On Wednesday, June 3, 2009, the Subcommittee on Commerce, Trade, and Consumer Protection met in an open markup session to consider the following bills: H.R. 2221, the Data Accountability and Trust Act, H.R. 2309, the Consumer Credit and Debt Protection Act, H.R. 1706, the Protecting Consumer Access to Generic Drugs Act, and H.R. 2190 and the Mercury Pollution Reduction Act.

No Republican Amendments were offered to H.R. 2211, the Data Accountability and Trust Act.

H.R. 2211 passed by voice vote.

Summary of Amendments to H.R. 2309, the Consumer Credit and Debt Protection Act:

An amendment offered by Rep. George Radanovich, R-CA., would bring transparency to the practice of State attorneys general hiring private attorneys to enforce Federal laws. Full disclosure of these agreements would help ensure that Federal law enforcement is the product of independent, even-handed decision-making, free from bias and political interference. This amendment was voted down, 14 to 9.

For a detailed vote tally and amendment text, click here.

An amendment offered by Rep. George Radanovich, R-CA., would strike section 3 of the bill, which provides the FTC with new authority to seek civil penalties for any practice related to consumer credit or debt which they deem unfair. With this unprecedented authority, every business that extends credit -- from local minimarts to florist to electronics or appliance stores could receive a civil penalty for every violation that the FTC retroactively determines is unfair. This amendment was voted down, 14 to 10.

For a detailed vote tally and amendment text, click here. 

H.R. 2309 passed by a vote of 16 to 9. For a detailed vote tally, click here.

Summary of Amendments to H.R. 1706, the Protecting Consumer Access to Generic Drugs Act:

An amendment offered by Rep. George Radanovich, R-CA., would require the GAO to begin a study two years after enactment of the act and update it every year thereafter for four more years to analyze the effect of the legislation on the number of patent challenges, lawsuits, settlements, and effect on early entry of generics into the market. This amendment was passed by voice vote.

For amendment text, click here.

An amendment offered by Rep. George Radanovich, R-CA., would require the FTC to review proposed settlements between brand and generic drug companies using those factors which courts have said are key in determining whether pharmaceutical settlements are anticompetitive: remaining patent time, fair market value of consideration, ability of the generic to entry the market early, and court orders. It would also provides for expedited judicial review where the FTC finds proposed settlements anti-consumer and files for injunction. This amendment was voted down, 16 to 9.

For a detailed vote tally and amendment text, click here.

An amendment offered by Rep. Cliff Stearns, R-FL.,  would sunset the provisions of the Act if is determined by the GAO that these provisions are causing less generic drugs to be brought to market than the previous paradigm. This amendment was voted down 15 to 10.

For a detailed vote tally and amendment text., click here.

H.R. 1706 passed by a vote of 16 to 10. For a detailed vote tally, click here.

 Summary of Amendments to H.R. 2190, the Mercury Pollution and Reduction Act:

An amendment offered by Rep. George Radanovich, R-CA., would push back the ban on the manufacturing process outlawed in this bill to 2020, in keeping with similar-phase out policies in Europe. This would give the four plants affected by this bill a realistic time frame to retool, help save the jobs of their employees, and prevent these jobs from going to our overseas competitors. This amendment was voted down, 14 to 11.

For a detailed vote tally and amendment text, click here.

An amendment offered by Rep. Phil Gingrey, R-GA., would repeal the bill's arbitrarily designed export ban and conform the export treatment of elemental mercury at these sites with the requirements of the Mercury Export Ban Act of 2008 -- Senator Obama's only enacted legislation. The Gingrey Amendment sought to prevent disruption in that the five (5) plants affected by this provision dealt with their mercury stockpiles before potential bankruptcy would risk the creation of dangerous, unmanaged, mercury stockpiles in these plants' communities. This amendment was voted down 10 to 16.

For a detailed vote tally and amendment text, click here.

H.R. 2190 passed by a vote of 16 to 10. For a detailed vote tally, click here.