts within the Department on Molten Metal's behalf.
    On November 7 and 21, 1997, the Subcommittee received
testimony from career DOE employees responsible for the
Department's funding and contract administration decisions,
including Mr. Gerald Boyd, Deputy Assistant Secretary (DAS) for
OST, Dr. Clyde Frank, former DAS for OST, and Mr. William
Huber, the DOE technical representative on the Molten Metal
contract. At this hearing, questions were raised about how OST
made its decisions to fund Molten Metal, the influences of Mr.
Grumbly, Mr. Knight, and Molten Metal executives on these
decisions, and the rigor with which OST reviewed the technical
and commercial feasibility of Molten Metal's technology.
    On February 12, 1998, the Subcommittee received testimony
from Molten Metal executives, including Mr. William M. Haney,
III, former Chairman and CEO, and Mr. Victor Gatto, Vice
President of Government and Nuclear Sector. The Subcommittee
questioned Molten Metal's relationship with and use of Peter
Knight, and the timing of Molten Metal's campaign contributions
to the Clinton/Gore campaign, the Democratic National
Committee, and to causes affiliated with Vice President Gore,
which coincided with several DOE expansions of Molten Metal's
grants.
    This series of hearings, in conjunction with the
Subcommittee's May 7, 1997, hearing on the management of OST,
led to internal reforms in the way the Department grants and
reviews contracts within the Office of Science and Technology
at DOE.
                              ----------

                 FINANCE AND HAZARDOUS MATERIALS ISSUES

  private securities litigation reform act: state legislative efforts
                 such as proposition 211 in california

    The Subcommittee on Finance and Hazardous Materials held an
oversight hearing on October 21, 1997, on the implementation of
the Private Securities Litigation Reform Act of 1995 (Public
Law 104-67). The Subcommittee was interested in determining
whether or not the law was working as intended by the Congress,
and what effect State legislative initiatives, if passed, would
have on the law. Specifically, the hearing focused on the
effect the law was having on the number of class action
``strike'' suits being filed, and whether the protections
provided by the law were being used. Testimony received by the
Subcommittee was universal regarding the lack of use of the
safe harbor provided by the Reform Act. Testimony varied on the
effectiveness of the law, with regards to curbing strike suits,
from arguments that not enough time had passed to determine the
effects of the law to arguments that State courts were being
used to circumvent the Federal law.
    As a result of information obtained at this hearing, on May
19, 1998, the Subcommittee on Finance and Hazardous Materials
held a legislative hearing on H.R. 1689, the Securities
Litigation Uniform Standards Act of 1997. This bill was marked
up by the Committee and passed by the House; and, after
negotiations with the Senate, a Senate companion bill, S. 1260,
was enacted into law as Public Law 105-353.

                    the small order execution system

    The Small Order Execution System (SOES) is the system
established in 1984 by the National Association of Security
Dealers Automated Quotations (NASDAQ) to ensure that small
customers' orders would get filled. SOES provides for automatic
execution of small orders by retail customers.
    On August 3, 1998, the Subcommittee on Finance and
Hazardous Materials held an oversight hearing on the Small
Order Execution System. The hearing focused on how the system
impacts market liquidity and addressed the need for any changes
to the system. Specifically, testimony addressed whether the
ability of investors to get automatic execution of their stock
orders, as originally intended, is being fulfilled, or if the
current use of the system is an abuse that negatively affects
liquidity. The system is currently utilized primarily by
individuals that use their own capital in an attempt to profit
from quick trades. Arguments were made, both pro and con, over
the impact on liquidity of these trades.
    Recent rule changes, such as the reduction in the quote
size of a stock from 1000 shares to 100 shares and the order
handling rules, implemented by the Securities and Exchange
Commission have been designed to address many of these concerns
while ensuring the best execution for individual investor stock
purchase and sale orders.
    The Committee will monitor the impact of the rule changes
to determine if further action is required in the 106th
Congress.

          preserving derivatives' status as private contracts

    On May 7, 1998, the Commodity Futures Trading Commission
(CFTC) released a concept paper seeking public comment on the
over-the-counter (OTC) derivatives market. On June 16, 1998,
the Committee sent letters to the Chairman of the Federal
Reserve System, the Chairman of the Securities and Exchange
Commission, the Secretary of the Treasury, and the Chairwoman
of the CFTC seeking information on the effects of any new
regulatory changes to the OTC derivatives market. Some
Committee Members are concerned that the derivatives market,
which can provide valuable risk management, would be
compromised by any legal uncertainty arising from new
regulatory treatment. The Committee will continue to work in
the 106th Congress to ensure that the private contracts retain
their legal certainty and are not forced outside the United
States.

      social security modernization and its effects on the markets

    The Subcommittee on Finance and Hazardous Materials held an
oversight hearing on enhancing retirement income through
individual investment choices on June 24, 1998. Specifically,
the hearing focused on both increasing the rate of return of
Social Security taxes through private investment vehicles, such
as mutual funds, and the effects of new capital inflows on the
markets. The funding problems the current Social Security
structure will face in the near future has generated great
interest in making changes to the system. Many of the proposals
have included various degrees of privatization similar to the
models that have been implemented in other countries during the
past decade. Countries that have allowed or required private
investment options in place of social security taxes have
directed the funds into their capital markets.
    The Subcommittee received testimony on the ability of
individual investors to make personal investment choices and
the experience under other country's models. Arguments were
made that the increasing proportion of American workers that
invest through IRAs and employee sponsored retirement plans,
such as 401(k) plans, is an indication that Americans are able
and willing to acquire the knowledge necessary to invest in our
capital markets. Testimony was also presented that demonstrated
the greater historical rate of return of the stock market
compared to the lower, and in some cases negative, rate of
return for Social Security. The testimony also touched on
consumer protection issues, including investor education and
the challenges to investor protection.
    Because of the Committee's jurisdiction over Federal
securities regulation, the Committee on Commerce will play a
major role in the development of any future Social Security
privatization legislation.

               federal barriers to common sense cleanups

    The Subcommittee on Finance and Hazardous Materials held
two field hearings on Federal Barriers to Common Sense
Cleanups. The first Subcommittee field hearing was held on
February 14, 1997, in Columbus, Ohio. The second Subcommittee
field hearing was held on March 7, 1997, in New York City, New
York. These hearings provided Members of the Subcommittee
information regarding the under-used industrial and commercial
facilities (brownfields) where expansion or redevelopment is
complicated by real or perceived environmental contamination.
    Based on these field hearings and other hearings held in
the 104th Congress, legislative proposals were developed to
reform the Comprehensive Environmental Response, Compensation,
and Liability Act and make targeted reforms to the Resource
Conservation and Recovery Act. These proposals were included in
H.R. 3000, the Superfund Reform Act of 1997, which was the
subject of two legislative Subcommittee hearings on March 5,
and March 26, 1998.

             risk assessment and characterization practices

    In the 104th Congress, the Committee on Commerce played a
major role in the promotion of risk assessment and
characterization practices, particularly with respect to the
development of environmental policies. The Safe Drinking Water
Act Amendments of 1996 (Public Law 104-182) required the
Environmental Protection Agency (EPA) to follow risk
assessments based on the best available peer-reviewed science
and supporting studies conducted in accordance with sound and
objective scientific practices. These same principles were
included in the final report of the Risk Assessment and
Management Commission established under the Clean Air Act. That
report provided that a good risk management decision ``is based
on a careful analysis of the weight of scientific evidence that
supports conclusions about a problem's potential risks to human
health and the environment.''
    In the 105th Congress, the Committee on Commerce continued
to monitor and assess current agency risk assessment and
characterization practices to identify problems and plans for
change. The Subcommittee on Finance and Hazardous Materials
held several hearings on the operation and implementation of
the Superfund program which addressed, among other things,
problems with its risk assessment and characterization
practices. The Subcommittee on Health and Environment held an
oversight hearing on the implementation of the Safe Drinking
Water Act Amendments of 1996, which addressed, in part, risk
assessment practices under the new provisions of that Act.
    In addition, the Committee reviewed proposed guidelines
from the Environmental Protection Agency to assess carcinogenic
risks and provided comments on this proposed guidance to
promote sound and objective scientific practices as the basis
for risk assessments.

                 resource conservation and recovery act

    Committee staff met a dozen times with representatives of
the Environmental Protection Agency, State agencies, the
environmental community, and the regulated community to review
proposals to make the remediation waste program under the
Resource Conservation and Recovery Act (RCRA) more effective. A
number of draft legislative proposals were reviewed. The
Committee worked with the General Accounting Office to provide
reports on the RCRA remediation program.

                        toxic release inventory

    The Toxic Release Inventory (TRI) is the public database in
which information is collected under section 313 of the
Emergency Planning and Community Right-to-Know Act (EPCRA) and
section 6607 of the Pollution Prevention Act (PPA). Prior to
the start of the 105th Congress, the Environmental Protection
Agency (EPA) noticed its intention to expand the TRI to include
information on chemical use, or materials accounting. Chemical
use refers to information about the amounts of chemicals coming
into a facility, amounts transformed into products and wastes,
and the resulting amounts leaving the facility site.
    Commerce Committee staff met with representatives of EPA to
review the chemical emissions numbers released by EPA for 1995
and 1996, and the final EPA regulation expanding the industries
TRI covers.
    Commerce Committee staff also met with representatives of
EPA's Office of Ground Water and the Office of Congressional
and Legislative Affairs, and various stakeholders to discuss
injections into Class I underground injection wells as reported
through the Toxic Release Inventory (TRI). Stakeholders
represented included the environmental community, State
agencies responsible for protecting groundwater and enforcing
underground injection control requirements, and industry. The
meeting was convened in order to minimize the potential for
public misunderstanding of Class I injections as reported under
TRI.

            national association of insurance commissioners

    On June 24, 1997, the Subcommittee on Finance and Hazardous
Materials held a hearing on financial services reform. The
hearing focused on the impact of bank insurance sales
regulation on consumer protections and the implications of bank
insurance sales powers on competition in the insurance
industry. Testimony from the National Association of Insurance
Commissioners' (NAIC's) Vice President addressed issues of
uniform State licensing for insurance brokers, State
demutualization laws, and State redomestication laws.
    On July 17, 1997, the Subcommittee on Finance and Hazardous
Materials held a hearing on H.R. 10, the Financial Services
Competitiveness Act of 1997. Testimony was received from the
Chairman of the National Association of Insurance
Commissioners' Special Committee on Banks and Insurance.
Specifically, the testimony addressed functional regulation as
it relates to State authority, consumer protection in the
context of the Office of the Comptroller of the Currency
actions and Federal Court decisions, and insurance regulations
as they relate to H.R. 10.
    These hearings assisted the Committee in drafting
legislative language that was included in H.R. 10, the
Financial Services Act of 1998, which passed the House in the
105th Congress.

              Additional Oversight Hearings and Activities

                       financial services reform

    During the 105th Congress, the Subcommittee on Finance and
Hazardous Materials held three oversight hearings on the
financial services industry modernization. The hearings focused
on the current regulatory structure for the securities,
insurance, and banking industries; the need for modernization;
the barriers to increased competition; and the impact of
modernization on consumers and taxpayers.
    On May 1, 1997, the Subcommittee received testimony that
addressed the ``two way street''--the ability of financial
entities to compete with each other without disparity. The
Subcommittee examined the ability of different financial
service providers to offer the same services without disparate
regulatory treatment. The testimony received focused on the
impact of any disparate treatment on competition and on
consumer and investor protections.
    On May 14, 1997, the Subcommittee on Finance and Hazardous
Materials examined the impact of mergers and acquisitions
within the financial services industry. Testimony focused on
the efficiencies of consolidation and affiliations, competitive
disparity and advantages gained by entities able to merge over
financial service firms unable or prohibited from certain
mergers, and the impact of recent mergers on legislative
efforts to modernize the financial services industry.
    The Subcommittee received testimony on insurance regulation
at the June 24, 1997, hearing. Specifically, the hearing
focused on the impact of bank insurance sales regulation on
consumer protections and the implications of bank insurance
sales powers on competition in the insurance industry.
Testimony also addressed issues of uniform State licensing for
insurance brokers, State demutualization laws, and State
redomestication laws.
    These hearings assisted the Committee in drafting
legislative language that was included in H.R. 10, the
Financial Services Act of 1998, which passed the House in the
105th Congress.

                               superfund

    During the 104th Congress, the Committee on Commerce held
eight oversight hearings addressing specific areas of the
Superfund Program. During the 105th Congress, the Subcommittee
on Finance and Hazardous Materials held two oversight hearings
on the Superfund program.
    On September 4, 1997, the Subcommittee on Finance and
Hazardous Materials held an oversight hearing on the Operation
of the Superfund Program, at which Members of Congress
testified before the Subcommittee on how the Superfund Program
is working, or not working, as the case may be, in their
Districts.
    On February 4, 1998, the Subcommittee on Finance and
Hazardous Materials held an oversight hearing on the Status of
the Superfund Program. The hearing focused on the pace of
cleanup at National Priorities List (NPL) sites. According to a
March 1997 GAO study (Times to Complete the Assessment and
Cleanup of Hazardous Waste Sites, United States General
Accounting Office, March, 1997, GAO/RCED-97-20) and a September
1997 follow-up report, it takes an average of 9.4 years from
the time a ``non-Federal'' site (generally, a site not owned or
operated by the Federal government) is discovered until the
time it is listed on the NPL. The study also determined that
the time from site listing until cleanup completion (defined as
the date on which the U.S. Environmental Protection Agency
(EPA) issued a remedial action report indicating that cleanup
construction had been completed) was 10.6 years. Witnesses
discussed (1) criticisms that the Superfund program has been
slow, unnecessarily costly, and overly litigious, and (2)
reform efforts to correct these perceived problems, among
others.
    Based on these hearings and the hearings held in the 104th
Congress, legislative proposals were developed to reform the
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA or Superfund). These proposals were
included in H.R. 3000, the Superfund Reform Act of 1997, which
was the subject of two legislative Subcommittee hearings on
March 5, and March 26, 1998.
                              ----------

       TELECOMMUNICATIONS, TRADE, AND CONSUMER PROTECTION ISSUES

          implementation of the telecommunications act of 1996

    In the 104th Congress, the Telecommunications Act of 1996
(the Telecommunications Act) was enacted into law as Public Law
104-104, with the stated purposes of promoting competition,
reducing regulation, and encouraging the rapid deployment of
new telecommunications technology. In crafting this
legislation, Congress realized that, if properly implemented,
the Telecommunications Act would give American
telecommunications consumers lower prices, more choice, and
better service. Since the date of its enactment, the Committee
on Commerce has closely monitored the entities charged with
implementing the Telecommunications Act, including the Federal
Communications Commission (FCC), State Public Utility
Commissions, and the Department of Justice, as well as other
entities.
    With respect to some of the major provisions of the
Telecommunications Act, the Commerce Committee has aggressively
sought to ensure that Congressional intent is being satisfied.
Over the course of the 105th Congress, the Chairman of the
Committee on Commerce sent a series of letters, some of which
were co-signed by ranking majority and minority members for the
House and Senate Commerce Committees, to the FCC regarding the
FCC's plan to implement the schools and libraries provision of
universal service section of the Telecommunications Act. In
particular, Members expressed their concern that the FCC's
implementation strategy would cause telephone rates to increase
for many Americans. While the FCC ultimately modified its
program in response to the Committee's concern, the FCC did not
go far enough to prevent rate increases. In addition, on June
20, 1997, the Committee sent a letter to the FCC clarifying
Congressional intent regarding the conditions that must be
satisfied for a Bell Operating Company to offer in-region,
interLATA services. The Committee also sent letters to the
appropriate Federal and State regulatory agencies, private
industry, and consumer advocates requesting data on the state
of local telephone competition. The Commerce Committee will use
the data to determine whether local telephone competition is
occurring as Congress envisioned with the passage of the
Telecommunications Act.
    As part of a reauthorization hearing of the FCC, on March
31, 1998, Members of the Subcommittee on Telecommunications,
Trade, and Consumer Protection questioned FCC Commissioners on
their implementation of the Telecommunications Act. Specific
issues raised at the hearing included the FCC's implementation
of the schools and libraries provision and Bell Operating
Company entry into the interLATA market provision of the
Telecommunications Act.
    In addition, in November 1997, the Subcommittee on
Oversight and Investigations began an investigation of the
FCC's implementation of universal service. Section 254 of the
Communications Act directs the FCC to implement programs to
ensure universal telephone service throughout the nation. The
Committee sent a series of letters to the FCC and the Chief
Executive Officers of AT&T Corporation and MCI
Telecommunications Corporation and requested that they identify
meetings and produce documents related to the FCC's
implementation of the universal service provisions of the
Telecommunications Act of 1996. Committee staff also
interviewed numerous FCC and industry representatives to
ascertain how the FCC implemented the schools and libraries
program. After extensive review of the documents submitted to
the Committee and interviews with representatives of the FCC,
Administration, and long distance companies, the Committee
remains concerned that the FCC inappropriately pressured and
threatened long distance companies not to recover the cost of
the schools and libraries program from residential consumers
for at least six months. The Committee intends to closely
monitor the implementation of this program in the 106th
Congress.
    In connection with its review of the implementation of the
Telecommunications Act, the Committee was disturbed by
information indicating that one Regional Bell Operating Company
was taking certain inappropriate actions in connection with
that company's efforts to gain long distance entry pursuant to
the requirements set forth in section 271 of the Act.
Specifically, the Wall Street Journal reported that BellSouth
``offered to drop a legal challenge to Teligent's FCC licenses
if the start-up local company would support its long distance
application.'' After reviewing relevant documents and
interviewing various individuals, the Committee concluded that
BellSouth had indeed acted in a troubling manner in connection
with its efforts to gain support for its 271 application. The
Committee wrote to BellSouth to set forth its findings. The
Committee also wrote to the FCC Chairman to disclose its
findings and to urge the FCC to take all appropriate measures
to ensure that filings in support of future section 271
applications are genuine indications that the applicant's local
exchange market is open to competition. The Committee suggested
that the FCC, as part of its public interest analysis, could
consider requiring applicants to certify to the FCC that they
neither gave nor promised any type of benefit to other
companies or individuals as part of their efforts to generate
support for such applications. The FCC Chairman responded by
noting that the Committee's findings are ``serious and
troubling'' and that he would give consideration to the
Committee's suggestion.
    Finally, the Committee closely monitored the FCC's
implementation of section 304 of the Telecommunications Act of
1996. Section 304 is intended to promote competition in the
market for customer premises equipment that is used to navigate
multichannel video programming distribution (MVPD) systems. On
June 10, 1998, the Committee sent a letter to the FCC urging
the agency to comply with the intent of section 304.
    The Committee on Commerce will continue to oversee the
implementation of the Telecommunications Act during the 106th
Congress.

                   federal communications commission

    On March 31, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held a hearing on the statutory
reauthorization of the Federal Communications Commission (FCC).
Given the FCC's ongoing implementation of the
Telecommunications Act of 1996, the formulation of
telecommunications policy is now at a critical juncture.
Congress, either collectively or through individual Members,
had expressed concern over the FCC's implementation of a number
of important issues, including (but not limited to) free air
time for political candidates and universal service funding for
schools and libraries. Moreover, the Telecommunications Act of
1996 establishes as U.S. policy the deregulation of
telecommunications. The Subcommittee used the hearing to
examine whether the FCC was taking sufficient steps toward
deregulation, including whether the FCC has established long-
range plans for both eliminating regulations for competitive
markets and reducing its staff rolls.

                            cellular privacy

    On February 5, 1997, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held an
oversight hearing on the privacy protections afforded cellular
telecommunications users. The hearing was instrumental in
identifying weaknesses in current law regarding the
interception of cellular communications and the ease with which
scanner equipment may be used to intercept such communications.
The hearing also identified potential solutions to improve the
privacy protections of cellular consumers.
    During the hearing, the Subcommittee Chairman, with the
assistance of the Cellular Telecommunications Industry
Association (CTIA), conducted a demonstration to show the ease
with which cellular communications can be intercepted by using
off-the-shelf technology and technical information easily
obtained via the Internet. After the hearing, the Committee
sent follow-up letters to the Federal Communications
Commission, the Department of Justice, and the Federal Bureau
of Investigation. These letters complemented the information
obtained at the hearing.
    Testimony received at the hearing and the follow-up letters
assisted the Committee during its consideration of H.R. 2369,
the Wireless Privacy Enhancement Act of 1998, which the House
passed on March 5, 1998.

                          spectrum management

    On February 12, 1997, and on September 18, 1998, the
Subcommittee on Telecommunications, Trade, and Consumer
Protection held hearings on spectrum management policy. Because
of the increasingly critical role spectrum plays in providing
the American people with the communications services they
value, the Federal government's role in managing the allocation
and assignment of spectrum has become particularly important.
Congress' principal mandate to the FCC has been to license
services quickly and efficiently so as to further the public
interest, convenience, and necessity. Congress has emphasized
the importance of the licensing process because efficient
licensing ensures the deployment of a wide array of services
from multiple providers, which in turn promotes competition and
lower prices for consumers.
    But notwithstanding Congress' preference for an efficient
licensing regime, numerous FCC licensing proceedings have
become embroiled in unrelated or secondary issues. Testimony at
the hearings indicated that a substantial amount of spectrum
lies fallow in numerous administrative and legal proceedings.
The Committee urged the FCC to focus on its statutory
responsibility to promote intense and efficient use of the
electromagnetic spectrum, and will continue to monitor this
issue in the 106th Congress.

                  corporation for public broadcasting

    On October 5, 1998, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held a legislative hearing on
H.R. 4067, the Public Broadcasting Reform Act of 1998. The
hearing explored the public broadcasting communities',
including the Corporation for Public Broadcasting (CPB),
viewpoint on the strengths and weaknesses of the bill. The
hearing also examined the extent of Federal funding necessary
for the continued operations of CPB. Lastly, the hearing
explored the level of Federal funding CPB viewed as necessary
to fully convert from analog to digital television
transmissions.
    Section 396(e)(1) of the Communications Act of 1934
prohibits CPB from compensating its officers or employees at an
annual rate of basic pay for Level 1 of the Executive Schedule.
Section 396(k)(9) prohibits CPB from distributing public funds
to the Public Broadcasting Service (PBS) and National Public
Radio (NPR) unless assurances are provided to CPB that PBS and
NPR are compensating their officers and employees at an annual
rate of pay that does not exceed the rate of pay for Level 1 of
the Executive Schedule. Based on a press report, the Committee
became concerned that in recent years PBS and NPR may have
distributed compensation that exceeded the salary cap.
Specifically, the news report indicated that PBS paid the
following bonuses to certain PBS officers: $28,950; $30,700;
$32,410; $25,910; and $23,945. The Committee was concerned that
these large bonuses were an effort to circumvent the Section
396 salary cap and also had concerns about the size of these
bonuses.
    The Committee wrote to CPB, NPR, and PBS to express its
concerns and to request information relating to the payment of
compensation. PBS and NPR wrote to assure the Committee that
they were in compliance with the statutory provisions regarding
the salary caps. CPB stated that the payment of ``bonuses are
not prohibited by the Act, so long as they are unexpected,
unusual or extraordinary, even if they otherwise exceed the
Section 396 salary caps. CPB assured the Committee that it was
satisfied that PBS and NPR had complied with the relevant
statutory provisions on payments to officers. The Committee
intends to ensure the compliance with all sections of the
Communications Act of 1934.
    Notably, in its response to the Committee's request for
information, PBS disclosed that in 1996 six officers or
employees had received total compensation (including base
salary, bonuses or other supplemental pay) that exceeded the
salary cap. In fact, those six officers all received bonuses of
more than $23,000, with the PBS President and CEO receiving a
bonus of $45,000. PBS also disclosed that, in 1997, four PBS
officers received total compensation that exceeded the salary
cap, with the PBS President and CEO receiving a $37,000 bonus.
It should be noted that from 1990 to 1996, PBS did not have any
instances in which an officer received total compensation in
excess of the salary cap. From 1979 through 1989, there were a
total of only six instances in which an officer received total
compensation in excess on the salary cap. (One officer in 1982,
1983, 1989 and 1990; two officers in 1986). Despite the
substantial increase in the number of people whose total
compensation exceeded the salary cap, PBS assured the Committee
that it was not attempting to circumvent the salary cap and
that these bonuses were for exceptionally meritorious
performance. PBS also informed the Committee that it did not
expect to have any instances in 1998 in which an officer's
total compensation exceeded the salary cap.
    The Committee also looked into allegations by the former
CPB Inspector General (IG) that he had been improperly
dismissed by the CPB Board of Directors. Committee staff met
with the former IG and with members of the CPB Board, including
Chair Diane Blair, to discuss the former IG's allegations. The
Board explained the reasons for the dismissal of the IG. In the
course of reviewing these allegations and learning of the
interactions between the CPB Board and the former IG, who is
hired and subject to removal by the CPB Board, the Committee
became concerned that the Board and IG had not developed a
working plan to ensure the institutional independence of the
CPB. The CPB Board agreed to address this situation and take
measures to ensure that the IG has the necessary independence
to discharge the IG's responsibilities.
    The Committee will continue to monitor the operations of
the CPB, NPR and PBS during the 106th Congress.

       national telecommunications and information administration

    Congress created the National Telecommunications and
Information Administration (NTIA) in 1978 to perform a number
of functions including: advising the President on
telecommunications policy; developing policies for
international communications conferences; managing Federal use
of the radio frequency spectrum; and awarding financial grants
to communications companies in need of assistance. On April 24,
1997, the Subcommittee on Telecommunications, Trade, and
Consumer Protection held a hearing on the statutory
reauthorization of the NTIA. Committee Members discussed NTIA's
core functions, its budget, Federal use of the radio frequency
spectrum, and whether NTIA has the authority to administer the
Telecommunications Information and Infrastructure Assistance
Program.

                  telecommunications trade agreements

    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held two hearings in which telecommunications trade
agreements were discussed.
    The first hearing on March 19, 1997, examined the World
Trade Organization's (WTO's) agreement on basic
telecommunications. The hearing informed Members of the
Subcommittee on the WTO basic telecommunications agreement,
including its reliance on principles codified in the
Telecommunications Act of 1996 and on the planned
implementation of that agreement.
    The impact of the WTO basic telecommunications agreement on
satellite communications was discussed at a legislative hearing
on H.R. 1872, the Communications Satellite Competition and
Privatization Act of 1997, held on September 30, 1997, by the
Subcommittee on Telecommunications, Trade and Consumer
Protection.

          automobile safety--airbags and other safety devices

    On April 28, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held a hearing entitled ``Air
Bags, Car Seats, and Child Safety'' which focused on the
potential for injury from air bag deployments, methods to
reduce that potential for injury, and other strategies for
protecting children from injuries in automobile crashes. In
addition, the issue of air bags and the statutory mandate for
air bags was extensively discussed in the Subcommittee's May
22, 1997, oversight hearing on the National Highway Traffic
Safety Administration (NHTSA) in preparation for its
reauthorization.
    As a result of these oversight activities, the Committee
reported, and the House passed, H.R. 2691, the National Highway
Traffic Safety Administration Reauthorization Act of 1998. The
Committee's NHTSA reauthorization provisions were also included
in the Transportation Equity Act for the 21st Century (Public
Law 105-178). As enacted into law, Public Law 105-178 includes
language directing the Secretary of Transportation to
promulgate a rule improving protection for all motor vehicle
occupants while minimizing the risk to infants, children, and
other occupants.

             automobile safety--nhtsa defect investigations

    On May 22, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held an oversight hearing on
issues related to the reauthorization of National Highway
Traffic Safety Administration (NHTSA). Among the issues
discussed at the hearing were the procedures used by NHTSA in
investigating allegations of motor vehicle safety defects. At
the hearing, automobile manufacturers raised concerns about the
fairness of the NHTSA defect investigation process, and NHTSA
officials gave the Subcommittee assurances that the agency
would continue to work with industry to reduce the adversarial
nature of the process.

        automobile safety--the national crash assessment program

    On May 22, 1997, the Subcommittee on Telecommunications,
Trade, and Consumer Protection held an oversight hearing on
issues related to the reauthorization of National Highway
Traffic Safety Administration (NHTSA). Among the issues
discussed at the hearing was the agency's efforts to provide
consumers with information on the relative safety of motor
vehicles through its National Crash Assessment Program (NCAP).
During the hearing, the Subcommittee solicited the views of
NHTSA, motor vehicle manufacturers, and insurers (who run a
similar crash testing program) on the effectiveness of NCAP and
its ratings system. The Committee will continue to monitor
concerns of manufacturers about the fairness of the testing
methods and the ways in which the information is disseminated.

                    american automobile labeling act

    In the Subcommittee's May 22, 1997, hearing on the
reauthorization of the National Highway Traffic Safety
Administration (NHTSA), members of the Subcommittee
Telecommunications, Trade, and Consumer Protection discussed
concerns on the part of some automobile manufacturers about the
fairness of the American Automobile Labeling Act (AALA). As a
result of the information obtained in the hearing, the
Committee's NHTSA reauthorization provisions of the
Transportation Equity Act for the 21st Century (Public Law 105-
178) included language amending the AALA to modify the formulas
used in computing domestic content and the information to be
displayed on the AALA label.

                    consumer protection enforcement

    The Committee on Commerce continued its oversight of the
Federal Trade Commission (FTC) and its efforts to protect
consumers against unfair and deceptive practices. Much of the
Committee's efforts focused on the FTC's work in the area of
electronic privacy. On March 4, 1998, the Committee sent
several questions to the FTC regarding its work on electronic
privacy and received the FTC's response on April 15, 1998.
Representatives of the FTC also briefed Commerce Committee
staff on the progress of the FTC's report on consumer privacy
on the Internet.

                 ``made in america'' labeling standards

    During 1995 and 1996, the Federal Trade Commission (FTC)
undertook an extensive effort to examine its past standard for
unqualified ``Made in America'' or ``Made in U.S.A'' claims.
The Committee on Commerce monitored the FTC's work in this area
through December 1, 1997, when the FTC informed the Committee
of its decision to retain its existing ``all'' or ``virtually
all'' standard for evaluating unqualified ``Made in America''
or ``Made in U.S.A.'' claims.

                   consumer product safety commission

    On October 23, 1997, the Subcommittee on
Telecommunications, Trade, and Consumer Protection held a
hearing on reauthorization of the CPSC, focusing on the General
Accounting Office report entitled, Consumer Product Safety
Commission: Better Data Needed to Help Identify and Analyze
Potential Hazards. This hearing created the foundation for
subsequent proposals by the CPSC and various other private
business and consumer association recommendations for
legislative restructuring of the CPSC, which the Committee is
currently examining.

                department of commerce management issues

    In the 105th Congress, the Committee continued to review
Department of Commerce Management issues. The Committee
followed up on an inquiry that it had commenced in the 104th
Congress concerning the award by the Department's Minority
Business Development Agency (MBDA) of a $3.2 million
cooperative agreement in 1994 to the Cordoba Corporation, whose
owner had political and fundraising ties to the Clinton-Gore
campaign, to operate a large-scale minority business center in
Los Angeles (the L.A. MEGA Center). Cordoba had finished a
distant second in the original competitive solicitation but
nonetheless was processed for the award. During this
processing, it was determined that Cordoba's bid was non-
responsive and rather than selecting the top-ranked bidder, the
Department canceled the solicitation and issued a revised
solicitation, which Cordoba won. During the processing for this
award, the Department's Inspector General raised substantial
concerns about the financial viability and questionable
business integrity of Cordoba. Nevertheless, MBDA awarded the
grant to Cordoba. After Cordoba received several poor ratings
from MBDA's regional office, MBDA did not renew the grant and
the MEGA center was closed in 1995.
    The IG issued an audit report in February 1997 on the MBDA
grant with Cordoba to run the L.A. MEGA Center, concluding that
Cordoba owed the government $222,756. After reviewing MBDA's
response to the audit report's findings and recommendations,
the Committee wrote to express strong concerns about MBDA's
response and urged the Department to accept all of the IG's
findings and implement all of the report's recommendations.
According to the Department, on February 13, 1998, the
Departmental Audit Resolution Determination of the Cordoba
Corporation award determined that Cordoba owed the Federal
government $50,400. After Cordoba appealed this determination,
the Department revised the debt to $19,407. Cordoba has entered
into a repayment plan and has paid $5,000 thus far.
    The Committee also wrote to the Department in June 1997 to
express concerns about an upcoming Department-funded trade
mission to Honduras. The trip was being organized by a MBDA
grantee. According to the mission itinerary obtained by the
Committee, the mode of transportation to Honduras included a
three-day cruise aboard a luxury liner. The itinerary indicated
only one day of scheduled business in Honduras. In addition, it
appeared that MBDA was subsidizing a significant portion of the
mission costs for its private sector participants. After
receiving the Committee's letter, the Department canceled the
trip and indicated that the mission was to be ``rescheduled and
redesigned.''
Advanced Technology Program
    The Committee also began a review of the Department's
Advanced Technology Program (ATP), which is administered by the
National Institute of Standards and Technology (NIST). The
Omnibus Trade and Competitiveness Act of 1988 (Public Law 100-
418, codified at 15 U.S.C. 278n) established the ATP for the
purpose of funding new high-risk, pre-competitive technologies
that are not being adequately developed by private capital
markets. On July 2, 1997, the Commerce Committee Chairman,
along with the Chairman of the Senate Committee on Government
Affairs' Subcommittee on Government Management, Restructuring
and the District of Columbia requested GAO to conduct a
detailed review of the ATP. GAO released the report, titled
``Federal Research Challenges to Implementing the Advanced
Technology Program'' (GAO/RCED/OCE-98-83R), in March of 1998.
While noting that ``the program's recently revised regulations
appear to be more closely tied to addressing the underlying
economics of market failure than they have been in the past . .
. Significant challenges remain in connection with NIST's
ability to identify the projects in which market failure has
occurred.''
    The Committee again wrote to Secretary Daley to request
information and documents on the Department's implementation of
the program. The Committee intends to continue to review this
program in the 106th Congress.

              Additional Oversight Hearings and Activities

                        product liability reform

    The Subcommittee on Telecommunications, Trade, and Consumer
Protection held two oversight hearings on product liability
reform in the 105th Congress. On April 8, 1997, the
Subcommittee held an oversight hearing on whether our legal
system is jeopardizing consumers' access to life-saving
products. Although almost 8 million Americans have had their
lives saved or improved by implantable medical devices
containing biomaterials, testimony presented at hearing
indicated many biomaterials suppliers have limited or
discontinued sales of their products to medical device
manufacturers because of liability exposure. On April 30, 1997,
the Subcommittee held an oversight hearing on how the legal fee
structure affects consumer compensation.
    Testimony presented at the April 8, 1997, Subcommittee
hearing assisted the Committee in its consideration of H.R.
872, the Biomaterials Access Assurance Act of 1998, which was
enacted into law as Public law 105-230.

                   united states trade representative

    In August 1998, the Committee began an inquiry into certain
aspects of the 1996 U.S.-Japan Insurance Agreement.
Specifically, the Committee was informed that the United States
Trade Representative had entered into a secret ``private
minute'' with respect to the Agreement. This minute was not
signed, dated nor initially publicly disclosed. The Committee's
inquiry seeks to determine the manner in which this private
minute was developed and agreed to and the appropriateness of
entering into such an agreement. The Committee is reviewing
documents and interviewing individuals involved in the matter.
The Committee intends to continue this review in the 106th
Congress.

 the circumstances surrounding the federal communications commission's
                   planned relocation to the portals

    In late 1997, the Subcommittee on Oversight and
Investigations began to investigate the circumstances
surrounding the Federal Communication Commission's planned
relocation to the Portals building. The initial investigation
was based on allegations of political favoritism in return for
campaign contributions to various Democratic political groups,
as well as concern that Franklin L. Haney, a partner in the
Portals building, had paid Peter Knight, one of his
representatives, an unlawful $1 million contingency fee to
assist in obtaining a Federal lease for the Portals building.
The investigation was later expanded to review Portals-related
fee arrangements between Mr. Haney and James Sasser, a former
U.S. Senator and current U.S. Ambassador to the People's
Republic of China, and between Mr. Haney and John Wagster,
another of Mr. Haney's representatives. They were paid $1
million and $500,000 by Mr. Haney, respectively.
    The Committee requested and reviewed documents from the
Federal Communications Commission (FCC) and the General
Services Administration (GSA), which had signed the lease for
the Federal government, and various other parties. The
Committee also interviewed numerous government officials
involved in the project. Because Mr. Haney, his various
corporate entities, and his private representatives refused to
provide documents voluntarily, the Committee issued subpoenas
duces tecum for those materials, and held Mr. Haney in contempt
of Congress on June 24, 1998, for his failure to comply with
those subpoenas. Mr. Haney subsequently provided all responsive
documents.
    As part of its investigation, the Subcommittee on Oversight
and Investigation held a series of hearings, on August 4,
August 7, September 10, September 15, September 17, October 6,
and October 9, 1998. The Members of the Subcommittee questioned
Mr. Haney, Mr. Knight, Mr. Sasser, and Mr. Wagster about their
involvement in the Portals project and their fee arrangements.
The Subcommittee also questioned other participants in the
financing and leasing of the Portals building, as well as
members of Mr. Knight's law firm, about their knowledge of, or
involvement in, the project and the $1 million payment to Mr.
Knight. Finally, the Subcommittee concluded the series of
hearings with representatives of the FCC and GSA who were
involved in the lease negotiations and the decision to move to
the Portals. The witnesses included the former chairman of the
FCC, Reed Hundt, as well as Mr. Robert Peck, who worked at both
the FCC and GSA during the time in question.
    Based on the evidence gathered by the Committee, Mr. Bliley
and Mr. Barton directed Committee staff to prepare a report,
entitled Report on the Portals Investigation and Related
Matters: Evidence Warranting Further Action by Federal Law
Enforcement Authorities, which was referred to the Department
of Justice in December 1998 for appropriate action.
                              ----------

                              OTHER ISSUES

                 government performance and results act

    Under the Government Performance and Results Act (GPRA),
all agencies with budgets in excess of $20 million were
required to develop, no later than by the end of Fiscal Year
1997, strategic plans that cover a period of at least 5 years
and include the agency's mission statement; identify the
agency's long-term strategic goals; and describe how the agency
intends to achieve those goals through its activities and
through its human, capital, information, and other resources.
    On October 9, 1997, the Subcommittee on Oversight and
Investigations conducted a hearing to assess the Department of
Energy's (DOE's) management of its national laboratory system.
Part of the hearing focused on the question of whether DOE was
adequately using the Government Performance and Results Act.
The Government Performance and Results Act of 1993 required
that objective performance indicators be in place by February
1998 to measure the Department's accomplishments. Good metrics,
one of the necessary components to comply with the Results Act,
will provide managers with tools to test for sound management
practices. Whenever costs or management practices are out of
line with private sector benchmarks, there may be cause for
concern about the level and effectiveness of DOE management.
    Additionally, the hearing examined DOE's compliance with
the Information Technology Management Reform Act of 1996, which
requires each Federal agency to benchmark, where possible, its
performance in terms of cost, speed, productivity, and quality
of outputs and outcomes. Lastly, DOE was questioned about its
compliance with the Chief Financial Officers Act of 1990, which
requires that each Federal agency develop and maintain an
integrated agency accounting and financial management system
including financial control which provides for the systematic
measurement of performance.

               systems of accounting for regulatory costs

    In the 104th Congress, the Committee on Commerce expressed
concerns that many Federal agencies appeared to have no
management tools to assess the overall cost impact of
regulatory programs on the economy or to identify program
elements which are more costly than beneficial. Provisions
enacted into law in the 1997 Omnibus Consolidated
Appropriations Act required Federal agencies to provide
estimates of cumulative regulatory program costs and benefits.
    During the 105th Congress, the Committee on Commerce
carefully monitored the estimates submitted by the Federal
agencies within its jurisdiction. The Committee also reviewed
the Office of Management and Budget's 1998 Report to Congress
on the Costs and Benefits of Federal Regulatory Programs and
submitted comments thereon. Additionally, Members of the
Committee on Commerce worked with Members of House and Senate
Committees on Appropriation in order to ensure a similar report
would be submitted in 1999.
    The Committee also worked with the General Accounting
Office to assess the costs of programs under the Comprehensive
Environmental Response, Compensation, and Liability Act and the
Resource Conservation and Recovery Act.

              Additional Oversight Hearings and Activities

                         the tobacco settlement

    On June 20, 1997, the Nation's largest tobacco product
manufacturers and several State Attorneys General agreed to a
proposal to settle approximately 40 lawsuits brought by States
against the tobacco companies. Certain provisions of the
settlement agreement required statutory changes to existing
law, as well as the enactment of new statutes. In the Fall of
1997, the Committee and its subcommittees began an effort to
review the terms of the proposed settlement, and their impact
on national tobacco policy, as well as any alternatives.
    As part of this effort, the Full Committee held two
hearings. The first hearing, held on November 13, 1997,
solicited the views of the Administration and the State
Attorneys General. On January 29, 1998, the Full Committee held
its second hearing which solicited the views of the chief-
executive officers of the nation's five largest tobacco
companies (Brown & Williamson Tobacco Corporation; Loews
Corporation; Philip Morris Companies, Inc.; RJR Nabisco; and
UST, Inc.).
    The Subcommittee on Health and Environment held four
oversight hearings on the ramifications of the proposed
settlement between the Nation's largest tobacco product
manufacturers and several State attorneys general. The first
hearing, held on December 8, 1997, focused on the allocation of
settlement funds between the States and the Medicaid program.
On December 9, 1997, the Subcommittee held a hearing on efforts
to prevent teen tobacco use. At the Subcommittee's third
hearing on March 5, 1998, the Subcommittee focused on the views
of the public health community on national tobacco policy.
Finally, on March 19, 1998, the Subcommittee held a hearing on
the views of the public on national tobacco policy, including
representatives of various minority communities and a panel of
teenagers.
    The Subcommittee on Telecommunications, Trade, and Consumer
Protection also held an oversight hearing on the ramifications
of the proposed settlement between the nation's largest tobacco
product manufacturers and several State attorneys general. This
hearing, held on February 25, 1998, focused on the concerns of
businesses excluded from that settlement agreement.
    At the November 13, 1997, Full Committee hearing, the
Chairman indicated that it was necessary for the Committee to
review certain tobacco industry documents which a Minnesota
court official had identified as not protected by the attorney-
client privilege because they may contain evidence of crime or
fraud (State of Minnesota, et al. v. Philip Morris, Inc., et
al. No. C1-948563 (2nd Judicial Dist., MN) and requested that
the tobacco companies turn over those documents to the
Committee voluntarily. When the companies failed to do so, the
Chairman, in consultation with the Ranking Minority Member,
issued subpoenas to the tobacco companies for the production of
approximately 900 documents on December 4, 1997, and again on
February 19, 1998, for the production of approximately an
additional 39,000 documents.
     Following a bipartisan staff review of those documents and
consultation with the Ranking Minority Member, both sets of
subpoenaed documents, with the exception of 39 documents
(excluding duplicate documents) which were prepared for ongoing
litigation, contained trade secret information, or contained
potentially defamatory information regarding named plaintiffs,
were ordered released to Committee Members and the public. The
documents were made available in electronic form on CD-ROM
(Committee Print 105-P and Committee Print 105-U) and on the
Committee's site on the World Wide Web (http://www.house.gov/
commerce).

                          electronic commerce

    In March 1998, Chairman Bliley announced that the Committee
would be undertaking a long-term initiative on electronic
commerce. The goals of this initiative were to familiarize
members of the Committee on Commerce about electronic commerce
and its growing importance, help Congress better understand the
multitude of electronic commerce issues, and lay the groundwork
for the Committee's future legislative agenda.
    As part of the Committee's electronic commerce initiative,
the Committee held eleven hearings exploring a variety of
electronic commerce issues. Two of the electronic commerce
hearings were held in the Full Committee; five in the
Subcommittee on Telecommunications, Trade, and Consumer
Protection; two in the Subcommittee on Finance and Hazardous
Materials; and one each in the Subcommittee on Health and the
Environment and the Subcommittee on Energy and Power. These
hearings focused on a wide range of issues including: the
future of the Domain Name System, electronic payments, consumer
protection, telemedicine, privacy protection, high speed
networks and international trade issues.
    In addition, in early 1998, the Committee wrote to a number
of Federal agencies and departments on the issue of electronic
commerce. The Committee sent letters to the Federal
Communications Commission, the Federal Trade Commission, the
United States Trade Representative, the Commodity Futures
Trading Commission, the Department of Commerce, the Federal
Reserve System, the Office of the Comptroller of the Currency,
and the National Telecommunications and Information
Administration. The purpose of these letters was to inquire
about the implementation of the July 1997 Presidential
Directive on Electronic Commerce and other actions impacting
electronic commerce.
    The Committee plans to continue its examination of
electronic commerce issues in the 106th Congress.

                                SUMMARY

                     105th congress oversight plan

    The Committee on Commerce addressed the overwhelming
majority of the dozens of issues listed in the Committee's
Oversight Plan for the 105th Congress. Nearly fifty issues were
addressed through one or more specific oversight or legislative
hearings. Three of the issues were addressed directly in
negotiations with other Committees and included in legislation
enacted into law. Others were the subject of document or
information requests to the General Accounting Office or the
pertinent agencies. Department or agency action on many of
these issues is currently being monitored by the Committee and
will continue to be reviewed as necessary in the 106th
Congress.
    For a more detailed description and the legislative history
of each of these items, see the discussions contained in the
individual Subcommittee sections of this report.

                    additional oversight activities

    In addition to the issues identified in the Oversight Plan,
the Committee on Commerce also conducted oversight hearings in
the 105th Congress on a number of major issues that were not
identified in the Oversight Plan when it was adopted in
February of 1997. The principal issues in this category were
the Portals investigation, the proposed 1997 Tobacco
Settlement, and Electronic Commerce, all of which are addressed
above.
    Oversight hearings were also held in the 105th Congress
that addressed: assisted suicide; management concerns at the
National Institutes of Health; the adequacy of access to
investigative drugs for seriously ill patients; the development
of policy for Federal workplace drug testing programs; the
U.S.-EU Mutual Recognition Agreement on Drug Inspections; the
Environmental Protection's Agency's Interim Guidance for
Investigating Title VI Administrative Complaints; modernization
of the financial services industry; and, product liability
reform.
    For a more detailed description and the legislative history
of each of these items, see the discussions contained in the
individual Subcommittee sections of this report.

                               conclusion

    As a result of the actions taken pursuant to the Committee
on Commerce's oversight agenda for the 105th Congress, the
Committee advanced its goal of creating a more effective, less
expensive, and more accountable government by eliminating
government waste and inefficiency; by removing impediments to
consumer choices; and by expanding markets through competition
and fair dealing. Based on this record of accomplishments, the
Committee will continue to serve as a driving force for sound
public policy reaching into the Twenty-First Century.
                               APPENDIX I

                         Legislative Activities

                         committee on commerce

                    Summary of Committee Activities

Total Bills Referred to Committee................................   898
Public Laws......................................................    57
Bills Reported to the House......................................    51
Hearings Held:
    Days of Hearings.............................................   182
        Full Committee...........................................     6
        Subcommittee on Energy and Power.........................    30
        Subcommittee on Finance and Hazardous Materials..........    26
        Subcommittee on Health and Environment...................    41
        Subcommittee on Telecommunications, Trade, and Consumer
          Protection.............................................    37
        Subcommittee on Oversight and Investigations.............    42
    Hours of Sitting.............................................641:52
        Full Committee........................................... 20:41
        Subcommittee on Energy and Power......................... 91:15
        Subcommittee on Finance and Hazardous Materials.......... 82:23
        Subcommittee on Health and Environment...................150:19
        Subcommittee on Telecommunications, Trade, and Consumer
          Protection.............................................104:56
        Subcommittee on Oversight and Investigations.............192:18
Legislative Markups:
    Days of Markups..............................................    59
        Full Committee...........................................    25
        Subcommittee on Energy and Power.........................     9
        Subcommittee on Finance and Hazardous Materials..........     5
        Subcommittee on Health and Environment...................     7
        Subcommittee on Telecommunications, Trade, and Consumer
          Protection.............................................    13
    Hours of Sitting.............................................118:04
        Full Committee........................................... 73:11
        Subcommittee on Energy and Power.........................  5:05
        Subcommittee on Finance and Hazardous Materials..........  5:45
        Subcommittee on Health and Environment................... 17:33
        Subcommittee on Telecommunications, Trade, and Consumer
          Protection............................................. 16:30
Business Meetings:
    Days of Meetings.............................................     3
        Subcommittee on Oversight and Investigations.............     3
    Hours of Sitting:............................................  5:45
        Subcommittee on Oversight and Investigations.............  5:45
Executive Sessions:
    Days of Meetings.............................................     1
        Subcommittee on Oversight and Investigations.............     1
    Hours of Sitting.............................................  0:21
        Subcommittee on Oversight and Investigations.............  0:21
                              APPENDIX II

                   Full Committee Membership Changes

    During the 105th Congress, the size and the membership of
the Committee on Commerce changed several times. This Appendix
sets forth those changes.
    When the 105th Congress convened on January 7, 1997, the
House of Representatives passed, by voice votes, three
resolutions (H. Res. 12, H. Res. 13, and H. Res. 14)
designating the membership of the standing Committees. Pursuant
to the adoption of these resolutions, the size of the Committee
on Commerce was set at 51 Members, 28 Republicans and 23
Democrats.

                     TOM BLILEY, Virginia, Chairman

W.J. ``BILLY'' Tauzin, Louisiana     JOHN D. DINGELL, Michigan
MICHAEL G. OXLEY, Ohio               HENRY A. WAXMAN, California
MICHAEL BILIRAKIS, Florida           EDWARD J. MARKEY, Massachusetts
DAN SCHAEFER, Colorado               RALPH M. HALL, Texas
JOE BARTON, Texas                    BILL RICHARDSON, New Mexico
J. DENNIS HASTERT, Illinois          RICK BOUCHER, Virginia
FRED UPTON, Michigan                 THOMAS J. MANTON, New York
CLIFF STEARNS, Florida               EDOLPHUS TOWNS, New York
BILL PAXON, New York                 SHERROD BROWN, Ohio
PAUL E. GILLMOR, Ohio                BART GORDON, Tennessee
  Vice Chairman                      ELIZABETH FURSE, Oregon
SCOTT L. KLUG, Wisconsin             PETER DEUTSCH, Florida
JAMES C. GREENWOOD, Pennsylvania     BOBBY L. RUSH, Illinois
MICHAEL D. CRAPO, Idaho              ANNA G. ESHOO, California
CHRISTOPHER COX, California          RON KLINK, Pennsylvania
NATHAN DEAL, Georgia                 BART STUPAK, Michigan
STEVE LARGENT, Oklahoma              ELIOT L. ENGEL, New York
RICHARD BURR, North Carolina         THOMAS C. SAWYER, Ohio
BRIAN P. BILBRAY, California         ALBERT R. WYNN, Maryland
ED WHITFIELD, Kentucky               GENE GREEN, Texas
GREG GANSKE, Iowa                    KAREN McCARTHY, Missouri
CHARLIE NORWOOD, Georgia             TED STRICKLAND, Ohio
RICK WHITE, Washington               DIANA DeGETTE, Colorado
TOM COBURN, Oklahoma
RICK LAZIO, New York
BARBARA CUBIN, Wyoming
JAMES E. ROGAN, California
JOHN SHIMKUS, Illinois

    In addition, the Democratic Caucus placed Representative
Frank Pallone, Jr. of New Jersey on sabbatical leave from the
Committee on Commerce for the 105th Congress, or until such
time as a vacancy occurred. Mr. Pallone retained his seniority
on the Committee (after Mr. Towns) while on leave.
    On February 13, 1997, Representative Bill Richardson of New
Mexico resigned as a Member of the House of Representatives,
and was subsequently sworn in as the United States Ambassador
to the United Nations on that same date.
    Representative Frank Pallone, Jr. of New Jersey was elected
to the Committee on Commerce for the 105th Congress on February
13, 1997, pursuant to H. Res. 58, which passed the House on
February 13, 1997, by a voice vote. Previously, Mr. Pallone had
been on sabbatical leave from the Committee since the beginning
of the 105th Congress.
    The size of the Committee on Commerce was not affected and
the membership of the Committee remained at 28 Republicans and
23 Democrats as follows:

                     TOM BLILEY, Virginia, Chairman

W.J. ``BILLY'' Tauzin, Louisiana     JOHN D. DINGELL, Michigan
MICHAEL G. OXLEY, Ohio               HENRY A. WAXMAN, California
MICHAEL BILIRAKIS, Florida           EDWARD J. MARKEY, Massachusetts
DAN SCHAEFER, Colorado               RALPH M. HALL, Texas
JOE BARTON, Texas                    RICK BOUCHER, Virginia
J. DENNIS HASTERT, Illinois          THOMAS J. MANTON, New York
FRED UPTON, Michigan                 EDOLPHUS TOWNS, New York
CLIFF STEARNS, Florida               FRANK PALLONE, Jr., New Jersey
BILL PAXON, New York                 SHERROD BROWN, Ohio
PAUL E. GILLMOR, Ohio                BART GORDON, Tennessee
  Vice Chairman                      ELIZABETH FURSE, Oregon
SCOTT L. KLUG, Wisconsin             PETER DEUTSCH, Florida
JAMES C. GREENWOOD, Pennsylvania     BOBBY L. RUSH, Illinois
MICHAEL D. CRAPO, Idaho              ANNA G. ESHOO, California
CHRISTOPHER COX, California          RON KLINK, Pennsylvania
NATHAN DEAL, Georgia                 BART STUPAK, Michigan
STEVE LARGENT, Oklahoma              ELIOT L. ENGEL, New York
RICHARD BURR, North Carolina         THOMAS C. SAWYER, Ohio
BRIAN P. BILBRAY, California         ALBERT R. WYNN, Maryland
ED WHITFIELD, Kentucky               GENE GREEN, Texas
GREG GANSKE, Iowa                    KAREN McCARTHY, Missouri
CHARLIE NORWOOD, Georgia             TED STRICKLAND, Ohio
RICK WHITE, Washington               DIANA DeGETTE, Colorado
TOM COBURN, Oklahoma
RICK LAZIO, New York
BARBARA CUBIN, Wyoming
JAMES E. ROGAN, California
JOHN SHIMKUS, Illinois
    On August 3, 1998, Representative Scott L. Klug of
Wisconsin resigned as a Member of the Committee on Commerce.
Representative Heather Wilson of New Mexico was elected to the
Committee on Commerce for the 105th Congress on August 3, 1998,
pursuant to H. Res. 515, which passed the House on August 3,
1998, by a voice vote.
    The size of the Committee on Commerce was not affected and
the membership of the Committee remained at 28 Republicans and
23 Democrats as follows:

                     TOM BLILEY, Virginia, Chairman

W.J. ``BILLY'' Tauzin, Louisiana     JOHN D. DINGELL, Michigan
MICHAEL G. OXLEY, Ohio               HENRY A. WAXMAN, California
MICHAEL BILIRAKIS, Florida           EDWARD J. MARKEY, Massachusetts
DAN SCHAEFER, Colorado               RALPH M. HALL, Texas
JOE BARTON, Texas                    RICK BOUCHER, Virginia
J. DENNIS HASTERT, Illinois          THOMAS J. MANTON, New York
FRED UPTON, Michigan                 EDOLPHUS TOWNS, New York
CLIFF STEARNS, Florida               FRANK PALLONE, Jr., New Jersey
BILL PAXON, New York                 SHERROD BROWN, Ohio
PAUL E. GILLMOR, Ohio                BART GORDON, Tennessee
  Vice Chairman                      ELIZABETH FURSE, Oregon
JAMES C. GREENWOOD, Pennsylvania     PETER DEUTSCH, Florida
MICHAEL D. CRAPO, Idaho              BOBBY L. RUSH, Illinois
CHRISTOPHER COX, California          ANNA G. ESHOO, California
NATHAN DEAL, Georgia                 RON KLINK, Pennsylvania
STEVE LARGENT, Oklahoma              BART STUPAK, Michigan
RICHARD BURR, North Carolina         ELIOT L. ENGEL, New York
BRIAN P. BILBRAY, California         THOMAS C. SAWYER, Ohio
ED WHITFIELD, Kentucky               ALBERT R. WYNN, Maryland
GREG GANSKE, Iowa                    GENE GREEN, Texas
CHARLIE NORWOOD, Georgia             KAREN McCARTHY, Missouri
RICK WHITE, Washington               TED STRICKLAND, Ohio
TOM COBURN, Oklahoma                 DIANA DeGETTE, Colorado
RICK LAZIO, New York
BARBARA CUBIN, Wyoming
JAMES E. ROGAN, California
JOHN SHIMKUS, Illinois
HEATHER WILSON, New Mexico

    The changes in the membership of the Committee on Commerce
in the 105th Congress resulted in corresponding changes in the
membership of the Committee's five subcommittees. For a
complete listing of the subcommittee changes in the 105th
Congress, see Appendix III of this report.
                              APPENDIX III

                    Subcommittee Membership Changes

    During the 105th Congress, the membership of the Committee
on Commerce's five standing subcommittees changed several
times. This Appendix sets forth those changes.
    At the Committee on Commerce Organizational Meeting for the
105th Congress on January 21, 1997, the Committee adopted, by
voice votes, four committee resolutions designating the
jurisdiction, chairmen, vice chairmen, ratios, and membership
of the Committee's five standing subcommittees, as follows:

   Subcommittee on Telecommunications, Trade, and Consumer Protection

                             (Ratio: 16-13)

               W.J. ``BILLY'' TAUZIN, Louisiana, Chairman

MICHAEL G. OXLEY, Ohio               EDWARD J. MARKEY, Massachusetts
  Vice Chairman                      RICK BOUCHER, Virginia
DAN SCHAEFER, Colorado               BART GORDON, Tennessee
JOE BARTON, Texas                    ANNA G. ESHOO, California
J. DENNIS HASTERT, Illinois          ELIOT L. ENGEL, New York
FRED UPTON, Michigan                 ALBERT R. WYNN, Maryland
CLIFF STEARNS, Florida               THOMAS J. MANTON, New York
PAUL E. GILLMOR, Ohio                BOBBY L. RUSH, Illinois
SCOTT L. KLUG, Wisconsin             RON KLINK, Pennsylvania
CHRISTOPHER COX, California          THOMAS C. SAWYER, Ohio
NATHAN DEAL, Georgia                 GENE GREEN, Texas
STEVE LARGENT, Oklahoma              KAREN McCARTHY, Missouri
RICK WHITE, Washington               JOHN D. DINGELL, Michigan
JAMES E. ROGAN, California             (Ex Officio)
JOHN SHIMKUS, Illinois
TOM BLILEY, Virginia
  (Ex Officio)

            Subcommittee on Finance and Hazardous Materials

                             (Ratio: 15-12)

                    MICHAEL G. OXLEY, Ohio, Chairman

W.J. ``BILLY'' TAUZIN, Louisiana     THOMAS J. MANTON, New York
  Vice Chairman                      BART STUPAK, Michigan
BILL PAXON, New York                 ELIOT L. ENGEL, New York
PAUL E. GILLMOR, Ohio                ALBERT R. WYNN, Maryland
SCOTT L. KLUG, Wisconsin             TED STRICKLAND, Ohio
JAMES C. GREENWOOD, Pennsylvania     DIANA DeGETTE, Colorado
MICHAEL D. CRAPO, Idaho              EDWARD J. MARKEY, Massachusetts
NATHAN DEAL, Georgia                 BILL RICHARDSON, New Mexico
STEVE LARGENT, Oklahoma              EDOLPHUS TOWNS, New York
BRIAN P. BILBRAY, California         ELIZABETH FURSE, Oregon
GREG GANSKE, Iowa                    PETER DEUTSCH, Florida
RICK WHITE, Washington               JOHN D. DINGELL, Michigan
RICK LAZIO, New York                   (Ex Officio)
BARBARA CUBIN, Wyoming
TOM BLILEY, Virginia
  (Ex Officio)

                 Subcommittee on Health and Environment

                             (Ratio: 16-13)

                  MICHAEL Bilirakis, Florida, Chairman

J. DENNIS HASTERT, Illinois          SHERROD BROWN, Ohio
  Vice Chairman                      HENRY A. WAXMAN, California
JOE BARTON, Texas                    BILL RICHARDSON, New Mexico
FRED UPTON, Michigan                 EDOLPHUS TOWNS, New York
SCOTT L. KLUG, Wisconsin             PETER DEUTSCH, Florida
JAMES C. GREENWOOD, Pennsylvania     BART STUPAK, Michigan
NATHAN DEAL, Georgia                 GENE GREEN, Texas
RICHARD BURR, North Carolina         TED STRICKLAND, Ohio
BRIAN P. BILBRAY, California         DIANA DeGETTE, Colorado
ED WHITFIELD, Kentucky               RALPH M. HALL, Texas
GREG GANSKE, Iowa                    ELIZABETH FURSE, Oregon
CHARLIE NORWOOD, Georgia             ANNA G. ESHOO, California
TOM COBURN, Oklahoma                 JOHN D. DINGELL, Michigan
RICK LAZIO, New York                   (Ex Officio)
BARBARA CUBIN, Wyoming
TOM BLILEY, Virginia
  (Ex Officio)

                    Subcommittee on Energy and Power

                             (Ratio: 16-13)

                    DAN SCHAEFER, Colorado, Chairman

MICHAEL D. CRAPO, Idaho              RALPH M. HALL, Texas
  Vice Chairman                      BOBBY L. RUSH, Illinois
MICHAEL BILIRAKIS, Florida           ELIZABETH FURSE, Oregon
J. DENNIS HASTERT, Illinois          THOMAS C. SAWYER, Ohio
FRED UPTON, Michigan                 KAREN McCARTHY, Missouri
CLIFF STEARNS, Florida               EDWARD J. MARKEY, Massachusetts
BILL PAXON, New York                 BILL RICHARDSON, New Mexico
STEVE LARGENT, Oklahoma              RICK BOUCHER, Virginia
RICHARD BURR, North Carolina         EDOLPHUS TOWNS, New York
ED WHITFIELD, Kentucky               SHERROD BROWN, Ohio
CHARLIE NORWOOD, Georgia             BART GORDON, Tennessee
RICK WHITE, Washington               PETER DEUTSCH, Florida
TOM COBURN, Oklahoma                 JOHN D. DINGELL, Michigan
JAMES E. ROGAN, California             (Ex Officio)
JOHN SHIMKUS, Illinois
TOM BLILEY, Virginia
  (Ex Officio)

              Subcommittee on Oversight and Investigations

                              (Ratio: 9-7)

                      JOE BARTON, Texas, Chairman

CHRISTOPHER Cox, California          RON KLINK, Pennsylvania
  Vice Chairman                      HENRY A. WAXMAN, California
JAMES C. GREENWOOD, Pennsylvania     RALPH M. HALL, Texas
MICHAEL D. CRAPO, Idaho              BART STUPAK, Michigan
RICHARD BURR, North Carolina         ELIOT L. ENGEL, New York
BRIAN P. BILBRAY, California         GENE GREEN, Texas
GREG GANSKE, Iowa                    JOHN D. DINGELL, Michigan
TOM COBURN, Oklahoma                   (Ex Officio)
TOM BLILEY, Virginia
  (Ex Officio)
    On February 13, 1997, Representative Bill Richardson of New
Mexico resigned as a Member of the House of Representatives and
was subsequently sworn in as the United States Ambassador to
the United Nations on that same date. Representative
Richardson's resignation from the House resulted in a vacancy
in the Democratic membership of the Committee on Commerce, and
consequently, vacancies in the Democratic membership of the
Subcommittee on Finance and Hazardous Materials, the
Subcommittee on Health and Environment, and the Subcommittee on
Energy and Power.
    Representative Frank Pallone, Jr. of New Jersey was elected
to the Committee on Commerce for the 105th Congress on February
13, 1997, pursuant to H. Res. 58, which passed the House on
February 13, 1997. Previously, Mr. Pallone had been on
sabbatical leave from the Committee since the beginning of the
105th Congress.
    On March 13, 1997, the Committee on Commerce adopted, by a
voice vote, a Committee resolution offered by Mr. Dingell to
amend the Democratic membership of the standing subcommittees
of the Committee on Commerce for the 105th Congress. The
resolution reflected the election of Representative Frank
Pallone, Jr. to the Committee on Commerce, pursuant to H. Res.
58, which passed the House on February 13, 1997.
    The adoption of this resolution changed the membership of
the Committee's five standing subcommittees as follows:

   Subcommittee on Telecommunications, Trade, and Consumer Protection

                             (Ratio: 16-13)

               W.J. ``BILLY'' TAUZIN, Louisiana, Chairman

MICHAEL G. OXLEY, Ohio               EDWARD J. MARKEY, Massachusetts
  Vice Chairman                      RICK BOUCHER, Virginia
DAN SCHAEFER, Colorado               BART GORDON, Tennessee
JOE BARTON, Texas                    ELIOT L. ENGEL, New York
J. DENNIS HASTERT, Illinois          THOMAS C. SAWYER, Ohio
FRED UPTON, Michigan                 THOMAS J. MANTON, New York
CLIFF STEARNS, Florida               BOBBY L. RUSH, Illinois
PAUL E. GILLMOR, Ohio                ANNA G. ESHOO, California
SCOTT L. KLUG, Wisconsin             RON KLINK, Pennsylvania
CHRISTOPHER COX, California          ALBERT R. WYNN, Maryland
NATHAN DEAL, Georgia                 GENE GREEN, Texas
STEVE LARGENT, Oklahoma              KAREN McCARTHY, Missouri
RICK WHITE, Washington               JOHN D. DINGELL, Michigan
JAMES E. ROGAN, California             (Ex Officio)
JOHN SHIMKUS, Illinois
TOM BLILEY, Virginia
  (Ex Officio)

            Subcommittee on Finance and Hazardous Materials

                             (Ratio: 15-12)

                    MICHAEL G. OXLEY, Ohio, Chairman

W.J. ``BILLY'' TAUZIN, Louisiana     THOMAS J. MANTON, New York
  Vice Chairman                      BART STUPAK, Michigan
BILL PAXON, New York                 ELIOT L. ENGEL, New York
PAUL E. GILLMOR, Ohio                THOMAS C. SAWYER, Ohio
SCOTT L. KLUG, Wisconsin             TED STRICKLAND, Ohio
JAMES C. GREENWOOD, Pennsylvania     DIANA DeGETTE, Colorado
MICHAEL D. CRAPO, Idaho              EDWARD J. MARKEY, Massachusetts
NATHAN DEAL, Georgia                 RALPH M. HALL, Texas
STEVE LARGENT, Oklahoma              EDOLPHUS TOWNS, New York
BRIAN P. BILBRAY, California         FRANK PALLONE, Jr., New Jersey
GREG GANSKE, Iowa                    ELIZABETH FURSE, Oregon
RICK WHITE, Washington               JOHN D. DINGELL, Michigan
RICK LAZIO, New York                   (Ex Officio)
BARBARA CUBIN, Wyoming
TOM BLILEY, Virginia
  (Ex Officio)

                 Subcommittee on Health and Environment

                             (Ratio: 16-13)

                  MICHAEL BILIRAKIS, Florida, Chairman

J. DENNIS HASTERT, Illinois          SHERROD BROWN, Ohio
  Vice Chairman                      HENRY A. WAXMAN, California
JOE BARTON, Texas                    EDOLPHUS TOWNS, New York
FRED UPTON, Michigan                 FRANK PALLONE, Jr., New Jersey
SCOTT L. KLUG, Wisconsin             PETER DEUTSCH, Florida
JAMES C. GREENWOOD, Pennsylvania     ANNA G. ESHOO, California
NATHAN DEAL, Georgia                 BART STUPAK, Michigan
RICHARD BURR, North Carolina         GENE GREEN, Texas
BRIAN P. BILBRAY, California         TED STRICKLAND, Ohio
ED WHITFIELD, Kentucky               DIANA DeGETTE, Colorado
GREG GANSKE, Iowa                    RALPH M. HALL, Texas
CHARLIE NORWOOD, Georgia             ELIZABETH FURSE, Oregon
TOM COBURN, Oklahoma                 JOHN D. DINGELL, Michigan
RICK LAZIO, New York                   (Ex Officio)
BARBARA CUBIN, Wyoming
TOM BLILEY, Virginia
  (Ex Officio)

                    Subcommittee on Energy and Power

                             (Ratio: 16-13)

                    DAN SCHAEFER, Colorado, Chairman

MICHAEL D. CRAPO, Idaho              RALPH M. HALL, Texas
  Vice Chairman                      ELIZABETH FURSE, Oregon
MICHAEL BILIRAKIS, Florida           BOBBY L. RUSH, Illinois
J. DENNIS HASTERT, Illinois          KAREN McCARTHY, Missouri
FRED UPTON, Michigan                 ALBERT R. WYNN, Maryland
CLIFF STEARNS, Florida               EDWARD J. MARKEY, Massachusetts
BILL PAXON, New York                 RICK BOUCHER, Virginia
STEVE LARGENT, Oklahoma              EDOLPHUS TOWNS, New York
RICHARD BURR, North Carolina         FRANK PALLONE, Jr., New Jersey
ED WHITFIELD, Kentucky               SHERROD BROWN, Ohio
CHARLIE NORWOOD, Georgia             BART GORDON, Tennessee
RICK WHITE, Washington               PETER DEUTSCH, Florida
TOM COBURN, Oklahoma                 JOHN D. DINGELL, Michigan
JAMES E. Rogan, California             (Ex Officio)
JOHN SHIMKUS, Illinois
TOM BLILEY, Virginia
  (Ex Officio)

              Subcommittee on Oversight and Investigations

                              (Ratio: 9-7)

                      JOE BARTON, Texas, Chairman

CHRISTOPHER COX, California          RON KLINK, Pennsylvania
  Vice Chairman                      HENRY A. WAXMAN, California
JAMES C. GREENWOOD, Pennsylvania     PETER DEUTSCH, Florida
MICHAEL D. CRAPO, Idaho              BART STUPAK, Michigan
RICHARD BURR, North Carolina         ELIOT L. ENGEL, New York
BRIAN P. BILBRAY, California         THOMAS C. SAWYER, Ohio
GREG GANSKE, Iowa                    JOHN D. DINGELL, Michigan
TOM COBURN, Oklahoma                   (Ex Officio)
TOM BLILEY, Virginia
  (Ex Officio)

    On August 3, 1998, Representative Scott L. Klug of
Wisconsin resigned as a Member of the Committee on Commerce.
Representative Klug's resignation from the Committee resulted
in a vacancy in the Republican membership of the Committee on
Commerce, and consequently, vacancies in the Republican
membership of the Subcommittee on Telecommunications, Trade,
and Consumer Protection, the Subcommittee on Finance and
Hazardous Materials, and the Subcommittee on Health and
Environment.
    Representative Heather Wilson of New Mexico was elected to
the Committee on Commerce for the 105th Congress on August 3,
1998, pursuant to H. Res. 515, which passed the House on August
3, 1998.
    On August 5, 1998, the Committee on Commerce adopted, by a
voice vote, a Committee resolution offered by Mr. Gillmor to
amend the Republican membership of the standing subcommittees
of the Committee on Commerce for the remainder of the 105th
Congress. The resolution reflects the resignation of Scott L.
Klug from the Committee on Commerce on August 3, 1998, and the
election of Representative Heather Wilson to the Committee on
Commerce, pursuant to H. Res. 515, which passed the House on
August 3, 1998.
    The adoption of this resolution changed the membership of
the Committee's five standing subcommittees as follows:

   Subcommittee on Telecommunications, Trade, and Consumer Protection

                             (Ratio: 16-13)

               W.J. ``BILLY'' TAUZIN, Louisiana, Chairman

MICHAEL G. OXLEY, Ohio               EDWARD J. MARKEY, Massachusetts
  Vice Chairman                      RICK BOUCHER, Virginia
DAN SCHAEFER, Colorado               BART GORDON, Tennessee
JOE BARTON, Texas                    ELIOT L. ENGEL, New York
J. DENNIS HASTERT, Illinois          THOMAS C. SAWYER, Ohio
FRED UPTON, Michigan                 THOMAS J. MANTON, New York
CLIFF STEARNS, Florida               BOBBY L. RUSH, Illinois
PAUL E. GILLMOR, Ohio                ANNA G. ESHOO, California
CHRISTOPHER COX, California          RON KLINK, Pennsylvania
NATHAN DEAL, Georgia                 ALBERT R. WYNN, Maryland
STEVE LARGENT, Oklahoma              GENE GREEN, Texas
RICK WHITE, Washington               KAREN McCARTHY, Missouri
JAMES E. ROGAN, California           JOHN D. DINGELL, Michigan
JOHN SHIMKUS, Illinois                 (Ex Officio)
HEATHER WILSON, New Mexico
TOM BLILEY, Virginia
  (Ex Officio)

            Subcommittee on Finance and Hazardous Materials

                             (Ratio: 15-12)

                    MICHAEL G. OXLEY, Ohio, Chairman

W.J. ``BILLY'' TAUZIN, Louisiana     THOMAS J. MANTON, New York
  Vice Chairman                      BART STUPAK, Michigan
BILL PAXON, New York                 ELIOT L. ENGEL, New York
PAUL E. GILLMOR, Ohio                THOMAS C. SAWYER, Ohio
JAMES C. GREENWOOD, Pennsylvania     TED STRICKLAND, Ohio
MICHAEL D. CRAPO, Idaho              DIANA DeGETTE, Colorado
NATHAN DEAL, Georgia                 EDWARD J. MARKEY, Massachusetts
STEVE LARGENT, Oklahoma              RALPH M. HALL, Texas
BRIAN P. BILBRAY, California         EDOLPHUS TOWNS, New York
GREG GANSKE, Iowa                    FRANK PALLONE, Jr., New Jersey
RICK WHITE, Washington               ELIZABETH FURSE, Oregon
RICK LAZIO, New York                 JOHN D. DINGELL, Michigan
BARBARA CUBIN, Wyoming                 (Ex Officio)
HEATHER WILSON, New Mexico
TOM BLILEY, Virginia
  (Ex Officio)

                 Subcommittee on Health and Environment

                             (Ratio: 16-13)

                  MICHAEL BILIRAKIS, Florida, Chairman

J. DENNIS HASTERT, Illinois          SHERROD BROWN, Ohio
  Vice Chairman                      HENRY A. WAXMAN, California
JOE BARTON, Texas                    EDOLPHUS TOWNS, New York
FRED UPTON, Michigan                 FRANK PALLONE, Jr., New Jersey
CLIFF STEARNS, Florida               PETER DEUTSCH, Florida
JAMES C. GREENWOOD, Pennsylvania     ANNA G. ESHOO, California
NATHAN DEAL, Georgia                 BART STUPAK, Michigan
RICHARD BURR, North Carolina         GENE GREEN, Texas
BRIAN P. BILBRAY, California         TED STRICKLAND, Ohio
ED WHITFIELD, Kentucky               DIANA DeGETTE, Colorado
GREG GANSKE, Iowa                    RALPH M. HALL, Texas
CHARLIE NORWOOD, Georgia             ELIZABETH FURSE, Oregon
TOM COBURN, Oklahoma                 JOHN D. DINGELL, Michigan
RICK LAZIO, New York                   (Ex Officio)
BARBARA CUBIN, Wyoming
TOM BLILEY, Virginia
  (Ex Officio)

                    Subcommittee on Energy and Power

                             (Ratio: 16-13)

                    DAN SCHAEFER, Colorado, Chairman

MICHAEL D. CRAPO, Idaho              RALPH M. HALL, Texas
  Vice Chairman                      ELIZABETH FURSE, Oregon
MICHAEL BILIRAKIS, Florida           BOBBY L. RUSH, Illinois
J. DENNIS HASTERT, Illinois          KAREN McCARTHY, Missouri
FRED UPTON, Michigan                 ALBERT R. WYNN, Maryland
CLIFF STEARNS, Florida               EDWARD J. MARKEY, Massachusetts
BILL PAXON, New York                 RICK BOUCHER, Virginia
STEVE LARGENT, Oklahoma              EDOLPHUS TOWNS, New York
RICHARD BURR, North Carolina         FRANK PALLONE, Jr., New Jersey
ED WHITFIELD, Kentucky               SHERROD BROWN, Ohio
CHARLIE NORWOOD, Georgia             BART GORDON, Tennessee
RICK WHITE, Washington               PETER DEUTSCH, Florida
TOM COBURN, Oklahoma                 JOHN D. DINGELL, Michigan
JAMES E. ROGAN, California             (Ex Officio)
JOHN SHIMKUS, Illinois
TOM BLILEY, Virginia
  (Ex Officio)

              Subcommittee on Oversight and Investigations

                              (Ratio: 9-7)

                      JOE BARTON, Texas, Chairman

CHRISTOPHER COX, California          RON KLINK, Pennsylvania
  Vice Chairman                      HENRY A. WAXMAN, California
JAMES C. GREENWOOD, Pennsylvania     PETER DEUTSCH, Florida
MICHAEL D. CRAPO, Idaho              BART STUPAK, Michigan
RICHARD BURR, North Carolina         ELIOT L. ENGEL, New York
BRIAN P. BILBRAY, California         THOMAS C. SAWYER, Ohio
GREG GANSKE, Iowa                    JOHN D. DINGELL, Michigan
TOM COBURN, Oklahoma                   (Ex Officio)
TOM BLILEY, Virginia
  (Ex Officio)
                              APPENDIX IV

    This list includes: (1) legislation on which the Commerce
Committee acted directly; (2) legislation developed through
Commerce Committee participation in House-Senate conferences;
and (3) legislation which included provisions within the
Committee's jurisdiction that resulted from prior Commerce
Committee action.

                             Public Laws: 57
------------------------------------------------------------------------
                                    Date
       Public Law Number          Approved    Bills          Title
------------------------------------------------------------------------
105-8                            March 31,    S. 410  An Act to extend
                                  1997                 the effective
                                                       date of the
                                                       Investment
                                                       Advisers
                                                       Supervision
                                                       Coordination Act.
105-12                           April 30,   H.R.     Assisted Suicide
                                  1997        1003     Funding
                                                       Restriction Act
                                                       of 1997.
105-13                           May 14,     H.R.     An Act to extend
                                  1997        1001     the term of
                                                       appointment of
                                                       certain members
                                                       of the
                                                       Prospective
                                                       Payment
                                                       Assessment
                                                       Commission and
                                                       the Physician
                                                       Payment Review
                                                       Commission.
105-15                           May 15,     H.R.     An Act to amend
                                  1997        968      title XVIII and
                                                       XIX of the Social
                                                       Security Act to
                                                       permit a waiver
                                                       of the
                                                       prohibition of
                                                       offering nurse
                                                       aide training and
                                                       competency
                                                       evaluation
                                                       programs in
                                                       certain nursing
                                                       facilities.
105-20                           June 27,    H.R.     Drug-Free
                                  1997        956      Communities Act
                                                       of 1997.
105-23                           July 3,     H.R.     An Act to amend
                                  1997        363      section 2118 of
                                                       the Energy Policy
                                                       Act of 1992 to
                                                       extend the
                                                       Electric and
                                                       Magnetic Fields
                                                       Research and
                                                       Public
                                                       Information
                                                       Dissemination
                                                       program.
105-28                           July 18,    H.R.     Department of
                                  1997        649      Energy
                                                       Standardization
                                                       Act of 1997.
105-31                           July 25,    H.R.     An Act to waive
                                  1997        2018     temporarily the
                                                       Medicaid
                                                       enrollment
                                                       composition rule
                                                       for the Better
                                                       Health Plan of
                                                       Amherst, New
                                                       York.
105-33                           August 5,   H.R.     Balanced Budget
                                  1997        2015     Act of 1997.
                                                       (Includes
                                                       provisions
                                                       relating to (1)
                                                       communications
                                                       issues, including
                                                       spectrum
                                                       auctions; (2)
                                                       energy issues
                                                       dealing with the
                                                       lease of excess
                                                       Strategic
                                                       Petroleum Reserve
                                                       capacity; and (3)
                                                       health issues,
                                                       including
                                                       Medicare reform,
                                                       Medicaid
                                                       restructuring,
                                                       and establishment
                                                       of the State
                                                       Children's Health
                                                       Insurance
                                                       Program.)
105-34                           August 5,   H.R.     Taxpayer Relief
                                  1997        2014     Act of
                                                       1997.(Includes
                                                       provisions
                                                       clarifying the
                                                       diabetes
                                                       provisions in the
                                                       State Children's
                                                       Health Insurance
                                                       Program
                                                       established in
                                                       Public Law 105-
                                                       33.)
105-41                           August 13,  H.R.     Stamp Out Breast
                                  1997        1585     Cancer Act.
105-42                           August 15,  H.R.     International
                                  1997        408      Dolphin
                                                       Conservation
                                                       Program Act.
                                                       (Includes
                                                       provisions
                                                       relating to
                                                       Federal Trade
                                                       Commission
                                                       enforcement of
                                                       tuna labeling
                                                       standards.)
105-78                           November    H.R.     Departments of
                                  13, 1997    2264     Labor, Health and
                                                       Human Services,
                                                       and Education,
                                                       and Related
                                                       Agencies
                                                       Appropriations
                                                       Act, 1998.
                                                       (Includes
                                                       provisions
                                                       relating to
                                                       Parkinson's
                                                       Disease and the
                                                       relocation of the
                                                       Gillis W. Long
                                                       Hansen's Disease
                                                       Center.)
105-85                           November    H.R.     National Defense
                                  18, 1997    1119     Authorization Act
                                                       for Fiscal Year
                                                       1998. (Includes
                                                       provisions
                                                       relating to
                                                       energy issues,
                                                       telecommunication
                                                       s issues, health
                                                       issues, clean air
                                                       issues, and the
                                                       cleanup of
                                                       hazardous
                                                       materials.)
105-89                           November    H.R.     Adoption and Safe
                                  19, 1997    867      Families Act of
                                                       1997. (Includes
                                                       provisions
                                                       relating to
                                                       health insurance
                                                       coverage for
                                                       children with
                                                       special needs.)
105-115                          November    S. 830   Food and Drug
                                  21, 1997             Administration
                                                       Modernization Act
                                                       of 1997.
105-125                          December    S. 1354  An Act to amend
                                  1, 1997              the
                                                       Communications
                                                       Act of 1934 to
                                                       provide for the
                                                       designation of
                                                       common carriers
                                                       not subject to
                                                       the jurisdiction
                                                       of a State
                                                       commission as
                                                       eligible
                                                       telecommunication
                                                       s carriers.
105-168                          April 21,   S. 419   Birth Defects
                                  1998                 Prevention Act of
                                                       1998.
105-177                          June 1,     H.R.     An Act to extend
                                  1998        2472     certain programs
                                                       under the Energy
                                                       Policy and
                                                       Conservation Act.
105-178                          June 9,     H.R.     Transportation
                                  1998        2400     Equity Act for
                                                       the 21st Century.
105-189                          July 14,    H.R.     An Act to extend
                                  1998        651      the deadline
                                                       under the Federal
                                                       Power Act for the
                                                       construction of a
                                                       hydroelectric
                                                       project located
                                                       in the State of
                                                       Washington, and
                                                       for other
                                                       purposes.
                                                       (Project Number
                                                       8864).
105-190                          July 14,    H.R.     An Act to extend
                                  1998        652      the deadline
                                                       under the Federal
                                                       Power Act for the
                                                       construction of a
                                                       hydroelectric
                                                       project located
                                                       in the State of
                                                       Washington, and
                                                       for other
                                                       purposes.
                                                       (Project Number
                                                       9025).
105-191                          July 14,    H.R.     An Act to extend
                                  1998        848      the deadline
                                                       under the Federal
                                                       Power Act
                                                       applicable to the
                                                       construction of
                                                       the AuSable
                                                       Hydroelectric
                                                       Project in New
                                                       York, and for
                                                       other purposes.
105-192                          July 14,    H.R.     An Act to extend
                                  1998        1184     the deadline
                                                       under the Federal
                                                       Power Act for the
                                                       construction of
                                                       the Bear Creek
                                                       Hydroelectric
                                                       Project in the
                                                       State of
                                                       Washington, and
                                                       for other
                                                       purposes.
105-193                          July 14,    H.R.     An Act to extend
                                  1998        1217     the deadline
                                                       under the Federal
                                                       Power Act for the
                                                       construction of a
                                                       hydroelectric
                                                       project located
                                                       in the State of
                                                       Washington, and
                                                       for other
                                                       purposes.
                                                       (Project Number
                                                       10359).
105-196                          July 16,    H.R.     National Bone
                                  1998        2202     Marrow Registry
                                                       Reauthorization
                                                       Act of 1998.
105-204                          July 21,    S. 2316  To require the
                                  1998                 Secretary of
                                                       Energy to submit
                                                       to Congress a
                                                       plan to ensure
                                                       that all amounts
                                                       accrued on the
                                                       books of the
                                                       United States
                                                       Enrichment
                                                       Corporation for
                                                       the disposition
                                                       of depleted
                                                       uranium
                                                       hexafluoride will
                                                       be used to treat
                                                       and recycle
                                                       depleted uranium
                                                       hexafluoride.
105-206                          July 22,    H.R.     Internal Revenue
                                  1998        2676     Service
                                                       Restructuring and
                                                       Reform Act of
                                                       1998. (Includes
                                                       provisions making
                                                       technical
                                                       corrections to
                                                       the
                                                       Transportation
                                                       Equity Act for
                                                       the 21st Century,
                                                       P.L. 105-178.)
105-211                          July 29,    H.R.     To extend the
                                  1998        2165     deadline under
                                                       the Federal Power
                                                       Act applicable to
                                                       the construction
                                                       of FERC Project
                                                       Number 3862 in
                                                       the State of
                                                       Iowa, and for
                                                       other purposes.
105-212                          July 29,    H.R.     To extend the
                                  1998        2217     deadline under
                                                       the Federal Power
                                                       Act applicable to
                                                       the construction
                                                       of FERC Project
                                                       Number 9248 in
                                                       the State of
                                                       Colorado, and for
                                                       other purposes.
105-213                          July 29,    H.R.     To extend the time
                                  1998        2841     required for the
                                                       construction of a
                                                       hydroelectric
                                                       project.
105-230                          August 13,  H.R.     Biomaterials
                                  1998        872      Access Assurance
                                                       Act of 1998.
105-234                          August 14,  H.R.     An Act amending
                                  1998        3824     the Fastener
                                                       Quality Act to
                                                       exempt from its
                                                       coverage certain
                                                       fasteners
                                                       approved by the
                                                       Federal Aviation
                                                       Administration
                                                       for use in
                                                       aircraft.
105-236                          September   H.R.     Texas Low-Level
                                  20, 1998    629      Radioactive Waste
                                                       Disposal Compact
                                                       Consent Act.
105-248                          October 9,  H.R.     Mammography
                                  1998        4382     Quality Standards
                                                       Reauthorization
                                                       Act of 1998.
105-261                          October     H.R.     Strom Thurmond
                                  17, 1998    3616     National Defense
                                                       Authorization Act
                                                       for Fiscal Year
                                                       1999.
105-271                          October     S. 2392  Year 2000
                                  19, 1998             Information and
                                                       Readiness
                                                       Disclosure Act.
105-276                          October     H.R.     Departments of
                                  21, 1998    4194     Veterans Affairs
                                                       and Housing and
                                                       Urban
                                                       Development, and
                                                       Independent
                                                       Agencies
                                                       Appropriations
                                                       Act, 1999.
105-277                          October     H.R.     Omnibus
                                  21, 1998    4328     Consolidated and
                                                       Emergency
                                                       Supplemental
                                                       Appropriations
                                                       Act, 1999.
105-283                          October     H.R.     An Act to extend
                                  26, 1998    4081     the deadline
                                                       under the Federal
                                                       Power Act
                                                       applicable to the
                                                       construction of a
                                                       hydroelectric
                                                       project in the
                                                       State of
                                                       Arkansas.
105-285                          October     S. 2206  Community
                                  27, 1998             Opportunities,
                                                       Accountability,
                                                       and Training and
                                                       Educational
                                                       Services Act of
                                                       1998 or the
                                                       ``Coats Human
                                                       Services
                                                       Reauthorization
                                                       Act of 1998''.
105-286                          October     H.R. 8   Border Smog
                                  27, 1998             Reduction Act of
                                                       1998.
105-287                          October     H.R.     Armored Car
                                  27, 1998    624      Reciprocity
                                                       Amendments of
                                                       1998.
105-304                          October     H.R.     Digital Millennium
                                  28, 1998    2281     Copyright Act.
105-305                          October     H.R.     Next Generation
                                  28, 1998    3332     Internet Research
                                                       Act of 1998.
105-306                          October     H.R.     Noncitizen Benefit
                                  28, 1998    4558     Clarification and
                                                       Other Technical
                                                       Amendments Act of
                                                       1998.
105-314                          October     H.R.     Protection of
                                  30, 1998    3494     Children From
                                                       Sexual Predators
                                                       Act of 1998.
105-317                          October     H.R.     Glacier Bay
                                  30, 1998    3903     National Park
                                                       Boundary
                                                       Adjustment Act of
                                                       1998.
105-320                          October     H.R.     Torture Victims
                                  30, 1998    4309     Relief Act of
                                                       1998.
105-324                          October     H.R.     Antimicrobial
                                  30, 1998    4679     Regulation
                                                       Technical
                                                       Corrections Act
                                                       of 1998.
105-340                          October     S. 1722  Women's Health
                                  31, 1998             Research and
                                                       Prevention
                                                       Amendments of
                                                       1998.
105-353                          November    S. 1260  Securities
                                  3, 1998              Litigation
                                                       Uniform Standards
                                                       Act of 1998.
105-357                          November    H.R.     Controlled
                                  10, 1998    3633     Substances
                                                       Trafficking
                                                       Prohibition Act.
105-366                          November    S. 2375  International Anti-
                                  10, 1998             Bribery and Fair
                                                       Competition Act
                                                       of 1998.
105-369                          November    H.R.     Ricky Ray
                                  12, 1998    1023     Hemophilia Relief
                                                       Fund Act of 1998.
105-388                          November    S. 417   Energy
                                  13, 1998             Conservation
                                                       Reauthorization
                                                       Act of 1998.
105-392                          November    S. 1754  Health Professions
                                  13, 1998             Education
                                                       Partnerships Act
                                                       of 1998.
------------------------------------------------------------------------

                               Appendix V

                                 part a

              Printed Hearings of the Committee on Commerce
------------------------------------------------------------------------
                                                               Hearing
           Serial No.                   Hearing title          date(s)
------------------------------------------------------------------------
105-1                             The Armored Car            February
                                   Reciprocity Amendments     11, 1997
                                   of 1997. (Subcommittee
                                   on Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-2                             The Department of          February
                                   Energy's Proposed Budget   11, 1997
                                   for Fiscal Year 1998.
                                   (Subcommittee on Energy
                                   and Power.)
105-3                             Energy Related             February
                                   Legislation. H.R. 363      26, 1997
                                   and H.R. 649.
                                   (Subcommittee on Energy
                                   and Power.)
105-4                             FDA Policy on Home Drug    February 6,
                                   Testing Kits.              1997
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-5                             The Department of Health   February
                                   and Human Services'        12, 1997
                                   Proposed Budget for
                                   Fiscal Year 1998.
                                   (Subcommittee on Health
                                   and Environment.)
105-6                             Federal Barriers to        February
                                   Common Sense Cleanups.     14, 1997
                                   (Subcommittee on Finance    March 7,
                                   and Hazardous              1997
                                   Materials.) Field
                                   Hearings in Columbus,
                                   Ohio and New York City,
                                   New York.
105-7                             Assisted Suicide: Legal,   March 6,
                                   Medical, Ethical and       1997
                                   Social Issues.
                                   (Subcommittee on Health
                                   and Environment.)
105-8                             Medicaid Reform: The       March 11,
                                   Governors' View.           1997
                                   (Subcommittee on Health
                                   and Environment.)
105-9                             Leaking Underground        March 20,
                                   Storage Tank Trust Fund    1997
                                   Amendments Act of 1997.
                                   H.R. 688. (Subcommittee
                                   on Finance and Hazardous
                                   Materials.)
105-10                            Spectrum Managment         February
                                   Policy. (Subcommittee on   12, 1997
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-11                            The WTO Telecom            March 19,
                                   Agreement: Results and     1997
                                   Next Steps.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-12                            The Securities and         March 6,
                                   Exchange Commission        1997
                                   Authorization Act of
                                   1997. (Subcommittee on
                                   Finance and Hazardous
                                   Materials.)
105-13                            Reauthorization of the     April 24,
                                   National                   1997
                                   Telecommunications and
                                   Information
                                   Administration.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-14                            Medicare Home Health       March 5,
                                   Care. (Subcommittee on     1997
                                   Health and Environment.)
105-15                            Medicare Managed Care:     February
                                   Payment and Related        27, 1997
                                   Issues. (Subcommittee on
                                   Health and Environment.)
105-16                            Air Bags, Car Seats and    April 28,
                                   Child Safety.              1997
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-17                            The Texas Low-Level        May 13,
                                   Radioactive Waste          1997
                                   Disposal Compact Consent
                                   Act. H.R. 629.
                                   (Subcommittee on Energy
                                   and Power.)
105-18                            The Common Cents Stock     April 10,
                                   Pricing Act of 1997.       1997
                                   H.R. 1053. (Subcommittee    April 16,
                                   on Finance and Hazardous   1997
                                   Materials.)
105-19                            Review of EPA's Proposed   April 10,
                                   Ozone and Particulate      1997
                                   Matter NAAQS Revisions--    April 17,
                                   Part 1. (Subcommittee on   1997
                                   Health and Environment
                                   and the Subcommittee on
                                   Oversight and
                                   Investigations.) Clean
                                   Air Scientific Advisory
                                   Committee's (CASAC)
                                   Review; Development of
                                   the Regulatory Impact
                                   Analysis for EPA's
                                   Proposed Revisions.
105-20                            Medical Devices:           April 30,
                                   Technological Innovation   1997
                                   and Patient/Provider
                                   Perspectives.
                                   (Subcommittee on Health
                                   and Environment.)
105-21                            Reauthorization of the     April 23,
                                   Prescription Drug User     1997
                                   Fee Act and FDA Reform.
                                   (Subcommittee on Health
                                   and Environment.)
105-22                            Cellular Privacy: Is       February 5,
                                   Anyone Listening? You      1997
                                   Betcha! (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-23                            The New TV Ratings         May 19,
                                   System: How Is It          1997
                                   Playing In Peoria?
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.) Field
                                   Hearing in Peoria,
                                   Illinois.
105-24                            Review of EPA's Proposed   May 1, 1997
                                   Ozone and Particulate       May 8,
                                   Matter NAAQS Revisions--   1997
                                   Part 2. (Subcommittee on    May 15,
                                   Health and Environment     1997
                                   and the Subcommittee on
                                   Oversight and
                                   Investigations.) The
                                   Perspectives of State
                                   and Local Elected
                                   Officials. The Health
                                   Effects of Ozone and
                                   Particulate Matter.
                                   Overview: EPA
                                   Administrator Carol M.
                                   Browner.
105-25                            Electricity: Reliability   June 19,
                                   and Competition.           1997
                                   (Subcommittee on Energy
                                   and Power.)
105-26                            Continued Management       June 19,
                                   Concerns at the NIH.       1997
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-27                            The Nuclear Waste Policy   April 29,
                                   Act of 1997. H.R. 1270.    1997
                                   (Subcommittee on Energy
                                   and Power.)
105-28                            Reauthorization of         June 18,
                                   Transportation-Related     1997
                                   Air Quality Improvement
                                   Programs. (Subcommittee
                                   on Health and
                                   Environment.)
105-29                            Department of Energy's     May 7, 1997
                                   Office of Science and
                                   Technology.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-30                            Reauthorization of the     May 22,
                                   National Highway Traffic   1997
                                   Safety Administration.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-31                            Product Liability Reform.  April 8,
                                   (Subcommittee on           1997
                                   Telecommunications,         April 30,
                                   Trade, and Consumer        1997
                                   Protection.) Consumer
                                   Access to Life-Saving
                                   Products. How The Legal
                                   Fee Structure Affects
                                   Consumer Compensation.
105-32                            DOE Civilian Research and  May 20,
                                   Development Act of 1997.   1997
                                   H.R. 1277. (Subcommittee
                                   on Energy and Power.)
105-33                            The Internet Tax Freedom   July 11,
                                   Act. H.R. 1054.            1997
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-34                            Financial Services         May 1, 1997
                                   Reform. (Subcommittee on    May 14,
                                   Finance and Hazardous      1997
                                   Materials.) ``A Two Way     June 24,
                                   Street'' and Functional    1997
                                   Reform. Consolidation in
                                   the Brokerage Industry.
                                   Insurance Regulation.
105-35                            The National Salvage       June 26,
                                   Motor Vehicle Consumer     1997
                                   Protection Act of 1997.
                                   H.R. 1839. (Subcommittee
                                   on Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-36                            Implementation of Title    July 30,
                                   VI of the 1990 Clean Air   1997
                                   Act Amendments and Plans
                                   for the Upcoming Meeting
                                   of the Parties to the
                                   Montreal Protocol in
                                   Montreal in September
                                   1997. (Subcommittee on
                                   Health and Environment.)
105-37                            Electricity: Public        July 9,
                                   Power, TVA, BPA, and       1997
                                   Competition.
                                   (Subcommittee on Energy
                                   and Power.)
105-38                            The Financial Services     July 17,
                                   Competitiveness Act of     1997
                                   1997. H.R. 10.              July 25,
                                   (Subcommittee on Finance   1997
                                   and Hazardous               July 30,
                                   Materials.)                1997
105-39                            The Security and Freedom   September
                                   Through Encryption         4, 1997
                                   (SAFE) Act. H.R. 695.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-40                            Electric Utility Industry  April 14,
                                   Restructuring: Why         1997
                                   Shouldn't All Consumers     April 18,
                                   Have a Choice?             1997
                                   (Subcommittee on Energy     May 2,
                                   and Power.) Field          1997
                                   hearings in Atlanta,        May 9,
                                   Georgia; Richmond,         1997
                                   Virginia; Chicago,
                                   Illinois; and Dallas,
                                   Texas.
105-41                            Operation of the           September
                                   Superfund Program.         4, 1997
                                   (Subcommittee on Finance
                                   and Hazardous
                                   Materials.)
105-42                            EPCA FY 1998               September
                                   Reauthorization. H.R.      16, 1997
                                   2472. (Subcommittee on
                                   Energy and Power.)
105-43                            Overview of NIH Programs.  September
                                   (Subcommittee on Health    30, 1997
                                   and Environment.)
105-44                            Adequacy of Access to      September
                                   Investigative Drugs for    23, 1997
                                   Seriously Ill Patients.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-45                            The Department of          July 28
                                   Energy's Implementation    1997
                                   of Contract Reform:         July 29,
                                   Problems with the Fixed-   1997
                                   Price Contract to Clean
                                   Up Pit 9. (Subcommittee
                                   on Oversight and
                                   Investigations.)
105-46                            Electricity: Innovation    September
                                   and Competition.           5, 1997
                                   (Subcommittee on Energy
                                   and Power.)
105-47                            Video Competition.         July 29,
                                   (Subcommittee on           1997
                                   Telecommunications,         October
                                   Trade, and Consumer        30, 1997
                                   Protection.) The Status
                                   of Competition Among
                                   Video Delivery Systems.
                                   Access to Programming.
105-48                            Medicare Provider Service  March 19,
                                   Networks. (Subcommittee    1997
                                   on Health and
                                   Environment.)
105-49                            Electricity Competition:   September
                                   Necessary Federal and      24, 1997
                                   State Roles.
                                   (Subcommittee on Energy
                                   and Power.)
105-50                            Reauthorization of the     March 18,
                                   Substance Abuse and        1997
                                   Mental Health Services
                                   Act. (Subcommittee on
                                   Health and Environment.)
105-51                            The Federal-State          November 4,
                                   Relationship: A Look       1997
                                   Into EPA Regulatory
                                   Reinvention Efforts.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-52                            The National Highway       October 29,
                                   Traffic Safety             1997
                                   Administration
                                   Reauthorization Act of
                                   1997. H.R. 2691.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-53                            Medicare Preventive        April 11,
                                   Benefits and Quality       1997
                                   Standards. (Subcommittee
                                   on Health and
                                   Environment.)
105-54                            Reauthorization of the     October 23,
                                   Consumer Product Safety    1997
                                   Commission.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-55                            Assessing the Department   October 9,
                                   of Energy's Management     1997
                                   of the National
                                   Laboratory System.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-56                            The Tobacco Settlement:    November
                                   Views of the               13, 1997
                                   Administration and the
                                   State Attorneys General.
                                   (Full Committee.)
105-57                            The Department of          October 23,
                                   Energy's Implementation    1997
                                   of Contract Reform:
                                   Mismanagement of
                                   Performance-Based
                                   Contracting.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-58                            Medicare Waste, Fraud,     September
                                   and Abuse. (Subcommittee   29, 1997
                                   on Oversight and
                                   Investigations.)
105-59                            Implementation of the      October 21,
                                   Private Securities         1997
                                   Litigation Reform Act of
                                   1995 (P.L. 104-67).
                                   (Subcommittee on Finance
                                   and Hazardous
                                   Materials.)
105-60                            Transborder Air            November
                                   Pollution, Including the   18, 1997
                                   Impact of Emissions From
                                   Foreign Transborder
                                   Commuter Vehicles on Air
                                   Quality in Border
                                   Regions. (Subcommittee
                                   on Health and
                                   Environment.) Field
                                   hearing in San Diego,
                                   California.
105-61                            Communications Satellite   September
                                   Competition and            30, 1997
                                   Privatization Act of
                                   1997. H.R. 1872.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-62                            Implementation of the      October 1,
                                   Clean Air Act National     1997
                                   Ambient Air Quality
                                   Standards (NAAQS)
                                   Revisions for Ozone and
                                   Particulate Matter.
                                   (Subcommittee on Health
                                   and Environment and the
                                   Subcommittee on
                                   Oversight and
                                   Investigations.)
105-63                            Managed Care Quality.      October 28,
                                   H.R. 1415 and H.R. 820.    1997
                                   (Subcommittee on Health
                                   and Environment.)
105-64                            Medicare Home Health.      October 29,
                                   (Subcommittee on           1997
                                   Oversight and
                                   Investigations.)
105-65                            Electricity Competition.   October 21,
                                   H.R. 655, H.R. 338, H.R.   1997
                                   1230, H.R. 1359, and        October
                                   H.R. 1960. (Subcommittee   22, 1997
                                   on Energy and Power.)
105-66                            The Tobacco Settlement--   December 8,
                                   Part 1. (Subcommittee on   1997
                                   Health and Environment.)    December
                                   Relating to Medicaid and   9, 1997
                                   the Allocation of
                                   Settlement Funds.
                                   Relating to Preventing
                                   Teen Tobacco Use.
105-67                            International Global       July 15,
                                   Climate Change             1997
                                   Negotiations.               November
                                   (Subcommittee on Energy    5, 1997
                                   and Power.) The Economic
                                   and Environmental Impact
                                   of the Proposed
                                   Agreement. Status of
                                   International Global
                                   Climate Change
                                   Negotiations.
105-68                            The Tobacco Settlement:    January 29,
                                   Views of Tobacco           1998
                                   Industry Executives.
                                   (Full Committee.)
105-69                            The Department of          November 5,
                                   Energy's Funding of        1997
                                   Molten Metal Technology--   November
                                   Part 1. (Subcommittee on   7, 1997
                                   Oversight and
                                   Investigations.)
105-70                            Cloning: Legal, Medical,   February
                                   Ethical and Social         12, 1998
                                   Issues. (Subcommittee on
                                   Health and Environment.)
105-71                            Preventing the             February 5,
                                   Transmission of the        1998
                                   Human Immunodeficiency
                                   Virus (HIV).
                                   (Subcommittee on Health
                                   and Environment.)
105-72                            The Tobacco Settlement--   February
                                   Part 2. (Subcommittee on   25, 1998
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.) Views of
                                   Businesses Excluded From
                                   the Tobacco Settlement.
105-73                            The General Accounting     March 19,
                                   Office's Investigative     1998
                                   Findings of Alleged
                                   Medicare Improprieties
                                   by a Home Health Agency.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-74                            Wireless Enhanced 911      March 24,
                                   Services. (Subcommittee    1998
                                   on Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-75                            Food and Drug              April 1,
                                   Administration             1998
                                   Management Concerns.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-76                            New Developments in        March 26,
                                   Medical Research: NIH      1998
                                   and Patient Groups.
                                   (Subcommittee on Health
                                   and Environment.)
105-77                            The Department of          November
                                   Energy's Funding of        21, 1997
                                   Molten Metal Technology--   February
                                   Part 2. (Subcommittee on   12, 1998
                                   Oversight and
                                   Investigations.)
105-78                            The Superfund Reform Act.  March 5,
                                   H.R. 3000. (Subcommittee   1998
                                   on Finance and Hazardous    March 26,
                                   Materials.)                1998
                                  The Superfund Reform Act   March 5,
                                   Addendum. H.R. 3000.       1998
                                   (Subcommittee on Finance    March 26,
                                   and Hazardous              1998
                                   Materials.)
105-79                            The Federal-State          March 17,
                                   Relationship:              1998
                                   Environmental Self
                                   Audits. (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-80                            Video Competition:         April 1,
                                   Multichannel               1998
                                   Programming. H.R. 2921
                                   and H.R. 3210.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-81                            Medicare Waste, Fraud,     March 2,
                                   and Abuse: A Regional      1998
                                   Perspective.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.) Field
                                   hearing in Colleyville,
                                   Texas.
105-82                            The Tobacco Settlement--   March 6,
                                   Part 3. (Subcommittee on   1998
                                   Health and Environment.)    March 19,
                                   Views of the Public        1998
                                   Health Community. Views
                                   of the Public.
105-83                            Reauthorization of the     March 25,
                                   Nuclear Regulatory         1998
                                   Commission. H.R. 3532.
                                   (Subcommittee on Energy
                                   and Power.)
105-84                            Industry Implementation    May 8, 1998
                                   of Decimal Pricing.
                                   (Subcommittee on Finance
                                   and Hazardous
                                   Materials.)
105-85                            The Securities Litigation  May 19,
                                   Uniform Standards Act of   1998
                                   1997. H.R. 1689.
                                   (Subcommittee on Finance
                                   and Hazardous
                                   Materials.)
105-86                            The Auto Choice Reform     May 20,
                                   Act of 1997. H.R. 2021.    1998
                                   (Subcommittee on Finance
                                   and Hazardous
                                   Materials.)
105-87                            The Department of          February 5,
                                   Energy's Proposed Budget   1998
                                   for Fiscal Year 1999.
                                   (Subcommittee on Energy
                                   and Power.)
105-88                            Reauthorization of the     May 8, 1998
                                   Mammography Quality
                                   Standards Act.
                                   (Subcommittee on Health
                                   and Environment.)
105-89                            High Definition            April 23,
                                   Television: Coming To A    1998
                                   Home Theater Near You.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-90                            Department of Energy's     May 12,
                                   Hanford Spent Nuclear      1998
                                   Fuel Project.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-91                            Reauthorization of the     March 31,
                                   Federal Communications     1998
                                   Commission.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-92                            Status of the Superfund    February 4,
                                   Program. (Subcommittee     1998
                                   on Finance and Hazardous
                                   Materials.)
105-93                            China Trade Policy.        May 14,
                                   (Subcommittee on           1998
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-94                            Implementation of the      April 22,
                                   Reformulated Gasoline      1998
                                   Program in California.
                                   H.R. 630. (Subcommittee
                                   on Health and
                                   Environment.)
105-95                            Regulatory Efforts to      May 6, 1998
                                   Phaseout
                                   Chlorofluorocarbon-Based
                                   Metered Dose Inhalers.
                                   (Subcommittee on Health
                                   and Environment.)
105-96                            Medicare Billing: Savings  May 19,
                                   Through Implementation     1998
                                   of Commercial Software.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-97                            States' Alternative        June 23,
                                   Environmental Compliance   1998
                                   Strategies.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-98                            Community-Based Care for   March 12,
                                   Americans with             1998
                                   Disabilities.
                                   (Subcommittee on Health
                                   and Environment.)
105-99                            The National Oilheat       June 16,
                                   Research Alliance Act of   1998
                                   1998. H.R. 3610.
                                   (Subcommittee on Energy
                                   and Power.)
105-100                           The Gift of Life:          April 23,
                                   Increasing Bone Marrow     1998
                                   Donation and
                                   Transplantation. (Joint
                                   Hearing with
                                   Subcommittee on Health
                                   and Environment and the
                                   Senate Committee on
                                   Labor and Human
                                   Resources.)
105-101                           Protecting Consumers       June 23,
                                   Against Slamming. H.R.     1998
                                   3050 and H.R. 3888.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-102                           The WIPO Copyright         June 5,
                                   Treaties Implementation    1998
                                   Act. H.R. 2281
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-103                           The Impact and             August 3,
                                   Effectiveness of the       1998
                                   Small Order Execution
                                   System. (Subcommittee on
                                   Finance and Hazardous
                                   Materials.)
105-104                           Progress on Uranium Mill   July 27,
                                   Tailings Cleanup.          1998
                                   (Subcommittee on Energy
                                   and Power.)
105-105                           Enhancing Retirement       July 24,
                                   Through Individual         1998
                                   Investment Choices.
                                   (Subcommittee on Finance
                                   and Hazardous
                                   Materials.)
105-106                           The Department of Health   July 23,
                                   and Human Services'        1998
                                   Policy for Federal
                                   Workplace Drug Testing
                                   Programs. (Subcommittee
                                   on Oversight and
                                   Investigations.)
105-107                           Putting Patients First:    June 18,
                                   Resolving Allocation of    1998
                                   Transplant Organs.
                                   (Joint Hearing with the
                                   Subcommittee on Health
                                   and Environment and the
                                   Senate Committee on
                                   Labor and Human
                                   Resources.)
105-108                           The Kyoto Protocol and     March 4,
                                   Its Economic               1998
                                   Implications.
                                   (Subcommittee on Energy
                                   and Power.)
105-109                           The Energy Policy Act      July 21,
                                   Amendments of 1997. H.R.   1998
                                   2568. (Subcommittee on
                                   Energy and Power.)
105-110                           EPA's Title VI Interim     August 6,
                                   Guidance and Alternative   1998
                                   State Approaches.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-111                           Electronic Commerce--Part  April 30,
                                   1. (Full Committee.) The   1998
                                   Marketplace of the 21st     July 29,
                                   Century. The Global        1998
                                   Electronic Marketplace.
105-112                           Electronic Commerce--Part  June 4,
                                   2. (Subcommittee on        1998
                                   Finance and Hazardous       June 18,
                                   Materials.) New Methods    1998
                                   for Making Electronic
                                   Purchases. Investing
                                   Online.
105-113                           Electronic Commerce--Part  May 7, 1998
                                   3. (Subcommittee on         May 21,
                                   Telecommunications,        1998
                                   Trade, and Consumer         June 10,
                                   Protection.) Building      1998
                                   Tomorrow's Information      June 25,
                                   Infrastructure. Doing      1998
                                   Business Online. The        July 21,
                                   Future of the Domain       1998
                                   Name System. Consumer
                                   Protection in
                                   Cyberspace. Privacy in
                                   Cyberspace.
105-114                           Electronic Commerce--Part  June 5,
                                   4. (Subcommittee on        1998
                                   Health and Environment.)
                                   The Promise of Better
                                   Health Care Through
                                   Telemedicine.
105-115                           Electronic Commerce--Part  July 15,
                                   5. (Subcommittee on        1998
                                   Energy and Power.) The
                                   Energy Industry in the
                                   Electronic Age.
105-116                           Wireless Communications    June 9,
                                   and Public Safety Act of   1998
                                   1998. H.R. 3844.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-117                           External Regulation of     May 20,
                                   Department of Energy       1998
                                   Nuclear Facilities.
                                   (Subcommittee on Energy
                                   and Power.)
105-118                           Education and Technology   September
                                   Initiatives. (Joint        16, 1998
                                   hearing with the Full
                                   Committee and the
                                   Committee on Education
                                   and the Workforce.)
105-119                           Legislative Proposals to   September
                                   Protect Children from      11, 1998
                                   Inappropriate Materials
                                   on the Internet.
                                   (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-120                           Circumstances Surrounding  August 4,
                                   the FCC's Planned          1997
                                   Relocation to the           August 7,
                                   Portals--Part 1.           1998
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-121                           Circumstances Surrounding  September
                                   the FCC's Planned          10, 1998
                                   Relocation to the           September
                                   Portals--Part 2.           15, 1998
                                   (Subcommittee on            September
                                   Oversight and              17, 1998
                                   Investigations.)
105-122                           Circumstances Surrounding  October 6,
                                   the FCC's Planned          1998
                                   Relocation to the           October
                                   Portals--Part 3.           9, 1998
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-123                           The Implementation of the  September
                                   Abstinence Education       25, 1998
                                   Provisions in the
                                   Welfare Reform Act.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-124                           Abuses of the Medicare     October 5,
                                   Partial Hospitalization    1998
                                   Benefit at Community
                                   Mental Health Centers.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-125                           Energy Security: What      October 2,
                                   Will the New Millennium    1998
                                   Bring? (Subcommittee on
                                   Energy and Power.)
105-126                           Protecting Consumers       September
                                   Against Cramming and       28, 1998
                                   Spamming. (Subcommittee
                                   on Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-127                           Department of Health and   April 24,
                                   Human Services Inspector   1998
                                   General's Audit of the
                                   Health Care Financing
                                   Administration's FY 1997
                                   Financial Statements.
                                   (Joint Hearing with the
                                   Subcommittee on
                                   Oversight and
                                   Investigations, the
                                   Subcommittee on Health
                                   and Environment, and the
                                   Committee on Government
                                   Reform and Oversight
                                   Subcommittee on
                                   Government Management,
                                   Information, and
                                   Technology.)
105-128                           The State of Cancer        July 20,
                                   Research. (Subcommittee    1998
                                   on Health and
                                   Environment.)
105-129                           Imported Drugs: U.S.-E.U.  October 2,
                                   Mutual Recognition         1998
                                   Agreement on Drug
                                   Inspections.
                                   (Subcommittee on
                                   Oversight and
                                   Investigations.)
105-130                           Improving Price            September
                                   Competition for Mutual     29, 1998
                                   Funds and Bonds.
                                   (Subcommittee on Finance
                                   and Hazardous
                                   Materials.)
105-131                           HIV Partner Protection     September
                                   Act. H.R. 4431.            29, 1998
                                   (Subcommittee on Health
                                   and Environment.)
105-132                           Public Broadcasting        October 5,
                                   Reform Act of 1998. H.R.   1998
                                   4067. (Subcommittee on
                                   Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-133                           State Children's Health    September
                                   Insurance Program: A       18, 1998
                                   Progress Report.
                                   (Subcommittee on Health
                                   and Environment.)
105-134                           Spectrum Management        September
                                   Oversight. (Subcommittee   18, 1998
                                   on Telecommunications,
                                   Trade, and Consumer
                                   Protection.)
105-135                           Implementation of the      October 8,
                                   Safe Drinking Water Act    1998
                                   Amendments.
                                   (Subcommittee on Health
                                   and Environment.)
105-136                           Implementation of the      October 7,
                                   Food and Drug              1998
                                   Administration
                                   Modernization Act of
                                   1997. (Full Committee.)
105-137                           A Review of the            October 8,
                                   Department of Energy's     1998
                                   Hanford Radioactive Tank
                                   Waste Privatization
                                   Contract. (Subcommittee
                                   on Oversight and
                                   Investigations.)
105-138                           The Federal Hydroelectric  September
                                   Relicensing Process.       25, 1998
                                   (Subcommittee on Energy
                                   and Power.)
105-139                           The Medicare+Choice        October 2,
                                   Program After One Year.    1998
                                   (Subcommittee on Health
                                   and Environment.)
105-140                           The Kyoto Protocol: The    October 6,
                                   Outlook for Buenos Aires   1998
                                   and Beyond.
                                   (Subcommittee on Energy
                                   and Power.)
105-141                           International Anti-        September
                                   Bribery and Fair           10, 1998
                                   Competition Act of 1997.
                                   H.R. 4353. (Subcommittee
                                   on Finance and Hazardous
                                   Materials.)
------------------------------------------------------------------------

                                 part b

                            Committee Prints
------------------------------------------------------------------------
              Serial No.                              Title
------------------------------------------------------------------------
105-A                                   Survey of Federal Agencies on
                                         Costs of Federal Regulations.
                                         (A Staff Report prepared for
                                         the Committee on Commerce.)
105-B                                   Compilation of Selected Acts
                                         Within the Jurisdiction of the
                                         Committee on Commerce--
                                         Communications Law. (Full
                                         Committee.)
105-C                                   Compilation of Selected Energy-
                                         Related Legislation--Energy
                                         Conservation, Low-Income
                                         Assistance, and Related
                                         Matters. (Full Committee.)
105-D                                   Compilation of Selected Energy-
                                         Related Legislation--
                                         Organization and Miscellaneous
                                         Laws. (Full Committee.)
105-E                                   Compilation of Securities Laws
                                         Within the Jurisdiction of the
                                         Committee on Commerce. (Full
                                         Committee.)
105-F                                   Compilation of Selected Energy-
                                         Related Legislation--
                                         Electricity. (Full Committee.)
105-G                                   Compilation of Selected Energy-
                                         Related Legislation--Oil, Gas,
                                         and Nonnuclear Fuels. (Full
                                         Committee.)
105-H                                   Compilation of Selected Acts
                                         Within the Jurisdiction of the
                                         Committee on Commerce--Food,
                                         Drug, and Related Law. (Full
                                         Committee.)
105-I                                   Compilation of Selected Energy-
                                         Related Legislation--Nuclear
                                         Energy and Radioactive Waste.
                                         (Full Committee.)
105-J                                   Compilation of Selected Acts
                                         Within the Jurisdiction of the
                                         Committee on Commerce--Consumer
                                         Protection Law. (Full
                                         Committee.)
105-K                                   Compilation of Selected Acts
                                         Within the Jurisdiction of the
                                         Committee on Commerce--Health
                                         Law. (Full Committee.)
105-L                                   Compilation of Selected Acts
                                         Within the Jurisdiction of the
                                         Committee on Commerce--
                                         Environmental Law, Volume 1.
                                         (Full Committee.)
105-M                                   Rules for the Committee on
                                         Commerce--105th Congress. (Full
                                         Committee.)
105-N                                   Tributes to Departing Members of
                                         the Committee on Commerce in
                                         the One Hundred Fourth
                                         Congress. (Full Committee.)
105-O                                   Compilation of Selected Acts
                                         Within the Jurisdiction of the
                                         Committee on Commerce--
                                         Environmental Law, Volume 2.
                                         (Full Committee.)
105-P                                   Index to Documents Relating to
                                         the Committee's Hearing on The
                                         Proposed Tobacco Settlement--
                                         November 13, 1997. (To
                                         Accompany the Documents in
                                         Electronic Format. Documents
                                         Provided on CD-Rom.) (Full
                                         Committee.)
105-Q                                   Rules for the Committee on
                                         Commerce--105th Congress--
                                         Second Session. (Full
                                         Committee.)
105-R                                   Compilation of Selected Acts
                                         Within the Jurisdiction of the
                                         Committee on Commerce--Food,
                                         Drug, and Related Law. (Full
                                         Committee.)
105-S                                   Compilation of Selected Acts
                                         Within the Jurisdiction of the
                                         Committee on Commerce--Consumer
                                         Protection Law. (Full
                                         Committee.)
105-T                                   Privacy, Confidentiality and
                                         Discrimination in Genetics.
                                         (Task Force on Health Records
                                         and Genetic Privacy--July 22,
                                         1997.)
105-U                                   Index to Documents Relating to
                                         the Proposed Tobacco Settlement
                                         Subpoenaed on February 19,
                                         1998. (Printed as a follow-up
                                         to the Committee's Hearing on
                                         The Proposed Tobacco
                                         Settlement--November 13, 1997.
                                         To Accompany the Documents in
                                         Electronic Format. Documents
                                         Provided on 44 CD-Roms.) (Full
                                         Committee.)
105-V                                   Meetings on Portals
                                         Investigation (Authorization of
                                         Subpoenas; Receipt of
                                         Subpoenaed Documents and
                                         Consideration of Objections;
                                         and Contempt of Congress
                                         Proceedings Against Franklin L.
                                         Haney.) April 30, 1998 and June
                                         17, 1998. (Subcommittee on
                                         Oversight and Investigations.)
                                         June 24, 1998. (Full
                                         Committee.)
105-W                                   Without Reasonable Assurance:
                                         Financial and Property
                                         Management Concerns at the Food
                                         and Drug Administration. (A
                                         Staff Report prepared for the
                                         Subcommittee on Oversight and
                                         Investigations.)
105-X                                   Report on the Portals
                                         Investigation and Related
                                         Matters: Evidence Warranting
                                         Further Action by Federal Law
                                         Enforcement Authorities. (A
                                         Staff Report prepared for the
                                         Subcommittee on Oversight and
                                         Investigations.)
------------------------------------------------------------------------

                                <greek-d>

