Activity Report of the Committee on Energy and Commerce, 116th Congress: House Report 116-713
Summary
House Report 116-713 of the 116th Congress, 2d Session, Union Calendar No. 597, dated December 31, 2020, the activity report of the Committee on Energy and Commerce of the House of Representatives for the One Hundred Sixteenth Congress. The membership page gives a ratio of 31-24. A passage near page 141 traces H.R. 4447, which was referred to the Subcommittee on Energy on September 23, 2019, and says the Subcommittee held a hearing on six bills on February 12, 2020, with witnesses including Mark W. Menezes, Under Secretary of Energy at the U.S. Department of Energy.
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“Activity Report of the Committee on Energy and Commerce, 116th Congress: House Report 116-713.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt713-crpt-116hrpt713/
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1
Union Calendar No. 597
116th Congress, 2d Session – – – – – – – – – – – – House Report 116–713
ACTIVITY REPORT
OF THE
COMMITTEE ON ENERGY AND COMMERCE
OF THE
HOUSE OF REPRESENTATIVES
FOR THE
ONE HUNDRED SIXTEENTH CONGRESS
DECEMBER 31, 2020.—Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
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ACTIVITY REPORT OF THE COMMITTEE ON ENERGY AND COMMERCE
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Union Calendar No. 597
116th Congress, 2d Session – – – – – – – – – – – – House Report 116–713
ACTIVITY REPORT
OF THE
COMMITTEE ON ENERGY AND COMMERCE
OF THE
HOUSE OF REPRESENTATIVES
FOR THE
ONE HUNDRED SIXTEENTH CONGRESS
DECEMBER 31, 2020.—Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
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U.S. GOVERNMENT PUBLISHING OFFICE
42–833 WASHINGTON : 2020
E:\Seals\Congress.#13
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THE COMMITTEE ON ENERGY AND COMMERCE
ONE HUNDRED SIXTEENTH CONGRESS
(Ratio 31–24)
FRANK PALLONE, JR., New Jersey, Chairman
BOBBY L. RUSH, Illinois GREG WALDEN, Oregon, Ranking Member
ANNA G. ESHOO, California FRED UPTON, Michigan
ELIOT L. ENGEL, New York JOHN SHIMKUS, Illinois
DIANA DEGETTE, Colorado MICHAEL C. BURGESS, Texas
MICHAEL F. DOYLE, Pennsylvania STEVE SCALISE, Louisiana
JANICE D. SCHAKOWSKY, Illinois ROBERT E. LATTA, Ohio
G.K. BUTTERFIELD, North Carolina CATHY MCMORRIS RODGERS, Washington
DORIS O. MATSUI, California BRETT GUTHRIE, Kentucky
KATHY CASTOR, Florida PETE OLSON, Texas
JOHN P. SARBANES, Maryland DAVID B. MCKINLEY, West Virginia
JERRY MCNERNEY, California ADAM KINZINGER, Illinois
PETER WELCH, Vermont H. MORGAN GRIFFITH, Virginia
BEN RAY LUJÁN, New Mexico GUS M. BILIRAKIS, Florida
PAUL TONKO, New York BILL JOHNSON, Ohio
YVETTE D. CLARKE, New York, Vice Chair BILLY LONG, Missouri
DAVID LOEBSACK, Iowa LARRY BUCSHON, Indiana
KURT SCHRADER, Oregon BILL FLORES, Texas
JOSEPH P. KENNEDY III, Massachusetts SUSAN W. BROOKS, Indiana
TONY CÁRDENAS, California MARKWAYNE MULLIN, Oklahoma
RAUL RUIZ, California RICHARD HUDSON, North Carolina
SCOTT H. PETERS, California TIM WALBERG, Michigan
DEBBIE DINGELL, Michigan EARL L. ‘‘BUDDY’’ CARTER, Georgia
MARC A. VEASEY, Texas JEFF DUNCAN, South Carolina
ANN M. KUSTER, New Hampshire GREG GIANFORTE, Montana
ROBIN L. KELLY, Illinois
NANETTE DIAZ BARRAGÁN, California
A. DONALD MCEACHIN, Virginia
LISA BLUNT ROCHESTER, Delaware
DARREN SOTO, Florida
TOM O’HALLERAN, Arizona
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(II)
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LETTER OF TRANSMITTAL
HOUSE OF REPRESENTATIVES,
COMMITTEE ON ENERGY AND COMMERCE,
Washington, DC, December 31, 2020.
Hon. CHERYL L. JOHNSON,
Clerk, House of Representatives,
Washington, DC.
DEAR MADAM CLERK: Pursuant to clause 1(d) of Rule XI of the
Rules of the House of Representatives, I present herewith a report
on the activities of the Committee on Energy and Commerce for the
116th Congress, including the Committee’s review and study of leg-
islation within its jurisdiction and the oversight activities under-
taken by the Committee.
Sincerely,
FRANK PALLONE, JR.,
Chairman.
(III)
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CONTENTS
Page
Jurisdiction ............................................................................................................... 1
Rules ......................................................................................................................... 3
Committee and Subcommittee Memberships ........................................................ 11
Committee Staff ....................................................................................................... 15
Committee Organization and Historical Notes ..................................................... 19
Legislative and Oversight Activity of the Committee ........................................... 25
Statistical Summary of Committee Activities ................................................ 25
Legislative and Oversight Summary and Accomplishments ................................ 26
Full Committee ................................................................................................. 29
Subcommittee on Consumer Protection and Commerce ................................ 33
Subcommittee on Communications and Technology ...................................... 63
Subcommittee on Energy ................................................................................. 103
Subcommittee on Environment and Climate Change ................................... 155
Subcommittee on Health .................................................................................. 189
Subcommittee on Oversight and Investigations ............................................
Appendix I—116th Congress Oversight Plan ........................................................ 320
Appendix II—Public Laws ...................................................................................... 331
Appendix III—Printed Hearings ............................................................................ 333
Appendix IV—Hearings Held Pursuant to Clauses 2(n), (o), or (p) of Rules
XI ........................................................................................................................... 338
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(V)
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Union Calendar No. 597
116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–713
ACTIVITY REPORT OF THE COMMITTEE ON ENERGY AND
COMMERCE OF THE HOUSE OF REPRESENTATIVES FOR
THE ONE HUNDRED SIXTEENTH CONGRESS
DECEMBER 31, 2020.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. PALLONE, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
JURISDICTION
The jurisdiction of the Committee on Energy and Commerce, as
prescribed by clause 1(f) of Rule X of the Rules of the House of Rep-
resentatives, is as follows:
(1) Biomedical research and development.
(2) Consumer affairs and consumer protection.
(3) Health and health facilities (except health care supported by
payroll deductions).
(4) Interstate energy compacts.
(5) Interstate and foreign commerce generally.
(6) Exploration, production, storage, supply, marketing, pricing,
and regulation of energy resources, including all fossil fuels, solar
energy, and other unconventional or renewable energy resources.
(7) Conservation of energy resources.
(8) Energy information generally.
(9) The generation and marketing of power (except by Federally
chartered or Federal regional power marketing authorities); reli-
ability and interstate transmission of, and ratemaking for, all
power; and siting of generation facilities (except the installation of
interconnections between Government waterpower projects).
(10) General management of the Department of Energy and man-
agement and all functions of the Federal Energy Regulatory Com-
mission.
(11) National energy policy generally.
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(12) Public health and quarantine.
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(13) Regulation of the domestic nuclear energy industry, includ-
ing regulation of research and development reactors and nuclear
regulatory research.
(14) Regulation of interstate and foreign communications.
(15) Travel and tourism.
The committee shall have the same jurisdiction with respect to
regulation of nuclear facilities and of use of nuclear energy as it
has with respect to regulation of nonnuclear facilities and of use of
nonnuclear energy.
In addition, clause 3(e) of Rule X of the Rules of the House of
Representatives provides that the Committee on Energy and Com-
merce shall review and study on a continuing basis laws, programs,
and Government activities relating to nuclear and other energy and
nonmilitary nuclear energy research and development including
the disposal of nuclear waste.
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RULES FOR THE COMMITTEE ON ENERGY AND COMMERCE U.S.
HOUSE OF REPRESENTATIVES, 116TH CONGRESS
(Adopted January 24, 2019)
Rule 1. General Provisions
(a) Rules of the Committee. The Rules of the House are the rules
of the Committee on Energy and Commerce (the ‘‘Committee’’) and
its subcommittees so far as is applicable.
(b) Rules of the Subcommittees. Each subcommittee of the Com-
mittee is part of the Committee and is subject to the authority and
direction of the Committee and to its rules so far as is applicable.
Written rules adopted by the Committee, not inconsistent with the
Rules of the House, shall be binding on each subcommittee of the
Committee.
Rule 2. Business Meetings/Markups
(a) Regular Meeting Days. The Committee shall meet on the
fourth Tuesday of each month at 10 a.m., for the consideration of
bills, resolutions, and other business, if the House is in session on
that day. If the House is not in session on that day and the Com-
mittee has not met during such month, the Committee shall meet
at the earliest practicable opportunity when the House is again in
session. The chairman of the Committee may, at his or her discre-
tion, cancel, delay, or defer any meeting required under this sec-
tion, after consultation with the ranking minority member.
(b) Additional Meetings. The chairman may call and convene, as
he or she considers necessary, additional meetings of the Com-
mittee for the consideration of any bill or resolution pending before
the Committee or for the conduct of other Committee business. The
Committee shall meet for such purposes pursuant to that call of
the chairman.
(c) Notice. The date, time, place, and subject matter of any meet-
ing of the Committee (other than a hearing) shall be announced at
least 36 hours (exclusive of Saturdays, Sundays, and legal holidays
except when the House is in session on such days) in advance of
the commencement of such meeting. In no event shall such meeting
commence earlier than the third calendar day (excluding Satur-
days, Sundays, or legal holidays except when the House is in ses-
sion on such a day) on which members have notice thereof.
(d) Agenda. The agenda for each Committee meeting, setting out
all items of business to be considered, shall be provided to each
member of the Committee at least 36 hours in advance of such
meeting.
(e) Availability of Texts. No bill, recommendation, or other mat-
ter shall be considered by the Committee unless the text of the
matter, together with an explanation, has been available to mem-
bers of the Committee for three days (or 24 hours in the case of
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(3)
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a substitute for introduced legislation). Such explanation shall in-
clude a summary of the major provisions of the legislation, an ex-
planation of the relationship of the matter to present law, and a
summary of the need for the legislation.
(f) Waiver. The requirements of subsections (c), (d), and (e) may
be waived by a majority of those present and voting (a majority
being present) of the Committee or by the chairman with the con-
currence of the ranking member, as the case may be.
Rule 3. Hearings
(a) Notice. The date, time, place, and subject matter of any hear-
ing of the Committee shall be announced at least one week in ad-
vance of the commencement of such hearing, unless a determina-
tion is made in accordance with clause 2(g)(3) of Rule XI of the
Rules of the House that there is good cause to begin the hearing
sooner.
(b) Memorandum. Each member of the Committee shall be pro-
vided, except in the case of unusual circumstances, with a memo-
randum at least 48 hours before each hearing explaining (1) the
purpose of the hearing and (2) the names of any witnesses.
(c) Witnesses. (1) Each witness who is to appear before the Com-
mittee shall file with the clerk of the Committee, at least two work-
ing days in advance of his or her appearance, sufficient copies, as
determined by the chairman of the Committee of a written state-
ment of his or her proposed testimony to provide to members and
staff of the Committee, the news media, and the general public.
Each witness shall, to the greatest extent practicable, also provide
a copy of such written testimony in an electronic format prescribed
by the chairman. Each witness shall limit his or her oral presen-
tation to a brief summary of the argument. The chairman of the
Committee or the presiding member may waive the requirements
of this paragraph or any part thereof.
(2) To the greatest extent practicable, the written testimony of
each witness appearing in a nongovernmental capacity shall in-
clude a curriculum vitae and a disclosure of any Federal grants or
contract or foreign government contracts and payments related to
the subject matter of the hearing received during the current cal-
endar year or either of the two preceding calendar years by the wit-
ness or by an entity represented by the witness. The disclosure
shall include (i) the amount and source of each Federal grant (or
subgrant thereof) or contract (or subcontract thereof) related to the
subject matter of the hearing; and (ii) the amount and country of
origin of any payment or contract related to the subject matter of
the hearing originating with a foreign government.
(d) Questioning. (1) The right to interrogate the witnesses before
the Committee shall alternate between majority and minority
members. Each member shall be limited to 5 minutes in the inter-
rogation of witnesses until such time as each member who so de-
sires has had an opportunity to question witnesses. No member
shall be recognized for a second period of 5 minutes to interrogate
a witness until each member of the Committee present has been
recognized once for that purpose. The chairman shall recognize in
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order of appearance members who were not present when the
meeting was called to order after all members who were present
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when the meeting was called to order have been recognized in the
order of seniority on the Committee or relevant subcommittee, as
the case may be.
(2) The chairman, with the concurrence of the ranking minority
member, or the Committee by motion, may permit an equal num-
ber of majority and minority members to question a witness for a
specified, total period that is equal for each side and not longer
than thirty minutes for each side. The chairman with the concur-
rence of the ranking minority member, or the Committee by mo-
tion, may also permit committee staff of the majority and minority
to question a witness for a specified, total period that is equal for
each side and not longer than thirty minutes for each side.
(3) Each member may submit to the chairman of the Committee
additional questions for the record, to be answered by the wit-
nesses who have appeared. Each member shall provide a copy of
the questions in an electronic format to the clerk of the Committee
no later than ten business days following a hearing. The chairman
shall transmit all questions received from members of the Com-
mittee to the appropriate witness and include the transmittal letter
and the responses from the witnesses in the hearing record. After
consultation with the ranking minority member, the chairman is
authorized to close the hearing record no earlier than 120 days
from the date the questions were transmitted to the appropriate
witness.
Rule 4. Vice Chairmen; Presiding Member
The chairman shall designate a member of the majority party to
serve as vice chairman of the Committee, and shall designate a ma-
jority member of each subcommittee to serve as vice chairman of
each subcommittee. The vice chairman of the Committee or sub-
committee, as the case may be, shall preside at any meeting or
hearing during the temporary absence of the chairman. If the
chairman and vice chairman of the Committee or subcommittee are
not present at any meeting or hearing, the most senior ranking
member of the majority party who is present shall preside at the
meeting or hearing.
Rule 5. Open Proceedings
Except as provided by the Rules of the House, each meeting and
hearing of the Committee for the transaction of business, including
the markup of legislation, and each hearing, shall be open to the
public, including to radio, television, and still photography cov-
erage, consistent with the provisions of Rule XI of the Rules of the
House.
Rule 6. Quorum
Testimony may be taken and evidence received at any hearing at
which there are present not fewer than two members of the Com-
mittee or subcommittee in question. A majority of the members of
the Committee or subcommittee shall constitute a quorum for those
actions for which the House Rules require a majority quorum. For
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the purposes of taking any other action, one-third of the members
of the Committee shall constitute a quorum.
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Rule 7. Official Committee Records
(a)(1) Documents reflecting the proceedings of the Committee
shall be made publicly available in electronic form on the Commit-
tee’s website and in the Committee office for inspection by the pub-
lic, as provided in Rule XI, clause 2(e) of the Rules of the House
not more than 24 hours after each meeting has adjourned, includ-
ing a record showing those present at each meeting; and a record
of the vote on any question on which a record vote is demanded,
including a description of the amendment, motion, order, or other
proposition, the name of each member voting for and each member
voting against such amendment, motion, order, or proposition, and
the names of those members of the committee present but not vot-
ing.
(2) Record Votes. A record vote may be demanded by one-fifth of
the members present or, in the apparent absence of a quorum, by
any one member. No demand for a record vote shall be made or ob-
tained except for the purpose of procuring a record vote or in the
apparent absence of a quorum.
(b) Postponement of Votes. In accordance with clause 2(h)(4) of
Rule XI of the Rules of the House, the chairman of the Committee
or a subcommittee, after consultation with the ranking minority
member of the Committee or subcommittee, may (A) postpone fur-
ther proceedings when a record vote is ordered on the question of
approving a measure or matter or on adopting an amendment; and
(B) resume proceedings on a postponed question at any time after
reasonable notice. When proceedings resume on a postponed ques-
tion, notwithstanding any intervening order for the previous ques-
tion, an underlying proposition shall remain subject to further de-
bate or amendment to the same extent as when the question was
postponed.
(c) Archived Records. The records of the Committee at the Na-
tional Archives and Records Administration shall be made avail-
able for public use in accordance with Rule VII of the Rules of the
House. The chairman shall notify the ranking minority member of
any decision, pursuant to clause 3(b)(3) or clause 4 of the Rule, to
withhold a record otherwise available, and the matter shall be pre-
sented 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 Ar-
chivist of the United States or the Clerk of the House concerning
the disposition of noncurrent records pursuant to clause 3(b) of the
Rule.
Rule 8. Subcommittees
(a) Establishment. There shall be such standing subcommittees
with such jurisdiction and size as determined by the majority party
caucus of the Committee. The jurisdiction, number, and size of the
subcommittees shall be determined by the majority party caucus
prior to the start of the process for establishing subcommittee
chairmanships and assignments.
(b) Powers and Duties. Each subcommittee is authorized to meet,
hold hearings, receive testimony, mark up legislation, and report to
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the Committee on all matters referred to it. Subcommittee chair-
men shall set hearing and meeting dates only with the approval of
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the chairman of the Committee with a view toward assuring the
availability of meeting rooms and avoiding simultaneous sched-
uling of Committee and subcommittee meetings or hearings when-
ever possible.
(c) Ratio of Subcommittees. The majority caucus of the Com-
mittee shall determine an appropriate ratio of majority to minority
party members for each subcommittee and the chairman shall ne-
gotiate that ratio with the minority party, provided that the ratio
of party members on each subcommittee shall be no less favorable
to the majority than that of the full Committee, nor shall such
ratio provide for a majority of less than two majority members.
(d) Selection of Subcommittee Members. Prior to any organiza-
tional meeting held by the Committee, the majority and minority
caucuses shall select their respective members of the standing sub-
committees.
(e) Ex Officio Members. The chairman and ranking minority
member of the Committee shall be ex officio members with voting
privileges of each subcommittee of which they are not assigned as
members and may be counted for purposes of establishing a
quorum in such subcommittees.
Rule 9. Opening Statements
(a) Written Statements. All written opening statements at hear-
ings and business meetings conducted by the committee shall be
made part of the permanent record.
(b) Length. (1) At full committee hearings, the chairman and
ranking minority member shall be limited to 5 minutes each for an
opening statement, and may designate another member to give an
opening statement of not more than 5 minutes. At subcommittee
hearings, the subcommittee chairman and ranking minority mem-
ber of the subcommittee shall be limited to 5 minutes each for an
opening statement. In addition, the full committee chairman and
ranking minority member shall each be allocated 5 minutes for an
opening statement for themselves or their designees at sub-
committee hearings.
(2) At any business meeting of the Committee, statements shall
be limited to 5 minutes each for the chairman and ranking minor-
ity member (or their respective designee) of the Committee or sub-
committee, as applicable, and 3 minutes each for all other mem-
bers. The chairman may further limit opening statements for Mem-
bers (including, at the discretion of the chairman, the chairman
and ranking minority member) to one minute.
Rule 10. Reference of Legislation and Other Matters
All legislation and other matters referred to the Committee shall
be referred to the subcommittee of appropriate jurisdiction within
two weeks of the date of receipt by the Committee unless action is
taken by the full Committee within those two weeks, or by majority
vote of the members of the Committee, consideration is to be by the
full Committee. In the case of legislation or other matter within the
jurisdiction of more than one subcommittee, the chairman of the
Committee may, in his or her discretion, refer the matter simulta-
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neously to two or more subcommittees for concurrent consideration,
or may designate a subcommittee of primary jurisdiction and also
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refer the matter to one or more additional subcommittees for con-
sideration in sequence (subject to appropriate time limitations), ei-
ther on its initial referral or after the matter has been reported by
the subcommittee of primary jurisdiction. Such authority shall in-
clude the authority to refer such legislation or matter to an ad hoc
subcommittee appointed by the chairman, with the approval of the
Committee, from the members of the subcommittees having legisla-
tive or oversight jurisdiction.
Rule 11. Managing Legislation on the House Floor
The chairman, in his or her discretion, shall designate which
member shall manage legislation reported by the Committee to the
House.
Rule 12. Committee Professional and Clerical Staff Appointments
(a) Delegation of Staff. Whenever the chairman of the Committee
determines that any professional staff member appointed pursuant
to the provisions of clause 9 of Rule X of the House of Representa-
tives, who is assigned to such chairman and not to the ranking mi-
nority member, by reason of such professional staff member’s ex-
pertise or qualifications will be of assistance to one or more sub-
committees in carrying out their assigned responsibilities, he or she
may delegate such staff member to such subcommittees for such
purpose. A delegation of a member of the professional staff pursu-
ant to this subsection shall be made after consultation with sub-
committee chairmen and with the approval of the subcommittee
chairman or chairmen involved.
(b) Minority Professional Staff. Professional staff members ap-
pointed pursuant to clause 9 of Rule X of the House of Representa-
tives, who are assigned to the ranking minority member of the
Committee and not to the chairman of the Committee, shall be as-
signed to such Committee business as the minority party members
of the Committee consider advisable.
(c) Additional Staff Appointments. In addition to the professional
staff appointed pursuant to clause 9 of Rule X of the House of Rep-
resentatives, 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 Com-
mittee considers advisable.
(d) Sufficient Staff. The chairman shall ensure that sufficient
staff is made available to each subcommittee to carry out its re-
sponsibilities under the rules of the Committee.
(e) Fair Treatment of Minority Members in Appointment of Com-
mittee 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 con-
tract for the temporary services or intermittent service of indi-
vidual consultants or organizations to make studies or advise the
Committee or its subcommittees with respect to any matter within
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their jurisdiction shall be deemed to have been approved by a ma-
jority of the members of the Committee if approved by the chair-
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9
man and ranking minority member of the Committee. Such ap-
proval shall not be deemed to have been given if at least one-third
of the members of the Committee request in writing that the Com-
mittee formally act on such a contract, if the request is made with-
in 10 days after the latest date on which such chairman or chair-
men, and such ranking minority member or members, approve
such contract.
Rule 13. Supervision, Duties of Staff
(a) Supervision of Majority Staff. The professional and clerical
staff of the Committee not assigned to the minority shall be under
the supervision and direction of the chairman who, in consultation
with the chairmen of the subcommittees, shall establish and assign
the duties and responsibilities of such staff members and delegate
such authority as they determine is appropriate.
(b) Supervision of Minority Staff. The professional and clerical
staff assigned to the minority shall be under the supervision and
direction of the minority members of the Committee, who may dele-
gate such authority as they determine appropriate.
Rule 14. Committee Budget
(a) Administration of Committee Budget. The chairman of the
Committee, in consultation with the ranking minority member,
shall for the 116th Congress attempt to ensure that the Committee
receives necessary amounts for professional and clerical staff, trav-
el, investigations, equipment and miscellaneous expenses of the
Committee and the subcommittees, which shall be adequate to
fully discharge the Committee’s responsibilities for legislation and
oversight.
(b) Monthly Expenditures Report. Committee members shall be
furnished a copy of each monthly report, prepared by the chairman
for the Committee on House Administration, which shows expendi-
tures made during the reporting period and cumulative for the year
by the Committee and subcommittees, anticipated expenditures for
the projected Committee program, and detailed information on
travel.
Rule 15. Broadcasting of Committee Hearings
Any meeting or hearing that is open to the public may be covered
in whole or in part by radio or television or still photography, sub-
ject to the requirements of clause 4 of Rule XI of the Rules of the
House. The coverage of any hearing or other proceeding of the
Committee or any subcommittee thereof by television, radio, or still
photography shall be under the direct supervision of the chairman
of the Committee, the subcommittee chairman, or other member of
the Committee presiding at such hearing or other proceeding and
may be terminated by such member in accordance with the Rules
of the House.
Rule 16. Subpoena Power
The power to authorize and issue subpoenas is delegated to the
chairman of the full Committee, as provided for under clause
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2(m)(3)(A)(i) of Rule XI of the Rules of the House of Representa-
tives. The chairman shall notify the ranking minority member
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10
prior to issuing any subpoena under such authority. To the extent
practicable, the chairman shall consult with the ranking minority
member at least 72 hours in advance of a subpoena being issued
under such authority. The chairman shall report to the members
of the Committee on the issuance of a subpoena as soon as prac-
ticable but in no event later than one week after issuance of such
subpoena.
Rule 17. Travel of Members and Staff
(a) Approval of Travel. Consistent with the primary expense reso-
lution and such additional expense resolutions as may have been
approved, travel to be reimbursed from funds set aside for the
Committee for any member or any staff member shall be paid only
upon the prior authorization of the chairman. Travel may be au-
thorized by the chairman for any member and any staff member
in connection with the attendance of hearings conducted by the
Committee or any subcommittee thereof and meetings, conferences,
and investigations that involve activities or subject matter under
the general jurisdiction of the Committee. Before such authoriza-
tion is given there shall be submitted to the chairman in writing
the following: (1) the purpose of the travel; (2) the dates during
which the travel is to be made and the date or dates of the event
for which the travel is being made; (3) the location of the event for
which the travel is to be made; and (4) the names of members and
staff seeking authorization.
(b) Approval of Travel by Minority Members and Staff. In the
case of travel by minority party members and minority party staff
for the purpose set out in (a), the prior approval, not only of the
chairman but also of the ranking minority member, shall be re-
quired. Such prior authorization shall be given by the chairman
only upon the representation by the ranking minority member in
writing setting forth those items enumerated in (1), (2), (3), and (4)
of paragraph (a).
Rule 18. Website
The chairman shall maintain an official Committee website for
the purposes of furthering the Committee’s legislative and over-
sight responsibilities, including communicating information about
the Committee’s activities to Committee members and other mem-
bers of the House. The ranking minority member may maintain an
official website for the purpose of carrying out official responsibil-
ities, including communicating information about the activities of
the minority members of the Committee to Committee members
and other members of the House.
Rule 19. Conferences
The chairman of the Committee is directed to offer a motion
under clause 1 of Rule XXII of the Rules of the House whenever
the chairman considers it appropriate.
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MEMBERSHIP AND ORGANIZATION
ONE HUNDRED SIXTEENTH CONGRESS
COMMITTEE ON ENERGY AND COMMERCE
(Ratio 31–24)
FRANK PALLONE, JR., New Jersey, Chairman
BOBBY L. RUSH, Illinois GREG WALDEN, Oregon, Ranking Member
ANNA G. ESHOO, California FRED UPTON, Michigan
ELIOT L. ENGEL, New York JOHN SHIMKUS, Illinois
DIANA DEGETTE, Colorado MICHAEL C. BURGESS, Texas
MICHAEL F. DOYLE, Pennsylvania STEVE SCALISE, Louisiana
JANICE D. SCHAKOWSKY, Illinois ROBERT E. LATTA, Ohio
G.K. BUTTERFIELD, North Carolina CATHY MCMORRIS RODGERS, Washington
DORIS O. MATSUI, California BRETT GUTHRIE, Kentucky
KATHY CASTOR, Florida PETE OLSON, Texas
JOHN P. SARBANES, Maryland DAVID B. MCKINLEY, West Virginia
JERRY MCNERNEY, California ADAM KINZINGER, Illinois
PETER WELCH, Vermont H. MORGAN GRIFFITH, Virginia
BEN RAY LUJÁN, New Mexico GUS M. BILIRAKIS, Florida
PAUL TONKO, New York BILL JOHNSON, Ohio
YVETTE D. CLARKE, New York, Vice Chair BILLY LONG, Missouri
DAVID LOEBSACK, Iowa LARRY BUCSHON, Indiana
KURT SCHRADER, Oregon BILL FLORES, Texas
JOSEPH P. KENNEDY III, Massachusetts SUSAN W. BROOKS, Indiana
TONY CÁRDENAS, California MARKWAYNE MULLIN, Oklahoma
RAUL RUIZ, California RICHARD HUDSON, North Carolina
SCOTT H. PETERS, California TIM WALBERG, Michigan
DEBBIE DINGELL, Michigan EARL L. ‘‘BUDDY’’ CARTER, Georgia
MARC A. VEASEY, Texas JEFF DUNCAN, South Carolina
ANN M. KUSTER, New Hampshire GREG GIANFORTE, Montana
ROBIN L. KELLY, Illinois
NANETTE DIAZ BARRAGÁN, California
A. DONALD MCEACHIN, Virginia
LISA BLUNT ROCHESTER, Delaware
DARREN SOTO, Florida
TOM O’HALLERAN, Arizona
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SUBCOMMITTEE MEMBERSHIPS AND JURISDICTION
SUBCOMMITTEE ON COMMUNICATIONS AND TECHNOLOGY
(Ratio 18–13)
MICHAEL F. DOYLE, Pennsylvania, Chairman
JERRY MCNERNEY, California ROBERT E. LATTA, Ohio, Ranking Member
YVETTE D. CLARKE, New York JOHN SHIMKUS, Illinois
DAVID LOEBSACK, Iowa STEVE SCALISE, Louisiana
MARC A. VEASEY, Texas PETE OLSON, Texas
A. DONALD MCEACHIN, Virginia ADAM KINZINGER, Illinois
DARREN SOTO, Florida GUS M. BILIRAKIS, Florida
TOM O’HALLERAN, Arizona BILL JOHNSON, Ohio
ANNA G. ESHOO, California BILLY LONG, Missouri
DIANA DEGETTE, Colorado BILL FLORES, Texas
G.K. BUTTERFIELD, North Carolina SUSAN W. BROOKS, Indiana
DORIS O. MATSUI, California, Vice Chair TIM WALBERG, Michigan
PETER WELCH, Vermont GREG GIANFORTE, Montana
BEN RAY LUJÁN, New Mexico GREG WALDEN, Oregon
KURT SCHRADER, Oregon (Ex Officio)
TONY CÁRDENAS, California
DEBBIE DINGELL, Michigan
FRANK PALLONE, JR., New Jersey
(Ex Officio)
Jurisdiction: electronic communications, both interstate and foreign, including
voice, video, audio and data, whether transmitted by wire or wirelessly, and wheth-
er transmitted by telecommunications, commercial or private mobile service, broad-
cast, cable, satellite, microwave, or other mode; technology generally; emergency and
public safety communications; cybersecurity, privacy, and data security; the Federal
Communications Commission, the National Telecommunications and Information
Administration, the Emergency Communications Division in the Department of
Homeland Security; and all aspects of the above-referenced jurisdiction related to
the Department of Homeland Security.
SUBCOMMITTEE ON CONSUMER PROTECTION AND COMMERCE
(Ratio 14–10)
JANICE D. SCHAKOWSKY, Illinois, Chairwoman
KATHY CASTOR, Florida CATHY MCMORRIS RODGERS, Washington,
MARC A. VEASEY, Texas Ranking Member
ROBIN L. KELLY, Illinois FRED UPTON, Michigan
TOM O’HALLERAN, Arizona MICHAEL C. BURGESS, Texas
BEN RAY LUJÁN, New Mexico ROBERT E. LATTA, Ohio
TONY CÁRDENAS, California, Vice Chair BRETT GUTHRIE, Kentucky
LISA BLUNT ROCHESTER, Delaware LARRY BUCSHON, Indiana
DARREN SOTO, Florida RICHARD HUDSON, North Carolina
BOBBY L. RUSH, Illinois EARL L. ‘‘BUDDY’’ CARTER, Georgia
DORIS O. MATSUI, California GREG GIANFORTE, Montana
JERRY MCNERNEY, California GREG WALDEN, Oregon
DEBBIE DINGELL, Michigan (Ex Officio)
FRANK PALLONE, JR., New Jersey
(Ex Officio)
Jurisdiction: interstate and foreign commerce, including all trade matters within
the jurisdiction of the full committee; regulation of commercial practices (the Fed-
eral Trade Commission), including sports-related matters; consumer affairs and con-
sumer protection, including privacy matters; data security; consumer product safety
(the Consumer Protection Safety Commission); product liability; motor vehicle safe-
ty; and regulation of travel, tourism, and time.
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SUBCOMMITTEE ON ENERGY
(Ratio 19–14)
BOBBY L. RUSH, Illinois, Chairman
SCOTT H. PETERS, California FRED UPTON, Michigan, Ranking Member
MICHAEL F. DOYLE, Pennsylvania ROBERT E. LATTA, Ohio
JOHN P. SARBANES, Maryland CATHY MCMORRIS RODGERS, Washington
JERRY MCNERNEY, California, Vice Chair PETE OLSON, Texas
PAUL TONKO, New York DAVID B. MCKINLEY, West Virginia
DAVID LOEBSACK, Iowa ADAM KINZINGER, Illinois
G.K. BUTTERFIELD, North Carolina H. MORGAN GRIFFITH, Virginia
PETER WELCH, Vermont BILL JOHNSON, Ohio
KURT SCHRADER, Oregon LARRY BUCSHON, Indiana
JOSEPH P. KENNEDY, III, Massachusetts BILL FLORES, Texas
MARC A. VEASEY, Texas RICHARD HUDSON, North Carolina
ANN M. KUSTER, New Hampshire TIM WALBERG, Michigan
ROBIN L. KELLY, Illinois JEFF DUNCAN, South Carolina
NANETTE DIAZ BARRAGÁN, California GREG WALDEN, Oregon
A. DONALD MCEACHIN, Virginia (Ex Officio)
TOM O’HALLERAN, Arizona
LISA BLUNT ROCHESTER, Delaware
FRANK PALLONE, JR., New Jersey
(Ex Officio)
Jurisdiction: national energy policy; fossil energy; renewable energy; nuclear en-
ergy; nuclear facilities; the Department of Energy; the Nuclear Regulatory Commis-
sion; the Federal Energy Regulatory Commission; synthetic and alternative fuels;
energy conservation; energy information; utility issues; interstate energy compacts;
energy generation, marketing, reliability, transmission, siting, exploration, produc-
tion, efficiency, cybersecurity, and ratemaking for all generated power; pipelines; all
laws, programs, and government activities affecting energy matters, including all
aspects of the above-referenced jurisdiction related to the Department of Homeland
Security.
SUBCOMMITTEE ON ENVIRONMENT AND CLIMATE CHANGE
(Ratio 14–10)
PAUL TONKO, New York, Chairman
YVETTE D. CLARKE, New York JOHN SHIMKUS, Illinois, Ranking Member
SCOTT H. PETERS, California CATHY MCMORRIS RODGERS, Washington
NANETTE DIAZ BARRAGÁN, California DAVID B. MCKINLEY, West Virginia
A. DONALD MCEACHIN, Virginia BILL JOHNSON, Ohio
LISA BLUNT ROCHESTER, Delaware BILLY LONG, Missouri
DARREN SOTO, Florida BILL FLORES, Texas
DIANA DEGETTE, Colorado MARKWAYNE MULLIN, Oklahoma
JANICE D. SCHAKOWSKY, Illinois EARL L. ‘‘BUDDY’’ CARTER, Georgia
DORIS O. MATSUI, California JEFF DUNCAN, South Carolina
JERRY MCNERNEY, California GREG WALDEN, Oregon
RAUL RUIZ, California, Vice Chair (Ex Officio)
DEBBIE DINGELL, Michigan
FRANK PALLONE, JR., New Jersey
(Ex Officio)
Jurisdiction: the Clean Air Act and air emissions; all matters related to soil, air,
and water contamination, including Superfund and the Resource Conservation and
Recovery Act; the regulation of solid, hazardous, and nuclear wastes, including min-
ing, nuclear, oil, gas, and coal combustion waste; emergency environmental re-
sponse; industrial plant security, including cybersecurity; the regulation of drinking
water (Safe Drinking Water Act), including underground injection of fluids (e.g.,
deep well injection or hydrofracking); toxic substances (Toxic Substances Control
Act); noise; and all aspects of the above-referenced jurisdiction related to the De-
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SUBCOMMITTEE ON HEALTH
(Ratio 19–14)
ANNA G. ESHOO, California, Chairwoman
ELIOT L. ENGEL, New York MICHAEL C. BURGESS, Texas,
G.K. BUTTERFIELD, North Carolina, Ranking Member
Vice Chair FRED UPTON, Michigan
DORIS O. MATSUI, California JOHN SHIMKUS, Illinois
KATHY CASTOR, Florida BRETT GUTHRIE, Kentucky
JOHN P. SARBANES, Maryland H. MORGAN GRIFFITH, Virginia
BEN RAY LUJÁN, New Mexico GUS M. BILIRAKIS, Florida
KURT SCHRADER, Oregon BILLY LONG, Missouri
JOSEPH P. KENNEDY, III, Massachusetts LARRY BUCSHON, Indiana
TONY CÁRDENAS, California SUSAN W. BROOKS, Indiana
PETER WELCH, Vermont MARKWAYNE MULLIN, Oklahoma
RAUL RUIZ, California RICHARD HUDSON, North Carolina
DEBBIE DINGELL, Michigan EARL L. ‘‘BUDDY’’ CARTER, Georgia
ANN M. KUSTER, New Hampshire GREG GIANFORTE, Montana
ROBIN L. KELLY, Illinois GREG WALDEN, Oregon
NANETTE DIAZ BARRAGÁN, California (Ex Officio)
LISA BLUNT ROCHESTER, Delaware
BOBBY L. RUSH, Illinois
FRANK PALLONE, JR., New Jersey
(Ex Officio)
Jurisdiction: public health and quarantine; hospital construction; mental health;
biomedical research and development; health information technology, privacy, and
cybersecurity; public health insurance (Medicare, Medicaid) and private health in-
surance; medical malpractice and medical malpractice insurance; the regulation of
food, drugs, devices, cosmetics, and tobacco (the Food and Drug Administration);
drug abuse; the Department of Health and Human Services; the National Institutes
of Health; the Centers for Disease Control; Indian Health Service; and all aspects
of the above-referenced jurisdiction related to the Department of Homeland Secu-
rity.
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
(Ratio 11–8)
DIANA DEGETTE, Colorado, Chair
JANICE D. SCHAKOWSKY, Illinois BRETT GUTHRIE, Kentucky,
JOSEPH P. KENNEDY, III, Massachusetts, Ranking Member
Vice Chair MICHAEL C. BURGESS, Texas
RAUL RUIZ, California DAVID B. MCKINLEY, West Virginia
ANN M. KUSTER, New Hampshire H. MORGAN GRIFFITH, Virginia
KATHY CASTOR, Florida SUSAN W. BROOKS, Indiana
JOHN P. SARBANES, Maryland MARKWAYNE MULLIN, Oklahoma
PAUL TONKO, New York JEFF DUNCAN, South Carolina
YVETTE D. CLARKE, New York GREG WALDEN, Oregon
SCOTT H. PETERS, California (Ex Officio)
FRANK PALLONE, JR., New Jersey
(Ex Officio)
Jurisdiction: responsibility for oversight of agencies, departments, and programs
related to the jurisdiction of the full committee, and for conducting investigations.
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COMMITTEE STAFF
MAJORITY COMMITTEE STAFF
JEFFREY C. CARROLL, Staff Director
TIFFANY GUARASCIO, Deputy Staff Director
ANDREW W. SOUVALL, Director of Communications, Outreach, and Member Services
RICK KESSLER, Staff Director, Energy and Environment and Senior Policy Advisor
CHRISTOPHER KNAUER, Staff Director, Oversight and Investigations
UNA LEE, Chief Health Counsel
KIMBERLEE R. TRZECIAK, Chief Health Advisor
ALEX D. HOEHN SARIC, Chief Counsel—Communications and Consumer Protection
TIMOTHY R. ROBINSON, Chief Counsel
WAVERLY L. GORDON, Deputy Chief Counsel
SHARON E. DAVIS, Chief Clerk
WILLIAM C. BENJAMIN, Systems Administrator
ELIZABETH B. ERTEL, Office Manager
AUSTIN J. FLACK, Staff Assistant
EVAN GILBERT, Deputy Press Secretary
PERRY H. HAMILTON, Deputy Chief Clerk
ZACHARY L. KAHAN, Outreach and Member Services Coordinator
ELYSA A. MONTFORT, Press Secretary
KAITLYN D. PEEL, Digital Director
LINO PEÑA MARTINEZ, Staff Assistant
ALIVIA P. ROBERTS, Press Assistant
CHLOE V. RODRIGUEZ, Deputy Chief Clerk/Policy Analyst
EDWARD L. WALKER, Technology Director
CAROLINE E. WOOD, Legislative Assistant
CJ YOUNG, Press Secretary
JACQUELINE COHEN, Chief Environment Counsel
ADAM S. FISCHER, Junior Professional Staff Member
JEAN FRUCI, Policy Advisor, Energy and Environment (retired)
ANTHONY J. GUTIERREZ, Professional Staff Member
CAITLIN HABERMAN, Professional Staff Member
BRENDAN LARKIN, Policy Coordinator—Environment and Climate Change
DUSTIN J. MAGHAMFAR, Air and Climate Counsel
JOURDAN M. LEWIS, Policy Coordinator—Energy
JOHN MARSHALL, Policy Coordinator—Energy (resigned)
MEDHA SURAMPUDY, Professional Staff Member
REBECCA J. TOMILCHIK, Policy Analyst, Energy and Environment
J. TULEY WRIGHT, Senior Energy and Environment Policy Advisor
PETER J. RECHTER, Counsel
MOHAMMAD ASLAMI, Oversight Counsel
KEVIN S. BARSTOW, Chief Oversight Counsel
JESSECA L. BOYER, Professional Staff Member
MANMEET K. DHINDSA, Counsel
JUDITH B. HARVEY, Counsel
EDWARD M. KACZAMARSKI, Professional Staff Member
KEVIN G. MCALOON, Oversight Investigator
JON MONGER, Oversight Counsel
NIKKI ROY, Policy Coordinator—Oversight and Investigations
BENJAMIN S. TABOR, Junior Professional Staff Member and Policy Analyst, Oversight
JOE BANEZ, Professional Staff Member
JACQUELYN L. BOLEN, Health Counsel
KIMBERLY L. ESPINOSA, Professional Staff Member
STEPHEN M. HOLLAND, Health Counsel
SAHA KHATERZAI, Professional Staff Member
AISLING E. MCDONOUGH, Policy Coordinator—Health
MEGHAN K. MULLON, Policy Analyst, Health
ROBERTO SADA III, Policy Coordinator
SAMANTHA N. SATCHELL, Professional Staff Member
RICHARD A. VAN BUREN, Health Counsel
AJ BROWN, Counsel
JENNIFER L. EPPERSON, Counsel
GERALD B. LEVERICH III, Senior Counsel
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DANIEL A. MILLER, Junior Professional Staff Member
PHILIP H. MURPHY, Policy Coordinator—Communications and Technology
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JOSEPH S. ORLANDO, Policy Analyst, Communications and Technology
ELISA R. GOLDMAN, Senior Counsel
DANIEL M. GREENE, Professional Staff Member
SYDNEY L. TERRY, Policy Coordinator—Consumer Protection and Commerce
ANNA YU, Professional Staff Member
GOVERNMENT DETAILEES
WAYNE LAUFERT, Government Publishing Office
PATRICIA MANGRUM, Government Publishing Office
EMILY RYAN, Government Accountability Office
MEGAN HOWARD, Food and Drug Administration
PARUL DESAI, Federal Communications Commission
ELISABETH OLSON, Federal Energy Regulatory Commission
CATHERINE GILJOHANN, Federal Energy Regulatory Commission
ANNE MARIE HIRSCHBERGER, Federal Energy Regulatory Commission
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MINORITY COMMITTEE STAFF
MICHAEL D. BLOOMQUIST, Staff Director (retired)
RYAN C. LONG, Deputy Staff Director/Staff Director (appointed 10/05/2020)
PETER KIELTY, General Counsel
JENNIFER BARBLAN, Chief Counsel
ZACH RODAY, Director of Communications
NOLAN W. AHERN, Professional Staff Member
LORISSA M. BOUNDS, Policy Coordinator
SARA KATHERINE BOWENS, Press Secretary
WILLIAM B. CLUTTERBUCK, Staff Assistant
GERALD S. COURI III, Deputy Chief Counsel for Environment
JORDAN DAVIS, Senior Advisor
JUSTIN DISCIGIL, Press Secretary
THERESA N. GAMBO, Financial and Office Administrator
MARISSA GERVASI, Counsel
CALEB M. GRAFF, Deputy Chief Counsel, Health
TYLER J. GREENBERG, Staff Assistant
BRITTAN HAVENS, Professional Staff Member
TIFFANY HAVERLY, Communications Director
MOLLY JENKINS, Press Secretary
BIJAN KOOHMARAIE, Deputy Chief Counsel, Consumer Protection & Commerce & Coalitions
Director
TIMOTHY KURTH, Chief Counsel, Consumer Protection and Commerce
MARY K. MARTIN, Chief Counsel, Energy and Environment
BRANDON P. MOONEY, Deputy Chief Counsel, Energy
CATHERINE O’CONNOR, Chief Counsel, Communications and Technology
JP PALUSKIEWICZ, Chief Counsel
CLAIRE M. PAOLETTA, Policy Analyst
BRANNON T. RAINS, Policy Analyst
MARK D. RATNER, Policy Coordinator
KRISTIN T. SEUM, Counsel
KRISTEN E. SHATYNSKI, Professional Staff Member
ALAN M. SLOBODIN, Chief Investigative Counsel
NATALIE SOHN, Counsel
PETER SPENCER, Senior Professional Staff
CALLIE STROCK, Press Secretary
MATTHEW THOMAS, Research Associate
EVAN M. VIAU, Professional Staff Member
EVERETT G. WINNICK, Director of Information Technology
GOVERNMENT DETAILEES
KRISTINE FARGOTSTEIN, Federal Communications Commission
MICHAEL ENGEL, Federal Communications Commission
DAVID BRODIAN, Department of Commerce
DIANE CUTLER, Department of Health and Human Services, Office of the Inspector General
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COMMITTEE ORGANIZATION AND HISTORICAL NOTES
COMMITTEE ORGANIZATION
The Committee on Energy and Commerce organized on January
24, 2019, the Honorable Frank Pallone, Jr. (D–NJ), presiding. The
size of the full Committee remained the same as it was in the
115th Congress, bringing the total number of members on the Com-
mittee to 55 (31 Democrats and 24 Republicans). Nine were new
to the Committee: Representatives Veasey of Texas, Kuster of New
Hampshire, Kelly of Illinois, Barragán of California, McEachin of
Virginia, Blunt Rochester of Delaware, Soto of Florida, O’Halleran
of Arizona, and Gianforte of Montana. Representative Yvette D.
Clarke of New York was designated as Vice Chair for the full Com-
mittee for the 116th Congress.
In the 116th Congress, there were no changes in the Committee
membership following its organization, an exceptional occurrence
that had not happened during the previous 25 years.
During the January 24, 2019, organizational meeting, the Com-
mittee adopted the Rules of the Committee for the 116th Congress.
The subcommittee jurisdictions, ratios, and memberships were ap-
proved, as well. While the jurisdiction and ratios of the subcommit-
tees remained the same as in the 115th Congress, two sub-
committee names were changed. The new names were the Sub-
committee on Consumer Protection and Commerce, in the 115th
Congress previously named the Subcommittee on Digital Commerce
and Consumer Protection; and the Subcommittee on Environment
and Climate Change, previously named the Subcommittee on Envi-
ronment. The following members were elected to serve as sub-
committee chairs and Chairman Pallone later designated the vice
chairs of the six subcommittees:
• Subcommittee on Communications and Technology
Michael Doyle of Pennsylvania, Chairman
Doris O. Matsui of California, Vice Chair
• Subcommittee on Consumer Protection and Commerce
Janice D. Schakowsky of Illinois, Chairwoman
Tony Cárdenas of California, Vice Chair
• Subcommittee on Energy
Bobby L. Rush of Illinois, Chairman
Jerry McNerney of California, Vice Chair
• Subcommittee on Environment and Climate Change
Paul Tonko of New York, Chairman
Raul Ruiz of California, Vice Chair
• Subcommittee on Health
Anna G. Eshoo, California, Chairwoman
G.K. Butterfield of North Carolina, Vice Chair
• Subcommittee on Oversight and Investigations
Dianna DeGette of Colorado, Chair
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20
Joseph P. Kennedy III of Massachusetts, Vice Chair
As the 116th Congress concludes, 10 committee members will not
return for the next congress due to their decision to retire or be-
cause of electoral outcomes.
Among those leaving the House at the end of this congress is the
Honorable Greg Walden (R–OR), who serves as the full Commit-
tee’s Republican leaders and Ranking Member in the 116th Con-
gress. Mr. Walden was first elected to Congress in 1998 and has
served 21 years in the House of Representatives, with 19 of those
years as a Member of this Committee. From the 112th through the
114th Congress, he served as chairman of the Subcommittee on
Communications and Technology. In the 115th Congress, Mr. Wal-
den was elected and served as the Chairman of the full Committee
on Energy and Commerce. In October of 2019, Mr. Walden an-
nounced his plan to retire at the end of the 116th Congress. At that
time, Chairman Pallone noted that the Committee on Energy and
Commerce had ‘‘a proud tradition of bipartisanship, and during
both his time as Chairman and Ranking Member, Greg has lived
up to that tradition.’’ He concluded that Mr. Walden’s ‘‘voice, ideas
and leadership will be missed in the House.’’
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HISTORICAL NOTES
JOHN D. DINGELL, JR. (1926–2019)
Shortly after the first session of the 116th Congress began, and
a new chairman was elected to lead the Committee on Energy and
Commerce, the committee lost a former member and chairman, the
late Honorable John D. Dingell of Michigan. Mr. Dingell died on
February 7, 2019, at the age of 92 at his home in Dearborn, Michi-
gan. Mr. Dingell, who retired from the House at the end of the
113th Congress, was the longest-ever serving member of Congress
in American history, representing Michigan for more than 59 years.
A year following Mr. Dingell’s first election to the House, he was
appointed a member of this Committee in 1957, at that time named
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the Committee on Interstate and Foreign Commerce. More than
two decades later, he was elected Chairman of the Committee on
Insert offset folio 21 here HR713.001
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Energy and Commerce. Mr. Dingell’s chairmanship encompassed
the years of 1981 to 1995 and again from 2007 to 2009. In 2010,
Mr. Dingell was named Chairman Emeritus of the Committee, a
title he held until his retirement in 2015.
Also, in 1995 of the 104th Congress, Mr. Dingell became the
longest continuously serving member of the House of Representa-
tives, making him the Dean of the House of Representatives. As
Dean of the House, Mr. Dingell gave the oath of office to the
Speaker-elect in each new Congress. His tenure as Dean was also
the longest of any other in history. During the 20 years he held
that title, Mr. Dingell swore in 10 Speakers of the House of Rep-
resentatives.
In 2013, the main hearing room of the Committee on Energy and
Commerce, room 2123 of the Rayburn House Office Building, was
named the John D. Dingell Room in honor of the former Chairman.
225TH ANNIVERSARY OF THE COMMITTEE
On December 14, 2020, the Committee on Energy and Commerce
marked its 225th anniversary as the oldest continuous standing
committee in the House of Representatives, originally named the
Committee on Commerce and Manufactures in 1795.
More than two centuries ago, the Fourth Congress determined to
establish several permanent legislative panels, or standing commit-
tees. The first of these standing committees to be established was
the Committee on Commerce and Manufacturers. It was believed
that such a permanent committee would better address the mul-
titude of petitions and memorials being presented to the new Fed-
eral legislature. Prior to using standing committees, the first con-
gresses created special or select committees that would disband
once their immediate assignments were completed. By 1795, Con-
gress recognized its repeated reliance on a smaller number of rep-
resentatives to finalize legislative language and produce a bill that
the Congress had considered and would subsequently pass. Con-
gressional founding fathers envisioned that the establishment of a
standing committee, one that endured through each passing con-
gress, would promote a more efficient way to address and dispose
of the congressional workload, especially related to the Commerce
Clause of the Constitution. It was further expected that having a
committee with a more stable membership of representatives
would, over time, not only allow those members to gain experience
with and knowledge about matters under the Committee’s jurisdic-
tion, but also carry out their work more efficiently and effectively
to present a legislative measure to the entire Congress. Over the
centuries, the system of standing committees has remained a key
function of House of Representatives in lawmaking and govern-
ment oversight and has proven to be the workhorse of the Con-
gress.
THE COMMITTEE AND THE COVID–19 PANDEMIC OF 2020
Shortly after the start of the second session of the 116th Con-
gress, the first case of the coronavirus disease of 2019 (COVID–19)
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in the United States was reported by the Centers for Disease Con-
trol and Prevention (CDC) on January 21, 2020. Ten days later on
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23
January 31, the Secretary of the Department of Health and Human
Services (HHS) declared the disease a public health emergency.
The first death in the United States of an individual known to have
COVID–19 occurred on February 6. The World Health Organiza-
tion declared the disease a pandemic on March 11, and on March
13, President Trump declared a national emergency.
As a result of the spreading national COVID–19 pandemic, the
Committee on Energy and Commerce staff was instructed to begin
the unprecedented actions of working remotely from their homes
beginning on March 16, 2020, which continued through the end of
the 116th Congress. The Capitol complex and the House office
buildings were closed to the public. No hearings or markups were
held from that point on until late May.
At the direction of Chairman Pallone, the committee staff began
work to determine the best tools available to enable its members
to safely convene and work together on the important issues under
the Committee’s jurisdiction, especially in the area of public health.
With the goal of safeguarding the health and wellbeing of the
American people, Chairman Pallone further directed committee
staff to prepare a series of fact sheets for the Committee’s website
as well as for use as a shared resource not only by Members of
Congress but also for the public at large. These COVID–19 fact
sheets (https://energycommerce.house.gov/covid-19-responses) were
prepared on a range of topics related to the pandemic, including in-
formation on what a national emergency declaration means; the
availability of testing by State; shortages of personal protective
equipment and medical supplies; vaccine development and how will
it be distributed; and a number of links to government websites
where individuals can file claims or receive further information.
The fact sheets also included information about the Committee’s
ongoing activity to oversee and question the White House
Coronavirus Task Force and other Federal agencies regarding what
was being done to develop a national COVID–19 strategy and its
deployment.
During the spring of 2020, the House leadership worked on revis-
ing the House rules to allow remote work on the House floor and
in committees during the pandemic. At the same time, this Com-
mittee focused on how it would work during the pandemic, starting
with its majority and minority caucuses holding discussions that
contributed to determining the priority issues relating to the pan-
demic. The Committee Chairman and Ranking Minority Member
then began holding bipartisan forums through teleconferencing to
share information on the COVID–19 pandemic. These forums usu-
ally included an individual or government official with expertise on
the pandemic. This type of forum was later held on other issues
within the Committee’s jurisdiction.
Meanwhile, the committee staff researched and obtained the
technology needed to conduct remote meetings, hearings, and
markups with video conferencing software. The committee mem-
bers and staff received practice sessions on using this equipment
in preparation for the transition to virtually conducting committee
business.
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There was one subcommittee hearing held in May 2020, prior to
adoption of House rules for remote House activities. That hearing,
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24
although held in-person, utilized social distancing as determined by
the Architect of the Capitol and followed the guidelines of the CDC
and the Attending Physician of the Capitol to ensure participant
safety and avoid transmission of the novel virus.
By June of 2020, the House of Representatives approved changes
to the House rules enabling committees to conduct fully remote vir-
tual hearings and markups. Committees also had the option of
holding a hybrid hearing, which allowed committee members to
choose whether to attend remotely or in-person. The Committee
continued to enforce the CDC and Attending Physician of the Cap-
itol guidelines for this type of hearing. Hybrid hearings were nec-
essary as the Trump Administration only permitted its department
officials to testify in person. Except for those instances, Chairman
Pallone, as a matter of public health, only allowed virtual hearings
and markups to be held for the remainder of the 116th Congress.
From the point of the adoption of the House remote work rules, the
Committee on Energy and Commerce held 17 virtual hearings and
two hybrid hearings during the second session. The Committee also
held two virtual full Committee markup sessions that favorably ap-
proved a total of 68 measures to the House. Finally, for the first
time, the Committee on Energy and Commerce filed House reports
electronically with the Clerk of the House on a total of 51 bills and
resolutions approved for House consideration.
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LEGISLATIVE AND OVERSIGHT ACTIVITY OF THE COMMITTEE
STATISTICAL SUMMARY OF COMMITTEE ACTIVITIES
Total Bills and Resolutions Referred to Committee .............................................2,222*
Public Laws .............................................................................................................. 26
Bills and Resolutions Reported to the House ........................................................ 95
Hearings Held:
Days of Hearings .............................................................................................. 129
Full Committee .......................................................................................... 4
Subcommittee on Consumer Protection and Commerce ........................ 19
Subcommittee on Communications and Technology .............................. 17
Subcommittee on Energy .......................................................................... 17
Subcommittee on Environment and Climate Change ............................ 25
Subcommittee on Health .......................................................................... 30
Subcommittee on Oversight and Investigations ..................................... 21
Hours of Sitting ................................................................................................361:13
Full Committee .......................................................................................... 18:58
Subcommittee on Consumer Protection and Commerce ........................ 49:12
Subcommittee on Communications and Technology .............................. 46:12
Subcommittee on Energy .......................................................................... 23:27
Subcommittee on Environment and Climate Change ............................ 65:19
Subcommittee on Health ..........................................................................106:15
Subcommittee on Oversight and Investigations ..................................... 54:45
Legislative Markups:
Days of Markups .............................................................................................. 23
Full Committee .......................................................................................... 8
Subcommittee on Consumer Protection and Commerce ........................ 2
Subcommittee on Communications and Technology .............................. 4
Subcommittee on Energy .......................................................................... 3
Subcommittee on Environment and Climate Change ............................ 2
Subcommittee on Health .......................................................................... 4
Hours of Sitting ................................................................................................ 83:47
Full Committee .......................................................................................... 59:45
Subcommittee on Consumer Protection and Commerce ........................ 01:25
Subcommittee on Communications and Technology .............................. 07:04
Subcommittee on Energy .......................................................................... 04:02
Subcommittee on Environment and Climate Change ............................ 04:16
Subcommittee on Health .......................................................................... 07:15
Business Meetings:
Days of Meetings .............................................................................................. 1
Full Committee .......................................................................................... 1
Subcommittee on Oversight and Investigations ..................................... 0
Hours of Sitting ................................................................................................ 00:28
Full Committee .......................................................................................... 00:28
Subcommittee on Oversight and Investigations ..................................... 0
* As of December 28, 2020. (H.R. 9056)
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LEGISLATIVE AND OVERSIGHT ACTIVITY OF THE
COMMITTEE
SUMMARY
The full Committee and its six subcommittees were extremely ac-
tive during the 116th Congress and had a significant record of
achievement. Of the 2,222 bills referred to the Committee, at least
27 measures became law, and many additional legislative measures
were pending action by the President as a result of the Commit-
tee’s work when this report was filed. The full Committee and its
subcommittees held a combined total of 129 hearings and 23 mark-
ups.
As the Nation confronted the unprecedented public health crisis
of the coronavirus disease of 2019 (COVID–19) pandemic and the
resulting severe economic downturn, the Committee worked expedi-
tiously on the following measures that were enacted into law:
• The Families First Coronavirus Response Act included pro-
visions that guaranteed all Americans have access to
coronavirus testing free of charge and expanded Federal fund-
ing for State and territorial Medicaid programs;
• The Coronavirus Aid, Relief, and Economic Security
(CARES) Act provided assistance to the American people,
health care workers, hospitals, small businesses, and State,
local, Tribal and territorial governments, as well as funding for
research and development of vaccines and therapeutics; and
• The Paycheck Protection Program and Health Care En-
hancement Act included funding for testing and contact trac-
ing, as well as funding to reimburse hospitals and health care
providers for COVID–19 expenses and losses.
Other key accomplishments included crafting legislation through
the Committee that was enacted into law, including legislation that
will:
• End surprise medical bills by holding patients harmless
when they receive a surprise bill from an out-of-network health
care provider.
• Phase down the production and consumption of
hydrofluorocarbons, a greenhouse gas, in order to avoid up to
0.5 degree Celsius of warming.
• Update the Federal pipeline safety program to better pro-
tect our communities and help combat climate change by man-
dating the repair of methane leaks.
• Provide long-term extensions of expiring public health pro-
grams, including Community Health Centers, the National
Health Service Corps, Teaching Health Centers, and Special
Diabetes Programs.
• Stop the onslaught of annoying robocalls by requiring car-
riers to offer call-authentication technology to consumers at no
additional charge to enable consumers to block calls they don’t
want.
• Protect consumers from scammers who are exploiting the
COVID–19 pandemic to commit fraud.
• Improve America’s broadband maps to promote the deploy-
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ment of high-speed service to Americans living in unserved and
underserved areas.
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• Secure America’s wireless future to better serve all Ameri-
cans and guarantee our networks are secure from foreign ad-
versaries that may wish to do us harm.
• Protect consumers from dangerous products and ensure
the Consumer Product Safety Commission acts quickly to en-
force the law and educate consumers about common household
dangers.
• Further the march toward our clean energy future by help-
ing Federal, State, and local officials use renewable power,
make facilities more energy efficient and acquire zero emis-
sions vehicles and the infrastructure to fuel them.
The Committee also crafted legislation through the Committee
that will:
• Enhance the Affordable Care Act to make health care
more affordable and accessible, and protect people with pre-ex-
isting conditions.
• Make prescription drugs more affordable by empowering
the Federal Government to negotiate the price of prescription
drugs and capping out-of-pocket costs for seniors.
• Rebuild America through a comprehensive infrastructure
package that combats climate change, expands broadband ac-
cess, and protects public health and the environment.
• Restore a free and open internet to spark innovation and
protect small businesses by reversing the Federal Communica-
tions Commission’s repeal of net neutrality protections.
• Protect consumers and workers by banning the manufac-
ture, import, processing, and distribution of asbestos, which
kills nearly 40,000 Americans every year.
• Enhance the security of our electric grid and other energy
infrastructure by protecting them against cyberattacks.
• Stop the youth tobacco epidemic by raising the minimum
purchase age, prohibiting flavors in tobacco products, and pro-
tecting kids from predatory marketing.
• Protect consumers from PFAS contamination and exposure
through a protective drinking water standard, ensuring con-
taminated sites are cleaned up, and establishing a new grant
program to filter the chemicals out of Americans’ drinking
water.
In January 2020, after holding 15 hearings addressing the cli-
mate crisis, the Committee released the draft Climate Leadership
and Environmental Action for our Nation’s (CLEAN) Future Act—
a comprehensive proposal of sector-specific and economy-wide solu-
tions to address the climate crisis by achieving net-zero greenhouse
gas pollution.
The Committee’s oversight and investigative efforts were as ro-
bust as its legislative efforts, including:
• Scrutinizing the Administration’s failures in its response
to the COVID–19 pandemic.
• Examining how vaccine manufacturers are spending bil-
lions in Federal dollars and partnering with the Federal Gov-
ernment for COVID–19 vaccine development, manufacturing,
and equitable distribution.
• Overseeing Federal agencies’ efforts to turn the tide
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against the opioid epidemic.
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• Demanding answers from manufacturers and pharmacy
middlemen on the skyrocketing price of insulin.
• Examining the role of the Department of Health and
Human Services in carrying out the Administration’s inhu-
mane family separation policy.
• Investigating the rise of youth vaping in America, the Food
and Drug Administration’s response, and e-cigarette manufac-
turers’ impact on public health.
• Questioning the Environmental Protection Agency’s (EPA)
lack of enforcement of environmental violations and its trou-
bling reliance on industry self-reporting, particularly during
COVID–19.
• Scrutinizing EPA’s efforts to rollback pollution protections
and dismiss independent science by removing independent sci-
entific experts and undermining protections against mercury
air toxics and automobile emissions;
• Examining the Department of Energy’s (DOE) nuclear
waste cleanup efforts and skyrocketing environmental liabil-
ities.
• Investigating Short-Term Insurance Plans that put con-
sumers’ health at risk.
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Full Committee on Energy and Commerce
Legislative Activities
LEADING INFRASTRUCTURE FOR TOMORROW’S AMERICA ACT OR LIFT
AMERICA ACT
H.R. 2741
To rebuild and modernize the Nation’s infrastructure to expand
access to broadband and Next Generation 9–1–1, rehabilitate
drinking water infrastructure, modernize the electric grid and en-
ergy supply infrastructure, redevelop brownfields, strengthen
health care infrastructure, create jobs, and protect public health
and the environment, and for other purposes.
Summary
The ‘‘Leading Infrastructure For Tomorrow’s America Act’’, or
LIFT America Act, sets out five years of funding for essential infra-
structure improvements, job growth, and greater protections for
public health and the environment. The LIFT America Act includes
investments in several key areas including: $40 billion for the de-
ployment of secure and resilient broadband to expand access for
communities nationwide while promoting security by design; $22.56
billion for drinking water infrastructure to protect public health
and create jobs, including increased investment in drinking water
State Revolving Funds and additional funding to replace lead serv-
ice lines, address lead in school drinking water, and prepare for the
effects of climate change; more than $17 billion for energy infra-
structure, including $4 billion for modern, secure, efficient, and re-
silient electric grid infrastructure, $9 billion for resilient and re-
newable energy supply, including methane pipeline replacement,
and more than $4 billion for energy efficiency efforts and smart
communities; more than $3 billion for healthcare infrastructure, to
revive the successful Hill-Burton hospital infrastructure program,
fund medical facilities in Indian Country, support State labs on the
frontlines of fighting Zika and other infectious diseases, and ex-
pand community based health care facilities; and $2.7 billion for
Brownfields redevelopment to revitalize communities and create
jobs by returning valuable land to productive use.
The LIFT America Act will invest in programs with proven
records of job creation, including the drinking water State Revolv-
ing Fund and the Brownfields Redevelopment program. The legis-
lation requires the use of American made iron and steel for drink-
ing water projects and hospital construction and requires the pay-
ment of prevailing wages. The bill will also spur new high-paying
technology jobs by supporting deployment of smart buildings, smart
grid, and Smart Communities technology.
The LIFT America Act also provides much-needed funding to re-
pair and replace aging infrastructure that will have significant
public health benefits, especially for children. The bill includes
funding to get lead out of school drinking water, replace poly-
chlorinated biphenyl (PCB)-laden lighting fixtures with safer and
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more energy efficient alternatives in schools, and reduce diesel
emissions from school buses.
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Legislative History
On May 15, 2019, H.R. 2741 was introduced by Representative
Pallone (NJ–06) and referred to the Committee on Energy and
Commerce, and in addition to the Committees on Natural Re-
sources, Science, Space, and Technology, Ways and Means, Trans-
portation and Infrastructure, and Education and Labor.
On May 22, 2019, the Committee on Energy and Commerce held
a legislative hearing on H.R. 2741. The witnesses included Mignon
L. Clyburn, Principal, MLC Strategies, LLC; John Auerbach, MBA,
President and CEO, Trust for America’s Health; Jessica Eckdish,
Legislative Director, BlueGreen Alliance; the Honorable Brian
Wahler, Mayor, Piscataway Township New Jersey, on behalf of the
U.S. Conference of Mayors; Daniel Lyons, Visiting Fellow, Amer-
ican Enterprise Institute (AEI); and Christopher Guith, Acting
President, Global Energy Institute, U.S. Chamber of Commerce.
No further action was taken on H.R. 2741 in the 116th Congress.
OVERSIGHT ACTIVITIES
OVERSIGHT OF THE TRUMP ADMINISTRATION’S RESPONSE TO THE
COVID–19 PANDEMIC
On June 23, 2020, the Committee on Energy and Commerce held
a hearing entitled ‘‘Oversight of the Trump Administration’s Re-
sponse to the COVID–19 Pandemic.’’ The purpose of the hearing
was to review the Trump Administration’s response to the COVID–
19 pandemic to better understand what efforts are working, what
still needs to be improved, and what more can Congress do to help.
The witnesses included Anthony Fauci, M.D., Director, National In-
stitute for Allergy and Infectious Diseases, National Institutes of
Health; Adm. Brett P. Giroir, M.D., Assistant Secretary for Health,
U.S. Department of Health and Human Services; Stephen M.
Hahn, M.D., Commissioner, U.S. Food and Drug Administration;
and Robert R. Redfield, M.D., Director, Centers for Disease Control
and Prevention.
ADDRESSING THE URGENT NEEDS OF OUR TRIBAL COMMUNITIES
On July 8, 2020, the Committee on Energy and Commerce held
a hearing entitled ‘‘Addressing the Urgent Needs of Our Tribal
Communities.’’ The purpose of the hearing was to examine the
growing health, environmental, and accessibility needs of tribal
communities across the country. The witnesses included Charles
Grim, D.D.S., M.H.S.A., Secretary, Chickasaw Nation Department
of Health; Jonathan Nez, President, Navajo Nation; the Honorable
Christine Sage, Chairman, Southern Ute Indian Tribe; Fawn
Sharp, President, National Congress of American Indians; and
Pilar M. Thomas, Partner, Quarles & Brady LLP.
MEMBER DAY
On July 25, 2019, the Committee on Energy and Commerce held
a hearing entitled ‘‘Member Day.’’ The purpose of the hearing was
to offer the opportunity for all Members of the House of Represent-
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atives to highlight specific legislation or issues of importance to
them, their constituents, and districts.
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The witnesses appearing before the Committee on Member Day
included the following Members of the U.S. House of Representa-
tives: Anthony Brindisi (NY–22), Ed Case (HI–01), Elissa Slotkin
(MI–08), Bill Pascrell, Jr. (NJ–09), Sanford Bishop, Jr. (GA–02),
Mark Takano (CA–41), Ted Lieu (CA 33), Marcy Kaptur (OH 09),
Glenn Grothman (WI 6), Dean Phillips (MN–03), Mike Levin (CA–
49), Sean Casten (IL–06), Deb Haaland (NM–1), David Schweikert
(AZ–06), Donna Shalala (FL–27), Bonnie Watson Coleman (NJ–12),
Grace Meng (NY–06), Lucy McBath (GA–06), Gregorio Kilili
Camacho Sablan (MP–00), Grace Napolitano (CA–32), Andy Levin
(MI–09), Daniel Lipinski (IL–03), Lucille Roybal-Allard (CA–40),
Jaime Herrera Beutler (WA–03), David Trone (MD–06), Eric
Swalwell (CA–15), Jared Golden (ME–02), Rosa DeLauro (CT–03),
James P. McGovern (MA–02), Jenniffer González-Colón (PR–00),
Xochitl Torres Small (NM–2), Tom Malinowski (NJ–07), Derek Kil-
mer (WA–06), Abby Finkenauer (IA–01), Rob Wittman (VA–01),
Steve Cohen (TN–09), Troy Balderson (OH–12), Antonio Delgado
(NY–19), Vicente Gonzalez (TX–15), Susan Wild (PA–07), Bruce
Westerman (AR–04), Kevin Hern (OK–01), Fred Keller (PA–12),
Stacey Plaskett (VI–00), Christopher Smith (NJ–04), Eliot L. Engel
(NY–16), Gwen Moore (WI–04), Jimmy Gomez (CA–34), Jamie
Raskin (MD–08), Doug Collins (GA–09), Elijah E. Cummings (MD–
07) and C.A. Dutch Ruppersberger (MD–02). The Committee also
received testimony from the following Members of the House of
Representatives on behalf of the House Congressional Auto Caucus:
Mike Kelly (PA–16) and Marcy Kaptur (OH–09).
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SUBCOMMITTEE ON CONSUMER PROTECTION AND COMMERCE
LEGISLATIVE ACTIVITIES
Further Consolidated Appropriations Act, 2020
PUBLIC LAW 116–94 (H.R. 1865, H.R. 3851)
Making further consolidated appropriations for the fiscal year
ending September 30, 2020, and for other purposes.
Summary
Division 1, title VIII of this legislation incorporated the Brand
USA Extension Act. This legislation extends funding for Brand
USA through fiscal year 2027 and increases the fee on foreign visi-
tors used to partially fund the program. In addition, it reduces the
percentage of in-kind contributions from the private sector that can
count towards public matching funds; clarifies the qualifications for
the members on the board of directors for Brand USA; clarifies ad-
ditional methods by which Brand USA may carry out its duties;
and adds additional transparency and accountability measures.
Legislative History
On July 18, 2019, H.R. 3851, the Brand USA Extension Act, was
introduced by Representative Welch (VT–00) and referred to the
Committee on Energy and Commerce, and in addition to the Com-
mittee on Homeland Security. The bill was subsequently referred
to the Subcommittee on Consumer Protection and Commerce on
July 22, 2019.
On October 29, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on two bills, including
H.R. 3851. The witnesses included Christopher L. Thompson, Presi-
dent and CEO, Brand USA; Tori Barnes, Executive Vice President,
U.S. Travel Association; and Aaron J. Burstein, Partner, Wilkinson
Barker Knauer LLP.
On November 14, 2019, the Subcommittee met in open markup
session to consider H.R. 3851 and forwarded the bill to the Com-
mittee on Energy and Commerce, amended, by a voice vote.
On November 19, 2019, the Committee met in open markup ses-
sion to consider H.R. 3851, as amended by the Subcommittee, and
ordered the bill favorably reported to the House, as amended, by
a voice vote.
On January 13, 2020, the Committee on Energy and Commerce
reported H.R. 3851, as amended, to the House (H. Rept. 116–376)
and the bill was placed on the Union Calendar (Calendar No. 299).
No further action was taken on H.R. 3851 in the 116th Congress.
For further action on the legislation, see the following actions
taken on H.R. 1865, for which provisions of H.R. 3851 were incor-
porated.
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On March 25, 2019, H.R. 1865, the National Law Enforcement
Museum Commemorative Coin Act, was introduced by Representa-
tive Bill Pascrell, Jr. and referred to the Committee on Financial
Services.
On October 28, 2019, H.R. 1865 was considered in the House
under a motion to suspend the Rules, and the bill, without amend-
ment, was passed by a voice vote.
On October 29, 2019, H.R. 1865 was received in the Senate and
read twice.
On November 12, 2019, H.R. 1865 was considered in the Senate,
and the bill, as amended, was passed by unanimous consent.
On December 17, 2019, H.R. 1865, now amended to be the Fur-
ther Consolidated Appropriations Act of 2020, was considered in
the House pursuant to the provisions of H. Res. 765, and the bill,
with a House amendment to the Senate amendment thereto, was
passed by a recorded vote of 297 yeas and 120 nays (Roll Call No.
689).
On December 17 and 19, 2019, H.R. 1865 was received and con-
sidered in the Senate, and the bill, without further amendment,
was passed by a recorded vote of 71 yeas and 23 nays (Roll Call
No. 415).
On December 20, 2019, H.R. 1865 was signed into law by the
President (Public Law 116–94).
TO EXTEND THE UNDERTAKING SPAM, SPYWARE, AND FRAUD EN-
FORCEMENT WITH ENFORCERS BEYOND BORDERS ACT OF 2006,
AND FOR OTHER PURPOSES
PUBLIC LAW 116–173 (H.R. 4779)
To extend the Undertaking Spam, Spyware, And Fraud Enforce-
ment With Enforcers beyond Borders Act of 2006 (U.S. SAFE WEB
Act), and for other purposes.
Summary
The bill reauthorizes the U.S. SAFE WEB Act through fiscal year
2027. It would also require the Federal Trade Commission to issue
a report to Congress describing the Commission’s use of and experi-
ence with the authority granted by the U.S. SAFE WEB Act.
Legislative History
On October 22, 2019, H.R. 4779 was introduced by Representa-
tive Rodgers (WA–05), and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the Sub-
committee on Consumer Protection and Commerce on October 23,
2019.
On October 24, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on two bills, including
H.R. 4779. The witnesses included Christopher L. Thompson, Presi-
dent and CEO, Brand USA; Tori Barnes, Executive Vice President,
U.S. Travel Association; and Aaron J. Burstein, Partner, Wilkinson
Barker Knauer LLP.
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On November 14, 2019, the Subcommittee met in open markup
session to consider H.R. 4779, and forwarded the bill to the Com-
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35
mittee on Energy and Commerce, without amendment, by a voice
vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 4779 and ordered the
bill reported favorably to the House, without amendment, by a
voice vote.
On December 16, 2019, the Committee on Energy and Commerce
reported H.R. 4779, without amendment, to the House (H. Rept.
116–351) and the bill was placed on the Union Calendar (Calendar
No. 280). That same day, H.R. 4779 was considered in the House
under a motion to suspend the Rules and the bill, as amended, was
passed by a voice vote.
On December 17, 2019, the Senate received H.R. 4779, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation. On September 24, 2020, the
Senate Committee on Commerce, Science, and Transportation was
discharged from consideration of the bill by unanimous consent.
That same day, H.R. 4779 was considered in the Senate and
passed, without amendment, by a voice vote.
On October 20, 2020, H.R. 4779 was signed into law by the Presi-
dent (Public Law 116–173).
THE CONSOLIDATED APPROPRIATIONS ACT, 2021
PUBLIC LAW 116–__
(H.R. 133, H.R. 806, H.R. 1754, H.R. 9038, H.R. 8132, H.R. 8134, H.R. 2647)
Making consolidated appropriations for the fiscal year ending
September 30, 2021, providing coronavirus emergency response and
relief, and for other purposes.
Summary
Section 901 of H.R. 133 incorporates H.R. 806, the Portable Fuel
Container Safety Act. The legislation requires the CPSC to promul-
gate a final rule to require flame mitigation devices in portable fuel
containers that impede the propagation of flame into the container.
It also directs the CPSC to conduct an education campaign to alert
consumers to the dangers of using or storing portable fuel con-
tainers near ignition sources and amends the Children’s Gasoline
Burn Prevention Act to expand existing child-resistance require-
ments for closures for portable gasoline containers to include port-
able kerosene and diesel fuel containers and component parts.
Section 1201 of H.R. 133 incorporates H.R. 1754, the Horseracing
Integrity and Safety Act. This legislation establishes minimum
standards for an anti-doping and medication control program, rac-
ing surfaces, pre-race inspections, equine medical directors, work-
out requirements and safety stewards. Further, it provides federal
recognition and enforcement power to the Horseracing Integrity
and Safety Authority for purposes of developing and implementing
both a horse racing anti-doping and medication control program
and a racetrack safety program.
Section 1401 of H.R. 133 incorporates H.R. 9038, the COVID–19
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Consumer Protection Act. The legislation grants authority to the
Federal Trade Commission (FTC) to seek civil penalties for unfair
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and deceptive practices associated with the treatment, cure, pre-
vention, mitigation, or diagnosis of COVID–19 or a government
benefit related to COVID–19.
Section 1501 of H.R. 133 incorporates H.R. 8132, the American
Competitiveness Of a More Productive Emerging Tech Economy
(American COMPETE) Act. This legislation directs the Department
of Commerce and the FTC to conduct studies and submit reports
on technologies including artificial intelligence, the Internet of
Things, quantum computing, blockchain, advanced materials, un-
manned delivery services, and 3–D printing. The studies include
requirements to survey each industry and report recommendations
to help grow the economy and safely implement the technology.
Section 2001 of H.R. 133 incorporates H.R. 8134, the Consumer
Product Safety Inspection Enhancement Act. This legislation di-
rects the Consumer Product Safety Commission (CPSC) to increase
the number of inspectors at ports of entry for the duration of the
COVID–19 pandemic. It also directs the CPSC to hire at least 16
additional full-time equivalent personnel stationed at or supporting
efforts at ports of entry, including ports of entry for de minimis
shipments, and to add additional staffing every year until staffing
needs are met. This section also directs the CPSC to study and re-
port to Congress regarding the effects of the COVID–19 pandemic
on port inspections and the prevalence of and efforts to target vio-
lative consumer products entering the United States as de minimis
shipments and from certain high-risk countries.
Section 2101 of H.R. 133 incorporates H.R. 2647, the Safer Occu-
pancy Furniture Flammability Act (SOFFA). This legislation
adopts the California upholstered furniture flammability standard
as the federal standard for upholstered furniture. The new stand-
ard will protect consumers from the risk of upholstered furniture
fires and reduce unnecessary consumer exposure to flame-retardant
chemicals, which have been associated with adverse health effects.
Legislative History
On January 3, 2019, H.R. 133 was introduced by Representative
Cuellar (TX–28), and referred to the Committee on Foreign Affairs.
On January 10, 2019, the House considered H.R. 133 under a mo-
tion to suspend the Rules and passed H.R. 133 by a voice vote. On
January 15, 2020, the Senate passed H.R. 133, amended, by unani-
mous consent.
On December 21, 2020, the House passed an amendment to the
Senate amendment to H.R. 133 with a portion of amendment com-
prising divisions B, C, E, and F by a recorded vote of 327 yeas and
85 nays (Roll no. 250) and an amendment to the Senate amend-
ment to H.R. 133 (except divisions B, C, E, and F) by a recorded
vote of 359 yeas and 53 nays (Roll no. 251). That same day, the
House passed the Senate amendment to H.R. 133, amended, by
unanimous consent.
On December 21, 2020, the Senate passed the House amendment
to the Senate amendment to H.R. 133 by a recorded vote of 92 yeas
to 6 nays (Recorded Vote Number: 289). On December 24, 2020,
H.R. 133 was presented to the President. On December 27, 2020,
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the President signed H.R. 133 into law. The Public Law number
had not been assigned when this report was filed.
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H.R. 133 includes provisions from the following bills: H.R. 806,
the Portable Fuel Container Safety Act, introduced by Representa-
tive Thompson (CA–05); H.R. 1754, the Horseracing Integrity and
Safety Act of 2020, introduced by Representative Tonko (NY–20);
H.R. 9038, To prohibit deceptive acts or practices in connection
with public health emergencies resulting from COVID–19, intro-
duced by Representative Schakowsky (IL–09); H.R. 8132, the
American COMPETE Act, introduced by Representative Rodgers;
H.R. 8134, the Consumer Product Safety Inspection Enhancement
Act, introduced by Representative Schakowsky; and H.R. 2647, the
Safer Occupancy Furniture Flammability Act, introduced by Rep-
resentative Matsui (CA–06).
MOVING FORWARD ACT
H.R. 2 (H.R. 6284, H.R. 6256, H.R. 4354, H.R. 4708)
To authorize funds for Federal-aid highways, highway safety pro-
grams, and transit programs, and for other purposes.
Summary
Section 32003 of H.R. 2 incorporates H.R. 6284, the ‘‘21st Cen-
tury Smart Cars Act’’. This legislation requires the National High-
way Traffic Safety Administration (NHTSA) to require all new pas-
senger motor vehicles to be equipped with advanced driver assist-
ance systems and establish minimum performance standards these
systems. The Administrator is also directed to update safety stand-
ards applicable to headlamps and issue a final rule to require clear
and concise information about the capabilities and limitations of
vehicles with advanced driver assistance systems.
Section 32004 of H.R. 2 incorporates H.R. 6256, the ‘‘Five-Stars
for Safe Cars Act’’, which directs NHTSA to update the New Car
Assessment Program to account for advances in advanced driver
assistance systems, crashworthiness protections, and other auto-
mobile safety features.
Section 32005 of H.R. 2 incorporates H.R. 4354, the ‘‘Honoring
Abbas Family Legacy to Terminate Drunk Driving Act’’, which
mandates that NHTSA require all new passenger motor vehicles to
be equipped with passive alcohol detection systems and establish
minimum standards for those systems.
Section 32006 of H.R. 2 incorporates H.R. 4708, the ‘‘Safety, Ac-
countability, and Federal Enforcement of Limos Act’’, which re-
quires that new limousines have seatbelts for every seating posi-
tion, meet safety requirements for seat strength and integrity, and
be equipped with evaluation exits. Further, limousine remodelers
converting used vehicles into limousines are required to adhere to
Federal safety standards and develop safety plans. The legislation
also requires limousine operators to disclose the date of an inspec-
tion, the results of an inspection, and any corrective actions taken
to pass inspection and directs NHTSA to research side impact pro-
tection, roof crush resistance, and air bag systems for limousines.
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Legislative History
On June 11, 2020, H.R. 2 was introduced by Representative
DeFazio (OR–04) and referred to the Committee on Transportation
and Infrastructure.
On July 1, 2020, H.R. 2 was considered in the House pursuant
to the provisions of H. Res. 1028 and the bill, as amended, was
passed by a recorded vote of 233 yeas to 188 nays (Roll Call No.
138).
On July 20, 2020, H.R. 2 was received in the Senate.
No further action was taken on H.R. 2 in the 116th Congress.
On March 13, 2020, H.R. 6284, the ‘‘21st Century Smart Cars
Act’’, was introduced by Representative Schakowsky and referred to
the Committee on Energy and Commerce. The bill was subse-
quently referred to the Subcommittee on Consumer Protection and
Commerce on March 16, 2020.
On March 12, 2020, H.R. 6256, the ‘‘Five-Stars for Safe Cars
Act’’, was introduced by Representative Pallone and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and Com-
merce on March 13, 2020.
On September 17, 2019, H.R. 4354, the ‘‘Abbas Family Legacy to
Terminate Drunk Driving Act’’, was introduced by Representative
Dingell (MI–12) and referred to the Committee on Energy and
Commerce, and in addition to the Committee on Oversight and Re-
form. The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on September 18, 2019.
On October 16, 2019, H.R. 4708, the SAFE Limo Act, was intro-
duced by Representative Tonko and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on October
17, 2019.
No further action was taken on H.R. 6284, H.R. 6256, H.R. 4354,
and H.R. 4354 in the 116th Congress. The provisions of these bills
were included in H.R. 2.
U.S. SENATOR JOSEPH D. TYDINGS MEMORIAL PREVENT ALL SORING
TACTICS ACT OF 2019
H.R. 693
To amend the Horse Protection Act to designate additional un-
lawful acts under the Act, strengthen penalties for violations of the
Act, improve Department of Agriculture enforcement of the Act,
and for other purposes.
Summary
This legislation establishes a new system for inspecting horses
for soring, which includes various actions taken on horses’ limbs to
produce higher gaits that may cause pain, distress, inflammation,
or lameness. The United States Department of Agriculture (USDA)
must license, train, assign, and oversee persons for hire by the
management of horse shows, exhibitions, sales, or auctions to de-
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tect and diagnose sore horses. A license may not be issued to a per-
son with conflicts of interest, and the USDA must give preference
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to veterinarians. The USDA may revoke a license for unsatisfactory
performance.
In addition, the bill increases penalties for violations. The USDA
is permitted to disqualify violators from activities related to horse
shows, exhibitions, sales, and auction and prevent a horse that is
sore from being shown or exhibited.
Legislative History
On January 22, 2019, H.R. 693 was introduced by Representative
Schrader (OR–05) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the Subcommittee
on Consumer Protection and Commerce on January 25, 2019.
On May 23, 2019, Representative Schrader filed a motion to
place the bill on Consensus Calendar. On July 19, 2019, H.R. 693
was placed the Consensus Calendar (Calendar No. 3).
On July 24, 2019, H.R. 693 was considered in the House under
a motion to suspend of the Rules and the bill, as amended, was
passed by a recorded vote of 333 yeas and 96 nays (Roll no. 510).
On July 29, 2019, H.R. 693 was received in the Senate, read
twice, and referred to the Committee on Commerce, Science, and
Transportation.
No further action was taken on H.R. 693 in the 116th Congress.
PORTABLE FUEL CONTAINER SAFETY ACT OF 2019
H.R. 806
To require compliant flame mitigation devices to be used on port-
able fuel containers for flammable liquid fuels, and for other pur-
poses.
Summary
This legislation directs the Consumer Product Safety Commission
(CPSC) to issue a mandatory standard that requires flame mitiga-
tion devices in portable fuel containers to prevent death or injuries
from flame-jetting. It further directs the CPSC to conduct an edu-
cation campaign to alert consumers to the dangers of using or stor-
ing portable fuel containers near ignition sources. The legislation
also amends the Children’s Gasoline Burn Prevention Act to ex-
pand existing child-resistance requirements for closures for port-
able gasoline containers to include portable kerosene and diesel
fuel containers and component parts.
Legislative History
On October 22, 2019, H.R. 806 was introduced by Representative
Thompson (CA–05) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the Subcommittee
on Consumer Protection and Commerce on January 29, 2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills, including
H.R. 806. The witnesses included Will Wallace, Manager, Home &
Products Policy, Consumer Reports; Crystal Ellis, Founding Mem-
ber, Parents Against Tip-Overs; Chris Parsons, President, Min-
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nesota Professional Fire Fighters; and Charles A. Samuels, Mem-
ber, Mintz.
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On July 10, 2019, the Subcommittee met in open markup session
to consider H.R. 806 and the bill was forwarded to the Committee
on Energy and Commerce, amended, by a voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 806, as amended by the
Subcommittee, and subsequently ordered H.R. 806 reported favor-
ably to the House, as amended, by a voice vote.
On September 13, 2019, the Committee on Energy and Com-
merce reported H.R. 806, as amended, to the House (H. Rept. 116–
207) and the bill was placed on the Union Calendar (Calendar No.
164).
On September 17, 2019, H.R. 806 was considered in the House
under a motion to suspend the Rules and the bill, as amended, was
passed by a voice vote.
On September 18, 2019, the bill was received in the Senate, read
twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 806 in the 116th Congress.
Provisions of this bill were incorporated into H.R. 133, which be-
came public law.
NICHOLAS AND ZACHARY BURT CARBON MONOXIDE POISONING
PREVENTION ACT OF 2019
H.R. 1618
To encourage states to require the installation of residential car-
bon monoxide detectors in homes, and for other purposes.
Summary
This legislation directs the CPSC to establish a grant program
for States to purchase and install carbon monoxide detectors in
dwelling units of low-income families or the elderly; facilities that
commonly serve children or the elderly, including childcare facili-
ties, public schools, and senior centers; or student dorms owned by
public universities, and to assist in enforcement and education ef-
forts related to carbon monoxide detectors.
Legislative History
On March 7, 2019, H.R. 1618 was introduced by Representative
Kuster (NH–02), and referred to the Committee on Energy and
Commerce, in addition to the Committee on House Administration.
The bill was subsequently referred to the Subcommittee on Con-
sumer Protection and Commerce on March 8, 2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills, including
on H.R. 1618. The witnesses included Will Wallace, Manager,
Home & Products Policy, Consumer Reports; Crystal Ellis, Found-
ing Member, Parents Against Tip-Overs; Chris Parsons, President,
Minnesota Professional Fire Fighters; and Charles A. Samuels,
Member, Mintz.
On July 10, 2019, the Subcommittee met in open markup ses-
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sion, to consider H.R. 1618 and forwarded the bill, amended, to the
Committee on Energy and Commerce by a voice vote.
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On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1618, as amended by the
Subcommittee, and ordered the bill reported favorably to the
House, as amended, by a voice vote.
On September 16, 2019, the Committee on Energy and Com-
merce reported H.R. 1618 to the House (H. Rept. 116–208). The
next day, H.R. 1618 was considered in the House under suspension
of the rules and passed, as amended, by a voice vote.
On September 18, 2019, the Senate received H.R. 1618, read the
bill twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 1618 in the 116th Congress.
HORSERACING INTEGRITY AND SAFETY ACT OF 2020
H.R. 1754
To improve the integrity and safety of horseracing by requiring
a uniform anti-doping and medication control program to be devel-
oped and enforced by an independent Horseracing Anti-Doping and
Medication Control Authority.
Summary
This bill would improve the integrity and safety of horseracing
by requiring uniform safety and performance standards, including
a horseracing anti-doping and medication control program and a
racetrack safety program, to be developed and enforced by an inde-
pendent Horseracing Integrity and Safety Authority.
Legislative History
On March 14, 2019, Representative Tonko introduced H.R. 1754,
and was referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on Consumer
Protection and Commerce on March 15, 2019.
On January 28, 2020, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on H.R. 1754. The wit-
nesses included the Honorable Andy Barr, Congressman, Ken-
tucky’s Sixth District; Dr. Kathleen M. Anderson, Equine Veteri-
narian; Joseph A. De Francis, Chairman, National Horseracing Ad-
visory Council of the Humane Society of the United States; Dennis
A. Drazin, Chairman and CEO, Darby Development, Operator of
Monmouth Park Racetrack; Marty Irby, Executive Director, Animal
Wellness Action; William M. Lear, Jr., Vice Chairman, The Jockey
Club; Edward J. Martin, President and CEO, Association of Racing
Commissioners International, Inc.; and Christopher J. McCarron,
Hall of Fame Jockey, Retired.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020 and ordered the bill reported
favorably to the House, amended by a recorded vote of 46 yeas to
5 nays.
On September 29, 2020, the Committee on Energy and Com-
merce reported H.R. 1754 to the House (H. Rept. 116–554). That
same day, H.R. 1754 was considered in the House under a motion
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to suspend the Rules and the bill passed, as amended, by a voice
vote.
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On September 30, 2020, the Senate received H.R. 1754.
No further action was taken on H.R. 1754 in the 116th Congress.
Provisions of this legislation were incorporated into H.R. 133,
which became public law.
STOP TIP-OVERS OF UNSTABLE, RISKY DRESSERS ON YOUTH ACT
H.R. 2211
To require the Consumer Product Safety Commission to promul-
gate a consumer product safety rule for free-standing clothing stor-
age units to protect children from tip-over related death or injury,
and for other purposes.
Summary
The bill would protect children from tip-over-related death or in-
jury by requiring the CPSC to promulgate a mandatory consumer
product safety standard for clothing storage units.
Legislative History
On April 10, 2019, H.R. 2211 was introduced by Representative
Schakowsky and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on April 11, 2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills, including
H.R. 2211. The witnesses included Will Wallace, Manager, Home &
Products Policy, Consumer Reports; Crystal Ellis, Founding Mem-
ber, Parents Against Tip-Overs; Chris Parsons, President, Min-
nesota Professional Fire Fighters; and Charles A. Samuels, Mem-
ber, Mintz.
On July 10, 2019, the Subcommittee on Consumer Protection and
Commerce met in open markup session to consider H.R. 2211 and
the forwarded the bill, amended, to the Committee on Energy and
Commerce by a voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2211, as amended, and or-
dered the bill reported favorably to the House, amended, by a voice
vote.
On September 16, 2019, the Committee on Energy and Com-
merce reported H.R. 2211 to the House, as amended (H. Rept. 116–
209). The next day, H.R. 2211 was considered in the House under
a motion to suspend the Rules and the bill passed, as amended, by
a voice vote.
On September 18, 2019, the Senate received H.R. 2211, read the
bill twice, and referred it to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 2211 in the 116th Congress.
FRAUD AND SCAM REDUCTION ACT
H.R. 2610 (H.R. 2301, H.R. 7699, H.R. 8127, AND H.R. 8152)
To establish an office within the Federal Trade Commission and
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an outside advisory group to prevent fraud targeting seniors and
to direct the Commission to study and submit a report to Congress
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on scams targeting seniors and Indian Tribes, and for other pur-
poses.
Summary
This legislation establishes a Senior Scams Prevention Advisory
Group at the Federal Trade Commission to collect and disseminate
model educational materials for retailers, financial institutions,
and wire-transfer companies to use in preventing scams that affect
seniors.
This legislation also directs the FTC to establish an office to ad-
vise the FTC on the prevention of fraud targeting seniors and to
help monitor marketing materials for fraud targeting seniors. Fur-
ther, the bill requires the FTC to submit a report to Congress on
scams targeting seniors, including policy. Finally, the legislation di-
rects the FTC to submit to Congress a report on unfair or deceptive
acts or practices targeted at Indian Tribes or members of Indian
Tribes and requires the FTC to conduct a study on facilitating and
refining existing efforts with State Attorneys General regarding en-
forcement of scams.
Legislative History
On May 9, 2019, H.R. 2610 was introduced by Representative
Blunt Rochester (DE–00) and was referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on May 10,
2019.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020 to consider the bill H.R.
2610 and ordered the bill reported favorably to the House, amend-
ed, by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 2610 to the House (H. Rept. 116–590). The next day,
H.R. 2610 was considered in the House under a motion to suspend
of the Rules and passed, as amended, by a voice vote.
On November 18, 2020, the Senate received H.R. 2610, read the
bill twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 2610 in the 116th Congress.
On April 12, 2019, H.R. 2301, the ‘‘Seniors Fraud Prevention Act
of 2019,’’ was introduced by Representative Deutch (FL–22) and re-
ferred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Consumer Protection
and Commerce on April 15, 2019.
On July 21, 2020, H.R. 7699, the ‘‘Protecting Seniors from Emer-
gency Scams Act,’’ was introduced by Representative Kelly (IL–02)
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Consumer Pro-
tection and Commerce on July 22, 2020.
On August 28, 2020, H.R. 8127, the ‘‘Protecting Indian Tribes
from Scams Act,’’ was introduced by Representative Ben Ray Luján
(NM–03) and referred to the Committee on Energy and Commerce.
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The bill was subsequently referred to the Subcommittee on Con-
sumer Protection and Commerce on August 21, 2020.
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On September 1, 2020, H.R. 8152, the ‘‘FTC Collaboration Act of
2020,’’ was introduced by Representative Tom O’Halleran (AZ–01)
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to the Subcommittee on Consumer Pro-
tection and Commerce on September 2, 2020.
No further action was taken on H.R. 2301, H.R. 7699, H.R. 8127,
and H.R. 8152 in the 116th Congress.
The provisions of these bills were included in H.R. 2610.
SAFER OCCUPANCY FURNITURE FLAMMABILITY ACT
H.R. 2647
To adopt a certain California flammability standard as a Federal
flammability standard to protect against the risk of upholstered
furniture flammability, and for other purposes.
Summary
This legislation requires the adoption of the California uphol-
stered furniture flammability standard known as Technical Bul-
letin 117–2013 as a national flammability standard for upholstered
furniture. Technical Bulletin 117–2013 is an updated standard that
protects consumers against the risk of upholstered furniture fires
while omitting previous performance requirements that were typi-
cally satisfied through the addition of flame-retardant chemicals,
which have been associated with adverse health effects.
Legislative History
On May 9, 2019, H.R. 2647 was introduced by Representative
Matsui (CA–06), and referred to the Committee on Energy and
Commerce. The bill was referred to the Subcommittee on Consumer
Protection and Commerce on May 10, 2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on seven bills, including
H.R. 2647. The witnesses included Will Wallace, Manager, Home &
Products Policy, Consumer Reports; Crystal Ellis, Founding Mem-
ber, Parents Against Tip-Overs; Chris Parsons, President, Min-
nesota Professional Fire Fighters; and Charles A. Samuels, Mem-
ber, Mintz.
On July 10, 2019, the Subcommittee met in open markup session
to consider H.R. 2647 and forwarded the bill to the Committee on
Energy and Commerce, without amendment, by a voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2647 and ordered the bill
reported favorably to the House, without amendment, by a voice
vote.
On December 16, 2019, the Committee on Energy and Commerce
reported H.R. 2647 to the House, without amendment (H. Rept.
116–348). That same day, H.R. 2647 was considered in the House
under a motion to suspend the Rules and passed, as amended, by
a voice vote.
On December 17, 2019, the Senate received H.R. 2647.
No further action was taken on H.R. 2647 in the 116th Congress.
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Provisions of this bill were incorporated into H.R. 133, which be-
came public law.
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PROTECTING AMERICANS FROM THE RISKS OF KEYLESS IGNITION
TECHNOLOGY ACT
H.R. 3145
To require the Secretary of Transportation to finalize rules to
protect consumers from the risks of carbon monoxide poisoning and
rollaways from motor vehicles, and for other purposes.
Summary
This legislation would require the U.S. Department of Transpor-
tation (DOT) to issue a final rule within two years of enactment re-
quiring manufacturers to install technology in motor vehicles
equipped with keyless ignitions that automatically shuts off the ve-
hicle if the engine has idled for a period of time, consistent with
the goal of preventing carbon monoxide poisoning. The legislation
also directs the DOT to issue a final rule, within two years after
enactment, requiring manufacturers to install technology to pre-
vent movement of motor vehicles equipped with keyless ignitions
when certain conditions are met, including if the motor vehicle is
not in the park setting. Each rule would become effective on Sep-
tember 1 of the year that is one year after the date such rule is
issued.
Legislative History
On June 5, 2019, H.R. 3145 was introduced by Representative
Schakowsky and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on June 6, 2019. On October
24, 2019, the Subcommittee on Consumer Protection and Com-
merce held a legislative hearing on four bills, including H.R. 3145.
The witnesses included Cathy Chase, President, Advocates for
Highway and Auto Safety; Susan Livingston, Daughter of Dr.
James D. Livingston and Dr. Sherry H. Penney; and Benjamin R.
Nordstrom, M.D., Ph.D., Executive Director, Responsibility.org.
No further action was taken on H.R. 3145 in the 116th Congress.
FOCUSING ATTENTION ON SAFETY TRANSPARENCY AND EFFECTIVE
RECALLS ACT
H.R. 3169
To protect consumers by codifying a fast-track recall program to
remove potentially hazardous products from the marketplace as
quickly and efficiently as possible.
Summary
This legislation would amend the Consumer Product Safety Act
(CPSA) to establish a ‘‘fast-track’’ program for businesses to con-
duct recalls of potentially hazardous products via notification to
CPSC and publication of the recall on CPSC’s website. Companies
that recall products under this program would be required to pro-
vide, repair, or replace affected products or provide a refund up to
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the full amount of the purchase price and would not be obligated
to provide any additional public notification of the recall.
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Legislative History
On June 10, 2019, H.R. 3169 was introduced by Representative
Rodgers, and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Con-
sumer Protection and Commerce on June 12, 2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing, on seven bills, including
H.R. 3169. The witnesses included Will Wallace, Manager, Home &
Products Policy, Consumer Reports; Crystal Ellis, Founding Mem-
ber, Parents Against Tip-Overs; Chris Parsons, President, Min-
nesota Professional Fire Fighters; and Charles A. Samuels, Mem-
ber, Mintz.
No further action was taken on H.R. 3169 in the 116th Congress.
SAFE SLEEP FOR BABIES ACT OF 2019
H.R. 3172 (H.R. 3170)
To provide that inclined sleepers for infants and crib bumpers
shall be considered banned hazardous products under section 8 of
the Consumer Product Safety Act, and for other purposes.
Summary
This bill prohibits the manufacture for sale, offer for sale, dis-
tribution in commerce, or importation into the United States of any
inclined sleeper for infants. Inclined sleepers are defined as any
product with an inclined sleep surface greater than 10 degrees that
is intended, marketed, or designed to provide sleeping accommoda-
tions for an infant up to one year of age. In addition, the bill pro-
hibits the manufacture for sale, offer for sale, distribution in com-
merce, or import of non-mesh crib bumpers. A crib bumper is de-
fined to include any non-mesh material that is intended to cover
the sides of a crib to prevent injury to a crib occupant from impacts
or to prevent a crib occupant from getting any body part entrapped
in any opening, such as a padded crib bumper, a supported and un-
supported vinyl bumper guard, and vertical slat covers. The bill
would make violations of these prohibition subject to civil and
criminal penalties under the CPSA.
Legislative History
On June 10, 2019, H.R. 3172 was introduced by Representative
Cárdenas, and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on June 11, 2019.
On June 10, 2019, H.R. 3170, the Safe Cribs Act of 2019, was
introduced by Representative Jan Schakowsky and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and Com-
merce on June 11, 2019.
On June 13, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing six bills, including H.R.
3172 and H.R. 3170. The witnesses included Will Wallace, Man-
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ager, Home & Products Policy, Consumer Reports; Crystal Ellis,
Founding Member, Parents Against Tip-Overs; Chris Parsons,
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President, Minnesota Professional Fire Fighters; and Charles A.
Samuels, Member, Mintz.
On July 10, 2019, the Subcommittee met in open markup session
to consider H.R. 3172 and H.R. 3170 and forwarded the bills,
amended, to the Committee on Energy and Commerce by voice
votes.
The Committee on Energy and Commerce met in open markup
session on July 17, 2019, to consider H.R. 3172 and H.R. 3170 and
ordered the bills reported favorably to the House, as amended, by
voice votes.
On September 13, 2019, the Committee on Energy and Com-
merce reported H.R. 3172 to the House (H. Rept. 116–206) and the
bill was placed on the Union Calendar (Calendar No. 163). On the
same day, the Committee on Energy and Commerce reported H.R.
3170 to the House (H. Rept. 116–205) and the bill was placed on
the Union Calendar (Calendar No. 162).
No further action was taken on H.R. 3170 in the 116th Congress.
The provisions of H.R. 3170 were incorporated into H.R. 3172.
On December 16, 2019, H.R. 3172 was considered in the House
under a motion to suspend the rules and passed, as amended, by
a voice vote.
On December 17, 2019, the Senate received H.R. 3172, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation.
No further action was taken on H.R. 3172 in the 116th Congress.
HOT CARS ACT OF 2019
H.R. 3593
To require the Secretary of Transportation to issue a rule requir-
ing all new passenger motor vehicles to be equipped with a child
safety alert system, and for other purposes.
Summary
This legislation would require the DOT to issue a final rule with-
in two years of enactment requiring vehicles to be equipped with
a system that can detect and alert the driver to the presence of a
child or occupant in a rear seat of a vehicle after the engine is shut
off. The bill would also require DOT to contract with an inde-
pendent party to study retrofitting existing passenger motor vehi-
cles with technology to address the problem of occupants left unat-
tended in such vehicles. The report would be submitted to the Com-
mittee on Energy and Commerce and the Senate Committee on
Commerce, Science, and Transportation within 180 days of the
issuance of the rule described above.
Legislative History
On June 28, 2019, H.R. 3593 was introduced by Representative
Ryan (OH–13) and referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Transportation and In-
frastructure. The bill was subsequently referred to the Sub-
committee on Consumer Protection and Commerce on July 1, 2019.
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On October 24, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on four bills, including
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H.R. 3593. The witnesses included Cathy Chase, President, Advo-
cates for Highway and Auto Safety; Susan Livingston, Daughter of
Dr. James D. Livingston and Dr. Sherry H. Penney; and Benjamin
R. Nordstrom, M.D., Ph.D., Executive Director, Responsibility.org.
No further action was taken on H.R. 3593 in the 116th Congress.
IMPAIRED DRIVING STUDY ACT OF 2019
H.R. 3888
To require the Administrator of the National Highway Traffic
Safety Administration to conduct a study on motor vehicle safety
and impaired driving, and for other purposes.
Summary
This legislation directs the National Highway Traffic Safety Ad-
ministration (NHTSA), in cooperation with other Federal agencies
as appropriate, to conduct a study on ways in which the Adminis-
tration can improve motor vehicle safety to address impaired driv-
ing, including alcohol, marijuana, and opioid-impaired driving.
NHTSA is required to issue a report within two years, and bian-
nually thereafter, detailing the research activities undertaken;
progress of the research conducted; and the results of the study
when completed.
Legislative History
On July 23, 2019, H.R. 3888 was introduced by Representative
Rodgers and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Con-
sumer Protection and Commerce on July 24, 2019.
On October 24, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing on four bills, including
H.R. 3888. The witnesses included Cathy Chase, President, Advo-
cates for Highway and Auto Safety; Susan Livingston, Daughter of
Dr. James D. Livingston and Dr. Sherry H. Penney; and Benjamin
R. Nordstrom, M.D., Ph.D., Executive Director, Responsibility.org.
No further action was taken on H.R. 3888 in the 116th Congress.
COMBATTING IMPAIRED DRIVING ACT OF 2019
H.R. 3890
To require the Secretary of Transportation to provide funds to
address motor vehicle safety and impaired driving, and for other
purposes.
Summary
This legislation authorizes DOT to provide funding for grants,
pilot programs, demonstration projects, and innovative solutions to
improve motor vehicle safety to address impaired driving, including
alcohol, opioid, and marijuana-impaired driving. The legislation au-
thorizes $7 million for fiscal year 2021 increasing to $10 million by
fiscal year 2025. This bill directs the Department of Transportation
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to provide funding for grants, pilot programs, demonstration
projects, and innovative solutions to improve motor vehicle safety
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and address impaired driving, including alcohol, marijuana, and
opioid-impaired driving.
Legislative History
On July 23, 2019, H.R. 3890 was introduced by Representative
Bucshon and was referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on July 24, 2019.
On October 24, 2019, the Subcommittee on Consumer Protection
and Commerce held a legislative hearing, on H.R. 3890 and three
other bills. The witnesses included Cathy Chase, President, Advo-
cates for Highway and Auto Safety; Susan Livingston, Daughter of
Dr. James D. Livingston and Dr. Sherry H. Penney; and Benjamin
R. Nordstrom, M.D., Ph.D., Executive Director, Responsibility.org.
No further action was taken on H.R. 3890 in the 116th Congress.
SAMI’S LAW
H.R. 4686
To require ride-hailing companies to implement an enhanced dig-
ital system to verify passengers with their authorized ride-hailing
vehicles and drivers.
Summary
This bill would require each transportation network company
(TNC) to establish a system and policy for passengers to digitally
verify the driver with whom they have been matched and establish
an advisory council for the purpose of developing recommended
performance standards for successor technology that will protect
TNC passengers and TNC drivers.
Legislative History
On October 15, 2019, H.R. 4686 was introduced by Representa-
tive Smith (NJ–04). It was referred to the Committee on Transpor-
tation and Infrastructure, and in addition to the Committee on En-
ergy and Commerce. The bill was subsequently referred to the Sub-
committee on Consumer Protection and Commerce on October 17,
2019.
On July 29, 2020, H.R. 4686 was considered in the House under
a motion to suspend the Rules and passed, as amended, by a voice
vote.
On July 30, 2020, the Senate received H.R. 4686.
No further action was taken on H.R. 4686 in the 116th Congress.
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2021
H.R. 6395 (H.R. 3600)
To authorize appropriations for fiscal year 2021 military activi-
ties of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe mili-
tary personnel strengths for such fiscal year, and for other pur-
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poses.
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Summary
Section 1710D of this legislation incorporates H.R. 3600, the
‘‘Deepfakes Report Act of 2019’’, which requires the Science and
Technology Directorate in the Department of Homeland Security to
issue reports on deepfake videos, or those altered by artificial intel-
ligence to change the meaning of a video. The report must include
an assessment of how foreign governments and domestic actors use
deepfakes to affect national security.
Legislative History
On March 26, 2020, H.R. 6395 was introduced by Representative
Smith (WA–09) and referred to the Committee on Armed Services.
On July 20, 2020, H.R. 6395 was considered in the House pursu-
ant to the provisions of H. Res. 1053, and the bill was passed by
a recorded vote of 295 yeas and 125 nays (Roll Call No. 152).
On August 5, 2020, H.R. 6395 was received in the Senate, read
twice, and placed on Senate Legislative Calendar under General
Orders (Calendar No. 505).
On November 16, 2020, the Senate passed H.R. 6395 with an
amendment by a voice vote. On November 18, 2020, the House
agreed to a motion that the House disagree to the Senate amend-
ment to H.R. 6395 and request a conference with the Senate there-
on by unanimous consent.
On November 18, 2020, the Speaker appointed conferees. From
the Committee on Energy and Commerce, the Speaker appointed
Representatives Pallone, DeGette, and Walden for consideration of
secs. 223, 229, 332, 335, 535, 540H, 601, 705, 736, 1299N–2, 1641,
1760, 1761, 1772, 1793, 1821, 1823, 1824, 2835, 3201, 3511, 3601,
5101–04, 5109, 10306, and 11206 of the House bill and secs. 311,
319, 703, 1053, 1091, 1092, 1094, 1098, 1099, 2841, 3121, 3125,
3131, 3132, 5239, 6082–84, subtitle I of title LX of division E, secs.
6299F, 6614, 6704, and 6706 of the Senate amendment and modi-
fications committed to conference.
On December 2, 2020, the Senate insisted on its amendment,
agreed to the request for a conference, and appointed the following
conferees, Senators Inhofe (OK), Wicker (MS), Fischer (NE), Cotton
(AR), Rounds (SD), Ernst (IA), Tillis (NC), Sullivan (AK), Perdue
(GA), Cramer (ND), Thune (SD), Scott (FL), Blackburn (TN),
Hawley (MO), Reed (RI), Shaheen (NH), Gillibrand (NY),
Blumenthal (CT), Hirono (HI), Kaine (VA), King (ME), Heinrich
(NM), Warren (MA), Peters (MI), Manchin (WV), Duckworth (IL),
and Jones (AL).
The conference report (H. Rept. 116–617) was filed on December
3, 2020. On December 8, 2020, the conference report was consid-
ered in the House pursuant to a special order and the conference
report was agreed to by a recorded vote of 335 yeas to 78 nays and
1 present (Roll Call No. 238). On December 11, 2020, the Senate
agreed to the conference report by a recorded vote of 84 yeas and
13 nays (Record Vote Number: 264).
On December 11, 2020, H.R. 6395 was presented to the Presi-
dent.
On December 23, 2020, the President vetoed H.R. 6395.
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On December 28, 2020, the House considered H.R. 6395 pursuant
to the provisions of H. Res. 1271, and was subsequently passed by
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a recorded vote of 275 yeas to 134 nays (Roll No. 252), two-thirds
of the members present having voted in the affirmative, the objec-
tions of the President to the contrary notwithstanding. On Decem-
ber 29, 2020, the Senate received notification of the action of the
House and the veto message, which was ordered held at the Senate
desk. Further action on H.R. 6395 was pending with the Senate at
the time this report was filed.
On June 28, 2019, H.R. 3600 was introduced by Representative
Kilmer (WA–06) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the Subcommittee
on Consumer Protection and Commerce on July 1, 2019.
No further action was taken on H.R. 3600 in the 116th Congress.
The provisions of H.R. 3600 were included in H.R. 6395.
COMBATTING PANDEMIC SCAMS ACT OF 2020
H.R. 6435
To direct the Federal Trade Commission to develop and dissemi-
nate information to the public about scams related to COVID–19,
and for other purposes.
Summary
This legislation aims to protect Americans, especially senior citi-
zens and people with infirmities and disabilities, from deceptive
and fraudulent scams while the United States continues to face the
current coronavirus disease (COVID–19) pandemic. Specifically, the
bill directs the FTC to develop and disseminate information to the
public about scams related to COVID–19. This bill also requires the
FTC, in consultation with the Attorney General and Secretary of
Health and Human Services, among other relevant agencies, to es-
tablish a comprehensive national database to track all instances of
scams relating to COVID–19.
Legislative History
On April 3, 2020, H.R. 6435 was introduced by Representative
Carter (GA–01) and the bill was referred to the Committee on En-
ergy and Commerce. The bill was subsequently referred to the Sub-
committee on Consumer Protection and Commerce on April 4,
2020.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020 to consider thirty-eight bills,
including H.R. 6435 and ordered the bill reported favorably to the
House, without amendment, by a voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 6435 to the House (H. Rept. 116–591). The next day,
H.R. 6435 was considered in the House under a motion to suspend
the Rules and passed, as amended, by a voice vote.
On November 18, 2020, the Senate received H.R. 6435, read the
bill twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
On December 17, 2020, the Senate Committee on Commerce,
Science, and Transportation was discharged from further consider-
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ation of H.R. 6435 and the bill was passed without amendment by
unanimous consent, clearing the measure for the White House.
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On December 24, 2020, H.R. 6435 was presented to the Presi-
dent. The bill was pending action by the President when this report
was filed.
THE HEROES ACT
H.R. 6800 (H.R. 6472)
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
Division M, title I of H.R. 6800 incorporates H.R. 6472, which
would prohibit the sale of consumer goods and services at an un-
conscionably excessive price during the public health emergency de-
clared as a result of the COVID–19 pandemic.
Legislative History
On May 12, 2020, H.R. 6800 was introduced by Representative
Lowey (NY–17) and referred to the Committee on Appropriations,
in addition to the Committees on the Budget and Way and Means.
On May 15, 2020, H.R. 6800 was considered in the House pursu-
ant to the provisions of H. Res. 965, and the bill was passed by a
recorded vote of 208 yeas and 199 nays.
On May 20, 2021, H.R. 6800 was received in the Senate. On May
21, 2020, the bill was read the first time and placed on the Senate
Legislative Calendar under Read the First Time. On June 1, 2020,
H.R. 6800 was read a second time and placed on the Senate Legis-
lative Calendar under General Orders (Calendar No. 455). The
Senate Committee on Small Business and Entrepreneurship held a
hearing on the bill on July 23, 2020.
No further action was taken on H.R. 8134 in the 116th Congress.
PANDEMIC EFFECTS ON HOME SAFETY AND TOURISM ACT
H.R. 8121 (H.R. 8122)
To require the Consumer Product Safety Commission to study
the effect of the COVID–19 pandemic on injuries and deaths associ-
ated with consumer products and to direct the Secretary of Com-
merce to study and report on the effects of the COVID–19 pan-
demic on the travel and tourism industry in the United States.
Summary
This legislation requires the CPSC to study and report to Con-
gress on the effects of the COVID–19 pandemic on injuries and
deaths associated with consumer products. The bill also directs the
Department of Commerce (DOC) to conduct a study and report to
Congress on the effects of the COVID–19 pandemic on the travel
and tourism industry in the United States.
Legislative History
On August 28, 2020, H.R. 8121 was introduced by Representative
Cárdenas (CA–29) and referred to the Committee on Energy and
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Commerce. The bill was subsequently referred to the Subcommittee
on Consumer Protection and Commerce on August 31, 2020. No
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further action was taken on H.R. 8122 in the 116th Congress. The
provisions of H.R. 8122 were included into H.R. 8121.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020 to consider H.R. 8121 and
ordered the bill reported favorably to the House, amended, by a
voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 8121 to the House (H. Rept. 116–588). The next day,
H.R. 8121 was considered in the House under a motion to suspend
the Rules and passed, as amended, by a voice vote.
On November 18, 2020, the Senate received H.R. 8121, read the
bill twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 8121 in the 116th Congress.
On August 28, 2020, H.R. 8122, the Protecting Tourism in the
United States Act, was introduced by Representative Castor (FL–
14) and referred to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on Consumer
Protection and Commerce on August 31, 2020.
No further action was taken on this bill in the 116th Congress.
The provisions of H.R. 8122 were included in H.R. 8121.
CONSUMER SAFETY TECHNOLOGY ACT
H.R. 8128 (H.R. 2154 AND H.R. 8153)
To direct the Consumer Product Safety Commission to establish
a pilot program to explore the use of artificial intelligence in sup-
port of the mission of the Commission and direct the Secretary of
Commerce and the Federal Trade Commission to study and report
on the use of blockchain technology and digital tokens, respectively.
Summary
This legislation requires the CPSC to establish a pilot program
to explore the use of artificial intelligence for at least one of the
following purposes: (1) tracking injury trends; (2) identifying con-
sumer product hazards; (3) monitoring the retail marketplace for
the sale of recalled consumer products; or (4) identifying unsafe im-
ported consumer products.
This bill also directs the Department of Commerce, in consulta-
tion with the FTC, to conduct a study and submit to Congress a
report on the state of blockchain technology in commerce, including
its use to reduce fraud and increase security and directs the FTC
to submit to Congress a report and recommendations on unfair or
deceptive acts or practices relating to digital tokens.
Legislative History
On August 28, 2020, H.R. 8128 was introduced by Representative
McNerney (CA–09) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the Subcommittee
on Consumer Protection and Commerce on August 31, 2020.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020, to consider H.R. 8128 and
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ordered the bill reported favorably to the House, amended, by a
voice vote.
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On September 29, 2020, the Committee on Energy and Com-
merce reported H.R. 8121 to the House (H. Rept. 116–545). That
same day, H.R. 8121 was considered in the House under a motion
to suspend the Rules and passed, as amended, by a voice vote.
On September 30, 2020, the Senate received H.R. 8121, read the
bill twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 8121 in the 116th Congress.
On April 9, 2019, H.R. 2154, the Digital Taxonomy Act of 2019,
introduced by Representative Soto (FL–09) and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and Com-
merce on April 10, 2019.
On September 1, 2020, H.R. 8153, the Blockchain Innovation Act,
was introduced by Representative Soto and referred to the Com-
mittee on Energy and Commerce. The bill was subsequently re-
ferred to the Subcommittee on Consumer Protection and Commerce
on September 2, 2020.
No further action was taken on these bills in the 116th Congress.
The provisions of H.R. 2154 and H.R. 8153 were incorporated into
H.R. 8121.
AMERICAN COMPETE ACT
H.R. 8132
(H.R. 6950, H.R. 2644, H.R. 6939, H.R. 6938, H.R. 6928, H.R. 6919,
H.R. 6927, H.R. 6943, AND H.R. 6937)
To require the Federal Trade Commission and the Secretary of
Commerce to conduct studies and submit reports on the impact of
artificial intelligence and other technologies on United States busi-
nesses conducting interstate commerce, and for other purposes.
Summary
This legislation aims to ensure America leads the world and out-
paces the People’s Republic of China in charting the future of
emerging technologies. Specifically, H.R. 8132 directs the DOC and
the FTC to study and report to Congress on the state of artificial
intelligence (AI), quantum computing, blockchain, and new and ad-
vanced materials. The bill also requires the DOC to study and re-
port to Congress on the state of the Internet of Things (IOT), IOT
manufacturing, three-dimensional printing, and unmanned delivery
services and directs the FTC to study how AI may be used to ad-
dress online harms.
Legislative History
On August 28, 2020, H.R. 8132 was introduced by Representative
Rodgers and the bill was referred to the Committee on Energy and
Commerce. The bill was referred to the Subcommittee on Consumer
Protection and Commerce on August 31, 2020.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020, to consider H.R. 8132 and
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ordered the bill reported favorably to the House, without amend-
ment, by a voice vote.
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On September 29, 2020, the Committee on Energy and Com-
merce reported H.R. 8132 to the House (H. Rept. 116–539). That
same day, H.R. 8132 was considered in the House under a motion
to suspend the Rules and passed, as amended, by a voice vote.
On September 30, 2020, the Senate received H.R. 8132, read the
bill twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 8132 in the 116th Congress.
Provisions of this legislation were incorporated into H.R. 133,
which became public law.
On May 19, 2020, H.R. 6950, the GAINS Act, was introduced by
Representative Rodgers and referred to the Committee on Energy
and Commerce, in addition to the Committees on Science, Space,
and Technology, and Foreign Affairs. The bill was subsequently re-
ferred to the Subcommittee on Consumer Protection and Commerce
on May 20, 2020.
On May 9, 2019, H.R. 2644, the SMART IOT Act, was introduced
by Representative Latta (OH–05) and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Consumer Protection and Commerce on May 10,
2019.
On May 19, 2020, H.R. 6939, the Advancing IOT Manufacturing
Act, was introduced by Representative Hudson (NC–08) and re-
ferred to the Energy and Commerce Committee. The bill was sub-
sequently referred to the Subcommittee on Consumer Protection
and Commerce on May 20, 2020.
On May 19, 2020, H.R. 6938, the Advancing Blockchain Act, was
introduced by Representative Guthrie (KY–02) and referred to the
Committee on Energy and Commerce, in addition to the Commit-
tees on Science, Space, and Technology, and Foreign Affairs. The
bill was subsequently referred to the Subcommittee on Consumer
Protection and Commerce on May 20, 2020.
On May 19, 2020, H.R. 6928, the Advancing 3D Printing Act,
was introduced by Representative Burgess (TX–26) and referred to
the Committee on Energy and Commerce, and in addition to the
Committees on Science, Space, and Technology, and Foreign Af-
fairs. The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on May 20, 2020.
On May 19, 2020, H.R. 6919, the Advancing Quantum Com-
puting Act, was introduced by Representative Griffith (VA–09) and
referred to the Committee on Energy and Commerce, and in addi-
tion to the Committees on Science, Space, and Technology, and For-
eign Affairs. The bill was subsequently referred to the Sub-
committee on Consumer Protection and Commerce on May 20,
2020.
On May 19, 2020, H.R. 6927, the Advancing New and Advanced
Materials Act was introduced by Representative Bucshon and re-
ferred to the Committee on Energy and Commerce, and in addition
to the Committees on Science, Space, and Technology, and Foreign
Affairs. The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on May 20, 2020.
On May 19, 2020, H.R. 6943, the Advancing Unmanned Delivery
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Services Act, was introduced by Representative Latta and referred
to the Committee on Energy and Commerce, and in addition to the
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Committees on Science, Space, and Technology, and Foreign Af-
fairs. The bill was subsequently referred to the Subcommittee on
Consumer Protection and Commerce on May 20, 2020.
On May 19, 2020, H.R. 6937, the Countering Online Harms Act,
was introduced by Representative Guthrie and referred to the Com-
mittee on Energy and Commerce. The bill was subsequently re-
ferred to the Subcommittee on Consumer Protection and Commerce
on May 20, 2020.
No further action was taken on these bills in the 116th Congress.
The provisions of H.R. 6950, H.R. 2644, H.R. 6939, H.R. 6938, H.R.
6928, H.R. 6919, H.R. 6927, H.R. 6943, and H.R. 6937 were in-
cluded in H.R. 8132.
CONSUMER PRODUCT SAFETY INSPECTION ENHANCEMENT ACT
H.R. 8134
To support the Consumer Product Safety Commission’s capability
to protect consumers from unsafe consumer products, and for other
purposes.
Summary
This legislation directs the CPSC to enhance its ability to iden-
tify unsafe consumer products entering the United States, espe-
cially e-commerce shipments entering under the de minimis value
exemption. The bill also requires the CPSC to hire not less than
16 employees and add staffing every year until needs are met to
identify violative products at ports and to complete a study and re-
port on the CPSC’s efforts and needs to effectively stop violative
products from entering the United States.
Legislative History
On August 28, 2020, H.R. 8134 was introduced by Representative
Schakowsky and was referred to the Committee on Energy and
Commerce. The bill was referred to the Subcommittee on Consumer
Protection and Commerce on August 31, 2020.
The Committee on Energy and Commerce met in virtual open
markup session on September 9, 2020, to consider H.R. 8134 and
ordered the bill reported favorably to the House, without amend-
ment, by a voice vote.
On September 24, 2020, the Committee on Energy and Com-
merce reported H.R. 8134 to the House (H. Rept. 116–537). On Sep-
tember 29, 2020, H.R. 8134 was considered in the House under a
motion to suspend the Rules and passed, as amended, by a voice
vote.
On September 30, 2020, the Senate received H.R. 8134, read the
bill twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 8134 in the 116th Congress.
Provisions of H.R. 8134 were incorporated into H.R. 133, which be-
came public law.
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OVERSIGHT ACTIVITIES
PROTECTING CONSUMER PRIVACY IN THE ERA OF BIG DATA
On February 26, 2019, the Subcommittee on Consumer Protec-
tion and Commerce held a hearing entitled ‘‘Protecting Consumer
Privacy in the Era of Big Data.’’ The purpose of this hearing was
to examine the need for comprehensive data privacy and security
legislation. The witnesses included Brandi Collins-Dexter, Senior
Campaign Director, Media, Democracy & Economic Justice, Color
of Change; Dave Grimaldi, Executive Vice President for Public Pol-
icy, IAB; Roslyn Layton, Ph.D., Visiting Scholar, American Enter-
prise Institute; Nuala O’Connor, President and CEO, Center for
Democracy & Technology; and Denise Zheng, Vice President, Tech-
nology, Innovation, Business Roundtable.
INCLUSION IN TECH: HOW DIVERSITY BENEFITS ALL AMERICANS
On March 6, 2019, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ‘‘Protecting Consumer Pri-
vacy in the Era of Big Data.’’ The purpose of this hearing was to
examine the importance of diversity and inclusion in the technology
sector. The witnesses included Nicol Turner Lee, Ph.D., Fellow,
Center for Technology Innovation, Governance Studies, Brookings
Institution; Mark Luckie, Digital Media Strategist, Former Man-
ager at Facebook and Twitter; Jiny Kim, Vice President, Policy and
Programs, Asian Americans Advancing Justice (AAJC); David
Lopez, Counsel, Outten and Golden, Co-Dean, Rutgers Law School;
Jill Houghton, President & CEO, Disability:IN; Joan Ferrini-
Mundy, Ph.D., President, University of Maine; and Natalie
Oliverio, CEO, Military Talent Partners.
ENHANCING VEHICLE TECHNOLOGY TO PREVENT DRUNK DRIVING
On March 14, 2019, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ‘‘Enhancing Vehicle Tech-
nology to Prevent Drunk Driving.’’ The purpose of this hearing was
to examine the importance of improving vehicle safety technology
to prevent individuals from driving drunk. The witnesses included
Joan Claybrook, Board Member, Advocates for Highway and Auto
Safety, Former Administrator, National Highway Traffic Safety Ad-
ministration; Helen Witty, National President, Mothers Against
Drunk Driving; David Kelly, Executive Director, Coalition of Igni-
tion Interlock Manufacturers; and Robert Strassburger, President
& CEO, Automotive Coalition for Traffic Safety, Inc. (ACTS, Inc.).
PROTECTING AMERICANS FROM DANGEROUS PRODUCTS: IS THE
CONSUMER PRODUCT SAFETY COMMISSION FULFILLING ITS MISSION?
On April 9, 2019, the Subcommittee on Consumer Protection and
Commerce held a hearing entitled ‘‘Protecting Americans from
Dangerous Products: Is the Consumer Product Safety Commission
Fulfilling Its Mission?’’ The purpose of this hearing was to conduct
oversight of the Consumer Product Safety Commission (CPSC). The
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CPSC is an independent agency responsible for protecting con-
sumers from unreasonable risk of injury or death from consumer
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products. The witnesses included Ann Marie Buerkle, Acting Chair-
man, Consumer Product Safety Commission; Elliot F. Kaye, Com-
missioner, Consumer Product Safety Commission; Robert S. Adler,
Commissioner, Consumer Product Safety Commission; Dana
Baiocco, Commissioner, Consumer Product Safety Commission;
Peter A. Feldman, Commissioner, Consumer Product Safety Com-
mission; Rachel Weintraub, Legislative Director and General Coun-
sel, Consumer Federation of America; Nancy Cowles, Executive Di-
rector, Kids in Danger; Remington A. Gregg, Counsel for Civil Jus-
tice and Consumer Rights, Public Citizen; and Mike Gentine, Coun-
sel, Schiff Hardin LLP.
OVERSIGHT OF THE FEDERAL TRADE COMMISSION: STRENGTHENING
PROTECTIONS FOR AMERICANS’ PRIVACY AND DATA SECURITY
On May 8, 2019, the Subcommittee on Consumer Protection and
Commerce held a hearing entitled ‘‘Oversight of the Federal Trade
Commission: Strengthening Protections for Americans’ Privacy and
Data Security.’’ The purpose of this hearing was to conduct over-
sight of the Federal Trade Commission. The FTC is an independent
agency with the dual mission of protecting consumers and competi-
tion by preventing anticompetitive, deceptive, and unfair business
practices. The witnesses included Joseph J. Simons, Chairman,
Federal Trade Commission; Noah Joshua Phillips, Commissioner,
Federal Trade Commission; Rohit Chopra, Commissioner, Federal
Trade Commission; Rebecca Kelly Slaughter, Commissioner, Fed-
eral Trade Commission; and Christine S. Wilson, Commissioner,
Federal Trade Commission.
SUMMER DRIVING DANGERS: EXPLORING WAYS TO PROTECT DRIVERS
AND THEIR FAMILIES
On May 23, 2019, the Subcommittee on Consumer Protection and
Commerce held a hearing entitled ‘‘Summer Driving Dangers: Ex-
ploring Ways to Protect Drivers and Their Families.’’ The purpose
of this hearing was to explore available technologies to improve
motor vehicle safety to reduce the number of automobile fatalities
and injuries. The witnesses included Janette Fennell, President
and Founder, KidsAndCars.org; Miles Harrison, Father of Chase
Harrison; Jason Levine, Executive Director, Center for Auto Safety;
and Gary Shapiro, President and CEO, Consumer Technology Asso-
ciation.
DRIVING IN REVERSE: THE ADMINISTRATION’S ROLLBACK OF FUEL
ECONOMY AND CLEAN CAR STANDARDS
On June 20, 2019, the Subcommittee on Consumer Protection
and Commerce and the Subcommittee on Environment and Climate
Change held a joint hearing entitled ‘‘Driving in Reverse: The Ad-
ministration’s Rollback of Fuel Economy and Clean Car Stand-
ards.’’ The purpose of this hearing was to examine the Trump Ad-
ministration’s efforts to roll back Corporate Average Fuel Economy
(CAFE) standards and carbon pollution regulations from light duty
cars and trucks. The witnesses included William L. Wehrum, As-
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sistant Administrator, Office of Air and Radiation, U.S. Environ-
mental Protection Agency; Heidi King, Deputy Administrator, Na-
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tional Highway Traffic Safety Administration, U.S. Department of
Transportation; Mary D. Nichols, Chair, California Air Resources
Board; David Friedman, Vice President, Advocacy, Consumer Re-
ports; Ramzi Y. Hermiz, President and Chief Executive Officer,
Shiloh Industries, Inc.; Josh Nassar, Legislative Director, United
Auto Workers; Shoshana M. Lew, Executive Director, Colorado De-
partment of Transportation; Jeff Landry, Attorney General, State
of Louisiana; David Schweitert, Interim Chief Executive Officer, Al-
liance of Automobile Manufacturers; and Nick Loris, Deputy Direc-
tor of the Thomas A. Roe Institute for Economic Policy Studies,
Herbert and Joyce Morgan Fellow in Energy and Environmental
Policy, Heritage Foundation.
PROFITS OVER CONSUMERS: EXPOSING HOW PHARMACEUTICAL
COMPANIES GAME THE SYSTEM
On September 19, 2019, the Subcommittee on Consumer Protec-
tion and Commerce held a hearing entitled ‘‘Profits Over Con-
sumers: Exposing How Pharmaceutical Companies Game the Sys-
tem.’’ The purpose of this hearing was to examine product hopping
in the pharmaceutical market. Product hopping, also known as line
extension and sometimes referred to as evergreening, refers to the
reformulation of a pharmaceutical drug product by a brand drug
manufacturer for the purpose of delaying competition. The wit-
nesses included Michael A. Carrier, Distinguished Professor, Rut-
gers law School, Co-Director, Rutgers Institute for Information Pol-
icy and Law; Jeff Francer, Senior Vice President and General
Counsel, Association for Accessible Medicines; David Mitchell,
Founder, Patients for Affordable Drugs, Patients for Affordable
Dugs NOW; and Joanna M. Shepherd, Professor of Law, Emory
University School of Law.
FOSTERING A HEALTHIER INTERNET TO PROTECT CONSUMERS
On October 16, 2019, the Subcommittee on Communications and
Technology and the Subcommittee on Consumer Protection and
Commerce held a joint hearing entitled ‘‘Fostering a Healthier
Internet to Protect Consumers.’’ The purpose of this hearing was
to explore content moderation practices and whether consumers are
adequately protected under current law. The witnesses included
Steve Huffman, Co-Founder & CEO, Reddit, Inc.; Danielle Keats
Citron, Professor of Law, Boston University School of Law; Corynne
McSherry, Legal Director, Electronic Frontier Foundation; Hany
Farid, Professor, University of California, Berkeley; Katherine
Oyama, Global Head of Intellectual Property Policy, Google, Inc.;
and Gretchen S. Peters, Executive Director, Alliance to Counter
Crime Online.
AMERICANS AT RISK: MANIPULATION AND DECEPTION IN THE
DIGITAL AGE
On January 8, 2020, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ‘‘Americans at Risk: Manip-
ulation and Deception in the Digital Age.’’ The purpose of this
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hearing was to explore the issues of deception and manipulation of
consumers online. The witnesses included Monika Bickert, Vice
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60
President of Global Policy Management, Facebook; Joan Donovan,
Ph.D., Research Director of the Technology and Social Change
Project, Shorenstein Center on Media, Politics, and Public Policy,
Harvard Kennedy School; Tristan Harris, Executive Director, Cen-
ter for Humane Technology; and Justin (Gus) Hurwitz, Associate
Professor of Law, Director of the NU Governance and Technology
Center, University of Nebraska College of Law, Director of Law &
Economics Programs, International Center for Law & Economics.
AUTONOMOUS VEHICLES: PROMISES AND CHALLENGES OF EVOLVING
AUTOMOTIVE TECHNOLOGIES
On February 11, 2020, the Subcommittee on Consumer Protec-
tion and Commerce held a hearing entitled ‘‘Autonomous Vehicles:
Promises and Challenges of Evolving Automotive Technologies.’’
The purpose of this hearing was to examine the Federal role in reg-
ulating self-driving technology. The witnesses included Cathy
Chase, President, Advocates for Highway and Auto Safety; John
Bozzella, President and CEO, Alliance for Automotive Innovation;
Daniel Hinkle, State Affairs Counsel, American Association of Jus-
tice; Mark Riccobono, President, National Federation of the Blind;
Gary Shapiro, President and CEO, Consumer Technology Associa-
tion; and Jeff Tumlin, Director of Transportation, San Francisco
Municipal Transportation Agency (SFMTA).
BUYER BEWARE: FAKE AND UNSAFE PRODUCTS ON ONLINE
MARKETPLACES
On March 4, 2020, the Subcommittee on Consumer Protection
and Commerce held a hearing entitled ‘‘Buyer Beware: Fake and
Unsafe Products on Online Marketplaces.’’ The purpose of this
hearing was to examine the proliferation of deceptive and dan-
gerous products on online marketplaces. The witnesses included
Dharmesh Mehta, Vice President of Worldwide Customer Trust
and Partner Support, Amazon; Amber Leavitt, Associate General
Counsel and Head of IP, eBay; Jeff Myers, Senior Director for In-
tellectual Property, Apple; Andrew Love, Head of Brand Security/
Investigations/Global Enforcement, Specialized Bicycles; David
Friedman, Vice President of Advocacy, Consumer Reports; and Lori
Wallach, Director of Global Trade Watch, Public Citizen.
A COUNTRY IN CRISIS: HOW DISINFORMATION ONLINE IS DIVIDING
THE NATION
On June 24, 2020, the Subcommittee on Communications and
Technology and the Subcommittee on Consumer Protection and
Commerce held a joint hearing entitled ‘‘A Country in Crisis: How
Disinformation Online is Dividing the Nation.’’ The purpose of this
hearing was to examine the role of social media platforms in dis-
seminating disinformation relating to the coronavirus disease of
2019 (COVID–19) pandemic and racial injustice. The witnesses in-
cluded Brandi Collins-Dexter, Senior Campaign Director, Color of
Change; Hany Farid, Professor, University of California, Berkeley;
Spencer Overton, President, Joint Center for Political and Eco-
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nomic Studies, Professor of Law, George Washington University;
and Neil Fried, Former Chief Counsel for Communications and
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Technology, Energy and Commerce Committee, Principal,
DigitalFrontiers Advocacy.
CONSUMERS BEWARE: INCREASED RISKS DURING THE COVID–19
PANDEMIC
On July 9, 2020, the Subcommittee on Consumer Protection and
Commerce held a hearing entitled ‘‘Consumers Beware: Increased
Risks During the COVID–19 Pandemic.’’ The purpose of this hear-
ing was to explore ways to protect Americans from the increased
prevalence of some unfair and deceptive acts and practices as well
as product safety issues during the COVID–19 pandemic. The wit-
nesses included Kevin Anderson, Senior Deputy Attorney General,
Director, Consumer Protection Division, North Carolina Depart-
ment of Justice; Sally Greenberg, Executive Director, National Con-
sumers League; and Thomas Quaadman, Executive Vice President,
Center for Capital Markets Competitiveness, Chamber Technology
Engagement Center, Global Innovation Policy Center, U.S. Cham-
ber of Commerce.
MAINSTREAMING EXTREMISM: SOCIAL MEDIA’S ROLE IN
RADICALIZING AMERICA
On September 24, 2020, the Subcommittee on Consumer Protec-
tion and Commerce held a hearing entitled ‘‘Mainstreaming Extre-
mism: Social Media’s Role in Radicalizing America.’’ The purpose
of this hearing was to examine the growing influence of extremism
and social media’s role in its rapid spread. The witnesses included
Marc Ginsberg, President, Coalition for a Safer Web; Tim Kendall,
Chief Executive Officer, Moment; Taylor Dumpson, Hate Crime
Survivor and Cyber-Harassment Target; and John Donohue, Fel-
low, Rutgers University Miler Center for Community Protection
and Resiliency, Former Chief of Strategic Initiatives, New York
City Police Department.
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SUBCOMMITTEE ON COMMUNICATIONS AND TECHNOLOGY
LEGISLATIVE ACTIVITIES
PIRATE ACT
PUBLIC LAW 116–109 (H.R. 583)
To amend the Communications Act of 1934 to provide for en-
hanced penalties for pirate radio, and for other purposes.
Summary
This legislation would give the Federal Communications Com-
mission (FCC or Commission) additional authority to issue fines on
any person who willfully and knowingly broadcasts radio trans-
missions over AM or FM frequencies without a license from the
FCC or without complying with unlicensed operations rules defined
by the Commission. The bill would further give the FCC additional
tools to enforce penalties against pirate stations by raising the fine
for rule violations to $100,000 per day per violation, up to a max-
imum of $2,000,000.
Legislative History
On January 16, 2019, H.R. 583 was introduced by Representative
Tonko and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on January 25, 2019.
On February 25, 2019, H.R. 583 was considered in the House
under a motion to suspend the Rules and passed, as amended, by
a voice vote.
On February 26, 2019, the Senate received H.R. 583, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation. On January 8, 2020, the Sen-
ate Committee on Commerce, Science, and Transportation dis-
charged consideration of the bill by unanimous consent. That same
day, H.R. 583 was considered in the Senate and passed, without
amendment, by a voice vote.
On January 14, 2020, H.R. 583 was presented to the President.
On January 24, 2020, H.R. 583 was signed into law by the Presi-
dent (Public Law 116–109).
FURTHER CONSOLIDATED APPROPRIATIONS ACT, 2020
PUBLIC LAW 116–94 (H.R. 1865, H.R. 5035)
Making further consolidated appropriations for the fiscal year
ending September 30, 2020, and for other purposes.
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Summary
Title X, section 1001 of H.R. 1865 incorporates H.R. 5035, the
‘‘Television Viewer Protection Act of 2019’’. This legislation ad-
dresses two provisions of law that were to expire at the end of 2019
that facilitated the ability of consumers to view broadcast television
stations over multichannel video programming distributor (MVPD)
services and provide basic protections to consumers when pur-
chasing MVPD services and certain broadband equipment. H.R.
5035 made permanent ‘‘good faith’’ negotiation provisions for re-
transmission consent while allowing for the importation of distant
signals to unserved households without retransmission consent
only as authorized under the statutory license in section 119 of the
Copyright Act. The legislation further requires that, at the point of
sale, MVPDs must give consumers a breakdown of all charges re-
lated to the MVPD’s video service and allows the consumer 24-
hours to cancel the service without any penalty. Finally, the legis-
lation provides for more transparency in electronic bills and pre-
vents MVPDs and broadband companies from charging for equip-
ment they do not provide.
Legislative History
On November 12, 2019, H.R. 5035 was introduced by Representa-
tive Doyle (PA–18) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the Subcommittee
on Communications and Technology on November 13, 2019.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session to consider H.R. 5035
and forwarded the bill to the Committee on Energy and Commerce
by a voice vote.
On November 19, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 5035 and ordered the
bill favorably reported to the House, amended, by a voice vote.
On December 9, 2019, the Committee on Energy and Commerce
reported H.R. 5035 to the House, as amended (H. Rept. 116–329),
and the bill was placed on the Union Calendar (Calendar No. 265).
On December 10, 2019, the House considered H.R. 5035 under a
motion to suspend the Rules and passed H.R. 5035 by a voice vote.
On December 11, 2019, H.R. 5035 was received by the Senate,
read twice, and referred to the Senate Committee on Commerce,
Science, and Transportation.
The provisions of H.R. 5035 were included in H.R. 1865.
On March 25, 2019, H.R. 1865 was introduced by Representative
Pascrell and referred to the Committee on Financial Services.
On October 28, 2019, the House considered H.R. 1865 under a
motion to suspend the Rules, and passed the bill, without amend-
ment, by a voice vote.
On October 29, 2019, H.R. 1865 was received in the Senate and
read twice.
On November 12, 2019, H.R. 1865 was considered in the Senate,
and the bill, as amended, was passed by unanimous consent.
On December 17, 2019, H.R. 1865 was considered in the House
pursuant to the provisions of H. Res. 765, and the bill, with a
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House amendment to the Senate amendment thereto, was passed
by a recorded vote of 297 yeas and 120 nays (Roll Call No. 689).
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On December 17 and 19, 2019, H.R. 1865 was received and con-
sidered in the Senate, and the bill, without further amendment,
was passed by a recorded vote of 71 yeas and 23 nays (Roll Call
No. 415).
On December 20, 2019, H.R. 1865 was presented to the President
and signed into law by the President (Public Law 116–94).
SECURE AND TRUSTED COMMUNICATIONS NETWORKS ACT OF 2019
PUBLIC LAW 116–124 (H.R. 4998, H.R. 4459)
To prohibit certain Federal subsidies from being used to pur-
chase communications equipment or services posing national secu-
rity risks, to provide for the establishment of a reimbursement pro-
gram for the replacement of communications equipment or services
posing such risks, and for other purposes.
Summary
This legislation would require the FCC to develop and maintain
a list of communications equipment and services that pose an unac-
ceptable risk to national security and prohibit the use of Federal
funds administered by the FCC to purchase, rent, lease, or other-
wise obtain such equipment and services. The legislation also es-
tablishes the Secure and Trusted Communications Reimbursement
Program to assist small communications providers with the costs of
removing prohibited equipment and services from their networks
and replacing prohibited equipment with more secure communica-
tions equipment and services.
Legislative History
On November 8, 2019, H.R. 4998 was introduced by Representa-
tive Pallone and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Communications and Technology on November 12, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills, including
H.R. 4998. Testimony was received from John Nettles, President,
Pine Belt Wireless; Harold Feld, Senior Vice President, Public
Knowledge; Dean R. Brenner, Senior Vice President, Spectrum
Strategy and Tech Policy, Qualcomm Incorporated; and Bobbie
Stempfley, Managing Director, CERT Division, Software Engineer-
ing Institute, Carnegie Mellon University.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session to consider H.R. 4998
and forwarded the bill, amended, to the full Committee, by a voice
vote.
On November 20, 2019, the full Committee met in open markup
session to consider H.R. 4998, as amended, and ordered the bill fa-
vorably reported, amended, to the House, by a voice vote.
On December 16, 2019, the Committee on Energy and Commerce
reported H.R. 4998 to the House (H. Rept. 116–352). That same
day, H.R. 4998 was considered in the House under a motion to sus-
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pend the Rules and passed, as amended, by a voice vote.
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On December 17, 2019, the Senate received H.R. 4998 and read
the bill twice. On February 27, 2020, H.R. 4998 was considered in
the Senate and passed, without amendment, by a voice vote.
On March 3, 2020, H.R. 4998 was presented to the President. On
March 12, 2020, H.R. 4998 was signed into law by the President
(Public Law 116–124).
SECURE 5G AND BEYOND ACT OF 2020
PUBLIC LAW 116–129 (S. 893, H.R. 2881)
To require the President to develop a strategy to ensure the secu-
rity of next generation mobile telecommunications systems and in-
frastructure in the United States and to assist allies and strategic
partners in maximizing the security of next generation mobile tele-
communications systems, infrastructure, and software, and for
other purposes.
Summary
This legislation directs the President to develop the ‘‘Secure Next
Generation Mobile Communications Strategy’’ in consultation with
the heads of the FCC, National Telecommunications and Informa-
tion Administration (NTIA), Department of Homeland Security
(DHS), as well as the Director of National Intelligence (DNI) and
Secretary of Defense (DOD).
Legislative History
On May 21, 2019, H.R. 2881 was introduced by Representative
Spanberger (VA–07) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the Subcommittee
on Communications and Technology on May 22, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills, including
H.R. 2881. Testimony was received from John Nettles, President,
Pine Belt Wireless; Harold Feld, Senior Vice President, Public
Knowledge; Dean R. Brenner, Senior Vice President, Spectrum
Strategy and Tech Policy, Qualcomm Incorporated; and Bobbie
Stempfley, Managing Director, CERT Division, Software Engineer-
ing Institute, Carnegie Mellon University.
On November 14, 2019, the Subcommittee met in open markup
session to consider H.R. 2881 and forwarded the bill, amended, to
the full Committee on Energy and Commerce, by a voice vote.
On November 20, 2019, the full Committee met in open markup
session to consider H.R. 2881, as amended by the Subcommittee,
and ordered the bill, as amended, reported favorably reported to
the House, as amended, by a voice vote.
On January 8, 2020, the Committee on Energy and Commerce
reported H.R. 2881 to the House (H. Rept. 116–36). That same day,
H.R. 2881 was considered in the House under a motion to suspend
the rules and passed by a record vote of 413 yeas to 3 nays (Roll
no. 4).
On January 9, 2020, the Senate received H.R. 2881 and read the
bill twice. That same day, H.R. 2881 was placed on Senate Legisla-
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tive Calendar under General Orders (Calendar No. 403).
No further action was taken on this bill in the 116th Congress.
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On December 19, 2019, the Committee on Commerce, Science,
and Transportation reported substantially similar legislation, S.
893, to the Senate, amended (S. Rept. 116–184). On March 4, 2020,
S. 893 was considered in the Senate and passed, amended, by
unanimous consent.
On March 9, 2020, the House received S. 893 and the bill was
held at the desk.
On March 11, 2020, S. 893 was considered in the House under
a motion to suspend the Rules and passed the bill by a voice vote.
On March 16, 2020, S. 893 was presented to the President. On
March 23, 2020, S. 893 was signed into law by the President (Pub-
lic Law 116–129).
BROADBAND DEPLOYMENT ACCURACY AND TECHNOLOGICAL
AVAILABILITY ACT
PUBLIC LAW 116–130 (S. 1822, H.R. 4229, AND H.R. 4227)
To improve broadband data collection, mapping, and validation
to support the effective deployment of broadband services to all
areas of the United States, and for other purposes.
Summary
This legislation would require the FCC to issue new rules to re-
quire the collection and dissemination of granular broadband avail-
ability data. It would also require the FCC to establish a process
to verify the accuracy of such data, including by using data sub-
mitted by other government entities or the public. In addition, it
would require the FCC to use this data to create coverage maps
based on a serviceable location fabric of all locations that could re-
ceive fixed broadband service, and it would require the FCC to cre-
ate a separate coverage map for mobile broadband.
Legislative History
On September 6, 2019, H.R. 4229, the Broad Deployment Accu-
racy and Technological Availability Act, was introduced by Rep-
resentative Loebsack (IA–2) and referred to the Committee on En-
ergy and Commerce. The bill was subsequently referred to the Sub-
committee on Communications and Technology on September 7,
2019.
On September 6, 2019, H.R. 4227, the ‘‘Mapping Accuracy Pro-
motes Services Act’’, was introduced by Representative McEachin
(VA–04) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on September 7, 2019.
On September 11, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on six bills, including
H.R. 4229 and H.R. 4227. The witnesses included James M. Assey,
Executive Vice President, NCTA—The Internet & Television Asso-
ciation; Shirley Bloomfield, Chief Executive Officer, NTCA—The
Rural Broadband Association; Dana J. Floberg, Policy Manager,
Free Press & Free Press Action; Jonathan Spalter, President and
CEO, US Telecom Association; Grant Spellmeyer, Vice President,
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Federal Affairs & Public Policy, U.S. Cellular; and James W.
Stegeman, President/CEO, CostQuest Associates.
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On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session to consider H.R. 4229
and H.R. 4227. The Subcommittee forwarded H.R. 4229, amended,
and H.R. 4227, without amendment, to the Committee on Energy
and Commerce.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 4229, as amended,
and H.R. 4227. The Committee on Energy and Commerce ordered
H.R. 4229 reported favorably to the House, amended, by a voice
vote. The Committee on Energy and Commerce also ordered H.R.
4227 reported favorably to the House by voice vote.
On December 16, 2019, the Committee on Energy and Commerce
reported H.R. 4229 to the House, as amended (H. Rept. 116–350).
On December 16, 2019, the House considered H.R. 4229 under a
motion to suspend the Rules and passed the bill by a voice vote.
On December 17, 2019, the Senate received H.R. 4229, read the
bill twice, and placed on the Senate Legislative Calendar under
General Orders (Calendar No. 345).
On December 16, 2019, the Committee on Energy and Commerce
reported H.R. 4227 to the House (H. Rept. 116–349). On December
16, 2019, the House considered H.R. 4227 under a motion to sus-
pend the Rules and passed the bill by a voice vote.
On December 17, 2019, the Senate received H.R. 4227, read the
bill twice, and referred the bill to the Committee on Commerce,
Science, and Transportation.
No further action was taken on these bills in the 116th Congress.
On December 12, 2019, the Senate Committee on Commerce,
Science, and Transportation reported substantially similar legisla-
tion, S. 1822, to the Senate, amended (S. Rept. 116–174).
On December 19, 2019, Senate considered substantially similar
legislation, S. 1822, and passed the bill, amended, by unanimous
consent.
On March 3, 2020, the House received S. 1822 and held the bill
at the desk. The House then considered S. 1822 and passed the
bill, amended, by unanimous consent.
On March 10, 2020, S. 1822 passed the House amendment to S.
1822 by unanimous consent.
On March 23, 2020, S. 1822 was signed into law by the President
(Public Law 116–130).
PALLONE-THUNE TELEPHONE ROBOCALL ABUSE CRIMINAL
ENFORCEMENT AND DETERRENCE ACT
PUBLIC LAW 116–105 (S. 151, H.R. 3375, H.R. 3264, H.R. 3434, H.R. 3780,
H.R. 721, H.R. 2386, H.R. 1575)
To amend the Communications Act of 1934 to clarify the prohibi-
tions on making robocalls, and for other purposes.
Summary
This legislation would take myriad actions aimed at relieving
consumers from the onslaught of robocalls. Among many other
things, this legislation would require the implementation of nation-
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wide call authentication technology so consumers can again trust
the number that appears on their caller ID. The legislation also
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provides for carriers to offer call blocking services and requires it
to be offered at a no additional line-item charge. The legislation
also requires the FCC to issue multiple rules to protect against ille-
gal robocalls and makes it easier for the FCC to fine robocallers.
Legislative History
On April 30, 2019, the Subcommittee on Communications and
Technology held a legislative hearing on seven bills entitled ‘‘Legis-
lating to Stop the Onslaught of Annoying Robocalls.’’ Testimony
was received from Aaron Foss, Founder, Nomorobo; Dave Summitt,
Chief Information Security Officer, H. Lee Moffitt Cancer Center &
Research Institute, Fellow for the Institute for Critical Infrastruc-
ture Technology; Margot Saunders, Senior Counsel, National Con-
sumer Law Center; and Patrick Halley, Senior Vice President, Ad-
vocacy and Regulatory Affairs, USTelecom—The Broadband Asso-
ciation.
On June 20, 2019, H.R. 3375 was introduced by Representative
Pallone and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on June 21, 2019.
On June 25, 2019, the Subcommittee met in open markup ses-
sion to consider H.R. 3375 and forwarded the bill to the full Com-
mittee on Energy and Commerce, amended, by a voice vote.
On July 17, 2019, the full Committee met in open markup ses-
sion to consider H.R. 3375, as amended by the Subcommittee, and
ordered the bill reported favorably to the House, amended, by a re-
corded vote of 48 yeas to 0 nays.
On July 23, 2019, the Committee on Energy and Commerce re-
ported H.R. 3375 to the House (H. Rept. 116–173). The next day,
H.R. 3375 was considered in the House under a motion to suspend
the Rules and passed by a recorded vote of 429 yeas and 3 nays
(Roll no. 502).
On July 25, 2019, the Senate received H.R. 3375.
No further action was taken on H.R. 3375 in the 116th Congress.
On May 23, 2019, a substantially similar bill, S. 151, passed the
Senate, amended, by a recorded vote of 97 yeas to 1 nay (Record
Vote Number: 127). On May 24, 2019, S. 151 was received in the
House and referred to the Committee on Energy and Commerce.
On December 4, 2019, the Committee on Energy and Commerce
was discharged from consideration of S. 151. That same day, the
House considered S. 151 under a motion to suspend the Rules, and
the bill passed, as amended, by a recorded vote of 417 yeas to 3
nays (Roll no. 647).
On December 5, 2019, the House amendment to S. 151 was re-
ceived by the Senate. On December 9, 2019, the Senate passed the
House amendment to S. 151 by a voice vote.
On December 20, 2019, S. 151 was presented to the President.
On December 30, 2019, S. 151 was signed into law by the President
(Public Law 116–105).
On June 13, 2019, H.R. 3264, the Ending One-Ring Scams Act
of 2019, was introduced by Representative Clarke (NY–09) and re-
ferred to the Committee on Energy and Commerce. The bill was
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subsequently referred to the Subcommittee on Communications
and Technology on June 14, 2019.
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On June 24, 2019, H.R. 3434, the Tracing Back and Catching
Unlawful Robocallers Act of 2019 was introduced by Representative
Butterfield (NC–01) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the Committee on
Communications and Technology on June 25, 2019.
On July 16, 2019, H.R. 3780, the Protecting Patients and Doctors
form Unlawful Robocalls Act of 2019, was introduced by Represent-
ative Dingell and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Communications and Telecommunications on July 17, 2019.
On January 23, 2019, H.R. 721, the Spam Calls Task Force Act
of 2019, was introduced by Representative Crist (FL–13) and re-
ferred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications
and Technology on January 25, 2019. On April 30, 2019, the Sub-
committee on Communications and Technology held a legislative
hearing on seven bills, including H.R. 721.
On April 29, 2019, H.R. 2386, the STOP Robocalls Act, was intro-
duced by Representative Latta and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Communications and Technology on April 30,
2019. On April 30, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills, including
H.R. 2386.
On March 6, 2019, H.R. 1575, the Robocall Enforcement En-
hancement Act of 2019, was introduced by Representative Van
Drew (NJ–02) and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Communications and Technology on March 7, 2019.
On April 30, 2019, the Subcommittee on Communications and
Technology held a legislative hearing on three bills, including H.R.
1575.
No further action was taken on these bills in the 116th Congress.
Provisions similar to those in H.R. 3264, H.R. 3434, H.R. 3780,
H.R. 721, H.R. 2386, and H.R. 1575 were included in H.R. 3375
and S. 151.
NATIONAL SUICIDE HOTLINE DESIGNATION ACT OF 2020
PUBLIC LAW 116–172 (S. 2661, H.R. 4194)
To amend the Communications Act of 1934 to designate 9–8–8 as
the universal telephone number for the purpose of the national sui-
cide prevention and mental health crisis hotline system operating
through the National Suicide Prevention Lifeline and through the
Veterans Crisis Line, and for other purposes.
Summary
This legislation requires the FCC to designate 9–8–8 as the uni-
versal telephone number for a national suicide prevention and
mental health crisis hotline. A state may impose and collect a fee
for providing 9–8–8 related services. However, this fee must be
held in a designated account to be spent only in support of 9–8–
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8 services, and the FCC must submit an annual report on state ad-
ministration of these fees.
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The Department of Health and Human Services and the Depart-
ment of Veterans Affairs must jointly report on how to make the
use of 9–8–8 operational and effective across the country, and HHS
must develop a strategy to provide access to competent, specialized
services for high-risk populations such as lesbian, gay, bisexual,
transgender, and queer (LGBTQ) youth; minorities; and rural indi-
viduals.
Legislative History
On August 20, 2019, H.R. 4194 was introduced by Representative
Stewart (UT–02) and referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the Subcommittee
on Communications and Technology on August 21, 2019.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills, including
H.R. 4194. The witnesses included Matthew Gerst, Vice President,
Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO, Behavioral
Health Link; Anthony Gossner, Fire Chief, City of Santa Rosa, CA;
Joseph Torres, Senior Director of Strategy and Engagement, Free
Press and Free Press Action; Daniel Henry, Regulatory Counsel
and Director of Government Affairs, National Emergency Number
Association; and Allen F. Bell, Distribution Manager, Georgia
Power Company.
On March 11, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 4194 and
forwarded the bill to the Committee on Energy and Commerce,
amended, by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual markup session to consider H.R. 4194 and ordered the
bill reported favorably to the House, amended, by a voice vote.
On May 13, 2020, the Senate considered substantially similar
legislation, S. 2661, and passed the bill, amended, by a voice vote.
On May 20, 2020, the House received S. 2661 and held the bill
at the desk. On September 21, 2020, the House considered S. 2661
under the suspension of the Rules and passed the bill, as amended,
by a voice vote.
On October 6, 2020, S. 2661 was presented to the President. On
October 17, 2020, S. 2661 was signed into law by the President
(Public Law 116–172).
THE CONSOLIDATED APPROPRIATIONS ACT, 2021
PUBLIC LAW 116–__ (H.R. 133, H.R. 451, H.R. 1328, H.R. 8545, S. 1294)
Making consolidated appropriations for the fiscal year ending
September 30, 2021, providing coronavirus emergency response and
relief, and for other purposes.
Summary
Section 902 of H.R. 133 incorporates H.R. 451, the ‘‘Don’t Break
Up the T-Band Act of 2020’’. This legislation repeals the require-
ment for the FCC to clear and auction critical public safety spec-
trum in the 470 to 512 megahertz band, commonly referred to as
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the T-band. It also directs the FCC to take steps to end 9–1–1 fee
diversion.
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Section 903 of H.R. 133 also incorporates H.R. 1328, the ‘‘AC-
CESS BROADBAND Act’’. The legislation establishes the Office of
Internet Connectivity and Growth (Office) at the National Tele-
communications and Information Administration. This Office would
be tasked with performing certain responsibilities related to
broadband access, adoption, and deployment, such as performing
public outreach to promote access and adoption of high-speed
broadband service, and standardizing the process for applying for
Federal broadband support. It also establishes coordination re-
quirements between agencies that offer broadband deployment
funding programs, to ensure Federal funds are spent efficiently and
effectively.
In addition, section 905 of H.R. 133 incorporates H.R. 8545, the
‘‘Beat CHINA for 5G Act of 2020’’. This legislation directs the
President, acting through the Assistant Secretary of Commerce for
Communications and Information, to withdraw or modify Federal
spectrum assignments in the 3450 to 3550 megahertz band. It also
directs the FCC to revise the non-Federal allocation of the band to
permit flexible-use services and to begin a system of competitive
bidding for a portion or all of the band no later than December 31,
2021.
Also, section 904 of H.R. 133 incorporates S. 1294, the
‘‘Broadband Interagency Coordination Act’’. This legislation re-
quires the FCC, the National Telecommunications and Information
Administration, and the Department of Agriculture to enter into an
interagency agreement to coordinate the distribution of Federal
funds for broadband programs, to prevent duplication of support,
and ensure stewardship of taxpayer dollars.
Legislative History
H.R. 133—On January 3, 2019, H.R. 133, the ‘‘United States-
Mexico Economic Partnership Act’’, was introduced by Representa-
tive Cuellar and referred to the Committee on Foreign Affairs. On
January 10, 2019, the House considered H.R. 133 under a motion
to suspend the Rules and passed H.R. 133 by a voice vote. On Jan-
uary 15, 2020, the Senate passed H.R. 133, amended, by unani-
mous consent.
On December 21, 2020, the House passed an amendment to the
Senate amendment to H.R. 133 with portions of an amendment
comprising divisions B, C, E, and F by a recorded vote of 327 yeas
and 85 nays (Roll no. 250) and an amendment to the Senate
amendment to H.R. 133 (except divisions B, C, E, and F) by a re-
corded vote of 359 yeas and 53 nays (Roll no. 251). That same day,
the House pass the Senate amendment to H.R. 133 with amend-
ment by unanimous consent.
On December 21, 2020, the Senate passed the House amendment
to the Senate amendment to H.R. 133 by a recorded vote of 92 yeas
to 6 nays (Recorded Vote Number: 289). On December 27, 2020, the
President signed H.R. 133 into law. The Public Law number had
not been assigned when this report was filed.
H.R. 451—On January 10, 2019, H.R. 451, the ‘‘Don’t Break Up
the T-Band Act of 2020’’, was introduced by Representative Engel
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(NY–16) and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
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munications and Technology on January 25, 2019. On February 27,
2020, the Subcommittee on Communications and Technology held
a legislative hearing on eight bills, including H.R. 451. Testimony
was received from Matthew Gerst, Vice President, Regulatory Af-
fairs, CTIA; Sue Ann Atkerson, CEO, Behavioral Health Link; An-
thony Gossner, Fire Chief, City of Santa Rosa, CA; Joseph Torres,
Senior Director of Strategy and Engagement, Free Press and Free
Press Action; Daniel Henry, Regulatory Counsel and Director of
Government Affairs, National Emergency Number Association; and
Allen F. Bell, Distribution Manager, Georgia Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 451 and
forwarded the bill, amended, to the full Committee on Energy and
Commerce by a voice vote.
On July 15, 2020, the full Committee met in virtual open mark-
up session to consider H.R. 451, as amended by the Subcommittee,
and ordered the bill reported favorably to the House, as amended,
by a voice vote.
On September 18, 2020, the Committee on Energy and Com-
merce reported H.R. 451 to the House (H. Rept. 116–521) and the
bill was placed on the Union Calendar (Calendar No. 421).
On September 21, 2020, the House considered H.R. 451 under a
motion to suspend the Rules and passed the bill, as amended, by
a recorded vote of 410 yeas and 5 nays on September 23, 2020.
On September 24, 2020, the Senate received H.R. 451, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation. No further action was taken on
the bill H.R. 451 in the 116th Congress. For further action related
to this legislation, see H.R. 133.
H.R. 1328—On February 25, 2019, H.R. 1328, the ‘‘ACCESS
BROADBAND Act’’, was introduced by Representative Tonko and
the bill was referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on February 26, 2019.
On May 8, 2019, the House considered H.R. 1328 under a motion
to suspend the Rules and the bill passed, as amended, by a voice
vote.
On May 9, 2019, the Senate received H.R. 1328, read the bill
twice, and referred the bill to the Senate Committee on Commerce,
Science, and Transportation. For further action related to this leg-
islation, see H.R. 133.
H.R. 8545—On October 6, 2020, H.R. 8545, the ‘‘Beat CHINA for
5G Act of 2020’’, was introduced by Representative Walden and re-
ferred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications
and Technology on October 7, 2020. For further action related to
this legislation, see H.R. 133.
H.R. 451, H.R. 1328, and H.R. 8545 were incorporated into H.R.
133, which was signed into law on December 27, 2020.
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MOVING FORWARD ACT
H.R. 2
(H.R. 1328, H.R. 1693, H.R. 2760, H.R. 2785, H.R. 3278, H.R. 4127, H.R. 4486,
H.R. 6563, H.R. 6881, H.R. 8665)
To authorize funds for Federal-aid highways, highway safety pro-
grams, and transit programs, and for other purposes.
Summary
Section 31101 of H.R. 2 incorporates H.R. 1328, the ‘‘ACCESS
BROADBAND Act’’. The legislation establishes the Office of Inter-
net Connectivity and Growth within the National Telecommuni-
cations and Information Administration.
Section 31341 of H.R. 2 incorporates H.R. 1693, a bill to require
the Federal Communications Commission to make the provision of
Wi-Fi access on school buses eligible for E-rate support. This legis-
lation requires that the provision of Wi-Fi access on school buses
be made eligible for support under the E-Rate programs, which al-
lots broadband discounts to schools and libraries.
Section 31601 of H.R. 2 incorporates H.R. 2760, the ‘‘Next Gen-
eration 9–1–1 Act of 2019’’. The legislation establishes a Federal
grant program to help state and local governments deploy next
generation (interoperable, secure, Internet Protocol-based) 9–1–1
systems across the United States, enabling emergency call centers
to receive, process, and analyze all types of 9–1–1 requests for
emergency aid.
Section 31401 of H.R. 2 incorporates H.R. 2785, the ‘‘Community
Broadband Act of 2019’’. This legislation prohibits state and local
entities from blocking the provision of broadband by public pro-
viders or public-private partnership providers. Further, public pro-
viders and state or local entities participating in such a partner-
ship must administer applicable ordinances and rules without dis-
crimination against competing private providers.
Section 31301 of H.R. 2 incorporates H.R. 3278, the ‘‘Connect
America Act of 2019’’. This legislation requires the FCC to estab-
lish a funding program to expand broadband access for unserved
and underserved areas and unserved anchor institutions, such as
schools or libraries. The program shall consist of both a national
reverse auction and population-based grants to states.
Section 31321 of H.R. 2 incorporates H.R. 4127, the ‘‘Broadband
Infrastructure Finance and Innovation Act of 2019’’. This legisla-
tion requires the National Telecommunications and Information
Administration to make financing available for the construction
and deployment of broadband infrastructure through a broadband
infrastructure finance and innovation program. Specifically, the bill
provides a means for communities and public-private partnerships
to apply for low-interest secured loans, lines of credit, or loan guar-
antees to finance broadband infrastructure investments.
Section 31121 of H.R. 2 incorporates H.R. 4486, the ‘‘Digital Eq-
uity Act of 2019’’. This legislation requires the National Tele-
communications and Information Administration to establish grant
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programs for promoting digital equity, supporting digital inclusion
activities, and building capacity for state-led efforts to increase
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adoption of broadband by their residents. Specifically, the bill es-
tablishes the State Digital Equity Capacity Grant Program to make
distributions to states based on their populations, demographics,
and availability and adoption of broadband. The bill also estab-
lishes the Digital Equity Competitive Grant Program for sup-
porting efforts to achieve digital equity, promote digital inclusion,
and stimulate adoption of broadband.
Section 31161 of H.R. 2 incorporates H.R. 6563, the ‘‘Emergency
Educational Connections Act of 2020’’. This legislation establishes
and provides funding for the Emergency Connectivity Fund, from
which the FCC must provide support for certain schools or libraries
to purchase specified telecommunications equipment. Specifically,
the FCC shall provide funds to certain elementary schools, sec-
ondary schools, or libraries to purchase telecommunications equip-
ment or services (e.g., Wi-Fi hotspots, modems, and routers) for use
by students, staff, or patrons at locations that include locations
other than the schools or libraries. Priority must be given to stu-
dents, staff, or patrons who do not have access to such equipment
or services. Funding recipients are authorized to use purchased
equipment for appropriate purposes but may not sell or transfer
such equipment for anything of value, except for upgraded equip-
ment of the same type.
Section 31141 of H.R. 2 incorporates H.R. 6881, the ‘‘Emergency
Broadband Connections Act of 2020’’. This legislation establishes a
program to provide eligible households a discount on internet serv-
ice, upon request by a member of such household, and creates a
fund at the FCC to reimburse providers the cost of providing such
discount. The legislation also allows providers to seek a reimburse-
ment for providing low-cost devices such as computers and tablets
to eligible households.
Section 31701 of H.R. 2 incorporates H.R. 8665, the ‘‘Extending
Tribal Broadband Priority Act of 2020’’. The legislation directs the
FCC to establish a new Tribal priority window to apply for use of
spectrum in the 2.5 gigahertz band.
Legislative History
On June 11, 2020, H.R. 2 was introduced by Representative
DeFazio (OR–04) and referred to the Committee on Transportation
and Infrastructure.
On July 1, 2020, H.R. 2 was considered in the House pursuant
to the provisions of H. Res. 1028 and the bill, as amended, was
passed by a recorded vote of 233 yeas to 188 nays (Roll Call No.
138).
On July 20, 2020, H.R. 2 was received in the Senate.
No further action was taken on H.R. 2 in the 116th Congress.
H.R. 2 contains provisions of the following bills: H.R. 1328, the
‘‘ACCESS BROADBAND Act’’, introduced by Representative Tonko;
H.R. 1693, a bill to require the Federal Communications Commis-
sion to make the provision of Wi-Fi access on school buses eligible
for E-rate support, introduced by Representative Luján; H.R. 2760,
the ‘‘Next Generation 9–1–1 Act of 2019’’, introduced by Represent-
ative Eshoo (CA–18); H.R. 2785, the ‘‘Community Broadband Act of
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2019’’, introduced by Representative Eshoo; H.R. 3278, the ‘‘Con-
nect America Act of 2019’’, introduced by Representative Loebsack;
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H.R. 4127, the ‘‘Broadband Infrastructure Finance and Innovation
Act of 2019’’, introduced by Representative Luján; H.R. 4486, the
‘‘Digital Equity Act of 2019’’, introduced by Representative McNer-
ney; H.R. 6563, the ‘‘Emergency Educational Connections Act of
2020’’, introduced by Representative Meng; H.R. 6881, the ‘‘Emer-
gency Broadband Connections Act of 2020’’, introduced by Rep-
resentative Veasey (TX–33); and H.R. 8665, the ‘‘Extending Tribal
Broadband Priority Act of 2020’’, introduced by Representative
Haaland.
PHONE ACT OF 2020
H.R. 1289
To amend the Communications Act of 1934 to provide for a mora-
torium on number reassignment after a disaster declaration, and
for other purposes.
Summary
This legislation would prohibit providers of fixed wireline voice
service from reassigning, rescinding, or otherwise modifying sub-
scribers’ phone numbers in the aftermath of a major disaster dec-
laration by the President, among other things.
Legislative History
On February 14, 2019, H.R. 1289 was introduced by Representa-
tive Thompson (CA–05) and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the Sub-
committee on Communications and Technology on February 15,
2019.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills, including
H.R. 1289. The witnesses included Matthew Gerst, Vice President,
Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO, Behavioral
Health Link; Anthony Gossner, Fire Chief, City of Santa Rosa, CA;
Joseph Torres, Senior Director of Strategy and Engagement, Free
Press and Free Press Action; Daniel Henry, Regulatory Counsel
and Director of Government Affairs, National Emergency Number
Association; and Allen F. Bell, Distribution Manager, Georgia
Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology held an open markup session on H.R. 1289 and for-
warded the bill to the Committee on Energy and Commerce,
amended, by a voice vote.
On September 9, 2020, the Committee on Energy and Commerce
met in virtual open markup session to consider H.R. 1289 and or-
dered the bill reported favorably to the House, amended, by a voice
vote.
On September 29, 2020, the Committee on Energy and Com-
merce reported H.R. 1289 to the House (H. Rept. 116–541). That
same day, the House considered H.R. 1289 under a motion to sus-
pend the Rules and passed the bill, as amended, by a voice vote.
On September 30, 2020, the Senate received H.R. 1289, read the
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bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation.
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No further action was taken on H.R. 1289 in the 116th Congress.
SAVE THE INTERNET ACT OF 2019
H.R. 1644
To restore the open internet order of the Commission.
Summary
This legislation would codify the FCC’s 2015 Open Internet
Order.
Legislative History
On March 8, 2019, H.R. 1644 was introduced by Representative
Doyle and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on March 9, 2019.
On March 26, 2019, the Subcommittee on Communications and
Technology held a legislative hearing on H.R. 1644. The witnesses
included Francella Ochillo, Vice President of Policy and General
Counsel, National Hispanic Media Coalition; Matt Wood, Vice
President of Policy and General Counsel, Free Press Action; Greg-
ory Green, Chief Executive Officer, Fatbeam; and Robert M.
McDowell, Senior Fellow, Hudson Institute, Partner, Cooley LLP.
On March 26, 2019, the Subcommittee met in open markup ses-
sion to consider H.R. 1644 and forwarded the bill to the Committee
on Energy and Commerce, without amendment, by a recorded vote
of 18 yeas and 11 nays.
On April 3, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1644 and ordered the bill
reported favorably to the House, amended, by recorded vote of 30
yeas to 22 nays.
On April 5, 2019, the Committee on Energy and Commerce re-
ported H.R. 1644 to the House (H. Rept. 116–34). On April 9, 2019,
the House considered H.R. 1644 pursuant to the provisions of rule
H. Res. 294 and passed the bill, amended, by a recorded vote of 232
yeas and 190 nays (Roll No. 167).
On April 11, 2019, H.R. 1644 was received in the Senate and
placed on the Legislative Calendar under General Orders (Cal-
endar No. 74).
No further action was taken on H.R. 1644 in the 116th Congress.
E-FRONTIER ACT
H.R. 2063
To prohibit the President or a Federal agency from constructing,
operating, or offering wholesale or retail services on broadband net-
works without authorization from Congress, and for other pur-
poses.
Summary
This legislation would prohibit the President or any Federal
agency from constructing or operating broadband networks or pro-
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viding wholesale or retail service on a broadband network without
prior authorization from Congress.
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Legislative History
On April 3, 2019, H.R. 2063 was introduced by Representative
Cárdenas and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on April 4, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on H.R. 2063 and six
other bills. The witnesses included John Nettles, President, Pine
Belt Wireless; Harold Feld, Senior Vice President, Public Knowl-
edge; Dean R. Brenner, Senior Vice President, Spectrum Strategy
and Tech Policy, Qualcomm Incorporated; and Bobbie Stempfley,
Managing Director, CERT Division, Software Engineering Insti-
tute, Carnegie Mellon University.
No further action was taken on H.R. 2063 in the 116th Congress.
BROADBAND MAPS ACT OF 2019
H.R. 2643
To direct the FCC to establish a challenge process to verify fixed
and mobile broadband service coverage data.
Summary
This legislation would require the FCC to establish a challenge
process to be used to verify the collection and use of fixed and mo-
bile broadband service coverage data submitted to the FCC by pri-
vate entities and governmental entities to verify fixed and mobile
broadband coverage.
Legislative History
On May 9, 2019, H.R. 2643 was introduced by Representative
Latta and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on May 10, 2019.
On September 11, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on six bills, including
H.R. 2643. The witnesses included James M. Assey, Executive Vice
President, NCTA—The Internet & Television Association; Shirley
Bloomfield, Chief Executive Officer, NTCA—The Rural Broadband
Association; Dana J. Floberg, Policy Manager, Free Press & Free
Press Action; Jonathan Spalter, President and CEO, US Telecom
Association; Grant Spellmeyer, Vice President, Federal Affairs &
Public Policy, U.S. Cellular; and James W. Stegeman, President/
CEO, CostQuest Associates.
No further action was taken on H.R. 2643 in the 116th Congress.
LEADING INFRASTRUCTURE FOR TOMORROW’S AMERICA ACT
H.R. 2741 (H.R. 2760, H.R. 3278, H.R. 4127)
To rebuild and modernize the Nation’s infrastructure to expand
access to broadband and Next Generation 9–1–1, rehabilitate
drinking water infrastructure, modernize the electric grid and en-
ergy supply infrastructure, redevelop brownfields, strengthen
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health care infrastructure, create jobs, and protect public health
and the environment, and for other purposes.
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Summary
Section 12001 of H.R. 2741 incorporates H.R. 2760, the ‘‘Next
Generation 9–1–1 Act of 2019’’. The legislation establishes a Fed-
eral grant program to help state and local governments deploy next
generation (interoperable, secure, Internet Protocol-based) 9–1–1
systems across the United States, enabling emergency call centers
to receive, process, and analyze all types of 9–1–1 requests for
emergency aid.
Section 14 of H.R. 2741 incorporates H.R. 3278, the ‘‘Connect
America Act of 2019’’. This legislation requires the FCC to estab-
lish a funding program to expand broadband access for unserved
and underserved areas and unserved anchor institutions, such as
schools or libraries. The program shall consist of both a national
reverse auction and population-based grants to states.
Section 11001 of H.R. 2741 incorporates H.R. 4127, the
‘‘Broadband Infrastructure Finance and Innovation Act of 2019’’.
The legislation requires the National Telecommunications and In-
formation Administration to make financing available for the con-
struction and deployment of broadband infrastructure through a
broadband infrastructure finance and innovation program. Specifi-
cally, the bill provides a means for communities and public-private
partnerships to apply for low-interest secured loans, lines of credit,
or loan guarantees to finance broadband infrastructure invest-
ments.
Legislative History
On May 15, 2019, H.R. 2741 was introduced by Representative
Pallone and referred to the Committee on Energy and Commerce,
and in addition to the Committees on Natural Resources, Science,
Space, and Technology, Ways and Means, Transportation and In-
frastructure, and Education and Labor On May 22, 2019, the Com-
mittee on Energy and Commerce held a legislative hearing on H.R.
2741. The witnesses included Mignon L. Clyburn, Principal, MLC
Strategies, LLC; John Auerbach, MBA, President and CEO, Trust
for America’s Health; Jessica Eckdish, Legislative Director,
BlueGreen Alliance; the Honorable Brian Wahler, Mayor,
Piscataway Township New Jersey, on behalf of the U.S. Conference
of Mayors; Daniel Lyons, Visiting Fellow, American Enterprise In-
stitute (AEI); and Christopher Guith, Acting President, Global En-
ergy Institute, U.S. Chamber of Commerce.
No further action was taken on H.R. 2741 in the 116th Congress.
On May 15, 2019, H.R. 2760 was introduced by Representative
Eshoo and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on May 16, 2019.
No further action was taken on H.R. 2760 in the 116th Congress.
On June 13, 2019, H.R. 3278 was introduced by Representative
Loebsack and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on June 14, 2019.
No further action was taken on H.R. 3278 in the 116th Congress.
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On July 30, 2019, H.R. 4127 was introduced by Representative
Luján and referred to the Committee on Energy and Commerce.
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The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on July 31, 2019.
No further action was taken on H.R. 4127 in the 116th Congress.
The provisions of H.R. 2760, H.R. 3278, and H.R. 4127 were in-
cluded in H.R. 2741.
WIRELESS INFRASTRUCTURE RESILIENCY DURING EMERGENCIES AND
DISASTER ACT
H.R. 3836
To amend section 332 of the Communications Act of 1934 to in-
clude public safety requirements in terms and conditions states
may require of mobile services.
Summary
This legislation would amend the Communications Act to specify
that state and local governments may impose reasonable require-
ments to promote resilient wireless communications infrastructure
for situational awareness during a natural disaster.
Legislative History
On July 18, 2019, H.R. 3836 was introduced by Representative
Eshoo and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on July 19, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills, including
H.R. 3836. The witnesses included John Nettles, President, Pine
Belt Wireless; Harold Feld, Senior Vice President, Public Knowl-
edge; Dean R. Brenner, Senior Vice President, Spectrum Strategy
and Tech Policy, Qualcomm Incorporated; and Bobbie Stempfley,
Managing Director, CERT Division, Software Engineering Insti-
tute, Carnegie Mellon University.
No further action was taken on H.R. 3836 in the 116th Congress.
EXPANDING BROADCAST OWNERSHIP OPPORTUNITIES ACT OF 2019
H.R. 3957
To direct the Commission to take certain actions to increase di-
versity of ownership in the broadcasting industry, and for other
purposes.
Summary
This legislation would reinstate the tax certificate program at
FCC. The program had incentivized broadcast station sales to
women and members of minority groups and encouraged invest-
ment of capital in stations owned by women and members of mi-
nority groups. The bill would also require the FCC to make rec-
ommendations to Congress for increasing the number of broadcast
stations owned by women and members of minority groups and
submit to Congress a report every two years stating the total num-
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ber of women- and minority-owned broadcast stations.
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Legislative History
On July 25, 2019, H.R. 3957 was introduced by Representative
Butterfield and referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Ways and Means. The
bill was subsequently referred to the Subcommittee on Communica-
tions and Technology that same day. On January 15, 2020, the
Subcommittee on Communications and Technology held a legisla-
tive hearing on four bills, including H.R. 3957. The witnesses in-
cluded Maurita Coley, Esq., President and CEO, Multicultural
Media, Telecom, and Internet Council; Clint Odom, Senior Vice
President, Advocacy & Policy, Executive Director, Washington Bu-
reau, National Urban League; Catherine J.K. Sandoval, Associate
Professor, Santa Clara University School of Law; and Diane Sutter,
President/CEO, ShootingStar Inc.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 3957 and
forwarded the bill, amended, to the full Committee on Energy and
Commerce.
On September 9, 2020, the full Committee met in virtual open
markup session to consider H.R. 3957 and ordered the bill reported
favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 3957 in the 116th Congress.
MAP IMPROVEMENT ACT OF 2019
H.R. 4128
To improve the collection and aggregation of fixed and mobile
broadband internet service coverage data, and for other purposes.
Summary
This legislation would require the FCC, in coordination with the
NTIA, to establish a standardized methodology for collecting and
mapping fixed and mobile broadband internet service coverage data
in the United States. The bill would also require a standardized
challenge process to verify coverage data from providers and chal-
lenge any aspects of the data believed to be inaccurate. The FCC
would be required to establish an Office of Broadband Data Collec-
tion and Mapping within the Commission to serve as the central
point of data collection, aggregation, and validation. The NTIA
would be required to establish a technical assistance program
under which the Assistant Secretary of Commerce for Communica-
tions and Information would provide grants to state and local enti-
ties to assist with data collection.
Legislative History
On July 30, 2019, H.R. 4128 was introduced by Representatives
Luján and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on July 31, 2019.
On September 11, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on six bills, including
H.R. 4128. The witnesses included James M. Assey, Executive Vice
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President, NCTA—The Internet & Television Association; Shirley
Bloomfield, Chief Executive Officer, NTCA—The Rural Broadband
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Association; Dana J. Floberg, Policy Manager, Free Press & Free
Press Action; Jonathan Spalter, President and CEO, US Telecom
Association; Grant Spellmeyer, Vice President, Federal Affairs &
Public Policy, U.S. Cellular; and James W. Stegeman, President/
CEO, CostQuest Associates.
No further action was taken on H.R. 4128 in the 116th Congress.
NETWORK SECURITY INFORMATION SHARING ACT OF 2019
H.R. 4461
To direct the Secretary of Homeland Security to establish a pro-
gram to share information regarding supply chain security risks
with trusted providers of advanced communications service and
trusted suppliers of communications equipment or services, and for
other purposes.
Summary
This legislation would direct the Director of the Federal Bureau
of Investigation, NTIA, and the FCC, to establish a program to
share supply chain security risks with advanced communications
service providers and trusted suppliers of telecommunications
equipment and services.
Legislative History
On September 24, 2019, H.R. 4461 was introduced by Represent-
ative Kinzinger (IL–16) and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the Sub-
committee on Communications and Technology on September 25,
2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills, including
H.R. 4461. The witnesses included John Nettles, President, Pine
Belt Wireless; Harold Feld, Senior Vice President, Public Knowl-
edge; Dean R. Brenner, Senior Vice President, Spectrum Strategy
and Tech Policy, Qualcomm Incorporated; and Bobbie Stempfley,
Managing Director, CERT Division, Software Engineering Insti-
tute, Carnegie Mellon University.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session for consideration of
H.R. 4461 and forwarded the bill to the Committee on Energy and
Commerce, amended, by a voice vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 4461 and ordered the
bill reported favorably to the House, as amended, by a voice vote.
No further action was taken on H.R. 4461 in the 116th Congress.
PROMOTING UNITED STATES WIRELESS LEADERSHIP ACT OF 2019
H.R. 4500
To direct the Assistant Secretary for Communications and Infor-
mation to take certain actions to enhance the representation of the
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United States and promote United States leadership in commu-
nications standards-setting bodies, and for other purposes.
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Summary
This legislation would direct the Assistant Secretary for Commu-
nications and Information for the Department of Commerce to take
certain actions to enhance the representation of the United States
and promote United States leadership in communications stand-
ards-setting bodies.
Legislative History
On September 26, 2019, H.R. 4500 was introduced by Represent-
ative Walberg (MI–07) and referred to the Committee on Energy
and Commerce, and in addition to the Committee on Foreign Af-
fairs. The bill was subsequently referred to the Subcommittee on
Communications and Technology on September 27, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills, including
H.R. 4500. The witnesses included John Nettles, President, Pine
Belt Wireless; Harold Feld, Senior Vice President, Public Knowl-
edge; Dean R. Brenner, Senior Vice President, Spectrum Strategy
and Tech Policy, Qualcomm Incorporated; and Bobbie Stempfley,
Managing Director, CERT Division, Software Engineering Insti-
tute, Carnegie Mellon University.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session for consideration of
H.R. 4500 and forwarded the bill to the Committee on Energy and
Commerce, amended, by voice vote.
On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 4500 and ordered the
bill reported favorably to the House, amended, by a voice vote.
On January 7, 2020, the Committee on Energy and Commerce
reported H.R. 4500 to the House (H. Rept. 116–367). On January
8, 2020, the House considered H.R. 4500 under suspension of the
Rules and the bill passed, as amended, by a voice vote.
On January 9, 2020, the Senate received H.R. 4500, read the bill
twice, and referred it to the Senate Committee on Commerce,
Science, and Transportation.
No further action was taken on H.R. 4500 in the 116th Congress.
C-BAND ACT
H.R. 4855
To amend the Communications Act of 1934 to provide for an auc-
tion of C-Band spectrum, and for other purposes.
Summary
This legislation would require the FCC to conduct a public auc-
tion of no less than 200 MHz and no more than 300 MHz of C-band
spectrum by September 30, 2022. The bill would also protect C-
band-dependent users by requiring that they continue to receive
equal or better service throughout and after the transition process.
Legislative History
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On October 24, 2019, H.R. 4855 was introduced by Representa-
tive Doyle and referred to the Committee on Energy and Com-
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merce. The bill was subsequently referred to the Subcommittee on
Communications and Technology on October 26, 2019.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 4855 and
forwarded the bill, without amendment, to the Committee on En-
ergy and Commerce.
No further action was taken on H.R. 4855 in the 116th Congress.
STUDYING HOW TO HARNESS AIRWAVE RESOURCES EFFICIENTLY ACT
OF 2019
H.R. 5000 (H.R. 4462)
To amend the National Telecommunications and Information Ad-
ministration Organization Act to provide for the establishment of
an electromagnetic spectrum sharing research and development
program and an integrated spectrum automation enterprise strat-
egy, and for other purposes.
Summary
This legislation would require the NTIA, in consultation with the
FCC, to establish a spectrum sharing and prototyping program and
test bed to explore new ways for Federal entities to share spectrum
with other Federal entities. The legislation would authorize $50
million for NTIA to establish the spectrum sharing prototyping and
test bed program. It would also require NTIA and the FCC, in con-
sultation with the National Institute of Standards and Technology,
to submit a report to Congress on how to improve and expand the
spectrum sharing techniques developed for the 3.5 GHz band, or
other spectrum sharing strategies, and consider their applicability
to other bands, including 3.1 GHz to 3.55 GHz and 7.1 GHz to 8.4
GHz, among other considerations.
Legislative History
On September 24, 2019, H.R. 4462 was introduced by Represent-
ative Doyle and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Communications and Technology on September 25, 2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven bills, including
H.R. 4462. The witnesses included John Nettles, President, Pine
Belt Wireless; Harold Feld, Senior Vice President, Public Knowl-
edge; Dean R. Brenner, Senior Vice President, Spectrum Strategy
and Tech Policy, Qualcomm Incorporated; and Bobbie Stempfley,
Managing Director, CERT Division, Software Engineering Insti-
tute, Carnegie Mellon University.
On November 8, 2019, H.R. 5000 was introduced by Representa-
tive Doyle in lieu of a similar bill, H.R. 4462, and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Communications and Technology
on November 9, 2019.
On November 14, 2019, the Subcommittee on Communications
and Technology met in open markup session to consider H.R. 5000
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and forwarded the bill to the Committee on Energy and Commerce,
without amendment, by a voice vote.
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On November 20, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 5000 and ordered the
bill reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 5000 in the 116th Congress.
ENHANCING BROADCASTER DIVERSITY DATA ACT
H.R. 5564
To amend the Communications Act of 1934 to provide for certain
requirements with respect to ownership and diversity reporting for
television broadcast stations and cable operators, and for other pur-
poses.
Summary
The legislation would require the FCC to complete its rule-
making reviewing the FCC’s broadcast and cable equal employment
opportunity rules. The bill would also prohibit the FCC from sub-
stantially revising broadcast ownership data reporting require-
ments and requires the FCC to include an analysis of the data in
its communications marketplace report. The bill also requires the
FCC to create a public, searchable database of the broadcast own-
ership data collected by the FCC.
Legislative History
On January 9, 2020, H.R. 5564 was introduced by Representative
Clarke and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on January 10, 2020.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 5564 and
forwarded the bill, amended, to the full Committee on Energy and
Commerce.
On September 9, 2020, the full Committee met in virtual open
markup session to consider H.R. 5564 and ordered the bill reported
favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 5564 in the 116th Congress.
MEDIA DIVERSITY ACT OF 2020
H.R. 5567
To amend the Communications Act of 1934 to require the Com-
mission to consider market entry barriers for socially disadvan-
taged individuals in the communications marketplace report under
section 13 of such Act.
Summary
The legislation is to require the FCC to consider market entry
barriers in the communications marketplace for socially disadvan-
taged individuals.
Legislative History
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On January 9, 2020, H.R. 5567 was introduced by Representative
Long (MO–07) and referred to the Committee on Energy and Com-
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merce. The bill was subsequently referred to the Subcommittee on
Communications and Technology on January 10, 2020.
On January 15, 2020, the Subcommittee on Communications and
Technology held a legislative hearing on four bills, including H.R.
5567. The witnesses included Maurita Coley, Esq., President and
CEO, Multicultural Media, Telecom, and Internet Council; Clint
Odom, Senior Vice President, Advocacy & Policy, Executive Direc-
tor, Washington Bureau, National Urban League; Catherine J.K.
Sandoval, Associate Professor, Santa Clara University School of
Law; and Diane Sutter, President/CEO, ShootingStar Inc.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 5567 and
forwarded the bill, without amendment, to the Committee on En-
ergy and Commerce by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 5567 and ordered
the bill reported favorably to the House, without amendment, by a
voice vote.
On September 18, 2020, the Committee on Energy and Com-
merce reported H.R. 5567 to the House (H. Rept. 116–523). On Sep-
tember 21, 2020, the House considered H.R. 5567 under suspension
of the Rules and passed the bill, without amendment, by a voice
vote.
On September 22, 2020, the Senate received H.R. 5567, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation.
No further action was taken on H.R. 5567 in the 116th Congress.
TO DIRECT THE FEDERAL COMMUNICATIONS COMMISSION TO ISSUE
REPORTS AFTER THE ACTIVATION OF THE DISASTER INFORMATION
REPORTING SYSTEM AND TO MAKE IMPROVEMENTS TO NETWORK
OUTAGE REPORTING
H.R. 5918
To direct the Commission to issue reports after activation of the
Disaster Information Reporting System and to make improvements
to network outage reporting.
Summary
This legislation would require the FCC to issue reports and hold
at least one field hearing when the Disaster Information Reporting
System has been active for at least seven days. H.R. 5918 would
also require the FCC to conduct a proceeding to improve sharing
of network outage information between communications service
providers and public safety answering points (PSAPs).
Legislative History
On February 14, 2020, H.R. 5918 was introduced by Representa-
tive Matsui and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Communications and Technology on February 15, 2020.
On February 27, 2020, the Subcommittee on Communications
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and Technology held a legislative hearing on eight bills, including
H.R. 5918. The witnesses included Matthew Gerst, Vice President,
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Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO, Behavioral
Health Link; Anthony Gossner, Fire Chief, City of Santa Rosa, CA;
Joseph Torres, Senior Director of Strategy and Engagement, Free
Press and Free Press Action; Daniel Henry, Regulatory Counsel
and Director of Government Affairs, National Emergency Number
Association; and Allen F. Bell, Distribution Manager, Georgia
Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 5918 and
forwarded the bill, without amendment, to the Committee on En-
ergy and Commerce by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 5918 and ordered
the bill reported favorably to the House, amended, by a voice vote.
On September 18, 2020, the Committee on Energy and Com-
merce reported H.R. 5918 to the House (H. Rept. 116–522). On Sep-
tember 21, 2020, the House considered H.R. 5918 under suspension
of the Rules and the bill passed, amended, by a voice vote.
On September 22, 2020, the Senate received H.R. 5918, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation.
No further action was taken on H.R. 5918 in the 116th Congress.
RESILIENT NETWORKS ACT
H.R. 5926
To amend the Communications Act of 1934 to provide for expe-
dient restoration of advanced communications service networks
during times of emergency, and for other purposes.
Summary
This legislation would require the FCC to adopt rules requiring
pre-planned coordination agreements among advanced communica-
tions service providers to take effect during times of emergency, in-
cluding roaming agreements and mutual aid arrangements. The
RESILIENT Networks Act would direct the FCC to adopt rules to
improve coordination between communications providers and
PSAPs, as well as covered public safety entities. The bill includes
mechanisms to ensure that these first responders are provided with
network outage data to help guide disaster response.
The FCC, in consultation with the Secretary of Energy, would be
required to establish a master point-of-contact directory to facili-
tate communication between PSAPs, utilities, and communications
service providers. Under the RESILIENT Networks Act, the FCC,
in consultation with the Secretary of Energy and the Secretary of
Homeland Security, would also have to ensure that providers of ad-
vanced communications service take measures to integrate backup
power, including generators and batteries, into their networks for
times of emergency and pre-planned power downs.
The FCC, in consultation with the Secretary of Energy and Sec-
retary of Homeland Security, would also be required to issue best
practices for coordination between communications service pro-
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viders and utilities for times of emergency and during pre-planned
power downs. The Act would also create a process whereby utilities
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and providers of advanced communications service can share infor-
mation so utilities can prioritize reenergizing the most critical com-
munications networks.
To help stop accidental network line-cuts following emergencies,
the RESILIENT Networks Act would require the FCC to issue a re-
port to Congress on the effectiveness and feasibility of expanding
one-call notification systems to include advanced communications
services. The bill would also require the FCC to study, and issue
rules, that account for and leverage 5G wireless networks’ par-
ticular challenges and their inherent advantages in times of emer-
gency.
Finally, the bill would require the Comptroller General to audit
the FCC’s response to the 2017 Hurricane Season in Puerto Rico.
The Comptroller General then must publish a report of this audit,
including findings and recommendations, and the FCC must take
action to address issues raised in the Comptroller General’s report.
Legislative History
On February 18, 2020, H.R. 5926 was introduced by Representa-
tive Pallone and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Communications and Technology on February 19, 2020.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills, including
H.R. 5926. The witnesses included Matthew Gerst, Vice President,
Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO, Behavioral
Health Link; Anthony Gossner, Fire Chief, City of Santa Rosa, CA;
Joseph Torres, Senior Director of Strategy and Engagement, Free
Press and Free Press Action; Daniel Henry, Regulatory Counsel
and Director of Government Affairs, National Emergency Number
Association; and Allen F. Bell, Distribution Manager, Georgia
Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 5926 and
forwarded the bill, without amendment, to the Committee on En-
ergy and Commerce by a voice vote.
No further action was taken on H.R. 5926 in the 116th Congress.
FIRST RESPONDER ACT OF 2020
H.R. 5928
To repeal the requirement to reallocate and auction the T-Band
spectrum, to amend the Wireless Communications and Public Safe-
ty Act of 1999 to clarify acceptable 9–1–1 obligations or expendi-
tures, and for other purposes.
Summary
This legislation would repeal the requirement on the FCC to re-
allocate and auction the 470 through 512 MHz spectrum band, also
known as the T-Band. The bill would also instruct the FCC to issue
rules designating specific purposes and functions that are consid-
ered acceptable expenditures of state-collected 9–1–1 fees. The
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FIRST RESPONDER Act also directs the FCC to establish the
‘‘Ending 9–1–1 Fee Diversion Now Strike Force’’ (Strike Force) to
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consider whether existing Federal laws and regulations, as well as
the prospect of new criminal penalties, are effective mechanisms
for ending the practice by states of diverting 9–1–1 fees for non-
9–1–1 related purposes. In addition to the FCC’s annual report to
Congress on 9–1–1 fees, the FIRST RESPONDER Act would re-
quire the Strike Force to submit a report to Congress with rec-
ommendations for ending diversion of 9–1–1 fees by states.
Legislative History
On February 18, 2020, H.R. 5928 was introduced by Representa-
tive Walden and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Communications and Technology on February 19, 2020.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills, including
H.R. 5928. The witnesses included Matthew Gerst, Vice President,
Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO, Behavioral
Health Link; Anthony Gossner, Fire Chief, City of Santa Rosa, CA;
Joseph Torres, Senior Director of Strategy and Engagement, Free
Press and Free Press Action; Daniel Henry, Regulatory Counsel
and Director of Government Affairs, National Emergency Number
Association; and Allen F. Bell, Distribution Manager, Georgia
Power Company.
No further action was taken on H.R. 5928 in the 116th Congress.
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2021
H.R. 6395 (H.R. 6096, H.R. 6624, H.R. 7310, H.R. 8115)
To authorize appropriations for fiscal year 2021 military activi-
ties of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe mili-
tary personnel strengths for such fiscal year, and for other pur-
poses.
Summary
Section 9201 of H.R. 6395 incorporates H.R. 6096, the ‘‘READI
Act’’. This legislation would strengthen the FCC’s oversight of com-
munications systems transmitting emergency alerts, improve pre-
paredness of State Emergency Communications Committees
(SECC), and examine methods for expanding the reach of emer-
gency alerts using new technologies.
Section 225 of H.R. 6395 incorporates H.R. 6624, the ‘‘USA Tele-
communications Act’’. This legislation would create a new program
that would, among other things, promote technology that will en-
hance competitiveness in the supply chains of Open Radio Access
Networks (Open RAN) 5G Networks, accelerate the deployment of
Open Network Equipment, and promote the inclusion of security
features that enhance the integrity and availability of such equip-
ment. The National Telecommunications and Information Adminis-
tration also would have to establish the criteria for a grant award,
establish a committee that advises on technology developments to
inform both the grant program and government efforts to support
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Open RAN 5G Network supply chains, and report on the grant pro-
gram and 5G network supply chains.
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Section 9203 of H.R. 6395 incorporates H.R. 7310, the ‘‘Spectrum
Modernization Act of 2020’’. This legislation would, among other
things, require the National Telecommunications and Information
Administration, in consultation with the Policy and Plans Steering
Group, to submit to Congress a report on its plans to modernize
agency information technology systems relating to managing the
use of Federal spectrum. It would also require the Government Ac-
countability Office to conduct oversight over the implementation of
the plans.
Section 9204 of H.R. 6395 incorporates H.R. 8115, the ‘‘DIGIT
Act’’. This legislation ensures appropriate prioritization, spectrum
planning, and interagency coordination to support the Internet of
Things.
Legislative History
On March 26, 2020, H.R. 6395 was introduced by Representative
Smith (WA–09) and referred to the Committee on Armed Services.
On July 20, 2020, H.R. 6395 was considered in the House pursu-
ant to the provisions of H. Res. 1053, and the bill was passed by
a recorded vote of 295 yeas and 125 nays (Roll Call No. 152).
On August 5, 2020, H.R. 6395 was received in the Senate, read
twice, and placed on Senate Legislative Calendar under General
Orders (Calendar No. 505).
On November 16, 2020, the Senate passed H.R. 6395, amended,
by a voice vote. On November 18, 2020, the House agreed to a mo-
tion that the House disagree to the Senate amendment to H.R.
6395 and request a conference with the Senate thereon by unani-
mous consent.
On November 18, 2020, the Speaker appointed conferees. From
the Committee on Energy and Commerce, the Speaker appointed
Representative Pallone, Representative DeGette, and Representa-
tive Walden for consideration of secs. 223, 229, 332, 335, 535,
540H, 601, 705, 736, 1299N–2, 1641, 1760, 1761, 1772, 1793, 1821,
1823, 1824, 2835, 3201, 3511, 3601, 5101–04, 5109, 10306, and
11206 of the House bill, and secs. 311, 319, 703, 1053, 1091, 1092,
1094, 1098, 1099, 2841, 3121, 3125, 3131, 3132, 5239, 6082–84,
subtitle I of title LX of division E, secs. 6299F, 6614, 6704, and
6706 of the Senate amendment and modifications committed to
conference.
On December 2, 2020, the Senate insisted on its amendment,
agreed to the request for a conference, and appointed the following
conferees, Senator Inhofe (OK), Senator Wicker (MS), Senator
Fischer (NE), Senator Cotton (AR), Senator Rounds (SD), Senator
Ernst (IA), Senator Tillis (NC), Senator Sullivan (AK), Senator
Perdue (GA), Senator Cramer (ND), Senator Thune (SD), Senator
Scott (FL), Senator Blackburn (TN), Senator Hawley (MO), Senator
Reed (RI), Senator Shaheen (NH), Senator Gillibrand (NY), Senator
Blumenthal (CT), Senator Hirono (HI), Senator Kaine (VA), Sen-
ator King (ME), Senator Heinrich (NM), Senator Warren (MA),
Senator Peters (MI), Senator Manchin (WV), Senator Duckworth
(IL), and Senator Jones (AL).
The conference report (H. Rept. 116–617) was filed on December
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3, 2020. On December 8, 2018, the conference report was consid-
ered in the House pursuant to a special order and the conference
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report was agreed to by a recorded vote of 335 yeas to 78 nays and
1 present (Roll Call No. 238).
On December 11, 2020, the Senate agreed to the conference re-
port by a recorded vote of 84 yeas and 13 nays (Record Vote Num-
ber: 264).
On December 11, 2020, H.R. 6395 was presented to the Presi-
dent.
On December 23, 2020, the President vetoed H.R. 6395.
On December 28, 2020, the House considered H.R. 6395 pursuant
to the provisions of H. Res. 1271 and two-thirds of the Members
present voted in the affirmative to pass H.R. 6395, the objections
of the President to the contrary notwithstanding, by a recorded
vote of 275 yeas to 134 nays (Roll no. 252).
Further action on H.R. 6395 was pending with the Senate at the
time this report was filed.
On March 5, 2020, H.R. 6096 was introduced by Representatives
McNerney and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Communications and Technology on March 6, 2020.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills, including
H.R. 6096. The witnesses included Matthew Gerst, Vice President,
Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO, Behavioral
Health Link; Anthony Gossner, Fire Chief, City of Santa Rosa, CA;
Joseph Torres, Senior Director of Strategy and Engagement, Free
Press and Free Press Action; Daniel Henry, Regulatory Counsel
and Director of Government Affairs, National Emergency Number
Association; and Allen F. Bell, Distribution Manager, Georgia
Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 6096 and
forwarded the bill, without amendment, to the Committee on En-
ergy and Commerce, by a voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 6096 and ordered
the bill reported favorably to the House, without amendment, by a
voice vote.
On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 6096 to the House (H. Rept. 116–582, Part I). On No-
vember 17, 2020, the House considered H.R. 6096 under a motion
to suspend the Rules and passed the bill, amended, by a voice vote.
On November 18, 2020, the Senate received H.R. 6096, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation.
No further action was taken on this bill in the 116th Congress.
On April 24, 2020, H.R. 6624 was introduced by Representative
Pallone and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on April 25, 2020.
The Committee on Energy and Commerce met in virtual open
markup session on July 15, 2020 to consider H.R. 6624 and ordered
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the bill reported favorably to the House, without amendment, by a
voice vote.
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On November 16, 2020, the Committee on Energy and Commerce
reported H.R. 6624 to the House (H. Rept. 116–589). On November
17, 2020, the House considered H.R. 6624 under a motion to sus-
pend the Rules and the bill passed by a voice vote.
On November 18, 2020, the Senate received H.R. 6624, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation.
No further action was taken on this bill in the 116th Congress.
On June 24, 2020, H.R. 7310 was introduced by Representatives
Latta and referred to the Committee on Energy and Commerce,
and in addition the Committee on Armed Services. The bill was
subsequently referred to the Subcommittee on Communications
and Technology on June 25, 2020.
The Committee on Energy and Commerce met in virtual open
markup session on July 15, 2020 to consider H.R. 7310 and ordered
the bill reported favorably to the House, without amendment, by a
voice vote.
On November 17, 2020. the Committee on Energy and Commerce
reported H.R. 7310 to the House (H. Rept. 116–592). That same
day, the House considered H.R. 7310 on a motion to suspend the
Rules and the bill passed by a voice vote.
On November 18, 2020, the Senate received H.R. 7310, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation.
No further action was taken on this bill in the 116th Congress.
On August 25, 2020, H.R. 8115, the DIGIT Act, was introduced
by Representative Welch and referred to the Committee on Energy
and Commerce. The bill was subsequently referred to the Sub-
committee on Communications and Technology on August 26, 2020.
No further action was taken on this bill in the 116th Congress.
Provisions similar to H.R. 6096, H.R. 6624, H.R. 7310, and H.R.
8115 was included in H.R. 6395.
THE HEROES ACT
H.R. 6800 (H.R. 451, H.R. 6389, H.R. 6563, H.R. 6881)
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
Section 130501 of H.R. 6800 incorporates H.R. 451, the ‘‘Don’t
Break Up the T-Band Act of 2020’’. This legislation repeals a provi-
sion of law requiring the FCC to reallocate and auction a band of
electromagnetic spectrum in the 470–512 MHz band, commonly
known as the ‘‘T-Band spectrum.’’
Section 130701 of H.R. 6800 incorporates H.R. 6389, the ‘‘Martha
Wright Prison Phone Justice Act’’. This legislation establishes re-
quirements related to certain charges, practices, classifications, or
regulations in connection with confinement facility communications
services. Specifically, the bill requires the FCC to establish max-
imum rates and charges that a provider of confinement facility
communications services may charge for such services. The bill pro-
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vides interim rate caps until the FCC establishes such rates and
charges. The bill requires a provider of confinement facility commu-
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nications services to assess all charges for communications on a
per-minute basis for the actual duration of the communication, and
it prohibits a provider from charging a per-communication or per-
connection charge. A provider also may not charge an ancillary
service charge except in certain circumstances. Further, the bill
prohibits a provider from assessing a site commission, which is a
payment or donation made to certain entities that operate or over-
see a confinement facility.
Section 130201 of H.R. 6800 incorporates H.R. 6563, the ‘‘Emer-
gency Educational Connections Act of 2020’’. This legislation estab-
lishes and provides funding for the Emergency Connectivity Fund,
from which the FCC must provide support for certain schools or li-
braries to purchase specified telecommunications equipment during
the public health emergency declared because of COVID–19 (i.e.,
coronavirus disease 2019). Specifically, the FCC shall provide funds
to certain elementary schools, secondary schools, or libraries to
purchase telecommunications equipment or services (e.g., Wi-Fi
hotspots, modems, and routers) for use by students, staff, or pa-
trons at locations that include locations other than the schools or
libraries. Priority must be given to students, staff, or patrons who
do not have access to such equipment or services. Following the
emergency period, funding recipients are authorized to use pur-
chased equipment for appropriate purposes but may not sell or
transfer such equipment for anything of value, except for upgraded
equipment of the same type.
Section 130301 of H.R. 6800 incorporates H.R. 6881, the ‘‘Emer-
gency Broadband Connections Act of 2020’’. This legislation estab-
lishes a program to provide eligible households with a discount on
internet service, upon request by a member of such household dur-
ing the COVID–19 pandemic. The legislation creates a fund at the
FCC to provide providers a reimbursement for such discount, and
for the provision of low-cost devices such as computers and tablets
to eligible households.
Legislative History
On May 20, 2021, H.R. 6800 was introduced by Representative
Lowey and referred to Committee on Appropriations, in addition to
the Committees on the Budget, and Ways and Means.
On May 15, 2020, the House considered H.R. 6800 pursuant to
the provisions of H. Res. 967 and passed H.R. 6800 by a recorded
vote of 208 yeas and 199 nays (Roll Call No. 109).
On May 20, 2020, H.R. 6800 was received by the Senate, read
the first time, and placed on the Senate Legislative Calendar under
Read the First Time on May 21, 2020. On June 1, 2020, H.R. 6800
was read a second time and placed on the Senate Calendar under
General Orders (Calendar No. 455). On June 23, 2020, the Senate
referred the bill to the Senate Committee on Small Business and
Entrepreneurship.
No further action was taken on H.R. 6800 in the 116th Congress.
On January 10, 2019, H.R. 451 was introduced by Representative
Engel and the bill was referred to the Committee on Energy and
Commerce. The bill was subsequently referred to the Subcommittee
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on Communications and Technology on January 25, 2019. Similar
legislation in the Senate was introduced by Senator Markey (MA)
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as S. 2748 on October 30, 2019, and was referred to the Senate
Committee on Commerce, Science, and Transportation.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills, including
H.R. 451. The witnesses included Matthew Gerst, Vice President,
Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO, Behavioral
Health Link; Anthony Gossner, Fire Chief, City of Santa Rosa, CA;
Joseph Torres, Senior Director of Strategy and Engagement, Free
Press and Free Press Action; Daniel Henry, Regulatory Counsel
and Director of Government Affairs, National Emergency Number
Association; and Allen F. Bell, Distribution Manager, Georgia
Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 451 and
ordered the bill reported to the Committee on Energy and Com-
merce, amended, by a voice vote.
On July 15, 2020, the full Committee met in virtual open mark-
up session to consider H.R. 451 and ordered the bill reported favor-
ably to the House, as amended, by a voice vote.
On September 18, 2020, the Committee on Energy and Com-
merce reported H.R. 451 to the House, as amended (H. Rept. 116–
521). On September 21, 2020, the House considered H.R. 451 under
a motion to suspend the Rules and passed the bill, as amended, by
a recorded vote of 410 yeas and 5 nays on September 23, 2020 (Roll
No. 201).
On September 24, 2020, the Senate received H.R. 451, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation.
No further action was taken on H.R. 451 in the 116th Congress.
On March 25, 2020, H.R. 6389 was introduced by Representative
Rush (IL–01) and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Communications and Technology on March 26, 2020.
No further action was taken on H.R. 6389 in the 116th Congress.
On April 21, 2020, H.R. 6563 was introduced by Representative
Meng and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Com-
munications and Technology on April 22, 2020.
No further action was taken on H.R. 6563 in the 116th Congress.
On May 14, 2020, H.R. 6881 was introduced by Representative
Veasey and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to Subcommittee on Commu-
nications and Technology on May 15, 2020.
No further action was taken on H.R. 6881 in the 116th Congress.
THE HEROES ACT
H.R. 8406 (H.R. 451, H.R. 6389, H.R. 6563, H.R. 6881)
Making emergency supplemental appropriations for the fiscal
year ending September 30, 2020, and for other purposes.
Summary
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Title V, section 501 of H.R. 8406 incorporates H.R. 451, the
‘‘Don’t Break Up the T-Band Act of 2020’’. This legislation repeals
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95
a provision of law requiring the FCC to reallocate and auction a
band of electromagnetic spectrum in the 470–512 MHz band, com-
monly known as the ‘‘T-Band spectrum.’’
Title VI, section 601 of H.R. 8406, incorporates H.R. 6389, the
‘‘Martha Wright Prison Phone Justice Act’’. This legislation estab-
lishes requirements related to certain charges, practices, classifica-
tions, or regulations in connection with confinement facility com-
munications services. Specifically, the bill requires the FCC to es-
tablish maximum rates and charges that a provider of confinement
facility communications services may charge for such services. The
bill provides interim rate caps until the FCC establishes such rates
and charges. The bill requires a provider of confinement facility
communications services to assess all charges for communications
on a per-minute basis for the actual duration of the communica-
tion, and it prohibits a provider from charging a per-communica-
tion or per-connection charge. A provider also may not charge an
ancillary service charge except in certain circumstances. Further,
the bill prohibits a provider from assessing a site commission,
which is a payment or donation made to certain entities that oper-
ate or oversee a confinement facility.
Title II, section 201 of H.R. 8406 incorporates H.R. 6563, the
‘‘Emergency Educational Connections Act of 2020’’. This legislation
establishes and provides funding for the Emergency Connectivity
Fund, from which the FCC must provide support for certain schools
or libraries to purchase specified telecommunications equipment
during the public health emergency declared because of COVID–19
(i.e., coronavirus disease 2019). Specifically, the FCC shall provide
funds to certain elementary schools, secondary schools, or libraries
to purchase telecommunications equipment or services (e.g., Wi-Fi
hotspots, modems, and routers) for use by students, staff, or pa-
trons at locations that include locations other than the schools or
libraries. Priority must be given to students, staff, or patrons who
do not have access to such equipment or services. Following the
emergency period, funding recipients are authorized to use pur-
chased equipment for appropriate purposes but may not sell or
transfer such equipment for anything of value, except for upgraded
equipment of the same type.
Title III, section 301 of H.R. 8406 incorporates H.R. 6881, the
‘‘Emergency Broadband Connections Act of 2020’’. This legislation
establishes a program to provide eligible households with a dis-
count on internet service, upon request by a member of such house-
hold during the COVID–19 pandemic. The legislation creates a
fund at the FCC to provide providers a reimbursement for such dis-
count, and for the provision of low-cost devices such as computers
and tablets to eligible households.
Legislative History
On September 29, 2020, H.R. 8406 was introduced by Represent-
ative Lowey, and referred to Committee on Appropriations, in addi-
tion to the Committees on the Budget, and Ways and Means.
No further action was taken on H.R. 8406 in the 116th Congress.
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On January 10, 2019, H.R. 451 was introduced by Representative
Engel, and the bill was referred to the Committee on Energy and
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Commerce. The bill was subsequently referred to the Subcommittee
on Communications and Technology on January 25, 2019.
On February 27, 2020, the Subcommittee on Communications
and Technology held a legislative hearing on eight bills, including
H.R. 451. The invited witnesses included Matthew Gerst, Vice
President, Regulatory Affairs, CTIA; Sue Ann Atkerson, CEO, Be-
havioral Health Link; Anthony Gossner, Fire Chief, City of Santa
Rosa, CA; Joseph Torres, Senior Director of Strategy and Engage-
ment, Free Press and Free Press Action; Daniel Henry, Regulatory
Counsel and Director of Government Affairs, National Emergency
Number Association; and Allen F. Bell, Distribution Manager,
Georgia Power Company.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H.R. 451. and
forwarded H.R. 451, amended, to the full Committee on Energy and
Commerce.
On July 15, 2020, the full Committee met in virtual open mark-
up session to consider H.R. 451, as amended by the Subcommittee,
and ordered H.R. 451 reported favorably to the House, as amended,
by a voice vote.
On September 18, 2020, the Committee on Energy and Com-
merce reported H.R. 451 to the House (H. Rept. 116–521) and the
bill was placed on the Union Calendar (Calendar No. 421).
On September 21, 2020, the House considered H.R. 451 under a
motion to suspend the Rules and passed the bill, as amended, by
a recorded vote of 410 yeas and 5 nays on September 23, 2020.
On September 24, 2020, the Senate received H.R. 451, read the
bill twice, and referred the bill to the Senate Committee on Com-
merce, Science, and Transportation.
No further action was taken on H.R. 451 in the 116th Congress.
On March 25, 2020, H.R. 6389, the ‘‘Martha Wright Prison Phone
Justice Act’’, was introduced by Representative Rush, and referred
to the Committee on Energy and Commerce. The bill was subse-
quently referred to the Subcommittee on Communications and
Technology on March 26, 2020.
No further action was taken on H.R. 6389 in the 116th Congress.
On April 21, 2020, H.R. 6563, the ‘‘Emergency Educational Con-
nections Act of 2020,’’ was introduced by Representative Meng, and
referred to the Committee on Energy and Commerce. The bill was
subsequently referred to the Subcommittee on Communications
and Technology on April 22, 2020.
No further action was taken on H.R. 6563 in the 116th Congress.
On May 14, 2020, H.R. 6881, the ‘‘Emergency Broadband Con-
nections Act of 2020,’’ was introduced by Representative Veasey,
and referred to the Committee on Energy and Commerce. The bill
was subsequently referred to Subcommittee on Communications
and Technology on May 15, 2020.
No further action was taken on H.R. 6881 in the 116th Congress.
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REAFFIRMING THE COMMITMENT TO MEDIA DIVERSITY AND PLEDG-
ING TO WORK WITH MEDIA ENTITIES AND DIVERSE STAKEHOLDERS
TO DEVELOP COMMON GROUND SOLUTIONS TO ELIMINATE BAR-
RIERS TO MEDIA DIVERSITY
H. RES. 549
Reaffirming the commitment to media diversity and pledging to
work with media entities and diverse stakeholders to develop com-
mon ground solutions to eliminate barriers to media diversity.
Summary
This resolution reaffirms the House of Representatives’ commit-
ment to media diversity and expresses its pledge to eliminate bar-
riers to such diversity.
Legislative History
On September 10, 2019, H. Res. 549 was introduced by Rep-
resentative Demings (FL–10) and referred to the Committee on En-
ergy and Commerce. The resolution was subsequently referred to
the Subcommittee on Communications and Technology on Sep-
tember 11, 2019.
On January 15, 2020, the Subcommittee on Communications and
Technology held a legislative hearing on four measures, including
H. Res. 549. Testimony was received from Maurita Coley, Esq.,
President and CEO, Multicultural Media, Telecom, and Internet
Council; Clint Odom, Senior Vice President, Advocacy & Policy, Ex-
ecutive Director, Washington Bureau, National Urban League;
Catherine J.K. Sandoval, Associate Professor, Santa Clara Univer-
sity School of Law; and Diane Sutter, President/CEO, ShootingStar
Inc.
On March 10, 2020, the Subcommittee on Communications and
Technology met in open markup session to consider H. Res. 549
and forwarded the resolution, without amendment, to the full Com-
mittee on Energy and Commerce.
On July 15, 2020, the full Committee met in virtual open mark-
up session to consider H. Res. 549 and ordered the resolution re-
ported favorably to the House, without amendment, by a voice vote.
On December 8, 2020, the Committee on Energy and Commerce
reported H. Res. 549 to the House (H. Rept. 116–624) and the reso-
lution was placed on the House Calendar (Calendar No. 100).
On December 9, 2020, the House considered H. Res. 549 under
a motion to suspend the Rules and then agreed to the resolution
by a voice vote.
EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTATIVES THAT
ALL STAKEHOLDERS IN THE DEPLOYMENT OF 5G COMMUNICATIONS
INFRASTRUCTURE SHOULD CAREFULLY CONSIDER ADHERENCE TO
THE RECOMMENDATIONS OF ‘‘THE PRAGUE PROPOSALS’’
H. RES. 575
Expressing the sense of the House of Representatives that all
stakeholders in the deployment of 5G communications infrastruc-
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ture should carefully consider adherence to the recommendations of
‘‘The Prague Proposals.’’
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Summary
This resolution expresses the sense of the House of Representa-
tives that stakeholders involved in the deployment of 5G commu-
nications infrastructure should consider adherence to the inter-
national security recommendations adopted at the Prague 5G Secu-
rity Conference in May 2019, known as ‘‘The Prague Proposals.’’
The resolution also encourages the President and Federal agencies
to promote trade and security policies on the international stage
that are consistent with ‘‘The Prague Proposals.’’
Legislative History
On September 24, 2019, H. Res. 575 was introduced by Rep-
resentative Flores (TX–17) and referred to the Committee on En-
ergy and Commerce, and in addition to the Committee on Foreign
Affairs. The resolution was subsequently referred to the Sub-
committee on Communications and Technology on September 25,
2019.
On September 27, 2019, the Subcommittee on Communications
and Technology held a legislative hearing on seven measures, in-
cluding H. Res. 575. Testimony was received from John Nettles,
President, Pine Belt Wireless; Harold Feld, Senior Vice President,
Public Knowledge; Dean R. Brenner, Senior Vice President, Spec-
trum Strategy & Tech Policy, Qualcomm Incorporated; and Bobbie
Stempfley, Managing Director, CERT Division, Software Engineer-
ing Institute, Carnegie Mellon University.
On November 14, 2019, the Subcommittee met in open markup
session to consider H. Res. 575 and forwarded the resolution,
amended, to the full Committee, by a voice vote.
On November 20, 2019, the full Committee met in open markup
session to consider H. Res. 575, as amended by the Subcommittee,
and ordered H. Res. 575 reported favorably to the House, as
amended, by a voice vote.
On January 7, 2020, the Committee on Energy and Commerce
reported H. Res. 575 to the House (H. Rept. 116–368) and the reso-
lution was placed on the House Calendar (Calendar No. 67).
On January 8, 2020, the House considered H. Res. 575 under a
motion to suspend the Rules and the resolution passed, as amend-
ed, by a voice vote.
OVERSIGHT ACTIVITIES
PRESERVING AN OPEN INTERNET FOR CONSUMERS, SMALL BUSINESS,
AND FREE SPEECH
On February 7, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ‘‘Preserving an Open Internet
for Consumers, Small Business, and Free Speech.’’ The purpose of
this hearing was to examine the impacts of the Federal Commu-
nications Commission’s repeal of net neutrality on consumers and
businesses. The Subcommittee received testimony from Tom Wheel-
er, Fellow, Brookings Institution; Jessica J. González, Vice Presi-
dent of Strategy & Senior Counsel, Free Press & Free Press Action
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Fund; Denelle Dixon, Chief Operating Officer, Mozilla; Ruth Livier,
Actress, Writer, and UCLA Doctoral Student; Michael Powell,
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President and CEO, NCTA—The Internet & Television Association;
and Joseph Franell, General Manager and CEO, Eastern Oregon
Telecom.
PROTECTING CONSUMERS AND COMPETITION: AN EXAMINATION OF
THE T-MOBILE AND SPRINT MERGER
On February 13, 2019, the Subcommittee on Communications
and Technology held a hearing entitled ‘‘Protecting Consumers and
Competition: An Examination of the T-Mobile and Sprint Merger.’’
The purpose of this hearing was to examine the effects of the merg-
er on consumer cost, jobs, competition innovation, and 5G deploy-
ment. The Subcommittee received testimony from John Legere,
Chief Executive Officer and President, T-Mobile US; Marcelo
Claure, Executive Chairman, Sprint Corp.; Chris Shelton, Presi-
dent, Communications Workers of America; Doug Brake, Director,
Broadband and Spectrum Policy, Information Technology and Inno-
vation Foundation; Phillip Berenbroick, Senior Policy Counsel, Pub-
lic Knowledge; and Carri Bennet, General Counsel, Rural Wireless
Association, Inc.
ACCOUNTABILITY AND OVERSIGHT OF THE FEDERAL
COMMUNICATIONS COMMISSION
On May 15, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ‘‘Accountability and Oversight
of the Federal Communications Commission.’’ The purpose of this
hearing was to examine the Federal Communications Commission’s
decisions that harmed consumers and rolled back government regu-
lations and media-related protections for consumers and local com-
munities. The hearing also examined concerns regarding the FCC’s
oversight of carriers’ sharing real-time location data with third par-
ties and the FCC use of faulty data to justify decisions regarding
competition policy in the Business Data Service market. The Sub-
committee received testimony from the Honorable Ajit Pai, Chair-
man, Federal Communications Commission; the Honorable Michael
O’Rielly, Commissioner, Federal Communications Commission; the
Honorable Brendan Carr, Commissioner, Federal Communications
Commission; the Honorable Jessica Rosenworcel, Commissioner,
Federal Communications Commission; and the Honorable Geoffrey
Starks, Commissioner, Federal Communications Commission.
STELAR REVIEW: PROTECTING CONSUMERS IN AN EVOLVING MEDIA
MARKETPLACE
On June 4, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ‘‘STELAR Review: Protecting
Consumers in an Evolving Media Marketplace.’’ The purpose of this
hearing was to examine provisions of the ‘‘STELA Reauthorization
of 2014’’ that expired at the end of 2019 and discuss how broad-
casters can continue serving consumers in a fair and equitable way.
The Subcommittee received testimony from Gordon H. Smith,
President and CEO, National Association of Broadcasters; Robert
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D. Thun, Senior Vice President of Content and Programming,
AT&T Mobility and Entertainment; Patricia Jo Boyers, President
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100
and Vice Chairman of the Board, BOYCOM Vision; and John
Bergmayer, Senior Counsel, Public Knowledge.
OUR WIRELESS FUTURE: BUILDING A COMPREHENSIVE APPROACH TO
SPECTRUM POLICY
On July 16, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ‘‘Our Wireless Future: Building
a Comprehensive Approach to Spectrum Policy.’’ The purpose of
this hearing was to examine the Administration’s incoherent ap-
proach to spectrum policy and discuss proposals that maximize
benefits to consumers while generating revenue for the U.S. De-
partment of Treasury. The Subcommittee received testimony from
Julius P. Knapp, Chief, Office of Engineering and Technology, Fed-
eral Communications Commission; Derek Khlopin, Senior Policy
Advisor, National Telecommunications and Information Adminis-
tration; Tim Donovan, Senior Vice President, Legislative Affairs,
Competitive Carriers Association; Peter Pitsch, Head of Advocacy
& Government Relations, C-Band Alliance; Scott Bergmann, Senior
Vice President, Legislative Affairs, CTIA; Michael Calabrese, Direc-
tor, Wireless Future Project, Open Technology Institute at New
America; Mariel Triggs, Chief Executive Officer, MuralNet; and
Jeffrey S. Cohen, Chief Counsel, APCO International.
FOSTERING A HEALTHIER INTERNET TO PROTECT CONSUMERS
On October 16, 2019, the Subcommittee on Communications and
Technology and the Subcommittee on Consumer Protection and
Commerce held a joint hearing entitled ‘‘Fostering a Healthier
Internet to Protect Consumers.’’ The purpose of this hearing was
to explore content moderation practices and whether consumers are
adequately protected under current law. The Subcommittees re-
ceived testimony from Steve Huffman, Co-Founder & CEO, Reddit,
Inc.; Danielle Keats Citron, Professor of Law, Boston University
School of Law; Corynne McSherry, Legal Director, Electronic Fron-
tier Foundation; Hany Farid, Professor, University of California,
Berkeley; Katherine Oyama, Global Head of Intellectual Property
Policy, Google, Inc.; and Gretchen S. Peters, Executive Director, Al-
liance to Counter Crime Online.
REPURPOSING THE C-BAND TO BENEFIT ALL AMERICANS
On October 29, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ‘‘Repurposing the C-band to
Benefit All Americans.’’ The purpose of this hearing was to explore
the Federal Communications Commission’s plans to repurpose C
Band spectrum from satellite use to terrestrial wireless broadband
use as well as discuss legislation that would require the FCC to
conduct a public auction of the C-band. The Subcommittee received
testimony from Phillip Berenbroick, Policy Director, Public Knowl-
edge; Ross Lieberman, Senior Vice President, ACA Connects—
America’s Communications Association; Deborah Collier, Director
of Technology and Telecommunications Policy, Citizens Against
Government Waste; James Frownfelter, Chairman and Chief Exec-
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utive Officer, ABS; and Jeff Campbell, Vice President, Government
Affairs and Technology Policy, Cisco.
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ACCOUNTABILITY AND OVERSIGHT OF THE FEDERAL
COMMUNICATIONS COMMISSION
On December 5, 2019, the Subcommittee on Communications and
Technology held a hearing entitled ‘‘Accountability and Oversight
of the Federal Communications Commission.’’ The purpose of this
hearing was to ensure the Federal Communications Commission is
fulfilling its mission to protect consumers and act in the public in-
terest. Specifically, the hearing examined the Federal Communica-
tions Commission’s attempts to take away protections that promote
diversity in ownership of media companies, cut support to connect
schools and libraries, and strip protections for state and local gov-
ernments to expedite 5G deployment. The Subcommittee received
testimony from the Honorable Ajit Pai, Chairman, Federal Commu-
nications Commission; the Honorable Michael O’Rielly, Commis-
sioner, Federal Communications Commission; the Honorable
Brendan Carr, Commissioner, Federal Communications Commis-
sion; the Honorable Jessica Rosenworcel, Commissioner, Federal
Communications Commission; and the Honorable Geoffrey Starks,
Commissioner, Federal Communications Commission.
EMPOWERING AND CONNECTING COMMUNITIES THROUGH DIGITAL
EQUITY AND INTERNET ADOPTION
On January 29, 2020, the Subcommittee on Communications and
Technology held a hearing entitled ‘‘Empowering and Connecting
Communities through Digital Equity and Internet Adoption.’’ The
purpose of this hearing was to promote broadband adoption and
discuss ways in which Congress can incentivize the build-out of in-
frastructure necessary to ensure everyone has access to affordable
and reliable high-speed internet. The Subcommittee received testi-
mony from Angela Siefer, Executive Director, National Digital In-
clusion Alliance; Joshua Edmonds, Director of Digital Inclusion,
City of Detroit, Michigan; Gigi Sohn, Distinguished Fellow, George-
town Law Institute for Technology Law and Policy; Jeffrey R.
Sural, Director, Broadband Infrastructure Office, North Carolina
Department of Information Technology; and Roslyn Layton, Vis-
iting Scholar, American Enterprise Institute.
A COUNTRY IN CRISIS: HOW DISINFORMATION ONLINE IS DIVIDING
THE NATION
On June 24, 2020, the Subcommittee on Communications and
Technology and the Subcommittee on Consumer Protection and
Commerce held a joint hearing entitled ‘‘A Country in Crisis: How
Disinformation Online is Dividing the Nation.’’ The purpose of this
hearing was to examine the role of social media platforms in dis-
seminating disinformation relating to the coronavirus disease of
2019 (COVID–19) pandemic and racial injustice. The Subcommit-
tees received testimony from Brandi Collins-Dexter, Senior Cam-
paign Director, Color of Change; Hany Farid, Professor, University
of California, Berkeley; Spencer Overton, President, Joint Center
for Political and Economic Studies, Professor of Law, George Wash-
ington University; and Neil Fried, Former Chief Counsel for Com-
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munications and Technology, Energy and Commerce Committee,
Principal, DigitalFrontiers Advocacy.
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TRUMP FCC: FOUR YEARS OF LOST OPPORTUNITIES
On September 17, 2020, the Subcommittee on Communications
and Technology held a hearing entitled ‘‘Trump FCC: Four Years
of Lost Opportunities.’’ The purpose of this hearing was to examine
the actions of the Federal Communications Commission during the
past four years of the Trump Administration as well as discuss ac-
tions taken by the agency during the coronavirus disease of 2019
(COVID–19) pandemic The Subcommittee received testimony from
the Honorable Ajit V. Pai, Chairman, Federal Communications
Commission; the Honorable Michael O’Rielly, Commissioner, Fed-
eral Communications Commission; the Honorable Brendan Carr,
Commissioner, Federal Communications Commission; the Honor-
able Jessica Rosenworcel, Commissioner, Federal Communications
Commission; and the Honorable Geoffrey Starks, Commissioner,
Federal Communications Commission.
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SUBCOMMITTEE ON ENERGY
LEGISLATIVE ACTIVITIES
THE CONSOLIDATED APPROPRIATIONS ACT, 2021
PUBLIC LAW 116–__
(H.R. 133, H.R. 3432, H.R. 762, H.R. 3962, H.R. 3079, H.R. 1420, H.R. 2044,
H.R. 5758, H.R. 2041, H.R. 5650, H.R. 1480, H.R. 2665, H.R. 1760, H.R.
3361, H.R. 2909, H.R. 4447, H.R. 1633, H.R. 5541, H.R. 347, H.R. 1426)
Making consolidated appropriations for the fiscal year ending
September 30, 2021, providing coronavirus emergency response and
relief, and for other purposes.
Summary
Sections 101, 118, 120, 122 and title II of division R incorporate
portions of H.R. 3432, the ‘‘Safer Pipelines Act of 2019’’. This legis-
lation authorizes appropriations for fiscal year 2021 through 2023
for the Pipeline Safety Program under the Pipeline and Hazardous
Materials Safety Administration (PHMSA). It authorizes approxi-
mately $227.9 million in fiscal year 2021 and increases to approxi-
mately $237.9 million by fiscal year 2023. This legislation also au-
thorizes funding for operational expenses, one-call notification pro-
grams, pipeline safety information grants, state pipeline safety
grants, and other programs and grants. Additionally, it amends 49
USC 60102, which directs the Secretary to only propose or issue a
pipeline safety standard when the standard’s benefits justify the
costs, to clarify that the benefits include environmental and safety
benefits. This legislation defines the terms ‘‘coastal beaches’’ and
‘‘certain coastal waters’’ in order to provide PHMSA the tools it
needs to promulgate a rulemaking mandated in the PIPES Act of
2016. That mandate requires PHMSA to update its regulations to
specify that coastal beaches, certain coastal waters, and the Great
Lakes, are unusually sensitive areas ecological resources, for pur-
poses of determining whether a hazardous liquid pipeline is in a
high consequence area. This legislation also establishes a minimum
one year inspection period for certain deep water pipelines and re-
quires procedures to protect deep water pipelines from anchor
strikes. This legislation directs the Secretary of Transportation to
submit to Congress, within two years, a report containing the re-
sults of a study of the assessment methods of distribution pipelines
that may be used in integrity management programs, other than
direct assessment, to determine whether any such methods are fea-
sible and would provide a greater level of safety than direct assess-
ment. The report must include recommendations based on the
study.
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(103)
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This legislation further directs PHMSA to expand its regulations
to ensure that distribution integrity management plans for dis-
tribution operators evaluate certain risks, such as those posed by
cast iron pipes and mains, and low-pressure systems, as well as the
possibility of future accidents to better account for high-con-
sequence but low probability events. It also requires distribution
operators to make their updated distribution integrity management
plans available to PHMSA or the relevant State regulatory agency
no later than two years after enactment, and would require inspec-
tors to review such plans if significant changes are made to the
plans or system or at least every five years. The legislation directs
the Department of Transportation to revise the State audit proto-
cols and procedures and update the State Inspection Calculation
Tool. It also directs PHMSA to update its emergency response plan
regulations to ensure that each emergency response plan developed
by a distribution system operator includes written procedures for
how to handle communications with first responders and the gen-
eral public after certain significant pipeline emergencies, in order
to ensure that pipeline operators contact first responders as soon
as practicable after they know an incident has occurred. It further
directs the Secretary to update the regulations for operations and
maintenance manuals in order to require distribution system oper-
ators to have a specific action plan to respond to overpressurization
events. Additionally, it requires operators to develop written proce-
dures for management of change processes for significant tech-
nology, equipment, procedural, and organizational changes to the
distribution system and ensure that relevant qualified personnel,
such as a professional engineer with a license, reviews and certifies
such changes.
This legislation directs PHMSA to conduct a study on the dis-
tribution industry’s adoption of pipeline safety management sys-
tems and provide guidance on how to further the adoption of these
systems and to provide a copy of the report to relevant Committees
no later than three years after enactment. It also requires PHMSA
and relevant State authorities to promote and assess gas distribu-
tion operators’ pipeline safety management systems, including by
using independent third-party evaluators, as necessary.
This legislation also directs PHMSA to issue regulations that re-
quire distribution pipeline operators to identify and manage trace-
able, reliable, and complete maps and records of critical pressure
control infrastructure, and update these records as appropriate.
These records would have to be submitted or made available to the
relevant regulatory agency. These regulations shall require non-
critical records to be gathered as they are available. It directs
PHMSA to issue regulations requiring an agent of a distribution
system operator to monitor gas pressure at certain sites and have
the ability to cut off or limit gas pressure during construction
projects that have the potential to cause a hazardous over-
pressurization. Finally, this legislation directs PHMSA to issue reg-
ulations on district regulator stations to ensure that distribution
system operators minimize the risk of a common mode of failure at
low-pressure district regulator stations, monitor the gas pressure of
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a low-pressure system, and install overpressure protection safety
technology at low-pressure district regulator stations. If it is not
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105
operationally possible to install such technology, this legislation
would require the relevant operator to identify plans that would
minimize the risk of an overpressurization event.
Division Z incorporates the Energy Act of 2020, which contains
several components of H.R. 4447.
Section 1001 of division Z incorporates H.R. 762, the ‘‘Stream-
lining Energy Efficiency for Schools Act’’. This legislation stream-
lines available Federal energy efficiency programs and financing to
help improve efficiency and lower energy costs for schools.
Sections 1001, 1003, 1004, 1005, 1006, and 1012 of division Z in-
corporate portions of H.R. 3962, the ‘‘Energy Savings and Indus-
trial Competitiveness Act of 2019’’. This legislation streamlines
available Federal energy efficiency programs and financing to help
improve efficiency and lower energy costs for schools; requires the
development of a metric for data center energy efficiency, and re-
quires the Secretary of Energy, Administrator of the Environ-
mental Protection Agency, and Director of the Office of Manage-
ment and Budget (OMB) to maintain a data center energy practi-
tioner program and open data initiative for Federally owned and
operated data center energy usage; directs the OMB Director to col-
laborate with each Federal agency to implement energy-efficient
and energy-saving information technologies; and directs the Sec-
retary of Energy to establish a rebate program to encourage re-
placement of energy inefficient electric motors. It also amends
NECPA to formally establish in law the Federal Energy Manage-
ment Program (FEMP). This section details FEMP’s directives and
the duties of its director.
Section 1002 of division Z incorporates H.R. 3079, the ‘‘Energy
Savings through Public-Private Partnerships Act of 2019’’. This leg-
islation amends the National Energy Conservation Policy Act
(NECPA) to require the Department of Energy (DOE) to report to
the President and Congress on each agency’s energy savings per-
formance contracts, including their investment value; their initial
guaranteed savings compared to actual energy savings from the
previous year; the plan for entering into new contracts in the com-
ing year; and information explaining why any previously submitted
plans for contracts were not implemented. The section further
amends NECPA to allow agencies to accept, retain, sell, or transfer
energy savings and apply the proceeds to fund a performance con-
tract under this title. It excludes contracts for work performed at
Federal hydropower facilities.
Sections 1003 and 1004 of division Z incorporate H.R. 1420, the
‘‘Energy Efficiency Government Technology Act’’. This legislation
requires the development of a metric for data center energy effi-
ciency, and requires the Secretary of Energy, EPA Administrator,
and OMB Director to maintain a data center energy practitioner
program and open data initiative for Federally owned and operated
data center energy usage. It also directs the OMB Director to col-
laborate with each Federal agency to implement energy-efficient
and energy-saving information technologies.
Section 1007 of division Z incorporates H.R. 2044, the ‘‘Smart
Buildings Acceleration Act’’. This legislation directs the Secretary
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of Energy to establish a program to implement smart building tech-
nology in Federal buildings and demonstrate the costs and benefits
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of smart buildings. The section requires the Secretary of Energy,
as a part of the Better Building Challenge, to develop smart build-
ing accelerators to demonstrate innovative policies and approaches
to accelerate the transition to smart buildings. The section also es-
tablishes a research and development (R&D) program focused on
building-to-grid integration.
Section 1008 of division Z incorporates H.R. 5758, the ‘‘Ceiling
Fan Improvement Act of 2020’’. This legislation amends EPCA by
adding language exempting large-diameter ceiling fans manufac-
tured on or after January 21, 2020, from meeting minimum ceiling
fan efficiency requirements as described in the final rule titled ‘‘En-
ergy Conservation Program: Energy Conservation Standards for
Ceiling Fans.’’ Establishes that large-diameter ceiling fans shall
meet Calculation of the Fan Energy Index in accordance with
ANSI/AMCA Standard 208–18.
Section 1011 of division Z incorporates H.R. 2041, the ‘‘Weather-
ization Enhancement and Local Energy Efficiency Investment and
Accountability Act’’. The legislation reauthorizes WAP at $350 mil-
lion per year from fiscal years 2020 through 2024. It allows the
Secretary of Energy to consider improvements in health and safety
of occupant dwelling units, as well as other non-energy benefits
from weatherization assistance, when reissuing regulations on pro-
gram cost effectiveness. It also allows the Secretary to require peri-
odic review of the use of private contractors in provisioning weath-
erization assistance and encouraging expanded use of contractors,
as appropriate. The legislation establishes a competitive grant pro-
gram to support innovation in weatherization assistance, and in-
creases the funding amount that may be used for administrative
purposes from 10 to 15 percent. It further amends the re-weather-
ization date so that dwelling units weatherized using Federal
funds, are eligible to receive additional assistance 15 years after
the completion of the previous weatherization assistance.
Section 1012 of division Z incorporates H.R. 5650, the ‘‘Federal
Energy and Water Management Performance Act of 2020’’. This
legislation amends NECPA to formally establish FEMP in law.
This section details FEMP’s directives and the duties of its direc-
tor.
Section 1013 of division Z incorporates H.R. 1480, the ‘‘Combined
Heat and Power (CHP) Support Act’’. This legislation redesignates
DOE’s Clean Energy Application Centers as the CHP Technical As-
sistance Partnership Program. The program encourages deploy-
ment of combined heat and power, heat to power, and efficient dis-
trict energy technologies. It also provides project specific support to
building and industrial professionals through economic and engi-
neering assessments and advisory activities. The legislation reau-
thorizes the program through fiscal year 2024.
Section 1014 of division Z incorporates H.R. 2665, the ‘‘Smart
Energy and Water Efficiency Act of 2019’’. This legislation author-
izes a new Smart Energy and Water Efficiency Pilot Program. This
pilot program provides grants to water authorities that provide
water, wastewater or water reuse services for demonstrating ad-
vanced and innovative technology-based solutions.
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Section 2001 of division Z incorporates H.R. 1760, the ‘‘Advanced
Nuclear Fuel Availability Act’’. This legislation directs DOE’s Office
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of Nuclear Energy to develop and deploy high-assay low-enriched
uranium for domestic commercial use and to develop a schedule for
recovering costs associated with such development.
Section 3005 of division Z incorporates H.R. 3361, the ‘‘Reliable
Investment in Vital Energy Reauthorization Act’’ or ‘‘RIVER Act’’.
This legislation amends section 242 of the Energy Policy Act of
2005 (EPAct05) to reauthorize the hydroelectric production incen-
tives program. Additionally, it reauthorizes the hydroelectric effi-
ciency improvement program in section 243 of the EPAct05. The
hydroelectric production incentives program provides payments to
owners or operators of hydroelectric facilities that are added to ex-
isting dams or conduits. The hydroelectric efficiency improvement
program similarly provides payments, but for the purpose of mak-
ing changes in a facility that improve its efficiency by three percent
or more. The legislation reauthorizes both programs from fiscal
year 2019 through 2036 at the originally authorized level of $10
million each year.
Section 3201 of division Z incorporates portions of H.R. 2909, the
‘‘Promoting Grid Storage Act of 2019’’. This legislation establishes
an RD&D program to advance energy storage technologies and di-
rects the Secretary of Energy to carry out three demonstration
projects, as well as a competitive pilot project grant program. It
also establishes a joint long-term demonstration initiative with the
Secretary of Defense. This section further establishes an energy
storage materials recycling R&D program.
Section 3202 of division Z incorporates H.R. 4447, the ‘‘Expand-
ing Access to Sustainable Energy Act of 2019’’. This legislation es-
tablishes an energy storage and microgrid grant and technical as-
sistance program at DOE for rural electric cooperatives and public
utilities to assist with designing and demonstrating energy storage
and microgrid projects that use energy from renewable energy
sources.
Section 6006 of division Z incorporates a portion of H.R. 1633,
the ‘‘Smart Manufacturing Leadership Act’’. This legislation re-
quires the Secretary of Energy, in consultation with the National
Academies, to develop a national plan for smart manufacturing
technology development and deployment to improve domestic man-
ufacturing sector productivity and efficiency.
Sections 8013 and 8014 of division Z incorporate H.R. 5541, the
‘‘Tribal Power Act’’. This legislation amends the Energy Policy Act
of 1992 section 2601(2) to include any land occupied by a majority
of residents who are members of Alaskan Native Tribes in the defi-
nition of Indian Land. The section also allows the Secretary of En-
ergy to reduce any required cost share for energy projects funded
through the Office of Indian Energy.
Section 11002 of division Z incorporates H.R. 347, the ‘‘Respon-
sible Disposal Reauthorization Act of 2019’’. This legislation
amends the Uranium Mill Tailings Radiation Control Act of 1978
to authorize the operation of the Cheney disposal cell through Sep-
tember 30, 2031.
Section 11004 of division Z incorporates H.R. 1426, the ‘‘Timely
Review of Infrastructure Act’’. This legislation authorizes the Fed-
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eral Energy Regulatory Commission (FERC), under certain condi-
tions, to compensate persons with scientific, technological, engi-
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108
neering, and mathematical skills at a higher level than the rate al-
lowed under the civil service.
Legislative History
On January 3, 2019, H.R. 133 was introduced by Representative
Cuellar and referred to the Committee on Foreign Affairs. On Jan-
uary 10, 2019, the House considered H.R. 133 under a motion to
suspend the Rules and passed H.R. 133 by a voice vote. On Janu-
ary 15, 2020, the Senate passed H.R. 133, amended, by unanimous
consent.
On December 21, 2020, the House passed an amendment to the
Senate amendment to H.R. 133 with portion of amendment com-
prising divisions B, C, E, and F by a recorded vote of 327 yeas and
85 nays (Roll no. 250) and an amendment to the Senate amend-
ment to H.R. 133 (except divisions B, C, E, and F) by a recorded
vote of 359 yeas and 53 nays (Roll no. 251). That same day, the
House pass the Senate amendment to H.R. 133 with amendment
by unanimous consent.
On December 21, 2020, the Senate passed the House amendment
to the Senate amendment to H.R. 133 by a recorded vote of 92 yeas
to 6 nays (Recorded Vote Number 289). On December 27, 2020, the
President signed H.R. 133 into law. The Public Law number had
not been assigned when this report was filed.
H.R. 133 included provisions from the following bills: H.R. 3432,
the ‘‘Safer Pipelines Act of 2019’’, introduced by Representative
Rush; H.R. 762, the ‘‘Streamlining Energy Efficiency for Schools
Act’’, introduced by Representative Cartwright (PA–08); H.R. 3962,
the ‘‘Energy Savings and Industrial Competitiveness Act of 2019’’,
introduced by Representative Welch; H.R. 3079, the ‘‘Energy Sav-
ings Through Public-Private Partnerships Act of 2019’’, introduced
by Representative Welch; H.R. 1420, the ‘‘Energy Efficient Govern-
ment Technology Act’’, introduced by Representative Eshoo; H.R.
2044, the ‘‘Smart Building Acceleration Act’’, introduced by Rep-
resentative Welch; H.R. 5758, the ‘‘Ceiling Fan Improvement Act of
2020’’, introduced by Representative Guthrie; H.R. 2041, the
‘‘Weatherization Enhancement and Local Energy Efficiency Invest-
ment and Accountability Act’’, introduced by Representative Tonko;
H.R. 5650, the ‘‘Federal Energy and Water Management Perform-
ance Act of 2020’’, introduced by Representative Welch; H.R. 1480,
the ‘‘CHP Support Act’’, introduced by Representative Welch; H.R.
2665, the ‘‘Smart Energy and Water Efficiency Act of 2019’’, intro-
duced by Representative McNerney; H.R. 1760, the ‘‘Advanced Nu-
clear Fuel Availability Act’’, introduced by Representative Flores;
H.R. 3361, the ‘‘RIVER Act’’, introduced by Representative McKin-
ley (WV–01); H.R. 2909, the ‘‘Promoting Grid Storage Act of 2019’’,
introduced by Representative Casten; H.R. 4447, the ‘‘Clean Econ-
omy Jobs and Innovation Act’’, introduced by Representative
O’Halleran; H.R. 1633, the ‘‘Clean Economy Jobs and Innovation
Act’’, introduced by Representative Welch; H.R. 5541, the ‘‘Tribal
Power Act’’, introduced by Representative O’Halleran; H.R. 347, the
‘‘Responsible Disposal Reauthorization Act of 2019’’, introduced by
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Representative Tipton (CO–03); and H.R. 1426, the ‘‘Timely Review
of Infrastructure Act’’, introduced by Representative Olson (TX–22).
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109
ENHANCING GRID SECURITY THROUGH PUBLIC PRIVATE
PARTNERSHIPS ACT
H.R. 359
To provide for certain programs and developments in the Depart-
ment of Energy concerning the cybersecurity and vulnerabilities of,
and physical threats to, the electric grid, and for other purposes.
Summary
This legislation directs the Secretary of Energy, in consultation
with States, other Federal agencies, and industry stakeholders, to
create and implement a program to enhance the physical and cyber
security of electric utilities. Among other things, this program
would develop voluntary implementation of methods for assessing
security vulnerabilities. It would provide cybersecurity training to
electric utilities, advance the cybersecurity of utility third-party
vendors, and promote sharing of best practices and data collection
in the electric sector. The bill requires U.S. Department of Energy
(DOE) to submit a report to Congress on cybersecurity and dis-
tribution systems. Finally, the bill requires an update to the Inter-
ruption Cost Estimate (ICE) Calculator at least once every two
years. The ICE Calculator, developed by DOE’s Lawrence Berkeley
Lab and Nexant, Inc., is an electric reliability planning tool for es-
timating electricity interruption costs and the benefits associated
with reliability improvements.
Legislative History
On January 9, 2019, H.R. 359 was introduced by Representative
McNerney and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Energy on January 25, 2019.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 359, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 359, and ordered the bill
reported favorably to the House, without amendment, by a voice
vote.
On October 28, 2019, the Committee on Energy and Commerce
reported H.R. 359 without amendment, to the House (H. Rept.
116–254) and the bill was placed on the Union Calendar (Calendar
No. 202).
On September 29, 2020, the House considered H.R. 359 under a
motion to suspend the Rules and passed the bill, as amended, by
a voice vote.
On September 30, 2020, H.R. 359 was received in the Senate,
read twice, and placed on the Senate Legislative Calendar under
General Orders (Calendar No. 559).
No further action was taken on H.R. 359 in the 116th Congress.
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MOVING FORWARD ACT
H.R. 2 (H.R. 5527, H.R. 2909, H.R. 4447, H.R. 5542, H.R. 5541, H.R. 2043,
H.R. 2119, H.R. 2041, H.R. 2088, H.R. 5650, H.R. 5615, H.R. 1768)
To authorize funds for Federal-aid highways, highway safety pro-
grams, and transit programs, and for other purposes.
Summary
Section 33111 incorporates H.R. 5527, the ‘‘21st Century Power
Grid Act’’. This legislation directs the Secretary of Energy to estab-
lish a program to provide funding to eligible partners for projects
that improve resiliency, performance, or efficiency of the electricity
grid. Partnerships may include (a) a State or local government, a
National Laboratory, an institution of higher education, an Indian
Tribe, a Federal power marketing administration, or an entity that
develops or provides grid technology and (b) either an electric util-
ity, a Regional Transmission Organization, or an Independent Sys-
tem Operator. It authorizes $700 million each year for fiscal years
2021 through 2025.
Sections 33114 (b), (c), and (e) incorporate H.R. 2909, the ‘‘Pro-
moting Grid Storage Act of 2019.’’ This legislation requires the De-
partment of Energy to establish an energy storage program, a tech-
nical assistance and grant program, and a competitive grant pro-
gram for ‘‘pilot energy storage systems.’’ The legislation establishes
a research program within DOE for energy storage systems, compo-
nents, and materials. The program requires the Secretary to coordi-
nate across all relevant DOE program offices and adopt long-term
targets for energy storage system applications. The bill authorizes
$175 million annually for the research program for fiscal years
2020 through 2024. The bill also establishes a technical assistance
and grant program. This program disseminates information, offers
technical assistance, and provides grants to entities to identify,
evaluate, plan, design, and develop processes to procure energy
storage systems. It authorizes $100 million annually for the tech-
nical assistance and grant program for fiscal years 2020 through
2024. H.R. 2909 also directs DOE to conduct workshops where les-
sons learned from the research and technical and grant programs
can be shared. The bill establishes a demonstration program to pro-
vide grants for developing pilot energy storage systems. It author-
izes $150 million for the demonstration program annually for fiscal
years 2020 through 2024.
Section 33115 incorporates H.R. 4447, the ‘‘Expanding Access to
Sustainable Energy Act of 2019’’, as reported by the Committee on
Energy and Commerce. This legislation requires DOE to establish
an energy storage and microgrid grant and technical assistance
program. The program will provide grants and technical assistance
to a rural electric cooperative or non-profit entity, working with at
least six rural electric cooperatives, to assist with designing and
demonstrating energy storage and microgrid projects that utilize
energy from renewable energy sources. The bill authorizes $5 mil-
lion annually for the program from fiscal years 2020 through 2025.
Section 33121 incorporates H.R. 5542, the ‘‘Mitigate Methane
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Now Act’’. This legislation requires the Secretary of Energy to es-
tablish a grant program for States to provide incentives to natural
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gas distribution companies for the improvement of natural gas dis-
tribution systems. The legislation establishes a grant program at
DOE for the purposes of improving public safety and the environ-
mental performance of the natural gas distribution system. The bill
authorizes grant funding to States for the purposes of offsetting
rate increases to low-income households and improving the safety
and environmental performance of natural gas distribution systems
through incentives for natural gas distribution companies to accel-
erate, expand, or enhance improvements to the natural gas dis-
tribution system. In awarding grants under the program, the agen-
cy must prioritize applications that produce quantifiable benefits to
public safety, reduce methane emissions, and benefit low-income
households, among other factors. The bill authorizes $250 million
per year for the program from fiscal years 2021 through 2030.
Section 33161 incorporates H.R. 5541, the ‘‘Tribal Power Act’’.
This legislation amends sections 2601 and 2602 of the Energy Pol-
icy Act of 1992 (EPAct92), reauthorizing programs to assist con-
senting Indian Tribes in meeting energy education, planning, and
management needs. Congress authorized the establishment of an
Indian energy resources development program in EPAct92 and it
established an Office of Indian Energy Policy and Programs at
DOE in the Energy Policy Act of 2005 (EPAct05). The legislation
amends the definition of Indian Land to extend eligibility for grant
funding to consenting Alaskan Native Tribes. The bill also provides
DOE’s Director of the Office of Indian Energy Policy and Programs
the authority to expand programmatic access by reducing applica-
ble cost-share based on criteria such as proven financial need. Fi-
nally, the bill reauthorizes the program at $30 million annually
from fiscal years 2021 through 2025.
Sections 33201, 33202, 33203, 33204, 33205, 33206, 33207, and
33208 incorporate H.R. 2043, the ‘‘Home Owner Managing Energy
Savings’’ or ‘‘HOMES’’ Act. This legislation requires the Secretary
of Energy to establish a Home Energy Savings Retrofit Rebate Pro-
gram to provide rebates to homeowners for retrofits that achieve
home energy savings. For a retrofit to qualify for the program, it
must be implemented and installed by a qualified contractor,
achieve a reduction in home energy use of 20 percent or more, and
include measures with an estimated life of five years or more.
Homeowners performing retrofits projected to save at least 20 per-
cent of energy usage would be eligible for a $2,500 rebate; those
performing retrofits projected to save at least 40 percent of energy
usage would be eligible for a $5,000 rebate. The legislation author-
izes $250 million annually for the program for fiscal years 2020
through 2025. Additionally, it directs the Secretary of Energy to es-
tablish a Residential Energy Pay for Performance pilot program to
encourage the use of measured energy savings in the operation of
residential energy programs. The legislation also requires the pilot
program to provide competitive grants to five or more state energy
offices. The bill authorizes $100 million to carry out this pilot pro-
gram in fiscal year 2021.
Section 33211 incorporates H.R. 2119, a bill to amend the
EPAct05 to reauthorize grants for improving the energy efficiency
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of public buildings. This legislation amends section 125(c) of
EPAct05 to authorize $100 million annually from fiscal years 2021
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through 2025. Section 125 established a grant program to provide
grants for states to improve the energy efficiency of public build-
ings and facilities. EPAct05 originally authorized the program at
$30 million per year.
Section 33231 incorporates H.R. 2041, the ‘‘Weatherization En-
hancement and Local Energy Efficiency Investment and Account-
ability Act’’. This legislation updates the 1976 DOE Weatherization
Assistance Program (WAP). The legislation reauthorizes WAP at
$350 million per year from fiscal years 2020 through 2024. The bill
allows the Secretary of Energy to consider improvements in health
and safety of occupant dwelling units, as well as other non-energy
benefits from weatherization assistance, when reissuing regulations
on program cost effectiveness. It also allows the Secretary of En-
ergy to require periodic review of the use of private contractors in
provisioning weatherization assistance and encouraging expanded
use of contractors, as appropriate. The legislation establishes a
competitive grant program to support innovation in weatherization
assistance, and increases the funding amount that may be used for
administrative purposes from 10 to 15 percent. It also amends the
re-weatherization date so that dwelling units weatherized using
Federal funds, are eligible to receive additional assistance 15 years
after the completion of the previous weatherization assistance.
Section 33241 incorporates H.R. 2088, a bill to amend the Energy
Independence and Security Act of 2007 (EISA) to reauthorize the
Energy Efficiency and Conservation Block Grant (EECBG) Pro-
gram. The EECBG program provides grants to states, local govern-
ments, and Indian Tribes to assist their efforts to reduce fossil fuel
emissions and conserve energy. The grants can be used to improve
energy efficiency in all sectors of the local economy and for a wide
variety of activities, allowing for flexibility to fund projects that
best address local conditions and needs. The bill reauthorizes the
program to provide $3.5 billion annually from fiscal years 2021
through 2025. In addition, the bill includes several amendments to
the program to add the goal of diversifying energy supplies by pro-
moting use of alternative fuels, including funding to deploy infra-
structure for delivering electricity and other alternative fuels.
Sections 33251 and 33252 incorporate H.R. 5650, the ‘‘Federal
Energy and Water Management Performance Act of 2020’’. This
legislation amends the National Energy Conservation Policy Act
(NECPA) to direct the head of each Federal agency to reduce each
year (through 2030) average building energy intensity by 2.5 per-
cent relative to their respective energy intensities in 2018. Addi-
tionally, each agency head must improve water use efficiency and
management through a number of prescribed actions. Those actions
include reducing potable water consumption; lowering industrial,
landscaping, and agricultural water consumption; and installing in-
frastructure features on Federally-owned properties to improve
stormwater and wastewater management. The bill also establishes
in law the FEMP to facilitate implementation of cost-effective en-
ergy and water management and energy-related investment prac-
tices. The program, which would bear responsibility for monitoring
and implementing Federal efficiency standards, provides strategic
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planning and technical assistance, establishes best practices, main-
tains information resources and tools, and recognizes efficiency
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113
achievements. The program would also be responsible for providing
accredited training as well as guidance with portfolio-wide plan-
ning and project integration. The bill authorizes $36 million annu-
ally from fiscal years 2020 through 2024 for this program.
Sections 33261, 33262, 33263, 33264, and 33265 incorporate H.R.
5615, the ‘‘Residential Energy and Economic Savings Act’’ or
‘‘TREES Act’’. This legislation provides incentives for retail power
providers or cities to plant trees to reduce energy costs. Specifi-
cally, DOE must establish a program to award grants to retail
power providers that partner with nonprofit tree-planting organiza-
tions to establish or continue operating tree-planting programs.
Under the program, retail power providers must give residential
consumers free or discounted trees that provide maximum amounts
of shade during the summer or wind protection during the fall and
winter. Retail power providers include entities that generate, dis-
tribute, or provide retail electricity, natural gas, or fuel oil service.
In addition, DOE must annually give an award that designates
communities or other areas as the Arbor City of America. The
award must recognize communities for superior efforts in increas-
ing tree canopy coverage and assisting residents in reducing energy
costs. DOE must give award recipients funding for green infra-
structure or green spaces.
Section 33301 incorporates an updated version of H.R. 1768, the
‘‘Diesel Emission Reduction Act of 2019’’. This legislation reauthor-
izes through fiscal year 2025 a diesel emissions reduction program
under which EPA provides grants, rebates, or loans for replacing
diesel engines or retrofitting the engines with pollution control
technologies.
Legislative History
On June 11, 2020, H.R. 2 was introduced by Representative
DeFazio and referred to the Committee on Transportation and In-
frastructure.
On July 1, 2020, H.R. 2 was considered in the House pursuant
to the provisions of H. Res. 1028 and the bill, as amended, was
passed by a recorded vote of 233 yeas and 188 nays (Roll Call No.
138).
On July 20, 2020, H.R. 2 was received in the Senate.
H.R. 2 contains provisions of the following bills: H.R. 5527, the
‘‘21st Century Power Grid Act’’, introduced by Representative Sar-
banes (MD–03); H.R. 2909, the ‘‘Promoting Grid Storage Act of
2019’’, introduced by Representative Casten; H.R. 4447, the ‘‘Clean
Economy Jobs and Innovation Act’’, introduced by Representative
O’Halleran; H.R. 5542, a bill to require the Secretary of Energy to
establish a grant program for States to provide incentives to nat-
ural gas distribution companies for the improvement of natural gas
distribution systems, and for other purposes, introduced by Rep-
resentative Sherrill (NJ–11); H.R. 5541, the ‘‘Tribal Power Act’’, in-
troduced by Representative O’Halleran; H.R. 2043, the ‘‘HOMES
Act’’, introduced by Representative Welch; H.R. 2119, a bill to
amend the Energy Policy Act of 2005 to reauthorize grants for im-
proving the energy efficiency of public buildings, and for other pur-
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poses introduced by Representative Kelly; H.R. 2041, the ‘‘Weather-
ization Enhancement and Local Energy Efficient Investment and
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114
Accountability Act’’, introduced by Representative Tonko; H.R.
2088, a bill to amend the Energy Independence and Security Act
of 2007 to reauthorize the Energy Efficiency and Conservative
Block Grant Program, and for other purposes, introduced by Rep-
resentative Stanton (AZ–09); H.R. 5650, the ‘‘Federal Energy and
Water Management Performance Act of 2020’’, introduced by Rep-
resentative Welch; and H.R. 5615, the ‘‘TREES Act’’, introduced by
Representative Matsui; and H.R. 1768, the ‘‘Diesel Emissions Re-
duction Act of 2019’’, introduced by Representative Matsui.
CYBER SENSE ACT OF 2020
H.R. 360
To require the Secretary of Energy to establish a voluntary
Cyber Sense program to test the cybersecurity of products and
technologies intended for use in the bulk-power system, and for
other purposes.
Summary
This legislation requires the Secretary of Energy to establish the
Cyber Sense Program. This voluntary program would identify
cyber-secure products that could be used in the bulk-power system.
In addition to making DOE responsible for promoting cyber-secure
products, this legislation requires DOE to determine a testing proc-
ess for Cyber Sense products and establish a cybersecurity vulner-
ability reporting process and database. Additionally, H.R. 360 re-
quires DOE to provide technical assistance to electric utilities,
manufacturers, and other relevant stakeholders related to cyberse-
curity vulnerabilities in products under the Cyber Sense program.
The bill requires all cyber-secure products to be reviewed biennially
to determine how such products respond to and prevent cyber
threats. This legislation also requires DOE to solicit public com-
ment before establishing or altering the Cyber Sense program.
Legislative History
On January 9, 2019, H.R. 360 was introduced by Representative
Latta and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Energy
on January 25, 2019.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 360, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 360, and ordered the bill
reported favorably to the House, without amendment, by a voice
vote.
On October 28, 2019, the Committee on Energy and Commerce
reported H.R. 360, without amendment, to the House (H. Rept.
116–256) and the bill was placed on the Union Calendar (Calendar
No. 204).
On September 29, 2020, the House considered H.R. 360 under a
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motion to suspend the Rules and passed the bill, as amended, by
a voice vote.
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115
On September 30, 2020, H.R. 360 was received in the Senate,
read twice, and referred to the Committee on Energy and Natural
Resources.
No further action was taken on H.R. 360 in the 116th Congress.
ENERGY EMERGENCY LEADERSHIP ACT
H.R. 362
To amend the Department of Energy Organization Act with re-
spect to functions assigned to Assistant Secretaries, and for other
purposes.
Summary
The legislation amends section 203(a) of the Department of En-
ergy Organization Act to create a new DOE Assistant Secretary po-
sition with jurisdiction over all energy emergency and security
functions related to energy supply, infrastructure, and cybersecu-
rity. The bill authorizes the new Assistant Secretary to provide,
upon request, a State, local, or Tribal government, with technical
assistance, and support and response capabilities with respect to
energy security threats, risks, and incidents.
Legislative History
On January 9, 2019, H.R. 362 was introduced by Representative
Rush and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Energy
on January 25, 2019.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 362, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 362, and ordered the bill
reported favorably to the House, without amendment, by a voice
vote.
On October 28, 2019, the Committee on Energy and Commerce
reported H.R. 362, as amended (H. Rept. 116–255) and the bill was
placed on the Union Calendar (Calendar No. 203).
On September 29, 2020, the House considered H.R. 362 under a
motion to suspend the Rules and passed, as amended, by a voice
vote.
On September 30, 2020, H.R. 362 was received in the Senate,
read twice, and referred to the Committee on Energy and Natural
Resources.
No further action was taken on H.R. 362 in the 116th Congress.
PIPELINE AND LNG FACILITY CYBERSECURITY PREPAREDNESS ACT
H.R. 370
To require the Secretary of Energy to carry out a program relat-
ing to physical security and cybersecurity for pipelines and lique-
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fied natural gas facilities.
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Summary
The bill would establish a program at DOE, in coordination with
other Federal agencies, States, and the energy sector, to create
policies and procedures to improve the physical and cyber security
and resiliency of natural gas transmission and distribution pipe-
lines, hazardous liquid pipelines, and liquefied natural gas (LNG)
facilities. The Secretary of Energy would coordinate responses to,
and recovery from, physical and cyber incidents affecting the en-
ergy sector and develop advanced cybersecurity technologies, per-
form pilot demonstration projects, and establish workforce develop-
ment security curricula for pipelines and LNG facilities. Finally,
the bill would provide mechanisms to help the energy sector evalu-
ate, prioritize, and improve its security capabilities.
Legislative History
On January 9, 2019, H.R. 370 was introduced by Representative
Upton (MI–06) and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Energy on January 25, 2019.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 370, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 370, and ordered the bill
reported favorably to the House, without amendment, by a voice
vote.
On November 20, 2019, the Committee on Energy and Commerce
reported H.R. 370, without amendment (H. Rept. 116–303). That
same day, H.R. 370 was referred sequentially to the House Com-
mittee on Transportation and Infrastructure. The bill was then dis-
charged from that Committee and placed on the Union Calendar
(Calendar No. 244).
No further action was taken on H.R. 370 in the 116th Congress.
STREAMLINING ENERGY EFFICIENCY FOR SCHOOLS ACT
H.R. 762
To amend the Energy Policy and Conservation Act to provide for
the dissemination of information regarding available Federal pro-
grams relating to energy efficiency projects for schools, and for
other purposes.
Summary
This legislation would establish a national clearinghouse of infor-
mation on programs and financing options for schools interested in
carrying out energy efficiency projects. Such information would in-
clude resources to help initiate, develop, and finance energy effi-
ciency, distributed generation, and retrofitting projects.
Legislative History
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On January 24, 2019, H.R. 762 was introduced by Representative
Cartwright and referred to the Committee on Energy and Com-
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merce. The bill was subsequently referred to the Subcommittee on
Energy on January 25, 2019.
On March 5, 2019, the House considered H.R. 762 under a mo-
tion to suspend the Rules and passed the bill by a voice vote.
On March 6, 2019, H.R. 762 was received in the Senate, read
twice, and referred to the Senate Committee on Energy and Nat-
ural Resources.
On September 19, 2019, H.R. 762 was reported to the Senate, as
amended, by the Senate Committee on Energy and Natural Re-
sources (S. Rept. 116–108) and the bill was placed on the Senate
Legislative Calendar under General Orders (Calendar No. 208).
No further action was taken on H.R. 762 in the 116th Congress.
BLUE COLLAR TO GREEN COLLAR JOBS DEVELOPMENT ACT OF 2019
H.R. 1315
To direct the Secretary of Energy to establish and carry out a
comprehensive, nationwide, energy-related industries jobs program,
and for other purposes.
Summary
This bill requires the Secretary of Energy to establish a com-
prehensive, nationwide, energy-related industries jobs program to
improve education and training for jobs in energy-related indus-
tries with requirements for the prioritization of underrepresented
communities, unemployed energy workers, and minority-serving in-
stitutions. The bill also permits the Secretary of Energy to provide
direct assistance (including financial assistance awards and tech-
nical expertise) to educational institutions or internships, fellow-
ships, and other opportunities at DOE and DOE national labora-
tories. In addition, the bill requires the Secretary, in carrying out
the program, to collaborate with stakeholders and related Federal
agencies, establish a clearinghouse of resources, and develop guide-
lines for the development of skills for the energy industry work-
force.
The bill also requires the Secretary to establish a program to
provide grants to eligible businesses to pay the eligible wages or
stipends for new and existing employees receiving training to work
in renewable energy, energy efficiency, grid modernization, ad-
vanced fossil energy technology, nuclear energy, cybersecurity, al-
ternative fuels, advanced automotive technology, and fuel cell gen-
eration sectors.
Legislative History
On February 22, 2019, H.R. 1315 was introduced by Representa-
tive Rush and referred to the Committee on Education and Labor,
and in addition to the Committee on Energy and Commerce. The
bill was subsequently referred to the Subcommittee on Energy on
February 25, 2019.
On April 10, 2019, the Subcommittee on Energy held a hearing
on eight bills intended to improve energy efficiency and create a di-
verse workforce, including H.R. 1315. The witnesses included the
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Honorable Daniel R. Simmons, Assistant Secretary, Office of En-
ergy Efficiency and Renewable Energy, Department of Energy, and
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the Honorable James E. Campos, Director, Office of Economic Im-
pact and Diversity, Department of Energy.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 1315 and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1315 and ordered the bill
reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 1315 in the 116th Congress.
TIMELY REVIEW OF INFRASTRUCTURE ACT
H.R. 1426
To amend the Department of Energy Organization Act to address
insufficient compensation of employees and other personnel of the
Federal Energy Regulatory Commission, and for other purposes.
Summary
The bill amends section 401 of the Department of Energy Organi-
zation Act by adding a new subsection (k) at the end. The new sub-
section grants the FERC Chairman additional authority to adjust
compensation for a category of employees and other personnel with-
out regard to certain civil service laws. The FERC Chairman must
publicly certify that other approaches to retaining and attracting
employees are inadequate and that the adjustment to compensation
is necessary to carry out the functions of the FERC Commission in
a timely, efficient, and effective manner. The bill also requires that
the FERC Chairman periodically submit to Congress a report in-
cluding information related to hiring, vacancies, compensation, and
efforts to retain and attract employees.
Legislative History
On February 28, 2019, H.R. 1426 was introduced by Representa-
tive Olson and referred to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Energy on March 1, 2019.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 1426, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in open markup session to consider H.R. 1426, and ordered the bill
reported favorably to the House, without amendment, by a re-
corded vote of 48 yeas and 3 nays.
On December 8, 2020, the Committee on Energy and Commerce
reported H.R. 1426 to the House, without amendment (H. Rept.
116 623) and the bill was placed on the Union Calendar (Calendar
No. 510).
On December 9, 2020, the House considered H.R. 1426 under a
motion to suspend the Rules and passed the bill by a voice vote.
H.R. 1426 was received in the Senate, read twice, and placed on
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the Senate Legislative Calendar under General Orders (Calendar
No. 610).
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No further action was taken on H.R. 1426 in the 116th Congress.
S.T.O.R.A.G.E. ACT
H.R. 1744
To provide for the consideration of energy storage systems by
electric utilities as part of a supply side resource process, and for
other purposes.
Summary
This legislation would establish a standard under the Public
Utility Regulatory Policies Act of 1978 (PURPA) requiring States to
consider investing in energy storage systems. The bill amends
PURPA by adding energy storage systems to the list of strategies
States should consider when developing energy plans. In par-
ticular, States would have to consider requiring that, as part of a
supply-side resource planning process, utilities demonstrate that
they considered an investment in energy storage systems based on
factors such as cost, reliability, security, and system performance
and efficiency.
Legislative History
On March 13, 2019, H.R. 1744 was introduced by Representative
Takano and referred to the Committee on Energy and Commerce,
and in addition to the Committee on Science, Space, and Tech-
nology. The bill was subsequently referred to the Subcommittee on
Energy on March 14, 2019.
On February 12, 2020, the Subcommittee on Energy held a hear-
ing on six bills, including H.R. 1744. The witnesses included the
Honorable Mark W. Menezes, Under Secretary of Energy, U.S. De-
partment of Energy; Kelly Speakes-Backman, Chief Executive Offi-
cer, Energy Storage Association; Bryan Howard, Legislative Direc-
tor, U.S. Green Building Council; Julie Hiromoto, Principal, HKS,
Inc., on behalf of the American Institute of Architects; Lowell
Ungar, Senior Policy Advisor, American Council for an Energy-Effi-
cient Economy; Arn McIntyre, President, McIntyre Builders Inc., on
behalf of the National Association of Home Builders; and Jennifer
Schafer, Executive Director, Federal Performance Contracting Coa-
lition.
No further action was taken on H.R. 1744 in the 116th Congress.
WEATHERIZATION ENHANCEMENT AND LOCAL ENERGY EFFICIENCY
INVESTMENT AND ACCOUNTABILITY ACT
H.R. 2041
To reauthorize the weatherization assistance program, and for
other purposes.
Summary
This legislation updates the 1976 DOE Weatherization Assist-
ance Program (WAP). WAP is the nation’s largest residential
whole-house energy efficiency program, providing formula grant
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funding to all 50 States, the District of Columbia, Native American
Tribes, and five United States territories.
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The bill reauthorizes WAP at $350 million per fiscal year from
fiscal years 2020 through 2024. When reissuing regulations on pro-
gram cost-effectiveness, the bill would allow the Secretary to take
into consideration improvements in health and safety of occupant
dwelling units, as well as other non-energy benefits from weather-
ization assistance. The bill would also allow the Secretary to re-
quire periodic review of the use of private contractors in provi-
sioning weatherization assistance and encouraging expanded use of
contractors, as appropriate.
H.R. 2041 further establishes a competitive grant program to
support innovation in weatherization assistance, and it increases
the funding amount that may be used for administrative purposes
from 10 percent to 15 percent. The bill amends the re-weatheriza-
tion date so that dwelling units weatherized using Federal funds
are eligible to receive additional assistance 15 years after comple-
tion of the previous weatherization assistance.
Legislative History
On April 2, 2019, H.R. 2041 was introduced by Representative
Tonko and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Energy
on April 3, 2019.
On April 10, 2019, the Subcommittee on Energy held a hearing
on eight bills, including H.R. 2041. The witnesses included the
Honorable Daniel R. Simmons, Assistant Secretary, Office of En-
ergy Efficiency and Renewable Energy, Department of Energy, and
the Honorable James E. Campos, Director, Office of Economic Im-
pact and Diversity, Department of Energy.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 2041 and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2041 and ordered the bill
reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 2041 in the 116th Congress.
HOMES ACT
H.R. 2043
To provide for the establishment of a Home Energy Savings Ret-
rofit Rebate Program, and for other purposes.
Summary
This legislation requires the Secretary of Energy to establish a
Home Energy Savings Retrofit Rebate Program to provide rebates
to homeowners for retrofits that achieve home energy savings. For
a retrofit to qualify for the program, it must be implemented and
installed by a qualified contractor, achieve a reduction in home en-
ergy use of 20 percent or more, and include measures with an esti-
mated life of five years or more. Homeowners performing retrofits
are projected to save at least 20 percent of energy usage would be
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eligible for a $2,500 rebate; those performing retrofits projected to
save at least 40 percent of energy usage would be eligible for a
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$5,000 rebate. The bill authorizes $250 million annually for the
program for fiscal years 2021 through 2025.
Additionally, H.R. 2043 directs the Secretary to establish a Resi-
dential Energy Pay for Performance pilot program to encourage the
use of measured energy savings in the operation of residential en-
ergy programs. The legislation also requires the pilot program to
provide competitive grants to five or more State energy offices. The
bill authorizes $100 million to carry out this pilot program in fiscal
year 2021.
Legislative History
On April 3, 2019, H.R. 2043 was introduced by Representative
Welch and referred to the Committee on Energy and Commerce,
and in addition to the Committee on Ways and Means. The bill was
subsequently referred to the Subcommittee on Energy on April 4,
2019.
On April 10, 2019, the Subcommittee on Energy held a hearing
on eight bills intended to improve energy efficiency and create a di-
verse workforce, including H.R. 2043. The witnesses included the
Honorable Daniel R. Simmons, Assistant Secretary, Office of En-
ergy Efficiency and Renewable Energy, Department of Energy, and
the Honorable James E. Campos, Director, Office of Economic Im-
pact and Diversity, Department of Energy.
No further action was taken on H.R. 2043 in the 116th Congress.
SMART BUILDING ACCELERATION ACT
H.R. 2044
To accelerate smart building development, and for other pur-
poses.
Summary
The bill requires the Secretary of Energy to conduct a survey of
smart buildings across the country and then select at least one
building from an appropriate range of building sizes and types to
be evaluated for further assessment. The assessment includes an
evaluation of which advanced building technologies are the most
cost-effective, as well as which show the most promise for decreas-
ing building utility demands and increasing service performance to
building occupants. The Secretary must also establish an initiative
to implement smart building technology at one or more buildings
under each of several Federal agencies and evaluate the costs and
benefits of these buildings.
The bill further directs the Secretary of Energy, in consultation
with private sector property owners, to develop a smart building
initiative to demonstrate policies and approaches that facilitate the
transition to smart buildings under the umbrella of DOE’s Better
Buildings Challenge. Additionally, the bill requires the Secretary of
Energy to conduct research on eliminating barriers to the integra-
tion of advanced building technologies and facilitating the transi-
tion to smart buildings. The legislation also directs the Secretary
of Energy to provide a report to Congress summarizing findings
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and providing recommendations to facilitate the transition to smart
buildings.
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Legislative History
On April 3, 2019, H.R. 2044 was introduced by Representative
Welch and referred to the Committee on Energy and Commerce,
and in addition to the Committees on Transportation and Infra-
structure and Science, Space, and Technology. The bill was subse-
quently referred to the Subcommittee on Energy on April 4, 2019.
On April 10, 2019, the Subcommittee on Energy held a hearing
on eight bills, including H.R. 2044. The witnesses included wit-
nesses included the Honorable Daniel R. Simmons, Assistant Sec-
retary, Office of Energy Efficiency and Renewable Energy, Depart-
ment of Energy, and the Honorable James E. Campos, Director, Of-
fice of Economic Impact and Diversity, Department of Energy.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 2044 and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2044 and ordered the re-
ported favorably to the House, without amendment, by a voice vote.
No further action was taken on H.R. 2044 in the 116th Congress.
TO AMEND THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
TO REAUTHORIZE THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM, AND FOR OTHER PURPOSES.
H.R. 2088
To amend the Energy Independence and Security Act of 2007 to
reauthorize the Energy Efficiency and Conservation Block Grant
Program, and for other purposes.
Summary
This legislation would amend the Energy Independence and Se-
curity Act of 2007 to reauthorize the Energy Efficiency and Con-
servation Block Grant Program. The bill reauthorizes the program
to provide $3.5 billion annually from fiscal years 2021 through
2025. In addition, the bill includes several amendments to the pro-
gram to add the goal of diversifying energy supplies by promoting
use of alternative fuels. Sections 544 and 546 of the law are
amended to explicitly authorize the funding to deploy infrastruc-
ture for delivering alternative fuels (including electricity).
Legislative History
On April 4, 2019, H.R. 2088 was introduced by Representative
Stanton and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Energy
on April 5, 2019.
On April 10, 2019, the Subcommittee on Energy held a hearing
on eight bills, including H.R. 2088. The witnesses included the
Honorable Daniel R. Simmons, Assistant Secretary, Office of En-
ergy Efficiency and Renewable Energy, Department of Energy, and
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the Honorable James E. Campos, Director, Office of Economic Im-
pact and Diversity, Department of Energy.
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On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 2088, and forwarded the bill to the
Committee on Energy and Commerce, amended, by a voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2088, and ordered the bill
reported favorably to the House, as amended, by a voice vote.
No further action was taken on H.R. 2088 in the 116th Congress.
ENHANCING STATE ENERGY SECURITY PLANNING AND EMERGENCY
PREPAREDNESS ACT OF 2019
H.R. 2114
To amend the Energy Policy and Conservation Act to provide
Federal financial assistance to States to implement, review, and re-
vise State energy security plans, and for other purposes.
Summary
This legislation would amend sections of the Energy Policy and
Conservation Act pertaining to the State Energy Conservation
Plans. It adds a new section authorizing a State to use Federal fi-
nancial assistance received through the State Energy Program
(SEP) to implement, revise, and review a State Energy Security
Plan. The bill sets out requirements for the contents of the State
Energy Security Plan. To be eligible to receive assistance under the
SEP, the bill requires the governor of a State to submit to the Sec-
retary of Energy every year a plan, a revision to the plan, or a cer-
tification that no revisions to the plan are necessary. The provision
sunsets in 2024. The bill also reauthorizes the SEP from fiscal
years 2021 through 2025 at $90 million.
Legislative History
On April 8, 2019, H.R. 2114 was introduced by Representative
Rush and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Energy
on April 9, 2019.
On April 10, 2019, the Subcommittee on Energy held a hearing
on eight bills, including H.R. 2114. The witnesses included the
Honorable Daniel R. Simmons, Assistant Secretary, Office of En-
ergy Efficiency and Renewable Energy, Department of Energy, and
the Honorable James E. Campos, Director, Office of Economic Im-
pact and Diversity, Department of Energy.
On September 9, 2019, the House considered H.R. 2114 under a
motion to suspend the Rules and passed the bill, without amend-
ment, by a voice vote.
On September 10, 2019, H.R. 2114 was received in the Senate,
read twice, and referred to the Committee on Energy and Natural
Resources.
On September 25, 2019, H.R. 2114 was reported to the Senate,
amended, by the Committee on Energy and Natural Resources (S.
Rept. 116–137). That same day, it was placed on the Senate Legis-
lative Calendar under General Orders (Calendar No. 257).
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No further action was taken on H.R. 2114 in the 116th Congress.
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TO AMEND THE ENERGY POLICY ACT OF 2005 TO REAUTHORIZE
GRANTS FOR IMPROVING THE ENERGY EFFICIENCY OF PUBLIC
BUILDINGS, AND FOR OTHER PURPOSES.
H.R. 2119
To amend the Energy Policy Act of 2005 to reauthorize grants for
improving the energy efficiency of public buildings, and for other
purposes.
Summary
This legislation amends section 125(c) of the Energy Policy Act
of 2005 to authorize $100 million annually from fiscal years 2021
through 2025. Section 125 established a $30 million per year pro-
gram to provide grants for States to improve the energy efficiency
of public buildings and facilities.
Legislative History
On April 8, 2019, H.R. 2119 was introduced by Representative
Kelly and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Energy
on April 9, 2019.
On April 10, 2019, the Subcommittee on Energy held a hearing
on eight bills, including H.R. 2119. The witnesses included the
Honorable Daniel R. Simmons, Assistant Secretary, Office of En-
ergy Efficiency and Renewable Energy, Department of Energy, and
the Honorable James E. Campos, Director, Office of Economic Im-
pact and Diversity, Department of Energy.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 2119, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2119, and ordered the bill
reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 2119 in the 116th Congress.
LEONEL RONDON PIPELINE SAFETY ACT
H.R. 2139
To amend title 49, United States Code, to improve pipeline safe-
ty, and for other purposes.
Summary
This legislation aims to improve management of distribution
pipeline systems and overall safety by eliminating regulatory short-
falls and applying stringent safety standards to owners, operators,
and regulators.
H.R. 2139 directs the Secretary of Transportation to promulgate
regulations to strengthen existing requirements for distribution in-
tegrity management plans, including by prohibiting companies
from assigning a risk rating of ‘‘zero’’ for low-probability events.
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The bill also directs the Secretary to issue regulations to strength-
en emergency response plans and strengthen gas distribution oper-
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ators’ procedural manuals for operations, maintenance, and emer-
gencies.
The bill requires the Secretary to issue regulations directing each
operator of a distribution pipeline to develop and implement a pipe-
line safety management systems framework in accordance with in-
dustry best practices. The legislation also enhances pipeline safety
practices by requiring distribution system operators to assure that
changes to the pipeline system are approved by a professional engi-
neer, maintain up-to-date maps of the system, and assure that a
qualified gas employee is on-site to monitor gas pressure during
construction. Finally, H.R. 2139 increases PHMSA’s civil penalty
authority and increases the limit on total penalties in current law.
Legislative History
On April 8, 2019, H.R. 2139 was introduced by Representative
Trahan (MA–03) and referred to the Committee on Transportation
and Infrastructure, and in addition to the Committee on Energy
and Commerce. The bill was subsequently referred to the Sub-
committee on Energy on April 9, 2019.
On June 19, 2019, the Subcommittee on Energy held a hearing
on two bills, including H.R. 2139. The witnesses included Christina
Sames, Vice President, Operations & Engineering, American Gas
Association; Chuck Lesniak, Principal, CL3 Consulting; Andrew
Black, President and CEO, Association of Oil Pipelines; and Chris-
topher ‘‘C.J.’’ Osman, Director of Operations, Safety and Integrity,
Interstate Natural Gas Association of America.
No further action was taken on H.R. 2139 in the 116th Congress.
SMART ENERGY AND WATER EFFICIENCY ACT OF 2019
H.R. 2665
To provide for a smart water resource management pilot pro-
gram.
Summary
This legislation establishes a smart energy and water efficiency
management program at DOE. The bill directs the Department to
award grants to eligible entities to demonstrate advanced and inno-
vative technology-based solutions that will do one or more of the
following: increase and improve the energy efficiency of water,
wastewater, and water reuse systems; support the implementation
of innovative processes or the installation of advanced automated
systems providing real-time data on energy and water; or improve
energy and water conservation quality and predictive maintenance
through use of internet-connected technologies.
The bill also establishes a competitive and merit-based grant
award process with selection criteria. It requires an evaluation of
each grant project every year for five years. The legislation would
also make the projects’ best practices available to the public and
produce a report to Congress no later than five years after the pro-
gram’s establishment.
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Legislative History
On May 10, 2019, H.R. 2665 was introduced by Representative
McNerney and referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Natural Resources and
the Committee on Transportation and Infrastructure. The bill was
subsequently referred to the Subcommittee on Energy on May 11,
2019.
On May 16, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 2665, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 17, 2019, the Committee on Energy and Commerce met
in open markup session to consider H.R. 2665, and ordered the bill
reported favorably to the House, amended, by a voice vote.
No further action was taken on H.R. 2665 in the 116th Congress.
CLEAN COMMUTE FOR KIDS ACT OF 2019
H.R. 2906
To reauthorize the Clean School Bus Program.
Summary
This legislation would amend the Energy Policy Act of 2005 to
reauthorize and update the Clean School Bus Program. The Clean
School Bus Program offers competitive grant funding for modern-
izing school bus fleets. The bill broadens grant eligibility criteria to
include electric vehicles and provides prioritization for applicants
seeking to acquire clean school buses with low or zero emissions.
H.R. 2906 reauthorizes the Clean School Bus program at $50 mil-
lion annually from fiscal years 2020 through 2025.
Legislative History
On May 22, 2019, H.R. 2906 was introduced by Representative
Cárdenas and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Energy
on May 23, 2019.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 2906, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
No further action was taken on H.R. 2906 in the 116th Congress.
PROMOTING GRID STORAGE ACT OF 2019
H.R. 2909
To require the Secretary of Energy to establish an energy storage
research program, a demonstration program, and a technical as-
sistance and grant program, and for other purposes.
Summary
This legislation establishes a research program within DOE for
energy storage systems, components, and materials. The program
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requires the Secretary to coordinate across all relevant DOE pro-
gram offices and adopt long-term targets for energy storage system
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applications. The bill authorizes $175 million annually for the re-
search program for fiscal years 2020 through 2024.
The bill also establishes a technical assistance and grant pro-
gram. This program disseminates information, offers technical as-
sistance, and provides grants to entities to identify, evaluate, plan,
design, and develop processes to procure energy storage systems. It
authorizes $100 million annually for the technical assistance and
grant program for fiscal years 2020 through 2024.
H.R. 2909 also directs DOE to conduct workshops where lessons
learned from the research and technical and grant programs can be
shared. The bill establishes a demonstration program from fiscal
years 2020 through 2024 at $150 million annually to provide
grants for the development of pilot energy storage systems.
Legislative History
On May 22, 2019, H.R. 2909 was introduced by Representative
Casten and referred to the Committee on Energy and Commerce,
and in addition to the Committee on Science, Space, and Tech-
nology. The bill was then referred to the Subcommittee on Energy
on May 23, 2019.
On February 12, 2020, the Subcommittee on Energy held a hear-
ing on six bills, including H.R. 2909. The witnesses included the
Honorable Mark W. Menezes, Under Secretary of Energy, U.S. De-
partment of Energy; Kelly Speakes-Backman, Chief Executive Offi-
cer, Energy Storage Association; Bryan Howard, Legislative Direc-
tor, U.S. Green Building Council; Julie Hiromoto, Principal, HKS,
Inc., on behalf of the American Institute of Architects; Lowell
Ungar, Senior Policy Advisor, American Council for an Energy-Effi-
cient Economy; Arn McIntyre, President, McIntyre Builders Inc., on
behalf of the National Association of Home Builders; and Jennifer
Schafer, Executive Director, Federal Performance Contracting Coa-
lition.
No further action was taken on H.R. 2909 in the 116th Congress.
ENERGY SAVINGS THROUGH PUBLIC PRIVATE PARTNERSHIPS ACT OF
2019
H.R. 3079
To amend the National Energy Conservation Policy Act to en-
courage the increased use of performance contracting in Federal fa-
cilities, and for other purposes.
Summary
This legislation would amend the National Energy Conservation
Policy Act to encourage the increased use of performance con-
tracting in Federal facilities.
Performance contracting is a method of financing by which an
entity may fund energy efficiency upgrades over time with savings
generated from capital improvements, typically using Energy Sav-
ings Performance Contracts (ESPCs) or Utility Energy Service Con-
tracts (UESCs). Current law requires Federal facility energy man-
agers to evaluate and identify energy and water efficiency meas-
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ures for Federal facilities. Agencies are not required under Federal
law, however, to implement those measures. This bill would require
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that agencies implement those measures, provided they are cost-ef-
fective.
H.R. 3079 also enables the development of more renewable en-
ergy and resiliency projects by allowing agencies to utilize existing
revenue streams, such as rebates, grid services revenue, and Re-
newable Energy Certificates (RECs), to help fund a project. The bill
prohibits the use of performance contracting at Federal hydro-
electric facilities.
Legislative History
On June 4, 2019, H.R. 3079 was introduced by Representative
Welch and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Energy
on June 5, 2019.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 3079, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in open markup session to consider H.R. 3079, and ordered the bill
reported favorably to the House, without amendment, by a voice
vote.
No further action was taken on H.R. 3079 in the 116th Congress.
RELIABLE INVESTMENT IN VITAL ENERGY REAUTHORIZATION ACT
H.R. 3361
To amend the Energy Policy Act of 2005 to reauthorize hydro-
electric production incentives and hydroelectric efficiency improve-
ment incentives, and for other purposes.
Summary
This legislation would amend section 242 of the Energy Policy
Act of 2005 to reauthorize the hydroelectric production incentives
program. Additionally, the bill reauthorizes the hydroelectric effi-
ciency improvement program set forth in section 243 of that law.
H.R. 3361 reauthorizes both programs from fiscal years 2019
through 2036 at the originally authorized level of $10 million each
year.
Legislative History
On June 19, 2019, H.R. 3361 was introduced by Representative
McKinley and referred to the Committee on Energy and Commerce.
The bill was subsequently referred to the Subcommittee on Energy
on June 20, 2019.
On January 9, 2020, the Subcommittee on Energy met in open
markup session to consider H.R. 3361, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On July 15, 2020, the Committee on Energy and Commerce met
in virtual open markup session to consider H.R. 3361, and ordered
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the bill reported favorably to the House, without amendment, by a
voice vote.
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On December 8, 2020, the Committee on Energy and Commerce
reported H.R. 3361 to the House, without amendment (H. Rept.
116–622) and the bill was placed on the Union Calendar (Calendar
No. 509).
On December 9, 2020, the House considered H.R. 3361 under a
motion to suspend the Rules and the bill passed by a voice vote.
On December 10, 2020, H.R. 3361 was received in the Senate,
read twice, and placed on the Senate Legislative Calendar under
General Orders (Calendar No. 611).
No further action was taken on H.R. 3361 in the 116th Congress.
SAFER PIPELINES ACT OF 2019
H.R. 3432
To amend title 49, United States Code, to improve the safety of
the Nation’s natural gas and hazardous liquid pipeline systems,
and for other purposes.
Summary
H.R. 3432 authorizes appropriations for the following Pipeline
and Hazardous Materials Safety Administration (PHMSA) pro-
grams from fiscal years 2020 through 2023: (1) Operational ex-
penses: $24,215,000 in fiscal year 2020; $24,941,450 in fiscal year
2021; $26,460,000 in fiscal year 2022; and $27,254,000 in fiscal
year 2023; (2) Gas and hazardous liquid management:
$160,800,000 in fiscal year 2020; $165,624,000 in fiscal year 2021;
$170,600,000 in fiscal year 2022; and $175,700,000 in fiscal year
2023; (3) Hazardous liquid funds from the Oil Spill Liability Trust
Fund: $25 million each year in fiscal year 2020 and fiscal year
2021; and $26 million each year in fiscal years 2022 and 2023; (4)
Underground natural storage facility safety: $9 million each year
from fiscal years 2020 through 2023; (5) Emergency response
grants: $12 million each year from fiscal years 2020 through 2023;
(6) Pipeline safety information grants: $2 million each year from
fiscal years 2020 through 2023; (7) State damage prevention pro-
grams: $2 million each year from fiscal years 2020 through 2023;
and (8) One-call notification programs: $2 million each year from
fiscal years 2020 through 2023.
The bill removes duplicative statutory cost-benefit requirements
imposed solely on PHMSA and no other Federal agency. Major
pipeline safety rules would remain subject to the same economic
analysis by the Office of Management and Budget that is applied
to all other major rules. It also requires PHMSA, within two years
of enactment, to promulgate a regulation to prioritize more effec-
tive technologies over direct assessment for interstate pipelines to
fulfill statutory assessment obligations. For distribution systems,
the bill requires PHMSA to study and report on the feasibility of
reducing reliance on direct assessment for inspections.
H.R. 3432 makes changes to PHMSA’s enforcement regime by:
(1) increasing PHMSA’s civil penalty authority; (2) removing the
limit on total penalties in current law; and (3) strengthening the
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criminal penalty standard, moving the standard from ‘‘knowingly
and willfully’’ to ‘‘knowingly or recklessly.’’
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H.R. 3432 restores an individual’s ability to bring civil action
against PHMSA to compel the agency to carry out its statutory ob-
ligations. Additionally, the legislation strikes language in current
law that prohibits pipeline safety information grants from being
funded by user fees.
For pipelines located in high consequence areas, the legislation
requires operators, based on a risk assessment, to install automatic
or remote shutoff valves for liquid and gas pipelines, as appropriate
according to the individual pipeline facility unless PHMSA finalizes
a previously required rulemaking first. Finally, it requires owners
and operators of gas or hazardous liquid pipeline facilities to make
critical operational information available on a segment basis to sur-
rounding communities and first responders.
Legislative History
On June 19, 2019, the Subcommittee on Energy held a hearing
on two bills, including H.R. __, a draft of the Safer Pipelines Act
of 2019. The witnesses included Christina Sames, Vice President,
Operations & Engineering, American Gas Association; Chuck
Lesniak, Principal, CL3 Consulting; Andrew Black, President and
CEO, Association of Oil Pipelines; and Christopher ‘‘C.J.’’ Osman,
Director of Operations, Safety and Integrity, Interstate Natural
Gas Association of America.
On June 24, 2019, H.R. 3432 was introduced by Representative
Rush, and referred to the Committee on Transportation and Infra-
structure, and in addition to the Committee on Energy and Com-
merce. The bill was subsequently referred to the Subcommittee on
Energy on June 24, 2019.
On June 26, 2019, the Subcommittee on Energy met in open
markup session to consider H.R. 3432, and forwarded the bill to the
Committee on Energy and Commerce, without amendment, by a
voice vote.
On November 19, 2019, the Committee on Energy and Commerce
met in open markup session to consider H.R. 3432, and ordered the
bill reported favorably to the House, amended, by unanimous con-
sent.
No further action was taken on H.R. 3432 in the 116th Congress.
ENERGY SAVINGS AND INDUSTRIAL COMPETITIVENESS ACT OF 2019
H.R. 3962
To promote energy savings in residential buildings and industry,
and for other purposes.
Summary
This legislation would promote energy savings and emissions re-
ductions by supporting the use of energy efficiency technologies in
the residential, commercial, and industrial sectors.
H.R. 3962 includes a suite of provisions to promote energy effi-
ciency. The bill strengthens national building codes to make new
homes and commercial buildings more energy efficient. It also pro-
vides retrofitting assistance for schools and creates a program to
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account for energy-efficient features in the mortgage appraisal and
underwriting process for federally backed mortgages.
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In addition, H.R. 3962 encourages efficiency technology and proc-
esses for industrial applications, expands DOE’s Industrial Assess-
ment Centers, and incentivizes the use of more energy-efficient
electric motors and transformers. The bill also requires the Federal
Government to adopt energy savings techniques for computers, al-
lows Federal agencies to use existing funds to update plans to
make new Federal buildings more energy-efficient, and establishes
long-term energy and water efficiency goals for the Federal Govern-
ment.
Finally, H.R. 3962 repeals section 433 of the Energy Independ-
ence and Security Act. Section 433 established a requirement that
new and renovated Federal buildings be designed so that fossil
fuel-generated energy consumption of the building is reduced to
zero percent by 2030.
Legislative History
On July 25, 2019, H.R. 3962 was introduced by Representative
Welch and referred to the Committee on Energy and Commerce,
and in addition to the Committees on Transportation and Infra-
structure, Science, Space, and Technology, Financial Services, the
Budget, and Oversight and Reform. The bill was subsequently re-
ferred to the Subcommittee on Energy on July 26, 2019.
On February 12, 2020, the Subcommittee on Energy held a hear-
ing on six bills, including H.R. 3962. The witnesses included the
Honorable Mark W. Menezes, Under Secretary of Energy, U.S. De-
partment of Energy; Kelly Speakes-Backman, Chief Executive Offi-
cer, Energy Storage Association; Bryan Howard, Legislative Direc-
tor, U.S. Green Building Council; Julie Hiromoto, Principal, HKS,
Inc., on behalf of the American Institute of Architects; Lowell
Ungar, Senior Policy Advisor, American Council for an Energy-Effi-
cient Economy; Arn McIntyre, President, McIntyre Builders Inc., on
behalf of the National Association of Home Builders; and Jennifer
Schafer, Executive Director, Federal Performance Contracting Coa-
lition.
No further action was taken on H.R. 3962 in the 116th Congress.
CLEAN ECONOMY JOBS AND INNOVATION ACT
H.R. 4447 (H.R. 762, H.R. 1420, H.R. 5650, H.R. 3079, H.R. 2043, H.R. 2041,
H.R. 5758, H.R. 2665, H.R. 2088, H.R. 2119, H.R. 2044, H.R. 3962, H.R.
1744, H.R. 2909, H.R. 5335, H.R. 8165, H.R. 3361, H.R. 3432, H.R. 5542,
H.R. 5454, H.R. 1760, H.R. 3306, H.R. 7141, H.R. 5527, H.R. 2114, H.R.
5541, H.R. 1768, H.R. 2906, H.R. 5518, H.R. 5545, H.R. 1480, H.R. 1315,
H.R. 347, H.R. 1426, H.R. 3420, H.R. 1633, H.R. 4447)
To establish an energy storage and microgrid grant and technical
assistance program.
Summary
Sections 1101, 1102, 1103, 1111, 1112, 1121, 1201, 1202, 1203,
1204, 1211, 1221, 1301, 1302, 1401, 1411, and 1412 incorporate
H.R. 3962, the ‘‘Energy Savings Industrial Competitiveness Act of
2020.’’ This legislation promotes energy savings and emissions re-
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ductions by supporting the use of energy efficiency technologies in
the residential, commercial, and industrial sectors. It includes a
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suite of provisions to promote energy efficiency. The legislation
strengthens national building codes to make new homes and com-
mercial buildings more energy efficient. It also provides retrofitting
assistance for schools and creates a program to account for energy-
efficient features in the mortgage appraisal and underwriting proc-
ess for federally backed mortgages. In addition, the legislation en-
courages efficiency technology and processes for industrial applica-
tions, expands DOE’s Industrial Assessment Centers, and
incentivizes the use of more energy-efficient electric motors and
transformers. It also requires the Federal Government to adopt en-
ergy savings techniques for computers, allows Federal agencies to
use existing funds to update plans to make new Federal buildings
more energy-efficient, and establishes long-term energy and water
efficiency goals for the Federal Government.
Section 1121 incorporates H.R. 762, the ‘‘Streamlining Energy
Efficiency for Schools Act’’. This legislation directs DOE’s Office of
Energy Efficiency and Renewable Energy to act as the lead agency
for coordinating and disseminating information on existing pro-
grams and assistance that may be used to help initiate, develop,
and finance energy efficiency, renewable energy, and energy retro-
fitting projects for schools.
Sections 1301 and 1302 incorporate H.R. 1420, the ‘‘Energy Effi-
cient Government Technology Act’’. This legislation requires each
Federal agency to coordinate with the Office of OMB, DOE, and the
Environmental Protection Agency to develop an implementation
strategy for the maintenance, purchase, and use of energy-efficient
and energy-saving information technologies at or for federally
owned and operated facilities. DOE must maintain a data center
energy practitioner program that leads to the certification of energy
practitioners qualified to evaluate the energy usage and efficiency
opportunities in federally owned and operated data centers. DOE
also must establish an open data initiative to make information
about Federal data center energy usage available and accessible in
a manner that encourages data center innovation, optimization,
and consolidation.
Section 1411 incorporates H.R. 5650, the ‘‘Federal Energy and
Water Management Performance Act of 2020’’. This legislation
amends NECPA to direct the head of each Federal agency to re-
duce each year (through 2030) average building energy intensity by
2.5 percent relative to their respective energy intensities in 2018.
Additionally, each agency head must improve water use efficiency
and management through a number of prescribed actions. These
actions include reducing potable water consumption; lowering in-
dustrial, landscaping, and agricultural water consumption; and in-
stalling infrastructure features on federally-owned properties to im-
prove stormwater and wastewater management. The bill also es-
tablishes FEMP in law to facilitate implementation of cost-effective
energy and water management and energy-related investment
practices. The program, which would bear responsibility for moni-
toring and implementing Federal efficiency standards, provides
strategic planning and technical assistance, establishes best prac-
tices, maintains information resources and tools, and recognizes ef-
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ficiency achievements. The program would also be responsible for
providing accredited training as well as guidance with portfolio-
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wide planning and project integration. The bill authorizes $36 mil-
lion annually from fiscal years 2020 through 2024 for this program.
Section 1413 incorporates H.R. 3079, the ‘‘Energy Savings
through Public-Private Partnerships Act of 2019’’. This legislation
amends NECPA to encourage the increased use of performance con-
tracting in Federal facilities. Performance contracting is a method
of financing by which an entity may fund energy efficiency up-
grades over time with savings generated from capital improve-
ments, typically using Energy Savings Performance Contracts
(ESPCs) or Utility Energy Service Contracts (UESCs). Entities en-
gaged in an ESPC or UESC are generally able to recuperate sav-
ings generated by efficiency improvements following a period of re-
payment to the individual or company performing those facility up-
grades. Current law requires Federal facility energy managers to
evaluate and identify energy and water efficiency measures for
Federal facilities. Agencies are not required under Federal law,
however, to implement those measures. This bill would require
that agencies implement those measures, provided they are cost-ef-
fective. H.R. 3079 also enables the development of more renewable
energy and resiliency projects by allowing agencies to utilize exist-
ing revenue streams, such as rebates, grid services revenue, and
Renewable Energy Certificates (RECs), to help fund a project. The
bill prohibits the use of performance contracting at Federal hydro-
electric facilities.
Sections 1521, 1522, 1523, 1524, 1525, 1526, and 1527 incor-
porate H.R. 2043, the ‘‘Home Owner Managing Energy Savings’’ or
‘‘HOMES’’ Act. This legislation requires the Secretary of Energy to
establish a Home Energy Savings Retrofit Rebate Program to pro-
vide rebates to homeowners for retrofits that achieve home energy
savings. For a retrofit to qualify for the program, it must be imple-
mented and installed by a qualified contractor, achieve a reduction
in home energy use of 20 percent or more, and include measures
with an estimated life of five years or more. Homeowners per-
forming retrofits projected to save at least 20 percent of energy
usage would be eligible for a $2,500 rebate; those performing retro-
fits projected to save at least 40 percent of energy usage would be
eligible for a $5,000 rebate. The legislation authorizes $250 million
annually for the program for fiscal years 2020 through 2025. Addi-
tionally, it directs the Secretary of Energy to establish a Residen-
tial Energy Pay for Performance pilot program to encourage the
use of measured energy savings in the operation of residential en-
ergy programs. The legislation also requires the pilot program to
provide competitive grants to five or more state energy offices. The
bill authorizes $100 million to carry out this pilot program in fiscal
year 2021.
Sections 1601, 1602, 1603, and 1604 incorporate H.R. 2041, the
‘‘Weatherization Enhancement and Local Energy Efficiency Invest-
ment and Accountability Act’’. The legislation reauthorizes WAP at
$350 million per year from fiscal years 2020 through 2024. It al-
lows the Secretary of Energy to consider improvements in health
and safety of occupant dwelling units, as well as other non-energy
benefits from weatherization assistance, when reissuing regulations
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on program cost effectiveness. It also allows the Secretary of En-
ergy to require periodic review of the use of private contractors in
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provisioning weatherization assistance and encouraging expanded
use of contractors, as appropriate. The legislation establishes a
competitive grant program to support innovation in weatherization
assistance, and increases the funding amount that may be used for
administrative purposes from 10 to 15 percent. It further amends
the re-weatherization date so that dwelling units weatherized using
Federal funds, are eligible to receive additional assistance 15 years
after the completion of the previous weatherization assistance.
Section 1801 incorporates H.R. 5758, the ‘‘Ceiling Fan Improve-
ment Act of 2020’’. This legislation amends the Energy Policy and
Conservation Act (EPCA) to make technical corrections to the en-
ergy conservation standard for large-diameter ceiling fans. DOE
issued a final rule in January 2017 setting energy efficiency stand-
ards for ceiling fans with a compliance date of January 2020. The
legislation amends the final rule to adjust compliance requirements
related to total airflow, and power consumption for large-diameter
ceiling fans.
Section 1802 incorporates H.R. 2665, the ‘‘Smart Energy and
Water Efficiency Act of 2019’’. This legislation establishes a smart
energy and water efficiency management program. The bill directs
DOE to award grants to eligible entities to demonstrate advanced
and innovative technology-based solutions that will do one or more
of the following: increase and improve the energy efficiency of
water, wastewater, and water reuse systems; support the imple-
mentation of innovative processes or the installation of advanced
automated systems providing real-time data on energy and water;
or improve energy and water conservation quality and predictive
maintenance through use of internet-connected technologies. It also
establishes a competitive and merit-based grant award process
with selection criteria and requires an evaluation of each grant
project every year for five years. The legislation would also make
the projects’ best practices available to the public and produce a re-
port to Congress no later than five years after the program’s estab-
lishment.
Section 1803 incorporates H.R. 2088, a bill to amend the Energy
Independence and Security Act of 2007 to reauthorize the Energy
Efficiency and Conservation Block Grant Program (EECBG). The
EECBG program provides grants to states, local governments, and
Indian Tribes to assist their efforts to reduce fossil fuel emissions
and conserve energy. The grants can be used to improve energy ef-
ficiency in all sectors of the local economy and for a wide variety
of activities, allowing for flexibility to fund projects that best ad-
dress local conditions and needs. The bill reauthorizes the program
to provide $3.5 billion annually from fiscal years 2021 through
2025. In addition, the bill includes several amendments to the pro-
gram to add the goal of diversifying energy supplies by promoting
use of alternative fuels, including funding to deploy infrastructure
for delivering electricity and other alternative fuels.
Section 1804 incorporates H.R. 2119, a bill to amend the
EPAct05 to reauthorize grants for improving the energy efficiency
of public buildings. This legislation amends section 125(c) of
EPAct05 to authorize $100 million annually from fiscal years 2021
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through 2025. Section 125 established a grant program to provide
grants for states to improve the energy efficiency of public build-
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ings and facilities. EPAct05 originally authorized the program at
$30 million per year.
Section 1805 incorporates H.R. 2044, the ‘‘Smart Building Accel-
eration Act’’. This legislation requires the Secretary of Energy to
conduct a survey of smart buildings across the country and then se-
lect at least one building from an appropriate range of building
sizes and types to be evaluated for further assessment. The assess-
ment includes an evaluation of which advanced building tech-
nologies are the most cost-effective, as well as which show the most
promise for decreasing building utility demands and increasing
service performance to building occupants. The Secretary of Energy
must also establish an initiative to implement smart building tech-
nology at one or more buildings under each of several Federal
agencies and also evaluate the costs and benefits of these buildings.
The legislation also directs the Secretary of Energy, in consultation
with private sector property owners, to develop a smart building
initiative to demonstrate policies and approaches that facilitate the
transition to smart buildings under the umbrella of the DOE Better
Buildings Challenge. It further directs the Secretary of Energy to
conduct research on eliminating barriers to the integration of ad-
vanced building technologies and facilitating the transition to
smart buildings. The legislation also requires the Secretary of En-
ergy to provide a report to Congress summarizing findings and pro-
viding recommendations to facilitate the transition to smart build-
ings.
Sections 2101 and 2102 incorporate H.R. 1744, the ‘‘Storage
Technology for Operational Readiness And Generating Energy Act’’
or the ‘‘S.T.O.R.A.G.E. Act’’. This legislation establishes a standard
under the Public Utility Regulatory Policies Act of 1978 (PURPA)
requiring states to consider investing in energy storage systems. It
amends PURPA by adding energy storage systems to the list of
strategies states should consider when developing energy plans. In
particular, states would have to consider requiring that, as part of
a supply-side resource planning process, utilities demonstrate that
they considered an investment in energy storage systems based on
factors such as cost, reliability, security, and system performance
and efficiency.
Sections 2121, 2122, and 2123 incorporate H.R. 4447, the ‘‘Ex-
panding Access to Sustainable Energy Act of 2019’’. This legislation
requires DOE to provide grants and technical assistance to assist
rural electric cooperatives with identifying, evaluating, designing,
and demonstrating energy storage and microgrid projects that uti-
lize energy from renewable energy sources.
Section 2201 incorporates H.R. 3361, the ‘‘Reliable Investment in
Vital Energy Reauthorization Act’’ or ‘‘RIVER Act’’. This legislation
amends section 242 of EPAct05 to reauthorize the hydroelectric
production incentives program. Additionally, it reauthorizes the hy-
droelectric efficiency improvement program in EPAct05 section 243.
The hydroelectric production incentives program provides payments
to owners or operators of hydroelectric facilities that are added to
existing dams or conduits. The hydroelectric efficiency improve-
ment program similarly provides payments, but for the purpose of
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making changes in a facility that improve its efficiency by three
percent or more. The legislation reauthorizes both programs from
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fiscal years 2019 through 2036 at the originally authorized level of
$10 million each year.
Sections 2301, 2302, 2303, and 2304 incorporate H.R. 5335, the
‘‘American Energy Opportunity Act’’. This legislation establishes a
process for expediting and standardizing the permitting process for
certain distributed energy systems. It defines such systems as
equipment or materials installed in, on, or near a building to sup-
port onsite or local energy use, such as solar energy, batteries, and
charging systems for electrical vehicles. Specifically, DOE must es-
tablish or designate a Distributed Energy Opportunity Board to
carry out a program to (1) expedite the process for local permitting
and inspection of qualifying distributed energy systems, and (2) fa-
cilitate the certification of distributed energy system installers. In
addition, DOE must recognize and certify communities as Distrib-
uted Energy Opportunity Communities if they adopt and imple-
ment a permit-to-build protocol that is established by the board.
DOE may award grants to encourage communities to adopt the
protocol and standardized inspection processes established by the
board.
Section 2401 incorporates H.R. 8165, the ‘‘Affordable Solar En-
ergy for Our Communities Act’’. This legislation establishes a pro-
gram at DOE to provide grants, rebates, and loans for the planning
and construction of solar installations benefitting low-income and
underserved areas. It provides assistance for community solar fa-
cilities located in underserved areas, solar generating facilities lo-
cated at low-income households, or solar generating facilities lo-
cated at federally subsidized multi-family affordable housing com-
plexes. Grants, rebates, and loans are provided for both planning
projects and installation projects.
Section 3201 incorporates H.R. 5542, the ‘‘Mitigate Methane Now
Act’’. This legislation requires the Secretary of Energy to establish
a grant program for States to provide incentives to natural gas dis-
tribution companies for the improvement of natural gas distribu-
tion systems. The legislation establishes a grant program at DOE
for the purposes of improving public safety and the environmental
performance of the natural gas distribution system. The bill au-
thorizes grant funding to States for the purposes of offsetting rate
increases to low-income households and improving the safety and
environmental performance of natural gas distribution systems
through incentives for natural gas distribution companies to accel-
erate, expand, or enhance improvements to the natural gas dis-
tribution system. In awarding grants under the program, the agen-
cy must prioritize applications that produce quantifiable benefits to
public safety, reduce methane emissions, and benefit low-income
households, among other factors. The bill authorizes $250 million
per year for the program from fiscal years 2021 through 2030.
Section 3301 incorporates H.R. 5454, the ‘‘Fairness for Land-
owners Facing Eminent Domain Act’’. This legislation addresses
the use of eminent domain by the holder of a certificate of public
convenience and necessity to acquire land or property with respect
to the construction and operation of a natural gas pipeline facility.
Specifically, it prohibits the use of eminent domain unless the hold-
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er (1) obtains all Federal and state permits required by law for the
construction and operation of pipeline facilities, and (2) complies
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with all environmental conditions appended to the certificate order.
It also suspends eminent domain authority if the holder requests
a material amendment to the certificate, or a Federal or State per-
mit held by the holder is vacated or remanded. And the legislation
prohibits the use of eminent domain if the pipeline, land, or other
property necessary for the construction and operation of the nat-
ural gas pipeline is attached to any facility that imports or exports
natural gas from or to a foreign country.
Sections 4101, 4102, 4103, and 4104 incorporate H.R. 1760, the
‘‘Advanced Nuclear Fuel Availability Act’’. This legislation directs
DOE’s Office of Nuclear Energy to develop and deploy high-assay
low-enriched uranium for domestic commercial use and to develop
a schedule for recovering costs associated with such development.
Section 4301 incorporates H.R. 7141, the ‘‘Defending Against
Rosatom Exports Act’’. This legislation extends to 2035 limits set
in 1992 on the importation of Russian low-enriched uranium, a fuel
for nuclear reactors, and contains other related provisions. It also
specifies the maximum amounts of qualifying uranium that may be
imported each year for 2021 through 2035. No more than 25 per-
cent of qualifying uranium may be imported each year under a con-
tract other than a contract exclusively for separative work units.
Section 5101 incorporates H.R. 5527, the ‘‘21st Century Power
Grid Act’’. This legislation requires the Secretary of Energy to es-
tablish a program to provide financial assistance for projects relat-
ing to the modernization of the electric grid. Specifically, it requires
eligible projects be designed to improve the resiliency, performance,
or efficiency of the electric grid, while demonstrating secure inte-
gration and management of energy resources, communications
interoperability, or information technologies. It also stipulates that
each project carried out with financial assistance from the program
include a cybersecurity plan to comply with guidelines in accord-
ance with DOE’s ‘‘DataGuard Energy Data Privacy Program.’’
Section 5201 incorporates H.R. 2114, the ‘‘Enhancing State En-
ergy Security Planning and Emergency Preparedness Act of 2019’’.
This legislation adds a new section to EPCA authorizing a state to
use Federal financial assistance received through the State Energy
Program (SEP) to implement, revise, and review a State Energy
Security Plan. The bill sets out requirements for the contents of the
State Energy Security Plan. To be eligible to receive assistance
under the SEP, the legislation requires the Governor of a State to
submit a plan, a revision to the plan, or a certification that no revi-
sions to the plan are necessary to the Secretary of Energy every
year. The provision sunsets in 2024. The legislation also reauthor-
izes the SEP from fiscal years 2021 through 2025 at $90 million
annually.
Sections 5401 and 5402 incorporate H.R. 5541, the ‘‘Tribal Power
Act’’. This legislation amends sections 2601 and 2602 of EPAct92,
reauthorizing programs to assist consenting Indian Tribes in meet-
ing energy education, planning, and management needs. Congress
authorized the establishment of an Indian energy resources devel-
opment program in EPAct92 and it established an Office of Indian
Energy Policy and Programs at DOE in EPAct05. The legislation
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amends the definition of Indian Land to extend eligibility for grant
funding to consenting Alaskan Native Tribes. The bill also provides
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DOE’s Director of the Office of Indian Energy Policy and Programs
the authority to expand programmatic access by 5 reducing appli-
cable cost-share based on criteria such as proven financial need. Fi-
nally, the bill reauthorizes the program at $30 million annually
from fiscal years 2021 through 2025.
Section 6101 incorporates an updated version of H.R. 1768, the
‘‘Diesel Emission Reduction Act of 2019’’. This section reauthorizes
through fiscal year 2025 a diesel emissions reduction program
under which EPA provides grants, rebates, or loans for replacing
diesel engines or retrofitting the engines with pollution control
technologies.
Section 6201 incorporates H.R. 2906, the ‘‘Clean Commute for
Kids Act of 2019’’. This legislation amends EPAct05 to reauthorize
and update the Clean School Bus Program. The Clean School Bus
Program offers competitive grant funding for modernizing school
bus fleets. The legislation broadens grant eligibility criteria to in-
clude electric vehicles and provides prioritization for applicants
seeking to acquire clean school buses with low or zero emissions.
H.R. 2906 reauthorizes the Clean School Bus program at $50 mil-
lion annually from fiscal years 2020 through 2025.
Section 6301 incorporates H.R. 5518, a bill to require the Sec-
retary of Energy to carry out a Clean Cities Coalition Program, and
for other purposes. This legislation requires the Secretary of En-
ergy to carry out a Clean Cities Coalition Program. The purpose of
the program is to reduce dependence on petroleum fuels through
the development of local government-industry partnerships to en-
courage the use of alternative fuels and vehicles. H.R. 5518 for-
mally authorizes the existing DOE program in law and establishes
program elements. The legislation authorizes the program begin-
ning in fiscal year 2020 at $50 million and increases incrementally
each year, ultimately reaching $100 million in fiscal year 2024.
Sections 6501, 6502, 6503, 6504, 6505, 6506, 6507, 6508, 6509,
6510, 6511, and 6512 incorporate H.R. 5545, the ‘‘New Opportuni-
ties to Expand Healthy Air Using Sustainable Transportation Act
of 2020’’, or ‘‘NO EXHAUST Act of 2020’’. This legislation promotes
the domestic manufacturing and use of advanced, fuel-efficient ve-
hicles and zero-emission vehicles and encourages electrification of
the transportation sector. It establishes a new program to provide
rebates for electric vehicle charging stations. It also directs the Sec-
retary of Energy to assess the accessibility of electric vehicle charg-
ing infrastructure in urban, underserved communities, and to con-
sider the needs of underserved or disadvantaged communities when
implementing programs to expand infrastructure to support clean
transportation. The legislation further directs the Secretary to es-
tablish or update model building codes to enable greater electric ve-
hicle charging equipment integration. It also amends PURPA sec-
tion 111(d) to require states consider additional measures that will
promote expanded development of electric vehicle charging net-
works. Additionally, the legislation amends EPCA sections 362 and
365 to authorize funding for the development of State energy trans-
portation and conservation plans. It also amends section 303 of
EPAct92 to increase the percentage of alternative fueled vehicles
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that Federal agencies must acquire and sets minimum require-
ments for the percentage of alternative fueled vehicles that must
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139
be zero emission vehicles. Additionally, the legislation amends
EPCA section 400FF to increase the requirement for Federal use
of alternative fuels, and includes a new requirement to reduce Fed-
eral fleet greenhouse gas emissions. Further, it amends subtitle B
of title VII of EPAct05 to expand eligibility for the domestic manu-
facturing conversion grant program to include plug-in vehicles. And
it amends EISA section 136 to modify the definition of an ‘‘ad-
vanced technology vehicle’’ to include ultra-efficient vehicles and
light- and medium-duty vehicles that meet specific regulatory emis-
sion standards.
Sections 9101, 9102, 9103, 9104, 9105, and 9106 incorporate H.R.
1633, the ‘‘Smart Manufacturing Leadership Act’’. This legislation
addresses the productivity and energy efficiency of the manufac-
turing sector as well as the development of smart manufacturing
technologies (certain advanced technologies in information, automa-
tion, monitoring, computation, sensing, modeling, and networking).
DOE must complete a national plan for smart manufacturing tech-
nology development and deployment to improve the productivity
and energy efficiency of the U.S. manufacturing sector. DOE must
revise the plan biennially to account for advancements in informa-
tion and communication technology and manufacturing needs. DOE
may make grants to states for supporting the implementation of
smart manufacturing technologies. States must use those grants to
(1) provide access to shared supercomputing facilities to small- and
medium-sized manufacturers, (2) fund research and development of
transformational manufacturing processes and materials tech-
nology that advance smart manufacturing, and (3) provide tools
and training to aid the adoption of energy management systems
and implement smart manufacturing technologies in the manufac-
turers’ facilities. DOE must expand the scope of technologies cov-
ered by Industrial Assessment Centers to (1) include smart manu-
facturing technologies and practices, and (2) equip the centers’ di-
rectors with the training and tools necessary to provide technical
assistance in smart manufacturing technologies and practices. DOE
must (1) study how it can increase access to existing high-perform-
ance computing resources in the National Laboratories, and (2) fa-
cilitate access to the laboratories by small- and medium-sized man-
ufacturers.
Section 9401 incorporates H.R. 1480, the ‘‘Combined Heat and
Power Support Act’’. This legislation redesignates DOE’s Clean En-
ergy Application Centers as the CHP Technical Assistance Partner-
ship Program. The program encourages deployment of combined
heat and power, heat to power, and efficient district energy tech-
nologies. It also provides project specific support to building and in-
dustrial professionals through economic and engineering assess-
ments and advisory activities. The legislation reauthorizes the pro-
gram through fiscal year 2024.
Sections 12101, 12102, 12103, 12111, 12112, and 12113 incor-
porate H.R. 1315, the ‘‘Blue Collar to Green Collar Jobs Act of
2019’’. This legislation amends section 211 of the Department of
Energy Organization Act to rename the Office of Minority Eco-
nomic Impact as the Office of Economic Impact, Diversity, and Em-
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ployment. The legislation promotes energy workforce development
by creating ‘‘a comprehensive nationwide program to improve edu-
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140
cation and training for jobs in energy-related industries.’’ Among
other things, it encourages underrepresented groups—including re-
ligious and ethnic minorities, women, veterans, individuals with
disabilities, socioeconomically disadvantaged individuals, and re-
turning citizens—to enter the science, technology, engineering, and
mathematics (STEM) fields. The legislation also requires DOE to
provide direct assistance (including financial assistance awards and
technical expertise) to educational institutions, local workforce de-
velopment boards, State workforce development boards, non-profit
organizations, labor organizations, and apprenticeship programs. It
directs the Secretary of Energy to collaborate with the Secretaries
of Labor and Education to develop educational guidelines and con-
duct outreach to minority-serving educational institutions and dis-
placed and unemployed energy and manufacturing workers. In ad-
dition, it establishes a program to provide grants to eligible busi-
nesses to pay the eligible wages of new and existing employees re-
ceiving training to work in renewable energy, energy efficiency,
grid modernization, carbon capture and storage, and fuel cell gen-
eration sectors.
Section 12602 incorporates H.R. 1426, the ‘‘Timely Review of In-
frastructure Act’’. This legislation amends section 401 of the De-
partment of Energy Organization Act by adding a new subsection
(k) at the end. The new subsection grants the Federal Energy Reg-
ulatory Commission Chairman additional authority to adjust com-
pensation for a category of employees and other personnel without
regard to certain civil service laws. The FERC Chairman must pub-
licly certify that other approaches to retaining and attracting em-
ployees are inadequate and that the adjustment to compensation is
necessary to carry out the functions of FERC in a timely, efficient,
and effective manner. It also requires that the FERC Chairman pe-
riodically submit to Congress a report including information related
to hiring, vacancies, compensation, and efforts to retain and attract
employees.
Section 12603 incorporates H.R. 3240, the ‘‘Public Engagement at
FERC Act’’. This legislation amends the section 319 of the Federal
Power Act to facilitate communication with the public relating to,
and participation by the public in, matters under FERC’s jurisdic-
tion. It also requires the Office of Public Participation to advocate
for, and act as a liaison with, environmental justice communities
on matters under FERC’s jurisdiction. Additionally, it specifies that
Office funding shall be derived from fees and charges collected
under section 3401 of the Omnibus Budget Reconciliation Act of
1986.
Legislative History
On September 20, 2019, H.R. 4447 was introduced by Represent-
ative O’Halleran, and referred to the Committee on Energy and
Commerce, and in addition to the Committee on Science, Space,
and Technology. The bill was then referred to the Subcommittee on
Energy on September 23, 2019.
On February 12, 2020, the Subcommittee on Energy held a hear-
ing on six bills, including H.R. 4447. The witnesses included the
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Honorable Mark W. Menezes, Under Secretary of Energy, U.S. De-
partment of Energy; Kelly Speakes-Backman, Chief Executive Offi-
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