[DOCID: f:hr846.105] From the House Reports Online via GPO Access [wais.access.gpo.gov] 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 ONE HUNDRED FIFTH CONGRESS 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