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273 
be considered to have met the action deadline 
referred to in paragraph (3)(A) with respect to 
the application involved if the responsible per-
son requests the dispute resolution process de-
scribed in this paragraph and if the Secretary— 
‘‘(i) has initiated the discussions de-
scribed under paragraph (3) not less than 
60 days before such action deadline; and 
‘‘(ii) has complied with the timing re-
quirements of scheduling review by the 
Drug Safety Oversight Board, providing a 
written recommendation, and issuing an 
action letter under subparagraphs (B), 
(F), and (G), respectively. 
‘‘(J) DISQUALIFICATION.—No individual 
who is an employee of the Food and Drug Ad-
ministration and who reviews a drug or who 
participated in an administrative appeal under 
subparagraph (C)(i) with respect to such drug 
may serve on the Drug Safety Oversight Board 
at a meeting under subparagraph (D) to review 
a dispute about the risk evaluation and mitiga-
tion strategy for such drug. 
‘‘(K) ADDITIONAL EXPERTISE.—The Drug 
Safety Oversight Board may add members with 
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274 
relevant expertise from the Food and Drug Ad-
ministration, including the Office of Pediatrics, 
the Office of Women’s Health, or the Office of 
Rare Diseases, or from other Federal public 
health or health care agencies, for a meeting 
under subparagraph (D) of the Drug Safety 
Oversight Board. 
‘‘(6) USE
OF
ADVISORY
COMMITTEES.—The 
Secretary may convene a meeting of 1 or more advi-
sory committees of the Food and Drug Administra-
tion to— 
‘‘(A) review a concern about the safety of 
a drug or class of drugs, including before an as-
sessment of the risk evaluation and mitigation 
strategy or strategies of such drug or drugs is 
required to be submitted under any of subpara-
graphs (B) through (D) of subsection (g)(2); 
‘‘(B) review the risk evaluation and mitiga-
tion strategy or strategies of a drug or group 
of drugs; or 
‘‘(C) review a dispute under paragraph (5). 
‘‘(7) PROCESS FOR ADDRESSING DRUG CLASS 
EFFECTS.— 
‘‘(A) IN GENERAL.—When a concern about 
a serious risk of a drug may be related to the 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘FACT Act Rulewriting 
Improvement Act of 2007’’. 
SEC. 2. RAPID IMPLEMENTATION OF REQUIREMENTS ES-
TABLISHED UNDER THE FAIR AND ACCURATE 
CREDIT TRANSACTIONS ACT OF 2003. 
(a) ACCURACY GUIDELINES FOR FURNISHERS OF IN-
FORMATION.—Section 623(e) of the Fair Credit Reporting 
Act (15 U.S.C. 1681s–2(e)) is amended— 
(1) in paragraph (1), by striking ‘‘Federal 
banking agencies, the National Credit Union Admin-
istration, and the Commission shall, with respect to 
the entities that are subject to their respective en-
forcement authority under section 621, and in co-
ordination as described in paragraph (2)’’ and in-
serting ‘‘the Commission, in consultation with the 
Federal banking agencies and the National Credit 
Union Administration, shall’’; 
(2) by striking paragraph (2) and inserting the 
following new paragraph: 
‘‘(2) GUIDELINES AND REGULATIONS.— 
‘‘(A) IN GENERAL.—The Federal banking 
agencies and the National Credit Union Admin-
istration shall establish and maintain guidelines 
and prescribe regulations, with respect to enti-
ties subject to their respective enforcement au-
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275 
pharmacological class of the drug, the Secretary 
may defer assessments of the approved risk 
evaluation and mitigation strategies for such 
drugs until the Secretary has convened 1 or 
more public meetings to consider possible re-
sponses to such concern. If the Secretary defers 
an assessment under this subparagraph, the 
Secretary shall give notice to the public of the 
deferral not later than 5 days of the deferral. 
‘‘(B) PUBLIC
MEETINGS.—Such public 
meetings may include— 
‘‘(i) 1 or more meetings of the re-
viewed entities for such drugs; 
‘‘(ii) 1 or more meetings of 1 or more 
advisory committees of the Food and Drug 
Administration, as provided for under 
paragraph (6); or 
‘‘(iii) 1 or more workshops of sci-
entific experts and other stakeholders. 
‘‘(C) ACTION.—After considering the dis-
cussions from any meetings under subpara-
graph (B), the Secretary may— 
‘‘(i) announce in the Federal Register 
a planned regulatory action, including a 
modification to each risk evaluation and 
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thority under section 621, that are the same or 
substantially similar to the guidelines estab-
lished and maintained by the Commission under 
paragraph (1)(A) and the regulations pre-
scribed by the Commission under paragraph 
(1)(B). 
‘‘(B) REPORT
ON
DISCREPANCIES.—If 
there is any discrepancy between any guideline 
established by, or regulation prescribed by, the 
Commission under paragraph (1) and any 
guideline established by, or regulation pre-
scribed by, any Federal banking agency or the 
National Credit Union Administration, as the 
case may be, under subparagraph (A), the 
agency or Administration shall submit a report 
to the Committee on Financial Services of the 
House of Representatives and the Committee 
on Banking, Housing, and Urban Affairs of the 
Senate containing an explanation for the dis-
crepancy before the end of the 90-day period 
beginning on the date the guideline was estab-
lished or the regulation was prescribed in final 
form by such agency or Administration.’’; and 
(3) in paragraph (3), by striking ‘‘in paragraph 
(1)’’ and inserting ‘‘in paragraphs (1) and (2)’’. 
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IV 
House Calendar No. 162 
111TH CONGRESS 
2D SESSION 
H. RES. 1098 
[Report No. 111–418] 
Providing for consideration of the bill (H.R. 4626) to restore the application 
of the Federal antitrust laws to the business of health insurance to 
protect competition and consumers. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 23, 2010 
Ms. SLAUGHTER, from the Committee on Rules, reported the following resolu-
tion; which was referred to the House Calendar and ordered to be printed 
RESOLUTION 
Providing for consideration of the bill (H.R. 4626) to restore 
the application of the Federal antitrust laws to the busi-
ness of health insurance to protect competition and con-
sumers. 
Resolved, That upon the adoption of this resolution 
it shall be in order to consider in the House the bill (H.R. 
4626) to restore the application of the Federal antitrust 
laws to the business of health insurance to protect com-
petition and consumers. All points of order against consid-
eration of the bill are waived except those arising under 
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out a national enrollment campaign in accordance 
with subsection (h). 
‘‘(b) PRIORITY FOR AWARD OF GRANTS.— 
‘‘(1) IN GENERAL.—In awarding grants under 
subsection (a), the Secretary shall give priority to el-
igible entities that— 
‘‘(A) propose to target geographic areas 
with high rates of— 
‘‘(i) eligible but unenrolled children, 
including such children who reside in rural 
areas; or 
‘‘(ii) racial and ethnic minorities and 
health disparity populations, including 
those proposals that address cultural and 
linguistic barriers to enrollment; and 
‘‘(B) submit the most demonstrable evi-
dence required under paragraphs (1) and (2) of 
subsection (c). 
‘‘(2) TEN PERCENT SET ASIDE FOR OUTREACH 
TO INDIAN CHILDREN.—An amount equal to 10 per-
cent of the funds appropriated under subsection (g) 
shall be used by the Secretary to award grants to 
Indian Health Service providers and urban Indian 
organizations receiving funds under title V of the In-
dian Health Care Improvement Act (25 U.S.C. 1651 
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101 
(V) if such error rate exceeds 3 
percent for any fiscal year in which 
the State participates in the dem-
onstration program, a reduction in the 
amount otherwise payable to the State 
under section 1903(a) of the Social 
Security Act (42 Secretary 1396b(a)) 
for quarters for that fiscal year, equal 
to the total amount of erroneous ex-
cess payments determined for the fis-
cal year only with respect to the chil-
dren included in the sample for the 
fiscal year that are in excess of a 3 
percent error rate with respect to such 
children. 
(ii) NO PUNITIVE ACTION BASED ON 
ERROR
RATE.—The Secretary shall not 
apply the error rate derived from the sam-
ple under clause (i) to the entire popu-
lation of children enrolled in the State 
Medicaid plan or the State CHIP plan 
through reliance on a finding made by an 
Express Lane agency, or to the population 
of children enrolled in such plans on the 
basis of the State’s regular procedures for 
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282 
ulations, children, and racially and ethnically diverse 
populations. 
‘‘(c) NO AUTHORITY TO REQUIRE CHANGES.—This 
section does not authorize the Secretary to make or direct 
changes in any material submitted pursuant to subsection 
(a). 
‘‘(d) ELDERLY POPULATIONS, CHILDREN, RACIALLY 
AND ETHNICALLY DIVERSE COMMUNITIES.—In formu-
lating recommendations under subsection (b), the Sec-
retary shall take into consideration the impact of the ad-
vertised drug on elderly populations, children, and racially 
and ethnically diverse communities. 
‘‘(e) SPECIFIC DISCLOSURES.— 
‘‘(1) SERIOUS
RISK; SAFETY
PROTOCOL.—In 
conducting a review of a television advertisement 
under this section, if the Secretary determines that 
the advertisement would be false or misleading with-
out a specific disclosure about a serious risk listed 
in the labeling of the drug involved, the Secretary 
may require inclusion of such disclosure in the ad-
vertisement. 
‘‘(2) DATE OF APPROVAL.—In conducting a re-
view of a television advertisement under this section, 
the Secretary may require the advertisement to in-
clude, for a period not to exceed 2 years from the 
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283 
date of the approval of the drug under section 505, 
a specific disclosure of such date of approval if the 
Secretary determines that the advertisement would 
otherwise be false or misleading. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as having any effect on the author-
ity of the Secretary under section 314.550, 314.640, 
601.45, or 601.94 of title 21, Code of Federal Regulations 
(or successor regulations).’’. 
(3) DIRECT-TO-CONSUMER ADVERTISEMENTS.— 
(A) IN GENERAL.—Section 502(n) of the 
Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 352(n)) is amended by adding at the 
end the following: ‘‘In the case of an advertise-
ment for a drug subject to section 503(b)(1) 
presented directly to consumers in television or 
radio format and stating the name of the drug 
and its conditions of use, the major statement 
relating to side effects and contraindications 
shall be presented in a clear and conspicuous 
manner.’’. 
(B) REGULATIONS TO DETERMINE CLEAR 
AND CONSPICUOUS MANNER.—The Secretary of 
Health and Human Services shall by regulation 
establish standards for determining whether a 
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I 
110TH CONGRESS 
1ST SESSION H. R. 2586 
To amend the Investment Advisers Act of 1940 to authorize the Commission 
to require the registration of hedge fund advisers under that Act. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 6, 2007 
Mr. CAPUANO introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To amend the Investment Advisers Act of 1940 to authorize 
the Commission to require the registration of hedge fund 
advisers under that Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securities and Ex-
change Commission Authority Restoration Act of 2007’’. 
SEC. 2. AUTHORITY TO LIMIT EXEMPTION. 
Section 203 of the Investment Advisers Act of 1940 
(15 U.S.C. 80b–3) is amended by adding at the end the 
following new subsection: 
‘‘(l) AUTHORITY TO LIMIT EXEMPTION.— 
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‘‘(1) AUTHORITY.—The Commission may, by 
rule or regulation, limit the availability of the ex-
emption provided by subsection (b)(3), and require 
the registration under this section, of an investment 
adviser by requiring that certain shareholders, part-
ners, and beneficial owners of, or investors in, clients 
of the adviser shall also be counted as clients them-
selves for purposes of such subsection, as the Com-
mission determines necessary in the public interest 
or for the protection of investors. 
‘‘(2) RULE OF CONSTRUCTION.—The treatment 
of a shareholder, partner, beneficial owner, or inves-
tor as a client for purposes of registration under this 
section shall not affect, and shall not be affected by, 
the treatment of such persons not as clients for pur-
poses of section 206 or any other section of this 
title.’’. 
Æ 
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110TH CONGRESS 
1ST SESSION H. R. 2587 
AN ACT 
To designate the facility of the United States Postal Service 
located at 555 South 3rd Street Lobby in Memphis, 
Tennessee, as the ‘‘Kenneth T. Whalum, Sr. Post Office 
Building’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. KENNETH T. WHALUM, SR. POST OFFICE BUILD-
ING. 
(a) DESIGNATION.—The facility of the United States 
Postal Service located at 555 South 3rd Street Lobby in 
Memphis, Tennessee, shall be known and designated as 
the ‘‘Kenneth T. Whalum, Sr. Post Office Building’’. 
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the facility referred to in subsection (a) shall 
be deemed to be a reference to the ‘‘Kenneth T. Whalum, 
Sr. Post Office Building’’. 
Passed the House of Representatives September 10, 
2007. 
Attest: 
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 2587 
AN ACT 
To designate the facility of the United States Post-
al Service located at 555 South 3rd Street Lobby 
in Memphis, Tennessee, as the ‘‘Kenneth T. 
Whalum, Sr. Post Office Building’’.
H. R. 2587 
One Hundred Tenth Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Thursday, 
the fourth day of January, two thousand and seven 
An Act 
To designate the facility of the United States Postal Service located at 555 South 
3rd Street Lobby in Memphis, Tennessee, as the ‘‘Kenneth T. Whalum, Sr. Post 
Office Building’’. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. KENNETH T. WHALUM, SR. POST OFFICE BUILDING. 
(a) DESIGNATION.—The facility of the United States Postal 
Service located at 555 South 3rd Street Lobby in Memphis, Ten-
nessee, shall be known and designated as the ‘‘Kenneth T. Whalum, 
Sr. Post Office Building’’. 
(b) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the facility 
referred to in subsection (a) shall be deemed to be a reference 
to the ‘‘Kenneth T. Whalum, Sr. Post Office Building’’. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.
I 
110TH CONGRESS 
1ST SESSION H. R. 2587 
To designate the facility of the United States Postal Service located at 
555 South 3rd Street Lobby in Memphis, Tennessee, as the ‘‘Kenneth 
T. Whalum, Sr. Post Office’’. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 6, 2007 
Mr. COHEN introduced the following bill; which was referred to the Committee 
on Oversight and Government Reform 
A BILL 
To designate the facility of the United States Postal Service 
located at 555 South 3rd Street Lobby in Memphis, 
Tennessee, as the ‘‘Kenneth T. Whalum, Sr. Post Of-
fice’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. KENNETH T. WHALUM, SR. POST OFFICE. 
(a) DESIGNATION.—The facility of the United States 
Postal Service located at 555 South 3rd Street Lobby in 
Memphis, Tennessee, shall be known and designated as 
the ‘‘Kenneth T. Whalum, Sr. Post Office’’. 
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(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the facility referred to in subsection (a) shall 
be deemed to be a reference to the ‘‘Kenneth T. Whalum, 
Sr. Post Office’’. 
Æ 
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IIB 
110TH CONGRESS 
1ST SESSION H. R. 2587 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 11, 2007 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To designate the facility of the United States Postal Service 
located at 555 South 3rd Street Lobby in Memphis, 
Tennessee, as the ‘‘Kenneth T. Whalum, Sr. Post Office 
Building’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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HR 2587 RFS 
SECTION 1. KENNETH T. WHALUM, SR. POST OFFICE BUILD-
ING. 
(a) DESIGNATION.—The facility of the United States 
Postal Service located at 555 South 3rd Street Lobby in 
Memphis, Tennessee, shall be known and designated as 
the ‘‘Kenneth T. Whalum, Sr. Post Office Building’’. 
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the facility referred to in subsection (a) shall 
be deemed to be a reference to the ‘‘Kenneth T. Whalum, 
Sr. Post Office Building’’. 
Passed the House of Representatives September 10, 
2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
By JORGE E. SORENSEN, 
Deputy Clerk. 
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II 
Calendar No. 390 
110TH CONGRESS 
1ST SESSION H. R. 2587 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 11, 2007 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
SEPTEMBER 26, 2007 
Reported by Mr. LIEBERMAN, without amendment 
AN ACT 
To designate the facility of the United States Postal Service 
located at 555 South 3rd Street Lobby in Memphis, 
Tennessee, as the ‘‘Kenneth T. Whalum, Sr. Post Office 
Building’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. KENNETH T. WHALUM, SR. POST OFFICE BUILD-
ING. 
(a) DESIGNATION.—The facility of the United States 
Postal Service located at 555 South 3rd Street Lobby in 
Memphis, Tennessee, shall be known and designated as 
the ‘‘Kenneth T. Whalum, Sr. Post Office Building’’. 
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(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the facility referred to in subsection (a) shall 
be deemed to be a reference to the ‘‘Kenneth T. Whalum, 
Sr. Post Office Building’’. 
VerDate Aug 31 2005 
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VerDate Aug 31 2005 
01:00 Sep 27, 2007
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Calendar No. 390 
110TH CONGRESS 
1ST SESSION 
H. R. 2587 
AN ACT 
To designate the facility of the United States Post-
al Service located at 555 South 3rd Street Lobby 
in Memphis, Tennessee, as the ‘‘Kenneth T. 
Whalum, Sr. Post Office Building’’. 
SEPTEMBER 26, 2007 
Reported without amendment 
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301 
‘‘(2) PROMISING TECHNOLOGIES.—The stand-
ards developed under this subsection shall address 
promising technologies, including— 
‘‘(A) radio frequency identification tech-
nology; 
‘‘(B) nanotechnology; 
‘‘(C) encryption technologies; and 
‘‘(D) other track-and-trace technologies. 
‘‘(3) INTERAGENCY COLLABORATION.—In car-
rying out this subsection, the Secretary shall consult 
with Federal health and security agencies, includ-
ing— 
‘‘(A) the Administrator of the Drug En-
forcement Administration; 
‘‘(B) the Secretary of the Department of 
Homeland Security; 
‘‘(C) the Secretary of Commerce; and 
‘‘(D) other appropriate Federal and State 
agencies. 
‘‘(c) INSPECTION AND ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall expand 
and enhance the resources and facilities of the Office 
of Regulatory Affairs of the Food and Drug Admin-
istration to protect the prescription drug distribution 
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302 
system against counterfeit, diverted, subpotent, sub-
standard, adulterated, misbranded, or expired drugs. 
‘‘(2) ACTIVITIES.—The Secretary shall under-
take enhanced and joint enforcement activities with 
other Federal agencies and State officials, and es-
tablish regional capacities for the validation of pre-
scription drugs and the inspection of the prescrip-
tion drug distribution system. 
‘‘(d) DEFINITION.—In this section, the term ‘pre-
scription drug’ means a drug subject to section 
503(b)(1).’’. 
SEC. 911. ORPHAN ANTIBIOTIC DRUGS. 
(a) PUBLIC MEETING.—The Commissioner of Food 
and Drugs shall convene a public meeting regarding which 
serious and life threatening infectious diseases, such as 
diseases due to gram-negative bacteria and other diseases 
due to antibiotic-resistant bacteria, potentially qualify for 
available grants and contracts under section 5(a) of the 
Orphan Drug Act (21 U.S.C. 360ee(a)) or other incentives 
for development. 
(b) GRANTS AND CONTRACTS FOR THE DEVELOP-
MENT OF ORPHAN DRUGS.—Section 5(c) of the Orphan 
Drug Act (21 U.S.C. 360ee(c)) is amended to read as fol-
lows: 
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