Senate Commerce Committee Issues Report on Activities During 117th Congress (Part 3 of 4)

WASHINGTON, May 26 -- The Senate Commerce, Science and Transportation Committee issued a report (S.Rpt. 118-21) on its activities during the 117th Congress. The report was advanced by Sen. Maria Cantwell, D-Washington, on May 10, 2023.

(Continued from Part 2 of 4)

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F. Subcommittee on Consumer Protection, Product Safety, and Data Security:

The Subcommittee on Consumer Protection, Product Safety, and Data Security worked to protect consumers from unfair and deceptive practices, and unsafe products identified in the marketplace. The full Committee focused on consumer privacy, protecting children and youth online, and holding companies accountable for online harms. In addition, the Committee advanced legislation to save consumers money on prescription drugs and fuel, and to allow the Federal Trade Commission (FTC) to obtain refunds for consumers when a company has taken their money in violation of law. The Committee also worked to protect consumers from scams stemming from the COVID-19 pandemic; expand the rights of collegiate athletes to be compensated for their name, image, or likeness; and protect consumers from harmful products and marketing.

MEMBERS DURING THE 117TH CONGRESS/14/

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/14/ In addition to the members listed for each individual subcommittee, the Chair and Ranking Member of the full Committee serve as ex officio members of all subcommittees.

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Democrats:

Senator Blumenthal (Chairman)

Senator Klobuchar

Senator Schatz

Senator Markey

Senator Baldwin

Senator Lujan

Republicans:

Senator Blackburn (Ranking)

Senator Thune

Senator Blunt

Senator Moran

Senator Young

Senator Lee

ACTIVITIES

The Subcommittee on Consumer Protection, Product Safety, and Data Security sought to develop a national standard to protect consumer privacy and strengthen the security of consumers' data online. The Consumer Online Privacy Rights Act (S. 3195) and the Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act (S. 2499) were referred to the Committee under the subcommittee's jurisdiction. These bills sought to establish a national privacy framework and provide all Americans with more transparency, choice, and control over their data. These bills also sought to strengthen the FTC by giving the agency more resources and authority to oversee data collection and processing practices in the marketplace, and to take swift action in response to potentially harmful changes in technology over time.

The subcommittee also worked to strengthen laws to protect children and youth online. The Committee favorably reported the Children and Teens' Online Privacy Protection Act (S. 1628), which would strengthen the Children's Online Privacy Protection Act of 1998 to better protect the privacy of young internet users. The Committee also favorably reported the Kids Online Safety Act (S. 3663), which would require online platforms to prevent harms to young people and require transparency about how internet media platforms impact the public.

This legislation was informed by hearings before the full Committee and the subcommittee that addressed the need for a national privacy and data security standard and a series of hearings before the subcommittee that specifically addressed how social media and other online platforms can threaten the mental and physical health of children and teens. Additionally, the INFORM Consumers Act (S. 936), which was referred to the Committee and aims to increase transparency and decrease fraud on e-commerce platforms, was signed into law in December 2022.

The full Committee held two hearings to examine college sports. In particular, they addressed: (1) expanding collegiate athletes' right to be compensated for the use of their name, image, and likeness, and (2) improving health, safety, and other protections for student athletes.

The subcommittee considered and the full Committee advanced the Equal Pay for Team USA Act (S. 2333), which requires the U.S. Olympic and Paralympic Committee (USOPC) and sports' national governing bodies to provide equal compensation to women and men in the same sport who compete for the United States in international athletic competitions. This legislation passed the Senate and House of Representatives in December of 2022 and was signed into law in January 2023.

The subcommittee also considered and the full Committee advanced legislation to protect consumers from dangerous consumer products, such as clothing storage units that can tip over and trap toddlers, infant sleep products that can cause death, and small batteries that are harmful when ingested by children. This legislation includes the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act (S. 3232), the Safe Cribs Act (S. 1259), and Reese's Law (S. 3278), all of which were enacted into law.

The majority staff of the subommittee prepared a report explaining the importance of authorizing the FTC to seek consumer refunds and redress in Federal court cases where the Commission proves that a business violated section 5 of the FTC Act. The report showed that American consumers had received billions in refunds under court precedent that had interpreted section 13(b) of the Federal Trade Commission Act to authorize consumer refunds, prior to the Supreme Court's decision to overrule that precedent in AMG Capital Management, LLC v. Federal Trade Commission./15/

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/15/593 U. S. ------ (2021).

HEARINGS

This subcommittee held 10 hearings during the 117th Congress.

Date...Title

April 27, 2021 Curbing COVID Cons: Warning Consumers about Pandemic Frauds, Scams, and Swindles

May 18, 2021 Protecting Kids Online: Internet Privacy and Manipulative Marketing

August 3, 2021 Toxic Marketing Claims and Their Dangers

September 30, 2021 Protecting Kids Online: Facebook, Instagram, and Mental Health Harms

October 5, 2021 Protecting Kids Online: Testimony from a Facebook Whistleblower

October 26, 2021 Protecting Kids Online: Snapchat, TikTok, and YouTube

November 30, 2021 Hidden Holiday Hazards: Product Safety During the Holiday Season

December 8, 2021 Protecting Kids Online: Instagram and Reforms for Young Users

February 1, 2022 Stopping COVID-19 Fraud and Price Gouging

May 5, 2022 Ensuring Fairness and Transparency in the Market for Prescription Drugs

LEGISLATION

Bills reported favorably out of Committee:

S. 1259, the Safe Cribs Act (Passed Senate without amendment by voice vote. Held at the desk in the House.)

S. 1628, Children and Teens' Online Privacy Protection Act (Placed on Senate Legislative Calendar under General Orders. Calendar No. 658.)

S. 2333, Equal Pay for Team USA Act (S. 2333) (Became Public Law 117-340.)

S. 3232, Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act (Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent. Held at the desk in the House.)

S. 3278, Reese's Law (Placed on Senate Legislative Calendar under General Orders. Calendar No. 643.)

S. 3663, Kids Online Safety Act (Placed on Senate Legislative Calendar under General Orders. Calendar No. 660.)

G. Subcommittee on Oceans, Fisheries, Climate Change, and Manufacturing

The Subcommittee on Oceans, Fisheries, Climate Change, and Manufacturing has jurisdiction over matters that impact our oceans, coasts, and inland waterways including: coastal zone management; marine fisheries; marine mammals; and oceans, weather, and atmospheric activities. The subcommittee is responsible for overseeing the National Oceanic and Atmospheric Administration (NOAA), the U.S. Coast Guard, the Marine Mammal Commission, the U.S. Global Change Research Program, the Department of Commerce manufacturing bureaus, the Minority Business Development Agency (MBDA), and workforce development matters.

MEMBERS DURING THE 117TH CONGRESS/16/

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/16/In addition to the members listed for each individual subcommittee, the Chair and Ranking Member of the full Committee serve as ex officio members of all subcommittees.

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Democrats:

Senator Blumenthal (Chairman)

Senator Klobuchar

Senator Schatz

Senator Markey

Senator Baldwin

Senator Lujan

Republicans:

Senator Blackburn (Ranking)

Senator Thune

Senator Blunt

Senator Moran

Senator Young

Senator Lee

ACTIVITIES

The Subcommittee on Oceans, Fisheries, Climate Change, and Manufacturing considered legislation in all areas of the subcommittee's jurisdiction. The subcommittee managed bills reviewed by the Senate Committee on Commerce, Science, and Transportation, including the largest package of oceans legislation that has been signed into law in decades. Of the numerous bills that were marked up by the Committee, which were within the subcommittee's jurisdiction, four bills passed the Senate and ultimately became law. In total, when including legislation that passed as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 and H.R. 2617, the Consolidated Appropriations Act, 2023, 32 bills became public law under the subcommittee's jurisdiction.

Oceans

S. 46, the Restoring Resilient Reefs Act of 2021, was signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. This legislation is a robust modernization and reauthorization of the Coral Reef Conservation Act of 2000,/17/ and it authorizes $45 million per year for 5 years for the protection of these coral reefs. The updates in S. 46 respond to the expressed needs of States and territories. This legislation strengthens and clarifies the roles of NOAA and the Department of Interior, establishes block grants that support community-based directed efforts designed to speed coral reef restoration, codifies the U.S. Coral Reef Task Force, and establishes a Coral Reef Fellowship.

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/17/Public Law 106-562.

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S. 381, the National Ocean Exploration Act, which was signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, establishes an interagency coordination body, organized by the Office of Science and Technology Policy at the White House and NOAA, to improve and leverage ocean exploration priorities and research in the United States. This legislation provides funding incentives for coordinated acquisition, processing, stewardship, and archiving of new ocean and coastal mapping data in U.S. waters and centralizes the storage of data relating to ocean mapping, exploration, and characterization to improve data accuracy and accessibility. This bill renews funding authorizations totaling $363 million annually through 2028 to support ocean exploration science and research, ocean mapping and charting, and ocean hydrographic surveys.

S. 1289, the Marine Mammal Research and Response Act, which was signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, reauthorizes NOAA's John H. Prescott Marine Mammal Rescue and Response grant program, which funds grants to provide assistance for marine mammals that are entangled (e.g., caught in fishing gear) or become sick or injured in U.S. waters. This legislation includes: new requirements that make data on sick and injured marine mammals available to the public; a new emergency financial assistance program to help partners respond to large scale emergency events, including mass stranding (or beaching); and a Marine Mammal Health Map to analyze gaps in data about marine mammal rescue and response. Lastly, this legislation requires a National Academy of Sciences study on the connection between ocean warming events, such as harmful algae blooms, and marine mammal mortality. This legislation authorizes $8.5 million, a 112.5 percent increase over current funding levels, to implement existing and new programs.

Fisheries

S. 273, the Driftnet Modernization and Bycatch Reduction Act, which was signed into law as part of H.R. 2617, the Consolidated Appropriations Act, 2023, prohibits the use of large mesh driftnets in all United States waters and requires NOAA to help fisheries shift to different and more sustainable fishing methods to reduce marine mammal, turtle, and bird bycatch.

The subcommittee considered and secured passage of a number of fisheries related bills and provisions focused on the following policy areas: combating illegal fisheries and forced labor, streamlining and improving the fishery disaster process, as well as reducing harmful fishing practices that impact marine mammals and shark species in U.S. waters.

S. 1995, the Sport Fish Restoration and Recreational Boating Safety Act of 2021, was signed into law as part of H.R. 3684, the Infrastructure Investment and Jobs Act,/18/ and reauthorized the Sport Fish Restoration and Boating Trust Fund. This legislation supports about $650 million annually in fishery restoration and conservation programs, boating access and infrastructure, as well as fish stocking programs important to recreational anglers.

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/18/Public Law 117-58.

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The subcommittee also worked to include fisheries related legislation in S. 4802, the Coast Guard Authorization Act of 2022, which was signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. The Act includes legislation to improve traceability and intergovernmental coordination needed to catch illegal fishermen on the high seas, as well as train NOAA and Coast Guard personnel to identify instances of forced labor and oppressive child labor in the fishing industry. The legislation also strengthens the tools that NOAA and the Department of Homeland Security have to end illegal fishing and forced labor, including denial of port privileges, certification, training, and capacity building in countries working to cut down on illegal fishing activity.

Weather and Climate

The subcommittee worked on several weather and climate related bills that focused on policy and authorizations to improve forecasting, response and management of extreme weather events (like tornados), to enhance data management and public communication for flood predictions, update nationwide precipitation estimates, and improve preparedness for firefighting response.

S. 558, the Flood Level Observation, Operations, and Decision Support (FLOODS) Act, which became Public Law 117-316, establishes a National Integrated Flood Information System to improve impact-based decision support services to reduce flood- related impacts and costs, and a Precipitation Frequency Atlas of the United States. This Act authorizes partnerships with academia and the private sector in order to improve flood monitoring, forecasts, land and topography data, designates a coordination hydrologist at each River Forecast Center, and requires an assessment of the availability and need for data on freshwater flooding into oceans, bays, and estuaries. This Act amends the Weather Research and Forecasting Innovation Act of 2017 to require evaluation and incorporation of innovative observations, and the Food Security Act of 1985 to require assistance to States for forecast communication coordinators to aid in local flood preparation and planning. This Act establishes an Interagency Coordinating Committee on Water Management co-chaired by the Secretary of the Interior and the Administrator of the Environmental Protection Agency (EPA), for cross Federal agency water-management to advance innovations to flood and water storage management.

S. 3053, the Providing Research and Estimates of Changes in Precipitation (PRECIP) Act, would amend the Weather Research and Forecasting Innovation Act of 2017/19/ to require NOAA to develop a plan to update probable maximum precipitation estimates for the United States every 10 years, produce a national guidance document on best practices for producing probable maximum precipitation estimates for use by Federal agencies and private entities, and to enter into an agreement with the National Academies of Science, Engineering, and Medicine to study and report to Congress on current precipitation estimation practices, including probable maximum precipitation estimation.

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/19/Public Law 115-25.

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S. 4237, the Fire Ready Nation Act of 2022, passed out of the Committee on May 25, 2022. This bill would establish a fire weather services program within NOAA, codify NOAA's Incident Meteorologist Service (IMETS), within the National Weather Service, and raise IMET compensation limits to account for long deployments in support of wildfire emergencies. The bill would require a GAO study to review all interagency groups established for wildfire management, make recommendations for improved efficiency and coordination and a study to assess Federal coordination of science and technology efforts across all Federal agencies, and make recommendations for improved efficiency.

Coast Guard

The subcommittee introduced and considered legislation, and conducted oversight over the United States Coast Guard and related activities. S. 4802, the Coast Guard Authorization Act of 2022, was signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. The Act reauthorizes the Coast Guard for fiscal years 2022 and 2023, making core investments needed to support the Coast Guard's missions by authorizing discretionary appropriations of $14.6 billion and $19.3 billion in fiscal years 2022 and 2023, respectively. Of these amounts, the legislation authorizes $172.5 million for a fleet of 52-foot motor lifeboat replacements for the Pacific Northwest for fiscal year 2023, $25 million for each fiscal year 2022 and 2023 to expand the Coast Guard's childcare subsidy program, $167.2 million for the Polar Security Cutter Program, $300 million for a 12th National Security Cutter, $650 million for the Offshore Patrol Cutter Program, $420 million for the Fast Response Cutter Program, $150 million for the acquisition of a commercially available icebreaker, $636 million to improve and modernize the Coast Guard Yard, $1 billion for shoreside infrastructure improvements (including $9.5 million for a covered mooring and haul out facility at Coast Guard Station Port Angeles, as well as funding for construction at Base Seattle), and $1 million to establish an Arctic Security Cutter Program Office.

In addition, the legislation makes important policy changes to the Coast Guard to expand training and education opportunities, improve housing, expand access to child care, and make other investments intended to help the Coast Guard to recruit and retain a thriving and diverse workforce. The legislation improves oversight and investigations of sexual assault and harassment in the maritime industry and within the Coast Guard; provides the Coast Guard the authority to revoke mariner credentials if the mariner has committed certain sex crimes; defines sexual harassment and establishes a process for mariners to report crimes to the Coast Guard; strengthens Coast Guard policy to ensure that members who are victims of sexual assault are provided care as soon as possible when deployed upon a vessel, or serving in a remote location; and establishes increased penalties for companies and certain personnel for failure to report a sexual assault and harassment at sea.

The legislation also promotes the representation of women and racial or ethnic minorities within the Coast Guard. It requires the Coast Guard to report to Congress on actions taken in response to the 2021 RAND representation report, develop a 10-year strategy to enhance diversity through recruitment and accession, and establish a partnership program with an institution serving underrepresented communities. The legislation also expands the Coast Guard Junior ROTC Program to include partnerships in each Coast Guard district across the Nation.

Marine Mammals

The subcommittee secured passage of a number of bills and related provisions to improve conservation and protection of marine mammal species.

S. 4802, the Coast Guard Authorization Act of 2022, which was signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, includes a number of provisions aimed at restoration of Southern resident orcas, Orcinus orca, and North Atlantic right whales, Eubalaena glacialis, which are listed as endangered under the Endangered Species Act./20/ The Act directs the Coast Guard and NOAA to establish a pilot program, known as a whale desk, within the Coast Guard Puget Sound Vessel Traffic Center. The desk would improve coordination between NOAA, the Coast Guard, and the maritime industry to reduce the risk of vessel traffic impacts on Southern resident orcas. The legislation expands near-real-time monitoring of large whales to improve management and conservation of endangered species. The legislation also establishes a new $10 million annual competitive grant program to support ports and other maritime operators that are proactively working to invest in measures to mitigate vessel impacts and improve conservation of marine mammals, such as monitoring and other mitigation measures.

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/20/Public Law 93-205; 16 U.S.C. 1531 et seq.

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The subcommittee also considered and the full Committee passed S. 1289, the Marine Mammal Research and Response Act, to reauthorize NOAA's John H. Prescott Marine Mammal Rescue and Response Grant Program, which provides competitive grants to Tribes, States, academic institutions, and other eligible applicants to fund projects that support efforts to rescue and rehabilitate marine mammals in U.S. waters. The legislation created a new emergency financial assistance program to help States, Tribes, academic institutions, and nonprofit organizations respond to large scale emergency events, including mass stranding or beaching of marine mammals. It also directs the National Academy of Sciences to study the connection between ocean warming events, such as harmful algae blooms, and marine mammal mortality.

HEARINGS

This subcommittee held 2 hearings during the 117th Congress.

Date...Title

October 19, 2021 Coast Guard Oversight

December 13, 2022 Promoting and Investing in Small American Manufacturers

LEGISLATION

Bills reported favorably out of Committee:

S. 46, the Restoring Resilient Reefs Act of 2021 (Placed on Senate Legislative Calendar under General Orders. Calendar No. 223. Signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.)

S. 273, the Driftnet Modernization and Bycatch Reduction Act (Passed the Senate with amendments by voice vote. Received in the House and held at the desk. Signed into law as part of H.R. 2617, the Consolidated Appropriations Act, 2023.)

S. 381, the National Ocean Exploration Act (Placed on Senate Legislative Calendar under General Orders. Calendar No. 195. Signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.)

S. 558, the Flood Level Observation, Operations, and Decision Support (FLOODS) Act (Became Pub. L. 117-316.)

S. 1289, the Marine Mammal Research and Response Act (Placed on Senate Legislative Calendar under General Orders. Calendar No. 212. Signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.)

S. 3053, the Providing Research and Estimates of Changes in Precipitation (PRECIP) Act (Placed on Senate Legislative Calendar under General Orders. Calendar No. 596.)

S. 3580, the Ocean Shipping Reform Act (Became Public Law 117-146.)

S. 4237, the Fire Ready Nation Act of 2022 (Placed on Senate Legislative Calendar under General Orders. Calendar No. 662.)

S. 4357, the Maritime Administration Authorization Act for Fiscal Year 2023. (Ordered to be reported favorably but was not filed. Signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.)

S. 4802, the Coast Guard Authorization Act of 2022 (Placed on Senate Legislative Calendar under General Orders. Calendar No. 664. Signed into law as part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.)

Bills That Were Passed as Part of Other Legislative Vehicles:

Bills that were signed into law as part of H.R. 2617, the Consolidated Appropriations Act, 2023:

S. 273, Driftnet Modernization and Bycatch Reduction Act

S. 3429, Alaska Salmon Research Task Force Act, as modified

Bills signed into law as part of H.R. 3684, the Infrastructure Investment and Jobs Act:

S. 1995, Sport Fish Restoration

Bills that were signed into law as part of H.R. 4346, the CHIPs and Science Act:

H.R. 1447, COAST Research Act of 2021

Bills signed into law as a part of H.R. 7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023:

S. 46, Restoring Resilient Reefs Act of 2021

S. 140, BLUE GLOBE Act S. 381, National Ocean Exploration Act

S. 1106, Shark Fin Sales Elimination Act of 2021

S. 1127, LEGEND Act S. 1289, Marine Mammal Research and Response Act

S. 1894, Regional Ocean Partnerships

S. 3533, Volcanic Ash and Fumes Act of 2022

S. 4357, Maritime Administration Reauthorization of 2023

H.R. 6882, To amend title 46, United States Code, to include certain passenger ferries as eligible and qualified vessels under Capital Construction Funds, and for other purposes.

S. 3176, Protections for Midshipmen Act

S. 3816, Marine Highway Promotion Act

S. 4802, Coast Guard Authorization Act of 2022:

H.R. 509, Coast Guard Safety and Accountability Act

H.R. 628, Shellfish Aquaculture Improvement Act of 2021

H.R. 6866, Safer Seas Act H.R. 8541, Aqua Alert Act, as modified

S. 62, Duck Boat Safety and Enhancement Act (in part)

S. 576, Great Lakes Winter Commerce Act

S. 2805, Small Passenger Vessel Liability Fairness Act of 2021 (in part)

S. 3637, Guarding Mental Health Act

S. 3705, Oil Spill Response Review Act (in part)

S. 4433, Service to the Fleet Act

S. 4842, Military to Mariners Act

Bills signed into law as part of S. 3580, the Ocean Shipping Reform Act:

S. 3262, FREIGHT Act (as modified)

Continues with Part 4 of 4

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The report is posted at: https://www.congress.gov/congressional-report/118th-congress/senate-report/21/1?s=2&r=12

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